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HomeMy WebLinkAbout06-02-1998 o~ ~ r . A.:.. u.'tard~$~Ji t.2i.} ..'r,~J~~, r hU`~~!~l°~~~.~S.+u~;A•5~:1.aw.M ww..~A. Mrin.rew .r ~e4G~'4~'+'~f.lj~~i ~ ~ , y r r Y I 'w I , City Council Agenda Packet s f ' June 2,1998 I w r i t k ,pa, . Le4A I ' o ` , , !:?1kEN AGENDA Agenda No. CITY OF DENTON CITY COUNCIL Agenda Item June 2, 1998 Date. - 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, June 2, 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: 1. C posed 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 representative for possible mediation, and possible settlement authority in litigation stylecl Di-rron County Historical Museum, Inc. Y. Demon County, Texas a,,0 City ofDenlon, Texas, el at, 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 As+ifacts. B. Conference with Employees - Under TEX. GOVT. CODE Sec. 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 MEETING OR ON INFORMATION RECEIVED IN A CONFERENCE WITH L'MPLOYEES WILL ONLY BE TAKEN IN AN OPEN MEETING THAT 1S HELD IN COMPLIANCE WITH TEX. GOVT. CODE CH. 551. THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AIA HORI/ED BY TEX. GOV'r, CODE SEC. 551,001, LT SEQ. (TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTFI) ABOVE, IN ACCORDANCE WITTI THE TEXAS OPEN MEETINGS ACT, INC'LUDINO, WITHOUT LIMITATION, SECTIONS 551.071-551.085 OF THE OPEN MEETINGS ACT. Regular Meeting of the City of Denton City Council en Tuesday, June 2, 1998 at 7:00 p.m. in the ! Counc I Chambers of C Fey Hall, 215 E. McKinney Street, Denton, Texas at w hick the following items will be considered: L Pledge of Alle&nce A. U.S. Flag ! B. Texas Flag ! ! "Honor the Texas Flog -1 pledge allegiance to thee, Texas, une and indivisible." ~F CITIZEN REPORT 2. Receive a citizen report from Mildred Hawk regarding treev, 9 k , 3 Q 2X s c City of Denton City Council Agenda June 2, 1998 Page 2 NOISE EXCEPTONS 3. Consider a request for an exception to the noise ordinance for the 1998 Juneteenth Celebration Activities on June 19 from 6:00 p.m, to 11;00 p.m. and June 20 from 12:00 noon to 12:00 midnight. 4. Consider adoption of an ordinance of the City of Denton, Texas, granting, pursuant to Section 20.1(ex2) of the Code of Ordinances of the City of Denton, Texas, an exception to the limitations imposed by that section with respect to hoes of operation of an amplified loudspeaker system; and providing an effective date. (North Texas State Fair Association) CONSENT AGENDA Loch of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Stall recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. Fhe City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids and purchase orders to be approved for payment under the Ordinance section of the agenda. Detailed back-up information is attached to the ordinances (Agenda Items 5.12). This listing is provided on the Consent Agenda to allow Council Members to diSLUSS or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items 5.12 below will be approved with one motion, If items are pulled for separate discussion, they will be considered as the first items under "Items for Individual Consideration." A citizen may not speak or fill out a "request to speak" form on an item on the Consent Agenda unless the item is removed from the Consent Agenda. The speaker shall be allowed to speak and the item shall then be con. °&red before approval of the Consent Agenda, 3. Consider adoption of an ordinance accepting competitive bids and awarding a contract for construction of approximately 5,500 feet of 10" sewer force main; providing for the expenditure of funds therefor; and providing an effective date. (Bid #2205 - Denton West Fcrce 1..',t7 aw, rd:d to Bowles ConstrAJOn in the amount of $199,018.00) 6. Consider adoption of an ordinance accepting competitive bids and awarding a contract for demolition of buildings and clearing of lots; providing for the expenditure of funds therefor: and providing an effective date. (Bid 02207 - Demolition and Clearing #28 awarded to Tclcom of Texas in the amount of $16,670.00) 7. Consider adoption of an ordinance accepting competitive'oids and awarding a contract for general construction of chain link fence at the Municipal Landfill; providing for the expenditure of funds therefor; and providing an effective date. (Bid #2208 - Chain Link Fence awarded to DRS Construction in the amount of $69,966.29) 0 8. Consider adoption of an ordinance accepting competitive bids and awarding a contract for replacement of the I IVAC at the Service Center first floor; providing for the expenditure of funds therefor; and providing an effective date. (Bid #2200 - Service Center First Floor NVAC Replacement awarded to BCI Mechanical in the amount of $59,631.00) ~5 • 32 x~Q I► o , Ism" O City of Denton City Council Agenda v~ June 2, 1998 Page 3 9. Consider adoption of an ordinance awarding a contract for the purchase of an IBM R/S 6000 deskside sever from the State of Texas General Services Commission Contract and , Interlocal Cooperative Purchasing Agreement; providing for the expenditure of funds therefor; and providing for an effective date. (Purchase Order #75186- IBM Corporation in the amount of 5141,911.00) 10. Consider adoption of an ordinance awarding a contract for the 3-year lease purchase of a, Xerox 4850 color laser printer, an NPS BI-MOD kit for a Xerox 4050 printer and a maintenance agreement for each item from the State of Texas General Services Commission Contract and Interlocal Cooperative Purchasing Agreement; providing for the expenditure of funds therefor; and providing an effective date. (Purchase Order t 085191 - Xerox Corporation in the amount of S107,455.20 per year; 3-year cost 5322,365.60) 11. Consider adoption o: an ordinance accepting competitive bids and awarding an annual contract for the purchase of electric distribution transformers: providing for the expenditure of funds therefor; and providing an effective date. (Bid 42203 - Annual Price Agreement for Distribution Transformers, estimated annual expenditure $150,000.00) 12. Consider approval or a resolution authorizing the County of Denton, as Trustee, to sell certain real property; consenting to the safe of certain real property to the highest bidder as provided by law; authorizing the Mayor of the City of Denton,'fexas to execute a deed without warranty and any other documents necessary or appropriate to convey certain real property sold by the County of Denton, as Trustee, pursuant to Section 34.05 of the Texas Property Tax Code; and providing for an effective dale, PUBLIC HEARING 13, Hold a public hearing and consider an amendment In the approved detailed plan for Planned Development 157 (PI) 157) zoning district. The property is legally described as Lot 2, I3luck 1, of the Carroll Point Addition and Lot 1, Block 1, of the Cozy Oaks Addition. It consists of 1,059 acres and is located on the north comer of the Collins Street, Carroll Boulevard and Fort Worth Drive intersection. The amendment proposes to change permitted land uses from n car wash to a combination of convenience store (with 0 on-premise sale of beer and wine), gasoline station and a car wash. (the Planning and Zoning Commission recommends approval (3.1) with conditions.) (Z.-98-018) 14. [find a public hearing and consider rezoning 3311 Teasley Lane (FM 2181) from an Agricultural (A) zoning district to an Office Conditioned (O(e]) zoning district. The 4.996-acre property is legally described as Tract 7 of the J. Fisher Survey (Abstract 421) and is located on the cast side of Teasley Lane directly across from Bent Oaks Street 0 'The proposal is to develor, offices, (The Planning and Zoning Commission recommends approval (4.0) with conditiuns,) (Z-98.019) 15. Hold a public hearing and receive citizen comment on the interim Curridx Ordinance providing a classification for designating roadways in Denton: establishing a minimum landscape setback along designated roadways; providing aroNlectural standards fir 4 3 2 x lo r. Wilke io n - n ~1ad~M i City of Denton City Council Agenda June 2, 1998 Page 4 designated roadways; establishing screening requirements for mechanical equipment, roof top equipment, vehicle service bays, loading docks, and outside storage of merchandise; limiting the visibility of certain uses along designated roadways; requiring traffic circulation plans for properties that access the designated roadways, and providing for non-conforming landscaping; providing a penalty for the violations thereof, providing t a severability clause; and providing for an effective date. 16. Hold a public hearing for City Council members to hear comments regarding Land Use Assumptions for Impact Fee Implementation. i i i. Consider adopting an ordinance annexing a 30.32 acre tract located north of Highway 77, cast of its intersection with i-35; establishing Commercial, conditioned, (Cie)) zoning y district classification and use designation; and providing an effective date. First reading, (A-76, Rancho Vista) (The Planning and Zoning Commission recommends approval (5- 0) of the annexation and Commercial, conditioned (Cie]) zoning district classification and use designation.) 18. Hold a public hearing regarding the proposed annexation of a 15.088 acre property located cast of Swisher Road near its intersection with Edwards Road in Denton's extraterritorial jurisdiction northeast of I.35E. (A•77,1he Preserve) VARIANCE 19, Consider approval of exaction variances from Section 34-! 14(3), street design standards. Section 34.125(b), street access, Section 34.114(17), sidewalks, Section 34-124(e), drainage design standards, and Section 34.124(g), concerning drainage easements, of the Subdivision and Land Development Regulations for a 61.018 acre property located in Division one of the City of Denton's Extraterritorial Jurisdiction (ETJ). The pioperty subdivision is located on the south side of Shepard Road and to the west of ercen Valley Circle. Proposal is to subdivide four (4) existing lots into nine (9) lots for single family housing. (7he Planning and Zoning Commission recommends approval 4-0.) L ENIS FUR INDIVIDUAL CONSIDERATIQLN 20, Consider adoption of an ordinance on Second Reading whereby the City of Denton, • Texas, and Nortex vIcom. 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 comet.:ent 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 0 public rights-of•way for the Telephone Company's telecommunications business, prescribing the quarterly compensation due the City under t!tls ordinance, providing the right of the City to use certain facilities of the Telephone Comrony; 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; .ti~ 32 x~ri 0 e City of Denton City Council Agenda June 2, 1998 Page 5 providing for severability; providing for choice of law and venue; finding and detcnniniug that the meeting at which this ordinance is passed is open to the public required by law; providing for futur., 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. 'r 21. Consider adoption of an ordinance on Second Reading whereby the City of Denton, Texas, and CoServ, LLC, (d/b'a/ 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, 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, structure,: and fixtures necessary or convenient for rendition of telecommunications services ;n 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 I meeting at which this ordinance is passed is open to the public as required by law; providing for futULC 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. 22. Consider adoption of an ordinance authorizing th.. City Manager to execute a contract I with William M. Mercer, Inc. to provide professional services to assist the City in i evaluating and selecting a health care provider and to provide related services as set forth in the contract; providing for the expenditure of funds therefor and providing an effective dale, (Professional Services Agreement #2217, awarded to William M, Mercer Inc„ in air amount not to exceed $64,000,00 per )ear) 23. Consider adoption of an ordinance authorizing the City Manager to execute a 0 Prufcssiunal Services Agreement with Black & Veatch, L LP. for design engineering and construction management services; authorizing the expenditure of funds therefor; and providing an effective date. (Public Utilities Board recommends approval 54) 24, Consider adoption of an ordinance authorizing the City Manager to execute a contract for professional legal services with the law firm of O'Melveny & Myers, L.L,P,; authorizing 'he expenditure of funds therefor; and providing an effective date, (Public Utilities Board O recommends approval 54) 25. Consider approval of a resolinion to declare the intent to reimburse expenditures from " unrescned fund balance of the General Fund with Certificates of Obligation Bonds; and providing an effective date. 2XID Q Win&" City of Denton City Council Agenda June 2, 1998 Page 6 26. Consider adoption of an ordinance accepting competitive bids and awarding a contract for a feel farm facility for the Municipal Airport; providing for the expenditure of funds therefor; and providing an effective date. (Bid 02195 - Fuel Farm for Municipal Airport - Les Gray and Co. Inc. in the amount of $152,244,00) (The Airport Advisory Board recommends approval 5.0.) i27. Consider adoption of an ordinance approving the assignment of the agreement between i` the City of Denton and the Friends of Denton County History, Inc. (97.98); providing for the payment and use of hotel tax revenues to the Historical Society of Denton County, Inc„ subject to the approval of revisions to the original budget ipproved by Resolution No. 98-013; and providing an effective date.' 28. Consider approval of a resolution amending Resolution No. 97-044, which approved the 1997.98 budget of hotel tax revenues for Friends of Denton County History, Inc., by approving a revised budget to be administered by the Historical Society of Denton County, Inc., pursuant to Chapter 351 of the Texas Tax Code; and providing an effective date. 29. Consider adoption of an ordinance for the City of Denton, Texas, adopting Standard of Care for a recreation program entitled Denton Middle School Program pursuant to Texas Iluman Resources Code Section 42.041 (b) (14); and providing an effective date. 30. Consider adoption of an ordinance authorizing the City Manager to execute a lease agreement with the Denton Independent School District fur the lease of two portable i buildings for a community 1K+lice office; and providing for an effective date. 31. Consider approval of a resolution of the City of Denton, Texas, approving the drug-free zone maps produced by Engineering and Transportation Department of the City of Denton 32. Consider adoption of an ordinance approving a real estate contract between the City of Denton and Mount Pilgrim Christian Methodist Episcopal Church relating to the ` purchase of 0.358 acre of land for constructing drainage improvements in the PEC-4 It 'tributary of Pecan Creek; authorizing the expenditure of funds therefore; and providing an effective date. ('the Planning and Zoning Commission recommends approval 6.0.) 13. Consider adoption of an ordinance approving a real estate contract between the City of Demon and Ernest Mills, Trustee, relating to the purchase of 0.156 acre of land for constructing drainage improvements in the PEC-4 Tributary of Pecan Creek; authorizing the expenditure of funds therefore; and providing an effective date. (The Planning and Zoning Commission recommends approval 6-0.) Q , AtM' 34. Consider adoption of an ordinance partially vacating a certain sewer and drainage casement from 11. D. Roberts and wife, SLAIN Roberts, to the City of Denton by Easement Deed on March 3, 1960, and recorded with Clerk's File Number 3881; and providing an effective date. (The Planning and Zoning Commission recommends approval 64) 32XI❑ WON i 0 City of T)enton City Council Agenda June 2, 1998 Page 7 35. Consider adoption of an ordinance abandoning a Utility Easement and partially abandoning a certain portion of a Drainage and Utility Easement, both easements being part of the Denton Regional Medical Center Addition as recorded in Cabinet K, Page 356 of the Plat Records of Denton County, Texas; and providing an effective date, (The Planning and Zoning Commission recommends approval 5-0.) 36. Consider adoption of an ordinance partially vacating a certain casement for the construction of local electric service lines from Lakewood Estates Partnership to the City of Denton by easement dated March 3, 1983, and recorded in Volume 1200, page 803 of , the Deed Records of Denton County, Texas; and providing for an effective date. (The Planning and Zoning Commission recommends approval 5-0.) 37. Consider adoption of an ordinance abandoning the west 8 feet of a 16-foot Utility Easement at the rear of Lots 8 and 9, Block 4, of Willowcreek Addition, as recorded in Volume 7, Page 20 of the Plat Records of Denton County, Texas; and providing an effective date. (The Planning and Zoning Commission recommends approval 6-0.) 38. Consider adoption of an ordinance abandoning a Drainage Easement on the west IS feet of Lot 24, Block C, of Hickory Creek Heights Addition, as recorded in Cabinet N, Slide 101 of the Deed Records of Denton County, Texas; and providing for an effective data (The Planning and Zoning Commission recommends approval 4.0.) 39. Consider adoption of an ordinance of the City of Denton, Texas, abandoning and vacating a portion of a Drainage Casement at the rear of Lot 30, Block B of Northwood Addition Twelfth Installment, an addition to the City of Denton, providing for the reversion of the City's interests in said land; and declaring an effective date. (The Planning and Zoning Commission recommends epproval 5.0.) 40. Consider approval of a resolution to declare the intent to reimburse expenditures from unreserved fund balance of the General Fund with General Obligation Bonds; and providing an effective date, 41. Consider nominadons/appointments to City's Boards and Commissions, 42, Miscellaneous matters from the City Manager. 1 i 43. New Business 1 This item provides a section for Council Members to suggest items for future agendas. i 44. Possible continuation of Closed Meeting under Sections 551.071-351.085 of the Texas Open Meetings Act. 45. Official Action on Closed Meeting items held under Section 551-071-551.085 of the Te tas Open Meetings Act. a v sL 1 %.v M i K f. 10 10 x ( !'r Y Y I I I r i; ~ r I I r?a. .1 \ •I lr y rr dC • I• i f r. 1 r t ,Y Y r i 1 \ •1 1 r • r Y r k~ , Y dy, r , .✓.SdaXx.S~i,5..1~.~Yi~N[iIICW'"9.r..r .W RdkAlm..rl....«.Y....., . ...,.«....r+••swbkMMM[nx`+~h,,,,,...,.,.. ~ r City of Denton City Council Agenda June 2, 1998 Page 8 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 Yr CITY SECRETARY - II NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE 6 }TEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349.8309 OR USE TELECOMMUNICATIONS DEVICES FOR ; THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. I r• 1 r ~ t r r r' , ftI t, r t. j• r ' i ~ 4 i 1 1 t .i I r 1:i 1` 1r11,,n r f 1 r d , ~ 1 X12 4Y1 f her . ;p ~ 3 2 1 rx b ,fief, . x a I~dh1 b 'V 1' ,L W a C ADeads fro ..~e_~~ SOenda Henn Data T cF .7S__ AGENDA INFORMATION SHEET AGENDA DATE: June 2, 1998 DEPARTMENT: City Manager's Office y~ CM: Ted Benavides, City Manage SUBJECT Consider a request for an exception to the noise ordinance for the 1999 Juneteenth Celebration Activities on June 19 from 6:00 p.m. to 11:00 p,m. aid June 20 from 12:00 noon to 12:00 midnight. BACKGROUND Mr. F:lihu Gillespie, Carder Supervisor of the Martin Lutt or King, Jr. Recreation Center, has requested that the City Council grant an exception to the ne ise ordinance for celebratoryactivities for Juneteenth (Attachment 1), Events are planned for two days, Friday, June 19'11 and Saturday, June 201h and will take place in Fred Moore Park. The activities planned for June 191h include a Oospcl Extravaganza with numerous choirs and individuals singing from 6:00 p.m. to 11:00 p.m. Also, a co-ed softball tournament will be held at the Fred Moore Park Ball Fields from 6:00 p.m, to 11:00 p.m. On Saturday, June 20i11, the softball co-ed tournament will conclude and there will be live bands, a dance contest, and talent show for entertainment, These activities are scheduled from 12:00 noon until 12100 midnight, no main source of noise from these activities will be the use of speakers for the bands and announcements. The surrounding area consists mainly of residential neighborhoods, with Oakwood Cemetery to the north (Attachment . 2), This event has been held for several years in the past at Fred Moore Park and there have been no complaints from the surrounding neighbors. As you know, the noise ordinance declares loudspeakers, amplifiers, and musical instruments a noise nuisance, particularly after I0:00 p.m. Monday through Saturday and anytime on Sunday (Attachment a). The ordinance does, however, provide that the City 0 Council may make exceptions when the public interest is served. e • The organizers have been informed that should Council approve this request, responsible use of amplified sound is still required by Section 20-1 of the City of Denton Code of Ordinances. In particular, Section 20.1(a) states: it 1 I 75KIa 32XIO s 11111110111n 0 l i It shall be unlawful for any person to make or cause any unreasonably loud, disturbing, unnecessary noise which causes or may cause material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof. . ~ 1 PRIOR AC''TION/REVIEW(Couoell,Boards. Comminslons] A request for an exception was approved May 27, 1997 for Jurneleenth Activities on June 13, 14 anS June 19, 20. FISCAL INFORM,110N None. I Respectfully Submitted: etty ,lliams Assistant to the City Manager Prepared by. i .ti..t. G vaQ ~ , Jennifer oodman Management Assistant 1 • Attachments: 1. Request from Mr. Gillespie 2. Map of the area 3. Noise Ordinance ; X 10 32X 1 s V l ~f , CITY OF DENTON TEXAS PARXS E RECREATION DEPARTMENT 321 E. McXJWNEY • OENTON, MAY 75201 (010) 340-PARX • FAX (010) 315.5751 MEAJORAD Ul~l FO: IcnnlferOoodrnen City Manager's Office FROM: Ehhu Gillespie Center Supervisor Martin Luther King, Jr. Recreation Center DATE? May 12, 1998 SUBJECT: 1998 Juneleenih Activities the 1998 Junelecnlh Planning committee has recommended that all activities take place on the following dates and times its indicated below. Please contact appropriate City Council members to initiate the necessary noise and occupancy variances to extend until 1;00 a.m. on these dates. We need the additional time to clear the park of its participants and secure all supplies and equipment used in conjunction with this event In add0ion, I am also providing a packet of information for each Council member to be included k in conjunction with this request at the next scheduled Council meting. Friday. June J4 Saturday J i Special lunch provided by SPAN Coed Sophall Tournanien! 11 moon, American Legion Hall 8 a,m -Finish, Fred Moore Park Bull Field Gospel F..clravagen:a Grand Parade 6-11 p.m, Fred AfoorePark Sound Stage 11 a. on., Sign-top atYLKCenter, S Die-up at Tmnas Rivera Parking Lot Prncbrnrafion & A>+~ard~ Ceremony E ' 6r 10 p.m, Fred Moore Park Sound Stage Fond Boothe, Arts di Craflr Booths, Game and Informa don Booths 11 a.m.-8 v. on. CO edSofiball Tournanrcnf 6- 11 p rn, Fred Afoore Park Bail Field Enterlainnrenr: Live Bonds. L7ance Con feet; Talent Shaw for A* and Adults 11 Noon -11 AJidnlghl p i xc', Ed l lodncy t Janet Simpson Kathy Mosby n , 9 CC++ V ],}x{11 .,/S//~ Y , MAE- } i I ~.gyp.1l~aY~kMlwLwrM,rt..w,....... _wv..., ~ . ~........a..n..n.. n_......... Pralde fl 1 Fred Moore Park r w. r~ ~ w~ - W ter. w w r • r ❑ ❑ ❑a U r ❑ ❑ L-L CM DfbVnDN 1--^ r Tex"~ Fred Moore Pwr4c Ur 32 K.. s yam Chapter 20 NUISANCES' ; Art, 1. In General. If 20.1-70.90 Art. IL Abandoned Property, if 20.31-70.70 , Div. 1. Generally, It 20.31-20.40 Div, 2. Motor Vehicles, 11 20-41-20-70 Art. III, Grass and Weeds, II 20.71-20.73 ARTICLE I. IN GENERAL Sec. 20.1. Nolae fai it shall be unlawful for any person to make or cause any unreawnabiy loud, dis• turbine, unnecessary noise which causes or may cause mstor-W distress, discomfort or injury to persons of ordinary sensibilities in the immoi vicinity thereof. 1bt It shall be unlawful for any person to make or cause any noise of such character, intensity and continued duration u to substeoitially Interfere with the comfortable enjoyment of private homes by persons of ordinary sensibilities. c1 The following acts, among others, are declared to be noise nuisances in violation of this Code. but such enumeration shall not be deemed to be rxauavo- ll The playing of any phonograph, television. r-%Io or any musical Instrument In such manner or with such volume, particularly between the hours of l2 00 o ta. and 7 00 a m., as to annoy or disturb the quiet, comfort or repose or persons of ordinary sen• sibilities in any dwelling, hotel or other type or residence; I ,2) The use or any stationaryloudspesks -,ouritierormusical instrument In such manner or with such volume as to annoy or disturb persons of ordinary sensibilities in the immediate vicinity thereof, particularly between the hours of 1040 p.mi and 7 00 a m., or the operation of such loudspeaker, amplifier or musical instrument at any time on Sunday; provided, however, that the city council may make exceptions upon • appilostion *ban the public interest wilkbe served thereby; 11 The blowing of arty loam whistle attached to s^y stationary boiler or the blowing r any other loud or far-reaching steam whistle within the city limits, except to oro a notice of the time to begin or stop work or u a warning of danger, s 141 The erection, excavation, demolition, Alteration or repair work on any building at any time other thin between the hours of ?.00 Lm. and 6,30 p.m., Monday through ~ O • -Cross nfeneeN-Protected migratory bird roosts decLred nuisance, 16-07; Inspection and abatement warrants, 119.34 at sav insect and rodent eontral In mobdo home and rea national vehicle parka, 132.01, i 1UPP NA. 1 1369 5 Masai o 6 S 1 • 1 aanw~ AgWo No _ C 4 Agenda Item AGENDA INFORMATION SHEET Dala j AGENDA DA7 Ea June 2, 1998 DEPARTMENT: City Manager's Office Cdl; Ted Benavides, City Manager S fBJEC An ordinance of the City of Denion,'rexas, granting, pursuant to section 20.1(c)(2) of the Code of Ordinance of the City of Denton. Texas, an exception to the limitations imposed by that section with respect to hours of operation of an amplified loudspeaker system; and providing an effective date. (North Texas State Fair) AC•KGR UND Mr. James Roden, representing the North Texas State Fair Association, has requested that the City Council grant a three year a;ception to the noise ordinance for the annual North Texas State Fair and Rodeo (Attachment 1). In June of 1995, the City Council approved a resolution that adopted a policy to allow three-year exceptions to the noise ordinance for qualifying organizztions (Atlachement 2). ]'he fair is held each year in late :',-igust at the North Tetras Fairgrounds and the organization is requesting that the exception be granted for the following hours; Monday-Thursday until 12;00 midnight Friday. Saturday until 1;00 a.m. Sundays from 8;00 a m, until 11;00 p.m, In order to qualify for consideration of the three-year exception, the annual event shall ha%v demonstrated three consecutive years of responsible activity in connection with . Section 20-1 (c) (2) of the Code of Ordinances. In that regard, the City Council has granted a previous three-year exception to the noise ordinance for the North Texas State Fair and Rodeo that %,i, as in effect from 1995 to 1997. Police Department records indicate that during that time period only one noise disturbance related call was received and that was in 1995 (Attachment 4). F-ach time the Fair Association has come before the Council to request an exception for the Fair there has been a great deal of discussion among Council members, neighborhood residents, and those making the request. The minutes of • the last meeting arc attached for )out review (Attachment 5). In an effort to receive input 0 • from the neighborhood, the neighborhood association, North Denton Center Community Group uvas contacted. Its president, Mr. Gene Truss, was made aware of the request from the Fair Association and N,, as given information about the time and date of Council's 1 „ r.., - C1 32 x Q 0 ' le i y , consideration of this request, Mr. Truss expressed numerous concerns and was told that Mr. Roden would be encouraged to contact him. Another issue that has come up in the past is the issue of parking. Ordinance 497.352 was passed in December that regulates, the parting during the Fair (Attachment 6). This ordinance includes amt additional area of Carrcll Boulevard, from Ross Street to Fain Street (Attachment 7) in an effort to alleviate neighborhood concerns associated with parking. In past years, there has also been much discussion: regarding irmiting the use of amplified sound between the hours of 12:00 midnight and 7:00 a.m. The Council has previously expressed interest in prohibiting the use of amplified sound after midnight, however did agree in the prior three-year exception to allow the exception to extend until 1:00 a.m., Saturday. Although minutes indicate that Council approved the 1:00 a.m. exemption for Saturday night only, the final ordinance wording inclu ies Friday until 1:00 a.m. If it is the Council's desire, the hours on Friday and Saturday nights, as well as any other provision contained in the ordinance, may be m^'ified prior to its adoption, i The organizers have been informed that should Council approve this request, responsible use of the amplified sound is still required by Section 20-1 of the City of Denton Code of Ordinances. In particular, Section 20.1 (a) states: It shall be unlawful for any person to make or cause any unreasonably loud, I disturbing, unnecessary noise which causes or may cause material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof, ESTIl1fATED SCHEDULE OF PROJECT ]'he annual North Texas Fair and Rodeo takes place for eleven days between August 15 and August 31. PRIOR ACTIONlRF_'VIEW 0 1 he same ordinance, which has expired, was approved by a vote of 5.2 in 1995. 1 FISCAL INFOMIAII.QN None i a 2 ?F) 10 IO r• ~G n " .I ~.S ~Y~~m~ 1,I~I ~ y ' 0 ~a , a I Y ' e\ 1 f .t ° , I T Respectfully submititd: j k tty Wi iams Assistant to the City Manager Prepared by: 3e fifer 0 man Management Assistant Attachments: 1. Request from Mr. Roden 17 ? 2, Resolution 95.030 3. Sample ordinance 4. Police report for previous three years 5. Minutes from City Council meeting, July 5, 1995 6, Ordinance 97.352 7. Map of no-parking signs S. Map of fairgrounds and surrounding neighborhoods 9. Proposed ordinance I 3.1 I ~ I 1 , 'I 1 I 4 I i 3 e' a A.~ 2'113 ~Lr ~ w ~ r rr i , 0 { n %WWWW i a~ V S St April 7, 1998 Pres,denVExi ive Chreclor James Roden Vke President Denton City Council B,e Allen 215 East McKinney Street Seuerory' Bob Valrews Denton, Texas 76201.4229 +l Treasurer 4 A., t lloyd Ballard 1 Directors To Members of the Denton City Council: Carl Ardcrsco ' RoDerl Bell RoWc lion North Texas State Fair Association respectfully requests a special exemption Glenn a ,erry Cobb for the use of loudspeakers, amplifiers, and musical instruments for the Mark Fos!ar purpose of conducting the North Texas State Fair and Rodeo. This is Dais „an necessary for announcing the Rodeo rnd having bands on stage. We are Wayne Johnson asking for the same time as approved in 1995, which is 12;00 midnight, I Jell Krueger Monday through Thursday, I :00 a.m., Friday and Saturday, and 11:00 p.m. on . Troy laGwns Sunday, It is further requested approval be another three year period, Weldon Lucas AD VMm Dale McKnghl The location is 2217 North Carroll Boulevard, North Texas State Fairground ER oniao Directors in Kimbrough Park. Jee Moseley, I r coun,y Judge The Fair is a major activity of this community and has for 70 years been a Ted eenavides cornerstone to the quality of life mil of us hold dear, Definitely a part of the city Manager heritage of this area, North Texas State Fair and Rodeo continues to hold a chuck carpenter, President ol Gnamber Place in the hearts and minds of the people. Our dedication Is to youth, of commerce agriculture and community. 1 ` r Sincerely, li James Roden S a President " 4,N-0 211 NORTH CARROLL PO BOX 1695 UNION Tf XAS 76202 (910) 301.2632 FAX {9101362.7163 . 2 4 25 do 32 x I ❑ A l swa,. m:ue:en. Eel RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING AN ORDINANCE FORMAT TO HE USED IN GRANTING TO PERSONS RESPONSIBLE FOR ANNUAL EVENTS WH'CH HAVE DEMONSTRATED A HISTORY OF PAST RESPONSIBLE COMPLIANCE WITH THE CITY'S NOISE ORDINANCE, EXCEPTIONS TO THE LIMITAT:DNS IMPOSED BY SECTION 20.1(c)(2) OF THE CODE OF ORDINANCES i OF THE CITY OF DENTON, TEXAS, WITH RESPECT TO HOURS OF OPERATION OF AN AMPLIFIED LOUDSPEAKER SYSTEM, PURSUANT THE PROVISIONS OF THAT SECTION. WHEREAS, a number of annual event6 taking place in the City of Denton utilize amplified loudspeaker systems in connection with their festivities; and WHEREAS, many of these events contribute to an increased quality of life for many of Denton's citizens, and help to promote tourism and commerce; and WHEREAS, many of these events seek authorization from the City council to utilize such loudspeaker systems after the hours normally approved by the Code of ordinances; and WHEREAS, the City Council wishes to recognize and reward those organizations sponsoring annual events which have demonstrated a past history of responsible operation of such amplified loudspeaker systems by eliminating the need to seek authorization for the same event each year; and WHEREAS, the City Council hopes thit such a program will provide an incentive for other annual events to operate amplified loudspeaker systems in a responsible fashion; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION I. That the ordinance format attached hereto as Exhibit A is hereby approved for granting ongoing exceptions to • section 20-1(c) (2) of the Code of Ordinances of the City of Denton, Texas, with respect to hours of operation of amplified loudspeaker systems, pursuant the provisions of that section. S K SECTION II. That, in order to qualify for consiop:ration of an ordinance of the type attached hereto, the City Council intends that such annual events shall have demonstrated a minimum of three • consecutive years of responsible act.vity in connection with the O • use of such amplified loudspeakers pursuant to prior ordinances granting exceptions to Section 20-1(c) (2) of the Code of Ordinances of the City of Denton, Texas, SECTION _111 That the duration of ordinances of the format attached hereto should not ordinarily exceed three years. { 5 I Pmq" plc.' 4. A,. 32X10 A o r 0_, it aJ. ,,r r ;F r 1`k I ~ r. . 3 r y. - r r TI t SECTION IV. That this resolution shall become effective imme- diately upon its passage and approval. x PASSED AND APPROVED this the day of ti 1995. R 3 ' r: n~ BOB CASTLEBERRY, MAYOA 21 f ATTEST: JENNIFER WALTERS, CITY SECRETARY <u BY: { APP ED AS TO LEGAL FORM: t" MICHAEL A. BUCEK, ACTING CITY ATTORNEY f , • i t I r ki ~ ( r , ! k r kra~ 'F :7 'x p~ X454' 32 x Ammon 0 r,nsarrr..H f ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING, PURSUANT TO SECTION 20-1(C)(2) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, AN EXCEPTION 7'0 THE LIMITATIONS IMPOSED BY THAT SECTION WITH RESPECT TO HOURS OF OPERATION OF AN AMPLIFIED LOUDSPEAKER SYSTEM; AND SETTING AN EFFECTIVE DATE. I WHEREAS, pursuant to 520-1(c) (2) of the Code of Ordinances of the City of Denton, Texas, (name of person or entity responsible) has made application to the City Council for an exception to the provision of that same section restricting the operation of ampli- fied loudspeakers after 10;00 p.m., in connection with the (name a* annual event) annual event held at (location of event) , and in connection with said request, has requested the exception to be granted on an ongoing basis for said annual event at said location (state time of event, s.a., on the third weekend of each October) and WHEREAS, upon prior application and approval by the City Council of the City of Denton, Texas, (name of p#rsQn or entity responsible) has consistently demonstrated over the past (M of years) years an ability to responsibly operate amplified loud- speakers in connection with the _(name of annual event) annual event held at _ (location of -event)--, at times past the hours defined in 520-1(c)(2) of the Code of Ordinances of the City of Denton, Texas, within the public interest and without materially disturbing persona of ordinary sensibilities in the immediate vicinity thereof; and WHEREAS, based upon this past history, the City Council of the City of Denton, Texas finds that granting an exception for this annual event on an ongoing basis, subject to the restrictions contained herein, would serve the public interest; NOW, THEREFORE, • THE COUNC?L OF THE CITY OF DENTON HEREBY ORDAINSi SECTION I. That, pursuant to 520-1(c)(2) of the Code of ordinances, -(name of veraon or entity responsible) is hereby ` granted an exception said sections 1000 p.m. limitation upon the 1 operation of amplified loudspeakers, subject to the conditions listed below r !list conditions here, which could include, rx=# other fJ u things, the followingil f 1. This exception is granted gy in connection with the operation of the (name of annual event) annual event at (location of event) , on (state tiae of event, e.a., on the third weekand_of each October) . i r ( lrky^{~ 2 5_x 1a 32XIO l a ,r P r , t'. O ri A ! y i I 2• (name of Hereon or entity ruooaeible) agrees to take full responsibility for ensuring that the conditions of this exception are met, and to take all reasonable measures necessary to avoid disturbing persons of ordinary sensibili- ties in the immediate vicinity of the event. 3. (name (2f naraoa or entity r~snQnsiblal agrees to cease using amplified loudspeakers at _(1130 p.m.) 4. Under no circumstances shall the annual event employ the use of amplified loudspeakers between the hours of 12:00 mid- night and 7:00 a.m. 5. This ordinance co,fers no personal or property rights, and may be amended, modified, superseded or revoked in whole or in part at the will of the City Council of the City of Denton, Texas, without any advance warning, hearing or compen- sation, for any reason at all, or for no reason. 6. This ordinance shall be strictly construed as an excep- tion granted pursuant to 520-1(c)(2) of the Code of Ordinances of the City of Denton, Texas. The City of Denton, Texas expressly reserves unto itself and all other persons any and all legal remedies, civil or criminal, relating to excessive " noise in connection with this annual event, and hereby dis- claims any promissory or equitable estoppel which might in any way impede the pursuit of such remedies by any person. (add other provisions as desired, e.g., not within 300, of a church, school or hospital) not within 100' of residentially coned property, eto.) SECTION Ii. That this ordinance shall become effective immediately upon its passage and approval, and expire three y+sars hence, unless sooner repealed, modified or rescinded, ~r ti PASSED AND APPROVED this the day of • 19 i BOB CASTLEBERR , MAYOR ATTEST: gad JENNIFER WALTER, CITY SECRETARY + BY: a k i Sy~M1Pt t v'~"},~~,:rt 32 i)~ ! y MIN PEI .I _ t/ V I a A f ,t C 4 1 !L r` f11- ~ ~r I , n Y 5 r - Y r ~ Y r f 6 ...+..,::iaM~i14~IRFipda.ac~..wa.r,».... a : ~ ~ . r! I APPROVED AS TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY Ian BY: A's ~i rl 1 1. ' r <Y . , t t ,11 , I "b I g ' gee .u' Ii • f t POLICE REPORT NORTH TEXAS FAIRGROUNDS glum WrAid§M ~Z ` 9i Q 1 LL7~ Aocl 1 Mnrtr M1 1 " td e Via son vow • N i l HIM - - • • ~1 1 '~owrc City of Denton City Council Minutes 15 J July 5, 1995 Page 9 B. The Council considered adoption of an ordinance pursuant to Section 20-1 (c) (2) of the Coda of ordinances of the City of Denton, Texas, an exception to the limitations imposed by that section with respect to hours of operation of an amplified loudspeaker system. (North Texas State Fair and Rodeo) Veronica Rolen, Administrative Assistant, stated that at the June 6, 1995 meeting, the Council approved a resolution that adopted a policy to allow for three year #xceptions to the noise ordinance for qualifying organizations and the North Texas State Fair had requested such an exception. To qualify for this exception, an organization had to demonstrate three consecutive years of responsible activity. Council had granted exceptions from 1992 - 1994 during which time two noise disturbance related calls were received in 1993. Each time the Fair had requested the exception tharq had been a great deal of discussion among the Council, neighborhood residents, and the Fair. In 1992 and 1993 Council approved an exception for the Fair for the following hoursi Monday - Thursday until 11100 p.m.I Friday and Saturday until 12 midnight) and one Sunday from 1100 p.m. - 13100 p.m. and one Sunday from ai00 a.m. - 4100 p.m. In 1994 the Fair requested the same hours and that request was denied. However, the Fair returned to Council the following meeting with amended hours. Council then approved the hours of Monday - Thursday until 10130 p.m.; Friday and Saturday until 12 midnightl and the first Sunday is00 p.m. - 11100 p.m. with the second Sunday 1104 p.m. - 4100 p.m. During previous expressions regarding the ordinance format, Council had expressed an interest to prohibit the use of amplified speakers under any circumstances between the hours of 12 midnight and 7100 a.m. Staff had informed Mr. Roden of that concern and because of Council's direction, the hours requested by the Fair Association had been emended by staff In the ordinance to indicate a 12 midnight time on Friday and Saturday nights. If Council desired, the hours on Friday and Saturday could be modified prior to the adoption of the ordinance. 1 1 Council Member Young asked about the two complaints in 1993. Roden stated that they were noise disturbances with the music being too loud. one complaint was received prior to 10100 p.m. The second complaint indicated that the music was too loud but the responding officers felt that it was not too loud. Council Member Cott stated that he would like to see 10 police officers added at closing time until one or two hours after closing. O y James Roden, North Texas State Fair Association, stated that the + Fair always hired all of the police reserves plus a number of uniformed officers were on duty until closing. ll .r :t , 25 Y, !Q 32XIO o , I 6 O city of Denton City Council Minutes July 5, 1995 Page 10 Council Member Cott stated that he had a problem with the open containers left at the retirement homes driveways and on cars. He asked that the Fair do something about that situation. Roden stated that the Fair had a clown-up crew which policed that area first thing at 7too a.m. Krueger motioned, Young seconded to approve the exception for the hours of 8100 a.m. - 12 midnight Monday through Friday with an additional hour on Saturday. Sunday hours would be until 11:00 p.m. Councilllember Miller stated that he had been a strong supporter of the Fair hours. The Fair schedule indicated that the live entertainment was over at 1000 p.m. Roden replied that the rodeo was over at 10%00 p.m. One major problem last year was that the vendors needed more time after the events were over. The Fair tried to run until 11100 p.m. with no stage activities and no amplified activities past 11%00 p.m. during the week. Council Member Miller stated that the ordinance did not indicate that the Fair would have to close the Fair at 11100 p.m. The ordinance had to do with the amplification. The ordinance did not deal with the hours of operation of the Fair but the hours the Fair was given the authority to operate amplified equipment. Roden indicated that the fair had to run slack with the rodeo, council Member Brock stated that the vendors could still sell to people after the rodeo activities. Roden stated that when the entertainment gone, the crowds began to leave. Council Member Krueger felt that asking for 12 midnight Monday through Friday was a way to help with the traffic noise. He felt • the request. was reasonable. Council Member Miller stated that he understood the purpose of the three year ordinance was to allow Council to make these exceptions in order to not have to hear the requests each year. Except for last year, the two previous years had the hours of operation at Monday - Thursday until ll%00 p.m.; Friday and Saturday until 12 midnight; and one Sunday until 11t0o p.m, and one until 000 p.m. • In 1992 when these hours were first established, the question was • • asked if those were the operating hours of the Fair and the Council was told that that was correct. The Fair operation would not be hampered if the noise was regulated during those hours. The hours of the Fair would be regulated. He expressed a concern that the 12 1 I {f'11 25)" ~IL I 2 X 1 4.J ~~fiYilWrd~:~ Mi►w..•.. KAL City of Denton City Council Minutes 161 July 5, 1995 Page 11 exception would be granted for three years as these were longer hours than approved before. It was not in keeping with the spirit of a three year period. Council Member Young felt that the Fair was a 75 year tradition which brought in money to Denton, The Fair was only asking for another hour of operation. He felt that the Council should grant the exception as asked for. He had a concern for the neighbors but the Fair needed to do buslneos. This was for only one week during the year. Council Member Miller stated that the August 4, 1992 minutes indicated that the Fair had operated In good faith for 44 years and that the Fair previously had not known that they ware in violation of the city ordinance regarding a noise exception. He felt that he supported the fair but was concerned about the residents who lived within the neighborhood. with an exception until midnight, the noise could continue until midnight and not 11100 p.m. Which had worked in the past. Council Member Brock asked what had changed since last year. In the past the Fair had indicated that lltoo p.m. was adequate during the week to shut off the amplifiers. The Fair did not have to close at a certain time but rather amplified sound would not continue after a certain time. Roden stated that the Fair had volunteered to cut back the hours in the past dus to Council pressure. The Fair had operated for 60 years without a noise request. When the noise exception request was made, the Fair gave up time due to the way the Council felt. Council Member Xrueger stated that the vendors were losing money on the earlier hours. Several community organizations were out at the Fair and attendance was down as the Fair closed too early. Council Member Brock asked what time the amplifiers ended in the past. Roden stated that there was no certain time. The dance had always • gone until 1 a.m. on Saturday night and 12 midnight on Friday night. Council Member Cott stated that one reason people did not come back to the Fair was due to the behavior of the people when they left the park. It was not a family atmosphere and might be one of the reasons the city was losing business. • Mayor Pro Tom Hiles stated that the August 4, 1992 minutes • • indicated that the City Attorney stated that there had been JJ discussion regarding the discovery and enforcement of the ordinance I Zoe and it was her legal opinion that "it was not a violation to i 13 , 75 Q 32 x +'kz~,• n,15 I. w. e 0 Olsonl. 1 6 2 City of 0onton city council minutes July 5, 1995 Page 12 operate a loudspeaker during the prohibited hours". The ordinance did not prohibit operating a loudspeaker. The ordinance prohibited the operation of a loudspeaker in a manner, given the lateness of the hour, which would be offensive to some individuals. Quite often it was the conduct of persons leaving the grounds and their conduct off of the property going to their cars on the streets and on private property. Council Member Cott's suggestions were well taken rind the Fair had already addressed those issues. It appeared that there was a sufficient number of officers to assist with people leaving the Fair and morning cleanup had been incorporated. The council was dealing with the noise ordinance and not with other problems which might be associated with the Fair. Those problems should be addressed in proper context and not with the noise ordinance. This was a short period of time given the impact of the economic value to Denton. Council Member Young stated that the Fair brought In many people. The problems were social problems and not in control of the Fair officials. He understood the businesses had an understanding with the Fair Association. People attending the Fair used the area stores. The Fair cleaned up the lots early In the mornings and the E cleanup procedure was improving each year. Council Member Miller stated that the ordinance dealt with agreeing to ceasing the use of amplified loudspeakers between certain hours. The ordinance dealt with just the use of amplified loudspeakers. He motioned an amendment to the motion which would cease the use of amplified loudspeakers at 11:00 p.m. Sunday - Thursday and at 12 midnight on Fridays and Saturdays. Brock seconded that amendment. Council Member Krueger stated that the amendment would defeat the purpose of his motion. It would set time limits again and put constraints the Fair. It was not fair to the Association. Council Member Miller stated that the only restriction was on the use of amplified loudspeakers. It was not on the operation of the Fair itself. He had talked with members of the Association and not everyone agreed that it would be harmful if the hours for amplification were ended at 11100 p.m. during the week and 12 midnight on weekends. Council Member Cott stated that it was Council's job to do this. It was not Council's job to make everything easy for everyone. In the past he had voted in favor of the Fair. Council needed to understand that there were pieces to the situation which needed to be better disciplined. 0 • Council Member Brock stated that the Fair Association had worked the last sa%eral years to clear up some the problems such as parking in the area. There were homes on Denison Street with no air conditioning and on Sunday nights parents had to got children ready { 14 j - - 44 32 X I O 163 , City of Denton City council minutes July 5, 1995 Page 13 to go to school. There were families living in area who needed consideration. The hours requested in the past were responsible. on roll vote for the amendment, Miller "aye", Young "nay", Cott "nay", Krueger "nay", Brock "aye", Biles "nay", and Mayor Castleberry "nay". Motion failed with a 2-5 vote. The following ordinance was conaideredi NO. 95-126 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING, PURSUANT TO SECTION 20-1 (c) (2) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, AN EXCEPTION TO THE LIMITATIONS IMPOSED BY THAT SECTION WITH RESPECT TO HOURS OF OPERATION OF AN AMPLIFIED LOUDSPEAKER SYSTEM► AN) SETTING AN EFFECTIVE DATE. on roll vote of main motion, Miller "nay", Young "aye", Cott "aye", Krueger "aye", Brock "nay", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 5-2 vote. C. The council considered adoption of an ordinance authorizing the Mayor to execute a contract for the collection of delinquent taxes. Mayor Pro Tam Biles left the meeting. Herb Prouty, City Attorney, stated that a contract had been negotiated with the McCreary, Veselka, Bragg and Allen lawfirm. Prior to that negotiation, a contract had been written and signed by the previous lawfirm. There were some changes in that contract. one change was to the demand letter changing It to a notice of delinquency letter. There were changes in language used to require the McCreary firm, only on the City's demand, to reduce delinquent accounts to judgement, The third non-material change removed a provision which allowed for compensation for the prior firm, tuuncll Member Cott left the meeting. 0 Prouty stated that there were two substantive changes. The Blair firm had agreed to provide for $1 million In professional liability insurance for errors and omissions. This was a new provision which had never been in the tax contracts before, The McCreary firm would not agree to the professional liability insurance as there was a low risk of suits or professional liability for delinquent 0 taxes. ~ 0 • Mayor Pro Ter Biles returned to the meeting. 15 4fil. g 25 x 32X y~If ru 6 0 2 4 Ci\WPDOCS\ORD\[AIRPAAA.ORD ORDINANCE N0. 1LsL✓ r AN ORDINANCE OF THE CITY OF DENTON, TEXAS REGULATING PARKING OF VEHICLES EACH YEAR DURING THE NORTH TEXAS STATE rAIR AND RODEO BY TEMPORARILY TO SITS BOULEVARD PROHIBITING ROM ITS E INTERSECTION A`VEHICLES SIREETSIDES INTERSECTION WITH HEADLEE STREET, THE WEST SIDE OF DENISON STREET FROM ITS INTERSECTION WITH UNIVERSITY DRIVE TO ITS INTERSECTION WITH SHE, THE EAST OF DENISON FROM ITS INTERSECTION WtITHVSHERMAN DRIVEST FITS INTERSECTION STREETWITH HEADLEE STREET, THE WEVT SIDE OF BOLIVAR STREET FROM ITS INTERSECTION WITH SHERMAN DRIVE TO ITS INTERSECTION WITH FAIN STREET, THE SOUTH SIDE OF ROSS STREET FROM ITS INTERSECTION WITH CARROLL BOULEVARD TO ITS INTERSECTION ITH STREET, THE NORTH ARROLL BOULEVARD 4 TO E OF STRATA DRIVE FROM ITS INTERJECTION W ITS INTERSECTION WITH MESQUITE HTREET, AND THE NORTH SIDE OF FAIN STREET FROM ITS INTERSECTION WITH CARROLL BOULEVARD TO ITS INTERSECTION WITH BOLIV PUBLICATION ETHBREOF; (PROVIDING FOR A LPENA PENALTY CLAUSE) TO PROVIDING TWO HUNDRED C:LLARS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 2. That from the cpening day iq he North Texas g State when signs Fair and Rodeo until the closing day, notice fparking thereof, In the City prohibited Of Denton to-wits streets or portions Both iCarroll Boulevard with Headleo Street=lion with Roes Street to Its i Tho west- side of University Drivetooits ointerse intersection o with Sherman Drivel with The east side of Denison Street from its intersection with Sherman Drive to its intersection with Headlee Street; with The west s of Bolivar Street from its intersection 0 Drive to its intersection with rain Street; The south side of Rose Street from its intersection with Carroll Boulevard to Its intersection with Bolivar Streett The north side of Strata Drive from Its intersection Carroll Boulevard to its intersection with Mosquito Street;wend @ 0 The north side of Fein street from its intersection with Ik Carroll Boulevard to Its intersection with Bolivar Street. That these no parking regulations shall be Faircand Rodeo untilr the t closing opening day unless revoked by x the State City council. 16 32XIO ° 0 - i t t I 215 , r I I SECTION iii, That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent Jurisdiction, such holding shall not affect the Council validity of iththe remaining porions e City of Denton tTexas ih hthis ordin&nce, ereby declares itnw would have enacted such remaining portions despite any such invalidity, SECTION _IV. Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding Two Hundred Dollars ($200,00), Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is the i limits any violations i pttod, Or continuedo and ars on shall be punished p within conviction such jZCUQH V, That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage, Rai PASSED AND APPROVED this the day of ~~L ~~~w t 1997 311C~f'~ 0,,/ ATTESTS a JENNIFER HALTERS, CITY SECRETARY 13Y3 I.?PROVED AS TO LEGAL POW ? HERBERT L. PROUTY, CITY ATTORNEY BYf I 0 17 2 .5 i0 32XI • . o , Fair and Rodeo No-Parking Signs C 1 C#~noee 1 E ftdw CLw JDAW LLA= Ufa% .miss 06 t -cr 90% .KiM N • wway 1R 10 - rt~.~r 7532x 10 e ' ■ 1AXI 10 i M 1% ii f IN VK r r 100 N 01 a: *1 0 ■ i as lot ■ N r ! 0 f:,■ ~ ■ rw a(7f(, • win ' f iii r a as 4'd we •'a + *M~S L VCS r l• i4 ii • 'ti no-is 4i ,:I'i~tlii it i i i f i~ ~I I ~ , ~ ■ `OiR` .e I, ■ lil ~l li ~i,. iii ~ 1~!'l, ~lkl II ii ~ ■ ■ _ ~~i,iliiili •~iI ii i~iltii ii ~ Ilii y i j ` *R' ~ I I I emir LbL Nis dam I PosOddpmmadm Liewswinumn as Us VA *4 ww4wwywww~wsMr rum 1% ww~ ■ Y w,. Noise Zone - Denton Fairgrounds October 18.1997 GJA Engineering & Transportation Dept. Map Scale•1"= 400ft 32 o , c x ORDINANCE NO, AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING, PURSUANT TO SECTION 20.1(cx2) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, AN EXCEPTION TO THE LIMITATIONS IMPOSED BY THAT SECTION WITH RESPECT TO HOURS OF OPERATION OF AN AMPLIFIED LOUDSPEAKER SYSTEM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, by Ordinance No. 93.126, the City Council granted the North Texas State Fair Association a three-year exception from the requirements of Section 20.1(cx2) of the Code of Ordinances of the City of Denton, Texas ("Code') and that exception has expired; and WHEREAS, pursuant to Section 20-1(cX2) of the Code, North ,texas State Fair Association has made application to the City Council for an exception to the provision of that same section restricting the operation of amplified loudspeakers after 10:00 p.m., in connection with the North Texas State Fair And Rodeo annual event held at 2217 North Carroll Boulevard, North Texas State Fairgrounds in Kimbrough Park, and in connection with said request, has requested the exception to be granted on an ongoing basis for said annual event at said location for eleven days between August 15 and August 31 of each year; and WHEREAS, upon prior application and approval by the City Council of the City of Denton, Texas, North Texas State Fair Association has consistently demonstrated over the past three years an ability to responsibly operate amplified loudspeakers in connection with the North Texas State Fair and Rodeo annual event held at 2217 North Carroll Boulevard, North Texas State Fairgrounds, at times past the hours defined in §20.1(cx2) of the Code, within the public interest and without materially disturbing persons of ordinary sensibilities in the immaUate vicinity thereof; and i WHEREAS, based upon this past history, the City council of the city of Denton, Texas finds that granting an exception for this annual event on an ongoing basis for a three-year period, subject to the restrictions contained herein, would serve the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION I. That, pursuant to §20.1(cx2) of the Code of Ordinances, North Texas State • Fair Association is hereby granted an exception to this section's 10.00 p.m. limitation upon the operation of amplified loudspeakers, subject to the conditions listed below: I. This exception is granted Qty in connection with the operation of the North Texas State Fair and Rodeo annual event at 2217 North Carroll Boulevard, North Texas State Fair• 1 • grounds, for eleven days between August 15 and August 31 of each year. i Q • 2. North Texas State Fair Association agrees to take full responsibility for ensuring I that the conditions of this exception are met, and to take all reasonable measures necessary to avoid disturbing persons ofordinary sensibilities in the immediate vicinity ofthe event. i 20 OWN r . . w it 1 ~ Warm I 3. North Texas State Fair Association agrees to cease using amplified loudspeaker at 12:OC midnight Monday through Thursday, 1:00 a.m. Friday and Saturday sad ' 11-,00 p.1n. on Sunday. 4. Uno.r no circumstances shall the annual event employ the use u: atnplifiod loudspei rers between the hours of 1,00 a.m. and 7:00 a.m. 5. This ordinance confers no personal or property rights, and may be amended, modified, superseded or revoked in whole or in part at the will of the City Council of the City of Denton, Texas, without any advance warning, hearing or compensation, for any reason at all, or for no reason br This ordinance shall be strictly consitnuod as an exception granted pursuant to 120- I(c)(2) of the Code of Ordinances of the City of Denton, Texas. The City of Denton, Texas expressly reserves unto itself and all other porsorts any and all legal remedies, civil or criminal, relating to excessive noise in connection with this annual event, and hereby dis- claims any promissory or equitable estoppel which might in any way impede the pursuit of such remedies by any person SECTION 11, That this ordinance shell become effective immediately upon its passage and approval, and expire three years hence, unless sooner repealed, modified or rescinded, PASSED AND APPROVED this the _ day of ,1498. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: "T HERBERT L. PROUTY, CITY ATTORNEY f. G'r tY y BY: r tw.ka vx a. u.~.+a u... w,4n.~. nr+w,,..y~. 21 25 K10 32 X q, f WON" , r. ♦ - O r 1 I i a ~ }i.: a. v.' t.1.LL YY. „ Yv^H+♦nTl!wvr~+M4fhMC4NY hO `xww'a.:.r-rrv .....1 ~ r ~ I I Agenda No, L. Agenda Item AGENDA INFORMATION SHEET I AGENDA DATE: June 2, 1998 Questions concerning this acquisition may be directed DEPARTMENTt Finance -Purchasing to Howard Martin 349-7194 y-p I ACM: Kathy DuBose, 349.82281W SUBJECT AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR CONSTRUCTION OF APPROXIMATELY 5,500 FEET OF 10" SEWER FORCE MAIN; PROVIDING FOit THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID # 2205 - DENTON WEST FORCE MAIN AWARDED TO BOWLES CONSTRUCTION IN THE AMOUNT OF 5199,018.00). BACKGROUND Tabulation Sheet ESTISI.ATED SCHEDULE OF PROJr CT, The project completion data is approximately 60 working days from receipt of order or approximately September 30,1998. PRIOR ACTION/REVIEW ICouecll. Boards. Corn holom The Public Utility Board reviewed this project on May 18, 1948 and recommends r approval. r FISCAL INFORMATION ) Funds for this sewage force main are available from Water and Sewer Utility Revenue Bonds, account # 675-082.8896-V606.9114, $307,000.00 has been set aside for this Denton West Force Main Upgrade. 1 Y r O • l is + t 't r } , ?w$;~'? 75 K 10 ~,,32Yx 0 --dm .1 mawww" ti j r a n i 1 iI AGENDA INFORMATION SHEET JUNE 2, 1999 ' PAGE 2 OF 2 ` BID INFORMATION This bid is for the construction of approximately 5,500 feet of 10" sewer force main. It originates at the Denton West Lift Station and tuns along Teas?ey Lane from Ryan Road to Lillian Miller. This line replaces a six (6) inch which has several breaks and is j inadequate to service the incoming flow into Denton West Lift Station, We recommend award to the lowest bidder, Bowles Construction, in the amount of 5199,019.00. Respectfully submitted: Name: Tom Shaw, C.P.M., 349.7100 Title: Purchasing Agent Attachment #1: Tabulation Sheet :a2AGENDn t' i rr t1 ~ ~I S. j r I ss r' ^t 2 t 3Fr 25 32 x d µ I . 11611® .I 9 a , r~_ ~ • 4' 1 14 n J9 r ATTACHMENT 01 TABULAT*N SHEET BID 9 2205 z 81D NAME DENTON WEST FORCE MAIN BOWLES DICKERSON ALEDO CALVERT PATE SAMSON CONST. CONST. CONST, PAVING BROTHERS UTILITIES CO. CONST. DATE 1" -05 DEBCRB'TION - VENDOR VENDOR VENDOR'Jt, !i5 VENDO VENDOR TOTAL 810 AWARD 6199,015.00 1200 .00 $223.631.60 6216 914.00 $779194.21 $312101.00 BONDS'CASHIERS CHECK BOND BOND BOND BOND BOND BOND r t 1 r Ilr " `J f d r I 7 .sC Fr YID I ~ r 1{ 1 , 3 14 X ' 2.5 lo z Y 1 I C ~ I I ORDINANCE NO. _ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR CONSTRUCTION OF APPROXIMATELY 5,500 FEET OF 10" SEWER FORCE MAIN; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID 0 2205 - DENTON WEST FORCE MAINAWARDED TO BOWLES CONSTRUCTION IN THE AMOUNT OF S 199,018.00). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procodtves of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, 4 THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the fol!owing competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID Tag CONTRACTQ$ AMOUNII 2205 BOWLES CONSTRUCTION $1999018.00 I , SECTION IL That the acceptance and approval of the above competitive bids shall not constitute a contract betwccn the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after • notification of the award of the bid. SECTION Ill. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public work, or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, • conditions, plats and specifications, standards, quantities and specified sums contained therein. 0 • 4 ,G syyn,~M, K 32X10 ~ ~ i tt F )a ~ t`a t r I v!f/Ai• ' i ^ri2lrr,~.tSskK.sT... V .x.~<.n~~.... 4.... _ a . r.......,........t.. .....x . i. SECTION IV. That upon acceptance w d approval of the above competitive bids and the a ' execution of contracts for the public works and improvements as authorized herein, the City Council , hereby authorizes the expenditruv of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. ' SECTION V. That this ordinance shall become effective immediately upon its passag • and approval. PASSED AND APPROVED this the play of 1998 JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: j" ` % HERBERT L. PROUTY, CITY ATTORNEY BY: { 2203.CONTRACT ORDINANCE t i 1'"i UIA' 5 ~ r i, 1 4' %5 0.1 32X10 0 0 . lwwz" : "W.: •,sx.s+°ri+-,~ra..... ..-....-....r.r.>•.,.v]4TaaI W0if'~'+^:ilY'lV'i~tll%9'fr .r.w.vnwwvr ~ i. Apende No. Agenda Ile E Oats ~ - i AGENDA INFORMATION SHEET AGENDA Di ,TE: June 2, 1998 Questions concerning this acquisition may be directed DEPARTMENT: Finance - Purchasing to Barbara Ross 349-7235 ACM: Kathy DuBose, 349-8228 SUBJECT AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR DEMOLITION OF BU;LDINGS AND CLEARING OF LOTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID # 2207 - DEMOLITION AND CLEARING #28 AWARDED TO TELCOM OF TEXAS IN THE AMOUNT OF $16,670.00). ; BACKGROUND Tabulation Sheet ESTIMATED SCHEDULE OF PROJECT The quoted schedule for the demolition of buildings and clearing of specified lots is scheduled for on or before July 1, 1998. PRIOR ACTIONIREVIEW(Council. Boards, Commissions] Community Development Block Grant (CDBG) staff members have reviewed each demolition site for compliance with CDBG guidelines end determined these six sites to be the highest priority for demolition and cleanup. • FISCAL INFORMATION 1 Demolition and Clearing # 28 will be funded from CDBG budget funds, account number 219-059-CD97.8502. i tFs. ~ 1 . ~ z 25 x C 32 X I O I • C r r V r 1 C ' 1 4 4 , y AGENDA INFORMATION SHEET NNE 2, 1998 _ PAGE 2 OF 2 BID INFORMATION This bid is for the demolition of buildings and clearing of six lots. See tabulation sheet for locations. The buildings have been determined to be uneconomical to rehabilitate and the neighborhoods are better served if the lots are cltared. We recommend award to the lowest bidder, Telcom of Texas in the amount of 1 ' $16,670.00, ~r Respectfully submitted: 1 1. c Name: Tom Shaw, C.P,M., 349.7100 s Title', Purchasing Agent Attachment #1: Tabu;ation Sheet ; 1031.AGENDA i j f I I , 4e , i 14 r ' 1 1 r l k ~~yy 2.6 2XIO e i Y i, I f r f,? asuim+ ] ! n J'~1 r ~ Y •I ~ 1! V l 2 a I r~ y i V I , A t ATAMM . n I, I I TABULATION SHEET BID ! 2207 ATTACHMENT # 1 RIMROCK TELCOM BID NAME DEMOLITION AND CLEARING ENTERPRISE OF TEXAS !28 INC. DATE 14-M •98 ! a OTY DESCRU TION VENDOR a f .VENDOR VENDOR 1 1316 MOCKINGBIRD 68.&W.00 $2.11N.00 2 902 N. LOCUST $1080000 S5 990.00 i 7 819 ROSE SS 00.00 51,890.00 i ~ 4 512 RUTH 514900.00 $4150.00 S 002 WILSON k 500.00 51 940.00 8 1112 E. MULBERRY $2 000.00 $400.00 TOTAL BID PRICE $43.M.00 $16.970.00 ADDENDUM 01 YES YES f. A I Y1 l i I[(' t ry y. t A I G I!r` kn~ ;r ~1i~ r ' 3'2 X1 • O ' ORDINANCE NO. _ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDMIG A CONTRACT FOR DEMOLITION OF BUILDINGS AND CLEARING OF LOTS, PROVIDING FOR THE " EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID # 2207 - DEMOLITION AND CLEARING 928 AWARDED TO TELCOM OF TEXAS IN THE AMOUNT OF $16,670.00). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and spocifications therein; NOW, TlfEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on rile in the O;fice of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 2207 TELCOM OF TEXAS $16,670.00 SEC f ON 11. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the pert,-)n submitting the bid for construction of sucb public works or improvements herein accepted and approved, until such person shall comply with all r9uiremcnts sPeciricd in the Notice to Bidders including the timely execution of a written e contract and famishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECT [ON 111. That the City M1t3nagcr is hereby authorized to execute all necessary written contracts for the performance of the construction of the public v orks or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance r with the Notice to Bidders and Bid Proposals, and documents reIating thereto specifying the terms, p conditions, plans and specifications, standards, quantities and specified sums contained therein. i 4 - ~Cl 32XIO I I 1 , I, 3 . O 4 , 1 V , ANN&" ~•.,.2~a#ra1'.flsti',:.'Y.1•4ktiw,wr.... _........r'..a.bw.arv4i+rv+.ls..:....,...,...». ~ I rA r r.. SECTION IV. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of .1998 JACK MILLER, MAYOR R 1 . i I ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: I APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Y BY: E 1. I • 2207CONTRACr 00 [NANCE E I .t r. I' v Ot tly`, 25 xo' ;~z10 0 - .'-.t ..r .I CX.,.3f Ory♦ •..r i.a'+.'•* 1v'M1w^rr: rv,pypq,pna^n.~.y w~~.... m..-. Agenda No ,Agenda Item ---?j~' Oa:e_L2~-Ll- AGENDA INFORMATION SHEET AGENDA DATE: June 2, 1998 Questions concerning this acquisition may be directed DEPARTMENT: Finance - Purchasing to Gerald Cosgrove 349-7189 ACNI: Kathy DaBose, 349-8223 SUBJECT AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR GENERAL CONSTRUCTION OF CHAIN LINK FENCE AT THE MUNICIPAL LANDFILL; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID 4 2208 - CHAIN LINK FENCE AWARDED TO DRS CONSTRUCTION IN THE AMOUNT OF 569,966.29). ` BACKGROUND Tabulation Sheet JI ESTIMATED SCHEDULE OF PROJECT j This fencing project is scheduled for completion within 30 working days after receipt of a purchase order or approximatcly July 15, 1998. I PRIORACTION/REVIEW (Council, Boards. Commissions) This project and the'single bid were reviewed by the Public Utility Board on May 18, 1998 and recommend approval. Fjer 1L INFORMATION The project will be funded from Certificate of Obligation sales for Landfill , Improvements, account # 633.024-CO95.808A•8502. C I ",M1rkK 25K1a 32XIO Y y r Yr. l i 1 1 r A rg .r5 1 i G s ij ' I AGENDA INFORMATION SHEET JUNE 2,1998 PAGE 2 OF 2 I BID INFORMATION This bid is for tha installation of approximately 5,159 feet of 6' ft. tall security chain link fence and one 20' gate at the Municipal Landfill. This chain link fence toppol with three I (3) stands of barbed wire will surround the existing landfill and the expansion area. It will be constructed along the limit of fill line as established in the landfill expansion permit. The notices to bid were sent to nine (9) qualified bidders. The size of the project, the limited time for installation, and the bonding requirements for a public works construction project contributed to only one response being received. We recommend this bid be awarded to the single bidder, DRS Construction, in the amount of $69,966.29. Respectfully submitted. i Name: Tom Shaw, C.P,M., 349-1100 Title: Purchasing Agent r, t Attachment # l: Tabulation Sheet 1041 AGENDA r . r 2 4. ~f z, r t 1 p s p '_s 3 tV: ~ r O~r~ f • i a' , ~ ~ ~ r.r S r nl ' 7 `rI t ATTACHMENT ##1 TABULATION SHEET I BID • 2205 BID NAME CHAIN LINK FENCE CONTRACT DBS a, CONSTRUCTION { Dr:TE 12 AI i`, r 3 i DESCRIPTION VENDOR 1 TOTAL BID PRICE SAS SSA.2S + f ADDENDUM N 1 YES r,F f CASHIERS CHECK YES 1 iv i i f r Jt V 11 jv) X32 X i • a , i ORDINANCE NO. _ i AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR l GENERAL CONSTRUCTION OF CHAIN LINK FENCE AT THE MUNICIPAL LANDFILL; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID 0 2208 - CHAIN LINK FENCE AWARDED TO DRS CONSTRUCTION IN THE AMOUNT OF $69,966.29). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest re,ponsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on rile in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBF,g CONTRACTOR AMOUNT 2208 DRS CONSTRUCTION $69,966.29 SECTION 11. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid i'nr construction of such public works or improvement; herein accepted and approved, until such per, •in shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 111. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the constmc lion of the public works or improvements in accordance > with tha bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidden and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. • 4 I ~ r Li L 21.5 r c + n , i ~ ~ I' 1, I 'k i a , " 1 v 1 , v r SECTION IV. That upon acceptance and approval of the above competitive bids and Cie execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. •w SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of .1998 i 01 JACK MILLER, MAYOR i I ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: 1 1 APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY it BY:- 2203 , CONTRACT ORDINANCE r I ~ f 4r r r l ~1 5 i.Y I4: ~ r I 4e a.: ~ +r !r " Pr i - _ r , r'ya yY~14~M r:[a F' . ...2 '3 4 ' ` 10 A_gLMFMU e t Agenda No. 9 I A„enda Item- o~o_ Date AGENDA INFORMATION SHEET AGENDA DATE: June 2, 1998 Questions concerning this acquisition may be directed " DEPARTMENT: Finance - Purchasing to Howard Martin 349-7194 ACSI: Kathy DuBose, 349.8228 SUBJECT AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR REPLACEMENT OF THE HVAC AT THE SERVICE CENTER FIRST FLOOR; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID 4 2200 - SERVICE CENTER FIRST FLOOR HVAC REPLACEMENT AWARDED TO BCI MECHANICAL IN THE AMOUNT OF $59,631.00). I ; BACKGROUND Tabulation Sheet ESTIMATED SCHEDULE OF PROJECT , The work is estimated to begin in approximately 3 weeks and completed prior to October I, 1998. The completion schedule is driven by the delivery schedule of the 40-ton compressor unit. PRIORACTION/fZFVIEW(Council. oards.CommissiQns Complete replacement of the HVAC units at the Service Center was scheduled for this 1998199-budget year. However, due to major failure of the second floor HVAC unit in September of last year that project was accelerated and completed in late September of 1997. This bid is for the remaining half of the project, i.e. the first floor area. This project was submitted and approved as a one time expenditure package during the budget development process. J 'A 1 1 I n/ X N Y~~w ~I 'JIlifMt~ a i 1 I AGENDA INFORMATION SHEET i JUNE 2, 1998 PAGE 2 OF 2 FISCAL INFORMATION Funds for this HVAC replacement project are available from a combination of Ccslity Account Numbers: { Electric 610.105-1051.9350-8301 S 30,000.00 Water 620-0810.0450-8301 $12,000.00 Waste Water 625.082.0451-8301 $ 12,000.00 Solid Waste 630-024-0800-8301 S 5.631.00 $59,631.00 BID INFORMATION This bid is for the replacement of the HVAC unit that services the first floor of the Service Center Building. We are replacing a no longer serviceable 30-ton unit with a far more efficient 40-ton unit. The base bid price from BCI Mechanical is $53,927.00. We are requesting the addition of an optional 2nd - S's year compressor warranty for $754.00 and the factory mounted econom;zer with modulating power exhaust for $4,950.00. Total bid award is $59,631.00. We are recommending award to the lowest bidder, BCI Mechanical, in the amount of $59,631.00, f Respectfully submitted: Name: Tom Shaw, C. P.M., 349-7100 • Title: Purchasing Agent { t, i r Attachment #I: Tabulation Sheet ; ia) AcEtion ~ • 2 a 25 ❑ 32X r 1` r , ;l ass „ a i i , i f < J ' ,i 1 r w + A: r i 11' ATTACHMENTS 1 TABULATION SHEET '1 i ( B1D A 4700 B10 NAM! SERVICE CENTErI FIRST FLOOR HVAC BCI CBS COX REPLACEMENT MECH. MECH. MECHANICAL SERVICE :ATE 14M 41 ~e S QTY IDESCIOPTION 7L; A DOR TOTAL 810 AWARD 53947.00 $63 .00 $75962.00 r' r , v ( 1 BONOSICASHIER& CHECK BOND BOND BOND I E7fTENlO WARRANTY $4,950.00 FACTORY MouNTEo ECONOMIZER TOTAL AFTER ADDERS $52,631.00 $03,400.00 $75,212,00 e ~ I J,? i h ,il i I l I ti 1 -44 i ' 'I I L ~ . ° it l ,I r 3 t, 25 • s~san. ' n I ORDINANCE NO. _ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR REPLACEMENT OF THE HVAC AT THE SERVICE CENTER FIRST FLOOR; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID # 2200 -SERVICE CENTER FIRST FLOOR HVAC REPLACEMENT AWARDED TO BCI MECHANICAL IN THE AMOUNT OF $59,631.00). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law ! and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein describe i bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, arc hereby accepted and approved as being the lowest responsible bids: BID NUMBE$ CONTRACTOR AMOK 2200 BCI MECHANICAL $59,631.00 SECTION 11. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written • contract and famishing of performance and payment bonds, and insurance certificate after notification of the award of the bid, SECTION 111. That the City Manager is hereby authorized to execute all necessary written convacts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. i i 4 imp Zft- IM 7 10 32xIQ 4 a. j n~a y , : y 'MAM SECTION IV. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,1998 JACK MILLER, MAYOR A'T'TEST: JENNIFER WALTERS, CITY SECRdTARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, Cl rY ATTORNEY I BY:_ 2200.CONTRACT ORDNANCE , ~r "MIS I 5 r. % „r ~,`rx ti t 2~i < 32x Q 0 A jeiida No Agenda Item Date_ ~ AGENDA INFORNIATION SHEET AGENDA DATE: June 2, 1998 Questions concerning this acquisition may be directed DEPARTMENT: Finance - Purchasing to Alex Pettit 349-8595 ACM: Kathy DuBose, 349.8228 SUBJECT AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF AN IBM R/S 6000 DESKSIDE SERVER FROM THE STATE OF TEXAS GENERAL SERVICES COMMISSION CONTRACT AND INTERLOCAL COOPERATIVE PURCHASING AGREEMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (PURCHASE ORDER 085186 - IBM CORPORATION IN THE AMOUNT OF S141,971.00). 'j BACKGROUND The City of Denton is in the process of fully implementing the long-range technological plan. New software that has been acquired and additional software currently under evaluation has made the existing computing power inadequate. This new system will supply computing power to run the new Harris CIS Utility Billing System, the existing GIS and the new Municipal Court System, a new Accounting System if required, and allow for future expansion over the next 3-5 years. The suggested data storage capacity of approximately SIGB is more than adequate for the existing and proposed applications and will also be usable as a network data storage facility for large databases, image files, and on-line storage of CD-ROM data for the library genealogy database, etc. RS't IMATED SCHEDULE OF PROJECT The hardware and associated software has an estimated delivery scheduie of 3 weeks after receipt of order. Utilization will be basaally on an as needed basis as new software is added or existing software is expanded. PRI08 ACTIOh[REVIEW (Council. Boards. Commissions) 1 i I The committee evaluating the new CIS Customer Service Software, under the direction of the Information Services Division, has determined the additional computer power is i , required and that the configuration of the IBM R/S 6000 meets or e- seeds our needs. 4 1 ,th 25 10 32 X 10 ZOE` . r 1 Y y 9 AGENDA INFORMATION SHEET JUNE 2, 1998 PAGE 2 OF 2 I I FISCAL INFORMATION Funds for this acquisition will be taken from Long-Range Technology Plan, account # 460.044-COMP-9847-9107. BID INFORMATION The acquisition of this IBM R/S 6000 deskside server is from the State of Texas General Service Commission Interlocal Agreement. Purchues from this agreement meets all 1 state and local bidding requirements. We recommend purchase order # 85186 to IBM be approved in the amount of 5141,971.00, with delivery in approximately 3 weeks. Respectfully submitted: r Name: Tom Shaw, C.P.M., 349-7100 Title: Purchasing Agent Attachment 41: IBM Quote 4-24.98 Attachment 02: Purchase Order 85186 to IBM r 1036 Aamdo 1 ^ u « I' k ° J I , 1'YI M ~ A P' , t. Y. 1 ' f'r .l 1} FI v ! "1 } 10 r., , r s~Ai ~ + '1J r . , e s 1 J t r Via. • " , e PURCHASE ORDER NO: 85186 THIS IS A this mrnbef must appear on all CONFIRMING ORDER S' Invoices, delivery slips, uses. OF HARKED) etnl, bosee, pocking sups and bins. DO NOT DUPLICATE Hap No, Bid No. Data. 05 13 98 Par No. 01 CITY OF DENTON TEXAS "04A$W DIVISION 1 901-B TEXAS STRER I DENTON. TEXAS 762011-4364 9401349-7100 Dill 1.1ETR0 8171287-0042 FAX 9401349-7302 VENDOR IBM CORPORATION NANIEI HLTH/B/MFO/1N5 DEUYERY CENTRAL RECEIVING 811 ADDRESS 1605 LBJ FREEWAY ADDRESS INFORMATION SERVICES DALLAS TX 15234 901 B TEXAS ST DENTON, TX 76201 DEAN BELVIS VENDOR NO. 11149000 DELIVERY QUOTED 07 01 98 FOB D'JSTINATIOK BUYER TO TERMS LINE ~R;" V. nVillm r - NW _ i 001 135917.25 65 VENDOR CAT. / N / A NFU MAKE 1.000 1350917.25 CITY 1 9100 1025-FSO RS/6000 DESKSIDd SERVER 8KP 002 6053.75 $1 VENDOR CAT. 1 N / A NPG NAME 1.000 60053.75 CITY 1 9100 SOFTWARE dip .y 1 • I W i 'I t P09 TOTAL s 141,971.00 { 0R KD TOTAL 1 1410971.00 01 460 044 CONP 9847 9107 141,911.00 Ywom INS1ALKf 0l .I 3, forms No 10 Lr.n •Kr.,,. ywr.q r 1. sen/ Mplnl el,olts rim IV.h:41 lepy I SMMwh InspucI.MC I ON OelIe1111e11 AI10014 IM..I .N. 401 7 lldl b 1ulv11s ~ayOlp S No lvd&d M %laia 10ks Ms sh.9 be 1KIu14:1 115 I M4Famr Ic M NKes e411e1 ril.r.oj fRrm'en J, DICUA 1L F 3~~ f~,aP,rrO+ 32 X ~ ~ .w. e i APR 24, 1918 11 14 CITY OF DEMTON 7025456(4•VAT) WITH 9 GE OF ARAORT, 18.4.1 01 DISK DRIPRS, 1 FAST BTRP'IUT, 1-6206, 1-INTRRNAL 20/46GS OHM TAPE 01199, All FM UNLIMITED USERS, AND C FOR All. TTICRLINB 1 1003540 UK UNIT MDL/FC DESCRIPTION (m PDECNASE NAINT. TNR FOLIAYINO ADDITIONAL FLATUR1111 ARK PART OF THE Fs0 BASK SYSTEM. THERE All 00 F2ATCRS CODES FOR TRESS FEATURES, 60 T'RET DO ROT APPEAR IN M CONFIGURATION REPQRT. f IX CD-ROM 33 INCH 1.44 all 0R1Vl SCSI 6-PACK 1 KIT(IF MDT SELECTED OUT) UNPOPULATED HRMORT CAIR -MOLDS S D1114 PAIRI IERTIC6 PROCESSOR 2 IMIRGRATAV SCSI-2 F/1 ADAPTERS ENTRORATRO ITHIRNIT ADAPT13i WORMY 7025-150 RS16000 DESKSIDE SERVER SAP 1 19900.00? 249.00 2447 141[1 PcI 6cs1 66 AoAPTRR-6 • 3 225.00? M/O 2493 SCSI-2 FAST/IIDR PC[ RAID AD 2 4790.00? N/O 2913 9.100 ULTRA-002 1/E 0.01m IS 54000.40P MID 2966 IBM 101100/NIP9 KTHIRNET PC] 1 273.00? 0/0 3006 4.535 SCSI F/Y l(R 25MM N DD S 1 KC MC 4093 HVIORF MANSION FEAT 16 FOS 1 1138.0OP M/0 e 4106 256HO(2%121MF) DENNS 200FIN I 1 3200.00? N/0 4110 25681(211280) DE1MS INVER 10 11 11400.00P RIO 4157 P04CRPC 6048 )322-WAY ?ROC UL I SOOO.OOP $5.00 17~1~ 4339 POPERPC 6044 ss92•NAF PROC 1 12000.01P 120.00 Vi 5005 All OPERATING 6FSTBY, FREIN97AL I RC NC ~P 6156 20/4001 16-11? SSA IN'T TAPE E 6250.10? 1/0 6206 181 PC] IIM-SNO VLT U MI AD I 59310OP NO i 6519 SCSI 6P NOT SLAP BACK PLANE/PM 2 750.0OP M/0 9300 LANGUAGE DROOP SPECIFY US IN I Be NC 9100 PUR CORD SPRO US/CAI 115V,13A I Nc Nc 9996 INTERNAL RAID ADAPT N 1 NC Nf, 161113.00+ 424.00# VPA DISCOUNT - 2s FCT -45305.75 ~NIACNrNK ?OTAL*" 155911.2so 414.00• 32 x L 1 e 0 1 APR 24, 1991 17114 CITY OF DENTON 7115450(4-NAY) WITH 1 01 OF MIMORY, 14-4.1 01 DIRX DRIVES, 1 EAST XMIRRT, 1.4206, 1•IWIXINAL 20/4901 ANN TAPE DR1Vl, AIX FOR UNLINITEO URERA, AND C FOR AIX. TMLIMI 0 1005540 MR DMR TIME INFTTAL homy PLC ANNUALIALC PROOIAM TEAT DEECRiPT10N QTT CAAROR mmool coma CIIANG2 CAAROX 5165-C34 Ali YEJSION 4 (HPACICA0I1) 1 9001 ASSET RKOIITRATION 1 4061 1070 AIX 4.3 1-2 USERS 1 4065 DESIDNATRD $11 IS,FS,OS 1-70 76 7410.00 SODS PIIIWSTALL 6W 1 7410.00r ..t ..s VLA DISCOUNT • 15 PCT -1652.5p 6"P100RAN TCTAL*** 355).Sb ✓ ••A ..R ..6 ..R 3801-All P20GRAN PACRAOL 1 116) C FOR AIX V4.3-FARO COACH DOC 1 $95.00 S~S.00r .-R .-R •-R VLA DISCOUNT - 2S PCT -141175 "OPIOORAN TOTALS ~41'Z~t Y •.R ..t ..R ..R 5601-All SYSTEM PROGRAK ORDER 1 9001 A1391 1EOIITIATIO4 I $914 P/LARO VGLIIH 1 2914 SOFT DOC 9NOLIRB S )ilv co-Roll 1 0159 PREINST AI14.3 Ill"AR IJOPT 1 0657 5163•C34 AIX V4.3 l 0176 5765.034 All V4.3 UPDATE CD S 0660 3165-054 A114.3 10"s PR N/EXP 1 OS96 WIWGNR CENTER I 1004 BASIC KIM RPO CD ROM I - A0 5005 PREINSTAL& l SO.OOR . * ••t ..R VLA Of1000WT • 15 PCT ***nOOAAM TCTALA&A 50.00• ••r ..A ..t .R ti 1a - ---.mss i 2 -5 M. I l~ 32 x I:~ ,,i ii. w xis 0 p Y 1 4 AP6 14, 1991 MA CITI OP BMW 7021.1500-VAT) VITN 1 01 OP wool# 11.1,1 of DISK HIV1180 1 PANT IT IRMT, 1.6206. 1-IMTUPAL 10/40Q1 SM TAPE DMP6, AIX 101 MINIM UIIIt6, ~q "D O FOR AIY. tuuin / 1001!41 Hu UNIT MOL/M DUMIPT1oM IITT POIIXIAII 9IAINT. NAIDNAII TOTAL/ 11S917.256 IWALA............................................................. HARDWA19 PURCMASS T07AL 115911.19• i MWnT MAIRMANCI CRAMS TOTAL 414,006 m Software Total. $6,053.75 I• i . I / Ir~ '~C~•{. •'x.41 1 r _ [ .V 32 x a e II a 44"A ORDINANCE NO. AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF AN IBM WS 6000 DESKSIDE SERVER FROM THE STATE OF TEXAS GENERAL SERVICES CONLN41SSION CONTRACT AND INTERLOCAL COOPERATIVE PURCHASING AGREEMENT; PROVIDING FOR TIME EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (PURCHASE ORDER #85186 - IBM CORPORATION IN THE AMOUNT OF $141,971.00). WHEREAS, pursuant to Resolution 92.019, the State Purchasing General Services Co,:unission has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law on behalf of the City of Denton; and I WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies or services can be purchased by the City through the General Services Commission programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered purchase order for materials, equipment, supplies, or services, shown in the "Purchase Orders" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: PURCHASE ' ORDE$ YE1~4$ AMOUNT 85186 IBM CORPORATION $141,971.00 SEC.TIQN I1, That by the acceptance and approval of the above numbered items set forth h in the attached purchase order,, the City accepts the offer of the persons submitting the bids to the General Services Cornmiss'.on for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the tenns, conditions, specifications, standards, quantities i O • L and for the specified sums contained in the bid documents and related documents filed with the 1ty~ General Services Commission, and the purchase orders issued by the City. 7 I 1 k A Q 3 XID i ' iYRf7ca1 r n ' r $ECUD.MM. That should the City and persons submitting approved and accepted isms set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the General Services Commission, the City Manager or his designated representative is hereby authorized to execute the written contract which shall ba attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the General Services Commission, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. 1 SECTION IV. That by the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved purchase orders or pursuant to a written contract made pursuant thereto as authorized herein. i SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 1998. JACK MILLER, MAYOR K ATTEST: JENNIFER WALTERS, CITY SECRETARY j BY: APPROVED AS TO LEGAL FORM: 1 HERBERT L. PROUTY, CITY ATTORNEY BY: W A6 PO STATE. ORDINANCE ' , , ` • I 1 e ,r h j k M r Aejo~trt 5 x 10 32x I❑ 2. . s ' u 1 aanda N4 Q~( Auenda it Date. AGENDA INFORMATION SHEET AGENDA DATE: lure 2, 1998 Questions concerning this acquisition may be directed DEPARTMENT: Finance - Purchasing to Alex Pettit 349.8595 ACNI: Kathy DuBose, 349.8228 SUBJECT AN ORDINANCE AWARDING A CONTRACT FOR THE 3 YEAR LEASE PURCHASE OF A XEROX 4850 COLOR LASER PRINTER, A NPS BI-MOD KIT FOR A XEROX 4050 PRINTER AND A MAINTENANCE AGREEMENT FOR EACH ITEM, FROM THE STATE OF TEXAS GENERAL SERVICES COMMISSION CONTRACT AND INTERLOCAL COOPERATIVE PURCHASING AGREEMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (PURCHASE ORDER q 85191 - XEROX CORPORATION IN THE AMOUNT OF $107,455.20 PER YEAR, 3 YEAR COST $322,365.60). BACKGROUND ` The 4850 Highlight color laser printing system offers highlight color printing, shades of one color, plus black. This printing solution can bring current mainframe and network, as well as future RS/6000 computer applications, to life with the addition of color for the same basic price as black. Our intent is to print reports, statements, utility and tax bills and all other critical forms the City prints and processes daily. A reduction in cost over pre-printed utility bills will equal approximately $10,770.00 annually. The approval of this acquisition is for a 36-month lease purchase with annual funding out clauses should dollars not be appropriated. The annual payment amount is 5107,455.20 and broken down as follows: S53,857.08 Xerox 4850 Color Laser Printer • S 19,884.00 Maintenance Agreement S 28,314.12 Upgrade kit for existing Xerox 4050 Printer S 5.400.00 Maintenance Agreement 5107,45510 Per Year Total 36-month price 5322,365.60. i f 10 32X - 1. e 1'f •l 1 1 , , ESTIMATED SCHEDULE OF PROJECT The requested equipment is scheduled for delivery within 30 days. L-stailation, setup and testing to be completed within one week. PRIOR ACTIONIREVIEW !Council. Boards. Cflmmissional Members of the Information Services and Utility Department have reviewed the need for this service for the potential usage. They have recommended approval FISCAL INFORMATION Funding for this increased printing capabilities is available from Long Range Technological Plan implementation, account N 468.044-COMP-9847-9103, The above pricing includes a $40,000.00 trade in allowance of an existing 4050 printer and $6,000.00 on two inoperative line printers. PURCHASE ORDER INFORMATION Purchase Order 85191 is for the first annual payment of a lease/purchase for a Xerox 4850 Laser Printer, an upgrade to a Xerox Laser Printer 4050 Laser printer and maintenance agreements for both items. These units are being purchased from Xerox Corporation, an authorized State of Texas Qualified Information Systems Vendor (QISV), with pricing based upon General Services Commission catalogue. Purchases I from this source are exempt from the bid process. E We recommend this purchase order be approved in the amount of $107,455.00 for the first of three annual payments. f i Respectfully submitted: Name; Tom Shaw, C.P.M., 349.7100 Title: Purchasing Agent • Attachment 41: Purchase Order N 85191 Attachment N2: Xerox Price Proposal for 4850 Printers e 21 Attachment N3: Xerox Price Proposal for Upgrade of 4050 Printer I04A. AGENDA 2 Y • O • • ' ramwm I • I I I 1 r 1 I PINICHASE OHDER NO: 11'1141 Tills Is 111.1 Bln141411 0111151 *'POP bn Oil CONFIRMING DRDEA onwocof. dulivaiy sips, u:Os, . OF MARKED! clns, 11OUS, paOkig sups rid bills, CIO NOT DUPLICATE Req No', Sod No: Dow 05 19 98 Pap No. 01 PURCHASING DIVISONII 1 9001 0 DEN SON{ I ~X~SEXAS 76201-4354 TEXAS 9401349-7100 O/FVV METRO 8171207-0042 FAX 9401349-7302 VENDOR XEPOX CORP NAME1 220 i LAS COLINAS BLVD DELIVERY CENTRAL RECEIVING S11 ADDRESS ADDRESS INFORMATION SERVICES IRVING TX 75039 901 B TEXAS ST DENTON, TX 76201 LYNETTE POINDEXTER ' VENDOR NO. XERS6003 DELIVERY DUOTED 06 02 98 FOB DE^41MATION SUPER TS TERMS 001 12.00 EA VENDOR CAT. 1 N / A NFG NAME 4,488.090 53,851.08 CITY / 9100 LEASE PURCHASE ON XEROX 4850 COLOR LASER PRINTER 11ST PAYMENT OF 3 YEAR LEASE) 002 12.00 EA VENDOR CAT. 1 N / A MFG NAME 1,657.000 19,864.00 CITY 1 9100 MAINTENANCE ON XEROX 4850 COLOR LASER PRINTER 12 X 5 COVERAGE) 003 12.00 EA VENDOR CAT. 1 N / A MFG MAKE 2,359.510 28,314.12 A j CITY 1 9100 LEASE PURCHASE ON XEROX MPS 91-MODE KIT FOR REMAINING REMAINING XEROX 4050 LASER PRINTER (ADD ON TO LEASE FOR 30 MONTHS) P OK T.TAL a 102,055.20 IINDON INSWK110NS: 3 ieoms • Nei 10 I, Send v11a Mvoice "Ill gWlcsle npr. 4. S1NfYUCtlonl: 1`01. Deslnetlen Frgsid 110411 .okr.,y..mwl 1 9,11 le Accowls F/fsbls S, N* yeM dsrsl of Ito# ufo$ Ys 6w k Inclosed _ ?IS F Mililor Ss M Fries billing ve ruq v s Denton, 1K 1621 4111 . 2 10 - ' 32X1, 0 . neawutal 14 5 o . 1 t' PLIRCIIASE ORDER NO: H~l'll THIS IS A Ito% .nard.ur rixrsl Miper to, all CONFIRMING ORDER Ll nrvoices, dedve+t elopecases. (IF MARKED) tins, boxes, parAnp sups and bills DO NOT DUPLICATE A A Req No, Sod Na Dow 05 19 98 Pepe Na 02 1 CITY PURCHASAIG DIVIS04 11 901 0 TEXXAS SONf TDEENTTONN. TEXAS 70201-4364 9401349-1100 DIFW METRO 0171207-0042 FAX 9401349-7302 VENDOR XEROX CORP NAME/ 220 E LAS COLINAS BLVD DELIVERY CENTRAL RECEIVING 811 ADDRESS AGGRESS INFORMATION SERVICES IRVING TX 15039 901 B TEXAS ST DENTON, TX 76201 LYNETTE POINDEXTER WON" 1il, XERS6003 DELIVERY OLPOTED 06 02 98 FOB DESTINATION B(IYFR TS TERMS 004 12.00 EA VENDOR CAT. 4 N / A MFG MAKE 450.000 50400.00 CITY 1 9100 MAINTENANCE ON XPS 8I-NODE MIT M1 b A 1 j 4 P GE TOTAL 1 5,400.00 OR MD TOTAL s 107,455.20 . + 01 468 044 COMP 9847 9103 3071455.20 ! VIKM INSfAUtfIONS k forme • !Me 30 111,44.1 .e..,......wo.01 1. Send Myind Involee will 4411tth tool. 4. SNipors InlVucllenc 1.01. Oetlinelion of*em.u *".so N«A.,l 1 Pill U Accounts Fglle f. Ne Ieder/ M sidle Wag tax sNeN be k=4 PIS E McKommet St M picot Ijtle4 c q rriori'i-' s . Oenlaq 14 1QG1.1191 -4 kli": ~ 10 32 X xM ♦ i ,*WSW r i Y f Y+•a, , i 4850 Highlight Color Printing System Configuration Review & Pricing ~ (System Option 03) i 1 I z • .,A, % , { ~ ` I • C . tier I I ✓ 4850 Printer System ✓ 40 Hours Of System Integration ✓ RS/6000, Network and Mainframe Configuration ✓ (3) Highlight Color Kits: Blue & Red & Green . ✓ (2X 5) Monday-Friday (8am -12am) Service ✓ Reduced Impression charge of .0033 3"0. 4"o. 6c) &I0r 15o. Pmt. .S 4,488.09 S 3,683.39 $ 3,211.73 M Mo. Maint. $ 1.657.00 S L65 M S 1.657. Mor Totals S 6,14S.09 $ 5,340.39 $ 4,868.73 Per Year $ 73,741.08 $ 64,084.68 $ 58,424.76 I ✓ If this proposal is accepted, Xerox will upgrade the service coverage on the existing 4050 to 2X5, to match this 4850 co tfiguration, In addition, a 15°5 discount to be applied on the city's existing 4050 printer monthly maintenance and Impression charge. This discount has been Incorporated into the above 4850 pricing `'J ✓ The above pricing includes a $40,000 trade in allowance oo the existing 4050 printer, and S 6,000 t on i1) IBM & (1) Genicom line printers. 5. , r! L 25 10 32x~0 O r atrc+e• I i -Y T IIii 11) NIPS 8I-Mod System Upgrade for Current LPS 4050 I R516000 and Network Syd@M Configuration: I • QlSk' Stale Of Texas Contract 0 0708906-04: Pioduct Code 405081M2N • 111 Sun Ultra 2 • 200 Mhz Processor • 256 MB Of Standard RAM • 4.2 GB Hard Disk • 3.5" Floppy Drive • rD ROM Drive • : BaseT Ethernet Connection • 20" Color Monitor • Keyboard d Mouse 1V/ Pad • Supported Data Streams: PostScript 1d2 . ASCII, Sun Solaris, PCL5e, Applelalk • Cunenl 1.5 NPS System Operaling Sohware • Cunenl XGF 1.3 Variable Data Intelligent PostScript Prinlware Sohware • 51 Standard PostScript Fonts Included • All SystemS and Sohwartis) Documentation & Licenses e Print Drivers d Cabling Kit Services Included: • Dili Cenler Delivery, • Dili Center Installation. • Data Center NPS System Set-Up d Virtual Printer Configuration. e Optional 11) New City Of Denton Curion, Electronic Water Bill Form NIPS Sel-Up. • Optional (1) New City Of Denton DiLnqueol Electronic Water Bill Fonnt NPS Set-Up. • OCR d PoslNet Barcode Fonts Load and Set-Up. • On-Site NPS d LPS Bi-Mode Operator Training. • Off-Site Class Room NPS Systems Training 11) Operator. OrLsileService'WaaantV, and Up&We#: i • On-Going II XS) Standard Service d Replacement Included • On-Going Analyst and Specialist Support Included • On-Going NPS Free Hotline Support 24hrs. Included • Operating and XGF Sohware Upgrades as then are released. { Atonth l~_le ase_& Se rdce P11dng: 10-to. ladd. to Current 16Mo. 48hlo, 60.M i r 40SOLPS Lease) 0 • Pmt. S 2,359.51 $ 2,009.67 S 1,609.06 S 1,402.90 Taint. $ 95DM S 45= S 410M S 15D100 Totals S 2,609.S1 S 2,459,67 S 2,059,06 S 1,852.90 Fear S 33,714,12 $29,516.04 S 24,708.72 $22,234.80 1M 25. 0 i i ORDINANCE NO. , AN ORDINANCE AWARDING A CONTRACT FOR TH1' 3 YI!AR LEASE PURCHASE OF A XEROX 4850 COLOR LASER PRINTER, A NPS BI-MOD KIT FOR A XEROX 4050 PRINTER AND A MAINTENANCE AGREEMENT FOR EACH ITEM, FROM THE STATE OF TEXAS GENERAL SERVICES COMMISSION CONTRACT AND INTERLOCAL COOPERATIVE PURCHASING AGREEMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (PURCHASE ORDER # 85191 - XEROX CORPORATION IN THE AMOUNT OF 5107,455.20 PER YEAR; 3 YEAR COST $322,365.60), WHEREAS, pursuant to Resolution 92.019, the Stale Purchasing General Services Commission 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 on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies or services can be purchased by the City through the General Services Commission programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered purchase order for materials, equipment, supplies, or services, shown in the "Purchase Orden" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: PURCHASE ORDE)3 VENDQ AMOUNT 85191 XEROX CORPORATION $107,455.20 SECTION 11, That by the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons submitting the bids to the General Services Commission for such items and agrees to purchase the materials, equipment, • supplies or cervices in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the General Services Commission, and the purchase orders issued by the City. 7 A 25 x I a az 10 Y { r i ~ y,`~rPl ~ `~fir. . ' 1 1 NON" r♦ .r..., ' ..rr .x+r'. ra'Y •N.I.t.4.TM M.'wP.v.nr'r. a...r ~ . SECTION. That should the city and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the General Services Commission, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the General Services Commission, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved purchase orders or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V, That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of. 1998. JACK MMLLP, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY i I BY: } ` APPROVED AS TO LEGAL FORM- I • HERBERT L. PROUTY, CITY ATTORNEY I ' BY: IS [91 PO STATE ORDNANCE /r 1 r a • ' ' 4 41 r^ rl r 2 5 Agenda Na Agandt Ite//rn~ AGENDA INFORMATION SHEET AGENDA DATE: June 2, 1998 Questions concerning this acquisition may be directed DEPARTMENT: Finance - Purchasing to Sharon Mays 349-8487 ACM: Kathy DuBoso, 349-8228V SUBJECT AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF ELECTRIC DISTRIBUTION TRANSFORMERS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID N 2203 - ANNUAL PRICE AGREEMENT FOR DISTRIBUTION TRANSFORMERS, SEE EXHIBIT A FOR LIST OF AWARDS, ESTIMATED ANNUAL EXPENDITURE $150,000.00). BACKGROUND Tabulation Sheet ESTIMATED SCHE ;"?LE OF PROJECT This is an annual contract and will remain in effect for one year from date of award. Delivery of individual items varies from 56 to 147 days after receipt of an order. Transformers will be ordered as needed. PRIOR ACTIONIREVIEW (Councl1. Boards. Commissional r The Electric Distribution Engineering Staff and a member of the Purchasing Stiff have reviewed past years history and projections for next year to determine the list of transformers on this contract. FISCAL INFORMATION Transformers will be ordered on an as needed basin. Some will be ordered for working ' capital stock and purchased from Warehouse Invento finds and some will be ordered I. for specific jobs and billed to that particular work order. 32}dry{ MN r C t M i AGENDA INFORMATION SHEET ` JUNE 2, 1999 PAGE 2 OF 2 BID INFORMATION This bid is for an annual contact to supply the most popular electric distribution transformers currently utilized for maintenance and new construction in the City system. Each recommended award is based t,pon an evaluation formula utilizing loaded losses and no load losses (a direct reflection of the efficiency of each manufacturer's transformer versus purchase price). By utilizing loss factors, purchase price and life expectancy, we are able to calculate the best-evaluated price for recommendation for award. We arc recommending award to the lowest evaluated bidder for each item, Respectfully submitted: C~ ~Qa r Name: Tom Shaw, C.P.M., 349-7100 Title: Purchasing Agent Attachment Nl: Tabulation Sheet Attachment N2: Exhibit A I 1040M MA ( 1 i y ' 1 1 1, i M1 1 ~1 7]. ~ 1 , r JII h b 1.. ~ I I I 1 ` - f1 1 t , f 2 10 r.. 1° 32x10, c ATTACHMENT # 1 TABULATION SHEET F BID a 2203 BIDNAME ANNUAL PRICE AGREEMENT FOR TEMPLE WESCO CUMMINS TECHLINI PREFERRED PRIESTER PRIESTER DISTRIBUTION TRANSFORMERS SALES SUPPLY SUPPLY DATE 12.12 •9a a VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR I TRANX. OH IOKVA 1201240 1297.00 6417.00 6313.00 {430.00 S3B3.00 {74040 NO BID 2 IRAN X. ON 16 KVA 1201240 1374.00 $53300 $390.50 6466.00 1421,00 {274.00 Wa1D 7 Tit-AN- ON 28 KVA 120140 W.00 1470.00 1490.00 {951.00 {823,00 {537.00 NO BID 4 TRANX. OH 50 KVA 120140 {627.00 117590 $757,50 6783.00 {861.00 5661.00 NO BID 6 TRANX. OH 75 16412 170140 61.009.00 N 220,00 11001.00 61.070.00 1.00 $1,2240 0 NO BID 6 TRANX. UO 23 KVA 120140 1179.00 Si035.00 6166.60 1138.00 .Uhl 6126.00 NO BID 7 TRANX. UO 60KVA 1201240 $1234,00 {1 216.00 6117712! 11032.00 160.00 1041.00 NO BID 1 TRANX. UO 75 KVA 1291240 11,157.00 1 373 61,771,00 11 11100 $1206.00 1120.OD NO BIG 9 TR4LNX. UG 100 KVA 1201240 {1,451.00 61 560.00 $1594.60 11,447.00 1 .00 1434.00 NO BID 10 TRANX, UG 161 KVA 120140 12,811.00 62 54000 $A,035.25 1212D.00 1 27.00 61118.00 NO BID 11 TRANX. 3 PH UO 150 KVA 1201206 {4,759,00 64 203.00 NO BID 64020.00 90 11,00 64170.00 NO BID 12 TRANX. 3PH UO 700 KVA 1201206 $8,513.00 $3 450.00 NO BID 63112.00 0,284.0 0 {9431.00 NO BID 13 TRANX, 3PH VO 500 KVA 120101 11324.00 670.00 NO BID 90138.00 664.00 $7,30k 90 NO SID 14 TRANX. 3PHUOISOKVA217460 15205.00 64150,00 NO110 µ043.00 040.00 1141300 NO 810 1! TRANX. 3PH UO 300 KVA 2711460 66414.00 N Do NO BID $5.347,001 5157.00 15557.00 NO 610 If TRANX. 3PH UO 500 KVA 2711160 66194.00 $6.335.00 NO BID $0,741.00 54.00 $7343.00 NO BID 17 TRANX. 3PH U0 750 KVA 2711180 $10,608-00 $8,376.00 NO BID 11072.00 90,494,00 {0 643,00 NO BID 11 TRANX UO P16TKVA 2401460 NO 810 NO SIO 62014.25 12,099.00 61 12.00 11 143.00 NO BID 15 TRAhX. 3PHU01DOOKVA2PIASO 617292.00 10150.00 NO BID 610 29.00 11000100 111164.00 19122,00 1 20 TRANX, 3P4 UO 2500 KVA 2771480 125 105.00 111800.00 NO BID 111,611.00 1108100 120 280.00 $33,00000 21 TRANX 3PH G1:0A 1201310 19374,00 NO 110 NO 010 09,101.001 674.00 11,034.001 NO BID NOTE: Hlphllgltad prlcs Is purcha• price k r the lowest wsluoled cost camWe Vll apanuon aver a Q 2a year edod 4d Ome based upon a a H1e formula, 1 3 r."ys 25 to 32x lQ I , o i i ORDINANCE NO. I AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF ELECTRIC DISTRIBUTION TRANSFORMERS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. k. ID 4 2203 - ANNUAL PRICE AGREEMENT FOR DISTRIBUTION TRANSFORMERS, SE2 EXHIBIT A FOR LIST OF AWARDS, ESTIMATED ANNUAL EXPENDITURE S150,000.00). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein desc'bed bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted f herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Hid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBE AOL VENDOR AM4LM 2203 1,8,21 PRIESTER SUPPLY EXHIBIT A 2203 1,3,4,12 TEMPLE EXHIBITA 2203 5.7,9.11,14 PREFERRED SALES EXHIBIT A 1 ' 16,18,20 2203 13,15,17,19 WLSCO EXHIBITA 1 I i SECTION 11. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and r agrees to purchase the materials, equipment, supplies or services in accordance with the terms, f specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid • • Proposals, and related documents. 4 25 10 32XIO r 1l 4 r r , ..a r.. ear. _ n..«««rn. rn..Y xr... ~ 1 SECTION III, That should the City and persons submitting approved and accepted items ~ and of the submitted bids wish to enter into a forrrral written agreement as a result of the acceptance, i approta], and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby author zes the expenditure of finds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein, { SECTION V. That this ordinance shall become effective immediately upor its passage and approval. a; PASSED AND APPROVED this day of 199g. ,rl JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY r , , BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY i ' 2203-SUPPLY, ORDINANCE. t c 1 J 5 I } I o , aroF~. • c onto" ATTACHMENT # 2 EXHIBIT A BID 0 2203 ANNUAL PRICE AGREEMENT FOR OISTRIBUTION TRANSFORMERS 124NOy-96 REM 0 DESCRIPTION VENDOR PRICE 1 TRANX OH 10KVA 120140 PRIESTER SUPPLY 340.00 2 TRANX. OH IS KVA 1201240 TEMPLE 334,00 3 TRANX OH 25KVA 1201240 TEMPLE 447.00 4 TRANX. OH 50 KVA 1201240 TEMPLE 1827.00 5 TRANXOH 75KVA 1201240 PREFERRED SALES 941.00 8 TRANX. UO 25 KVA 1201240 PREFERRED SALES 779,00 7 TRAN% UO 50KVA 1201240 PREFERRED SALES 980.00 8 TRANX. UG 75 KVA 1201240 PRIESTER SUPPLY 1 125.00 9 TRANX UG I OOKVA 1201240 PREFERRED SALES $1.260.00 10 TRANX. UO 181 KVA 1201240 PREFERRED SALES S1 927.00 11 TRANX 3 PH UG 150 KVA 1201208 PREFERRED SALES $3,911, 00 12 TRANX. 3PH VG 300 KVA 1201208 TEMPLE $0,583.00 13 TRANX 3PH UG 500KVA 1201208 WESCO $6.8?0,00 14 TRANX, 3PH UG 150 KVA 2711480 PREFERRED SALES 4 010.00 15 TRANx 3 PH UG 300 KVA 2711480 WESCO 875.00 18 RANX.. 3 PH UO 500 KVA 271148 PREFERRED SALES $6,39400 17 TRAN% 3 PH UG 750 KVA 2771480 WESCO $8.375.00 IB TRANX., UO P187 KVA 2401480 PREFERRED SALES $1,892 DO 19 RANX 3 PH UO 1000 KVA 277/49 WESCO $10,150.00 20 RANX, 3 PH UG 2500 KVA 277149 PREFERRED SALES 19.052.00 Q 21 TRAN% 3PH DELTA 1201240 PRIESTER SUPPLY $5,53400 e 1;. x10 32x1❑ i. ~ o t 'v,r:u . „ ma .n~1Sb. mb'WM1k Mp< ,.r re 5+.e, P.. Apendr N0,_ ;0I / Agenda Item Date AGENDA INFORMATION SHEET AGENDA DATE: June 2j 1998 DEPARTMENT: Finance CM/DCM/ACM; Kathy Dullose SUBJECT- Resolution authorizing the County of Denton, as Trustee, to sell certain real property; consenting to the sale of certain real property to the highest bidder as provided by law; authorizing the Mayor of the City of Denton, Texas to execute a deed without warranty and any other documents necessary or appropriate to convey certain real property sold by the County of Denton, as Trustee, pursuant to Section 34.05 of the Texas Property Tax Code; and providing for an effective date. r BACKGROUND The City's delinquent tax attorney filed a motion in district court to collect delinquent taxes on property known as Lot 23, Block I, Willow•eteek Addition. Judgment was granted and the property was offered for sale by the sheriff on January 6, 1998. The property did not receive a sufficient bid and was struck off to the County of Denton as trustee. The next step in the process is to sell the property to the highest bidder, even if the bid is less than the amount due. This will enable the property to be placed back on the property tax toll. According to the Property Tax Code (Section 34.05), the City may sell property for less than the market value specified in the judgement or the total amount of the judgment against the property with consent of each taxing unit entitled to proceeds. PRIOR ACTION/REVIEW (Council, Boards, Commissions) N/A • FOAL INFORMATION 1 The sale will enable the property to be placed back on the property tax roll and eandng revenue. Re pcctfully submitt • • Diana 0. Ortiz Director of Fiscal Operat;nns t t. k m r r~.r 5 10 t,. q '32X l~ t coma" RESOLUTION NO. A RESOLUTION AUTHORIZING THE COUNTY OF DENTON, AS TRUSTEE, TO SELL CERTAIN REAL PROPERTY; CONSENTING TO THE SALE OF CERTAIN REAL PROPERTY TO THE HIGHEST BIDDER AS PROVIDED BY LAW; AUTHORIZING THE MAYOR OF THE CITY OF DENTON, TEXAS TO EXECUTE A DEED WITHOUT WARRANTY AND ANY OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CONVEY CERTAIN REAL PROPERTY SOLD BY THE COUNTY OF DENTON, AS TRUSTEE, PURSUANT TO SECTION 34.05 OF THE IEXAS PROPERTY TAX CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHFREAS, Cause No. 90-0228-158, was filed by the County of Denton, the City of Denton, the Denton Independent School District and the Denton County Education District, in the 1581h Judicial District Court in and for Denton County, Texas, in order to collect delinquent taxes owing upon the following described real property, to wit: BEING Lot 23, Block 1, WILLOWCREEK Addition, an Addition to the City of Denton, Denton County, Texas; also being that same property more particularly described in Volume 1108, Page 670 of the Deed Records, Denton County, Texas; SAVE AND EXCEPT that certain tract of real property described in Volume 1263, Page 388, of the Deed Records, Denton County, Texas; and WHEREAS, the 158'h Judicial District Court in and for Denton Canty, Texas, granted Judgment in favor of the taxing jurisdictions of Denton County on May 2, 1996 as follows: County of Denton S 443.20 City of Denton $ 1,206,58 Denton Independent School District S 2,024.08 And Denton County Education District Title Research Fees S 100.00 Total Due S 3,773.86 WH EREAS, at the time of said Judgment, it was determined that the market value of the t i • ahorr-described real property was 52,100.00; and WHEREAS, the above-described real property was offered for sale on January 6, 1998, by the Sheriff of Denton County, Texas, at a public auction pursuant to Judgment of the 158'h Judicial District Court in and for Denton County, Texas, for foreclosure of the tax liens securing payment of the delinquent property taxes, as well as accrued penalty and interest owing thereon; and • • ivy WHEREAS, at said sale, the Sheriff of Denton County, Texas did not receive a sufficient bid respecting the above-described real property, as set by law, and the above-described real property was therefore struck off to the County of Denton, Texas, Trustee, in trust and for itself, 32 X a" , r O the City of Denton, the Denton Independent School District, and the Denton County Education District, pursuant to Section 34A1(c) of the Texas Property Tax Code; and WHEREAS, all taxing units involved as judgment creditors in the foregoing Judgment desire to resell the above-described real property in an expeditious manner, pursuant to Section 34.05 of the Texas Property Tax Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 11 That the City Council of the City of Denton, Texas authorizes the County of Denton as Trustee, for the benefit of itself, and the other taxing jurisdictions in Denton County 't. including the City of Denton, Texas, to sell the above-described real property; and hereby consents to the sale of the above-described real rroperty to the highest bidder, even if the highest bid tendered to the County of Denton as Trustee, is less than the market value of the above- described real property as set forth in the above-described Judgment of foreclosure or the total t amount of the Judgment against the above-described real property. SECTION Ill That the Mayor of the City of Denton, Texas is hereby authorized to execute a deed without warranty and any other documents necessary to convey the above- described real property sold by the County of Denton, as Trustee, pursuant to Section 34.05 of the Texas Property Tax Code. SECTION 111: That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the - day of , 1998. JACK MILLER, MAYOR ATTEST; 1" ° JENNIFER WALTERS, CITY SECRETARY ~ i BY:_ I APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY S '1M IkxurtenG'Rnol ulimtl9lK'oLaSde 124r Mc rxmdd dnc W%ML i ,ewvw ' i AGENDA INFORIIIATION SHEET n coda N a 4penda Item__ Oale..~ _ AGENDA DATE: June 2, 1998 I DEPARTMENT: Planning Department CAI/DCM/ACM: Rick Svehla, 349-77151 S SUFIJECT-Z-98-018: (PD157) Ilold a public hearing and consider an amendment to the approved detailed plan for Planned Development 157 (PD 157) zoning district. The property is legally described as Lot 2, Block 1, of the Carroll Point Addition and Lot 1, Block 1, of the Cozy Oaks Addition. It consists of 1.059 acres and is located on the north comer of the Collins Street, Carroll Boulevard and fort Worth Drive intersection (see Attachment 7) The amendment proposes to change permitted land uses from a car wash to a combination of convenience store (with on-premise sale of beer and wine), gasoline station and a car wash, I BACKGROUND This property is located within a Moderate Activity Center as defined by the 1988 Denton Development Plan, 11 has remained undeveloped since being designated a Planned Development zoning district in 1996 with an approved detailed plan for a car wash. Property owner responses to the proposed development were mixed. Of the fen (10) property owners notified, two (2) responded one (1) in favor and one (1) opposed (Attachment 3). At the public hearing before the Planning and Zoning Commission meeting on May 13, 1998, Barbara Russell, an adjacent property owner, expressed her concern about how this development might impact her office property to the north. Particularly, she was worried that the close proximity of the proposed car wash to her parking lot would result in an unsightly stacking of cars near the office building and about the water spraying onto cars parked in the parking lot, Mr. Roberts, the applicant, indicated that he was willing to provide additional landscaping to remedy the situation, With (hat known, the Planning and Zoning Commission recommended approval of the detailed plan with the following Iwo (2) conditions: I. That a minimum four (4) fool tall fence be located along the north property line, beginning roughly twenty-five (25) feet east of Carroll Boulevard and extending easterly along the norrh property line and connecting with the required fence line; and 2. '1 lie developer meet with Mr, and Mrs. Russell to agree on adequate landscaping bctwcen said properties. On Wednesday, May 20, 1998,(he applicant and the adjacent property owners met to agree to terms satisfactory to both parties, An agreement was reached that will require the developer to construct a four (4) fool fail fence, consisting of brick posts with cedar panels, starting at the • existing Elm free located near the properly line, and extending cast and connecting with the required fence (See Attachment 4). Additionally, Azaleas will be planted four (4) feet on center along the length of this fence separating the offices from the subject properly. These Azaleas will be of the type that can grow to approximately four (4) feel in height and will be of varying colors. 7..5KI~ 32 xIQ ' IQnr rl, x~ r A a~OS! J , M 0 { t J 1 t f I I ! l 1^; Several road improvements are proposed for intersection of Carroll Boulevard, Fort Worth ` Drive, and Collins Street. Currently, Fort Worth Drive is undergoing a lane widening project that will provide a six (6) lane divided roadway between 1.35 East and Collins Street. This will create a continuos six (6) lane divided roadway from 1-35 East to Univemity Orive along the Fort a rule' Worth Drive and Carroll Boulevard roadway. Improvements to Collins Street will begin in Fall of 1998 and will be completed in Spring (March, April, or May) of 1999. As Attachment 5 illustrates, this road improvement will provide additional lanes on the west side of the subject intersection. Additionally, at some point in the future, the City of Denton will install "Push- % button" pedestrian crossings along three sides of the intersection. According to the Engineering Department, the overall impact of these road improvements should ease vehicular and pedestrian traffic at this busy intersection. PRIOR ACTION/REVIEW (Council. Boards. Commissions) % The Planning and Zoning Commission recommended approval (3.1) of this zoning request on May 13, 1998 as recommended by staff with the following conditions: 1. That a minimum four (4) foot tall fence be located along the north property line, beginning roughly twenty-five (25) feet east of Carroll Boulevard and extending t easterly along the north properly line and connecting with the required fence line; and 2. The developer meet with Mr. and Mrs. Russell to agree on adequate landscaping between said properties. FISCAL INFORMATION None, ATTACHhIENTS L Planning and Zoning Commission Report, May 13,1998, Z-98.018. 2. Planning and Zoning Commission minutes from May 13, 1996, 3. Property Owner Responses (2). % 4. Revised Detailed Plan as per agreement between develop and Mr. and Mrs. Russell. 5r Traffic Improvement Map. 6. Draft Ordinance. - I 7. Photographs. 1 ' Respectfully a itt { ; D ill Z 'Director of Planning and Development Prepared by: Wayne Re j PlannerI /~ll1(1(( \107 h•If",rl rliY 2. ~r J ft 32 e o 6 r 6a I i ATTACHMENT 1 F PLANTING AND ZONING COMMISSION REPORT STAFF REPORT Subject: PD 157 Detailed Plan Case Number: Z•98-018 Slat : Wayne Reed, Planner I V&: May 13, 1998 GENERAL INFORMATION Applicant: Michael Roberts 5221 Saunders Road - ' T.IZ I FortWorth,Texas 76119 SITE I.. Owner: Dennis Koop P.O. Box 1477 -r McKinney, Texas 75070 ` j k N Action: Recommend to City Council an - 4,7 amendment to the approved 1 detailed plan for Planned F; Development 157 (PD 157) zoning district, The amendment proposes 4'r to change permitted land uses from a car wash to a combination of convenience store (with off-premise safe of sale of beer and wine), Figure 1. The Planned Development Is strategically gasoline station and a car wash. located at the intersection of Collins Street, Carroll Boulevard and Fort Worth Drive. PURPOSE AND APPLICABILITY: There are three types of plans that may be used in the planned development process. The purpose i and use of each plan is as follows: A General Concept Plan is intended to be used as the first step in the planned development process for larger or long term developments. It establishes the most general guidelines for the district by Identifying the land use types, approximate thoroughfare locations and project boundaries and illustrates the integration of these • elements Into a master plan for the whole district. A Development Plan is intended to be used most often as the second step of the planned development process. It contains all the Information of a general concept plan, but Includes more detailed Information as to the specific land uses and their boundaries. ; A Detailed Plan Is the final step of the planned development process. It contains the 1 0 details of the development for the propArly. For enla1W tracts of Where, the devilOprft M plans are otherwise known Ipea to rezoning, the detailed plan M' ay bd uded lo'testabfth fJ 0 try the district and be the only tequlred step In the planned devaloplllent ptooellb: The proposed development of PD 157 is proceeding with a detailed plan, because it is a smaller tract where the development plans are already well defined, l Pape 1 uft3 3. I I I yYU I 322 EJ nlhY~lift SUMMARY: The Code of Ordinances states that the commission is delegated the authority to approve a detailed plan or the amendment of a detailed plan for a property, when a development plan has been approved by city council for the property within the past ten (10) years. Because the proposed development has decided to skip the development plan step, the authority of the commission is advisory to the city council. The Code of Ordinances says that the commission in this capacity shall approve the detailed plan 9 k finds that: (1) The plan complies with the general concept plan or development plan approved for that property; (2) The plan provides for a compatible arrangement of buildings and land uses and would not adversely affect adjoining neighborhoods or properties outside of the plan; (3) The plan provides for the adequate and safe clrculation of vehicular traffic; and (4) The plan is in substantial compliance with the landscape, sign, subdivision and other regulations of the city, or, if not, R offers corresponding benefits that merit deviation from those regulations. An outline Is provided later In this staff report on how the detailed plan for the proposed convenlencelgas station store and car wash meets the requirements of detailed plans. First, the following sections provide the commission with the necessary information to evaluate the consistency of the proposed development with both the 1988 Denton Development Plan and the 1998 Denton Plan Policies. LOCATION AND SIZE The 1.059 acre property is located on the north corner of the Collins Street, Carroll Boulevard and Fort Worth Drive Intersection (see Enclosure 1). $URROUNDINO ZONING AND LAND USE: LOCATION ZONING LAND USE North: PD 105 (office) Office on the west half and single-family on the east half 1 South: Commercial (C) Right-of-way for Fort Worth Drive and further south Is commercial development East: Commercial (C) Right-of-way for Fort Worth Drive and across ; that small retail buslnesses West: Single-Family 7 (SF-7) Right-of-way for Carroll Boulevard and then one single-family residence and a cemetery y { r PUBLIC IMPROVEMENTS; 0 This development will be required to provide sidewalks along the entire perimeter of the property as shown on the detailed plan (Enclosure 3). Public easemeni, have been obtained to service tha site. The subject property w93 previously platted as two different subdivisions. Before any development can occur, a final plat for the entire 1.059 acre site must be recorded with Denton County. 1 ore r ~Z Y'0 H',,FWvl aLk Page 1 of 6 4, 4 a.~~~] 32XIa'. c i BACKGROUND February 8, 1996 - The property was zoned Planned Development 157 (PD 157) and a detailed plan was approved for a car wash. January 14, 1969 -The subject property was placed In the Single Family 7 (SF 7) zoning district and land use classification by Ordinance 69-01 which adopted the first zoning ordinance and map for the City of Denton, NOTICE Notice of the zoning request was published in the Denton Record-Chronlcle on May 3, 1998. Ten (10) property owners were notified of the request. As of this writing, only one (1) response In opposition has been received and none In favor. No neighborhood meeting was held, DENTON PLAN POLICIES ANALYSIS: The proposed development Is consistent with the following six (6) of the thirteen (13) policies of the Denton Plan; 2. Stormwater Drainage System . Minimizes erosion by using development safeguards established by the Landscape Code. 3. Water and Wastewater System . Develops and maintains property and private Infrastructure, . Promotes in-fill development. 7. Environmental Quality • Demonstrates a reasonable effort to conserve natural habitat on-site. 8, Neighborhoods . Provides sidewalks to serve pedestrian and blcycte traffic. 9. Economic Diversification . Expands the City's tax base. 12. Urban Design • Preserves end provides trees and landscaping In excess of Code, DENTON DEVELOPMENT PLAN 1198 ANALYSIS: The proposed development relates to seven (7) of the fifteen (15) goals In the 1988 Denton Development Plan: • 2. Promote and encourage balanced growth so that development takes place equitably © • in all planning areas of the city, 4. Promote the development of a stable and diversified soonomlc base to generate increasing job opportunities and a broader tax base, P SC U'B !'I S~. i'~1-q¢A dvc fAQf!'Z CI~a 5. t, - 32 x • 9sn.ew. c I I 7. Encourage a spatial pattern of land use development which reduces the cost of public services and Infrastructure. 8. Promote In-fill development within the Loop 288 corridor to secure maximum utilization of existing services and Infrastructure. 10. Improve the design, Image and character of the city by preserving existing vegetation and natural topography and enoouraging adequate landscaping In new developments. 13. Promote the development of a land use pattern conducive to the successful Implementation of a mass transit system. 14. Promote distribution of land uses resulting In less traffic congestion, The Denton Development Plan Identifies this property as part of a Moderate Activity Center. Moderate Activity Centers emphasize a diversity of land use developments. They are Intended to place jobs and housing in close proximity to one another. The subject location Is located within Intensity Area #119, which is at 75% of allocated trip Intensity. A summary of the 1988 Denton Development Plan policies applicable to this project: Denton Development Plan Policy Analysis Summary Moderate Activity Center Development Rating vs. Polley tly POLICY COMMENTS In`astentt Incon sisstent Consistent Intent. These are:+ ate Intended to PD 157 Is a "ll one acre M rig district encourage a dlversRy of land use that is situated In the middle of town, a inpments that p4" Jobs and housing giving It dose proximity to both a me)w x I ii. i ~t prOwlmRy to one another, activity center (downtown) and surrounding neighborhoods. InteMlty Standsrd, Moderate AdAy The proposed developrtent is of Centers shall have a standard vehlde trip commercial/retell in nature Trip Intensity of 350 trips per day per gross generation rates for this land use is 650 acre (VWac}, VWac: However, its i"tlon at an "proved "net Intersection provides x ,a adequate transportabon infrastructure to accommodate tle trip generation: Moreover, fi should not increase vii ie trips in this area but draw horn the exlsbng trafi'k patterns, Dfveri lty. Und use 6ver:ry is defined This property Is too small b provlde land as uses other than the dr minaA land uses use diversity Wthdn IU boundaries. It x in the area such as corr+reMal, retail, does, however, add to the land use light Indust lal, and office. diversity of the Moderate Ii Center, i Hlgfi-Density housing, Mulo' family i housing is encouraged in these areas, N/A IndArg manufactured housing 0 low Density nergMwrhood Housing A detailed site plan is reoulred: It Protection. Srtgte-famlly reslderon provides For a six (6) foot tad fence to strould be protected by strict site design Duller the conxrerdal Ill from x can", Including setbadu bulrenng, and existing residential land use to the North, landsredng. wt> h is Mned for offices I ~ ~,in o r 9 v < ra ,n rrh~ d ,r, K Pap,, 3 of 6 6. 75 nQ 32 x,00 aawama O ran wacra -re... i ..'n. C;:P...'•,:3r:. ~ cki as".tii h•.:rxi...;nvv: d^s .p,a^r,..,. _ i v:,. a Denton Development Plan Policy Ana"Is Summary Moderate Activity Center FF Development Rating vs. Policy POLICY COMMEWS snna"st~ i eat ear Strip Commwdd. The plan ergourages The proposed dp+e+oprnent exceeds centers of trAness adtvlty wh4e current WndsUping requlren enti by dscouraging"mnmerdal pzldng 22.6tree/acre. TMs L-M of x develop rvt. landxeping exceeds that of Mp conaneroal, DETAILED PLAN REQUIREMENTS: 1. Acreage. The acreage in the plan as shown by a survey, certified by a registered surveyor. Provided. The development Is situated on 1.059 acres. 2. Land Uses. Permitted uses, specified In detail as determined by the department, and the acreage for each use. Provided. Permitted land uses will be convenience store (with off-premise sale of beer and wine), gas station and car wash, 3, Off-site Information, Adjacent or surrounding land uses, zoning, streets, drainage facilities and other existing or proposed off-site Improvements, as specified by the department, sufficient to demonstrate the relationship and compatibility of the district to the surrounding properties, uses, and facilities. Provided. 4. Traffic and Transportation. The location and size of all streets, alleys, parking lots and parking spaces, loading areas or other areas to be used for vehicular traffic; the proposed access and connection to existing or proposed streets adjacent to the district; and the traffic generated by the proposed uses, Provided. The detailed plan provides nineteen (19) parking spaces, Including one (1) handicapped space. This exceeds current requirements set by Section 35.301, vehicle parking regulations, of the Code of Ordinances which require a minimum of six (6) parking spaces for a gas stall^n, 1 5. Buildings. The location, maximum helght, and min6mum setbacks for all buildings, and 4 nonresidential, the maximum total floor area. 3 Provided. • 6. Residential Development, The number, location, and dimensions of the lots, the minimum 0 • setbacks, the number of dwelling units, and number of units per acre (density). Provided. Not applicable. IJae, IRi ;r.,nn hne,c Pago4of6 t . y`10 32xID S y t 7. Water and Drainage. The location of all creeks, ponds, lakes, Aoodplains or other water retention or major drainage facilities and improvements. Provided. 8. Utilities. The location and route of all major sewer, water, or electrical lines and facilities necessary to serve the district. Provided. 9, Trees and Landscaping. The location of all protected trees and a landscape plan as required t the city's landscape ordinance. Provided. The proposed development exceeds the new landscape requirements for trees per acre and moats the criteria for pervious surface. Currently, there are sixteen (16) trees on the site, of which one-half will be saved. Ths developer will plant an additional sixteen (16) new trees, bringing the total on-site after construction to twenty-four (24). This calculates to 22.66 trees per acre and is well above the fifteen trees per acre required by ordinance. Pervious surface will constitute just more than twenty percent of the site area after construction. 10. Open Space. The approximate location and size of greenbelt, open, common, or recreational areas, the proposed use of such areas, and whether they are to be used for public or private use. Provided. Not applicable. 11. Screening. The location, type, and size of all fences, berms, or screening features proposed between different land uses or adjacent properties. Provided, :;creening is required to the north to buffer the commercial activity from an existing single-family residence that is zoned for office development within Planned development 105 (PD 105). This screening will measure six (6) feet In height and consist of masonry columns and wood fencing. 12. Signs, Location, type, and size of all signs regulated by the city's sign ordinance. Provided. The development is allowed two ground signs due to Rs corner location. The detailed plan illustrates one (1) ground sign on Carroll Boulevard and one (1) sign on Fort Worth Drive. The development also proposes three (3) wall signs; one on the gas pump canopy, another on the south side of the convenience store facing the Intersection, and the last one on the west fagade of the car wash, facing Carroll Boulevard. The proposed location and size of each sign complirs with existing sign regulatlons, 13. Sidewalks and Bike Paths. Sidewalks or other Improved ways for pedestrian or bicycle use, Provided. The development will construct a four (4) foot sidewalk along its perimeter adjacent to Carroll Boulevard and Fort Worth Drive. O Page 5of6 8. ~5 10 32x10 271Yf10 - .I ' r ` + 1 ~ I 1 f F ECOMMENDATION aff recommends approval of Z-98-018. OTION I move to recommend approval Z-980-018. ` 1 ALTERNATIVES 1. Recommend approval as submitted. 2. Recommend approval wKh conditions. 3. Recommend denial. 4. Postpone Consideration. 5, Table Kem. ENCLOSURES 1. Location Map. 2. Zoning Map. 3. Oetalled Plan -1998. 4. Crj:ailed Plan -1998. rTM 1. I + ' ! ! 1 298014 }''t Sl.~fl HnpoRthot FBpB f1 0f 6 l 9. I r r 0 r acts" rl tiM f'~ rf[,yqRI+d4MaY'y:~+49'+NM1R4FiAlM9M4\+A:~ NMw,ii ENCLOSURE 1 NORTH Z•98.018 PD 157 f, E i U~~I CU LI ~ ~J w1so Zvi LOCATION MAP r ! i J4W r. Date: May 13, 1998 Scale: None k r O ENCLOSURE 2 NORTH Z-98-019 PD-157 erg I~ was II y li n d ~ flir~3~ mF-l r__r_rrr r.. -r ' :'-"mss rr ~1ry'(iLM no u 4 t,s1. I iR X11 I r ! ~QI~ 1 ~,I I [ b ' ti ~-,°;i$ SF•7 I as F 1i I "i- Tw- (,PEA 10 I e t / hh ,1 I a' 'SITE > i moI L . h I J ` ~1r ! 1 I 1 r 1(c) I 8 - r rr FL a I AIL ZONING MAP Deto; May 13. 1998 So* Nate 11. 25 NL 32X 9 .ate I n ~ yaarrn I i 1 , orol. . \ .I/ r -tom' _ . 333 F ',1 Hwy •IiT1i~ S' S ad* Data' i M A XI1ie. ' r}-` TOW Lan AA 10x,1 Aaa O Mllcad Traub Oarrbn l P'uA 1 1rwS4o l • • 72 Trw ,\t I rrL'r~. , Rl P"b t 0611th x a- u Trlpa % V- A ~y~ ~i~i { GoM load MM 3328'F aF <t m I i r r••• Area Rmided LISW BP a y r-.r..rraw Lar>lu0a ..4JI y / / ~g~'/~; 7rsa Aemkrrrla W& M TrM O edit! • M blat RMmMd Ting .,.20 TraM 1 1 t 4 Traa Rapold Id vanrta BaaaYy ....1 / !-1T RoWld Tmaw to go pa,oad a Of d • 1, , yr ei' / k r p NOan1r W 1M al lbaW r: . I , G pti uwrmb r W= r. nw r , ~ ~ ~ BVyrq L'doFnrlOn ~ , 'cm WASH FAWTY W A QS A IT MOO ' r re J . . la D' ~ErgN~ bt b d Chi~dl faad aWA ' • f / M 1Co IWMA 6nlr~ to ha ocild 1'.4, yy• I Mabl b a fiutad Faod Made t'z,~p,; I ~ MYMA CURVY PC I w a w IMO opal o rm ft6vua FLOOR AM RATA • 141 rwL1M i l5 K 10, 32x~~ O 1 I L 1 LM.lKtk r t~ ' . ~ ~ IeMateen~ (~~ty~}~ Sag«»....rwYn« Loam MVNAJ " `1 1 i ~ onacr ORr76:7 II1 V~` ~ ; r nt , 'rr r►" .O.'J.3 ~wrl y X~~i Iw.ll; / Mr. W S`'~ ik 60E1YNJ{lu~ y 1 \ 0`~ • ' ".~*~t. era rl t a+ / I 1 r i 'xvs t~-v r- - jkqccymm i McFelf ck" _ l l }r~ i ' R.NM.J.IYIIM rl'Y.1t rr..W M W M. •~II ~ : Ill.alai_rru.... rl ..±.y rj"I.R+. ~ T. I 'wrgC~y y ~w • w.nl 1• Ir 1 g4J'a'Tk.T.KFRA. wit ~nl ' I~ 1R"!: ~WrF M rI1 J IL 11 r1x""'r! I r "1 Y ~~iIY i . } f l y L'. w w' r ~r l:Y.~•~ L'~+~~~w~'in.r l ' i < ".i w.~...L ~..1..++_rt RW~1n II•n11vY.R 1, { rl ~ ,'I r.iA eGw r~"1f l' Mw^ t i~t~t K tll>mdrnr n. 4r't.t lltV[h'%Mr, ~ i 1 ~ 1~L;~ ~ 4'S:1 ~ ,sn L: .7,'_~.~t~laL~l7' St~71r+4~+i1 1a~i W."S~i aY r tr.r w • Col ~ ' it r ~ ~ ~.LYIIIa'Oer 1.1' Y"1 r ® "r' 71 tl I L LI » .i' ru~~':i'~~ti'r'ayr pw W ..+..t w 1$tQ!'4'ftWY`kV61' Mt r r rl wll.~lxtl.. wlwlew. ~ ~rr14lL I'l~"'+`I IYdn w~1Y ~I'~i..I rW~iw".R"•`nn }EIIgIMRf 1 ~ ~ yr V•'r 25 x❑ 32x 4 rsaaasts fD I ' l Planning and Zoning Commission Minutes ATTACHMENT 2 May 1], 1999 Page 2 of 60 hairperson Schertz~ Next on our agenda is the Consent Agenda. This evening there are four items Dissent II Ag are there any comments or questions? Would anyone out in the audience li a any responses? Seeing non d entertain a motion at this inn 0. please. _ Ids Apple 111 move to approve ml Agend ' Mr.Engelbrecht Second Cha rper ei Thank you Commissioner Apple Commissioner hl made the second, Any son? All in favor, please vote The Consent Agenda passes unanimously (e - 0) SUC HEARINGS 5. Hold a public hearing and consider making a recommendatlon to the City Council concerning an amendment to the approved detailed plan for Planned Development 151 ;PD 1571 zoning district. The property Is legally described at Lot 2, Block 1, of the Carroll Point Addition and Lot 1, 1111 1, of the Cozy Oaks Addlbon. It consists of 1055 acres and Is touted on the north corner of the Collins Street, Carroll Boulevard, and Fort Worth Drive Intersection. The amendment proposes to change permitted land use from a car wash to a combination of convenience store (with 0f.premise sale of beef and wine), gooollne station, and a car wash. i Chairperson Schertz Ilem 6-hold a public hearing and consider rrak,ng a recommen5ation to the City Council concerning an amendment to the approved detailed plan for Planed Development 157 zoning district. The property is legally described as Lot 2, Block 1, of the Carroll Point Addition and Lot 1, Block 1, of the ;ozy Oaks Addition It consists of 1058 acres and Is located on the north corner of the Collins Street, Carroll Boulovard, and Fort Worth brave intersection. The amendment proposes to change permitled land uses from a car wash to a combination of convenience store (with off-premise sale of beer and wine), gasoline station, and a car wash, And before we begin with that public hearing, I would like to read the rules and procedures of the public hearing With procedures read, f would like 10 open the public hearing and Mr. Reed will be presenting item 6. please Mc Wayne Reed presented the staff report Mr Reed Thank you, Madam Chair, and good evening to all of you. We hi before us tonight as has been mentioned, an amendment fo the approved Detailed Plan for pP157. PO-157 Is located on the north corner of Carroll Boulevard, Fort Wonh Drive, and Cotl no Street as the location map illustrates The history of this particular property as far as zoning goes is that in February 1996 the property was approved for a PO district with a detailed plan for a car wash Prior to that, the properly was toned SF•7, I will touch on the approved detailed plan is it elands The Illustration on the document camera shows how a car with with two bays was approved on the site with a large area for landscaping For this particular de,Ved plan, the Ifees that were provided counted 28 In comparison, the proposed detailed plan proposes to provide 24 trees, which exceeds per acre the mew landscape code, wh ch Is 15 trees per acre This particular landscape plan provides 22 66 trees per sere, if we were to break that down The changes to the detailed plan illustrate that there are no longer bays for the car wash but instead a convenience store, which the opening is facing the interior of the lot The outside and the southern fssade of the r budding will face the inlerseclion of Carrell Boulevard and Fort Worth Drive with a Sign located on the southmost facade. A car wash will be located to the nonhwnl corner of the property with cars entering it from the north aide A sign will also be loceled on the west side of the car wash facing Carroll Boulevard In the center will be a gas pump stallion with sir pumps, and also on this there will be signs on the canopy All the signs that I Just discussed-as well as I may mention, a monument sign located her. el Ina entry on Carroll Boulevard, and also over on the entry off of Myrtle and Fort Worth Drive the) s is another monument sign-conform with the existing sign ordinance, which we have The proposed plan for this, Property will provide for public Improvements concerning sidewalks lo welt as easements The existing properties to roe north, and at this lime I will show photogfspne, this photograph clearly snows the extent of the property with Carroll Boulevard illustrated to the left end Fod Worth Drive going to the right. The entire property here in the photograph is the 1 059 acres To the west of the property eclose Carroll Boulevard is a Single-family residence. To the north of this property, not shown, is the cemelery. To the east of this properly, O . there is commercial development. This one photograph shows one of many different tole over there on the lost side To the north of P0.1 51 is al lher PD district, referred to is PO-1105 Thal PO has been approved for Office Development The east hall of this has not been approved, and currently Thera era single-family residential dwellings This one Iflustrales the dues( residence to the property, looking at the photograph, Immediately Id the right would be the north boundary of the subject property. On the west side of PD-105 Is an Off" Development i I i 11. „ x i ;2x1® awaraa . • O • r Planning and Zoning Commission Minutss May 13. 1998 Page 3 of 60 which has, of course, been developed, and this property right here would be adjacent to the portion of PD-1s. r•here a car wash Is proposed. In staffs public notice, we mailed out ten notifications, of which we had one returned in opposition and that was from the property owner of a residence on Myrtle Drive. This particular detailed plan is consistent with the current 1988 Denton Development Plan as well as supported by some of the policies of the 1998 " plan. At this time I will enlartain._, Mr Donaldson. Do you have the letter in opposition with you that you could circular i Mr Reed Yes, I do t would be happy to pass it around. The respondent simply circled opposed. Would anyone like to see than I will wrap up my presentation by simply talking about where this particular proposed detailed plan is somewhat inconsistent with the 1986 Denton Development Plan. It does have a slightly higher intensity because of the convenience slorergas station tends to have higher traffic volume than a car wash, However, staffs report indicates that Ihis particular convenience storelgas station will more or toss pull from the traffic pattern already on , Carroll Boulevard and Fort Worth Drive rather than increase the traffic on those foods. II Is a small lot. which cannot provide diversity within a moderate activity center, which Is where some of the inconsistencies are. At this time, I will allow the Commission to ask any questions. Chairperson Scherll, Commissioner Gourd!* Ms Gourdie. Thank you for allowing us to do that. That is sweet. What is a monument sign? Mr. Reed A monument sign is one that is grounded or attached to the ground by a pole, or it could be one that has its footprint on the ;rend, like a brick four- or six-foomall sign, which has a sign vilhin the brick, That Is a common monument sign, but it also does include pole signs which can go up to at least e0 feet In height in some areas of the city but not at this particular site Ms Gourdie Is it specified that H has to be on the ground? Mr Read in the detailed plan, we have a detail of that particular sign and the applicant can elaborate on that. Ms Gourd a And is the Applicant someone who is someone in Denton or is the corporation co Ing into the city? Mr. Reed They are coming In here to Denton. And they are developing other files. Ms Gourd+e Cam we know who this Is? Mr. Reed Our speaker tonight Is Michael Roberts and I think that he would be . . Ids Gourdie Okay I was Just wondering because the chr^nu is very extreme from a car wash to a full Service center gas station It was a drive-through car writ slalsd Ou ro a larger company. I'm lull curious-If meats six of the thirteen Denton plan policies, what tiro the other Seven that it doesn't meat? Mr Reed I do not hove the policies with me, to you have caught me on that Ms Gourdie No problem; I just And it strange I haven't seen this before and to me this is a negative because when I see that I's not sufficient 10•-1 mean d's not fifty•filly, it's less lien filly percent of the policies. So to me that says • something is not right here. That Is why I'm laying what are the other seven so that I have an Idea as to not make a negative Judgement of this moment ; Mr. Reed I don't think it rel'i negatively on the parlicular detailed plan. I think simply same of the policies don't pertain to this type of development or the scale of this development Mork. I think, could Say Something Mr Donaldson There $ran't really thirteen policies There its Ihlrteen headings of policies, And you'll recall those headings included all of the various Infrastructures. Represented harm are storm water drainage, wait rMaslewater, • there's also electric, solid waste, attests. Iransporlation, urban design is harm, economic diveraifiation IS here r~ ty • Ms Gourdie That's what I was wondering It didn't make sense to me when A same from. That helps me there. ,lr. Donaldson - Six of the thirteen categories are 15. k~ r , 7 r 32X 6 10 a ~r 3 4 Planning and Zoning Commission Minutes May 10 1998 Pill go 4 of 60 Ms GourdieOkay, Okay well, that's helprul. I'm also curious about this section underneath Oat that says 'Denlon Oevelopment Plan 19,14 Analysis.' On page three end then they flip to page roar, it says 'P;omole In-fill development within the 1288 corridor to secure maximum utilization of existing servlces and Inrrestrurlure.' I'm sorry, but where is Loop 288 in this? Mr. Reed Well, essentially, of course, what that means is that any development within what is Loop 288 would be considered in-fill development Ms Gourdis Okay, so, we are talking about pretty much most of Denson which, at this moment in time, is surrounded by Loop 288 Me Reed As opposed to development which is occurring in the more southern portions or the city or anything to the north, east, or west on the outside of Ihf Loop. Ms Gourdde And do you know which-the lady who opposed this, she has two lots' 1000 and 1002 Myrtle Street, Do you know which lots or houses those are by chanco? I Mr, Reed Yes, Ido Ms Gourdie Thank you i Mr. Reed. They are in the first two tots to the north of the property. This lot bar* is 1002 and this one Is 1000. Is that clear? Nis Gourde. Yes. And so Thal is the property that Is slated for an office? Mr Reed Correct There is a detailed plan accrued for this PD district. PD•105 is right here and Phase I Is wharf the current office building is, which I showed ea liar, and then on the second p;ge if where what is now 1002 Myrtle. or 1000 Myrtle would be 926 Myrtle, So these off actually, in essence, what we call legal non-conforming uses. Ms Gourde Thank you Mr. Reed You're welcome Chairperson Schertz, Commissioner Apple Ms Apple I was concerned about the traffic flow. What is the difference In the trip Intensity for a car wash and - it just seems to me that the vehinular Iiafiic Would be a lot greater for a convenience storeIcier wash Stu , +.lo rather Ihan Lust roe a car wash, And that's kind of a bad traffic area as it Is now, and I wu concerned d anything had been looked into in that area? Mr. Reed The converlenca store has a higher traffic pattern than a car wssh, that's Inge The car wash, me proposed by the detailed plan, Is consistent with the intensity level for a moderate activity center I do not have trip Intensity rates for a car wash, not do I for the convenience stare, The convenience stor:, though, does fit Into the higher traffic pattern, which generates up to 650 trips per day per sere Ms Apple Okay, I would think It would be substantially higher then }ust the car wash. The other thing I wanlx,d to I'. touch on was something Elizabeth Said. I was a little perplexed when I read that the proposed development was t consistent with six of the thirteen policies', that could have just at easily, I guess, been nary Inconsistent with seven of the Thirteen policies. r Mr. Reed No. It cannot be read that way, and I should in my future rail make If clear that A does not apply or . Ms Apple Okay II was just a little misleading to me because I did the same thing she did, I thought, "Well, what about the others?' So. dust a Cpmmant en that, [hank you • Chairperson Schertz Comrrussloner Engflbro.hl, 0 f Mr. Engelbrecht. First, t )ust wanted to make sure that we had assessed that the Ingresslegrese Off of Myrtle, In fact. meets our minimum requirwr is for dislance from the comer from an Intersection, 1 `LVr A ff fie II k' XR ~ a 32 ~ r II POW&N i Planning and Zoning Commission Minutes May 13, 1998 Page 5 of 60 M "teed It does, As a matter of fact, the proposed detailed plan keeps the exact entrances to the ingress/egress areas that the apprcved preliminary plat for this property has already established. They did not propose any changes to the entrances to this property and that preliminary plat was approved showy after the detailed plan was y approved for this back in 1996. Mr. Engelbrecht. But this plat was approved of of a PID Mr, Reed Correct. Jerry just informed me that the curb cuts which you see here were the approved detailed plan for the car wash. These are identical for what you see on the proposed detailed plan, but he said that they were actually placed where they are for a convenience store. Now, in my research in this FD. a convenience store - as not a permitted use at any time, so I do not know how that was discussed. I was not here in 1996. but Jerry has informed me that is how this came about Mr. Engelbrecht'. Okay. My concern was that the one on of Myrtle-and I couldn't i- :d ON of this plan exactly what the distance was. Frankly, 1 can't remember what the minimum distance is from the corner, but I was wanting to know if, in fact, that had sufficient setback from the corner. Mr, Clark', Myrtle's just a local so it's adequate. And this one is adequate, also, Mc Engelbrecht, Okay Mc Clark: There was an attempt to work out srme joint access issues up here, but then that dire I happen back ' there These curb cuts originally before the car wash was put in here-this convenience etora-t think you guys went through and did some zoning on that. Then you down-zoned it, at least considered it, and now we are turning it back into a car wash because of the market and now he is coming back up What I'm talking about is we originally based these access points on the convenience store many years ego. Then when B was down-zoned and when the firai zoning was approved for the car wash, they were more than adequate. This is also the maximum you can get. it's more than fifty feet from the corner, and this was a good solution, which meets the needs on the site without having a joint access up here. Mr. Ergelbrecht. Well, since you're there, had that not been Myrtle, had it been Fort Worth Drive.. Mr. Clark'. It would have been significantly more blr Engelbrecht . we would have had to have more. Mr, aark'. F.. ht. Mr, Engelbrecht'. Ijust look at the intersection or that ingress/egress..,. I Mr Clark' Well, remember here's Fort Worth Drive here pops, sorry about That-right here Mr. Engelbrecht. Right. Yes. Mr. Clark', There's no access going on. This is just a side local street. Mr. Engelbrecht Exactly; but it's just fifty feet off of Fort Worth Drive. Mr. Clark, Yes You have to remember, though, that the real movement to worry about is the left turn in and the left tun out. The Ian turn out will cause no problems The left turn in does have some stacking. If you do have some - stacking the' occurs, you probably have three or four cars that will come In that way Mr. Engelbre:ht Is there a fell-turn lane off of Fort Worth Drive onto Myrtle there? I can't remember', I just know that somewhere along there that there is, - Mr. Clark. Well, you have the buttons In there where it could be created 8 y. u needed to 0 Mr Enp xibrechl Okay That corner just for two reasons-first off, I see that, becavse of that stacking for left turns I z in. Secondly, we now have the facility across the street to servlu day workers which would suggest to me a higher ' I _17. lop .4 i y 32X1 E) - c , Planning and Zoning Commission Minutes May 13, 1998 Page 6 of 60 It vel of pedestrian traffic somewhere, right in there, I would think, because there are folks over there. Do we have any sort of pedestrian crossing at Fort Worth and Carroll or anywhere? Mr. Clark. t don't think we have, we have a ped button here Mr. Engelbrecht. Okay, there is one thee, But is that designed for crossing across Carroll Boulevard or across .7 Mr. Clark. I don't think we have any across Carroll Mr Engelbrecht Okay; it's des;gned for folks crossing Fort Worth Drive--I guess H could be It's such a strange imersection. Mr. Clarks My personal observation to that is that pedestrian nrovement isn't that heavy Mr. Engelbrecht. My point being it hasn't been because there has been nowhere to go. But now we have a place for the day workers across the street to move to Unfortunately they are going to have to cross that wide expanse of Street. That's why I was asking if there was Mr. Clark: Okay. One of the things eventually we're going to have to do in the city of Denton is put more money into the pedestrian crossings at major intersections, which will negatively impact traffic capacity at these intersections, but thats going to happen whether or not you have a convenience store here or not. You'll have to put these pedestnan crossings In eventually. Mr. Engelbrecht Okay, thank you I appreciate it, I Chairperson Scheriz Are there any other questions for Mr Reed at this time? Thank you. At this time, I d like to ask the petitioner if he'd like to address the podium, please, and give us his name and address. Mr, Roberts Thank you My name is Michael Roberts. I am the engineer for B & M Construction Company at 5221 Saunders Road in Fort Worth, Texas I'm the engineer for Metro Marketing, Inc and that capacity is why I am here Metro Marketing, Inc is from Weatherford, Texas. I have a kind of computer-generated artist's representation. This development represents the state of the art in convenience stores as they Currently stand. As you may or may not know, convenience stores have grown considerably in the last couple of years, Typically, they used to be 1,000 square feet, and now they are typically more like 3,000 square feel. They are offering a lol more services than they d,d traditionally, and they have become neighborhood stores The disappearance of the small grocery afore and the 1 take-over of the big, huge, super markets-there has become a need, and out of that need has generated this change for the neighborhood store And it is the only place that you can just run in for a few things, and basicelfy that is what they have What we have tried to do with H is incorporate H into the neighborhood as much as possible, and by that I mean it is 1001/6 masonry-oll sides. If you look at what really would be the back, looking at it here, we have two glass block windows that are the opaque glass blocks They are translucent, but they ere not realty windows-you cannot see out of them. They are purely decorative and are designed to make it took better. The rest of the building is built out of what they at spirt-faced block, which looks like rock and ri two-colored, It would be dark gray at the bottom, light gray at the next band up even with the windows, and then dark gray above the windows, and then light gray there and then dark gray again at the lop. It will be a nice looking facility. The car wash is of the same construction The car wash that is designed for his particular facility is a pull-through type car wash. It is similar to the Iulbservke car washes that you have-like the Texaco down on Dallas Drive-bul H is only r half as long as that and it is self-service You either pay at the gas pump with your credit card, or you can pay in the store, or you can pay actually out there in the front of the car wash, end then you Can drive your car into and just put E it in neutral, and H Just pulls you through. It does an excellent job, end it is quick, and it is does not generate a lot of mess tike the one that was previously approved I do not know N any of you have been around any of those self- - serve where you wash your own car, but they take a lot maintenance to keep looking like anything. because everybody is out of their car, and they are throwing junk around and things, whereas in this use, you just pull through, it washes, the dirt goes down the drain into the mud separator It is a clean, upscale kind or facility, and it is . designed to look good. As a ten-year resident of Denton myself-I moved here al ten years ago--I know this town really needs a car wash, The Texaco down there backs people out Into the street whenever H is pretty 0 weather. I myself have waited in the street to get into H on many occasions We feel like Donlon is going to 11 appreciate this facility, and certainly we look forward to being able to build H in Denton and operate it in Denton. My '~pT questions') -18. zsatlcs I planning and Zoning Commission Minutes May 13. 1998 Page 7 1 Chairperson Schanz. Commissioner Gourdie. ' Ms Gourdie Yes; hi, Oo you know if this is going to be an Exxon? Is that correct? r Mr. Roberts We believe n is. It might possibly be a Shell because he has both, Ms Gourdie Alt right The trend also is that in the convenience area there is also a small restaurant. Is this going to be the case? Are we going to get a sub.Wendy's or a sub-McDonald's or a sub-Taw Ben in there? Mr Roberts; Nothing of that magnitude, but I'm sure they will have sandwiches: but they are not ptarnmg--no, just carry-out stuff, but, no; H wilt not be like a name-brand food service in this particular location. Ms Gourdie. Okay, It you. Chairperson Schenz. Any other questions of the petitioner? Commissioner Engelbrecht? Mr EngelbrechL. Do you have numbers, you must have some estimate of the daily traffic count Mr Roberts They are Iookmg at like 650 a day according to the engineers numbers I suspect that Is probably a pretty good number-probably 25% of that coming in the so-called morning rush from like 6.30 to 8 30; and probably another 25% in the evening rush, which could be maybe from 4.30 to 6&.30, and the rest of it scattered out through 1 the day-pretty much every day being the same with the exception of Sundays that are pretty slow, The other six days it Is a pretty uniform business as opposed to, like, a car wash standing atone, which we had here previously, which would concentrate As traffic on nice days alter rains and those kinds of things and heavy influxes of traffic and lines and things where at other limes they would not That is about as good as I can do on numbers. In the street up there we're looking at 26 thousand on Carroll, or on Fort Worth or whatever 'H is from (here heading toward Fort Worth I am never quite sure what the name of the street is right now but about 28 thousand there, about 22 thousand on Carroll north of there, north of the intersection, and about 5 thousand I think en Fort Worth Drive headed toward uptown-so, there is much less traffic on that Mr. Engelbrecht. Did engineering talk to you about buttoning a left-turn lane on Fort Worth Drive onto Myrtle at all? Was that any part of your discu! Sion at all? Mr. Roberts No, sir, rt was not Mr. EngelbrechL Thank you Chairperson Schri IS there anyonu else in the audience that would like 10 speak in favor; anyone to speak in - - r favor? Anyone to speak In opposition? Good evening Mr Russell My name is Benny Russell, and I am the owner of the property to the north of the proposed area, I have two things that I would like for you to be aware of. One is that when we put the office there in 1966, there was not much traffic on Carron Boulevard, and now in the mornings 8 will be backed up through three lanes past our driveway, so H is getting to be pretty heavy. I do not know about your concern on Myrna. The other thing is the r selling of wine and beer. The migrant workers that are presently across the street-they seem to have a-well, if they do not get a job that day, they go o or in the trees behind our office and they have parLes. And I am a bit concerned that it may become sort of a vacation villa for the migrant workers that Is my main concern about the beerand wine. Do you have any questions? Ms Apple. Mr. Russell, were you all right with just the car wash? Is tt predominately your concern for fhe sale and the increased traffic the convenience store would generate? Mr Russell I do not have a problem wilt) a convenience store if H looks nice. I do have a problem with just a car wash when you are looking at a bunch of lowets and things and floor met$ hanging from the sides of the building • The convenience store does not bother me, but t am giving concern about 50-70 people that are flight across the Q ' street-that if they do not get a job, they borrow money from their buddies, they ere going to go buy beer and wine, u and then we are stuck with a problem, We have called the police several limes to coma down there and look at H, 1 but they come down there and kind of honk their horns and they run out the other end $o, tre migrant workers are not so dumb, they are not going to, you know-end you cannot blame the ponce for making them carat rather than trying to catch them, but still H's kind a problem Y9: I 7 5 R~ 3 2 y t J r v , va.ease c t Planning and Zoning Commission Minutes May $3, 1998 Page 8 of 60 Ms. Apple. Thank you. Choirperson Schertz Commissioner Ergelbrechl. Mr Engelbrecht. That was one of my concern, was migrant workers crossing the street for whatever reason-just the foot traffic back and forth. So, you say they are back using that wooded area between t our property and Eagle Drive? Mr. Russell. Yes They have got two or three sofas; they have even lived down there for awhile. What they do is f that they come in vii en the weather's not loo bad, and they will make campfires in the trees, and they do not have any place to go to the restroom so you can imagine what they do there. We have talked to people about this, but they say, 'Well, there is really not much we can do if Ihey are just resting.' It has became more than just resting, t and what happens is if they become more accessibis to something they can get beer and wine from, then I do not know what is going to happen, Now, somewhere down the line that property will be sold, and it is all zoned for office; - but I still say that it is something that needs to be considered. I do not know if you have tried Fort Worth Drive In the morning, but there will be 50.70 of them standing there. Some of them are almost sober, you have to be careful, Mc Engelbrechl. Does the convenience store that is further down or Fort Worth Drive-does it sell beer? Mr. Russell. Yes-Keno's? Yet, that is where they go right now, but he Is pretty good about if they are already having a hard time getting in the door, he will not sell them anything. But what they do is they get their buddies- and some of them are pretty young-they will get their buddies to go buy q for them, and they will go to the trees and drink, and you can lell when they have had enough. The noise gets pretty loud, it sounds like a party. But anyway, that is the concern that we have had Mr. Engelbrecht. So, realty the concern we have here is one of Mr. Russell. Beer and wine. Mr Engelbrecht Well, that and the actual behavior that is going on-cn somebody's private property down there Mr Russell. Well, yes and I do not know if it Is going to ti these people can keep the problem from getting any worse That is my concern. I have talked to Keno about it, end he said. '111 do what t con, but if somebody comes in here and they are not intoxicated, I cannot tell Ihem,'no, I will not sell d." %It Engelbrechl. Right h Mr Russell But it is becoming s problem. If you go down there. you would be amazed at all the Irish and two or I three sofas and they had a bed down there for awhile, It was getting to be sort of homey. Mr. Engelbrecht. And possibly dangerous to those people themselves because of.... Mr. Russell. Well, yes; they kind of dare each other to do things on those streals--in that age group, Mr. Engelbrecht. Thank you. . Chairperson Schertz I have a quick question There is construction on Fort Worth Drive now Do you foresee when that is I1rally cleared up- s that alleviating some of the problem, Of do you think that with the growth of the city it's probably inevitable anyway? Mr. Russell Well, when they finish the construction, the traffic pattern should be smoother, truthfully. But the comment about they were having a walking lane down there by the red light--^iose guys are not going to go down there to the red light. They are going to dodge and go through the cars, I guarantee you, because they era already up there fifty or sixty feet They have already had a couple of times when the City CounUl asked the policeman to • drive through to make sure the cars that are picking them up will actually go around the drele because the cars were slopping on Fort Worth Drive, and the pick ups-the people were jumping In the trucks, end then there Is Sort of o fgh; as to who got the job and who did not. Its kind of like mayhem at dines down then; it depends on how much work there is Chairperson Schanz There is definitely an unusual situation, -.'2 0 . III k y' 32xo O 9Mnaia'U Planning and Zoning Commission Minutes May 13. 1999 Page 9 of 60 Mr. Russell Yes, and I do not know if this group can keep the Thing under control. They may do a very good job and I am not saying they cannot, but I think they need to be very much aware of it, You may not get that picture when you dove up there at 2.00 in the afternoon and take a photograph of it, because they are not going to be there after 5 00 p m. Chairperson Schertz: Any other quest' ors? Thank you. lust one moment, sir, and we will allow you a rebuttal, Is there anyone else to speak in opposition? Ms. Russells My name is Barbara Russell; I reside at 1324 Heather Lane in Denton, and my husband and I both have something to say about this. First of all, let me go on record as saying that I am not 'an aginner., If you were provided with the minutes of the May 13, 1990 planning and zoning meeting-oh, I'm sorry-wrong date, At any rate, when this come up before, I voted in favor of the car wash because 1 thought it was a good plan. I realize things are going to develop, and I hear enough of not-in-my-backyard-theory, and so I thought n presented a nice plan If you recall wfien Mr. Reed clipped the picture up there, what was going to be shown in the area right in front of our office building was going to be landscaping. It looked most attractive and I thought it would be really nice. The thought of seeing-and 1 regret I have not spoken with the petitioner, and I am sorry because I have some questions that I would have liked to ask him, but 1'II ask them out in front. One is I understand you're going to fence everything except right in front of our office building, end our parking tit comes to the front of the property there. If there is going to be a car wash, even if this is going to be like Lone Star Car Wash, it on the one on the mall side- they are very nice Car washes. But on a windy day you have got water blowing, and you know, all of this stuff from rl the car wash blowing The tenants in our building are going to be having this come; so without even a fence in front of us, we have got a problem. If I may use your graphics, perhaps this shows it best, First of all, let me give you a bNo orientation about it. Mrs. Sprayberry's house is the house right behind this property right here. There are no other houses here. They are all gone. The property my husband was talking about Is right here and that Is where they congregate It is just wild and a tit of brush; and the City says they cannot cause the owner to do anything but to just mow up in here. By the way, someone did come and move the bed and the two sofas that were there-Thal they were living wiih. and we do not, but some of our lenants have called the police on a regular basis, This is a regular happening Sul that is just what goes on in our neighborhood. I am concerned that we do not have any screening whatsoever along here, and the car wash wasn't as dense as all three of these things are going to be. I am sure they will be nice, I thought the pictures of the car wash looked very nice. But this is a lot more coverage than what we appruved when I was on Planning and Zoning. I guess that is Nat-and I might tell you that I feel very sad for the day laborers over here because what happens is that people stop out in that street, they stop here, and of course, these people want to work and so they come out to them. They built a very nice day labor drive,ihrough so they could go in and circle around, but it does not happen. The Theory was wonderful, but in practice d does not happen. Between 7 30 and 1000, then ere a substantial number of people out (here, and dthey have got to coma over here, well, it is just a real traffic problem over there Until we had a traffic light, which we were real gratefut to ' get, we would have accidents there et least once a week. The traffic light look dare of that, but I do have a real concern about having no screening whatsoever between the car wash and our office building, By the way, just In case you are wondering how that planned development got to be k cluood in Ina area it did-when we butt our office building, we came down from the city and we said, "What do we read to do7 This Is not toned to that we an build and off ce building Thera' So, we were advised to seek planned development. And the City did allow how, If I would go around to get the other people In that area to do the planned development, that d would be a much nicer thing to w do. And l very much wanted to cooperate with the City and do what is the right thing and that Is what I did. So, I appreciate being • small business person in Denton, but I just want to protect our investment, We would like to-1 hate to be against it. I did roll send it in because I Just fell badly about being against It, But I guess if I had to say am I for it or am I against it, I guess I would have to register on the against side. I would certainly like for them to be able to develop this properly, but at least put me a fence up there, please Thank you very much. Chairperson Sch" We have a couple of questions his I Ms Russell, if they do spree to put a fence up, would that be a little more compatible with what-I mean acceptable for you, if we were able to work this out right now? Would you be a little less apprehensive to • having the property developed? Ms Russell It seems awfully dense with what is going to be built over what was approved Iasi year. • . 2.1 10 32 x~ r . 1. {1 Il 1 f ' i Planning and Zoning Commission Minutes May 13. 1998 Page 10 of 60 I Ms Gour61e And to, in order to have this property developed, what would you like to see happen? Would you Just like to see the car wash as it was back when you approved it, or would you be willing to add a little bit morel I am just trying to get an idea so we can.... Ms Russell Sure. I do not know what, and you know this is the first that I saw of the plan. But a just sounded like we were going from a car wash to a convenience slorelcar wash ii a gasoline station. When you are driving over there, the terrain is-when you round that corner you are coming down the hill end our driveway-if looks could kill coming out of our driveway-and this is going to generals a lot more traffic than initially what was there I do this every day; I am speaking from experience. I do not know, I do not Nye a firm answer because I have not been able to look at it before tonight. i Ms Gourdie Thank you. Ms. Russell, You are welcome , i Chairperson Schert2. Commissioner Apple_ Me. Apple: Me. Russell, in looking at the two plans, to me this is just a drastic change because, as you said, before J you were going to have a substantial butter, and it looks like a good amount of green space between their landscaping and where your parking bl begins Now d appears that the turnaround for the car wash Is going to be J right next to your parking lot. Is this how you remember 97 Thera was going to be a good area between your l parking lot and this? This is a substantial change to me that they are asking for, Me Russell. Oh, absolutely, That little jog that is right in front of our parking-that was all going to be landscaping, I mean, you would look down and you would see the building and nice landscaping, trio that is the reason I was thinking that this is the best of all worlds. They are going to be able to develop their erte In a way that they wished, and we are going to have landscaping to look out on and this is just tine Like I said, I am on record as saying that I own the property to the north, and I was in favor of the plan. Ms. Apple Something else you mentioned about the water epraying over-and I am also a little concerned about water soraying. too, especially onto Carroll Blvd I know when the tireets get slick, I know everybody probably slid around onto Bell Avenue Were or to Dallas Drive off of Eagle. That Is a concern of mine, too, end you feel like you would be geeing water spray probably on your visitors and the tenants' cars and possibly your person, etc I Ms Russell. Well, I just know what I have seen at the other car wash on a windy day and what happens. Ms Apple Okay, thank you Chairperson Scherla. Commissioner Engelbrecht. Mr. Engelbrechl So, I am taking from all of this that the applicant did not contact you when they were making these changes or proposing these changes Ms Russell Yet, air, you are correct. I learned that there was going to be • change, and I came to the City and Mr Reed was very helpful to provide me with what the proposal was, 1 will say he gave me his name, but I did not have-I had c4i him, so l had a name to all. When I was on Planning and Zoning, we enCAUfaged people to visit R wdh the other people , Mr Engelbrecht. That Is what 1 was wondering. M Russell Of course, you would know Mr. Engelbrecht. That it why I was asking that question So, your first notification came to you as a 200-loot notice. ` Ms Russell. Right. Mr. Engelbrecht. Okay, thank you 0 ' Chairperson Schertr. Anyone else to speak in opposition, anyone also to speak M Opposition? At this bme, I would - ' Of to give The petitioner an opportunity for rebuttal, please r~, -.r e 25 x 32XIO MUM_ ~ 1 41 ~ 1 r 1 ueawa{s I Q 1 I - Planring and Zoning Commission Minutes May 13, 1995 Page 11 ofli Mr. Roberts Thank you f appreciate their concerns. We certainly want to be good neighbors. As 'or as continuing the fence, I did not describe the fence before and perhaps I should have What we are proposing is o masonry posts and cedar fence between masonry post so the posts run about 12-loot centers. So, it will be an attractive fence- more so than most It is in line with the whole in-fill development. We would be happy to continue that fence along that north line. We did riot because we talked to 01 and they said screening was only required on these other two sides, and we just did not think it would be any problem; but R is certainly not a problem for us to take it-ton, n; a it across there. As far as the spray going out of the car washes, I will not guarantee there is no day that the wind will ` - be bad enough to blow water that far, but d would be rare, Generally speaking, about thirty feet is about as far as you can expnct to see it, and we're about Iv ii that far from the property fine and almost twice as lar from the street-and not in direct line with the street, either. Yes, there will be some spray coming out, but it will be in our own drive, and R will be collected at the drain there at the turn and carried to the storm sewer. But there is always some of that; it is unavoidable If the wind is under ten mites an hour, the water just pretty much ell stays inside. Men it's above that, you start to get some outside, and d it gets like it's really howling, like it will do here sometimes-this is Texas; we do get wind-and sometimes you get it and it will blow it R will blow the water out about thirty feel or thereabout, This car wash being as long as R is and this building being as long as it is, the spray is not as near the front as it is in the bi traditional thirty-five-foot car wash buildings, where they literally scrape from one and to the other. As for as the problem with the migrant workerli only suggestion that t can make is call Immigration. I can guarantee you they will weed them out. If you think they run when the tops show up blowing the horn, wait until they see one of those gray vans come around the comer because I see them on construction jobs all the time-boy, they an move. They will round them up if they are illegal, and most of the ones that you are having the problem with probably are, The ones chat live here-they are not going theta,, they are going home, That is the only thing 1 an really suggest, other than overan security in the area certainly will he enhanced by this facility because it is land. It is certainly in our own best interest to have a secured environment for our customers, 1 and we will certainly attempt to maintain that. Beyond that, I can only say we will try out best to be good neighbors', and every place we operate we are. And I am speaking for Metro Marketing; they have several facilities currently operating, and I have visited most of them, end they are very well managed, end they are clean, and their upkeep is just exce!lenf Thai is about all I can say, Chairperson Schili I have a couple of questions. Mr. Reed, an we put up another one of the transparencies, please? I am looking at the one in the book is page eleven, but R just shows the outline of the convenience store and the car wash and the gas station; that will work. Sir, could you just, with your finger or pencil, show us where - the fence-what you are talking about where ell of the fence is going to go? Mr, Roberto Here, across , Chairperson Schema And that is atl? Mc Roberts Well, it already goes hero from there. Chairperson Schertx, Okay; that Is what I am trying to get in mind . k:. Mr. Robeme The little black dots that you an see are where the posts and.... f h Chairperson Schertr. And the trees . Mr. Roberts And we an continue It on across there between our property line and theirs, t Chairperson Schfi I am iii you told us this, and I am sorry to ask Ibis again-how many cars will be going In and out of that area on a daily oasis? Mr Roberts The staff report estimates 650, Chairperson Scherta. What does your company think? r Mr. Roberts That is probably not loo bad of a number, 0 Chairperson Schema. And I am just asking that because you probably have others similar to this and kind of have a count whereas C a ? ~4r 23. K Ili .7w2 X 10 i ~ar„a c fI I Planning and Zoning Commission Minutes May 13, 1998 Page 12 of 60 h Mr. Roberts, In the busiest part of the day, you are looking at something like 45.50 cars per hour total, entering or leaving the site. And at any one time, you usually predict about six cars there at any point in time Chairperson Schanz. All rijht. Mr. RoherW Average duration on site is about five minutes. Chairperson Schertz. So, what 1 see is the convenience store-:hat does not have any special food stores like what Commissioner Gourdie was talking about, but more or less just one that we have seen around, I am thinking of ilia one that is on Ryan Road and Teasley night now that just went in; l know you are probably rot familiar will) thal, but I am trying 10 gel an idea. It looks nice, and you drive in, and it is a large store, and you can buy a variety of things- including beer and wine-and you can fill up your car with gas; it does not have a car wash. I . im trying to get an _ Idea on that, The landscape-are those trees that are along that fence line that is already thert is that landscaping you are going to put in kris it already existing? Mr. Roberts. The ones along the ii line. here, along that area right there, those are existing trees. Chairperson Schertzr Where is your landscaping that you are going to be putting In? + Mr. Roberts. Al or the these down along here, these over here, and these up here-they are primarily live Oak The { reason being that Live Oaks stay green year round and are an excellent, hardy tree for this part of the country. Of % course, everything Is going to be sprinklered, and the lawn will be kept care of Chairperson Schertz. I do not know if I am a:VOwed to ask you this, but I will try. You currently own the I3nd now, or are you In the process? Mr. Roberts: No, we are under contract to purchase it. Chairperson Schertz: Are there any other questions of the petitioner? Commissioner Engelbrecht. Mr. Engelbrecht I cannot make it out from the plan. how many parking spaces do you milli Mr. Roberts. Nineteen total-there are eleven in front of the store, nineteen total for the site. Mr. Engelbrecht: Okay; those parking spaces along [he north fence behind the canopy-are those parallel parking I + spaces )r I~ Mr Roberts. Yes, fir; They are, I Mr Engelbrecht. So, those are there, but they are there for counting. r Mr Roberts They probably will not be used a lot. They are net required. The requirement here is for six, but of - certain times at morning and evening break, you may have that. Also at convenience stores, It Is kind of a tradition If people are meeting somebody and they are going to leave one car that they will come in and ask the clerk, 'Can 1 leave my car here for a couple hours, I am going with so and so.' They just do not want to leave their car out along the road. If you do not have any parking that is not right In front of the store, then, basically, you almost have to say ` . no And you do not like to get in that position, because they are really customers, We always try to provide some parking that Is a little bit more remote so that if something like that happens, then you can say,'$or*, put H out there slang the fence, and It will not be in the way.' Mr Engelbrecht. Okay; so that is the purpose of those parking spaces and the ones down by the car wash. - - Mr Roberts The ones down by the calf wash will probably be Lhe hetp's. He will probably instruct the help to park II down there so [hey do not use the parking in front of the store. I Mr. Engelbrecht. Okay. And how many people will be employed at the facility at one lime? At any one given hour of 7 the day-lel's say during the busiest hours of the day, 29,r I 1 1 ---yam low 'x . 7K~Q 32 X10 s . 0 i l Planning and Zoning Commission Minutes May 13, 1998 Page 13 of 60 Mr. Roberts. Probably three at the busy time-a manager and two clerks, In lighter times, N will probably be two. { The only time there would be more than that would be like during a shift change or something like that. You might have both shills there for fifteen or bventy minutes. Chairperson Schertz. I am going to interrupt, are these normally twenty-four-hour open? I Mr, Roberts: On the highway they normally are, off the highway they are normally not. Chairperson Schertz: Then what are normally the hours? Mr. Roberts This would probably be 6 00 a m. to 1100 or 12 00 Chairperson Schertz: Okay: I am sorry to interrupt. Mr. Engelbrechl. Oh, no, that is fins Mr, EngelbrechL I would like to get your feeling on an item that I Just see coming down the road from experience . What would be your feeling in the event that Myrtle Street was made one way at some point in the future? Given the traffic load that I see there, the way that inlersection-1 just see that down the road somewhere. Mr. Roberts. I guess our customers will learn to deal with A. I do not know which way it would be, but I seriously j doubt that would happen because if you go dawn and sat on Myrtle Street for an hour, and you may see a car go by. There is not much traffic on Myrtle Street. It does not go enywhefe. Mc Engelbrechk There is not much traffic now, but it has not filed out, When you are there, and another facility Is down the street from you, all of the sudden, that intersection, which is nothing now, becomes a big deal. It is right by another large intersection, and it is across the street from a very large group of pedestrians. so, I Just want to get you all- iterally, I wm asking Io gel you on record now; I want you to know up front They are going to be coming back to you one of these days I will bel you. They are going to do something with that Intersection or with MyNe Street. 11 is nothing now, but just you alone are going to make it a pretty busy intersection. Mr, Roberts. It wilt make some difference. I estimate about a third of our traffic will come and go from that side. - Mr EngelbrechL You think a third? Okay Mr. Roberts At the busy times of the day, maytx a car every five minutes, Again, d is not anything Nat Is going to generates traffic Jam. I would be very Surprised if we had a lot of traffic coming that way, because you know there is only 5 thousand cars a day on Fort Worth Drive. Ir that was the only street, we would not be a store there, Carroll Boulevard traffic is what we will have. Trost things are not destinations that are stops along the way Mc Engeibrecht. I recognize that, Mc Roberts. Occasionally, someone runs down to the store and gels something total, and they do that. a Mc Engelbrecht No, I do Act are about the destination. The fad Is they come and go. Mr, Roberts. Sure. Mr Engelbrecht Arid at that Intersection, it is going to make a difference But at soy rate, my oiler question has to do with the fence that was not there, but you said you would put in. I have two questionS about Nat and also about the landscaping along there. Do you have any ob;edions to making that an eight-fool fence as opposed to Six? Mr Roberts No Mr Engelbrecht. Okay; the other Item is--do you are if there Is a clause in here that says that the Land owner that abuts you can put planting on there that will go up the fence? Is that a problem? Basically what we have new is that Q we have just got a fence, there is no softening. There is no anything to that.-there Is zero. There will be now a six• or Cght-foot well-whatever-but, ff there was a way to Soften that and without cutting into your parking or your / driveway, the only way I see to do that is to, in essence, let Something grow up the fenu-)CV know, morning glories--that kind of Ming, so Nat ft softens ft up 2.7 x 29 K 32 X10 o Planning and Zoning Commission Minutes May 13, 1998 Page 14 of 60 Mr. Robens Sure, we would not have a problem with that - Mr. Engelbrecht And the other one was to plant a tree in that corner-if you keep going up, right there, to again provide some additional break for everybody Mr. Roberts Sure, yes. we could put a tree over there j Mr. Engelbrecht All right, thank you. Chairperson Scherl Any additional questions? I'm going to ask the staff-since you're here, I'm going to go ahead and ask you. With my background, I'm assuming that someone has taken the time to draw out a styled model with cars and has pretended like somebody is backing out of the convenience store at the same lime that three people I are purling out of the gas station or coming out of the car wash. And I'm sitting here drawing with an arrow, and I'm just sitting here looking at all kinds of things to do, I know you've looked at something this size to scale: it's misleading I'm very aware of that, but I'm going to ask staff that same question to make sure that there's enough space for all of that to be happening at the same time, because tt it's as busy as I know you want it to be so it will be successful, then those eleven spaces one going to be--Cr at least half of them will be-full i ,cast of the time, if not more, If you have the right prices on the gas, then those stations are going to be busy going in and out, and the car washes in Denton are popular and they are being used I see the-it's unfortunate that the car wash isn't on the Myrtle Street side so-and I know it can't be-but I mean it's something again to draw the traffic Mr. Robert . It could be, it they'd sell us that lot. Chairperson Schertz Yes, it cull be, but its unfortunate that traffr , n Carroll Blvd„ which Is to congested, and go-and I'm just curious that you're real comfortable that there's enough space to do all that Mr. Reed - Well, yes, thats an excellent question; mind when we started building these larger facilities, we did a lot of studies using Auto Turn, which is a program that works with Auto Cod-and even so, there was concern, but now we've got a couple of years under our belt in building these and selling these, and we pretty much and we pretty well know what the dimensions have to be. Some people early on put the canopy too close to the building, end Ihey had some problems with the cars backing out and the cars parked at the gas pumps and that kind of thing But we've gotten that length down to pretty much a science at this point Chairperson Scheel I appreciate you sharing that because as long as it's been addressed and 4 sounds like you have-that was just one of my concerns. Mr. Roberts It's a pretty well known science at this point. It certainly Is something that, and there are some stations that-in fact, there is one particular one that we had to go bock and move the gas pumps on. We didn't build the i station ongHall but it was a facility that belonged to Mobile Oil and cos went neck mooed the dispensers, which is a pretty expensive thing, it was just a nuisance and people wouldn't use the store because they didn't want to Il in . ' that close. Chairperson Schil lz Thank you Mother-did I understand that you're under contract; you're going to purchase the land, build the product, ON maintain ownership Of the product? Or are you }ust the developer? . Mr, Roberts Yes, that a correct We have no plans to sell it. Chairperson Schanz Your company is the business, as of today, and will be maintaining d. Where are some sunder projects like this in our ores? Have you Duilt others In cities In the stale of Texas Or.... Mr Roberts On, yes We just built a new ExxonoWendy's right down here at Teasley Lane mind 35 at the other end of Teasley And at Swisher Road-we just built that it's not open yet. Thai's probebfy the closest one, We have an Exxon right now that's nearly open mild 3040 and 2499 in Flower Mound. That would probably be the next closest one Let me think, Going down 121 between Grapevine and where it hits 103, there are five that we built, Just kind Of take your pick along there-from a 4,000•squal Shell to a 2,000aquore.foot Chevron and everything In between. Chairperson ScherU I appreciate that. That lends to your credibility Mat you've trod out different shapes and sizes and you have o cai level Any other questions? 32 X d ~ t r o Planning and Zoning Commission Minutes May 13, 1998 Page 15 of 60 Mr. Engelbrecht: Would you show us that rendering you have again? It shows-okay; now, in fad, you have the road-there's basically a delivery area all the way around the backside which-well, oat's a pick up window. So, in fact, you will have traffic on the outer edge of that. Okay; and is the grassed area. is that 9-191 tell you what; I've gel x. it you wan[ to set [hat down because television and all that. Chairperson Schertz: We don't have anything showing what you're talking about when you talk about a drive- through. " Mr. Engelbrecht: Yes, that's what he said. I didn't realize b was a drive-through. i Chairperson Schertz, I guess I didn't either, so I wasn't sure what it was showing. Oh, it's right-oh, okay. There's i away to feed around, but people don't stop and buy. Boy, you guys haven't left anything out have you? ? Mr, Engelbrecht: So, that grass area on the southern side-41i that just gras37 Is that s berm? I'm trying to visualize exactly. Mr. Roberts: Right along here? Mr. Engelbrecht: Right, - Mr. Reed. That's all grass. Most of that Mr. Engelbrecht, is also right-of-way. Along Carroll, there Is just a small width of right-of-way, but along fort Worth Drive the right-of-way encompasses from the current curb up to about maybe fifteen feet or ten feet away from [he pavement. Thal is wham the landscaping has been provided Is within That area. But there is not necessarily a berm. i i Mr. Roberts. But we will be taking care of the grass, too. Mr, Engelbrecht, I understand. Is More any particular reason there were not any more trees, or some other son of I material planted to break the mass In that planting area where q could be? You have three trees on one side and two on the other, but that is it-right? Mr. Roberts: Actualy, there are BveMr. Engelbrecht: Wen, okay; but I am talking about where the building is located-between the building and the street I Ms Gourdie Is it not that because it Is a right-of-way that the road will eventually, maybe some day became extended? Mr Engelbrecht: No, but in the pan that Is not right-of-way. Ms. Gourdie: Welt, that Is pretty much the whole thing that is rig hl-of-way. Mr, Engelbrecht: Sure I am talking about In that area Pardon? Mr, Reed. They propose to put a egn on this watt, end I am assuming that Is why they did not propose to put arty I there, • Mr. Engelbrechl. Okay; and those others-those are Live Oaks-Ihose trees that are shown? Okay. By the way, what Is the distance between those Uses? Do you know fight off? Mr Roberts Between these trees? Mc Engelbrecht Yea. I , Mr. Roberts. (inaudible) 0 • i Mr Engelbrecht. Okay. Thank you, JJ T Chairperson Schertz: We have one question from Ms Russell, if you would slay here, and Ms. Russel, 0 you would dr 1 come to the podium and ask your question. ! I `f 25 ~s C `rn~ r 32xIn rf v Vrj " • ~..f I e c Planning and Zoning Commission Minutes May 13, 1996 Page 16 of 60 Ms. Russell. VJe have been discussing the fence and how an eight-foot fence would probably blxk off the building and we would be feeling like we were encapsulated. I am sorry that we have not had the chance to talk about this more, but in looking at that space over there, we are wondering-if they put a four- or rive-root fence and then planted greenery or something like that. What we did on this side over here is right in front, the fence looked really bad, and we planted red-top Photenia over there, and it grows up, and it makes a nice green screen. We were wondering if a fence could be put there and then maybe the planting on the other side-but not an eight-toot- perhaps a smaller fence that would catch the water blowing and then put the greenery all along there or something wax-leafed Legostrum, red-tip Phonfenla or something like that. I am sure we have lists of Things-something that would make a green screen that would grow up and not make our building Mr. Roberts (rnaudlofe) Ms. Russell Well, what I was thinking about-when I think of honeysuckle or something like that, it does not absorb as much sound as something like a wax-leaf Legostrum or a red-tip Pholol la. These are very healthy and hardy, s to and the worse tiring that would have to ba done is they have to be trimmed, but they can grow fall, and that will give the green and the feeling of safety-yet d will take care of the barrier, and you wilt not have an eight-foot fence there, Mr, Roberts. I do not see a problem; as I said, v. want to be good neighbors 1N Russell. So do we Mr. Roberts And I Think we will; Ida not think that you will have any problems with us. Ms Russell Thank you Chairperson Schanz. Thank you. Are there any other nueslions of the applicant? Thank you. 1 will now close the pubbc hearing and ask Mc Reed to read his final rema i s-and probably a few more questions Mr. Reed I would like to point out-it was asked H a neighborhood meeting was held, And in foot. no, one was not held Al" I looked at the staff report for the 1996 detailed plan and no neighborhood meeting was held back then. We do enceurr,e, however, neighborhood meetings for all zoning changes. I think everything else lies been addressed Earlier t said we had been notified by one owner. With Ms Russell's notice here tonight, that makes it two property owners in apposition to this-the proposed change to Ne detailed ptarr--out of ten, which still constitutes less than 20% of the land area Chairperson Schertit I guess one of the questions I have is-we know catty-corner where the migrant workers gather and across the street from there-that property has been forests for some time; but, eventually, Nat`s klnd of con a l or a hill-are y'all following me-eventually something la going to happen there also, I would assume. Maybe not, but I would assume so and I just am.. . Mr. Reed. That should be in this area over here. I had a picture of this property over hers..,. j , Chairperson Schartz. That is vacant? And that is zoned commercial? r, Mr Reed Yes Chairperson Schertz, And I totally understand something is going to go or that street corner, and I guess my conce n is that I think that we have addressed a lot of things tMS evening, but I am still a lints concerned about the congestion, and R is not particularly this gentleman's responsibility or his company to resolve R; that is no: where am going Where I am gang is making sure that staff has thought stout making sure each area that is developed in that rather unique intersection plays a role in making sure Nat when, in the future n is all developed, we have something that all of us go, 'Oh, this works really nice' and not the other. There are many places in Denton that you're like, 'v%bo in the world designed Nis intersection?' I am concerned about that Mr Reed I'd love to comment on the traffic and transportation, but I think Jerry should respond to that question, I 0 ' know that they have dedicated a large area kar right-of-way and that will lend itself to Increased traffic long aU, Fort V Worth Onve and that area develops. Would you like Jerry to mention something also as for as the City's plans for design of the intersection; 1 Chairperson SOil >r Just some Wtur -whsl you see five or six years down the road.... 1 Jill r 25 IL~1 32x10 f p acseaya Planning and Zoning Commission Minutes May 13, 1a98 . Page 17 of 60 Mr. Clark'. The major positive-we have just designed Foil Worth Drive to become a six-lame with a turn lane in the medians and that Is to greatly help traffic flow through the area, That is under construction now. TxOOT is building it for us, and that is under constructic i now. That is going to change; you have four lanes with no median, no turn lanes, to a six-lane with a turn tare, and that will increase safety snd capacity to That greatly We are also working on Collins Street back to the west. There are going to be lanes and things put in there to you can make a ten. to a straight through, we will add a turn lane there, it will be repaved and some capacity added all the way to Welch. Another thing we are doing is we're adding a major drainage system along Eagle, limiting the looding in this area at the Eagle and Carroll intersection, which shautd make N much safer and make it work better. So, there are some commitments that are going to happen. Another thing that is real safe about he way they des gred this. First, what they have done is the building's in front and it circulates around Thst is a lot better because you don't come in and immediately take a hard turn to get to the pump., you just pull right to them. So, that is one major positive, and this is the first site that we have seen do this. Chairperson ScherU I appreciate you pointing the; out. I had already thought about that they had done that. So, the things you described are on the board new and are going to happen-maybe or we hope, but they are, Mr. Clark, One is under construct'lon-377 is under construction now The contractors are getting a stow start, but they are. That should be done in a year, V'e are designing Collins, and we hope to have that under construction by late summer, early fall and done by the middle of next year. So that'll add another route where some of the people going to 4NT-that go up Carroll and lake Eagle left and go to UNT--will actually go dawn Collins and come up Welch slid Bernard into P is* parking lots on that side of UNT. That's going lo redirect some of the traffic Chairperson Schertz I really appreciate that, That helps Mr. Engeibrechi. I would like to ask Jerry-end I agree; Nat's all going to help all that traffic going all those ways. but this is going to put a lot more traffic at the Intersection, as I see it, of Fort Worth Drive and M, where there's virtually zero now What are our p'rms for that intersection for the Ill Do we have any? Ws ssume this will ' work just like this? Mr. Clark, Basically I think the allocation of traffic is going to be more like 75.25. 1 think 75% of the movements will occur on Carroll and maybe 25% over on Myrtle. I don't think that that's going to be a real attractive place to go into I think you'll have more right turns in and right turns out than you will left turns in and out. If that buttoning needs to be adjusted, the City or the state would handle creating a Ion-turn lane, There looks like there's room for a short one. This will change from the car wash, but I don't think ills going to creole a traffic problem by Itself, The office will actually have different hours from d, different peaks, and I think it won't aggregate or build on each over; they'll probably offset one a little pit. If you had another real high intense use right by R, then d probably would have peaks at the same time and it would not work together, I'd add traffic at the same time and make the peak worse, It Isn't a great situation Unfortunately, when a fot of this was done before tr/I;,y io gc; hint access with adjoining properly owners, which is really the best way W have a lot of these solutions-hasn't been vs.ry popular with most developer Until we move to where these people can have pint ad:ess, you're going to have situations like this where not having a driveway, there is going to move all the traffic to C erroll and wili probably have more Import Mr Ergelbrecht I see this as a site similar to the 7.11 at Malone and University. The only way you can gel In * westbound is to take a IeA onto Malone across those these lanes of traffic and into the 7.11. and they do R all the time 1 • Mc Clark'. That's only about 2! feet from the cornea Me Engelbrecht That's Irue, "I's a real short-there's not much slacking room there but-okay. Thank you, I'm awfully curious to see this, if this goes-see this won. } Chairperson Schertz, CommissionerGourdlis 4 I r Ms Gourdie. On page two In the summary section, d ; Iys Nat 'becolrss the proposed development has the $0 r developmirM plans set, AS long AS the Commission is advi,, to the City Cot l.' Why was this put In thera? It pretty much lives it fulfills all these requirements, therefore, we should go ahead and approve H? Is that what Vol saying? -31. f 75 ICJ 32x10 1 rralr~w , i Planning and Zoning Commission Minutes May 13, 1998 Page 18 of 60 ` Mr. Reed That was )usl making it clear that you were not here tonight to approve the detailed plan but recommend approval to the City Council. This Is actually the same wording that I used wham I brought Pair Oaks before you, and I was making it clear then that a development plan had not been approved for the planned development district here before you tonight. Yuur capacity was advisory to the City Council-not for approval Ms. Gourdie; So, we do believe that there is adequate and safe circulation of vehicular traffie-is Val correct? Is that what we talked about? Mr. Reed. Yes Ms. Gourdie. Okay. Thank you Chairperson Scheru What would stall recommend if we were to approve this with some conditions. What would you recommend we do so that the applicant could visit with the owner of that building to make sure-they're both standing here at the podium saying they want U be friendly-but talking N. and doing ft are sometimes two different things. I'n, j:,St Curious how we Can help make sure that bath parties were Ibis to meet and work things owl to their " satisfaction. Mr. Reed: H further discussion between the h' r Is needed, I suppose we can postpone consideration of this t mill a determined time, however. I think that conditions were satisfactory 'd a four- or five-foot-tall fence Is platen there along with some additional plantings, and I Ihink we could have a condilion stating to that effect that this ,ype of 1 screening is provided between the two properties and do [hat tonight with your motion. Chairperson Schertx: I was just looking for some direction. Mr, Reed Would a-Ms. Russell, would a 4-feel-0all fence be satisfactory on your property line? Me Russell. (inaudible) Mr, Reed I recommend-go ahead l I Ms. Gourdie, I just have a problem with what happens to the greenery In that she's lost six feet worth of greenery and then she's looking at a car wash What I'm saying is that we can't depend on hose plants to be the visual sight she wants to see. In ten years, it might just get diseased and die and then the 's stuck with a four-foot fence. Mr Reed However, the current landscape code requiros irrigation so the developer hero as they landscape this property will also provide irrigation for the plants e,, inat property, Ms. Gourdie. Well, does he also have to main min the plants and make sure that they're &Iwo? If they die, does he h have to replace them? Mr Reed, The code does indicate that. > Ms Gourdie I just want t Ms Russel to know (hat if she says a four-foot fence and gets a lour•foot (ones and something happens, she's going to have to wait three years for the Phobrilas to grow back up, and she's looking at a r car wash. So my question 4--I2 it worth waiting for these plants to grow to a heighl where you no longer have to 3 . look at the car wash, or would you rather have a six.foot fence just to be on the safe side and then grow the plants , up over that? Ms. Russell , (inaudible) 1 Mr. Reed But, I suppose a condi could be placed NI in addition to the four-toot fence which is Identical in material and design to the fence providing anrearl to the other north property line near that and shrubbery to be provided with that Chairperson Schema, Can we put the condition that he meet with the owner of that bulking, and, when presented to Council, then 4 would have conditions that they had agreed on. Mr. Martin: I would not suggest that as a condition; no. 30.: t, S4 C V, 10 ~ 32x ~ • 0 r - Planning and Zoning Commission Minutes May 13, 1998 Page 19 of 60 Chairperson Scherzz Okay. Mr. Engeibrecht. Well, let me ask. Our legal advisor is suggesting that we not use that approact„ c,d we wouldn't be illegal if Y1a did, Mr. Martin'. It would be a question about that, Mr,Engelbrecht, Okay. Mr. Donaldson. You can recommend to the applicant that they meet with the adjacent property owner prior to the City Council hearing this, and the minutes will reflect that, and City Council will read the minutes Mr. Ergelbrecht. And we can Just simply say the six-foot fence, which is standard, and plantings, which are standard, or plantings that are within the purview of the landscape ordinance, and then they can work out the details and we're within.,., Chairperson Schertz'. I'm comfortable with that Mr Engelbrecht. Okay Mr. Donaldson'. As long as it's not a condition or the toning-as far as the meeting between the two parties. Mr. Engelbrecht Yes No, we're not-yes, I see what you mean. I understand Ms Gourdie Are we ready to make a motion, or are we still in . Chairperson Scherz. I think-Mr. Reed, do you have any more comments? - Mir. Reed Yes. If a fence is part of the condition made with your motion Io approve. If that is your decision, the condition should state that the fence should be twenty-five feel from Carroll Blvd. to Ihe-1 hope--I'm not saying this rigirri it should not be adjacent or come close to Carroll Blvd. but be twenty five feet sway and then start to go east to their intersection-twenty-five feet back from here and run east towards the corner and join the proposed fence on the detailed plan. 1111 Chairperson Son" For visual-for safety, ' Nlr Engelbri Because that? right-of-way. Is that right-of way? Mr. Reed Both right-of-way and also vision Mr. Donaldson. Thais the required yard. So, you could make it that the fence does not extend into the required yard Cnairperson Scherz Thank you Any other questions? I think we've discussed this one enough. At this time, we can hold discussion among the Commissioners or I can entertain a motion Commissioner Apple. r , Ms Apple. I'd just like to say that, at this lime, I'm leaning against this issue because of a number of factors It is so dramalically different from what was approved in 1996-4he inlenti olvii going lobe on the land and increased traffic that is going lobe. in my opinion, brought about by this; and I'm just really nor comfortsbte with this II it )usf such a drastic change from what was approved to begin with, and I can't help but think-'c curious as to if this had been brought initially, would d have been approved as is. So. I'm leaning against this, Chairperson Scherzi. Thank you Mr. Reed, I know you just sat down, and I apologize. When this was-and fm sure I was on P&Z in 1996, and my memory fails me. When his was brought before us, was there a developer that wanted to do this, and that's why If was brought before us, or was this Just a proposed Idea? Mr Peed That was the property owner's and a was a developer at Nat time. Their f ropossl was not contrived to g y imagine a car wash M this location. It was [hat property owner's proposal Y p1` ~ 32XI❑ K r alleges r y +aOana Planning and Zoning Commission Minutes I May 13, 1998 Page 20 of 60 1 Chairperson Schertz I guess where I was going with that-because I respect what Commissioner Apple was saying, but I also know the price of the land. It changes from 1998 to 1998, and you have to dl there and crunch the numbers, and you have to go, 'Okay. this is the cost of the land- what's going to support that cost?' j Mr. Reed May I add that every piece of land that's annexed to the city is zoned agricultural. It's zoned up from that 1 point when it is developed. So, you're right. It all adds in-the zoning and permitted uses you change ups the intensity of the area, and the development of the area changes 1 Chairperson Scheer Thank you Mr, Engelbrecht. And if I might add to your nomment, for intersections like this, a good deal of that value Is based on traffic count. as I see ft. That traffic count is going to go up, I think, considerably due to the three lanes oat are going to be on fort Worth Drive and the increasing capanAty on Collins Street. And, 0 not this one, there will be another proposal shortly, because of the traffic counts that are already present, and they're going to do nothing but grow as time goes by. I agree with you, I think. Chairperson Schantz. Well, yes and I appreciate you commenting because cos all know something's going to go there. And that's, I guess, one of the comments I was going to make when it was appropriate was that, you know, at least we have an idea of what's going in here. And with the description of the brick and the glass blocks and the greenery, its something that would be appealing its you drive by rather than some other thinge that we might have seen go on this corner. I am concerned and want to make sure that the property owner is taken care of because they do have tenants, and they were there, and to the last thing anybody would want to do-and I'm sure the petitioner would not want to do-is decrease the value of that property by putting In something not particularly of interest to the laments in that building. So that's a concern, but I hear-but the petitioner Is willing to work with that owner and work that out 1 trust traffic will be okay because that's the City's job, and 4 sounds like they've also done their study, so, with those comments (insudlbre) Ms Gourdie I move to recommend approval of Z-900-01A with the fence being a continuation from twenly•five feet from Carroll Boulevard along the northern property line in an eastward direction to conneof with the fence that will be put in piece there And do I have to make a landscape thing, or are we going to put the issue will be resolved at the City Council meii is Mat what we said today? Chairperson Schanz No, I think we need to recommend the landscaping because I'd like to secure what we recommend on the landscaping and wkh the side comment Oal's not in the motion-but with the side comment that' - the Commissioners strongly recommend that he meets with the owner of the building to discuss this, Ms Gourdie So, I have to stop now and end my motion? Chairperson Scheer, I would just add that landscape would accompany it. Ms. Gourds That landscape would accompany it Mc Engelbrecht That meets the land"pa ordinance t >A ` Ms. Gourdie That meets the landscape ordinance Chairperson Schantz. II 'a a group effort up here Icnight We're missing a few people so were helping everybody out. Sul no, I appreciate th at. I think Maya a good motion. Ms Gourdie. Thant you, Ms Engelbrecht I'll second that k 1 " Chairperson Schertz At this lime we have a motion made by Commissioner Gourdie and a second by Commissioner Engelbrii and if I can have some help, we'll be ready to vote. , Me Engelbrecht: Can we make a comment? Chslrpenon Schanz. Sure. I'm sorry. 1 92. 25 r 32X d ❑ A , P Planning and Zoning Commission Minutes May 13. 1998 Page 21 of 60 Mr Engelbrecht. Oh, that's fine. While I seconded this plan. I certainly have some reservations which I think I made ± evident by the questions I asked. This is a unique intersection-intersecl'ions, plural, That I have a concern about because of the traffic Thal generates from this type of this business, but I also tend to agree with the Chair that the , price of the property in this son of situation is going to demand something of this nature. if not this, then there'll be one in the future-so, therefore, my second to the motion. I would simply ask the stall to make a serious study of l this intersection and all the surrounding property, considering the fact that we have unique issues. One, we have the uniqueness of the inlerstctions, many of them. We have the uniqueness of a high pedestrian count that's right across the street and accompanied with Ihat a large vehicular traffic that we know is not conforming to the traffic paltern low that we had asked them to use. Frankly, I don't think they're going 10--1 don't care what we do or what we say. Therefore, I think staff needs to look at what's really going on, Vol we need to consider that in the development of Collins Street, as its going through, and pedestrian crosswalks and all those Issues. I think we need to do that right away. This is getting to be a very busy intersection for all parties Involved. Thank you Chairperson S.. xerte. The only comment that I'd like to mako because we seem to have dropped 4--yet it was earlier discussed by Mr. f2usseil early on-IS of the migrant workers. And I hate to use the word 'assuming' because that's a dangerous word, but I'm assuming that whoever manages this convenience store Is going to patrol it, because its to his best Interest, because I personally am not going to slop it d'e not patrolled, and that would affect other people making that decision. And so I, again, am jusl sharing with you that I think s strong effort needs to be made to say that that effort is patrolled early on so that it doesn't get out of hand and patrol it the best that we can because that's all at this time we can do. Any other discussion? A motion is on the floor and seconded, if I could ask the Commissioners to please cast their votes And the motion passes 3-1 with the Commissioner Apple voting in opposition (3-1) This concludes item 6, And we are going to break for a short break and then come back with CIP meeting hat was scheduled at 6 30 p m The Commissioners look a break The Commissioners reconvened Chairperson Schert¢. Good evening again. We will start this portion with the public hearing and our item tonight will be recommendation to the City Council on the CIP, Even though it slates that it's public hearing, that was made In error So, we will hear Mr. Fortune's comments, and then we will ask if there is anyone in the audience who warns to speak, and I apologize Mr. Jon Fortuna presented the staff report. Mr. Funune I thank you for the opportunity to be before you this evening. You should have-and if you haven't received a copy of the Capital Improvement Program, if you don't have a copy, we have one we ran provide to you as well as a list of responses from the staff regarding spec;rc projects that ware mentioned-or epeeBd issvae that were mentioned in the lest public hearing-and I believe that was requested by one of the Commissioners As indicated, this meeting wasn't necessarily oor intended night for the public hearing, though we w81 be happy to receive input from citizens, if there are any this evening The actual schedule of the Public hearing on the Capital n tmprovemenis Program will be on the 2V, and that will be the evening we will receive the Planning and Zoning Commission's recommendations for approval to forward to City Council, What we have before you this evening is bath the General Fund and the Utility Capital Improvement Program for the years 1998 through 2003. If you will recall from my prior presentation, the City currently has one year of bond authority left from the tall bond election. That was the election the voters passed in 1996 We were fortunate enough in this year's operating budget to be able to fund enough additional debt service to compte'a that program one year early $o, at the completion of the 1998.1999 year, we will be out of the bond authority, end it is anticipated that the City Council within the next few morths will appoint another Citizens Committed to begin preparing and developing another bond program to take to the voters for approval. With that in mind, what we have provided for you in the General Fund side is really a six. year plan. We've given you the 1996-1999 year which, like I mentioned, Is the lost year of bond authority plus five additional years, and those five years are predicated based on the City Council Budget priority Gueslionr 4i which 0 they compl,ted earlier this year, the cititans' input the, we've received in " public nearing, the staff recommendation, and finally-and most imponanVy-lhe amount of funding that we have available for any given p~f year $o with that in mind, what I would like to do is let Jerry Clark come up for just at few minutes to discuss the 33. - Y rXski 4 x k~ 32XID e 0 ATTACHMENT 3 33160 S.m7N'dW >u13 I NOTICE OF PUBLIC HEARING 8661 V1 ANNi Z•98.018 an as 11 9 J The Planning and Zoning Commission of the City of Denton will hold 'a public hearing on Wednesday, May 13, 1998, to consider recommending approval to the City Council of an amendment to the approved detailed plan for Planned Development 157 (PD 157) zoning dialriU. The property is legally described as Lot 2, Block 1, of the Carroll Point Addition and Lot 1, Block 1, of the Cozy Oaks Addition It consists of 1.058 acres and Is located on the north corner of the Collins Street, Carroll Boulevard and Fort Worth Drive intersection (see map on backside), The amendment proposes to change permitted land uses from a car wash to a combination of convenience store (with on-premise sale or sale of beer and wine), gasoline station and a car wash. The public hearing will start at 5,30 p.m. In the City Council Chambers of City Hall located at 215 E, McKinney Street, Dertyenton, exas. 8eceuse you own property within hvo hundred (200) feet of the subject prop, th Planning and Zoning Commisslon would like to hear how you feel about this zoning chang request and Invites you to attend the puhlic hearing, Please, In order for public opinion to be to an into account, return this form to: Planning and Development I ment 221 N. Elm ST Denton, Texas 76201 Attn: Wayne Reed, Planner 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 applicati: n 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, If 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 oprin Please circle one: vor o f request Neutral to request Opposed to request Comments: r' ~ are ~.'crcf~,.r l~• ~ = .~~.~c e~I•.'l' a o~l s►~c" Z Signature: Printed Nam_, / Mailing Address: e--.0 City, State Zip: ~Lf-~Te e~ C-~d Q • Telephone Number: JdP 7- V Physical Address of Property within 200 feet:f CITY OF JDENTON, TEXAS CITY HALL WEST - DENTON, TEXAS 76201 • 040,3494350 2P9.Ord7^tiNMifenra,nx ~34. - 25 1a 32XID ,4M I , NOTICE OF PUBLIC HEARING Z•98.018 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, May 13, 1998, to consider recommending approval to the City Council of an amendment to the approved detailed plan for Planned Development 157 (PD 157) zoning district. The property Is legally described as Lot 2, Block 1, of the Carroll Point Addition and Lot 1, Block 1, of the Cozy Oaks Addition. It consists of 1.058 acres and is located on the north corner of the Collins Street, Carroll Boulevard and Fort Worth Drive intersection (see map on { backside), The amendment proposes to change permitted land uses from a car wash to a combination of convenience store (with on-premise sale of sale of beer and wine), gasoline station and a car wash. 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 (200J feet of the subject property, the Planning and Zoning Commission wou'd like to hear how you feel about this zoning change request and Invites you to attend the pubfic hearing. Please, In order for public opinion to be taken into account, return this form 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 opportunit'es for citizen lri4vement and comment. The first step, folhDwing 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 oppos tion, Second, the zoning petition is forwarded to the City Council for final action providing the Commission re,xommends approval. Should the Commission recommend denial, the petitioner may then appeal the request to the City Council, If 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: In favor of request Neutral to request Opposed to request Comments: D MOVE • ~7/ Y 70 Sfgnature: Printed Name:. 1 d t 1'A R Mailing Address: GOD _ • City, State Zip; his, tt i~~~cLaiL 7~ d I , Q • Telephone Number. Phy3icai Address of Property within 200 feet: 10604/002 3 ~ CITY OF DENTON, TEXAS CITY MALL WEST DENTON, TEXAS _ 16201 ~ 940.349,8350 i•93-0rd~00'Noh1!uEOndac 35. re~Y ,1, nn: ia: 1 . I ~ o e .aNrr ML wr .w...r.w =mar. _ 'tl s~ 4. w•ZS: ! i P I ~u~ uxmx ON OVA 1 Lrb . w rwa pr _ wMM1%m-W_.11 IIaM~ j Y%itltl.ltY sr--s~~pM+w,~p~I.N w!. rw T ,pw~~..~`i• Y1. a M1 W b- ~r _ 1J ~ 11~ ~ • v_J.aaan r w iTiT ~ cif r~ 1.. r.lawlt-lr w.«.w. , i•lo0-7a-Ie7 w ~•y„y• amrwiaa~tti~y~, rr wTw_rfe. • ~/~'/16TA! •n • n ur awn. r. w eu os ` ~I E ..rL r_-r p. ial~'+wzal~r+f'7i.a'1~ aftmml'1 x' 0 f'G •~'y ~e 3 101 • e ` i 1 ATTACHMENT 5 NORTH Z-98-098 PD 157 odQ I , 0 l ~0c • a i 3lanes o' 1 PD 157 \ O s' 3lane5 SITS .r °0ar d = O LINS STR@ET ss• r.rse • i°' Apt ~oo~ ,roams ~ lHT1eS sroe~cs 3 lanes TRAFFIC IMPROVEMENTS Dates Jane 2,199e Scala, None ` )7. n 32 x , I loom ' j I{I i 2A!-0 I a dw ATTACHMENT 6 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE PLANNED DEVELOPMENT DISTRICT CREATED BY ORDINANCE 96-013, PROVIDING FOR AN AMENDMENT TO THE DETAILED PLAN TO ALLOW FOR A CHANGE IN PERMITTED USES FROM A CAR WASH TO A COMBINATION OF CONVENIENCE STORE (WITH OFF. PREMISE SALE OF BEER AND WINE), GASOLINE STATION AND CAR WASH ON THE 1.059 ACRE DISTRICT AS SHOWN ON THE ATTACHED DETAILED PLAN LOCATED ON THE NORTH CORNER OF THE INTERSECTION OF COLLINS STREET, CARROLL BOULEVARD AND FORT WORTH DRIVE; PROVIDNG FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE, WHERF \S, Ordinance 96-023 provided for the creation of a planned development district and the approval of a detailed plan for a car wash on 1.059 acres of land located on the nortlr comer of Collins Street, Carroll Boulevard and Fort Worth Drive; and WHEREAS, Michael Roberts, on behalf of Metro Marketing Inc,, has applied for an amendment to the approved detailed plan for PD-157 to allow for a convenience store (with off- premise sale of sale of beer and wine), gasoline station and a car wash; and WHEREAS, on May 13,1955, the Planning and Zoning Commission recommended approval of the requested amendment to the detailed plan; and WHEREAS, the City Council finds that this detailed plan will be in com•,'iance with the 1988 Denton Development Plan and the 1998 Denton Plan Policies; NOW, THE1,-L'ORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Ordinance 96-023, %s it relates to the approved detailed plan for Planned Development District 157 (PD-I57), aplanned development district comprising 1,059 acres of land located therein and mo.-e particularly described by the legal description attached hereto and • incorporated herein as Exhw;t A, is hereby amended to allow a convenience store (w;th off-premise sale of sale of beer and wine), gasoline station and a car wash. SECTION H. That the entire 1.059 acres contained in Planned Development 157 (PD-157) described by Exhibit A, is hereby approved for the detailed plan attached hereto and incorporated herein as Exhibit B. • SECTION III, That the provisions of this ordinance govem and control over any conflicting • • prov,.,r~ns of Ordinance 96.023, as it relates to the entire 1.059 acres contained within PD 157; j 38. { - ; ry, , ~ 32 X I O ads r , • , . u r .f ifD ' i 1 I r r I~ w it i SECTION IV. That a copy of this ordinance and the detailed plan shall be attached to ! Ordinance 96-023, showing the amendment herein approved, I SECTION V. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum rot exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION VI. 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 newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the r day of 1998. y JACK MILLER, MAYOR f ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS 10 LEGAL FORM: HERBERT L. PROM, CITY ATTORNEY ,I ~ I BY: i • I f{ { M~i 11 , 11 It i~ ~ i 1 • 'f l f I a 1 M n t.1 i ! ' ~ i r I ]•"4ld fbdLran,fdw' ,6' r.i r.p 39. r CC ~i//~ .,,.y11 r.*.p ~p'~(4,,`i Sir 1 ~T7~ K hr,+CE,-~~~,I! ly~'f 7J. rV4 r. . N e 1 EXHIBIT A LEGAL DESCRIPTION WHEREAS, Dennis I<oop, being the owner of Lot 1, Block 1, Cory Oaks Addition, of record in Cabinet C Page 344, of the Plot Records, Denton County, Texas and Lot 2 Block 1 of Carroll Point Addition of record In Cabinet 0 Page 388 of the Plat Records, Oenton County, Texas, and being more partic, lorly described by metes and bounds as follows; 1 Beginning at a 1/2 Iron rod set at the Northwest comer of the above referenced Lot 2 Block 1, Carroll Point Addition, also being the Southwest corner of Lot 1 Black 1, Carroll Point Addition of record in Cabinet D Page 202 of the Plat Records, Denton County, Texas; Thence: S 89033'12' £ 127.41 feet along the North property of said Lot 2 Block 1, Carroll Point Addition, to a 1/2' from rod found in the West property line of Lot 1 Myrtle Addition, of record Im Cabinet B Page 231 of the Plat Records, Denton County, Texas, Thence: S 00'5.'02' W 69.82 feet to a 1/2' iron rod found for the Southwest comer of the above referenced Myrtle Additian, and also being the Northwest comer of the above referenced Cary Oaks Addition; Thence: S 69'28'47' E +59.73 feet along the North property line of soid Cory Oaks Addition, to a 1/2' Iron rod set in the West right-of-wny of Myrtle Street; Thence: S 00'27'57' E 87.82 feet along said right-of-ea to a 1/2' from rod set, and being at the Intersection of the Northwest right-of-way of Ft. Worth Drive; Thence: S 38'19'49' W 163.39 feet along said riaht of-way to a 3/4' square tube found; I t` Thence: N 86'30'06' W 60.05 feet to a 4' pipe found in the East • right-of-way of Carroll Blvd; Thence: N 23'40'446 W 309.77 feet clang said right-of-way to the Point of Beginning and containing 1.045 acres of land. 1 r. 10. 32 X s 1 ' o ~+arl~a • I • •r ~ ~_--ai•u•rr}~+, wwl~a+wa h ~y C a ( Ylrw u•rIw 1 ~ 7t1aa1a~awl ~ _ 3 ~ r w r• • •r / "MANW / •7R711i to Ism ' I t1L / / , •F;, wsax ! N C+ Il rr a} ` f / / t191AU ' n`om' h.• . P • ' 1 / / -Y 1 wM II VI l ti 1 r l - essrr. E 1 I - oanaM an ~ tE 1 1!~ ww rw w 111 rwyr~.~i,~r. r~}~7~~•w a u. w am P w .1 \V4.M r10.f OcaW -Y.n YII-a/O r~ aws,Ynr •~.w. w.Iw-aa+ 11Q.~R~(il'Yf1'Wntl~ .Y. 1• W ~7 1f M'`°i ."""y,' la~am..a.eeow YY nr •i a w war uw ~~YiL.s„~~Ii ~u. ml1Y~r6rYMw/watrl- ~ - I-100-711-1111 •Ir s • a~ • 1 1..~y.1 M~~~' ~r .w • r YRNY re M eu .YO 1 w •Mw-:.1 1 A•a.iY 0.0 y a,'\ rem 32X 19 z 44 Maim mmm.ALWIII1ll~MWLML-w%fiL~ i I L I r Z-98-018 (PC) 151) PHOTOS _ I Y , r Photo 1 Ve,v or Pla--ed Dere%p7ent 157 {PD 1~7( Ico~•-nq North front Ile cc're' of the Carrot 801j'elard, Fo'1 V.o th Dr.e and Cc! r5 Street Inle'scd on. i V Photo 2 Ve.r lcowiry asst across Carroll Photo 3 View looking soi.theast across Fort E4oU'eva'd a! a s nq'e-ra- 'es,jer.ce Worth Drive at another cor1n-e,ca1 property. o L~ , a k 1~ i Photo 4 V e,% of res der! a' p•nperty (zoned PD Photo S V eN of oftce corrp'ex (zoned °D 105 105 for O"ces) on Fyne Street loca'ed to Ye for offices) a'ong Carol 8ouieva,d located to -orlreas! of s.ib,erct pope".y the northwest of siol property J.. -wILwL er, imam o Apeada Na JO . / AGENDA INFORMATION SHEET Agenda item Da!e_V- .iJ r AGENDA DATE: June 2, 1998 DEPARTMENT: Planning Dapartment CAIIDCBIIAC;1i: Rick Svehla, 349-7715 >~'S SUBJECT - Z-98-019: (3311 Teasley Lone) Hold a public hearing and consider rezoning 3311 Teasley Lane (FM 2181) from an Agricultural (A) zoning district to an Office Conditioned (O(c]) zoning district, The 4.996 acre property is legally described as Tract 7 of the J. Fisher Survey (Abstract 421) and is located on the east side of Teasley Lane directly across from Sent Oaks Street. The proposal is to develop offices. BACKGROUND April 30,1998, Neighborhood Meeting: Six (6) residents attended along with the applicant (Jerry Yensan) and the owners (the Kolbs) (see Attachment I Planning and Zoning Commission Staff Report, Enclosure 3, sign-in sheet). StalUescribed the nature of the zoning change to the residents and listed the likei;, conditions to be placed on the Office (0) zoning district, which are similar to those placed on the Office (Conditioned) (O[c]) zoning district located on the north side of the subject property. All residents at the meeting expressed support for the rezoning request as discussed; no one opposed it. May 13,1998, Planning and Zoning Commission Meeting: Staff recommended approval of zoning request Z-98-019 with conditions. The conditions proposed are similar to those imposed on the 2.662 acre Office (Conditioned) zoning district located immediately to the north of the subject property on the cast side of Teasley Lane. In total there are eleven (11) conditions: I . That the total floor area for all buildings on tho 4,996 acres shall not exceed fifty-six thousand (56,000) square feet 2, That no loading docks shall be permitted. 3. That the exterior walls of all buildings shall be constructed of not less than seventy (70) percent brick or masonry materials. • 4. That r; 3 "off-premise" signs (as defined by Section 33.2 of the Code of Ordinances of the City of Denton) shall he permitted, 5. That no direct off-site lighting shall be permitted. 6, A "bufferyard" measuring fifteen (15) feet wide, and comprising four (4) canopy and eight (8) understory trees per each one hundred (100) linear feet, shall be installed along the east property line abutting residential lots. 7. That the maximum building height shall not exceed thirty-five (35) feet. • S. No individual building shall exceed seventy-five hundred (7,500) square feet. + 9. All buildings must have pitched roofs and a slope of no less than thirty (_'0) percent. 10. No parking will be allowed in the front yard setback of any building along Teasley I Lane. 1. ~ 32X111 , 0 1 1 1. The following land uses ordinarily permitted within an Office (0) zoning district should be prohibited, in addition to those ordinarily prohibited by the Office (0) zoning district classification: Primary Residential Use One Family Dwelling Restricted Community Unit Development Dormitory, Boarding or Rooming House Hotel or Motel Educational. Institutional and SRaclat Uus Ik Church or Rectory i College or University or Private School Community Center (Public) Group Homes Halfway House Hospital (Chronic Care) Public Library Monastery or Convent Nursing Home or Residence Home for Aged Occasional Sales i Park, Playground or Public Community Center School, Private Primary or Secondary School, Public or Denominational School, Business or Trade Utility. Accessory and Incidental Us,Lq Accessory Building { Community Center (Private) Electrical Substation Electrical Transmission Line Fire Station cr Similar Public Safety Building Gas Transmission Line and Metering Station Home Occupation Off Street Park!, incidents' to Main Use Off Street Remols Parking Sewage Pumping Station Private Swimming Pool Telephone Line and Exchange Switching or Relay Station i ' Water Reservoir, Water Pumping Station or Well i ' Q Recreallonal and Ent!!ts nment Uses Q Q Country Club (Private) with Golf Course Public Golf Course Public Park or Playground Public Play Field or Stadium I Swim or Tennis Club I i 2. I, { 11 4j 4 Transportation Related Uses Railroad Track or Rlphlof•wey ActrIcultural Ty,pa Uacf Animal Clin'c or Hospital (no outside runs or pens) Farm or Rmcli This leaves the fo;lowing nine (9) land uses that are ordinarily permitted within an Office (O) zoning district that staff proposes should be allowed within this conditioned Office (0) zoning district: Educational. Institutional and SMal Usas Art Gallery or Museum Day Nursery or Kindergarten School Hospital (General Acute Care) Institutions of Religious or Phila dhropic Nature Utli ft. Accessory and Incidental Uses Accessory Building Temporary Field or Construction Office (Subject to Approval and Control by Building Inspector) Telephone, Business Office 1 Rotall and Service Type Us# Offices. Professional and Administrative Studio for Photographer, Musician, Artist or Health ' >lit PRIOR ACTIO /REVIEW (Council. Boards. Commission 1 he Planning and Zoning Commission recommended approval (4-0) of this zoning request ')n May 13, 1998 as recommended by staff with conditions (see above section). ' l1 r I FISCAL INFORMATION • None. I i . ATTACHMENTS t I. Planning and Zoning Commission Report, May 13, 1998, Z•98-018. 2. Planning and Zoning Commission minutes from May 13, 1998, ! • 3. Property Owner Responses (2). • • 4. Drafl Ordinance. E ell 3. Photographs. ~ i i l I 3. V 9 1 I " 41 J2 / Y °I ` ~ 1. t IT 1I Yalll{'ef ~ ~ ~ i + J t i r I wrsw _ . ~ 5 i11.rc.Y'aA.l a. J'd Y1.1 11MiA~+ It .r niXS. Ywr.lA•YIYYIVin~i .....ww •.lYNM~~MIlM1M1~t.ttJVI111P1nMMlh'Ir Y+M1,f.MM e7N MwV.Mr~ ~ rw+s, • 1 1 I F + r + Respectfully sub e Hill Director of Planning and Development Prepared by: 1 Wayne ed Planner a I a I f 1 A II 1 I~ l 1 { 1 vi ( ~f +1 I ~I, 1 I ~ >1 L, a > r ,.r • i Afth I 1 f 4 r 1 Y~ 1 /V{ fdVl r W,fl Nrpurr6r I• 4 t 1 1 r x 1 K ' 4'F~~+QS'u i MI~. 1 tr I A O I t wrrro I ATTA.HMENP 1 I PLANNING AND ZONING COMMISSION REPORT STAFF REPORT _ibIW: Dove Creek Farm Case Number: Z-98-019 I W: Wayne Reed, Planner I Qj.@: May 13, 1998 GENERAL INFORMATION Applicant: Jerry Yensan Landmark Surveyors, Inc. 4238 1-35 North Denton, TX 76207 1 h~ `II Owner: George Kolb ~_+fl _ .1 I 238 Dove Creek Farm t , Argyle, TX 76226 r `r ,r y l t SITE Action: Consider rezoning 3311 Teasley Lane (FM 2181) from an { `?rr ~.1 •I Agricultural (A) zoning district to an Office (O) zoning district. Location: On the east side of Teasley Looe directly across from Bent Oaks Street (Figure . and Enclosure 1). I Figure 1. l os 4.996 acre property Is located in the Size: 4.996 acres. South pan of Denton along a major arterial road. Surrounding Zoning and Land Use: LOCATION zONINO LAND USE North: Office (conditioned) Single-family residence. r South: Agricultural (A) One single-family residence. . East: SI%le Family 7 (SF-7) and Sundown Ranch subdivision - still under Single Family 10 (SF-10) construction. West: Planna i Development 65 Right-of-way for Teasley lane and across (PD 65) the street there are offices fronting the bent Oaks subdivision. Denton Development Plan (DOP): Low Intensity Area # 77 (125% Allocated) 0 Low Intensity Areas are intended to be developed primarily for single family residential development. Neighborhoods are to be sorviced by a network of small commercieltretail centers spaced at about mile Intervals with direct access to a collector type street or larger fhoroughfore. 1 Z ,)C, n1, p,' S,i9 Pgorl J,x I 1 ,r r 10 32 x10 ' r s . o Denton Development Plan Policy Analysis Summary Low Intensity Are Development Rating vs. Policy Sonnwiiiib POLICY COMMENTS ix~s d'in lr ent Consistent retreational ladhties and diversity of parks new Landscape Code. That equates into are provided. 75 trees on the 4.996 acre site, Twenty percent (70) or the property, or one (1) aces will remain perv" Public P&Wpatlon, Input Into A neighborhood meeting was held or, planning by neighborhood associations and Ali 30, 1998, at which six (6) residents X councils Is it couraged. attended along with the owner and sppfiant, Land i Wyeralty. Nonresidential and This property b just under the 5 acre limit rrxAb-family development is eno"aged to proposed by the DDP as appropriate sl7r; a Ilnwted degree. of non-resdentat development In these X areas. However, H is well within l5 We of other non-residential development. Manufactured Mowing. This form of Not ariolable. singte-family hms rig rray be compaWe with developments In the taw intensity areas sLb)el to conditions, Strip Commercial, Any fora of Although the Applicant does not intend on continuous strip canmerda' is strongly developing a strip commercial center, d'scouragod In/a near lo.v intensity areas, owe are 10 restrictions wANin a straight X cow erdal inning district From t?m developing one at a later time. BEI,xOMMENDATION Staff finds that this office development would fill an Increasing demand for basic services in this rapidly growing low Intensity area. Staff recommends approval of Z-98-019 with the following conditions in order to mitigate the inconsistencies of the request with the Denton Development Plan. MOTION I move to recommend approval of Z-98-019 with the following conditions: 1. That the uses described In Enclosure 4 shall be prohlbiteld within this district, in addition to those ordinarily prohibited by the Office (u) zoning district classification. 2. That the total floor area for all buildings on the 4,998 acres shall not exceed fifty-E'X thousand (58,000) square feet. 3. That no loading docks shall be permitted. 4. That the exterior walls of all buildings shall be constructed of not less than seventy (70) tD percent brick or masonry materials. t➢ i 5. That no "off-premise" signs (as defined by Section 33.2 of the Code of Ordinances of the City of Denton) shall be permitted. 8. That no direct off-site lighting shall be permitted. 7 ,pi 019 yr Srnn R.r.:xr drw 6. K 10 32XIL1 r o , r A Denton Development Plan Policy Analysis Summary Low Intensity Are Development Rating vs, Policy POLICY COMMENTS Incorr stenntt I e Somewhat k Consistent recreational fadllbes and diversity of parks new Lardscape code. That equates into are provided. 7S trees on the 4.996 acre site. Twenty percent (70) of the property or one (t) sae will remain pervious. Public Participation. Input into A neighbor food meeb'r,q was held on planMrg try nHghbafxod amclaWs and Apol 30, 19x,6, at which six (6) revdents x courldls is encouraged. attended atong with the owner and applicant. Land Use Dlvorsity. Non-residenbal and This property Is )ust under the S sae Brit rnulb-famlly development s encouraged to proposed by the DOP as appropriate sire a United degree, of non-residential deveopment in these tt areas. However, It Is well within yr mite of other nonresidential development. Manufochrreid Housing. This form of Not applicable. „ single-family housing may be compatible vAth developments In the low Intensity areas subject to tondbons. Strip Commercial. Any form of Although the applicant does not Intend on mibnuous strip commercial Is strongly developng a strip commerdai oenrer, discouraged INon near low Intaisity veas, there are no rest Mrs within a straight x comrr,erde ioniny dsWa from developing one, at a later bme. RECOMMENDATION Staff finds that this office development would fill an increasing demand for basic services In this rapidly growing low Intensity area that is exp^riencing rapid growth. Therefore, it is recommends approval of Z-98-019 with the following conditions in order to mftigate the inconsistencies of the request with the Denton Deveir nment Plan. M41l411 , I move to recommend approval of Z-98-019 with the following conditions " 1. That the uses described in Enclosure 4 shall be prohibited within this district, In addition r to those ordinarily prohibited by the Office (0) zoning district classification, j 2. That the total floor area for all buildings on the 4.996 acres shall not exceed fifty-six thousand (56,000) square feet. 1 That no loading docks shall be permitted. 4. That the exterior walls of all buildings shall be constructed of not less than seventy (70) percent brick or masonry matorials. O l 5. That no "off-premise" signs (as defined by Section 33.2 of the Code of Ordinances of the City of Denton) shall be permitted, 8. That no direct off-site lighting sha l be permitted. 7 9H 019 F'Z 4ii l ~i AI ik,r i i 7. rry 25 32xI~ rim- ~I r t • WASAffla u. :.'va r < ~r.w,"w+.rrm.,...aen:.. r _ ru.., a:•".i.. a"wrwr arr"ser rs,row a".m. .w.+u I F7. eryard" measuring fifteen (15) feet wide, and comprising four (4) canopy and e!ght erstory trees per each one hundred (100) linear feet, shaC be Installed along the roperly Ilrie abutting resktential lots, e maximum building height shall not exceed thlrty-fNe (35) feet. ividual building shall exceed seventy-flue hundred (7,500) square feet. 10.AII buildings must have pitched roofs and a slope of no less than thirty (30) percent. 11. No parking will be allowed in the front yard setback of any building along Teasley Lane. ALTERNATIVES 1. Recommend approval as submitted. 2. Recommend spprovai with conditions. 3. Recommend denial. 4. Postpone consideraWn. 5. Table Item. ENCLOSURES ' 1. Location Map. 2. Zoning Map. 3. Neighborhood Meeting Sign-In Sheet, 4. Prohibited Uses. 5. Ordinance 96.187 conditions. 6. Ordinance 97-057 conditions. ~ f 7 ` b9Nfll9 P! 5'a9 Ra{rrt,da ` c 1 i , ~ 32 X END, ~L 1 o i .w..r~nMh(Y M.pF.7,ntIwMTHYMR~/RVMi ...:.y V:, le.W'A'41AN}•R'PW.~_ . , aV.,d'Y^.•eytr .rl +nwM.:..,._. MV-!0'YNN^M-NJ~ ~ r'} I ENCLOSURE 1 NORTH Z-98-019 DOVE CREEK FARM i J~ ~ I SITE: 1 f j a ' I LOCATION MAP u 1 0 t DoW May 13, 1998 Scala: None ~e 1 P 10 32X i 0 ; ENCLOSURE 2 NORTH ( 98.018 DOVE CREEK FARM - a -PD ~i ula,l N SF-7 :`m 45 'row. PD PD 16 Otc1 18 8 I ;,Y I I i48v~ SITE lLTrlu~ t r III(/L I 1> SF-10 I a I , o q o o ZONING MAP i Date: May 13.1998 &Wm Nme ~ x ' o t. THE CITY OF DENTON PLANNING AND DEVELOPMENT DEPARTMENT SIGN-IN NEIGHBORHOOD MEETING t-98-019 PLEASE DOVE CREEK FARM PLEASE PRINT YOUR NAME MAILING ADDRESS PHONE ELECTED ORGANIZATION Check here NUMBER Oi-FICAL (IF ANY) to be put on ESINO Mailing Llsl ~~c21~ 7G2z G G _ ,t! ts~~~- 13/1 " Zb 1910 dtA ~11~11~1e1'e~' 3~a - 1 1G_2~~! ~3✓+S✓~r+ /}2_~t: 5-35 N. _ 3fi2 ~1c~,6 LF).OM~LICy(✓a at .y . ({f~{In.►"t,~, law, + ils7-Iz ` r I xp (~dp 1♦ r I.ocotiomCi~f ~ £S Datr ~ h 0 32' 1 ~v O i ENCLOSURE 4 List of Prohibited Uses One Family Dwelling Restricted Community Unit Development OormAory, Boarding or Rooming House Hotel or Motel Church or Rectory College or University or Private School Community Center (public) Group Homes Halfway House Hospital (chronic cae',) Hospital (acute care) Public Library Monaslery or Convent Nursing Home or Residence Home for aged Occastonai Sales Parl, Playground or Public Community Center School, Private Primary or Secondary School, Public or Denominational School, Business or Trade Community Center (private) Electrical Substation Electrical Transmission Line Fire Station or Simllar Public Safety Building Gas Transmission Line and Metering Station Home Occupation Of-Street Parking Incidental to the Main Use Off-Street Remote Parking l Sewage Pumping Station Private Swimming Pool Tetephone Line S Exchange Switching or Relay Station Water Reservoir, Water Pumping Station or Well Country Club (private) with Golf Course Public Golf Course Public Park or Playground Public Play Field or Stadium Swim or Tennis Club Railroad Track or Right-of-Way Farm or Ranch Arlmal Clinic or Hospital (no outside runs or pens) * Cemetery or Mausoleum Fralernfty Sorority, Lodge or Civic Club Home lur Care of Alcoholic, Narcotic or Psychiatric Patients Public Building, Shop, Yard of Local, Slate, or Federal Government Radio andlor Television Microwave Tower Water Treatment Plant Airport Landing Field or HeAport Commercial Parking Lot or Structure ` i Cafeterla . Mortuary or Funeral Parlor • Restaurant SclenliGo or Research Laboratories 12. Mulatto" NUNN" 0 WV1WW I ENCLOSURE 5 ORDINANCE NO. aG-1 d ! TION 1,. That the zoning district classification and use designation of the 2.6662 acres of land described in Exhibit 1, is changed from the Single-Family 16 (sr-16) zoning district classifi- cation and use designation to the office conditioned (0(c)) zoning district classification and use designation under the cooirehensive zoning ordinance of the City of Denton, Texas, subji:t to the following conditionsi 1. That the uses descriLed in the list attached hereto and incorporated herein by reference as Exhibit 21 shall be prohl.bited within this district, in addition to those ordinarily prohibited by the Office classification, or ;n, other condition listed herein. 2. That the total floor area for all buildings constructed on the 2.6662 acres shall not exceed 30,000 square feet. 3. That no loading docks shall be permitted. 4. Ttiat the exterior walls of all buildings shall be constructed of brick or brick veneer. 51 The owner of the property shall maintain all trees larger than two inches (211) in diameter which are located within ten feet (101) of zny ppropperty line, other than a property line fronting Lillian hiller parkway, unless such trees would interfere with any required fence. { 6. No "off-premise" signs (as defined by Section 33-2 of the -Code of ordinances of the City of Denton, or its succes- sor) shall be permitted. 7. No direct off-site lighting shall be permitted. e. A "bufferyard" measuring fifteen feet (15') wide, and comprising four (4) canopy and eight (a) andeshall be trees m- per each one hundred linear feet (loo'), lines of stalled along the western and southern property the acreage described in Exhibit I. 5. There shall be no second story windows allowed on any -44 western-facing facades of any building, nor any second 10 windows on any southern-facing fecade within 150 a southern property line, on the acreage described in Exhibit 1. 10. Maximum building height shall not exceed two (2) stories) however, no more than ten thousand square feet (10,000 ft.'), in the aggregate, s,ay be located on the second stories of all the two-story buildings. 11. No individual building may exceed 9,500 square feat in 1 floor area. 12. All buildinga must have pitched roofs, and no roof surface may have a slope of less than 301. 13. A minimum eight-foot (e') tall solid fence shall be erected and maintained on the western and southern bordera of the property described in Exhibit I. 13. ` Now WIMMMUM ' a I R I i i ENCLOSURE 6 { { J i ~`~-dS7 ORDINANCE NO. 1. That the uses described in the list attached hereto and 1 j incorporated herein by reference as Exhibit B, shall be prohibited within this district, in addition to those ordinarily prohibited by the office classification, or any other condition listed herein. 2. That the total floor area for all buildings constructed on the 3.21 acres shall not exceed 45,000 square feet. i 3. That no loading docks shall be permitted. 4. That the exterior walls of all buildings shall be constructed of not less than 70% brick or masonry veneer. 5. That no "off-premise" signs (as defined by Section 33-2 Of the ^_eda of Ordinances of the City of Denton, or its successor) shall be permitted. 6. That no direct off-site lighting shall be permitted. { 7. A "bufferyard" measuring fifteen feet (15f) wide, and comprising four (4) canopy and eight (8) understory trees per each one hundred linear 'eet (1001), shall be installed along the east property line abuttinn the residential lots. 8. That the maximum building height shall not exceed 35 feet. 9. No individual building shall exceed 7,500 square feet. 10. All buildings must have pitched roofs, and no root w, surface may have a slope of less than 30%. . 11. In addition to any streetyard landscaping required by the Landscaping, Screening, and the Tree Preservation Ordinance, an additional tree per every 50 feet of frontage along Teasley will be provided. 12. No parkin,?q will be allowed in the front yard setback of , any buile~ ng along Teasley. NI 14. w 25 x la 32x111 A ' o xasminta Planning and Zoning Commission Minutes 113.1998 ATTACHMENT 2 Page 37 of 60 C{ark. ""w' n, it the insets are-in earn cases, they are modifying their parking lots to help us with that I The em to be Dreny positive about it Mr. Engelb ht. But possibly we would reef to change the subdivision regulations to require s e covered structure? Mr. Clark. Yes, unles my are aware of some issue That prevents that, I think that it would hurt. Are there any legal issues that exclude t from subdivision regulations? I Mr. Engelbrecht. Well, that is so hing that we can..,. Mr. Marlin. 1 am not aware of anything his time, That is probably so ing that we would have to lock at hard before we try to pursue that particular evenu Mr. Clark It is a little different kind of infrastructure, I prob we could gel 4 put in. Mr, Engelbrechl, Thank you, { Chairperson Schertz We really appreciate a body's time '.n oil. I know that it is a little dry at times, but we put some volume of work that is incredibl o, pleaae know that we reciata it. { Mr. Fortune, We thank you all for r lime. II Chairperson Schenr We ly do. Thanks Mr. Donaldson. J a remind the Commission that at the May 271h Commission meeting, n, we will conduct the public hearing d make a formal recommendations to the City Council. Chavp on Schii Thank you, that will Complete our CIP information Is there anyone else in the a rice to at coo like to make any further comments on line CIP projects and programs? Seeing none then it will conclu . and I nk everyone again for their time 7. Hold a public hearing and consider making a recommandallon to the City Council concerning rezoning 3311 Teasley Lane (FM 2181) from an Agiiai ral (A) zoning district to an Office (0) zoning district The + 4.998-sere tract Is legally described me Tract 7 of the J. Fisher Survey (Abstract 121) and Is Touted on the east slds of Teasley Lane directly across from Bent Oaks Street The pros is to devsicp offices. Chairperson Scherig To resume our public hearings. we will address Item 7, 1 will open this public hearing Hold a i public hearing and consider making a recommendation to the City Council concerning rezoning 3311 Teasley Lana ' from an Agricultural zoning district to an Office zoning district . The 1998-sue trail is tega y described as Tract 7, of the J Fisher Survey and is located on the east side of Teasley Lane directly taess from Bent Oaks Street. The proposai is to develop offices. Mr. Reed will be conducting this item. Mr. Wayne Reed presented staff report lh, Reed Thank you, Madam Chair. The proposal before us concerns the property going from Agriculturel to • Office The request was for straight office zoning district I will describe the site for our audience and the surrounding existing conditions. To the north, we have a property [hat has been toned office conditioned, I will gel into the conditions of that particular zoning district in a little bit. To the west, we have the Bent Oaks subdivision and immediately in front of that part of that planned development zoning district included two lots for office, There arm two office structures, one on each side of Bent Oaks Drive. To the South, on both sides of Teasley Lane, we still have residential development, On the east side of Teasley, immediately south of the note, Is a single-family r residential home; and across Teasley Lane to the south of the property is w manufactured home park. Of course, to the east, we have new development and that is Sundown Ranch with hundreds of lots, and just fo the northeast Is Wind Aver Estates Now, [hose two subdivisions we have approximately 500 single-family lob. This IS, of Course, a 0 ' low-intensity area, and low intensity areas are mean[ primarily for residential development, The proposal before you 4. tonight is for a non-residential development in it capacity that serves so a neighborhood se vice area, This property sal was annexed in 1983 and was toned Agricultural and has remained as Is to today, I will go Aver how this particular proposal is consistent with and inconsstenl with eiur current 1988 Denton Development Plan. It it, of course, inconsistent in its intent it is for non-residential development since the phmary Intent Is for residential, staff has ~rP i1!~ ~l 2){10 Planning and Zoning Commission Minutes May 13, 1998 Page 38 of 60 noted that 11 Is Inconsistent. The intensity of this particular proposal as proposed by the applicant was significantly higher in trips per acre per day than low intenstty is meant to serve, Staffs proposal, however, by limiting Colrain conditions of Nis zoning district, has essentially reduced that intensity level to 600 trips for the entire site, which is about 200% of what it would be 0 it was residential development. Site plan control-tho request is somewhat inconsistent since a straight zoning district does not require site plan approver. The office zoning district could lrevelop in a way that Could be insensitive, So, staffs recommendation Is to place conditions on it that would mitigate some of the issues. Land use diversity-this proposal is simply rot non-residential and not for a mixture of land use. Last but not least, fl could be conducive to strip commercial development, however, staffs recommendation with conditions ateo o9sets this issue, So, I will get right to the recommendation, We •ave attached eleven conditions to the proposal for an office zoning district. What staff has mentioned is that in the report I mentioned that there la a couple of other office zoning districts along Teasley Lane that have had Conditions placed on them, In looking ■t those conditions, we felt that it was appropriate to list very similar, if not exactly the same types of, conditions on this. What starts to develop is, In a sense, a nice little node of consistent office development First of all, staff has limited the uses within an office zoning district to nine from the long list of all the land uses allowed w4hin Office. Those nine uses are generally described as educational, institutional and special uses; utility second, utility accessory and Incidental uses, and third some retail and service type of uses. Specifically, the uses that will be permitted d this is approved is on art gallery or museum, a day nursery or kindergarten; hospital for acute cars which is for the treatment for patients for their health and not for long-term illness; for institulions of religious nature; accessory buildings, temporary field or construction offices: telephone business office a primary use that Nis would be used for Is an office or professional and admiMStrative nature; last. a studio for Photographers and musicians, artists or health professionals. Those are the nine specific uses that staff is recommending to be allowed in this conditioned zoning district. By doing that, it serves more as a neighborhood service area rather Nan a general office zoning district, which opens up the gamut if you have looked over the prohibitive uses. Some of those do not necessarily serve neighbotood Secondly, staff has also recommended Nat the square footage-to limit the density that the square footage on the (inead+ble) masonry materials on the outside. Staff has recommended that In this pa4icui2r situation as well, The fifth condition is somewhat negated because our current sign ordinance has put a ban on off-premise signs, so staffa recommendation that no olf-promise sign be permitted is actually not necessary anymore But that was contained within Ne previous Conditioned office zoning district. We also made a provision for io direct off-site lighting so that no surrounding residential uses are impacted by Intense lighting We also allowed for additional buffering along the perimeter where residential use would be located in relationship to this site In the capacity of four canopy and eight under-story trees per 100 linear feet. On the map on the document earners. that type of screening along the east boundary line would duplicate the screening along the office zoning district just to the north of this one as well So, what you will have then is continuous screening along - ' the east property line or these two areas Simiiar to the office zoning district Immediately to north is that no parking shall intrude on the front yard setback, which is 25 loot. That also will help to Contribute to maintaining on attractive corridor along Teasley. The maximum building height has been limited as In the other office zoning districts, to 35 feet or about two slories. Each Individual building site Is limited to 7,500 sgwn feet which Is identical to the other conditioned office zoning distrels Also. that pitched roots be required 1o that Its nature and appearance Is sirdlor to that of residential development as opposed to flat root development, which Is typical In strip commercial development. So, staff recommendation is for approval with these Conditions and at this time I will answer any questions ^ Chairperson Scheri Any questions? rdr. Engeibrechl Was the list of permitted uses in our back up? M• Reed No, actually I put a list of prohibited uses, but I should have attached permitted uses as well. Sorry about { that. Mr. Engelbrechl. Would you dust quickly run down those again? y Mr Reed No problem, First art gallery or museum, day nursery or kindergarten, hospital (a general acute care, institutions of religious philanthropic nature, accessary buildings, temporary field or construction offices. telephone and business offices, offices of professional and administrative nature and 1451, studios for photographers, 0 4 musicians, allies and health professionals. Mr. EngelbrochL What is art accessory building? k li i ?5 x 32XIO 0 ieaarw c Planning and Zoning Commission Minutes May 13. 1998 Page 39 of 60 Mr Reed. A building which is incidental to the primary use of the property-in this particular case, it could be one for storage, it could be a garage IS well. Mr Engelbrecht Ckay, an accessory buiidir-g would be ollewed so long as there was a main building on there? Mir Reed Correct. Under the way the current ordinance is written, an accessory building is related to the main structure and the main structure is suppose to come fast. - Mr. Engalbrechk Okays and temporary construction? Mr. Reed. That would only be used in the interim period during construction of the amat site. That Is what that is for Mr. Engelbrecht All right. No direct off-site lighting was the condition number six. I am not cer!ain what that means I exactly? Mr. Reed. That would mean all light would have to be directed on site, not off site Mr Engelbrecht. Okay, that is what I~ Mr Reed, That is so residential use is not Impacted 1 Mr Engelbrecht. All right Mr. Donaldson, That is the old version of the how standard language that we have kind of come up with about defusing light into night sky, Mc Engelbrecht Okay, I lust was not sure. I was trying to figure out how did you get light on sale to start with to ' shine onto anything and going the other way. Condlion number 4, 70% of brick or masonry materials on the exterior walls-how did we lake into account windows in that case? Does that preclude Ihoi-In other words, whatever Is left or in essence 70% has to be, to that limits them to 30% windows7 fill, Reed Actually, i read that as the material of the wall, which does not include your whodow arts, must be masonry material Mr. Engelbrecht Okay, that was whal I was trying to understand what our standard says to get a better sense of l what it could be at build out. 'I Mr. Reed Clearly inlen led to limit the materials used for the wall surface not for the windows or to Include the window material Mr Engelbrecht So this could be a building, which Is all glass, one story high, with aluminum doors, which basically we call strip commercial? And it would meet this exterior Code? i Mr. Donaldson It would have to hove a pitched roof of not less than 30 feet. r Mr Engelbrechl Okay, strip commercial with a pitched roof? Well, the noinl is lust becouse-my history with all of this is that this came about because of a desire in essence to limit the @ ie,dard aluminum, glass, strip commercial faublies and so it just occurred to me that I am not sure if in fact it does. M,, Reed The wording of the conditions U identical to the wording for the district just to the rl however, II is slightly dMerent than the wording for the office toning district lust south of liUVan Miller We could use the! wording that simply states that the exterior walls of all buildings shall be constructed of brick or brick veneer, which I think 1 makes it a little more pear that you cannot have a completely glass fi i Mr Engelbrecht Well, if In fact this Is Interpreted, meaning that n Is anything other than glass, then you really could get away with that You could put all glass with a pitched roof, basically a strip commercial abler and make n. I am not saying anybody would, but Dust realized that..,, Mr Reed I see what you are saying, and you could state that condition both woys-that k must be made of masonry materials N least 70% and that glass cannot ton slilute more than X amount. I I I j r ~Q 32x~Q , s ' o a~tesna Planning and Zoning Commission Minutes May 13, 1098 Page 40 of 60 Mr. Engelbrecht. And my concern is not necessarily with the immediate building, but once again you have to look down the road at whatever could happen. Mr Reed Very good point ' Mr. Donaldson. And the material that you have for the corridors ordinance-there Is language that places a cap of 50% and a minimum of 20% of glass on fagades within the overlay toning distriel. That is the constanl that you were wondering about, i Mr. Engebrechi Thank you One other item-was there any allempt here to look at developing some n-sits traffic between this and a neighboring office district Mr. Reed You mean some joint access issues? Mr. Engelbrecht, Right, Mr. Peed No That would be more of a plat issue rather than a toning Issue and et the time of devetopment Ihese two properties could be platted together and the developer could essentially develop them slmullaneously. But, no, that was not addressed in this particular staff reporl Mr, Engelbrecht. Okay, I know That that was brought up in this other case, the toning case that we had here. I know chat historically, at least for the lost decals, that has been a goal to encourage on-site traffic management I don 'I know if staff is bringing that up to the dever.purs os they are coming along or not and saying 'Hey guys, when you let to otiiI plan on this,' N'. Reed There 1s a key difference between the case you heard earlier and this one Mr. Engelbrecht, I understand that, Those are not the same cases, Okay, thank you. Mr. Reed You are welcome, Chairperson Scheele, Commissioner Gourdie. Ms Gourd-e Yes, could you please describe what a telephone-something business Is? Mr Reed. Sor-,ething like your GTE business office structure, Ms Gourdio What about all of the telemarketing businesses? Is that included in this? Mr Reed It is generally not interpreted That way. I Think Eddie could answer that better than I, but I believe that that would fal under the some description, Mr. Morin I do not see the exact wording in front of me, but to say teleplil do not know if you an Interpret it as a telephone business or o telephone service, I think there would be Something distinctive between a company like GT a end Southwestern Belt and just a telemarketing service, which just uses telephones as pan of their Mines; I do not know if the wording makes that distinction clear, but I Think that there could be a distinction made • behveen the two things Ms Gourdie. Because I would really like to see the distinction, because I see up by UNIT a lot of Wairmarketers who have seventy spaces filled with perking If it Is not defined we could be In big trouble down here Mr Martin Although I Ihlnk hat-1 don 'I know of the other genera[ categories of office and stun like thol, but we also might be able lo-telemorketers might be in a category by itself r Mr. Donaldson Office for the conduct of a business • Ms Gourdie Thai It what I am worried abe It is that we had this discussion earlier about Wayne had Spoken about that sometimes offce buildings produce lets Iraffic than residential will do. t look at this and I think--4ey nursery- well, we will have ten people to come in there to watch the chitdren, parents dropping their children on between 7 00 a m and 800 a m. They whit be coming back treNveen S 00 p m. and a 00 p I to pick them up Thal is a lot of children, I would say about 20 or 30 kids that you're gong to have working there, to that is going Iia be pretty Intense 1~ . 71 M112 fD • 0 rarwaes , Planning and Zoning Commission Minutes May 13, 1998 Page 41 of 60 ' I there. If you have hospital or acute care-well, who knows what is going to happen in Ihat department. Religious institutions-Saturdays and Sundays would be lust heltacious Accessory buildingil understand that. Telephone business-we do not know what this Is defined as There are loo many marketing comronies here in - Denton who have taken over the Baptist church ON of Oak; they have to borrow their parking. They just u,ught land to add more parking Then you have seventy spares vat they need to make all of the telemarketing cells that they have to do If we do not define these end make sure, then what we are going to do is we are going to let them have whatever they want and then we are not going to have enough parking for Ihem. That is my concern Is how do we m Ae 'ure that there Is parking-there is no road parking-that these people's residential houses are not gcing to ha e overflow because the parking lot is not sufficient to handle the nine opportunities that we are presenting here. Sc I Just need some clarification I guess Mr Reed. In looking at our zoning ordinance, we do provide definitions for all of the other uses that I listed as peimitted, but we do not have a specific definition for the telephone business office. So IF Is vague and our zoning Ord fiance does not clarify [hat We could emit that because under the use of offices for professional or adr iinistrativo I Think that Is go,oral enough to all Ow fora telephone business office. But Then I think also that this lele norketing fits into the genr,ral office category , fits. Gourdle, Right; to, I am just wondering because it Is a new trend where we do business now; that is how we do business So my question is how do ws h[ our bu'dings and our desires for offices and parking into new trends that demand high-volume employees? This Is just a question thol t am throwing out there. When I heard you say that, it % just all of the sudden made me realize that we had a situation hers that we might be opening ourselves up ;c in five years We will not have enough parking, neighbors are going to too calling up and saying this is going on with thrl office complex. So, I am just frying to keep it from happening d we can void doing it. Mr, Reed. Now, if you are concerned about parking and Iraffc-as far as parking goes to have a high number of employees, you would have to have some relationship to a high square fxlage, and, of course, the parking Is related to the square rootage for offices, Ms Gourd a Wetl, people that sit In little cubicles-mind you, they do not get offices they are In cubicles-so, you can put ten people In filly square feet to make the phone calls. So, that Is not the Issue; the Issue Is that it i4 very probable to have happen I guess I am pushing this to a point; but I would just like for us to be aware that as we are ` developing, as more and more people are coming in saying, *1 want to have offices or I want to have genera? retail,' we need to start thinking about what can really go in here and how that is going to affect our city and our neighborhoods. i, Mr Reed 1 agree Ms Gourds. Thanks. Another question--I am sorry-so, you say 35 loot maximum height Old building? Mr, Reed. Correct Ms Gourdie. Does that Include the pilched roof or is that the pitched roof In addition to the maximum height of the l - ; building? Mr. Donaldson We measure maximum height to the top of the plate line That would not Include the pitched roof Ms Gourdie So, you are saying that 35 feet is about two etorles? i Mr. Reed That would be three. I em sorry Ms Gourdie. All or the other ones were of 35 feet, because I do not remember,,. Mc Reed The one in the ordinance that I enclosed In the report i Ms Gourdie. The 98 one-right? Or the 91.051 says 35 foot maximum building height , Mr. Reed. Right. + t Ms. Gourdie. And the one bairn that says 'not to exceed two stories.* i 1 1 ~p} tJ IY6'~~y a... t ,5 < 10 32XIO e , aM ' o ( r Planning and Zoning Commission Minutes May 13, 1998 Page 42 of 60 Mc Reed Correct. The wording that I have for a condition matches the conditioned offce zoning district immediately to the north, to that the nature of these two, which abut one another, are idenlical-so that the development may be similar in nature and maybe a total development could occur in the fashion that makes appearance compatible, But at least they are consistent in that area. Ms Gourdie. Well, there is one right to the north of the one that is before this one that is no more than two stories, so, I mean, that is illogical in the sense that we dictate-again, to be honest with you, I do not really think that we should have three story buildings in a neighborhood. I am really surprised that this property got it, because I [nought i we fought tooth and nail not to have above two stories. So. I am very pert Iexed that they got an opportunity for a !i three-story, building in there because I remember the meeting very well, a id we were just adamant that it not be three stories. Mr. Reed. Each building is limited 10 7,500 square reel, -id I think that that will also influence just how tall the building gets 7,500 square feet-you spread it across two stories, that is only 2,750 square feet for a floor, and, for an office structure, that is not very large. But they maybe can make it three stories Ms Gourdie, Right, okilyr. I was just needing to understand it. Thank you. Mr. Reed You're welcome. Chairperson Scri Thank you for your time, Mr. Reed. Oid anyone else have any questions? Ms Apple I just want to request a brief break. I am in dire need of one, Chairperson Schertz That is my nest question, Ihank you ` Mr. Reed Thank you Chairperson Schertz. We are going to take a very short, five-minute break, and we will be right back. The Commissioners lock a break f The Commissioners reconvened. Chairperson Schert: Good evening. we are back again, and we are on Item 7. We have heard from Mr. Reed and now it's time for the petitioner to please address the podium. Me Yensan My name is Gerald Yensan, owner of Landmark Surveyors. I reside at 1113 B+sl i Park, about three blocks from the site. I woule like to comment first of elt-I have seen on numerous occasions developers getting reprimanded here in Planning and Zoning for not doing their homework and going to talk to their neighbors first We held a neighborhood meeting and in that neighborhood meeting, four or five couple showed up. Everybody was actually in favor, nobody was opposed Part of the reason we wanted to do that Is [hat if somebody was to show up at the Planning and Zoning Meriting in oppocition, they would have had an opportunity to come to a neighborhood meeting However, in leaming That in the future that when we have a neighborhood meeting, we are going to need to invite planning and Zoning members so they can also voice their objection, on something that we ourselves have no earthly idea what we want to do yet-we are just trying to get the zoning In place. I just wanted to make that so a comment Another comment that I would like to make 4 that at that neighborhood meti we discussed office zoning we did not discuss conditions About 20 minutes ago. I received some condition that I had no idea were being incorporated into this request B even says in the fern 7, from an Agricultural (A) zoning disc 10 a Office (0) zoning district, but it sounds like we are talking about in Office (0) with conditions It does not even say on this sheet. so we are somewhat caught ON guard However, we really do not object to the Conditions, we do not object to the first ten of the Conditions Item 11 we do strongly object to for two reasons first reason Is WO have file Mores that we do not have a silo plan for yet, and we do not know what we want to do with the property other than put 0 . offices there There are about-I have done a bee surrey for the new requirements and there Is something in the t . neighborhood of 350 trees on that Site that are 10 to 12 Inches in diameler. At this point, we do not know-we may +ti need parking space up front, we may wanl to keep the ii as i buffer In the back with some nice trees between us I'd the residential area For us to blanket restrict ourselves for the first 25 feet of being able to use that property creates a potential problem. Soaondly, directly across the street, the Bent Oaks oRKe park has parking right up to i 1_. 0 i Planning and Zoning Commission Minutes May 13, 1998 Page 43 of 60 the orcperty line, and t do not think that we would be inconsistent with the neighborhood in asking that we strike rurrbor eleven from this, Wo would be perfectly willing to comply with all ten other conditions that are being imposed on us here. Having sale 'hat. I think we are consistent with what h actually happening in that particular a !a, and I will leave It that we will be available for questions and at least one of the petitioners is here also available for questions. Chairperson Schanz: Anyone else Ic speak in favor, anyone else to speak in favor? Anyone in opposition, anyone to speak in ^pposition? Seeing no opposition, I would ask Mr Reed to make any last comments, Mr Reed. Just one. Mr. Yensan and I have worked on several different things logelher-primarily plats He Is a very good businessman, but I would like to make d clear that at this meeting, N was to discuss a coning change to office. At that meeting, I provided a copy to the applicant, 1 cannot recall if I provided one to Mr. Yensan, of ordinance number 97057 with the conditions, which I duplicated for this particular staff recommendation. I made those conditions clear at line meeting, and also when I handed him a copy of tho ordinance, I said, V you have any problems with those conditions, just lei me know,' That is all ' Chairperson Schertz: (Inaudible) Mr Read. The 25 fool? To make a consistent with the zoning district to the north. The overriding reason Is to say that they could not provide for half parking within their front yard setback, that Is typical. I merely Included that in the report to make d consistent with the office zoning dlstu~d to the north, Staff would not be opposed if that was removed or reduced, Chairperson Schertz I guess I am giving some thought because I am familiar with-you ptuked the north; you could t' have picked across the street, which has this parking, And then I thought you made a valid point when you were liking about Trees: you want some flexibility. It we do not include number eleven, will we see N again when they have a plan ors design sketch? Mr. Reed Correct; and they have to 125% impervious surface now because of our new landscape code, to removing it will not be detrimental. Chairperson Schertz All night, l just appreciate those comment. Thank you for your clarification. Any other comments? Ms. Apple I Just have one quick question. Did anybody return a rail , out of the fourteen property owners? Mr. Reed. One Is a Mr. Bryce, who indicated that he no longer owned property within the Bent Oaks subdivision; he was the only one that actually responded Ms Apple Okay, Chairperson Schema, Any other comments of questions? Mr. EngelbrecM: t have one. The item 11--the condition would be consistent with the proposed enbanceway ` corridor ordinance, of would it not? Mr, Reed I could not comment on that; I do not have enough time to study that adequately, Mr Donaldson: The draft that you have proposes a 2S and a 1 S-foot setback that would not allow any parking within IN V. r Mr Engelbrechl. The front Mr. Donaldson Yes: along the corridor x r Mr. Engelbraua That area It classified as an antranceway by that adinance, as I read k? Mr. Donaldson Yes Mr. Engelbrechl Okay, r ` 2L 10 32XId I • awraiarra - o Planning and Zoning Commission Minutes May 13. 1998 Page 44 or 6o Mr Donaldson Which would be an overlay zoninC condition as the ordinance is presently drafted, Chairperson Schii Thank you At this time, I will entertain any further discussion or a motion, please. r kls Gourdie I would like to discuss something with my fellow Commissioners here. Actually, Mr Reed, could you do me a favor? Could we gel the camera on with that picture of the office that says what the minus is? I just want f, let you all know that this road-I drove it the other day because ; tried to figure out from all of [his development that has been happening how many office buildings we have I understand what strip commercial means to me; side-byi side office cen,plexes is the exact same thing to me as strip commercial. It may not be owned by the tame person, and it may not be the same building. but to me that is strip commercial. That is strip office buildings, we're lining the road with non-residential things. I )ust wanted to let you know that when I drove from Interstate 35 down to Bent Oaks where this property is going to be, it to a little over a mile long. Out of that, the only part of land that will not have some type of commercial or one side or whatever is only about four-tenths of a mile that is not commercial or not stated to be commercial or whatever The Hunter's RidgerNnd River has eight acres worth of commer:ial office coming up Bent Oaks will have Eve acres dwe approve this Acros, the street from VYrd River is a general retail of eight acres that is zoned that way, And we have another case coming up that also wants to put offices in. Two- tenths of that feur•lenths of a mile more-eo, whal we are pretty much saying is that we are lining Lillian Miller with ' offices I am just asking you-is this what our intentions are when we say muiti•use or mixed use? And what my question Is-when do we say enough is enough There is a little piece of land next to [his property, which is currently that little triangle-are they going to come forward and say, 'Well, gosh, I am now surrounded by offices and they are not doing me any good, I P- going to sell this. and I want offices too.* I am Just wondering what you all feel of-when do we say that we have ulfiled the mixed use proposition and we have done what we have preached. When do we say, "Okay, this just Ci i happen anymore?' I was wondering because I drove through Denton, and there is no other place that lheie Ir. almost a mile worth of offices on either side of the road unless you look at University Drive, which we know vi a big mistake the way that happened-no landscaping, McKinney has exactly the same--little homes that became offices and things like Ural. I was just wondering how you all feel about making Lillian kliller an office corridor, w. i,ch is what it is going to be pretty much. There is only two-tenths of mile left pretty much give or take a tenth of ; snit Thal will be lust res,:ential, which might not even be that, There is that nine acres thats up probably rot naxr week; who knows what will happen to the last four acres. So, does this hake any sense to Anybody? What I am saying is that we are setting a precedent so that now any major road trial comes up-if this wants to happen, we are eventually going to have every road tired with this mixed-use rhetoric fiat we are pushing around And I am just wondering d 1 am being too sentdroe because this is my neighborhood, or am I being insightful because it is a neighborhood that has to lake the first birth pains, end will the rest of our city of Denton have to learn a lesson from this, or will v just be able to Just go forward with it? So, I sin Just asking for y'ell's input This is a pivotal point right here-hghl here where we say this is fine go ahem with offices Whal we are saying is there no other reason not to do the rest of the road offices There realty Is no other reason to just not let 9 go Not That offices are bad-I am just saying, when do we say enough is enough. When do we fulfil our obligations foi ' mi::ed use? Chairperson Scheru. Go ahead and make a comment Mr Engelbrecht My comment is that the current development plan would say we should not do that. Matter of fact it stated in here the half mile ru'e is violated. The other side is we are N this point in time-tonighl, we have before us alternative development sciinands, which I will comment on later But outlined in that Is one of them Is corridor, , that suggests that we develop Canton as strip corridors I do not care they can call them whet they want to, but they ore strips t know that they have been a problem for cities in the pas, to be fair, some of those problems worm due to the fact that the city did not control traffic. They had loo many curb cuts which Is the city's problem because the subdivision regulation wasn't adequate, I do not believe We have changed that. An awful lot of people do not like the =trip commercial because they do not like to look at it. Blame that partially on the city because they had no jany ctli does not matter, it's not Dentur iff everywhere) because of the city's lack of landscape ordinance and because the developer did not do anything So I Irink they both share soma responsibility there. I also know that there is constant commercial preSsufe to build something other then single-family residential on these sites becmuss it is high fraffd count and easy access So there is always going to bai do not are whet our plan Is or what vi say it is or how hard we attempt to enforce it-there will constantly be these ases. Even d we denied fifteen of them 0 l in a row. I bet number sixteen will come tight along behind it, attempting to get another piece if we did rot have a k s corridor approach, which ii the moment we do not have So. I have always been troubled by these cases for that sdl reason because it is a mixed bag I do not thinl. that there is clear-cut answer I mm not paNevlarly mnamored with - `22. " ' 2s 10 32xIC1 x essatara , ' o - I P inning and Zoning Commission Minutes May 13, 1998 Page 45 of 60 this case in favor of it. Maybe I should have been invited to the neighborhood treating. That's the end of my comma ,l. Chairperson Schemt. Mine is only that we get back to this philosophical thing. We arejusl sitting here lalv,,ig about how we want the city grow, I feel like the Council is going to look really Inn; and hard at this one because of some of the points that are being brought up lonight It is not whether I believe it or not, but the trip side of what the two of you all are talking about is, again, we have the offce buildings but yet there is Inffic: but maybe that traffic is fed by the houses that are surrounding it. That we are not seriding more traffic across the strcelor dawn or, you know, it is trial neighborhood thing We have done to many meetings where we have encouraged the neghborhood stuff so that we can walk to work-I do not know if that will ever happen-or be close, so that we can go home for lunch or those kind of things. There it just that side of mo that lees that site as well as what you all are seeing--more offices, more traffic and mua congestion, So I get back to that half of a dozen, one or the other, I wish we had that crystal ball so we knew ten years from now will the offces actually employ people that live In the neighborhood? Because if it does, we are going to accomplish, I think, what Council is Irving to do-and rhal is help eliminate tome of the traffic and get to that neighborhood issue On the other hand, if it Is not and people are still driving across and we are not accomplishing that goal, then we wIll just have some increased trafGa And that Is what will happen. So, it is just that crystal ball thing We just do not have i! right now, and all we can do is go by what we have looked, and we are studying, and what the experts are falling us. II is my understanding that the only rule that this Is breaking it not being exac!ly the distance that it Is suppose to be, is that right, Mark? Mr, Donaldson Yee, the 1985 Denton Development Plan sets the distance sle cards for location to other commercial nodes l Chairperson Schertz The new one that is coming up-what are they going to do? Me Donaldson. At this point, it Is not geographic specific The Comprehensive Plan will be geographic specific Chairperson Schema Okay, I vndenland Me Donaldson We have to go through the alternative development scenarlos and pick a preferred develi ipment scenario before we can get to That point Mr. Engelbrechl I ha,ra a question with that To what extent do you mean that the current plan is not geographic spewfcli I am not sure that I understand that Mr. Donaldson Well I do not have the policies in front of me, but there Is language In the adopted policies about encouraging mixed s set i lhin neighborhoods It creates the kind of synergistic neighborhood center, I think, It wnutd be ai the inlersection of Teasley end Lillian Miller-would stain a neighborhood canter In an ores that used to be a neighborhood edge We now have an elementary school, a library, a fire station, and now there is more and more office spaces H is becoming the center of alleMion instead of the edge of aBention. Cheirperson Schertz. That Is what I was trying 10 say, but he just did a lot bettor jcb. ,e Me Reed Some of the office proposals hat have come before the P b Z and City Councl a hills mon north on Lillian Miller have actually been a resull of the original single-family toning along Lillian Millet i being proctiul. S The land has set vscant there for all of these years because even though there is pressure for commercial to be located along the higher intensity arterials and other streets in the city, the flip side of that Is no developer wants to spend single-family along these arterials because very few people, if any, went to locate their hornet right off of this major street Ms Dourde Well, see, I haw t nett Droblam with that orPumenl because I bot anon mY Street and there is the Beasley Develo menl, which is eight al ;ha road That could be Wind River fight on the road, terry Cofs property, P Sundance, is going to be right on the road So, when I hear this orgumenl I thi ini'vhere fire these people on the • 204oot setback?" fhore are homes on the road, and so that argument is a moot pant to ma-thst does not fly, And the other thing is that we were told that, when Ihis one property was changed over, that this it ill we do not o need any more transillonat property. We can build homes on down south of here, we can do d, We are no longer in the highdrtensity area, it should be homes Now, we have people coming In and saying, YOU know, we need Irsnslficnal properties.' The best Ihing about transitional is some more officet and this It what Is slowly happening I think to mya+If,'Okq; one more street, (hot is fine' But then we almoll have a whole mile of 4, one way or the -23. II 7Kaz u Planning and Zoning Commission Minutes May 13, 1998 Page 4e of 60 other, that is offices To me, that Is a lot of concessions for a neighborhood-to .ay, you know, that we wilt keep going with you, we will work with you, we will do it for you-but there is ma S of g now, It is an evil monster that Is just totally out of hand, just chewing the life out of Lillian MdIlr. I understand hat homes bring in more lax-t,eed problems and school taxes, we are already pulling 1,000 homes down there, I mean, another 150 is not going to really do any more damage. We have already created the monster down Inert. And my question is, and this is riot for this property, but for future properties-I believe that we need to set a Standard here and say, with to much of a road (and I understand that it is a corridor, too), but it should not be that every-I guess that this is my problem. We were piomisei a neighborhood, most of the people that live in this area were promised home, they were promised lifestyle of home, and now we are being told, 'Wall, VOL need to change your attitude and go this way' But when I ) listen to the City Council talk to other sides of town who are complaining that their mcghborhoeds are going to change, I blah blah, they say, 'Okay', it is fine, we undr Wand, we will deny the project But it does not happen un m; side of lawn So my question is we need to set se standard, I do not know when the example is going to come. we need to understand that neighborhoods need to have some Integrity, Weighborhoods should not have fo be condemned to a corridor if that Is not what they want 1 understand that this side of town Is gone, we cannot do anything about it. the monster has eaten it, and it is where it's at. But what about the next Weal? What about McNair school over by you. Enen, what about that big road Thal is the noxt road b go. And. Jim, where you Iivol is all very feasible that your neighborhood could be lined with businesses. Is that what we all really. really want? I understand where we are growing end we need businesses, but how much do we have 10 have to Ill before we can say, 'Okay, we have fulfilled the need, let's live in a residential neighborhood. I know I am going on my soap box, but I think that d is really Important that we not throw this word multi-use around as much as we do. I do not believe that it is serving a purpose, I think that it is misunderstood II Is not about continuation, a is about a lifestyle I do not think that we are creating lifestyle, we are creating opportunities for people to build offices, to build general retail and commercial. I do not think we are building neighborhoods That Is my soap box Chairperson Schertz Are there any other questions or comments for Mr. Reed? We are trying to expedite things, and you have been very patient so if you would like to say somethini please address the podium I am sorry, you have to come to the podium and give us your name and address for the record Ms Cole My name is Cetlyn Cote, and 1 lived at 3311 Teasley tans, the property In question We lived there In I 1989 and 1990, when we lived there, nothing was around us. When they Started developing it end everything, we did not object, it was up there. I assume you live real close, When Pity built around us, we did not hilt it-when they built the homes and ell of Ihal. Now, %e are surrounded by homes and talking about your children cannot come out and play If you want homes all out there, i guess that that is great but, that h m pretty busy street for children and a lot of homes o be right where we ere So, our intention was, we hove m small business and maybe one day be able to have an office lust like that. We right now work in Grapevine. But I understand your situation of not wanting to go, but that area right there, it can be pretty like the other offices that are being built there 1 cannot just ' quit because you live there you do not want any more offices there, but we did not will all of those houses around w ether, so now we do not really have a choice Because there is really no more It is m better property for offices Even if we wanted to put our office there, It is better suited for that In our humble opinion. Being this Is for 15 years, it is more suited after having lived there with all of this development, especially with how pretty, it can be a beautiful area u} 'and If we had those offices or not, as long as the conditions are Pere and I believe Mr. Reed made it very clear about what conditions have to be there when the plat comes up, it has to be brick. I do not know, I wool 10 live in the count y 1 I think that it is pretty The offices, at least they are brick, they are not like what you were talking about glass And aiding and alt of that. Down In that ores and it has been that to me,-all of that was not there and ' 1 • you have-and the City Council hes-made it vary clear that you cannot put Something In than like that, I do 001 think that that will outomalieally change either, but there is that one area and everything also bought houses. f would like to five, if I was living back Isere.-Iwo house on tivi lhot was not e0 for Io go through cr Inslead of having Io worry about my big huge fence, so my kids con go out on Teasley Lane Ms Gourd-* I understand, but we put you In that position. We put you In the position to be uncomfortable where , y you chose to release yourself from your five acres of land because the sluellon has changed, That to what I am saying Is that, by dominoing offices down, we press the next person into It ing,'f am uncomfortable, this Is riot the . way I want to live, so Iota change to offices, too.' This is exactly what Is happening and thin Is what I am talking about is that we are putting presudes on people to make lifestyle changes because someone miss made a lifesi le change 1 V ~za. w' ~h M~ 32x 10 h Planning and Zoning Commission Minutes May 13, 1998 Page 47 of 60 Ms. Cole I understand, but and I can see your point; it is very clear to me, But in that area of land, I do not Think that you can just make a generalisation about it, we have got to stop here; we have got to stop this now-period. I think that you have to look at the land that we ere talking about,.., r Ms Gourdie I drive by It everyday, I know exactly what we vrs larking about Ms. Cole It Is not like it is going to continue on down because the reel are houses. It is just that pocket of land right there, Me Gourdie Five acres next to ten other acres that Me Cole There is no . Ms Gourdie Well, I truly know where you are, I live there; I understand completely, I am saying I understand your point, I do not agree with 11-1 understand it, That is why I am saying we need Ie put it to a motion so Ihat these people can put up what they choose to do. Ms. Cole. I opprecate your letting us get back on [his Chairperson Schanz No; I appreciate it, too. II depends on what shoe you are wearing I think that we have discussed it. and I will entertain a motion, please. Me Apple: I will make a motion to recommend approval of use number Z•98-019 with the con5dions submitted by Vart-- ncluding number eleven, Chairperson Schertz Is there a second? i Mr, Engelbrecht I will second, I assume we will have d,acuss on. ` Chairperson Schertz. A motion has been mode and a second, end now the floor will be open for discusslon, Mr, Engelbrvchl Well, I will lead off, I do not know if anyone has any. II is somewhat of a reluctant second As I said earlier, we have at one and a development plan that would suggest that we Mould not do that here Those who were trying to do nodes, on the other hand as Mr, Donaldson pointed out, we do hove a navy Inleraecllon if you will, which basically was not In existence when the 1988 plan was adopted, This particular spot was nalry-N was i mentioned, but I do net Ihink anyone realized at this point In time, we would really have W toning in place But the build out that's there--I do not know if this will make this more of a slrip area of H It Is part of a development of a node H a inlerseclion; there's some cusslion I do not think that it is clear, I would say, though, that this No acres and the small parcel to its south will be the last that would be possible hen because I believe It Is coned single- family right up to Teasley just south of this if I am not . . , Ms Gourd a Yes; that Is why there is general retail rlplit next to tAc library Mr Engelbrechl No; I am talking about on the same aide of the street ' Ms Gourdie, Right; just so you know, the other side of the street Is general retail From there to Teasley Lane Is j . offrcef. 1 Mr. Engelbrechf Right. { Me Gourdie, And then built homes before this l Mir Engelbrecht I would stale further that we do have a number of conditions placed on this particular property, not i only In 1prme of landscAping end that sort of thing, which Primarily In that regard coincides with the proposed enlrinceway ordinance for the most part. But also, Ihere ore conditions with regard to types of businesses that ton go there which limits the traffic, I believe, which will have some positive Impact that I fa in the neighborhood and 0 on the streets So, for those reasons, I haw seconded rho motion and will vote In favor of R. Obviously, R to an Issue we are going to hove to deal with for some time to come and particularly as growth pHs rapid, What sort of a plan do we want, what sort of city do we wool? And that Is what we have 10 consldof is a part of that-aM commercial pressures that come along with corridors. Think you, Modem Chelr. ..-25r MUM K 10 , 32x10 0 I , Planning and Zoning Commission Minutes I May 13, 1998 II Page 48 of 60 Chairperson Schantz I will make a comment and I will simply say that I will be voting In favor, but I would Ilke the ± record to reflect-so that when this piece of property comes back and somebody has bought it and somebody ks pulling an office budding on it-I would like the record to reflecl that if the City is going to starl indicating a tree ordinance and how many Trees you have to have end everil ing also, I feet that number eleven Is beginning to control the property too much, I really do t really feel like that we certainly do not want to have parking have to be in the back and have to cut down a whole bunch of trees and maybe we could put it -some of it-in front and save a whole bunch of trees. I am having a hard time with this, and I just think that there needs to be-there are going to be some variances There are going to be vanances to what we are selling ourselves up for and that is all I will say on I it With that I will Ms Gourd,e I Just wanted to say. despile the evil eye that I got I was going to vote in favor of this because you are correct, this In all that can go there. But I de not befeve In it, I think that It Is wrong, I think that we ore doing a disservice to our city. to our neighbors, to everybody by letting this continue to happen. I do want to fay, as for this road, they nave known since 1988 that this was going to be a major road Mr. Engelbrecht Oh, yes Ms Gourdie. They knew that Ihis was going to built out and this is one of the reasons it is so desirable there Is because it is a major road and the thoroughfare Is going to happen It is going to go down to OFW, so I knew the recent zoning thing-you rind out that this Is what is going to happen then, I am very surprised myself to find this out, and now I realize why developers are to keen on pulling in so many offices. I find that very disappointing that the other resident was not knowing Thal-that where I wee going to be moving into, But I am voting In favor of it despite my negative image of the whole situation because this is all that can go in there. But I sure hope we learned a valuable lesson from this as a community and " a city Chairperson Schantz Thank you With that, I will end the Commissioners to please cast their votes And this Rem passes unanimously Thank you for your patience til your lima (4-0) T( EMS FOR INDIVIDUAL CONSIDERATION 1. Lattimore Industrial Park. Located on the west side of l-33W, north of Metro Street. a. Consider approval of a variance of Section 34.124(E} of the Code of Ordinances concerning dralnage system design for Lattimore Industrial Pork, I Consider approval of the preliminary plat of Lots 1 end 2, Block A. and Lot 1, Block B, of the Lattimore Industrial Park (consisting of 31.202 acres) and the Basal plot of Lots 1 and 2, Block A (conflating of 21.414 acres) of the Lattimore Industrial Park. (PF•i4-0114, LotUmore Industrial Park, Dorms Bateman) Chairperson Schell We are moving to the nest Item, number 4 Lattimore Industrial Park, located on the west side of I.35W, north of Matra Strsel, M a consider approval or a variance of Section 31 124(EI of the Cr. a of Ordinances concerning drainage system pall rot Lattimore Induslnal Pork Mr. Jerry Clerk presented the staff report. Mr Clark This Is a Silo that Is located off of 35W, Just south of Airport Road, just north of Metro Street. This Is actually the tile. This Is where this Oroinsge 4asemenl will be. The site is generally natural, II Is just eighty feet long If it was longer then this, we would recommend that they Improve d. $I%@ the rest of it is "Ilurol Ord fine IS very short. we ore recommending for the variance and you have the backup with aC or the details in your pocket Chairperson Scherts Thank you. Are than any rruestions of Mr Clark? Seeing none I think. Ms Gaudio, Do you want me to make the motion? Chairperson Schanz Please 26. - - - all 7 x Ia 32xla O , Z ' ATTACHMENT 3 NOTICE OF PUBLIC HEARING 2.98.019 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, May 13, 1998, to consider rezoning a 4.998 acre tract located on the east side of FM 2181 (Teasley Lane) across from Bent Oaks Street, commonly known as 3311 Teasley Lane, from an Agricultural (A) zoning district to an Office (0) zoning district. The 4.998 acre property Is legally described as Tract 7 or the J. Fisher Survey (Abstract 421), Denton County, Texas. The purpose of the zoning change is to develop offices. 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) feet of the subject property, the Planning and Zoning Commisslon 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, ret,.nn this form with your comments to: Planning and !`evelopment Department 221 N, Elm ST Denton, Texas 76201 Attn: Wayne Reed, Planner 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 Pte, dng 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 resronses in support and In opposition. Second, the zoning petition Is forwarded to the City Counc6 !jr hna, action providing the Commission recommends approval. Should the Commisslon recommend ee aal, the petitioner may then appeal the request to the City Council. If 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: In favor of request Neutral to request Opposed to request Comments: Please see attached. L~ t5 ~t~u V~ MAY 19 we i Signature. Printed Name:. Bob Shelto Enterprises Mailing Address: _ 1969 me,dtay r.,,,, City, State Zip: Denton, TX 76205 • Telephone Number, _i94n1 14i-3090 • • Physical Address of Property within 200 feel same as above CITY OFDENTON, TEXAS CITY HALL WEST DENTON, TEXAS 76201 040.349.0350 z•DE•O1D 200 Hor;RaGOn Aor _ i 21. ier~~` 25 10 32X10 11 ~ 1 , O 1 I • . it I 1 CObMNT8 I Please be advised that our company would nct object to the attached zoning request if it has the following restrictions to wit: 1.) That the total floor area for ill buildings constructed on the 4.996 acres shall not exceed 45,000 square feet. 2.) That no loading docks shall be permitted. 3.) That the exterior walls of all buildings shall be constructed of not less than 701 brick or masonry veneer. I 4.) That no "off-;premise" signs (as defined by Section 33-2 of the Code of Ordin&:ce of the City of Denton, or its successor) shall be permitted. 5.) That no direct off-site lighting shall be permitted. r 6.1 A bufferyard" measuring fifteen feet (151) wide, and comprising four (4) canopy and eight (8) understory trees per each one hundred linear feet (1001), shall be installed along the east property line abutting the residential lots. 7.) That the maximum building height shall not exceed 35 feet. 8.) No individual building shall exceed 70500 square feet. 9.) All buildings must have pitched roofs, and no roof surface may have a slope of less that 301. 10.) In addition to any street yard landscaping required by Landscaping, Screening, and the Tree Preservation ordinance, an r additional tree per every 50 feet of frontage along Teasley will be provided. • i 11.) No parking will be allowed in the front yard setback of any 1 building along Teasley. Also, following is a list of prohibited uses. Thank you. J 2B. i . I` 25 • c l NOTICE OF PUBLIC HEARING Z-98.09 9 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, May 13, 1998, to consider rezoning a 4.998 acre tract located on the east side cof FM 2181 (Teasley Lane) across from Bent Oaks Street, commonly known as 3311 Teasley Lane, from an Agricultural (A) zoning district to an Office (0) zoning district. The 4.998 acre property is legally described as Tract 7 of the J. Fisher Survey (Abstract 421), Denton County, Texas. The purpose of the zoning change is to develop offices. The public hearing will slue 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 Wthln two hundred (200) feet of the subject property, the Planning and Zoning Commission would tike to hear how you feet about this zoning change request and Invites you to attend the public hearing. Please, In order 1, 11c DPW= to ka-- taken Into account, return this form with your comments to: Soupy Planning and Development Deparlment 221 N. Elm 8T HLMAY 14 1938 Denton, Toxes 76201 Attn: Wayne Reed, Planner I A zoning petition follows a two step process designed to provide pportunities for citizen Involvement and comment. The first step, following the submission o an app ica on or a f 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 cf the percent of responses In support and In opposition. Second, the zoning petition Is forwarded to the City Coun.il for final action providing the Commission recommends approval. Should the Commission recommend denial, the petitioner may then appeal the request to the City Council If 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 voles 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: - In favor of request Neutral to request Opposed to request % Comments: 1 ,9 Lit fct~'1 N~nJ~ //"•,.~t~s C✓k:[. rft..G~ IwrL(_ rL+1.~. ~a~e sey~p.e f~err~w~ ' f IV '/emu ,-07hS (Af.lrti Z weaey r~ Jchrt?C s~ t;-< Signature: 41 LUv .r.. 11 Printed Name: Ir4 rfttl 11 (7/yrv~lCL►~ Mailing Address 0 Y City, State Zip: f Telephone Number: Q 1/ Physical Address of Property within 200 feet, xtl CITYOFDENTON, TEXAS CITY HALL WEST DENTON, TEXAS 76201 940.349.8350 2•DD-01D 70G' NchACaLOn Aoe _ 29, t 10 32 X d o f L06OtG ATTACHMENT 4 J ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION TO OFFICE (CONDITIONED) (0(Cj) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 4.996 ACRES OF LAND LOCATED AT 3311 TEASLEY LANE; PROVIDING FOR A PENALTY 114 THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; j AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, Jerry Yensan, on behalf of George Kolb, owner of the subject property, has applied for a change In zoning for 4.996 acres of land from Agricultural (A) zoning district classification and use designation to Office (0) zoning district classification and use designation; and { i WHEREAS, on April 30, 1998, a neighborhood meeting was held where at six (6) residents attended along with the applicant and the owner were present; and WHEREAS, on May 13, 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 I 1988 Denton Development Plan and the 1998 Denton Plan Policies; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; Section 1. That the zoning district classification and use deslgr,tlon of the 4.996 acre tract of land described In the legal description attached hereto and Incorporated herein as Exhibit A, is changed from Agricultural (A) zoning district classification and use designation i to Office Conditioned (0(c)) zoning district classification and use designation, under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions: 1. That permitted land uses be restricted to those described In the list attached hereto and Incorporated herein by reference as Exhibit B, and limit land uses permitted with a Specific Use Permit to those ordinarily permitted within a Office 0 (0) zoning district with an approved Specific. Use Permit. 2. That the total floor area for all buildings on the 4.996 acres shall not exceed fifty- six thousand (56,000) square feet. 3. That no loading docks shall be permitted. 0 4. That the exterior walls of all buildings shall be constructed of not less then seventy (70) percent brick or masonry materials, O 0 5. That no "off-premise" signs (as defined by Section 33.2 of the Code of Ordinances of the City of Denton) shall be permitted, 6. That no direct off-site lighting shall be permitted. s"'°r I[ 32XI El A i • i i i 7. A "bufferyard" measuring fifteen (16) feet wide, and comprising four (4) cAnopy f and eight (8) understory trees per each one hundred (100) linear feet, shall be Installed along the east property line abutting residential lots. S. That the maximum building height shall not exceed thlrty-fn,e (35) feet. 9. No Individual building shall exceed seventy-five hundred (7,500) square feet, 10. X1 buildings must have pitched roofs and a slope of no less than thirty (30) percent. 11. No parking will be allowed ,n the front yard setback of any building along Teasley Lane. Section II. That the City's official zoning map Is amended to show the change In zoning district classification. Section 111. That any person violating any provision of thls ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00• Each day that a provision of this ordinance Is violated shall constitute a separate and distinct offense. Section IV, That this ordinance shall become effective fourteen (14) days from the date of Its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice In the Denton Record-Chronicle, a daily newspaper published In the City of Denton, Texas, within Ism (10) days of the date of its passage. PASSED AND APPROVED this the day of _ ,1998. JACK MILLER, MAYOR ATTEST; JENNIFER WALTERS, CITY SECRETARY I• BY: c APPROVED AS TO LEGAL FORM; HERBERT L. PROUTY, CITY ATTORNEY J%O BY, d - 11. ` 32X p I r I r J EWBIT a i 1 /ICIIMIIA; for the Northuast Corner of the treat WAA duarlbed harem Wl a Ilulll felw:e corllor putt at OIL uec~lpi;,I, at Nerthumst Corner of ilia told proton tract,, TILING! Idrth A$ Willies $4 Ninutea 14 fueonde Wait Wltll till feet line thdreot {armolly kill a pips and r.+hl1 tan e e distance of 49U,09 feat to sit iron lad w' for Cho Northeast Coll of a culled 1.1116 acro tra•i deurril !n IL~p deed from tlrk is. Jvvm IS 1;l to pally U. Oveo recorded in Yu ham•I133 Nary w6 of the Actd lowivia or ii l un.A ley, Texas; SuEscil South $U Odreeas 41 Nlnutb 00 54COnda Wait With tha North liar of said 1,016 acre trrrt, sevblinr, s,.nd w.tia ' sere tract s distance or 319.05 felt to an iron rat found for ilia N:arthvrrl Corner Ut-wld 1.616 arrows tt:nl ht Lim , ,Is Egli Ltne of F.N. 111Ahvay 21111 in a carve to the right hoe, lnn a radius of 1701069 feed ' 111t.9Ct With the sr. of as ld aurva, en are lanlflh of 555.20 feel I chord beurln` North 13 Aerr,res Os llinNtas 14 5rcunds West a distance of W .49 teat 1 to an truck rod eat for the Norttlvns,t herr0pr o! amid Irown tract; W.NCL In an [surly direction wlth the North Ilne thereof the rolloriny, 3 aouruN wool diet n tS; k 1.) Sunih 07 Regrets 46 Nlnutes 09 Seeunds east is distance, of 14.91 rout to an Iron rod s,erl 2.1 North hA dogroea 16 Nlrweas 53 Sftalde tilt a distanaa nr 26.11 teat to nn iron rid met; 1.1 Youth A7 Will 49 Ninutes Of leconda List a Alstanee of LLr1,4N teetto the MLAr,L by nl'.f,It:!!Ib'; uld eneluAir'e 449Th Acres, of I;rul. Thaw field Nolvs, vllh tlln ncervnflsnylny; skiteh ware, pralwed Frum an an-11w-il survey raid, 6y ae till lnuc :;7, IVVl1 I Thera en uo cisillla or nppirenr Intrullonl, OWtrunlone tar a~nlrmuhts, ovclFl 91 eheal. I'l1APD S1AtOllYTl I tvlva olowlit d the I'A.M.A, li Insurance Note Nap for the ' r.lty or Denton, btalton county,texss fwamullty No. LNfil44, brrectlve ditto, Alglaal 1, 14N7 gaol that nep li'l .mta flint this property Is, nut WItIJU Joel Wont IfIell I'ILos rune as sllnvn an Perm Itwo r bold Mill. ..rSr r!: fC; 1 tolmi. 00. to i WPM --+lot All el Pill havi J. Rnrn a.F.N. No 4114 Uutu t ' vl f1 ,as IIr'1/'O1'L 440 ij' F N alp of, 114Y 9 Post, ~4011`11 t 4a t'Ia'Q4't NAU tot 3 r<~ r,tr ~ ' a I.....M low J. FISHER SURVEY ....A, 921 _ F?!+'' It 1 AENrON COUNTY TEXAS ' „4Y!) 1w "At, I . r N„ 11.o•.Y his. polo 1,1~ WA.I a^ 151 ,Ire Vlsl nv Wa j it Man nowe `I4I , jra -lrI• - ' 1 1 a ~ 't A,996 R tvr r,Me IMII 8 INn'osiil 111411 / . , 1 Ad 11111,11 f... ~\1 t, 1 ~ \ loss, 32. I00,4ta der A ~I'F ~ r Y v r . F J I A a " „ t ~ a ~ t Y I r Y.~Y P J. a ~ a i i., d 'pr ~ to 4 l' EXSEBET B Z-90.019 PEPIAT ED LAND USES r ' Edueattenal. load and Boeelei Uses ' Art Gallery or Mus sum 1S - Day Nursery or KIndsrgsrten b.,r,:ti Nosphat(General Acute Care) tneOtutions of Religious or PhOonthropla Nature Utility,Accessorv and Incidental Use AccessoryBuilding Temporary Field or Constructlon ONia (Subject to Approval and Control by 8 OdIng Inspector) M Telephone, Bustnese OfAce Retail and Service Tvoe_UM y Offices, Professional and Adminlslratlve ' Studio for Photographer, Mvslelan, Artist or Health ! ' I r~ y : r , t X! • t V Y a~,(H,+gggIp"""~ 1.. .Fr 1b ' niC j Ya' M~~ t+S~ 26 .X t,Lr P,k%b ,.411=L1 ..32 X e - - - - Z-98-019 (DOVE CREEK FARM) PHOTOS I A.. Photo I V,ell Inolrp, t: is! I,rm Tea s'ey Jana Photo 7 %leo, loc'. r'ort?i across Teasley 6t h;nl Gf Sa[~,9:1 pCperty Le^e U:. a'CS s'.,b~ect rt=le-tj r: ; r v6 I r Photo 3 V',r, ''1nL m;1 cis! a' t^.e s''Ig'e•rarrlIy Photo 4 Vie'.v Icr; ,rg West across Teasley ^riy' imr*,BQ Btef'y La^A n! an circe b~rdr,g loca!ed on the south ors sde of Pe"~l Oe6s 0,1:e It -s rzred Planned ,~1 Dere'o7rent 65 ;PD 65) mr ng d s!r,c1 A ~t ML- _ wL.',KrT r I Photo 5 V e look ru v,es! across Teasley Photo 6 V e6 Iooll:rg West across Teasley, l a' n o' Lr C,P6e hu'I P'o lCGB'ed on t!',e rc,rtn La'e al the Bent Calls 5.t,%, son located s ;d Pc"t Oa - s Uri.e it s :tired Punned -i edawj across tle street from the subject i,;,,,.•o.',t 55 (PD 66) TU^ d s,,ct : ,c,pe ty z;. 1 c , AOmdr No.J/ 6-O!~a l _ AGENDA INFORMATION SHEET Agenda Item AGENDA DATE: June 2,1998 Date- DEPARTMENT: Planning and Development Department CMVDCM/ACM: Rick Svehla SUBJECT Hold a public hearing and receive citizen comment on the interim Corridor Ordinance providing a classification for designating roadways in Denton; establishing a minimum landscape setback along designated roadways; providing architectural standards for designated roadways; establishing screening requirements for mechanical egvipmenl, roof lop equipment, vehicle service bays, loading docks, and outside storage of merchandise; limiting the visibilityof certain uses along designated roadways; requiring traffic circulation plans for properties that access the designated roadways; and providing for non-conforming landscaping; providing a penalty for the violation thereof; providing a severability clause; and providing fur an effective data BACKGRQUND In January 1998, the City Council directed staff to prepare a corridor ordinance to implement regulations to enhance and improve the appearance and safety of corridors. The preliminai; approach was presented to the City Council in a work session on April 28. Based on comments from the meeting, staff reduced the number of con idor classifications from three to two: Gateways and Entranceways, and eliminated Mayhill Road and Lakeview Blvd. from the ordinance. The US Highway 380 designation was changed to Gateway, and the Planning and Zoning Commission recommended increasing the section covered to include Primrose Street west to the city limits and Ruddell Strc, t east to the city limits Overall regulations related to setbacks, architectural materials, architectural design, uses visible from the corridor, signs, and non-conforming landscaping are recommended. Corridors will be addressed as part of the Comprehensive Plan. Staff recommends that roads be reviewed separately, after adoption of the interim ordinance and completion of Comprehensive Plan, to determine if specific policies and ordinances for the road segment should be adopted. During the Planning and Zoning Commission work session, the Commission stated the need for a plan for public improvements along corridors to enhance the corridors. In 1987, the City Council instituted a process to apply for TXDOT matching funds as TXDOT road projects are proposed. The matching grant process was used to install landscaping on Teasley Lane (FM 2181) and University Drive (US Highwav 180). Elements of a public improvement plan for right-of-way may include landscaping of right-of-ways and medians, TXDOT logo signs, maintenance of roadway areas, directional signs, I lighting, and sidewalks. i UTIMATED SCHEDULE OF PROJECT A City Council work session is scheduled for June 9 and a City Council public hearing is scheduled for June 16. O PRIOR ACTION/REVIENV CCouncll, Boards, Commissions At the Planning and Zoning Commission meeting on May 27, the Commission recommended approval by a vote of 4.1. The staff p 0 met with the Denton Chamber of Commerce on Friday, May 29 and will report comments from the meeting at the June 2 public hearing. A complete schedule is enclosed. The Vision for the 21° Century Live Team recommended that a corridor study be completed to promote economic development and the qualify of life in Denton. The Live Team recommended using "signature plant materials" and building materials from the Courthouse on the Square to create repeating design elements throughout the city. This is demonstrated in the selection of materials for the entrance markers. i 10 32X`Q n tlf ~ , , I,l r 0 r i I I I . r~c-Y.t~ur. rll+wzn.aa.. rrAA^.y:.a1n:~~M~em..fwP+rr✓.crrrYw7C~d'tlU+t~'.fN1,I~t1970Wr'°.1xr+.AiNR4%JxMNS)1C ~ :wm~w, ,x . - 'n FISCAL 14ORMATION Additional staff review will be required but not specific fiscal impact is anticipated at this tins. The enhancement of public right of way, as a companion component to the corridor ordinance, will require a financial commitment but a recommeidation on the public enhancement is not being proposed at this time. Respectfully submitt. y i Da ' ill Dirmtor of Planning ofd Development Prepared by: .r i Cecile Carson Small Area Planning Manager i r r: y I A* Y 2 , wa°trr> , 25 K ❑ 32x 10 ~k 1 l , I L 1 _ I ~ % r 1 j 1 faaOQl[la ` , o i t L , v 4 1 I a+raWr I 1 -.:m,~:d,,:.~+: 1. W.'WCYU'ws.u r... .s:. :Ar4r+A nrt:S~%.wletlr.Mton..,M#I.y.,vFil4Pi teMd351.~W:W'.a-'!FQrb°WeMa595+~wsrarrv-xwll.~» ~ f % r t ; Corridor Ordinance Schedule As approved by City Council January }998 I I I February-March Rt earch Contact TXDOT about traffr. counts and public enhancements Discussions with Bcilding Inspections, Code Enforcement, and other City departments Marcb-April Draft proposal Review proposal with Vision Committee r I ApriUMay Complete ordinance and submit to legal April 28 City Council Work Session May 13 Planning and Zoning Commission Work Session May Potent; , meeting with the Vision for the 2 P' Century Cabinet and/or Live Team ' May 27 Planning and Zoning Commission Public Hearing and recommendation May 29 Meeting v6 ith Chamber of Commerct 7.30 AN at Chamber June 2 City Council Public Hearing June 9 City Council Work Session June 16 City Council Public Hearing and ordinance adoption proposed . ii y. ri i ~ L t Y r r . 0r P~ X +2 10 25 3 'i ~ • _ ~ i r ra' ~1~ytn .~,a X41 ti~ ~~f ~~Y 1. A'~ ~E1 A'. j Y r 1 Ry vrtk ~ A ~ Y f'~ 71U61/ xr'~1ra>~y"7~ vat` v 3{~v f f ,ate. i `-c-,. ...p,.d. sn Ew,14/Yfiuid+avw!'+P:1ii1'~LNScrih~m:5a~k2wvVMrn I~ .1~^~Rxk tVi ur •.r .w^.r:~"w•zMei+mw+w1<r vx fenn,.ymWanwwwrwin M.Vwrse~AX'wrwq.._, lr - , k li 1 r a! r~ '1 . kl~ f i Ax 00 y~,T ! ~r4u1 8Q , ~A 'I t f A t ~ln 1 i 1 I l 1 q~I L_ ,.2 I J L 0 w~ 1{"e (~J Y LM Lm t. r a z ~h p It Win L-I 0 j - y: ~ III { r~,.~ I I , LU r Uib° 1, r) X 112 x 25X v,,.. . r ORDINANCE NO. An Ordinance of the City of Denton, Texas, providing a classification for designating roadways in Denton; establishing a minimum landscape setback along designated roadways; providing architectural standards for designated roadways; establishing screening requirements for mechanical equipment, roof top equipment, vehicle service bays, loading docks, and outside storage of merchandise; limiting the visibility of certain uses along designated roadways; requiring traffic circulation plans for properties that access the designated roadways; and providing for non-conforming landscaping; providing a penalty for the violation thereof; providing a severability clause; and providing for an effective date. WHEREAS, the Denton City Council has determined that our corridors impact the visual im age of our community; and WHEREAS, the Vision for the 21" Century project identified entranceways as a component of the vision for Denton as a great place to live, work, learn and play; and WHEREAS, the City Council finds that it is in the public interest to insure that new developments in Denton will help to enhance the economic and aesthetic cnvironment; and WHEREAS, the City of Denton recognizes that the establishment of new rules and regulations for architectural standards, setbacks, screening of uses, prohibition of certain uses if visible from the corridor, and traffic circulation will help to enhance the economi : and aesthetic environment; and WHEREAS, the City Council has conducted public hearings on the proposed regulations contained herein, NOW THEREFORE, z THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: 'M SECTION L That the Code of Ordinances of the City of Denton, Texas shall be amendcd by the adoption of a new Chapter, entitled "Corridor; " so that hereafter said • chapter shall be and read as follows; I t ARTICLE I. IN GENERAL 1 I See. Short Title. • This chapter shall be known and may be cited as the Denton Corridor Ordinance. , AFT " City Council June 2,1998 Planning and Zoning Comanission May 13, S 998 Revised 5118x98, Recommended 3/29198 r S J 1 K 10 s , o f Sec. Statement of Purpose The intent of this article is to promote the immediate and long-term public health, safety, economic stability and general welfare of the citizens of Denton by ' establishing regulations related to access and appearance of designated roadways. This article is intended to promote the following general purposes: 1) To provide a visually attractive environment for those who travel through the City in automobiles, buses, other motorized vehicles, non-motorized vehicles or on foot. 2) To combine the plant materials and person-made structures to visually soften the built environment, cleanse the air, and reduce the heat effect of pavement. 3) To establish a character or theme for Denton that is visible along its corridors. 4) To design and locate streetscape amenities that are visually pleasing but avoid conflicts with driver sight visibility triangles and utilities. I 5) To preserve the Cross Timbers terrain and to accentuate the grand prairie. 6) To create a distinctive sense of arrival to Denton. 7) To address issues facing corridor users including motorists, transit, cyclists, pedestrians in order to create a safe and efficient transportation system. i 8) To communicate a rense of order and safety to motorist and pedestrians through dt,,elopment of landscape design, access plans and structural treatments. 9) To retain and enhance land value by restricting incompatible uses and creating a sense of visual unity along corridors. 10) To market Denton as a unique and identifiable city for economic development. Sec. Classifications 1) Gateways: The Gateway designation is reserved for the roadways with the highest volume of traffic and provides limited eirect access, Roads designated as Gateways include: 1-35 N, 1.35 W,1-35 E, Loop 288, U.S. Highway 380 from Primrose Street west to the city limits and U.S, Highway 380 from Ruddcli Street cast to the city limits. Along Gateways, maximum efforts will be taken to preserve natural features including trees, native vegetation, and 1➢ 1f, views, Regulations shall be applied to property within a 500 foot wide strip qgi on each side of the roadway measured from the centerline c f the roadway, and DRAFT City Council June 2,1998 Planning and Zoning Commission May 13. 1998 Revised 5H &98, Recommended 5127/98 x ~El 32xI❑ "mom" O 'rl}., J. A.'.•..x i.. . ..ix....YInW.•:•-un...YTA<n'...~i. Y.Yf '.ii+ntiwJ•MC\IN.~.r ~ I the regulations shall apply to the entire property whether all or part of the property is located within the total 1,000-fool wide strip. f 2) Entranceways: Entranceways are classified as primary or secondary arterials and may have curb and gutter or barrow ditch or swales along the right-of-way. Entranceways shall include: US Hwy 77 from I-35N to Windsor Dr., Teasley 1 Lane (FM 2181), Fort Worth Drive (US Highway 377) from I-35 E south to the city limits, Locust Street (FM 2164) from Loop 288 north to the city limits, McKinney Street (FM 426) from Loop 288 east to the city limits, and Sherman Drive (FM 428) from Loop 288 north to the city limits. Regulations shall be applied to all property located within 250 feet from the centerline of the roadway and the regulations shall apply to the entire property whether all or part of the property is located within the 500-foot wide strip. 3) City limits: The regulations shall apply to property almig the designated roadway that is within the city limits. As annexation occurs along the designated roadways the regulations shall apply to the area annexed. 1 ARTICLE 11. PROVISIONS Sec. Setback Requirements 1) General provision: Driveway accesses and a sign in compliance with the City of Denton Sign Ordinance may be located in the setback area. All provisions J of the Landscape Ordinance 98.100 shall apply. In determining the landscape and tree requirements for the setback, a calculation of the land area in the { setback in comparison to the overall land area shall be made. Landscaping requirements and trees shall be installed in the setback in an equal pc,centase of the land area; for example if the setback is 100/a of the overall property then 105'a of the tree and landscape requirements must be installed in the setback. ; 2) Gateways: A 25-foot minimum landscape setback measured from the j • property line is required. Within the area, all existing trees shall be preserved. Native vegetation shall be undisturbed in the area of existing trees. No parking € r shall be permitted within the 25- foot setback, f f w I r C f~DRAff City Council June 2, 1998 Planning and Zoning Commission May 13, 1998 Revised 5/1!4/98, Recomm'nded 5/27/98 7 3 0 3) Entranceways: A 15-foot minimum landscape setback measured from the property line is required. Within the area, all existing trees shall be preserved. Native vegetation shall be undisturbed in the area of existing trees. No parking shall be permitted in the setback. Sec. Architectural Standards 1) Materials: The exterior walls of the building visible from the designated street shall be comprised of stone, cast stone, stucco, brick, limestone, granite or a similar material with the appearance of natural or created masonry. A maximum of 10% of the building facade visible from the designated street may be comprised of "split face" concrete block. Glass including windows and doors shall be limited to no more than 50116 of the front building facade visible from the designated street and no less than 20%. The exterior glass shall have a maximum reflectance of 20%. hn alternative building material consistent with the appearance of the materials listed above may be approved upon recommendation of the Building Oflicial to the Director of Planning. ` 2) Colors: Neon and fluorescent wall colors are specificaliy prohibited on all fE building faces visible from a designat-i gateway or entranceway. 3) Design: The design of each structure shall include relief to front wall and roo0ine. No single uninterrupted surface plane shall be permitted. Reference Exhibit A, Building Articulation. Sec. Screening 1) Mechanical equipment: Mechanical equipment, including satellite dishes, shall be visually screened from view from the designated roadway and from adjacent residential zones or uses. Roof-mounted equipment shall be integrated into the building design and screened from view from the designated roadways. 2) Vehicle service bays and loading docks: All vehicle repair, service, and maintenance bays and all loading docks shall be arranged or screened so that the bay(s) or dock is not visible from the designated roadways or adjacent residential zones or uses. All screening provisions of Ordinance 98.100 shall apply, 3) Limited visibility uses: The following uses shall be prohibited from being visible from the designated corridor. 1 hose uses are permitted if screened by 0 vegetation, masonry walls, or similar solid construction, or by design within a building, in addition to the required setback, so that the use is not visible in any O } manner from the designated roadway or adjacent residential zones or uses. DRAFT City council tun. 2,.1998 Plann`ng and /.o,, rg Comm;-.i^11 May 13, 1998 Revised 311898, Reconimcndcd 3/27M 32 x i ❑ MEffINEENEAN MEN e VANIOU 0 , Primary Residential Uses Trai icr Camp or Mobile Home Park Educatio ual, institutional and Special Uses Correctional Facility Utility, Accessory and Incidental Uses Electric Generating Plant Electric Substation j Electrical Transmission Line Private Utility Shop or Storage Yard Public Building, Shop, Yard of Local, State, or Federal Government Sewage Pumping Station Sewage Treatment Plant Telephone Line and Exchange Switching or Relay Station Water Pumping Station or Well Water Treatment Plant Drag Strip or Commercial Racing Fairground or Exhibition Area Go-Cart Track Sexually Oriented Business Transportation Related Uses Hauling or Storage Company Motor Freight Terminal Railroad Freight Terminal Railroad Passenger Station Parking Lot Truck Automobile Service Uses Auto Wrecking or Salvage Yard Tire Retreading or Capping Rapil mad Service Type Uses ' Household Appliance Service and Repair (Outside) Secondhand Store, Used Furniture or Rummage Sale Tool or Trailer Rental I{ Agricultural Type Uses Hatchery, Poultry Livestock Auction . Livestock Feeding Plant, Pens, or Yards B • DRAFT City Council June 2, 1998 Planning and Zoning Commission May 13, 1998 Revised 5;1 &98, Reconunended 5/27/98 9 - - r.. ~ 2 5 ~ ~ " 3 2 x ICl x 0 o Commercial Type Uses Contractors Shop and Storage Yard Heavy Machinery Sales and Storage Petroleum Products Storage-Wholesale Storage and Sales of Furniture or Appliances Outside A Building Trailer Rental or sales i Natural Resource Storage and Extraction Petroleum Collecting or Storage Facilities Special Industrial Processes Asphalt or Concrete Bat ching Plant Brick Kiln or Tile Plant Cement or Hydrated Lime Manufacture Dump or Sanitary Fill Area Mixing or Sale of Concrete Open Salvage Yard for Rags or Machinery etc. Smelter or Refinery 4) Outside storage and storage of merchandise outside: All business operations and activities shall be conducted within an enclosed building. The only exceptions for outside activity shall be off street parking or loading, drive-in or drive-through windows at financial institutions, restaurants, prescription pharmacy or dry cleaners, and outside eating in conjunction with a restaurant. No merchandise other than vehicles located on a lot used primarily for the sale of vehicles or living materials such as Christmas trees, pumpkins and flowers may be visible from the designated roadway or adjacent residential zones or uses. Merchandise may be placed outside if screened by solid vegetation at the time of planting as per Ordinance 98-100, or by a minimum 84oot masonry or similar solid construction wall so that the merchandise is not visible from the designated roadway or from adjacent residential znncs or uses. See Traffic Circulation Plan A traffic circulation plan shall be prepared and provided for all new development. This plan should allow a safe and efficient flow of traffic in/out of property to maximize the capacity of the roadway. Access management design features will allow the congestion of the adjacent roadv ays to be minimized. Examples of , access management include comer clearances, driveway spacing, joint access driveways and parallel access roads. The Traffic Circulation Plaa should provide detailed information showing how the development will minimize transportation D • { impacts while providing the necessary business connection to the Entranceway DRAFT City Council June 2, 1998 Planning and Zoning Commission May 1 .1, 1998 Revised 5"1 V98, Recommended Sd7/98 10 El 32xlr ~ i r , V. • w `jai i i A r tsiaQtril ~ n 1 ^orridor. The plan shall be reviewed by the City of Denton Engineering Department for compliance with all Subdivision Regulations. See. Non-Conforming Properties 1) Landscaping: All legal non-conforming properties within the designated corridor shall provide landscaping by October 1, 2003. The minimum requirement shall be perimeter parking lot screening (Ordinance 98-100, Sec.31-7(lxa)). 2) Redevelopment: In the event of demolition of an existing legal non- conforming use, all requirements of this code shall be met In accordance with provisions of the Code of Ordinances, Sec. 35-13(d), all requirements of this code shall apply if partial destruction exceeds 50%. Sec. Signs A sign district shall be required for any property which has more than throe hundred (300) feet of continuous frontage on a Gateway or Entranceway. The plan shall conform to the provisions of Code of Ordinances, Sec. 33-254(2). All signs in the sign district must be designed to conform to regulations in Code of Ordinances, Chapter 33. Amendment to City of Denton Code of Ordinance Sec. 33-146. Manner of Measurement (2) a. Curb line measurement. Measure along a vertical line extended upward from the nearest curb line of the public street fronting the premises Q1 from the edge of the frontage road fronting the premises where the sign is to be located, to the maximum height allo,.ed for the sign. From that point, extend a horizontal line to where the sign is to be located. The horizontal line is the maximum height allowed at that location. t (2) br I11-35 measurement. Along 1H-35, the height may be measured from the ground when no frontage road xists i r DRAFT City Council June 2, 1998 Planning and Zoning Commission May 13, 1998 Revised 5/1898, Recommended 5/27N8 1 , R.' ~'~°a ` 25 x 10 32X10 saa,xst, y 0 I _ I EXHIBIT •A BUILDING ARTICUL.A'EION it H - Height of buiidil j MHFL - Matim-rn howontal facade length MHFL - Maximum vertical MHOL - Minimum harvzontal al offset t length MVOL - Minimum vertical offset length V z =ice 1" k It } aia~'' ypl 11401 #FfPII 12jN -F~19v= M rl•r~~ ~ y yf.§u u or meatrsum Icr~A of eimer edjx:or pane MHOL 15")) NILM - 2s% f ISOMETRIC OF HORIZONTAL ABT I CU LATIQ,N ~MVFL • 255 armui=M 1ejv of chhc r adjue rrt place A1~T~~ II y j.~ ~ My OL ~ 1SlG (Ff Il.,~; IF ===Y 2 r ~Fw ll~ al It ? 51- 7 e I ' ` IIh„9` 4K'°niP i "d~) k S n~ > • E i_,. l x:66_3 sue.x ~~+a5a~°=_e 1~ I i . ! h' it III I I. ~fyll3, I ,7e k~t. li{ L I { I iN'LtlilJhlill ~i {EIS . pNl'i I 1;4 I £1L`?VIEIV.HORIZO,ti7ALARTICULATION FUVATION -VERTICAL ARTICULATION ' I i 12 e ' - r . :.a . r. t "i w!-w•y . C,P ii ;'no~;1pCR"};,!>: ~'eAYtlx Vic. V.?LO ni••zun « ~ . ApenJeNo.~. ~O~ AGENDA INFORMATION SHEET Aprnda Ite n ~ 1 AGENDA DATE: June 2"d, 1998 Data DEPARTMENT: Planning&Development CM/DCMIACM: Rickfvebla SUBJECT Hold a public hearing for City Council members to bear comments regarding Land Use Assumptions for Impact Fee Implementation. BACKGROUND Based on the population forecast data prepared by the consulting firm of RUST Environment and Infrastructure, the Planning Department has prepared the Land Use Assumptions (Exhibit #1) that are legally required to implement impact fees for weer and wastewater treatment facilities. The assumptions were prepared with input from the City's impart fee consultant, and were presented to the Capital Improvements Advisory Committee on April 22nd, 1998 and were recommended to City Council by unanimous vote. The Land Use Assumptions have been prepared in accordance with the Council-approved Impact Fee Schedule (Exhibit #2). Council has set June 2"d, 1998 as the public hearing date for the Land Use Assumptions. Chapter 395 of the Texas Local Government Code requires a 30 to 60-day public review period prior to the dale of the public hearing. A notice of the public hearing must also be published in the newspaper once a week for three consecutive weeks, the first such notice being published at least 30 to 60 days before the public hearing date. To meet this requirement, a No'.ice of Public Hearing (attached as Exhibit #3) has been published on May, lit, p May I D'h, and May 17'",1998. In addition, notice of the public hearing must be sent by certified mril to "any person who has given written notice by certified or registered mail to the municipal secretary requesting notice of the hearing within two years preceding the date of adoption of the order, ordinance, or resolution setting the public hearing." Staff is not aware of the need to mail any notices in response to such a request. ESTIMATED SCHEDULE OF PROJECT The Impact Fee Schedule is attached as Exhibit 02• Following the June 2"d public hearing, City Council is scheduled to take formal action adopt the Land Use Assumptions on June 16'h,1998. PRIOR AfTIOXREVIEW October 28", 1999 Council briefing on Impact Fee proceri onsiderations December 16'% 1998 Council briefing on Comprehensive Plan January I P, 1998 Council briefing on Impact fees February 17't', 1998 Council approval of forecasts and impact fees consultant cwntrarEj March 17`h, 1998 Council creation of Capital Improvements Advisory Committee April 21", 1998 Council approval to set I and Use Assumptions public hearing date i April 28", 1998 Council briefing regarding the Land Use Assumptions i. FISCAL INFORMATION r None. „s t ; EXHIBITS V r Exhibit #I, Land Use Assumptions Exhibit #2: Impact Fee Schedule Exhibit #3: Notice of Public Hearing Respectfully Su rtt i' r D Mr Hill Director of Planning and Development , t ~C1 32x 1 r Q 1 ,memo EXHIBIT 1 City of Denton, Texas Land Use Assumptions Recommended for approval by the Denton Capital Improvements Advisory Committee to City Council on April 22, 1998, Land Use Assumptions Introduction These Land Use Assumptions have been developed as the basis for the preparation of an Impact fee ordinance for system-wide water and wastewater capital Improvements according to the requirements of State law. Impact fees must be developed in accordance with Chapter 395 of the Texas Local Government Code. In the State Code, at 395.001 (5), 'Land Use Assumptions' must Include a description of the service area and projections of changes in land uses, densities, intensities, and population In the service area over at least a ten-year period. The state law requirements for land use assumptions are summarized as follows: 1. Land use assumptions as defined by Section 395.001(5); 2. Time period of projections; 3. Description of general nature potential capital improvement facilities; and 4. An easily understandable map of the service areas, The ten-year planning horizon used in developing the Land Use Assumptions Is 1999- 2009. Growth projections presented in this report are based on work completed under contract for the City of Denton by Rust Environmental and Infrastructure, Inc., a Dallas company, Including the population forecasts contained In a recent report. The fo;ecast projocts a three (3) percent annual Increase from 1997 through 2002 and a fwa (5) percent annual Increase from 2003 through 2009. See Exhibit C. These over-all growth forecasts for the City are reflected In the Land Use Assumptions for the City's Water and Wastewater CCN service areas. A CCN Is a "Certifc,te of Convenience and Necessity" that must be approved by the Texas Natural Resouces Conservation Commission (TNRCC) before services may be provided to properties within the designated area, The water and wastewater service areas include all of the area within the City plus different areas of the City's Extra-Territorial Jurisdiction. The Wastewater Sjrvice Area Includes an area larger than the Water Service Area. Maps of these service areas are attached as Exhibit A (Wastewater) and Exhibit B (Water). The product of these land use assumptions will be applied to a projected ten-year r;s,p ral Improvement Program (CIP) for the City's water and wastewater treatment facilities to develop an Impact fee that can be assessed to future development. The . impact fee will reflect the "fair share" of the cost of eligible water and wastewater capital improvements that will directly benefit new development within each service area. `V" 1 2 I - wf, w 10 32X IWO" f _ - . - - tlttttttrl r • ` ~ I j i X14 ~ Y r ~ I F.• ^ • r Ill ]9 r ` r M I 4 7 r Cify of Denton, Texas Land Use Assumptions Recommended for approval by the Denton Capital Improvements Advisory Committee ` to City Counclf on Apr!! 22, 1998. f` Methodology' Land Use Assumptions will be developed to project new Residential and Non- Residential development anticipated to occur from 1999 through 2009. Estimated i h e residential development Is stated In tarms of the number of new housing units. T number of projected housing units Is directly related to the population forecast for the City provided by Rust. Estimated non-residential development is stated in terms of square feet of development and is primarily related to the change in population, but also r reflects local and national standards for ratios of land use within oornmunlties. ` Projected non-residential development Is forecast for commercial, Industrial and civic land uses. Civic land uses Include Institutions such as schools, unWmMes, govemment facilities, churches, parks, streets, and other Infrestnxture. Residential housing units and non-residential development In square feet will be converted to demand for water and wastewater service and applied to the CIP. 1 , :r I . I I t 1 ' ~nl '.:i l ` 1 YI i4 ~ ~ b s t a~ rl 4 • id + r 4` ~ I Y 1 t I r 4 1 ! 1. ~ r4l ' : X ''}war/ A 1 ,1 S I/Jr/~ v ~ `~.iK dry "~II}r41Y I"?~'i A4fi.}`TC Id~ ~ • r~■ Anlfx" City of Denton, Texas Land Use Assumptions Recommended for approval by the Denton Capital Improvements Advisory Committee to City Council on April 22, 1998. Residential_Land Use Assumptions To estimate the number of new housing units expected as a result of forecast changes in population It Is necessary to state assumptions about the following: • estimated population expected within the water and wastewater service areas; • estimated mix of housing units - single family as compared to multi-family; • estimated percentage of population living in group quarters such as college dormitories, assisted living centers and jails; • estimated percentage of population that will live in single-family housing units compared to the percentage that will live in mull-family housing i units; • estimated persons per housing unit for single-family and multi-family housing units; and • changing trends In these demographic factors over time. Current Conditions It Is Important to understand the current conditions with respect to each of these residential land use assumptions. • The estimated 1997 population is 74,400 for the water service area and 80,300 for the wastewater service area. The estimated 1997 population for the City Is 71,450. • In 1997, single family housing types accounted for 47% of all housing units while mulMaimily and other types accounted for 53%. The percentage of single-family residential development is among the lowest in the Dallas-Fort Worth metropolitan area. 1997 Housing Units wtthln the City of Denton Type y I, 1890 Apr9,19W thru 1997 1997 Single-Family 13,207 10 3 • Multi-Famil & Other 15,584 1,141 10,723 TOT L 28,791 2,947 31,730 In 1990, more than 10% of Denton's population lived In group quarters. • In 1930, 59% of Denton's population lived in single-family housing, while • 41% lived In multi-family and other housing units (not group quarters). • • _ l 1990 Census, SFT-3 CHy of Denton, Building Permit data, Apra 1990 through December 1997 4 1 10 .32 10 T, 4 0~ _ 0 City of Denton, Texas Land Use Assumptions Recommended for aaproval by the Denton Capital Improvements Advisory Committee to City Council on April 22, 1998. Th 1V90, the estimated persons per housing unit, by type, was 2.8 persons per single-family housing unit and 1.7 persons per multi-family and other housing unit. These numbers are estimated from 1990 census data that shows 2.7 persons per unit for owner-occupied housing, 3.1 persons per family household, 2.0 persons per unit for renter-occupied housing, and 1.4 persons per non-family household. Projected Conditions The process for achieving year 2009 non-residential land use In terms of square feetof new development from an estimate of new housing units developed during the period 1999 through 2005 Is as follows: RESIDENTIAL HOUSING UNITE Forecast of Population Persons per Housing Type Housing Unit Mix Persons per Housing Unit New Housing Units Following are the assumed factors used to derive an estimate of the number of new housing units for the period 1999 through 2009. ESTIMATED POPULATION BY-SERVICE AREA YEAR WATER CCN WASTEWATER CCN SER',►'CE AREA SERVICE AREA 1999 78,900 ~ 85,200 2009 121,400 131,00 ~ O t Over the ten-year period It is anticipated that the Denton area will develop more s'ngle family housing ur Its than multl-family housing units, moving to an estimated 50% 16%4el, rather than 45%, of all horsing units in the area that are single-family housing units. To 5 o , City of Denton, Texas Lend Use Assumptions Recommended for approval by the Denton Capital Improvements Advisory Committee to City Council on April 22, 1998. do so, 55% of all new housing units must be single family housing. To put this In perspective, Iri 1998 and 1997, only 38% of all housing units completed In the City were single-family units. However, it appears that the number of single-family building lots recently platted will begin to be developed very soon and it is estimated that single- family residential development will overtake multi-family residential development. ESTIMATED MIX OF HOUSING TYPES YEAR SINGLEFAMILY MULTI-FAMILY 1999 47% .i3 /o 2009 50% 50% In 1990, more than ten percent of the city's population lived in group quarters, such as { college dormitories, elderly housing, and Institutions. It is estimated that the rate of growth for population living In housing will exceed the rate of growth for population living in group quarters, thus the percentage of population living In group quarters is expected to decline by 2009. Ten percent of the city's population living in group quarters In 1990 accounted for 8,994. Seven percent of the wastewater service area population in 2009 would be 9,170. ESTIMATED PERCENTAGE OF POPULATION IN GROUP QUARTERS 1997 9% 2009 7% The density of residential land use Is indicated by the ratio of single-family to multi- family housing units. The development of single-family housing units Is expected to Increase at a greater rate than multi-family housing, and the average household size for single-family units is greater than multi-family. It is therefore anwpated that the Dercentage of population living in single-family housing will Increase from the 1990 rate J 59%. ESTIMATED PERCENTAGE OF POPULATION _ BY HOUSEHOLD TYPE YEAR SINGLE FAMILY MULTI - FAMILY 1999 59% 41 0 2009 63% 37% ~ O t The Intensity of residential land use Is Indicated by the number of persons per housing ' unit. The local and national trend toward smaller households is expected to continue, t3 "w ?h x 10 32 x y r •a _ I 1 City of Denton, Texas Land Use Assumptions Recommended for approval by the Denton Capital Improvements Advisory Committee i to City Council on April 22, 1 9,98. ' ESTIMATED PERSONS PER UNIT YEAR 61NCiLEFAMILY MULTI-FAMILY • 1989 2.8 1.7 2009 2.7 1.6 I Applying each of these factors to the forecast population for water and wastewater service areas yields the estimated number of single-family and multi-family housing units for the period 1999 through M. RESIDENTIAL LAND USE ASSUMPTIONS ' CHARACTERISTIC WASTEWATER CCN SERVICE AREA WATER CCN SERVICE AREA 1999 2009 Change 1999 2009 Change Population 85,200 131,000 45,800 78,900 121,400 42,500 Population In Group 7,700 9,200 1,500 7,100 8,500 1,400 Quarters Household Population 77,500 121,800 44,300 71,800 112,900 41,100 Single Family 45,900 76,400 30,600 42,500 70,800 28,300 Muld-Family S Others 31,600 45,400 13,F00 29,300 42,100 12,800 Single Family Dwelling Units 18,400 28,300 11,900 15,275 26,255 10,980 Mu1tl•Family 6 Other 18,600 28,300 91700 17,225 26,255 9,030 Dwelling units 5 ~ 1 J I 7 ; t tJ X❑ 1: 2 2a k 32 4A. x . 0 I o Ilh Va"s h City of Denton, Texas Land Use Assumptions Recommended for approval by the Denton Capital Improvements Advisory Committee to City Council on April 22, 1998. Non-Residential Land Use Assumptions To estimate the amount of commercial, Industrial and clvic development expected as a result of forecast changes in population It is necessary to state assumptions about the following: • estimated population expected within the water and wastewater service areas; • ratio of developed land by type of land use, In the city and from national studies; • estimated land use rate for residential development; • estimated ratio of non-residential land uses to residential land use; • est;mated floor area per acre of non-residential land uses; and • changing trends In these land use factors over time. Current Conditions It Is Important to understand the current conditions with respect to each of these non- residential land use assumptions. • In 1997, data from the North Central Texas Council of Govemments (NCT000) shows the following land uses within the City of Denton: 1937 Land Use within the City of Denton Land Use Acres % of % of I All Land Develo Land Residential 8,888 18.7 50.7 Single-family 5,513 15,4 41.8 Muhl-lame /other 1,175 3.3 8.9 Commercial 11235 3.5 9.4 Industrial 1,187 3.2 8.9 Civic 4,094 11.5 31.0 Total Developed 13,184 .9 1 00 • Total Undeveloped 22,547 83.1 Total 35,7J1 100 - In 1992, the American Planning Association produced a survey of land use ratios for cities throughout the country. This allows some comparison for the 1997 Denton data. 8 i ~X ^I r , a i. t Y 10 32XIO e 0 City of Denton, Texas Land Use Assumptions Recommended for approval by the Denton Capital Improvements Advisory Committee to City Council on April 22, 199 8. Land Use Ratios 1997 Local and 1992 National Dates Residential ($F) Cornmercial Industrial 1997 Canton 52(42) 9 R9 31 1992 Smal Cities 52(41) 10 7 31 1992 Cities SOK•90K 50 39 9 12 30 1992 Large Cities 48(38) 10 10 32 1992 Cities 1DOK•200K 47(35) 9 7 37 • In 1997, within the City of Denton and assuming there were no housing units located on land specified as non-residential use, there were 15,015 single-family housing units on 5,504 acres, a rate of 27 units per acre. There were 16,725 multl-family and other residential units on 1,175 acres, a rate of 14.2 units per acre. Overall, there were 31,740 housing units on 5,688 acres of residential land, a rate of 4.75 housing units per acre. 1997 Housing Units per Acre Units Acres nIWAcre Single-Family 15,013 5,504 2.73 Multi-Family 8 Others 16,725 1,175 14.23 i TOTAL 31,738 6,679 4.75 • Applying the area of each type of non-residential land use to residential land use and multiplying by the number of housing units pw acre of land, a ratio expressed In the number of housing units required to support an acre of commercial, Industrial and civic land use can be developed. 1997 Land Develo merit Rate, Commercial Industrial hric Housing units needed to support an acre of 25.7 27.2 7.8 land • • The arrant City of D anion zoning code allows a 2: 1 floor area ratio on commercial and industrial land. In other words, on one acre of commercial or Industrial land as much as 87,000 !;square feet of floor area Is allowed to be developed. However, a more practical development intensity has been a flow area of 0.25. 1 for oorlimerdal and 0.4: 1 for • Industrial land uses. Bringing Land Use Ratios Into the Ws, APA Memo, August 1992 0 • Small Cities are those In th-, survey vMh popufaw less than 100,000 Large Cities are those in the survey with population over 100,000 a WTCOO date, 1998 9 1 „ ICS 32X ❑ i 0 M a xmn 1 ' I City of Denton, Texas Lrnd Use Assumptions Recommended for approval by the Denton Capital Improvements Advisory Committee to City Council on April 22, 1998. Projected Conditlons , The process for achieving year 2009 non-residential land use In terms of square feet of new development from an estimate of new housing units developed during the period 1999 through 2009 is as follows: NOS:-RESIDENTIAL LAND USE Housing Units Housing Units per Acre of N-R Land Use l New Square Feet of Development p sr Acre ;,quare Feet of N-R Development Following are the assumed factors used to derive an estimate of the amount of new non-residential development for the period IS99 through 2009. I ESTIMATED POPL LATION BY SERVICE AREA WATER CCN WASTEWATER CCN YEAR SERVICE AREA SERVICE AREA 1995 78,900 85,200 2009 121,400 131,00 It is anticipated that over time, the percentage of area devoted to residential and G 1 commercial development within the service areas will Increase and the percentage of 0 area devoted to Industrial development will decrease. It Is assumed that most commercial, industrial, and civic development will rake place within the boundaries of the City of Denton. I Estimated Percent of Dove aped and In Service Areas Year Single- Mu1tf- Commercial Industrial Civic O family family 6 0 1999 42.0 9.0 9.5 8.5 31.0 yi 2009 43.0 10.0 0.0 .0 10 rte... • i City of Denton, i'exas Land Use Assumptions Recommended for approval by the Denton Capital Improvements Advisory Committee to City Council on Apr# 22, 1998. ~ It is anticipated that over time, residential development in the area will become denser than the nurnNmindicated in 1997. For future development, it is estimated that single- family residential housing will develop at a rate of 4 units to the acre (compared to 2.7) and multi-family residen :-d housing will develop at a rate of 20 units per acre (compared to 14.2). The density of non-resldendal land use Is Indicated by the relationship between residential and non-residential land used. As residential and non-residential development In the water and wastewater service areas becomes denser than the patterns developed over the past one hundred years, the number of housing units requirod to support an acre of non-residential land use can be expected to increase. However, commercial land use is expected to remain proportional to residential land use. ' 1999 Housing units per Acre of Non-Residential Developed Area (Calculated on the basis of 100 developed acres) Single-Family Housing 42 acres (42%) x 4 units/acre = 168 units Multi-Family Housing 9 bores ( 9%) x 20 unitslacre = 180 unlta Total Housing 348 unite Commercial 348 units + 9.5 acres (9.6%) W 37 units per we Industrial 348 units + 8.5 acres (8.5%) = 41 units per acre CIVIC 348 units + 31 acres ( 31 = 11 units per acre 2009 { Housing Units per Acre of Non•Resldentiol Developed Area (Cdculated on the basis of 100 developed acres) • Single-Family dousing 43 acres (42%) x 4 unitslacre ■ 172 units i Multi-Family Housing 10 acres (10%) x 20 unitslacre = 200 unitlF Total Housing 372 units Commercial 372 units + 10 acres (10%) = 37 unite per sore • • • Industrial 372 units + 8 acres ( 8%) = 41 unite per sore ~ " Civic 372 units + 29 acres (29%) = 13 unite For we ~1 I 32 x NMI 2_51AO'j r, f' u w r3 : I ' a. ,v 1 1 i, l [ I r ~ c , i ~ ta, w .r f ♦ r Y i Y i • r City of Denton, Taxes Lend Use Assumptions Recommended for approval by the Denton Capital Improvements Advisory Committee i to City Council on Am# 22, 1998, Estimated Non-Reeldentlal Land Development Rats Housing units r acre of non-residential land mercial Industrial Civic 1999 7 41 11 2009 37 47 13 The intensity of non-reeldentlal land use is Inftated by the amount of floor area developed per acre of land. It can reasonable be expected that commercial and civic i i , Intensity of lend use will Increase by approximately 20°k, but that irdusbief land use ~ Intensity maybe expected to remain approximately the same. The able also Indicates 1 the relat've, intensity of land use among each of the non-residential land uses, with Industrial land developed most Intensely, followed by commercial and dv{c, with its high percentage of parks and other public areas, not very Intensely developed. Estimated Non-Rest ential Land Development Reis Percent of floor area per acre of non-residential land Commercial Industrial Civic ` tA99 4 2 30 40 8 Applying each of these factors to the forecast population and housing units for water and wastewater serval areas yields the estimated amount of non-residentlal development, as measured in square feet, frr the period 1995 hrough 2009. I , f • j f I t ~ rrs.~' ~ ~Frr • ~ 0 rr 1 ti y+ ~ r 12 , A rim% 0 4 n City of Denton, Texas Land Use Assumptions Recommended for approval by the Denton Capital Improvements Advfsory Committee to City Council on April 22, 1998. ' M NON-RESIDENTIAL LAND USE ASSUMPTIONS CHARACTERISTIC WASTEWATER CCN SERVICE AREA WATER CCN SERVICE AREA _ :99 2009 Change 1999 2009 Chan e Population r 85,200 131,000 45,800 78,900 121,400 42,600 Housing Units 35,000 56,600 21,60x1 32,600 52,510 20,010 Land Use (Acres) Commercial 950 1,550 800 900 1,400 500 Industrial 850 1,200 350 800 1,100 300 CIVIC 3,200 4,350 1,150 3,000 4,0001 000 Floor Area (Million Sq.Ft.) Commercial 10.3 20.3 `.10.0 9.8 18.3 9,6 Industrial 14.8 20.9 6.1 13.9 19.2 3.3 Civic 1.0 11.4 4.4 8.5 10.4 3.9 RESIDENTIAL LAND USE ASSUMPTIONS CHARACTERISTIC WASTEWATER CCN SERVICE AREA WATER CCN SERVICE AREA 1999 2009 Change 1999 2009 Change Population 85,200 131,000 45,800 78,900 121,400 42,500 Population In Group Quarters 7,700 9,200 1,600 7,100 8,600 1,400 Household Population 77,600 121,800 44,300 71,800 112,900 41,100 e Single Family 45,900 78,400 30,600 42,500 70,800 28,300 Multi-FAMIly Others 8 31,600 45,400 13,800 29,300 42,100 12,800 Oth Single Family 16,400 28,300 110900 15,275 ±26,2d555 10,480 Dwelling Units 0 Multi-Family & Other 18,600 28,300 9,700 17,225 9,030 0 Dwelling Unlts 13 1 U 32x e , o , rKatrotw EXHIBIT A Wastewater CCN 401 ti ' ~`i !kits sore • _ a Y"`' y~~/~ ` 11'x` ~ .3<<~ ~ r~ ~ + t~ ~ Y ji % F 11qqj CCC e ` i I 10 32xlo s r , Water CCN FXHIHIT H ~ 55 \ 15 }J y F ~ _ op;o r r . 3DpL 17] i a 11r ~ 5fq, Y ~ T11 f ~^f ~ 5 • w~ LEI, 1 I Q • er~rxs swam - EXHIBIT C I MW Rust Enviranntlsnt llit Infrastructure Inc. AL"IntemolvW1ewn"M Tone 21160tH? 1420 Ons MwtW opd lane Fa 731716421 swim 700 Dnbt b1112 UNG April 17, 1997 i Mr. Dave Hill Director of Planning City Hall West 221 N. Elm Denton, Texas 76201 Dear Mr. Hill: Two tables containing population forecasts for the water and wastewater CCN's of the City of Denton are attached. The population forecasts should be considered preliminary and + the column labeled 3%-5% Is to be considered the Most Like Scenario. The three percent forecast is not likely for the City, and was Included primarily as a point of reference; the low however, the three percent forecast does represent range of the forecast and five percent the upper range of the forecast, The Most Likely Scenario assumes that population will Increase at an annual rate of three percent through tho year 2002, after which the rate will Increase to five percent per year. As more information becomes available the forecasts should be refined, and the forecasts should be updated after the next census rpsults are available. , I hope the attached Information Is adequate for your needs. If you require additional information, of have any questions, please do not hesitate to contact me at 2141838-0145. am, with best regards, Yours very truly Rust Environment f cture Albert C. Petf asek, Jr., Ph.D., P.E. Vice President .fit '1 .~5r I a Ow4 0a0Ww" ► S6 1' „ .r 25 32 X ,'t 25Y 4 1 , I i i I , i 1 Populagon Forecasts for Wastiwater CCN Year 3% 4% 8% 3%•6%' 1997 80,300 80,300 80,300 60,300 1998 83,612 84,315 62,709 1999 85,190 86,852 88,531 85,190 2000 87,746 90,327 92,957 87,748 2001 90,378 93,940 97,605 00,378 2002, 93,090 97,697 102,465 93,090 2003 95,882 101,60 107,610 97,744 2004 98,759 105,669 112,990 102,631 2005 101,722 109,696 118,640 107,763 2006 104,773 114,292 124.572 113,151 2007 107,916 116,864 130,800 118,809 2008 111,154 123,618 137,340 124,749 2009 114,489, 128,583 VA 207 130,987 1 'Recommended Forecast (07198) I Population ForecIsts for Water CCN Year 3x 4% 6% 3% • 6X' 1997 74 400 74,400 74,400 74,400 1998 76,632 71,376 78,120 78,632 1999 78,931 50,471 82,026 7e, 931 2000 81,299 83,690 88,127 81,299 2001 83,738 87,037 90,434 83,738 2002, 68,250 90,519 04,955 60,250, 2003 _ 68,637 94,140 99,703 90,682 2004 91,503 97,905 104688 95,091 2005 94,246 101,822 109,923 99,845 2001, 97,075 105 694 115,419 104,637 2007 99,987 110,130 121190 110,079 2008 102,067 114,535 127,249 115,583 2009 106 077 119,117 133 612 121 382 'Recommended Forecast (411?K8) I , r r i , 17. I i , , 1 0 EXHIBIT 2 Impact Fee Schedule Dates Assuming that we base Land Use ISIS Assumptions on Market Forecasts Council appoints-AdwScard 17-Mar W I Rust briefs Council and Adv Board on market forecasts 24-Mer Rust modifies forecasts as approprlate 3/254/15 Council sets hearing date 2t-Apr Adv Board recommends land use assumptions 22-Apr Mandatory 30-80 day public review 4122.0 Council holds public hearing 2-Jun Cc it adopts land use assumptions 16-Jun A(~' uncon reviews existing plant Info WS-4/70 AT uncon prepares 10-yr CIP 4113.5131 PUB revlew I-Jun Adv Board review IWun City Council review O-Jun AATIOuncon modify 10•yr CIP 6112.7124 I Ir Council eels hearing date 4-Aug I Adv Board sends comments on CIP 12-Aug ' 1 O I ',.f vL Mandatory 30-80 day comment period 61s•11115 Council holds public hearing 16Sap tti: ' Cou"A adopts Mae taN s 161 1 { ^ ; ~ I , 32x1 Ll •i n F.XH7RTT 3 1 NOTICE OF PUBLIC WAR G ON LAND USE + :SS ,`A ON5 REIATI~1' TO POSSIBLE ~JMPi A `'FEES ` ~ .1 oil ON; - s L :•I. j ..l }TIMR15ATEANDL6CATIONOFPUBLICHE/.RING DpNTONCCN$ERVICEAREA MAP CITY; City of Denton • TIME and DATE: During regular City Council meeting WATER & SEWER p a whkh begins st T:OOPM on June 2. 1998. • PLACE: Council Chambers in the Municipal ADDITl04AL ® Building at 215 E.Mciinney.Denicti0exts SEWER ONLY ne City Council will hold a Public Hearing on the above date, time. and location, The purpose of the Public Hearing s is to consider Land Use Assumptions that will be used to; develop a C!pital Improvements Plan under which an n t ! 5 Impact ree may be Imposed for Raw WAter, Water Stonge :r s ' 3'r A Facilities,andY er•WutewaterTreatment Facilities. The' service area for which these Land Use Assumpdons are ' to applicable are within the City of Denton CCN arcs for Water and Wastewater Facliides Which Includes the Corpo- rate limits of the City of Denton and areas within Denton's Extrat-rdtorial Jurisd•+cdoa which service area Is more 7 r; fully shown on the Service .Rea Map made it put of this Any member of the public has the right to appear at the . hearing and present evidence rotor against land Use Assumptions. Copies of the proposed Land use Assumptions, the time period of the projectforu, and a s p. it , description of the general nature of the Capital 1 d Im ovement Facilities thstmaybeproposed available p , to ~jR + and may be obadned from or inspected at The City C f Denton Planning Department located at City Hall WErt, L 7'x 221 N. Elm, Denton, Texas. All membersof the Public an K~1Gi • encoudged to preseni their news at the Hearing. ; (NOT TO SCALE). C .10 fifer W ens 1 1«dan • ` i riy Secretary Direct«.' I Denton, Texas Water Utilitlts Denton,TeMO; „ `ll 5~3 25 X 1❑ 32xIO 0 , o S 1' q Apends Na.~! JVi~1 AGENDA INFORMATION SHEET Agenda 1te Date.- AGENDA DATE: June 2,1998 DEPARTMENT: Planning Department DCNI: Rick Svchla 349.7715 SUBJECT - Rancho Vista Annexation (A-76) Consider adopting an ordinance annexing a 30.32 acre tract located north of Highway 77, east of its intersection with 1.35; establishing Commercial, conditioned, (C[c]) zoning district classification and use designation; and providing an effective date. First reading, A-76. (Planning and Zoning Commission recommends approval of the annexation and Commercial, l conditioned (C[c]) zoning district classification and use designation.) BACKGROUND The Rancho Vista Development Company proposes to develop its site at the northeast comer of the intersection of Highway 77 and 1.35 in a-rthwest Denton to accommodate commercial d.vclopment consistent with an approved General Development Plan. Within the city and adjacent to the proposed annexation, the rpplicant owns 20.060 acres within a Commercial (C) zoning district and 11.484 acres within an Agricultural (A) zoning district. A portion of the area within the City has an approved preliminary plat, the FUF Addition. In accordance with the City's annexation policy plan, approved June, 1993, the City will "assess on a case by case basis the annexation of areas in the extraterritorial jurisdiction (ETJ) when significant developments are proposed." An Annexation Study and Service Plan have been prepared for Council and public review during the annexation process. The capacities of infrastructure such as water, wastewat.r, streets and electric service and such servk: capacities as police, fire, recreation, and general govemment are adequate to provide -civice to the proposed annexation, First reading of the ordinance institutes formal annexation procedures and must be more than 20 days alter the second public hearing but less than 40 days from the first public hearing, The second reading of the ordinance must be more than 30 days after publication of the ordinance and less than 90 days after council institutes annexation proceedings. The ordinance will be published June 7, 1998, in the Denton Record -Chronicle.. The schedule for public hearings consistent with the requirements of State law is included. i • PRIQRACT[ON ! REVIEW ICouecll Boards Commissloas] Be Planning and Zoning Commission recommended approval (5 - 0) of the annexation and zoning at its meeting on May 27, 1998. 1. r ;F 25 K 10 32XOO . aw~w emssers FISCAL INFORMATION Without specific development plans at this time, it is impossible to complete a cost - benefit r analysis without making many assumptions. Neverthcless, commercial development with a retail component oriented toward 1.35 users at this site is likely to have a positive benefit to cost ratio. ATTACHMENTS 1. Annexation Ordinance 2. Site Map 3. Annexation Schedule Respectfully submitt Director of Planning and Development N, Prepared by: 1d1~tSL~ Mark Donaldson Assistant Director, Planning and Development i 1 tlv l'n .^n~ff ff(xpL1V drfinn Inns •agml RdnrAu Li'141 r-lR.Irl'ov x' 1 2 ~ it 41"1.41 1 A Ewa , O , A-76 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING A TRACT 1i COMPR;SING 30.320 ACRES, LOCATED NORTH OF HIGHWAY 77, EAST OF , INTERSTATE 35; CLASSIFYING THE ANNEXED PROPERTY AS COMMERCIAL, CONDITIONED (C[C)) ZONING CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTYIN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AN DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton wishes to extend its City limits line to include the 30.320 acre tract as described in Exhibit A; and WHEREAS, public hearings were held in the Council Chambers on April 21,1998, and May 12, 1998, to allow all interested persons to state their views and present evidence bearing upon this annexation; and WHEREAS, annexation proceedings were instituted for the property described herein by the introduction of this ordinance at a meeting of the City Council on June 2,1998; and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton after annexation proceedings were instituted and 30 days prior to City Council taking final action, as required by City Charter; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I: That the tract of land described in Exhibit A, attached hereto and incorporated by reference, is annexed to the City of Denton, Texas. SECTION 1l: That the service plan attached as Exhibit B, and incorporated by reference, which provides for the extension of municipal services to the annexed property, is approved as part of this ordinance. SECTION III: Thal the annexed property is classified as Commercial, conditioned, (C(c]) zoning district classification and use designation. SECT ION IV: That the City's official zoning map is amended to show the Commercial (C(c)) zoning district classification and use designation of the property annexed. SECTION y- Should any part of this ordinance be held illegal for any reason, the holding shall not affect the remaining portion of this ordinance and the City Council hereby declares it to be its purpose to annex to the City of Denton all the real property described in Exhibit A regardless of whether any other part of the described property is hereby etrectively annexed to the City. If any part of the real property annexed is,tready included within the city 0 A limits of the City of Denton or within the limits of any other city, town or village, or is not within the City of Denton's jurisdiction to annex, the same is hereby excluded from the territory annexed as fully as if the excluded area were expressly described in this ordinance. SMI.ON VI: That any person violating any provision of this ordinance relating to the Commercial, conditioned, (C[c)) zoning district classification and use designation shall, upon , '.l.I .if K~,al<(f i. , / n.vni, of Nna, hi rhm I it nrn. u;; A.r 1 25 10 32xI❑ yr rY _ t M " vy u~ 1 r ~ .•e;:H d;O 4 A... .,.,..«.....rr.«w nnnnc.ew,nnnr+rwn.r...er.n ,w.. r ~ , , 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. $ECjjQjLVJj: Thut this ordinance shall become effective thirty (30) days from r the date of its final passage and publication, and the City Secretary is hereby directed to cause ' the entire ordinance to be published once and the descriptive caption to be published twice in the Denton Record-Chronicle. the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 1998• Jack Miller, Mayor r ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 4 4 I BY: i , r~ 4% ` s i~. f Il. /,ni. nn !kpwrvlr ff 4,Poll IM [r, r,n'r Nuns Nu 4u,rt li r4Rr7, ' h;r dew t r n r~`11 " Y , 1 4~ r, i0r 1 i r. ,ij! A r4 , r 'j wc'YtY / 0 32 x x t `,R 25 s c ® i Site Map Rancho Vista Annexation I I I I CITY LIMITS 1 1 i i I !1 A 1 IA I % • , r Iwo i I i Y ~ I 51 25 KI❑ 32Xlll ATTACHMENT 9 PROPOSED ANNEXATION SCHEDULE A-76 RANCHO VISTA , April 7, 1998 City Council receives a preliminary assessment, gives direction to staff and considers approval of a schedule for public hearings regarding the proposed annexation. a Preliminary Annexation Asses.;ment prepared. April 9, 1998 Notice published in Denton Record-Chronicle for first public hearing. o Annexation Sfudy prepared and available for public review. o Service Pian prepared and awdlable for public review. April 21, 1998 City Council conducts first public hearing. • Public notice must be no less Mn 10 days and no more than 20 days before public hearing. April 26, 1998 Notice rublished In Denton Record-Chronicle for second public hearing. May 12, 1998 City Council conducts second public hearing. Public notice must ba no le;js than 10 days and no more than 20 days before puhRn I, earing. May 27, 1998 Planning and Toning Commission holds a public hearing and considers mr,king a recommendation to the City Council regarding the proposed annexation and the proposed zoning. • Puuli; notiae must be no less than 10 days before public headt'g. June 2, 1998 City Council by a four-fifths vote Institutes annexation proceedings. First reading of annexation ordinance. • Action must be more than 20 days after the second public hearing but less than 40 days from the first public hearing. June 7,1998 Publication of annexation ordinance in Denton Record-Chronicle. July 21,1998 City Council by a four-fifths vote takes final ec6on, Second reading and adoption of the annexation ordinance, City Councll considers r approval of zoning request. 0 • Council action must be more than 30 days after publication of ordinance and less than 90 days after council Institutes 'r annexation proceedings. I Ri.a,iv4..v.a6. 32 X Add . awsaw ~ _ .....~;.r _w.m..a...w+.a~.w.,....~.r+ tee... ^anndp Na AGENDA INFOPMATION SHEET Agenda Item Date AGENDA DATE: June 2, 1998 Y DEPARTMENT: Planning Department DCM: Rick Svehla, 349.7715 SUBJECT - The Preserve Annexation (A•77) Hold a public hearing regarding the proposed annexation of a 15.088 acre property located east of Swisher Road near its intersection with Edwards Road in Denton's extraterrilorialjurisdiction northeast of 1.35E. BACKGRO.V2M The Westover Residential Company and CAIAS, Inc., proposes to develop a 15.088 acre tract east of Swisher Road near its intersection with Edwards Road in Denton's extraterritorial iurisdiction northeast of 1.35E consistent with adjoining property it owns within the City. Within the city and adjacent to the proposed annexation, the applicant owns 400+ acres within a Planned Development (PD-132) zoning district. The area within the City has an approved conctpt plan, `,ut no detailed plans nor has the area been platted for development. In accordance with the City's annexation policy plan, approved June, 1993, the City will "assess on a case by case basis the annexation of areas in the extraterritorial jurisdictio- (ETJ) when significant developments are proposed." Staff has conducted a prelimil.Aiy annexation assessment of the proposed annexation in accordance with policy guidelines. An Annexation Study and Service Plan have been prepared for Council and public review during the annexation process. The capacity of infrastructure such as water, wastewater, streets and electric service and such service capacities as police, rue, recreation, and general government are evaluated with respect to the proposed annexation. This is the first of two public hearings conducted by City Council prior to review by the Planning and Zoning Commission and subsequent action on the request. The schedule for public hearings consi!.Icnt with the requirements of State law is included. PRIOR AC'f1ON / REVIEW (CouBell Boards, Commissions) None FISCAL INFORMATION_ \ None ' ! 1¢ ( u n;iil R.fny (i 1, f~l.„ ii4n IG I'r il'rN Pr i. ~ , f Q. 32x14 25 ~ r • A I Y VOIXwe e STUCHMEWS ti 1. Location Map. 1 2. Site Map. 3. Annexation Study. I 4 , Semce Plan 4. S. Annexation Schedule Rc +fully to mi y i D d Hill Director of Planning and Development Prep red by' Mirk Donaldson Assistant Director, Planning and Development 1. 4 ri ! 1 ~ r n r ~ f e\ I ,fl t , ti ttk ` r IF J r 1 1 1 rt Y r. 1 ' CA,N~ Glxrmlru'CCR.yurtr'Cl"AcNan'.~enrunon, br Prnrtrc PNLAx k; ' t, r Z ,..J 7 ~ 1 i 5,r' r h d'_ 'xY ~ 1 tr 1~ Y tip' .i 10 [ p I rewisr , Location Map A-77 r f Y P7 PROP ANNE L r ~ it I , • Et7 e ~ o • I 'I 3. n Y I t• k+.~1 a J 4J 3 G X O • I Site Map I . A-77 PROPOSED ANNEXATION ! r r f~ , r t ree.•n r,Gr 0 0A I , p O t 1 ~ ~ r' 1 leeell ~~Itentllu ~ a ~ r • i IIIIIlIIIII ~ glee ere re S s I N lel,eltrll~ j r t rl q DIVILOPMEW KAII p THE PRESERVE ! 01, 32 X 2'.5 lo, lo ZOOM o ' 1 i ANNEXATION STUDY (A - 77) The Preserve Name and Address of Owner: Westover Residential Company and CAIAS, Inc. 4000 W. Windsor ;tower Mound, TX 76028 (972) 355-3795 Name and Address of Developer: Westover Residential Company and CAIAS, Inc. 4000 W. Windsor Flower Mound, TX 75028 (972)3W3795 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: Residentlai townhome development at 10 dwelling units per acre consistent with the proposed Development Plan for the Preserve at Pecan Creek. Analysis: e It is the general policy of the City of Denton to assess on a case-by-case basis the annexation of areas in the extraterritorial Jurisdiction (ETJ) when significant developments are proposed, occurring, or likely to occur In the near future. The following are guidelines for determining whon annexation study should be considered: Single famlly developments over five acres; or 0 (2) Multi-family, industrial or commercial development over one acre; or (3) Any area where the density exceeds 600 units per square mile; or I 5. K ~ C~ 32-X p , ya ran . O a¢ i j (4) Any development or area that might have a significant impact upon the city, including but not limited to service costs, Increased traffic, drainage impact, utility needs or utilization, safety or health hazards. Guidelines for scope of study. In studying the questions of whether or not an area should be annexed, the following criteria shall be considered: (t) The ability of the city to furnish normal city services eqL A to other comparable areas Inside the city limits. i A. Streets and Roads. Existing roads in ft area, Edwards Road and Swisher Road, are not constructed to city standards. Substantial upgrades will be required to provide services equal to city standards. B. Water I Wasteyygiler Services. Water service In the area will need to be extended at developer's expense approximately 5,000 feet to any future development. Wastewater collection lines In the area will need to be extended at developer's expense approximately 4,000 feet to any future development. Water and wastewater treatment systems have excess capacity. C. Electric Distribution. Electric distribution is capable of providing service to the area. D. Sons Waste Collection and Disoosal. The city currently does not provide solid waste services In the immediate area. Any development In the area will result in Increased demand for services, Additional personnel and equipment will be necessary to provide service to significant development in the area. E. Policy Services. Any future development of the property will result in Increased demand for police services In the area. The area surrounding this property is already within the city. Response time to the subject property would be comparable to that of surrounding property In the CRY. Additional personnel and equipment may be necessary to provide service to significant development h the area. F. Fire Protection and Emergency Medical Services (EMS). Any future development of the property will result In Increased demand for fire protection and EMS services In the area. Station #B is located near the Intersection of Teasley Lane and Lillian Miller Parkway, approximately ' three miles from the property, Response time via Lillian Miller Parkway and 1-35E may be relatively difficult, depending on traffic conditions. p Extension of Wind River Lane from Tealey Lane to the 1.35E frontage road will greatly enhance response time to the property. Additional personnel ~I 6. ry CJ 32X vM }l / C7 Y. 1 } e • 0 Qarxac: and equipment may be necessary to provide service to significant development in the area. G. Parks and Reaeatign Services. Any future development of the property will result In Increased demand for park and recreation services in the oommunity. Neighborhood parks will be required as development occurs. Additional community and regional facilities may be necessary to i provide service to the residents of the area If significant development In the area occurs. H. Library Ste. Any future development of the property will result in Increased demand for library services in the community. Additional personnel and facilities will be necessary to provide service to the residents if significant development In the area occurs. 1. Code Enforcement Building Impactions and Consumer Health Services. New building activity will trigger additional case work for the Code Enforcement, Building Inspections and Consumer Health departments. At present there is no excess capacity in any of these divisions. J. Plannina and Development Services. Zoning, platting and development activity will trigger addition case work for the Planning and Development Department. At present there Is no excess capacity In any division of the department. K. Miscellaneous. Any future development of the property will result In Increased demand for general government services In the area. Additional personnel and facilities may be necessary to provide service to significant development In the area. L. Capital Improvement Program (CIP). The CIP of the City is prioritized according to the following guidelines; 1. Provision of Capital Improvements as compared to others areas will be based un characteristics of topography, land utilization, population density, magnitude of problems as related to comparable areas, established technical standards and professional studies. 2. The overall cost-effectiveness of providing a specific facility or Improvement. The annexed area will be considered for public improvements to the , p upcoming CIP. This property will be considered according to the established guidelines. 7. j i S~~Q 32x o . `1 1 (2) The reliability, capacity, and future public cost, If any, of current and planned provisions for community facilities such as roads, drainage, utilities, etc. A. Streets and Roads. The property's primary access will be via Interstate 35E, which is the responsibility of TXDOT for maintenance and improvements. Construction of Internal roads required to provide access to future subdivisions of the property will be the responsib!%, of the developer. There may be long-term cost to the city to provide necessary upgrades and Improvements to Edwards and Swisher Roads. B. Water f Wastewater Services. Water distribution and wastewater collection systems are In proximity to the property. Water and wastewater treatment facilities have capacity. Both are `Enterprise Funds" so that any necessary Improvements will not Impact the general fund. Extension of service lines to and withln the property will be the responsibility of the developer. t C. Electric Distribution. Facilities to provide electric service to the property may be necessary. Again, the e!ectric utility Is an "Enterprise Fund" so that any necessary Improvements will not impact the general fund. Service connections will be the responsibility of the developer. D. Solid Waste Collection and Disposal. Equipment to provide services to the property will be necessary when fully developed. The solid waste utility Is also an enterprise fund. E. Police. Fire and Emergency Medical Services. These departments 1 are driven by response time. As additional development Is this area occurs, more personnel and equipment may be necessary to maintain current response times. Station #6 is approximately three miles from this property. F. Parks and Recreation Library and General Government Services. The demand for these services Is a functaon of residential population. Additional development will result in more residents, which Wit result in 0 more demand for facilities and services in the city. (3) The need and quality of land use and building controls. Private controls will be considered. 0 This property is located adjacent to a Planned Development district (PD432) , Y which requires that site plan controls be Included in an approved detailed plan. Control of the quality of iand and building development will be required. i 10 2 *In szX am am ffll~Jatl M-RAL~--~mmaj~-09 o (4) Impact on the city, both current and long range, Including at a minimum: a. Fiscal cost and benefits; Until there are definite detailed plans available for consideration the fiscal cost and benefit of the proposed annexation Is difficult to assess. However, the proposed development plan Indicates that a balance of land uses will be provided, including residential, commercial and civic uses. In addition, many significant public benefits will result from the proposed development, including: ■ Park land dedication within the Pecan Creek drainage area so that linear greenbelts and trail corridors can connect to areas outside the development; ■ An area for community and civic uses is proposed; ■ A school site is proposed; and ■ Construction of Lakeview Road, a north-south arterial, will be required. b. Traffic; Located near the Shady Shores exit from 1.35E, it could be expected that most traffic will utilize the interstate system for travel to the southeast and northwest. Once on the interstate system, traffic impact on existing residential neighborhood will be minimal. Pockrus Page Road and Edwards Road will provide additional access to and from the west. Both operate at less than capacity, but would require substantial Improvements to carry significant traffic. Lakeview Road, a north-south arterial, will be constructed as development occurs. A northern connection to FM 426 is highly desirable to disperse traffic to as many different routes as possible. C. Infrastructure of roads, utilities, and other community facilities; Interstate highway capacity Is in place and will be utilized to a great degree. Local roads must be enhanced in the near future. Water distribution and wastewater collection systems must be extended at developer's expense, I Electric service can be provided. Other community facilities may be necessary if • significant development occurs rapidly, d. Safety and health; The proximity of this property to fire station #6 will provide adequate response times for fire and emergency services, The area Is already within the police service area. Significant additional development may require additional equipment and personnel to provide adequate response times. e, Building or development quality; 9. :n 25 x I~ 32XID • e Y fry • 1 ~A 1 ♦ 'I E ; The property Is currently zoned as a planned development, Land and building design standards can be incorporated. Into any approved detailed plans, f. Aesthetic quality; The city's landscaping ordinance will apply to any new development. Land and ' building design standards can be Incorporated into any approved detailed plans. ` g. Community character. There Is no predominant character of existing development in the area. Any new .rr quality development is likely to enhance the area. (5) Conformance with or need to ensure conformance with the officially adopted master plans of the city. i The 1988 Denton Development Plan Identifies the area as a'Low Intensfty Area'. The low intensity designstlon Is the least Intense development district In the city, Residential development of this property with appropriate nleghborhood-oriented, mixed uses can conform to the 'Low Intensity development standard. ..j 1 1 ' ' I t 1 r j 1 1 • Arm it r aIM- 1 t, 10, 10 o , r o ' I ANNEXATION SERVICE PLAN CASE NUMBER: A•77 AREA: 16.088 Acres LOCATION: East of Swisher Road, near Its Intersection with Edwards Road Municipal services to the she described above shall be furnished by or on behalf of the City of Denton, Texas, at the following levels and in accordance with the following schedule: A. Streets and Roads, Access is available currently via 1-35E, Swisher Road and Edwards Road. Future development will result in the construction of Lakeview Road, a north-south arterial road ultimately connecting Highway 380 and 1.35E along the eastern edge of Denton. B. Water / WJJWAAt3Lfty1SA. Water Is currently available at Pockrus Page Road and 1.36E, approximately 6,000 feet west of the property, Wastewater service Is currently available at Edwards Road, approximately 4,000 feet west of the property. C. Electric Distdbutlon. Electric service Is currently available In the area, D. Solid Waste ColleGJ& e d Disposal. The City can serve this property. Service may require additional equipment, personnel and operating resources. One solid waste truck and three-person crew is needed to serve each additional 1,300 households in the city, Police Services, E. The department estimates that service can be provided within average response times for the city as a whole, The City's priority response time is 8.06 minutes, while Its average response time is 12,45 minutes. tD r F. F.jt$ Protection and Emergency Medical Services (EMS). The City currently serves adjacent property. Station k8 It approximately 3 miles from the subject property. 11. . x 32X~❑ V ~ 1 1 f .r' . t > O t 0 1 r , 1 5t r r• , 1 T4YI...r....n Y..w✓r.~.Mw:~ii.~I.MMwMMwnNM.mMYw4.~n... r ~ 1 • y K 1 .r t G. Parke and Recreation$Arvice~• The City currently serves adjacent property. South Lakes Park Is more than 3 miles from the subject property. Additional neighborhood parks would be required as a result of development, H. Libra Sarvices. The Library anticipates that Increased demand resulting from development + In the City can not be met using existing materials, facilities and personnel. The City currently has less than half the standard number of S items per capita (4.45 items) and below the standard facility area per caplta (0.76 sq. ft.). 1• code Enforcement Buildlpg InagecL ns and Consumer Health Servlces• The City currently serves adjacent property. J. Planni and Development S Ivices• The City currently serves this property. K. lid kp el Improvement Proo ram fCIP). The CIP of the Cityis prioritized according to the following guidelines: 1 • Provision of Capital Improvements as compared to others areas will be based on charectedske of topography, land utilization, population denblty, magnitude of problems as related to comparable areas, established technkal standards and ' professional studies. 2. The overall cost-effectiveness of providing a specific facility or Improvement. The annexed area will be considered for publlo Improvements In the r upcoming CIP. This tract will be considered according to the established guidelines. 'f 1 i 1..f I 1. f ~yl; r ' 1 ( n I's 12. 1 4 I L k'. s , VhKWM ATTACHMENT 5 POOPOSED ANNEXATION SCH41OULE A-7T 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, o Preliminary Annexation Assessment prepared, May 21, 1998 Notice published In Denton Reoord•Chronlele for first public hearing. a Annexation Study prepared and available for public review. o Service Plan prepared and available for public review. I 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 Record-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. Juno 24, 1998 Planning and Zoning Commission holds a public hearing and considers making a recommendation 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, 1998 City Council by a four-fifths vote Institutes annexation proceedings, FIrst reading of annexation ordinance. • Action must be morn than 20 days after the second public hearing but less than 40 days from the first public hes ring. July 26, 1098 Publicatlon of annexation ordinance In Denton Record- Chronicle. September 1, 1098 City Council by a four-fifths vote takes final action. Second reading and adoption of the annexation ordinance. City • Council considers approval of zoning request. • • • Council action must be more than 30 days efte; f publication of ordinance and less than 90 days after council Institutes annexation proceedings. Q'd7rlkxyTre~~(Y'AywpLlwunvlna rAr Pnxne.dnr 13. - s.x' ;?F) "R 0 32XIO - WAWA 0 WOW" Agenda N9 / AGENDA INFORMATION SHEET agenda Ilem ~1~ Dale~_t;~ ~E AGF,NDA DATE: June 2, 1998 II DEPARTMENT: Planning Department i DCM: Rick Svehla 349-1115 5J ,[JC1-Exaction Variance (V-98-005) Consider approval of exaction variances from Section 34.114(3), street design standards, Section 34.125(b), street access, Section 34.114(17), sidewalks, Section 34.124(e), drainage design standards, and Section 34.124(8), concerning drainage easements, of the Subdivision and Land Development Regulations for a 61,018 acre properly is located in Division One of the City of Denton's Extraterritorial Jurisdiction (ETJ). The property subdivision is located on the south side of Shepard Road and to the west of Green Valley Circle. Proposal is to subdivide four (4) existing lots into nine (9) lots for single family housing. BACKGROUND The applicant has requested a total of five (5) variances based on the shape, topography or location of the property (2) and a reasonable relationship between the requirements of the Code of Ordinances and the type of development (3). In determining whether or not to approve exaction variances concerning the Rolling Meadows Addition, City Council must determine if the imposition of any development exaction pursuant to the City's Subdivision and Land Development regulations exceeds any reasonable benefit to the property owner or is so excessive as to constitute confiscation of the tract to be platted. The following paragraphs summarize the staff recommendations and r"-.firing for each variance request. Additional information is provided in the attached Planning and Zoning Commission staff reports, 1, Exaction I'artance front Section 34.114(3) concerning street design standards The applicant has proposed a twenty (20) foot wide gravel road. Regulations require a twcnty- four (24) foot wide road with five (5) inches of asphalt on a six (6) Inch limed subgrade. This variance applies only to the interior road; according to Section 34.114.5(c) of the code of Ordinances, this property is not required to provide p,,rimeter paving along adjacent public streets, because it is located more than eight thousand (8,000) feet from the nearest City of Denton walerlinc. • Rccon tion'Reasoninz: Staff recommends approval of a variance from the street design standards requirement. Construction of a standard estate section road for this development would cost approximately $ 117,000, which translates into 513,000 per lot. Based on the $4,500 per lot that it typically costs to construct a street in front of a Single-Family 7 (SF-7) lot In the City of Denton, staff proposes that a road be constructed that will cost approximately $40,500. 2. Exaction I'artance from Section 34.115(b) concerning street access • The applicant is proposing a private road. According to the City's regulations, this is not O allowed except within a Flanned Development (PD) zoning distrlct, This is not an option for the property, because the subdivision is located within the Extraterritorial Jurisdiction (ETJ) of the city of Denton where there is no zoning. The proposed development does meet all other private road conditions, which relate to through traffic, drainage, and access to a public road. Furthermore, Denton County does not allow private roads. LJ 32X p :mu*" 1 Recommendarion/ReasoninQ: Staff recommends approval of the variance from the private road requirement. Without a variance, the developer will be required to improve the road to County standards in order to dedicate it to the County as a public road. This would cost well in excess of $40,500 that the developer would spend if a vrviance is granted from Section 34.114(3), concerning street design standards (see above). 3. Exaction Varlance front Section J4-114(i 7) concerning sidewalks The applicant proposes no pedestrian access system (sidewalks) along the proposed interior street, The cited section requires a four (4) foot wide sidewalk along all road frontages, According to Section 34.114.5(c), the sidewalk requirement does not apply to Shepard Road or Green Valley Road (the perimeter roads) as the property falls outside of the eight thousand (8,000) feet distance from a City of Denton Waterline. Recommendation/Reasoning: Staff recommends approval of a variance from the sidewalk requirement, The standard sidewalk would cost approximately $17,000 to construct along the interior road of this subdivision. This would place a cost of 54,200 per lot compared to the typical $1,000 per lot cost for a Single-Family 10 (SF-10) lot in the City of Denton. Because of j the size of these lots in the Rolling Meadows Addition, any substandard sidewalk costing in the range of SI,000 per lot would not provide anything resembling a sidewalk. 4. Exaction Varlance from Section 34-124(e) concerning drainage design standards 1 he applicant proposes to leave the drainage area on this property in a natural state except along the proposed private road. The section referred to requires that drainage channels not associated with a floodplain be lined or replaced with underground pipes. RcconrrjYcpt(aN n/Reas2nt : Staff recommends approval of a variance from the drainage design standards requirement. The snbjcct drainage course is approximately 1,300 feet long. Installing a channel lining or pipe system would cost more than S53,000. The construction of nine homes on the subject b l acres will not have a significant effect on drainage. The smallest lot is five (5) acres, A culvert sired to carry a 100-year storm will need lobe installed under the private road. 5. Exaction Variance from Section 34.114(g) concerning drainage easements The applicant proposes to provide a drainage easement measuring seventy-five (75) feet wide without a drainage study. Section 34.124(g) requires that a drainage easement be sized to contain the associated watercourse. Rcconinicndahoacasoninp: Staff recommends approval of a variance from the drainage easement requirements and agrees to a seventy-five (75) foot wide drainage casement, running Wcst-to-Fast from the west property line of Lot 16R-1 to the east property line of Lot 13R of the Rolling Meadows Addition, without a drainage study. A drainage casement Is necessary to • protect the property of both the lot owners within the subdivision and property owners of surrounding land, The lack or a drainage casement could allow future lot owners to obstruct the natural flow of water across their property, causing flooding and property damage on their lots as well as adjacent ones. The seventy-five (75) foot easement agreed to by city staff and the developer at the Planning and Zoning Commission meeting on April 22, 1498, without a drainage study is more than adequate to serve this natural drainage course. 2. r ~r 41 nr 21) K 1LI 32X1[1 , 0 t . t r rr. PRIOR ACTION/REVIEW (CounclL Boards, Commissional The Planning and Zoning Commission recommended approval (4.0) of a variance of Section 34- t 114(3), concerning street design standards, of the Code of Ordinances on April 22, 1998, with f the condition that a minimum thirty-five (35) foot interior radius be provided at all intersections on the private road as the cost of the standard road improvements would far outweigh any benefit E to the properly owners in the subdivision. The Planning and Zoning Commission recommended approval (4-0) of & variance of Section 34- 125(b), concerning street access, of the Code of Ordinances on April 21,1998, to allow a private street in the ETJ as the cost of constructing a public street would far outweigh any benefit to the property owners in the subdivision. The Planning and Zoning Commission xommended approval (4.0) of & variance of Section 34- 114(17), concerning sidewalks, of the Code of Ordinances on April 22, 1998, as the cost of the sidewalk improvements would far outweigh any benefit to the property owners in the subdivision. The Planning and Zoning Commission recommended approval (4-0) ors variance of Section 34- 124(e), concerning drainage design standards, of the Code of Ordinances on April 22, 1998, as } the cost or installing a channel lining or underground pipe system would far outweigh any benefit to thr property owners in the subdivision. The Planning and Zoning Commission recommended approval (4-0) of a variance of Section 34- 124(g), concerning drainage easements, of the Code of Ordinances on April 22, 1998, with the condition that a seventy-five (75) foot wide drainage easement, running West-to-East from the west property line of Lot 168.1 to the east property line of Lot 13R of the Rolling Meadows Addition (see Planning and Zoning Commission staff report and enclosure), be dedicated to the City of Denton without a drainage study as the cost of conducting a drainage study would far outweigh any benefit to the properly owners in the subdivision. ; . r FtSCAi INFO1tAT'[ON Nona t A ATTACHMENTS 1, Planning and Zoning Commission Reports, May 13, 1998, V-98.005. ! r v 2. Plaiming and Zoning Commission minutes from May 13,1998, Res{{ ectfull u t e- ar I avid Hill Director of Planning and Development r Prepared by: • • Wayne Wed Planner I p,lfny l5ml:~,(I Spill lh lvrr Aye 3, i' R- 32 Iff- 71 ✓'a • e 0 ATTACHMENT 1 r Memo To: Planning and Zoning Commission From David Salmon, PT, Engineering Adm nistrator Date 04/15/98 Re Rolling Meadows Addition Paving Variance Landmark Sun eyors Incorporated, representing the "net of Rolling Meadow Estates located south of Shepherd Road and west of Green Valley Road in zone 1 of Denton's ET) has applied for a variance of Section 34.114 (3) concerning street design standards. The cited section requires a 24-foot wide road with five inches of asphalt on a six inch limed subgrade. The applicant proposes a 20-foot wide gravel road. This variance applies to the interior road only as this property falls outside of the 8,000 foot from a City of Denton waterline boundary. Perimeter paving is not required along Shepherd or Green Valley Roads. The variance is not based on the shape, topography or location of the property but is based on rcasonabld relationship between the requirement and the type of development Therefore; the commission must consider the following: Criteria for variances from development exaction's. Where the conunission finds that the imposition of any development exaction pursuant to these regulations exceeds any reasonable benefit to the propaty owner or Is so excessive as to constitute confiscation of the tract to be platted, it may recommend approval of variances to waive such exaction's, so as to prevent such excess, to the City Council. Waiver of developmental exactions shall be approved by the City Council Staff recommends the variance of the paving requiremtnt as requested. Thee standard estate section road in this case would cost approximately $117,000 to construct, which would be $13,000 per lot j (lased on the $4,500 per lot that it costs to constrict the street in front of a typical SF-10 lot In the Ctiry . of Denton, staff proposes that a toad be constructed that would cost approximately 540,500. Aecolding to recent bid paces, a 20-foot wide road with a standard 40' radius cul-de-sac constructed of a six-inch + layer of gravel would cost the developer approximately 535,000. Recommended Motion: ti I move that we recommend to the City Council that a variance of Section 34.114 0) of the Code of Ordinances, as requested by the applicant, be granted as the cost of the standard road improvements e ' • 0 would far outweigh the benefit to the property owners in this subdivision, i , +9F' I 4. , h 7 • ~e , . r r 25 x! 32 X Q e , 0 NORTH f V-98.005 Rollin Meadows 1 SITE ---1, V .J ~ Ul - ~ rY-J I "R-T 1 i VICINITY MAP Dale: April 22, 1998 Saalo: Nom S 2:r-S is 32XI❑ s > 0 j A. PATTON SURVEY A-990 SHEPAR ROAD ? &LIS I 1 L,rv ' ~ lrl. '.I r tet" { lot ■ 0 • t p, l T 41 . I 1,.11 m ~ 1 1 °f ►ICINITY MA! s rr. ! ALE r s 2000' MCI. t I I HOW SURVEY A-1240 • ter . WLI IT 7M"s II tof 0 V . { . yo ..m" FRELIMINART PLAT ' j L TS 13R 14R-2 14-2 ,4R-3 1411-4, I t L? 1 FP,, 15R-1, 16R01. &ST T S i n e o ~lyy~ y` }uy{nom Jwl~ _J 4 1` I O rWt W HLFLA I IY I~VYJN MEADOWS ESTATES BEING StO84 ACRES IN THDENTON COUNTY, TEYXAS X240 PA PON w NOR v,rtauri 1A1o foul 'b, I wa LOT* LOT 14 re rtaO 1ffYL ~k 6~ m'~N1) 6two tow 0#40% '1~ " ter 1 Lor n. e [ r,'" i.{y~ (W~ bf-am RA r FF -i IV/Y/!Ot INC. fm WIN Ir. t ~W t 1114 i 32X~~) AWN"" 0 . 1 Aww„ 1 i Memo To: planning and Zoning Commission From: David Salmon, Engineering Administrator Date: 041199S Re Rolling Meadows Addition I Private Road Variance Landmark Surnyors, representing the owners of Rolling Meadows Estates located south and west of the intersections of Green Valley Road end Shepherd Road in Zone 1 of Denton's ETJ has applied for a variance of Section 34.125 (b) conceming street access. The cited section states that private roads are only permitted in Pianned Development Zoning Districts. As this property is outside of the city limits where zoning is not required, there is no mechanism to provide private roads outside of the city limits. Section 34.114 (13) also requires the developer to provide the city with a copy of the subdivision's covenants and deed restrictions providing for the maintenance of all privately maintained common areas. The applicant is proposing a private road and has not submitted covenants and decd restrictions at the time of this writing, The applicant does meet all other private road conditions, which elate to through traflle, drainage, and access to a public road. This variance is not based on the shape, topography or location of the property but is based on reasonable relationship between the requirement and the type of development. Therefore, the commission must consider the following Cntena for variances from development exaction's. Where the commission finds shat the Imposition of any development exaction pursuant to these reg,-iations exceeds any reasonable benefit to the property owner or is so excessive as to constitute confiscation of the tract to be platted, it may recommend approval of varances to waive such exaction's, to as to prevent such excess, 10 the City Council. Waiver of de dopmenlal exactions shall be approved by the City Council Staff recommends a variance of the private road requirement Denton County will not allow a graveled road to " be dedicated to the public, Constructing this road to County standards would cost well In excess of the 540,500 or so recommended by City staff in the previous variance, However, the County will allow a privately maintained road to be graveled. Staff recomrntnds the following condition. Covenants and deed restrictions will be approved and filed which provide for maintenance of the road, Recomn ended Motion: I mo; a that we recommend to City Council that a variance of Section 34.125 (b) of the Code of Ordinances be • r, granted to allow a private street in the ETJ a the cost of constnteting a public stmt would far outweigh any benef t to the property owners In the subdkvision, 7. wK .H 25 ~0 32XIO 1 NORTH V-98.005 Rollin Meadows • C- SITE 14 r 7- c 1 R 1._ I L VICINITY MAP Dale: April 22, 1998 Scale: Non it 0~ 32XIn o , 0 r~ A. PATTON SURVEY A-990 SHEr'AR4 R A I I I 1 rlLVt 'I L07, r I LOT w tol s 6 ' I 11 i i1P, . SCALE 1' a 20OW e ~ Url I , ° . I11 1 11 6w I wa } { wOIID.CtMQa1~(.1}[L7]y~~lwrroou+ 'j ~ ol 1 w71 1 I ` ' I f --0u SURVEY A-1240 ""`a""' Jl L°~ w } , ° ,a„n PRELIMINARY PLAT LOTS 13R 14R-2 14-2, 14R-3 14R-49 6~~.a, 15R-3, 15R-~, 16R-be 16~-2 v BEND0 OL I 0 Mf DOLEST~T REPLAT OF ES °14aK,a, TS % ROLM • j 4 " ' , ,,1°, W" WS ESTATES BEND StOe4 ACRES • TAW IN THE J. THOMAS SURVEY A-1240 DENTON COUNTY, TEXAS j p?. 'I 11"IST 10 1 vlrv 1x, room 4y I tote I ' r l O , Oelt Nf r N x Mom KMMM um for ! I lot r7~ Nol R Lo ) MIAMI VOL C ho II! I_ o~t1[1 ..~_1 QJ ~1 IV~IriTORI, INC, FM PM On4114 Rl t I ORA"m ml !^Jt4 aro AI MO 41, 32xlo 0 Memo To: Planning and Zoning Commission From: David Salmon, Engineering Administrator j Date: 04/15198 Re: Rolling Meadows Addition Sidewalk Variance Landmark Surveyors, representing the owner of Rolling Meadows Estates, located south of Shepherd Road and west of Green Valley Road in Zone 1 of Denton's ETJ has applied for a variance of Section 34-114 (17) concerning sidewalks. The cited section requires a 4-foot wide concrete sidewalk along all road fiontagc<. The applicant proposes no pedestrian access system. Because this property falls outside of the 8,000 feet from a City of Denton water line boundary, the sidewalk requirement would not apply to Shepherd or Green Valley Roads (the perimeter roads). This varidnce is not based on the shape, topography or location of the property but is based on reasonable relation.Np between the requirement and the type of development. Therefore, the commission must consider the following: Criteria for variances from development exaction's. Where the commission finds that the imposition of any development exaction pursuant to these regulations exceeds any reasonable benefit to the property owner or Is so excessive as to constitute confiscation of the tract to be platted, it may recommend approval of variances to waive such exaction's, so as to prevent such excess, to the City Council. Waiver of developmental exactions shall be approved by the City Council, Staff recommends a variance of the sidewalk requirement. The standard sidewalk in this case . would cost approximately $37,600 to construct which would be approximately $4,200 per lot, compai;d to the $1,040 per lot that it costs to construct the sidewalk in front of a typical SF-10 lot in Dalton. Because of the extremely large frontage on these lots, applying $1,000 per lot would not provide anything resembling a sidewalk. Recommended Motion: I move that we recommend to the City Council that a variance of Section 34.114 (17) of the 0 Code of Ordinances be granted as requested l y the applicant as the cost of sidewalks would far outweigh the benefit to the property owners in this subdivision, - ~~i w 32 X I O s mu►aa f NORTH V-98.005 Rollin Meadows i I' t SITE ~r f r= 1. 1 1 - r 1 J j i _ y'fi r ' VICINITY MAP 101 1 Dais: April 22, 1998 Scale: None 25 X, 32XIO c i . A. PATTON SURVEY A-990 1 Lm SHEPARD ROAD x u 1 I` 7 Lot o 1' 1y1 ti 1 y y LOT • 1 LOT* a 1 M1. 1 VICINY MAP 9CAL[ Ie 2000' i WALT" Am" OAd.C . r7) ' 3 7 C`a r . ~ Ma N 4 ~ w l 1, lr 3URVE A-1240 • - v J LOT 0 .C- ;;sa THOW 1 `°';,R ,,,,pro PRELIMINARY PLAT WI„ LOTS 13R, 14R-2 14-2, 14R-3 14R-4, V ; J:; 16~i & 'ei"a/ 15R-1, 15R-1, 16R- -2 _ OF ROML 0 M D01N ESTATES • • k R I ' e ;~~ADOWS ESTATES BM 610844 AM IN THE J. THOMAS SURVEY A-1240 t N J DENTON COUNTY, TEXAS . u Sir p P, rp. ti , Ki9 w l m XAM , lot a I bbO mom TOM _ M40" wua lt c rl~ : LOT a nor 17! v~o of w ■ rah 'Ya 44 ~mo IIfQ PAR 1"" H741M na>*m MI_ x~[yoROam Jsln_,tar/ i s r e , 0 Memo To: Planning and Zoning Commission From: David Salmon, P.E. Engineering Administrator Date: 04/15/98 Re: Drainage Variance - Rolling Meadow Estates Landmark Surveyors Incorporated, representing the owner of the proposed Rolling Meadow Estates, has applied for variances of Section 34.124 (e) and (g) conceming drainage design standards and easements respectively. Section (e) requires that channels not associated with a lloodplain be lined or replaced with underground pipes. Section (g) requires that an easement be granted for public drainage facilities. The owner proposes to leave the drainage areas on this property in a natural state except along ` the proposed private road, and proposes no drainage easements outside of the private road easement' The applicant has based the requests on the lack of need for easements and improvements based on the size and number of lots combined with mild topography, which makes these exaction variances. The commission may recommend to City Council that exaction variances be granted under the following condition: Criteria for variances from development exactions. Where the commission finds that the imposition of any development exaction pursuant to these regulations exceeds any reasonable benefit to the property owner or is so excessive as to constitute confiscation • of the tract to be platted, it may recommend approval of variances to waive such exaction's, so as to prevent such excess, to the City Council. Waiver of developmental exactions shall be approved by the City Council Staff recommends that an exaction variance be grated for the channel lining / pipe system requirement. The subject drainage course is approximately 1300 feet long. Installing a channel lining or pipe system would cost more than $33,000. The construction of nine homes on the subject tit acres will not have a significant effect on drainage. The smallest lot is 5 0 acres. A culvert sized to carry a 100-year storm will need to be installed under the private toad. • Pape 1 13. 10 Ih ~ 32X , Y~ ~ ° 1 ~ Z~yti i try' /'1'. Jx'♦ S 0 . ' . k 1~ i r I r , i re 1 f1 ~ 1 ,•r ✓w1Tf1ii1N ~ ~ , , ~ i r r i n r ' _ + r. , ti- t, !fr 1 J 11 Vii: r i P,.iJ f Staff dccs not recommend an exaction variance of the drainage easement requirement Because of the proposed placement of 9 homes and most likely several outbuildings, the need it created for the delineation of a drainage easement outside of the private mad easement not only for protection o f the lot owners but also adjacent properties. By not granting an easement, future lot owners could obstruct the natural flow of water across ; the'v property and cause adjacent properties to flood. There would be no recourse to the damaged parties except for a civil suit. Government entities could not intervene. Also, the dedication of a drainage easement will ensure protection of the lot owners, as they will be kept from placing their own homes too close to the natural drainage course. In this case, the natural watercourse is so gradual, a lot owner may not realize that a drainage course exists. RPtommendedMotions: ;i A) I move that we recommend to the City Council that a variance of Section 34-124 (e) of the Code of Ordinances be granted allowing for natural drainage channels as the cost of a pipe system or channel lining would far outweigh any benelit to the property owners in the subdivision. B) I move that we recommend to the City Council that the varisnoe of Section 34-124 (g) not be granted as the establishment of public drainage easements will provide a reasonable bene5t to property owners in the subdivision. r i 1 t 1 -44 f I s t ~ ~ r J , P~ e .1 ~ °J t 5 1 I r ( A a Pa" 2 J. i o c , t NORTH ~ V-98-005 Rollin Meadows SITE ~ J a c Jr~ i • - VICINITY MAP Date: April 22, 1998 scale: None 15. 2") 32x1 KNEU s 0 o A. PATTON SURVEY A-990 SHEPAAD ROAD , x 0 ~I ,111 O , 3 I u tot V a r toy • tot ■ 0 r. 1 F. 3 ai11m t i j ►ICINITY HAP It k 4 ALE r to 2000' A xALttll •IRfWN 9 a - , rd' i THOS SURVE A-1240 Lote omorn PRELIMINARY PLAT LOTS 13R, 1411-2 14-2, 14R-3 14R-40 v y m ,s mr 7600 15R-1, 1SR-1, 16R-1, 16~-•2 1 4~ f s OF ROLLING MEADOW ESTATES tn°t a "Von NM A REPLAT OF LOTS 13-16 OF ROLLING 'ue, to m27 MEADOWS ESTATES E'IENO K084 ACRES • IN THE J. THOMAS SURVEY A-1240 4 .'L DENTON COUNTY,; TEXAS K u unttvo NOW Ry I ilw r~tew Ap4q tot w i ~O a . ° T.....u. •r @d10K "us TMI way LOW" tot is Lot n1 ° 4 IOCIL~YYI "U14" VOLV3 b.a>.°LL I CFAL e.r,61 Inc T{TlY/TOMPAX WN KIVU TAWN R: T i_ lCNL fg0tDAM 9t. Zlt_ X8 Ma 0.r i 7= wire 32xlo L 11 A I Planning and Zoning Commission Minutes April 22, 1998 Page 9 of 20 ATTACHMENT 2 Ms, Schulze', Okay, I would like to put a single-story duplex on the property that would bn 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 patilloner? Ms. Gourdle. So, do you have the couple already in mind? I Ms, Schulze, Well, no, I don'I. Ms. Gourdie: Okay; thank you Commissioner Powelt. If there are no further questions, then thank you very much. Ms. Schulze: Thank you. Commissioner Powell, Is there anyone else to speak In favor of the petition? Is there anyone to speak against the petition? Is there anyone to speak against? No more speakers; well 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 totals six responses-five In favor and one neutral to the request. Also, the applicants upon the behest or staff, organized a neighborhood meeting at which only one Individual showed up. It was odd; she was my former IAndlady from Denton prior to my relocating after I 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 opWunity to meet with neighbors. _ Commissioner Powell, Thank you Mr. Engelbrechl. 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 fore motion, Mr. Engelbrecht Mr, Chairman, move approval of Z-98-020. Ms Ganzer. Second Commissioner Powell We have a motion and a second; 4 there any discussion? Seeing no discussion, I will an for a vote, Al voles have been cast Ms Holley: It wiped out. You'll be, a start over, Cammissone( Powell: We will have to do it again. Here we go. Votes are displayed and again It is 6.0 with 2 absent. - 0) 6 irmis,Joner Powell. Record to show that Mr. Engeibrecht ksleaving at this time, • Mr. Engelbrecht left the meeting ITEMS FOR INDIVIDUAL. CONSIDERATION 8. Rolling Meadows Addition. The 61,084-scre property Is located In Division One of the City of Denton's Extraterritorial Jurisdiction (ETJ) on the south i of Shepard Road and to the wast of Arson Valley Road. The purpose of the plat Is to subdivide four (4) exlsUng lots within the Roiling Meadows subdivision Into nine (9) for single-family lots. t. Commissioner Powell. Item 8-for Indrvidual consideration. Rolling Meadows Addition. The 61.084 sue property Is T►M~ located in Division One of the Crry of Denton's Extraterritorial Jurisdiction (ETJ) on the south side of Shepard Road end to the west of Green Valley Rood. The purpose of the plat Is to subdivide four (4) existing lots within the Rolling Meadows subdivision Into nine (9) for single-family lots. I went to mention here that we have an a., b., e., d" a., and i 17, ~h 10 32x c Planning and Zoning Commission Minutes April 22, 1998 Page 10 of 20 i f, and it might be a lad tricky, so I will ask Mr. Salmon if he will give us the best way he thinks Thal we should handle this i , Mr, David Salmon presented the staff report. Mr Salmon, Thank you, Mr. Chair. I was going to make a suggestion. The first three variances are regarding streets and sidewalks-are all very similar and somewhat related. So my suggestion would be that I cover those three variances at one time and that you make separate motions on each of the variances for clarity, but that we cover those three variances and then when that is complete, move into the second two variances, which are both drainage-related. Commissioner Powell: Would that meet with the approval of all the Commissioners? It does, so proceed, sir, and thank you. a. Consider making a recommendation to City Council for an exaction variance from Section 34-125(b) concerning street access. (V•98.005, Rolling Meadows, David Salmon) to. Consider making a recommendation to City Council for an exaction variance from Section 34.114(3) concerning street design. (V•98.005, Rolling Meadows, David Salmon) c. Consider making a recommendation '.j City Council for on exaction variance from Section 34• 114(17) concerning sidewalks. (V-98405, Rolling Meadows, David Salmon) Mr Salmon: Thank you As stated, this property is located in the ETJ of the City of Denton, It is nonh and east of the main area of the city A little bit closer map ehcws where it Is in relation to Shepard Road and Green Valley Road, which is north or FM 428, which is also Sherman Drive when you come into Denton. This is a copy of the actual plat document that you will be considering later after the variances, but I have marked It up somewhat to illustrate the areas where we will be considering variances This property may be somewhat familiar to a few of you, I think this property was platted maybe three years ago or so. As a matter of fact, we had all these some variances at that line. Staffs recommendations on the variances will be N. same as they were the last lime. 11 is just that we have to go back through this again simply because this is a new plat. The previous plat, I guess just for a little bit of background, all u. the lots had frontage on existing county roads, being Shepard Road and Green Valley Road in this repeat or the western portion of the original subdivision, the lots are being divided such that there will be access via an internal road That I have highlighted in green. It does not show up very well on the screen, but k Is a north- south road coming in ON of Shepard and thin a short stub outgoing towards the east, The first variance Is a variance of Section 34.125(b) concerning street access, All lots with ;n the city of Denton and in the ETJ are required to have a mininwm of 30 feet or street frontage on a public street. In the City of Denton, we do allow for the use of private streets In a Planned Development zoning distrid. In this instance, the owners and Line developers of the subdivision wish to access These nine lots with a private street. Because N Is in the ETJ-we do not have zoning In the ETJ-we have no mechanism In our ordnance (hat allows for a private street in the ETJ. One sidelight that I would like to mention is that when subdivisions do have common areas or private facilities such as this, the City of Denton does require that the subdivision, or that the developers, provide the City with a copy of the subdivision's covenant or deed restrictions showing that t' cy provide for maintenance of all privately maintained common areas Of course it the variance Is passed and the plat is approved with the private street, the developer will have to ensure the City that the private street will be maintained by the homeowners and be enforceable through Its covenants and deed restrictions Those are typically reviewed by our Legal Department, This particular variance-rol being based on any unusual topographic fealures but mainly with Ina expense due to constructing a standard stale section road-would be considered an exaction variance. This is a variance that the Commission will consider this evening and male a recommendation to the City Council In this instance, staff Is going to recommend the variance or this provision to BROW for a private road The county will not allow a public road to be graveled, That Is the next variance that we are going to be getting into The applicants propose a gravel road. The county will not allow a gravel road if it is public road, but they will allow a road to be gravel if it is private. The County dces allow private roads In their O jurisd cfion So, if this private road vari,nce Is not granted, it would cause the subdivider to have lo construct a paved road to county standards at this location, which would cost in excess of $40,000, Spread over nine lots, when Q you look at this as a per lot basis, that figure greatly exceeds what we would consider a normal cost to build a public y street in front of a normal lot in the city of Denton. Some of you have heard this figure before, but 1I costs approximalety $4,500 per lot in a residential subdivision to construct the street In 1ron1 of 11. That is based on a single-family 10 V, which typically I think has a minimum of 70 feet of frontage. So, again staff Is recommending ^t"~, 37x11 1 , to Planning and Zoning Commission Minutes April 22, 1998 Page 11 of 20 that this particular variance would be approved Because building a paved read for these nine lots, which are very 'urge and have very long frontages-the cost would be In excess of the benefits that would be received by the people that live in the subdivision. Do you have any questions at this point? Moving on to the second variance. which is also related to the road Is actually related to the paving Section 34-114(3) of our subdivlsion regulations is the section that specires what type of paving is required on roads, whether they are public or private, Our standard paving section for even a private road would be 24 feet wide with 5 inches of asphalt over a lime prepared subgrade Again, the applicant wishes to do a gravel road, I believe 20 feel In width, which Is wide enough to pass two-way traffic. Again, this Is an exaction variance because it has to do with the cost of the improvement as opposed to something that is physically on the property. So, it is again an exaction variance that you will be making yourI recommendation to the City Council on. Staff is recommending the variance In this case because the standard city section that they would be required to build if they did not receive a variance would cost in the neighborhood of about 5117,004 which Is even considerably more than what the county road would cost. A gravel road will cost the developer approximately $35,000, 20 feet wide, 6 inches of flex base gravel. We believe that that cast is probably more reasonable and is certainly closer to a regular street cost on a per lot basis than $117,000 would be. The third variance„ . Commissioner Powell: Mr. Salmon, I do have a question. Mr. Salmon Sure; go ahead Commissioner Powell: I have a concern about fire equipment on a 20-foot road that has to make a right-angle turn - to get to the lot that is shown on the bottom right of the picture. I do not know that lot number... Mr. Salmon. I believe that that is Lot 13R. Commissioner Powell. My concern is-is that wide enough with a 20-fool gravel road to get a fire engine around that corner over to that property? J am going to have to lake your word at this because you are the engineer here and if it is, it is I am just asking. Mr, Salmon Nell, it is not a simple yes or no, but it is close Twenty feet is the minimum width for a fire lane in the cily of Denton, So. that 20-foal width is not just a coincidence, One of the things-and you may want to make R a condition of the variance in this case-is that in order for the pre department to use a 20-foot road, they do have to have somewhat larger radiuses on the corner. The fire department, In order to use a 20-fool fire lane, has to have a 35-foot radius. Most of our city streets have a 20-foot radius on the irtersecllon, but, of course, they are wider than 20 feet But with a 20-foot road they really ought to have a 35-foot radius in order for a large vehicle like that to make that turn. Commissioner Powell. Thank you. Mr, Salmon. Moving ahead to the sidewalk variance-sidewalks are required under Section 34-114(17) of our Code of Ordinances. It does require that sidewalks be installed along all perimeter streets as well as all interior streets. In the event that the private street easement is approved, then sidewalks ere really a non-issue because we do not require sidewalks on private streets, but we need to go through (his variance in the event that that particular variance would not be approved i nether interesting side note concerning sidewalks in this localion-the subject property Is over 8,000 feet from a City of Denton water fine, which means that It Is exempt from Installing sidewalks along the perimeter, which in this case would be Shepard Road But it does not take away the requirement for sidewalks on the interior or the subdivision At this subdivision, there Is no real physical constraint to building sidewalks, again. It is a cost issue. We have nine 1013 with extremely long frontage. We estimate that It would cost approximately $4,200 per lot to install a standard 44not-wide sidewalk in this subdivision. This Is compared to about $1,000 per lot thol it costs in a normal single-family 10 subdivision in town. So, we feel that that is obviously over four limes as much, so we feel that that cost would be excessive, Vie also feel that, for 1,000 per lot considering the length of the fontage that we have here, the developer probably could not build anything that wouldeven resemble a sidewalk for $1.000 per lot So in this case, we are not even going to recommend that they do some other type of alternative. I wir be glad to answer any questions that you might have I do have recommended motions for each of the variances Again, on second variance concerning the street paving-N you are Interested, R would be possible to t add a condition concerning radiuses b Commissioner Powell Any further questions of Mr. Salmon at this lime? I would like to give the petitioner a chance at this stage of the game to talk about theta three d he has anything that he would like to say. 19. 32X Cdr ~7 ! ` x o - Planning and Zoning Commission Minutes April 22, 1998 Page 12 of 20 Mr. Yensam My name is Jerald Yensan, and I reside at 1113 Bishops Park In Denton. I am the owner of Landmark Surveyors that prepared the plat. The only comment that 1 would like to make is eonceming the radius. I think that 1 could speak for the developer In that he would have no problem since we have actually provided a Mfoot-wide easement for this road to get on over there; we can easily sticl' a radius on that. That Is really the only comment that have to add to that; orherwise, t think that I concur fully with David. Thank you. Commissioner Powell: Thank you; are there any questions of the petitioner? Apparently none, sir. Thank you. David, would 4 be appropriate then for us to move on these one, two, and three separale'y--correct? Mr. Salmon: I would think that that would be the best thing to do for clarity. Commissioner Powell, Okay, then; up for a possible motion Is Item 8.e. Ms. Gourdie: Can I rsk a question, please? , Commissioner Powell Surely Ms. Gourdie: I was just wondering-in that radius, would they also be able to get through the cul-de-sac at the bottom? A fire truck will be able to take that turn in there? Mr. Salmon: Well, the cul-de-sac will be as large as a standard city cul-de-sac, the actual bulb. Ms. Gourdie: I was just Llarifying. Mr, Salmon. The actual bulb down here will be the size of an actual city cul-de-sac bulb so that should be fine Ms Gourdie. Thank you. . Commissioner Powell, Chair would entertain a motion on 0 0 Nils. Glanzer. Nr Chair? Commissioner Powell Ma'3m, Ms. Ganzer I move Thal we recommend to Ciy Council that a variance of Section 34-125(b) of the Code of Ordinances be granted to allow a private street in the ETJ, as the cost of constructing a public street would far outweigh a,y benefit to the property owners In the subdivision. Commissioner Powell: We have a motion. Is there a second?' Mr. Moreno: I will second. Commissioner Powell A second by Mr. Moreno: any fuller discussion on 0 a.? Seeing none, we win vote. Voting is displayed on 8,e. and n Is 4.0, with now 3 absent. 14 - 0) Commissioner Powell: Move forward new ro 8 b, Any questions of either Mr. Salmon of the petitioner on Item 11.b.? . Seeing none, the chalr would enlerlsin a melon on 8 b. Ms. Ganzer. I move that we recommend to the City Council Nat a variance of Section 34.114(3) of the Code of ' Ordinances as requested by the applicant be granted as the cost of the standard road Improvements far outweigh the benefit of the property owners in this subdivision. Mr. Moreno, Second, Ms Gourdie. Do we need to include the,,.. • Commissioner Powell: I was going to amend the motion If nothing else to get that In there. But you may emend the Q motion and I would be proud to hear shat. There is a motion and a second; and In discussion, Ms. Gourdie, would you like to amend the motion? Ms Gourdie: I r: ally do not know how to word n. 20. rs. ~ • y ; ~11 M,ir c , f Planning and Zoning Commission Minutes April 22. 1998 Page 13 of 20 Commissioner Powell. I will give It a shot. I Mc Martin: Let me just make a suggestion-that maybe just to clarify that Commissioner Ganzer can just withdraw her original motion and rephrase the motion to Si the condition that should be suitable ' Commissioner Powell That would be suitable to me, r (body have a problem with that? Ms. Ganzer: That was to add,..? Commissioner Powell. A 35-1 radius at the right angle comer-4 Is the right angle comer there Nis Ganzer: I am trying to figure Out where to ft it in, though, dusl add it at the end? Mr. Marlin. Yes, just say 'with the condition of at the end of that, Ms. Ganzer. Of a 35-foot radius at the Intersection? Okay, I will withdraw my motion. Commissioner Powell Would you like to reword your motion? Ms. Ganzer. I will reword my motion. Commissioner Powell, Thank you. Ms. Ganzer: I move that we recommend to the City Council that a variance of Section 34-114(3) of the Code of Ordinance as requested by the applicant be granted as the cost of the standard road Improvements far outweigh the benefit of the property owners In this subdivision-with a condition of a 35-foot radius at the Intersections. Mr. Moreno. Second Commissioner Powell. Motion is made and seconded, thank you very much. Any discussion on 8.b9 Seeing none, I will call for a vote, Vote is displayed, and the vote 44 with 3 absent. (4 -0) Commissioner Powell. We go to 8 c Mr, Moreno: Mr Chairman? Commissioner Powell. Yes, sir; go ahead. Mr. Moreno. I sm prepared to make a motion Commissioner Powell: Yes, tit i Mr. Moreno I move that we recommend to the City Counul that a variance of 34.114(17) of the Code of Ordinances be granted as requested by the applicant as the cost of sidewalks would for outweigh the benefit of the property owners of this subdivision, f I Commissioner Powell Thank you, Mr. Moreno. Is there a second? i Ms, Ganzer, Second Commissioner Powell, There Is a second, We have a motion and a Second; is there any further discussion on item 8 c? Seeing none, t will call for a vote, Voting Is displayed end It is 4.0, with 3 absent. (4 - 0) d, Consider making a recommendation to City Council for an erection variance from Section 34.124(s) concerning drainage design standards. (V•9"09, Rolling Meadows, David Salmon) e. Consider ma'.ing a recommendation, ;n City Council for an exaction variance from Section 34.124(g) conceming easement requiremenh. Cwl-l 006, Rolling Meadows, David Salmon) Commissioner Powell We go on to Items B.d. and is ; Mr. Salmon. 'i f 21. 10 32XIO ~ f aeas►rar , r 1D r a7saVaa , Planning and Zoning Commission Minutes Ap,il 22, 1998 Page 14 of 20 Mr. Salmon: Thank you, Chair and Commission. The Iasi variances are Loth related to drainage. The first variance is of Section 34.124(e), which is concerning drainage design standards. The second variance is 34-124(g), which Is in relation to drainage easements 124(e) dralnage design standards would require the developer install an underground drainage system through this are,,, that I have highlighted with :ad arrows. If you lack at the topography, there is sod of a ridge at this location and then a valley that runs through that location, and then it goes back uphill towards Shepard Rcad. I do not know how well this will show up on the screen because it is rather small, this is a copy of USGS contour map This is the entire subdivision that was originally platted, and we are only looking at the very western edge of this subdivision. So, we are only dealing with this drainage course that I am showing you on the overhead. That particular drainage swall drains an area of approximately 8 acres with a 10-year flow of about 13 cui feet of water per second and 100 year pow of approximately 24 cubic feet per second, Those are relatively small amounts of water, sn our ordinances would require an underground drainage system through this low area tc carry that water. The owner and the subdivider of the property wish to leave the drainage swans In their nalmal condition The other variance concerning We easements-14 particular section that we are looking requires that all public drainage facilities be In a drainage essemenl. In this case, the developer Is proposing an access and drainage easement where the roads are going to be, which basically will catch drainage coming off [he indwidual lots and funnel it down to probably a culvert, which will be loea!ed 0 this low point, Thal drainage system would be private because it only drains water that will be coming off the indiv'dual lots h:m this subdivision. And then because the street will most likely be private, this other drainage trough that I lava highlighted drains appruxlmatety 8 acres of the adjoining property, which means that this property to the west Is dependent on this drainage course remaining clear in order for the drainage to function properly Or if so,neone comes In and wants [o develop the adjoining 8 acres, they are going to want to make sure that they have got somewhere that they are able to discharge their dralnage. So, what we are trying to do here Is provide for orderly development. The applicant wishes to not grant a drainage easement in this location. As you can see il. does bisect the two lots and cuts across lire corner of the large lot 13R, Again, these are exaction variances. The applicant's reasoning is based more on the rel+rionship between the requirement and the type of subdivision if is more so than unusual physical topography. Generalky, the topography at this local on is relativii gradual and it is pretty commo Upogfophy for areas north and east of the city of Denton. There is nothing here to preclude the construction of a normal drainagr, system. The applicant just reels the: because of the large size of the lots, the expense and the space It would lake just simply is not warranted You will be making a re 'commendation to City Council on both of these variances. Stan is going to recommend that the first variance concerning installing a pipe system hi granted The subject drainage $wall Is approximately 1,300 feet long and installog a pipe system at that location would cost in excess of $53,000, which Is a pretty large dollar item for nine large acne lots in the M Also, the construction of nine homes un this many ocres will have very little impact on the amount of drainage runoff in the area. t did want to note that the culvert sited to carry a 100 year storm would need to be sized for under the road. Stan does not recommend the exaction rreriance of the drainage easement requirement There are two concerns The first Is the one that ! already addresses; and that is4 you have 8 acres of properly directly to the west of here that will depend on this drainage swell, ill-definu i as 'd is, to carry drainage. The other concern that we have is people buying these particular lots-15R and 16R aid possiVy 13R-without having a drainage easement in place will not be restricted from building anywhere on the lot. So our intention, or course, Is to define a drainage easement to that the people that buy these lots to build homes do not inadvertentiy Install Darns, houses-whatever [hey are thinking about building-In an area that really ought 10 rema'.n clear for drainage, One of the poinis that the applicant makes Is that overall slope of this property is tats w lhcn 2%, which is true, and than Is a relatively gradual slope. I guess from staffs perspective that makes It even mor, 6-oporlanl that we do indicate by placing an eacemenl where drainage runs on this property so that a builder or • some,ne-a homeowner or a lot owner-doesn't Inadvertently place a structure in a location that Is going to flood One of the things that Is a benefit and, of course, part of my thing here Is to show limit there Is • benefit to the lot owners As is common with a lot of the drainage complaints that we get here In the City of Denton, a lot of the drainage complaints that we receive are Issues that are related with drainage that Is rum N between lots. It does not pertain to issues around drainage easements and drainage channels and streets. In instances like that where you have drainage running from one private property to another and there Is no City system Involved, the only way that those rainage issues can be resolved IS through our civil pr0oess, Ti is no cos;, for a property owner to . appnach the City or [he County or whatever government has the suthofity to help resolve a drainage Issue unless • there is a public drainage system that Is at Issue, I will be glad to answer any questions you have concerning this. Q Ap in, the applicant's repfeser,tative is here. Again. they wish to not grant an easement, so I am sure that he has a little bit different perspective that he would like [o offer 22. pr ~;J 32X10 Planning and Zoning Commission Minutes April 22, 1998 Page 15 of 20 I Cammir sioner Powell: I would ask the applicant's representatrve if you ere In agreement with staff on 6.d.-4 that is true end you de not have any reason for us not to vote on that, I am going to call for a vote an that. We cen get into whore there might be some opposition later. Is that okay with the Commission? Ms. Gourdle: Actually, l would !ike to ask a question if I might? Commissioner Powell. Oh, absolutely. I didn't mean to ovoid questions. 4 Ms. Gourdle. No problem, What I would like to know is later on In the future, can this property be subdivided down Into smaller lots? Mr. Salmon. It could; they could've divided Into as small as One-acre lots, I believe. But they would have to coma back for the platting process. Ms, Gourdle Right, but as the city grows, chances are someone might see this as an opportunity to expand the , housing market and subdivide the lots up, Is that a possibility? Ms, Salmon, Well, that is a possibility. Right now we are taking five Icts that were previously platted and m.-king nine. So, they are somewhat smaller than the previous lots. Of course, the smalicst lot here Is 6-sues, so It In conceivable that [hey could be subdivided Into lots as small as one-acre, I am not sure that that is physicalft poss~ble In this configuration, but it is conceivably possible. Ms. Gourdle: Okay; thank you Mr, Salmon One thing that I did forget to mention-one of the concrrns that the applicant has Is if they have to dedicate a drainage easement, we need to ensure Ihat the drainage easement will be wide enough to contain a 100- year storm, which means the applicant would have to provide a drainage study to the City showing how wide the water would spread out during e 100-year storm. So, there is some expense associated with that that the applicant is hoping to avoid ss well. A drainage study can cast several hundred dollars minimum for something such as this, I d+d want to make sure end bring thsl up Commissioner Powell: I think that the applicant would likt to speak to Ms. Gourdie's question about 6.d. Mr. Yenson Thank you, dust briefly in answer to your question-obvioui y, It can be subdivided, but the fad that we ere building a road down here-even 0 it Is a private road-sort of shoots ourselves in the foot If It were to be cut into one-acre lots, then we would definitely be required to build Inlerio: roads to public standards end underground storm drainage and all of that sort of Issue would coma up. Drainage would be a given; there would be noway on this site that we could do one-acre rots without considerable improvements, Ms Gourdle, Thank you Commissioner Powr'I: Does that sound to yo., to be the right thing to soy, Mr. Salmon? Do you have any arguments with that? Is that a reasonable approach, I guess? Mr. Salmon. Righl; what would happen if someone came In with another replat and wanted to divide the lots up even smaller. I would not be standing here recommending a variance to allow for a gravel road; we would be paving it. r Commissioner Powell Thank you Ms. Gourdle: Okay; so wail let's just pretend that we are five years in the future. This happens and someone comes along with the money and says,'rine; we will put a paved road in.' Does the City still W A to pay for It 0It Is still In the FTJ or Is the developer going to have to do 0 S Mr. Salmon No -the developer. If someone came In and decided that they were going to divide this Into smaller p lots, and our ordinance, even if was a privets roads that case H would be required to be paved; and h would actually be required maybe even fo be widened somewMt. They could do that; they could agree to come In and agree to pave the road and widen the rood and put in other drainage features.., Ms Gourdle But they would be required to do that? 23. .I 2xIQ f t ~K10 s e rearaa • o maestao , Planning and Zoning Commission Minutes April 22, 1998 Page 18 of 20 I Mr, Salmon:... but they would be required to do that nl that time. Ms, Gourdie: I am just thinking of-I am thinking about those people that were here the other night complaining .I about drainage and that they are In the ETJ and they are having ail of these horrible problems-and to me [ht; just looks like this Is going to be a repeat of the situation. Where people are complaining that there Is a gravel road, It runs into [hair yards; everything is getting messed up; end they are not very pleased with the way the drainage ~ sioaalion Is working. So in my mind, V em thinking-do we alleviate the situation that might happen for these people here or do we wail until the next group of people come by and subdivide 4 down further. 1 am torn here; so t am just trying to rind an answer to where this might go. N we stop 4 right now and then just expand on II-or do we let ll go as k Is now and let It be expanded later? Mr. Satmom Well, I think that our recommendation is fairly clear. We think that the lots are large enough that installing an underground drainage system, in this Instance, would be excessively expensive, I think that R can be approp•iotely handled hove ground with the condition that we have an easement that tells people where the drainage is going to be. Ms. Gourdie, Okay; thank you. Commissioner Powell, Any olherquestions on 8 d.? Mr. Moreno, Mr. Moreno: I guess this is question for Mr. Salmon, but, if this Commission end the City Council granted the variance to not establish a public drainage easement, wou61 that be forevermore? Would that-In the event that k wa< IuAhcr subdivided into one-acre tots, could that be taken away at that time or what would happen? Mr, Salmon Anytime someone submits a new plat, we treat as a brand new pat. They are subject to all of the same ordinances that they were before or anything that might be new. So, if someone comes In with another plat of this with smaller lots, we will be looking at all the same Issues all over again. The Commission or Council at that Ili^s will be able to make those decisions then. But it this Is platted as is proposed with no drainage easement, chances are there would never be a drainage easement in that location-unless l1was annexed Into the city at aeme point, and there was some problem that the City needed to resolve, end we had to go in and obtain en easement to intiall crainage , ktr, Moreno All right, sir. Thank you Commissioner Powell. Any other questions or comments at 'his time? Chair would entertain a nrotion for Item 8.J , which Is shown on page 2 of this section as Item A recommended motions, Mr, Moreno. Mr. Chairman. I move that we recommend to the City Council that a variance of Section 34-124(e) of the Code of Ordinances be granted slowing for natural drainage channels as a cost of a pipe system or channel lining would lar outweigh any benefit to the property owners of the subdivision. Commissioner Powell. We have a motion. Is there @ second? Ms Gazer. Second Commissioner Powell, We have a second. Is there any discussion on the motion? No discussion; I will can for @ vote Votes have been cast and displayed, and It Is 4-0, rich 3 absent (4-0) Commissioner Powell: Chairman wilt call fore break litl g,08 p.m. If we get Lock sooner; we can start sooner, i f Mr. Moreno: Why don 'I we go ahead and do the vote on the next Issue? Commissioner f .:vel I thought about that; but [his could get Into some dseusslon because the applicant Is against what iii Is r :,nmend'rngl so I thought that this might be the better time to take Ile break. If anyone debates. I mean, (haler pen here Then I will say we will be back sl g 00 p.m. 0 t1 The Planning end Zoning Commlsolon dismisted fora break. TM Planning and Zonlnq Commiaafon reconvened after the break. + 24. r 25A ~ 32XIG' 1 *"WIN { Planning and Zoning Commission Minutes April 22, .999 Page 17 0 20 Commissioner Powell. (inaudible) ask him if he would like to speak to that and then we w 1l hear from our staff after the applicant. Mr. Yensan. Okay; In regards to this final variance, I am wilting to make a compromise and you can all gel to bed. I hear you have a lest You can go study for your test. I have a list of arguments that I could spend on hour on, but I am going to make a compromise--an offer. t am going to speak on behalf of my client, and I can sell him on the Idea, We are willing to grant up to a 75-foot easement down through this area that has been marked up with an arrow in the interest of getting an approval on the variance and save everybody some discussion. Any questions? Commissioner Powell: Mr. Salmon. Mr. Salmon. My guess would be-considering the amount of water at this location-again, that Is 13 cubit feet per second on a 10-year and 24 cubit feel per second on a 100-year storm-my guess would be that a 75-foot-wide easement would encompass that. Commissioner Powell. Thank you, Ms Gourdie May I ask you a qu estion before you walk back? So, H this were a compromise, what would It have been if we did not comp -omise? Mr. Salmon. Well, I think what the applicant Is offering to do Is dedicate a wide drainage easement. I think the main objection is spending hundreds or maybe even a couple thousand dollars on a drainage study to come up with exact easement size. I Ihink what the applicant Is willing to do is go ahead end dedicate a wide easement-up to a 75- foot-wide easement-so that, I guess, the easement is going to be wide enough-obvlously wide enough so that we do not have to spend a whole lot of time calculating drainage, because 75 feel wide is ob,,iously going to be wide enough to carry 13 and 24 Cfe. Ms. Gourdie, I was lust wondering what the upper level of the compromise.,.. Mr Salmon, So, I guess the compromise Is-rather then come up with on exact size for a 100-year storm, they are just granting an casement, which Is obviously large enough to do that without having to go through all of the dralnage study and calculalions Ms Gourdie Okay. Thank you very much. Commissioner Powell. Any other questions of Mr. Salmon or the applicant here? Okay, the Chairman is open for a molron on item B.e. as in*Edward Mr. Moreno. I am going to try it, Mr. Powell. Mr. Mania Since he is agreeing to the easemenl, there Is no need for this variance at this point, is there? , Mr Salmon. Well. 1 guess the only thing that we might want to comment on-I am reasonably certain that 75 feet 1 wide is going be w4 i enough for the amount of water cos are talking about, akhough I cannot say that definitively, Mr. Main. I guess to staff position would be that you all would be In favor of granting this easement on the condition that you all de. rmine that 75 feet wide Is going to be sufficient. Mr. Salmon, If they ore willing to grant up to a 75 fool easement, then I think that we are reasonably safe In doing to I think that that will serve the purpose of what we ore trying to do here In a reasonable manner and save them a considerable amount of money on determining exactly the width that k would ti There Is an outside chence that It could be more than 75 feet, but I think that that would be relatively remote. I Mr. Martin So, l guess the question that I am yetring to- Mr . Salmon So, [here would st ll be a variance in that we do not know-they ready do not want to do the drainage 1111 study, there is a remote possibility that 75 feel might not be wide enough, and so I think that the vailance would be 11hal maybe the easement }usl be sized at 75 feet maximum and,... Commissioner Powell. Wthout the requirement of the drainage study? 25. ~h~10 32XIO , % s o Planning and Zoning Commission Minutes April 22, 1998 Page 18 of 20 Mr. Salmon: I.Ydhout the requirement of giving us calculations for a 100-year storm or something like that. Mr. Martin: Just to be clear-so, the variance is just gong to be that the maximum width of the easement be 75 feet ' and that the condition of the drainage ii not be necessary Mr Salmon: And that we would agree to that width without having the backup numbers that we would normally want to see. Ms. Gourdie, Oh, wait, I'm kind of confused. I thought it was going to be a 75 fool drainage easement versus an up Ic-so, I guess what I do not understand is if we say 'up to; do they not have to go do figuring and stuff again? Mr. Yensan. I'm giving 75 feet of easement Ms. Gourdie: I guess I-because I am under the Impression that Is exactly what the gentleman said-1 am giving you a 75-toot easement'; and I think that if we do the motion saying we grant this variance from a drainage study for a 75-foot easement on the property located where It is-I guess that is what I was understanding, I just wanted to make sure that l did not misunderstand Mr. Martin. That sounds clear, Commissioner Powell, That sounds f ne to the applicant, and it also sounds fire with Mr. Salmon. I am not trying to cut a ybody short here, but Is there any more discussion or questions? Then, again, the Chair is open for a motion. , Mr, Moreno, Let me try Commissioner Powell: Good enough, Mr. Moreno. Help me if I need some help, please. I move That we recommend to the City Council that a variance of Section 34.124(8) be granted with the condition that the easement be established as 75 feel wide and with a second condition that this establishment or a 75-foot-wide easement not require a drainage study, as an establishment of ,nrr d,ainage easements will provide a reasonable benefit to property owrwrs of thin subdivision. Counsel, Is [hat what we are trying to do? Commissioner Powell Is there a second? Ms Garter. Second Commissioner Powell: There is a motion anr' a second, any other discussion? Chairman will call for a vote. The ' vote is displayed It Is 4.0, with 3 absent. (4 - G) f. Consider approval of the preliminary plat of Lots 13R, till 14R-2,14R-3, 1414, 188.1, 151 16R- 1, and 16R•2 of the Rolling Meadows Addition, being a replat of Lots13.16 of the Rolling Meadows Addition, being 61.018 acres. (PR-98.028, Robing Meadows Addition, Wsynt Read) w Commissioner Powell, hem 8 f Mr. Reed . Mr. Wayne Reed presented the staff repot Mr. Reed. Thank you, Commissioner Powell, We are here to approve the preliminary plot for which you have just voted on the conditions. So in short, public Improvements that are related to this subdivision are now the dedication of drainage easement and that Is essentially It. Are there any quostions concerning the preliminary plot because I think that you have been well versed on what this Is all about? i i Commissioner Powell: There being no que%llons,l will ask the applicant d he his anything fuller to say? Mr Yensan Other than thank you-I would like to just say that N 1 understand this correctly, you ail will be making a g mulion to the eff eel that 8 can be apprw,ed with the condition that we just added a 75 foot easement? Yes. I have nothing also to add. 26. .a ~ ~f , n 32X C 4ad11 twAa , Planning and Zoning Commission. Minutes April 22 1998 Page 19 of 20 Commissioner Powell: That is our understanding. Does Mr. Salmon have anything else to ado here? I know this Is kind or an engineering thing to that is why I asked-mostly engineering. Are [here any questions of either Mr. Reed or Mc Salmon at this time from Commission? Seeing none, Mr. Reed, Mr. Reed. I'd Just like to make note that the suggested motion by staff here should be slightly reworded to Include the conditions with the general statement that you are going to move to approve the preliminary plat of [ha Rolling Meadows Estates so forth and so on and state all of the sections or the ordinance; and at the end, where It says Section 34-124(g), with the conditions that were approved. Commissioner Powell. Thank you. Mr. Reed; any other questions or discussions here? We Iltve a motion coming up? i Ms Gourdie I Just have a question of the mofron II Is a recommendation so I move to approve a recommendation to the-so is it on approval of a plat this time? Mr, Reed. Correct. Ms Gourdie Thank you. Commissioner Powell, Do we have a motion? Ms. Ganzer. Mr, Chair? Commissioner Powell. Ma'am. Ms Ganzer I move to approve the preliminary plat of the Rclling Meadows Estates conditional upon approval by City Council on variances from Section 34-125(b), Section 34.114(3) Section 34114(11), Section 34-124(e) and Section 34-124(g) with the conditions approved of the Code of Ordinances. Commissioner Powell We have a motion, is there a second? 19r. Moreno. Second Ccmm',ssioner Powell. Counsel, does that motion sound adequate? It does, and we have a second, Any further discussion? I will call for a vote. Voting Is complete and voting Is displayed We have somehow a problem. We are showing Ms Gourdie to by absent and she Is not, Ms Gourdie. Mentally, yes. Commissioner Powell We are going to try it again. Voting is Complete again and voting is displayed. Voting is 4.0 in favor with 3 absent (4 - 0) i DIRECTOR'S REPORT 9. Council Action. n ~ Commissioner Powell Is there an Item 0 tonight? Mr. Donaldson'. There is a Director's Report on Council Action. AI April 21 meebnq, City Counul conducted a first Public hearing on annexation of a property that we ii calling Rancho Vista In northwest Denton. Second public hearing will be held early in May, and Planning and Zoning Commission will see the request for recommendation from P 6 Z at [he May 27 P & 2 meeting. At that time, a zoning request will accompany I In your packets, we included a preliminary Agenda fo a May 18 retreat. You will note that R Includes many of the topics that were c,,scussed at your last meeting We did the canvas of the Commission and found six of seven have no problem with meeting the Saturday morning 9 00 a.m. to 1,00 p.m. time and we will work on the seventh one. If there ere any other items that you would like to see added h ft agenda, let us know. Brunch will be provided. We are also O holding firm on our commitment to not meet June I% which corresponds with the city courxws not meeting their first July meeting so we maintain a kind of normal flow of P b Z Items to Council. So, you can start to schedule that as a free night, i 27. 4 e v pf i i I Ii 0 00 'Ann. Apend4 NO,~_4!~ Agenda Ile Date: Z r< AGENDA INFORMATION SHEET AGENDA DATE: June 2, 1998 Questions concerning this franchise may be directed to Mike Bucek, DEPARTMENT: City Manager City Attorney's Office-349-8333 Cst Ted Benavides SUBJECT Consider adoption of an Ordinance on Second Reading whereby the City of Denton, Texas, and Norlex 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 telecommun;~ations 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, fording 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 core icting ordinances; providing for release of all claims under prior ordinances; providing for alternate dispulc resolution; and providing for method of acceptance !IACKQKQUND On September 19, 1997 Nonex 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 rf Denton In January the City Attorney's Office provided Nonex a copy oCOrdinance N,) 96-253 which was approved on Second Reading on November 19, 1996 (the existing franchise the City has with GTE) and advised Nonex that pursuant to the Public Utility Regulatory Act (PURA) Iha; '.a order for the City to grant a franchise to Nonex it would be required to execute a franchise substantially the came as such Ordinance. This is based on the amendments to PURA effective September 1, 1995 which provide that cities may not discriminate against e telecommunications providers. On March 31, 1998, the President of Nonex, Alvin M. Fuhrman, advised the City that Nonex desired to execute a franchise with the City substantially the same as the City's franchise with GTE On April 22, 1998 the appropriate franchise was forwarded to Nonex 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 Second Reading until the City received a letter from Nonex agreeing to pay the fees required for publishing the approximate 29-page t • 32x10 v Y. e - o t I Agenda Information Sheet Page 2 document (estimated at $1,000) in the Denton Record Chronicle (DRC) as required by the City Charter. By letter dated May 1, 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 Sundown Ranch subdivision. Nortex will not be able to provide service to prospective customers until after the franchis is effective. Before such ordinance can become effective it must be passed by a majority vote of the entire city council at two (2) regular meetings of the council and the ordinance shall not take effect until twenty-one days after its final passage. This ordinance was approved on first reading on May 19 and the second seeding is scheduled for June 2 so Nortex should be able to begin providing services in Denton around June 23. PRIOR ACTION/REVIE 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 filed by GTE on April 25, 1995, styled g)F.. Soutbwest IncorWrated vs Cily of Denton- Cause No. 95-50259.367. The settlement entered into between GTE and Denton on October 22, ` 1996 provided Denton 51,255,649.76 in delinquent fees and increased the franchise fee of approximately S125,000 for 1996 to approximately $1,000,000 for 1997. FECAL 1NFORMA71ON GIE's 1997 franchise (and the same terms are in Nortex'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 j 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 f 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 customer being compensation neutral to the City's general fund I • itE_MS14EN1AT191v t Staff recommends adoption of the ordinance Respectfully submitted ` v 0 aqt" Ted Benavides IE ak City Manager ! i 2 r °ta' 2~i K IQ 32X w.w.-. I i ! rl! 5 e ! F Fit i •Y , • 1` 1 1 1l - -....r-LaM"wR~.aM «MUA:ww n..w'Y/•lwliwu~aa.av. ~ ♦ Y i Agenda Information Sheet Page3 L 71 t , Attachment 01: Nortex letter of September 19, 1997 Attachment 62: Nortex letter of March 31, 1998 Attachment #3 Bueek letter of April 22, 1998 Attachment #4 Nortex letter of May 1, 1998 ` s Attachment #5 Proposed FranchiseOrdinanee 1 l J elf n 1 Y I pit 'F 1 'f+l 1 'a e y.. If • 1 ~ I J n 1 ' 1 ~ i. 3 V z5 I d I , nll~KY r+ i 01/28/98 W13 PU.493 pm/W2 11 y , i Nortea Telcom, L.L.C. 20M. walnut street P.O. Drawer 589 Muenster, Tex" 16251 Phone- (940) 759.2251 FAX: (940) 959-5557 , Sent via Courier t ! September 19, 1497 W. Ted Bensvides City Manager City of Denton y 215 East McKinney Denton, TX 76201 + f n-r,r.Vle l3etu~des: to obtain City Council with this letter, Norux Telcom, L.L.C. would like to iaitiste Rya cable ulevruoa approval for a fraww" Weeamt that would allow it to provide ulepho service within the City of Denton. Taco. r Please advise if you require any preUmirsary:oautW or additional;oformadon by eontret t1nB Ray Stroup at (972) 484-2323 a MYself. Sincerely, Nottex Telcom L.L.C. eli& Alvin M. Fuhmm ^ ` Prealdmt ~ ~ ' a: ftay Stroup ` r, • ~ N. sll/ ` t 13, • • r Nortex Telcom, L.L.C. 205 N. Walnut Street , P.O. Drawer 587 Mucaater, Texas 76252 Phone: (940) 759-2251 FAX: (940)759.5557 March 31, 1998 Mr. Mike Bueek First Assistant City Attorney City of Denton, Texas 215 East McKinney Denton. Texas 76201 ' I Re: Nortex Telcom, L.L.C. Franchised fo. Telecommunications and Cable TV Dear Mr. 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 yca shortly. Our initial review suggest a need to define the Authotized Service Area (Section 4.6) to conform with our constn!~-tion and build-out plan. To require immediate service throughout the Denton Municipality would create a financial burden too great for Nortex to undertake at this time, If agreeable, it may be beneficial to meet with you, or your representative, and discuss the options available to Nortex, and address those areas that the City considers non-negotiable. 4 For your information attached is a copy of the Public Utility Corrunission of Texas order granting Nortex a Certificate of Operating Authority (COA). i Please advise if additional inforration is needed by your office to initiate the process to obtain a telephone franchise. ' Sincerely. r• /JJ. Wr K J ,s TISr'!/ t 't -1 Z:1 Alvin M, Fuhrman l+` President ki+; Enclosure AQR4 i 5ii - 1~~V~44 ti, f i, 25 x a 3 2 x A City of Denton City Attorney's ice 215 E McKinney Street Denton, Terri 76201 (940) 349-8333 F M f9lO) 381-7913 crrroFaFNroN, rexas April 22, 1998 i VIA PRIORITY MAIL Mr. Ray Stroup Cathy Hutton dt Associates 2711 LBJ Freeway Dallas, Texas 75234 Re: Nortex Telcom, G L.C. Franchises for Telecommunications and Cable TV { Dear Mr, Stroup: Per our conversation earlier today, enclosed is the proposed franchise between Nortex and Denton to use city rights-0f--way for telecommunications purposes as defined in such franchise. Pursuant to our earlier conversations and correspondence in January and the recent correspondence of Mr. Fuhrman to my attention dated March 31, 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. Fuhrrnan that the enclosed franchise is agreeable to Nortea and that Nortex 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. Y.w may want to call the Denton Record-Chronicle to get a price quota on the publication My recOlection is that the cost of publication to GTE was around 51,000. Regarding, Nortex's possible Cable TV franchise, the City Attorney has sehewed Mr. Fuhrman's letter and is agreeable to meeting with Nortex's staff to consider possible amendments to the Model Cable Television Franchise we forwarded to you in Jtnuary. Mr. { Prouty request, that Nortex provide the changes to the Model Franchise it proposes at least 10 days before th. meeting scheduled with Nortex to discuss the substance of Nortex's j dissatisfaction with the Model Franchise Please call me at 940.349.8333 to arrange a time for . Mr. Prouty and applicable City Staff to meet with Nortex re;a ding the Cable Tyr franchise, Sit cutely your, > * ' /.tlK t. Mike Bucek First Assistant City Attorney 6 ■-~ryr~~ or r 10 32xL V 44, 1 ~ 1 i . emnwo , r r , , f t atirsa ~ _ r I Mr. Ray Stroup Apri122, 1998 Page 2 I MAB it cc: Alvin M. Fuhrman, President, Nortex Telcom, P.O. Drawer 5117, Muenster, Texas 76252 Ted Benavides, City Manager Herb Prouty, City Attorney Kathy D Rose, Assistant City Manager-Finance Sharon Mays, Director Electric Utility 10 • f r f { , I ? 2540 ♦ 32 x LJ 1 t~ i I r1 y i v Nortex Telcom, L.L.C. 205 N. Walnut Street P.O. Drawer 587 Muenster, Texas 76252 Phone: (940)759.2251 FAX-. (940) 759-5557 May 1, 1998 Mr. Mike Bucek First Assistant City Attorney City of Denton 215 E, McKinney Street Denton. Texas 76201 Dear Mr. Bucck: We have reviewed and find acceptable the telephone franchise agreement provided with your letter dated April 22, 1998. Nortex agrees it will pay the fees charged by the Denton- Record Chronicle to publish the approximate 29 page fight-of-use agreement as inquired 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. Si~:'jceerely, Alvin M.Fuhrman Presides c 0 cc: Ray Stroup • Cathey, Hutton Rc Associates r • ~ O ' it MAY 0 5 1995 i 8 ~ 1 Ijr ~r< i v 32X , 0 "Nampa I. 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 i NECESSARY OR CONVENIENT FOR RENDITION OF TELECOMMUNICATIONS SERVICES IN SAID CITY AND FOR CONDUCTING A GENERAL LOCAL AND LONG- DISTANCE TELEPHONE BUSINESS, PRESCRIBING THE CONDITION'S GOVERNING i THE USE OF PUBLIC RIGHTS-OF-WAY FOR THE TELEPHONE COMPANY'S TELECOMMUNICATIONS BUSINESS, PRESCRIBING THE QUARTERLY COMPENSATION DUE THE CITY UNDER TI [IS ORDINANCE, PROVIDING THE RIGHT OF THE CITY TO USE CERTAIN FACILITIES OF THE TELEPHONE COMPANY; ~i • 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 i LAW; PROVIDING FOR FUTURE CONTINGENCIES; PROVIDING FOR REPEAL OF r CONFLICTING ORDINANCES; PROVIDING FOR RELEASE OF ALL CLAIMS UNDER O PRIOR ORDINANCES; PROVIDING FOR ALTERNATE DISPUTE RESOLUTION; AND PROVIDING FOR METHOD OF ACCEPTANCE 25 K101 32X I❑ MINALMRLML , 1 WHEREAS, it is to the mutual advantage of both the City of Denton ("City") and Nonex Telcom, L L.C. ("Telephone 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's corporate limits in the future: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: SECTION 1. DEFINITIONS Whenever used in this Ordinance, the following words and terms shall have the de9nitions 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 i . ; inside the corporate limits of the City, (b) CM: The City of Denton, Texas • (c) FACILITIES: All Telephone Company duct spaces, manholes, poles, conduits, O • underground and overhead passageways, and other equipment, structures and appurtenances and r all associated Transmission Media, which are located in the City Rights-of-Way. PAGE 2 1r, of titk"Y`SP`~A~{i'1 4 6. G x10 ~ 2 x I rausrw~r , e l II (d) RIG TS•OF•WAY: All present and future public streets, avenues, highways, alleys, i 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 i of the City. As used herein, the term "nights-of•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) TELECOMMUNICATIONS OR TELECOMMUNICATIONS SERVICES: All services of any nature, offered for sale by the Telephone Company to subscribers in the City, I ' which ser ices are delivered to such subscribers by transmission, betwi!en 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 infdrrnstion as sent and received, which transmission is offered for sale by the Telephone Company in the City, which services are provided in whole or pan in the City to any customers of any type whatsoever. "Telecommunications" and "Telecommunications Services" do not include such services as cable services, as defined in the Cable Communications t Policy Act or 1984 (47 U S C.A § 521, 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. E I ~ ' (f) TELEPHONE COMPANY: Nortex Telcom, L L.C. (g) TRANSMISSION MEDIA: All Telephone Company cables, fibers, wires or other I 'ate K physical devices used to transmit and/or receive communication signals, whether analog, digital i I I PAGE 3 ` I 25 v, 32 x 0 i or of other characteristics, and whether for voice, v7deo, or data or other purposes, which are physically located in the City Rights-of-Way. SECTION 2: CONSTRUCTION AND MAINTENANCE OF TELEPHONE PLANT J 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'a Charter and Ordinances to the extent such Ordinances are not in conflict herewith. The Telephone Company is not authorized to provide cable television schice as a cable operator, as that term is defined in the Cable Communicaticns , Policy Act of 1984, in the City without obtaining a separate franchise from the City The j Telephone Companyrs 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 under the conditions prescribed in this Ordinance may be considered necessary to the public • health and safety by the City in the exercise of its lawful police powers and such changes and I extensions as may be considered necessary by the Telephone Company in the pursuit of its 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 hereafier by charter, resolution or ordinance ti 1 provide. The terms of this Ordinance shall apply throughout the City and shall apply to all the PAGE4 i 2 5 t 0 32x~❑ 0 Telephone Company's Facilities used, in whole or part, 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 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 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 Telephone Company shall do all thinds reasonably within its Power'to do to restore normal service as soon as practicable. i (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, elephone Company and City will jointly agree to alternative installation of relocation options. i • SECTIONS SUPERVISION BY CITY OF LOCATION OF POLES AND CONDUITS I~ (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 • • Telecommunical ions 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 PAGES i pig, ` 25 I 32x~❑ s n~r~.ma iAMP" , 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 goveming 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 way. 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 i Except as provided in Section 1(b), the City shall also have the tight 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 i the reasonable and proper regulation, control and direction of the City's governing body or of any City, Committee, department or oftlcial to whom such duties have been or may be delegated t r, • (b) The City shall have the right to change the grade, install, relocate, or widen the public 0 streets, sidewalks, bikeways, alleys, public ihoruughfares, highways, landscaping, and public 4 way and places within the present limits of the City and within said limits as same may from PAGE 6 I n. s --a~. 25 I a 32X LML -MM • o :.W.M I i time to time be extended, and in such events the Telephone Company shall relocate, at its own expense, its 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 thoroughfare, highway or public ways, including if necessary relocating such Facilities and Transmission Media a sufficient distance from 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, sidewalk, 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 yin, 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 performance 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 s Telephone Company to relocate, at the sole expense of the Telephone Company, any Facilities r" • erected or maintained in City Righis•of--Way, if said relocation is deemed necessary by the governing body or its designated representative for traffic safety purposes, including traffic I Y l signals. Whenever by reason of changes in the grade of a thoroughfare or in the location or PAGE 7 AH t 1 32' 10 manner of constructing a water pipe, gas 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 shall make the alterations as soon as practicable when ordered in writing by the City without l 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 at 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 v ithin the Rights-of-Way, such alterations or changes shall be made promptly, with 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 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, 1 Telephone Company shall not be required to make any such changes until such other entity or t, person shall reimburse or make arrangements satisfactory to Telephone Company to reimburse O r the Telephone Company for any loss and expense caused by or arising out of such change; provided, however, that in no event shall the City be liable for such reimbursement. i i PAGE B i 25 K Q s. 32 x d • 0 (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 Telephnne Company SECTION 4. ATTACHMENTS TO POLES AND SPACE IN DUCTS (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 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 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 Telepbone 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 s the non-commercial exclusive use by the City, However, this restriction shall not prevent the City Bom using the services of a third party commercial entity to manage or i i 0 operate the City's facilities on behal(of the City so long as no resale or other commercial O 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. i PAGE 9 1 ;,.~f 25 ❑ 32X10 • i , 0 (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 agrrcment(s) with City. (d) The City may, at any time, submit 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 teserve Facilities for the City's use at some indefinite time in the future Arcordingly, the City will request the use of Telephone Company's Facilities only after the City has !n approved and funded construction plan. Project construction by the City must commence within six (6) months of the 111 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 (IS) months from the t date project construction commences If such a delay occurs, City shall take all rea,onable i' measures to crake 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 i caused the delay. (g) With regard io the City's equipment or facilities placed in, or on, Telephone Company's Facilities, the Telephone Company shall be relief^.d of its obligation to reserve space in or on i i PAGE 10 ,S w*tL~ r 25 K I © 32x i❑ Oe~Y 0 I i its Facilities for the specific Facility if construction is not started within six (6) months of the Telephone Company notifying the City that Facilities are available or if such City equipment and facilities are not fully operational within he 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 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 cNpiration of this Ordinance Telephone Company shall be under no obligation to continue to provide, maintain or operate such Facilities rot 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 I Telephone Company. (g) The City shall cleat' , 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 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 { 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 O • Telephone Company immediately. PAGE 1 I y L7 32XIO , o , o - 1 I ~I (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 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 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 . i right to occupy or use the City's Rights-of-way for the conduct of any p}ivate 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 The Telephone Company may be j 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 awned and maintained by the Telephone Company upon reasonable, non-discriminatory terms in a separate, non-contingent agreement which shall include reasonable compensation The Telephone Company may require 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 • permission to any such person or entity to attach transmission media to Telephone Company's O r 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. i PAGE 12 f,t e 5. x 3632 X 0 I I i IIII 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 and/or power companies or with other i 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 Niace its facilities on a utility pole owned by the other. SECTIQN 1, RIGHTS-OF•WAV 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 satisfdction of the City's governing body, or of any City official to whom such y (1) year following completion of the duties have been or may be delegated, fora period of one 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 I ! j i caused by the construction, maintenance or restoration work of the Telephone Company, The 1 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 0 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. 1 PAGE 13 rr . 295 K 10 32XI❑ (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, tyl , 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 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. 1 I I 510 [ON ti. 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 structures. The n 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 thar: forty-eight (48) hours' advance notice to } arrange for such temporary wire changes. The clearance of wires above ground shall conform to 1 • the basic standards of the National Electrical Safety Code, National Bureau of Standards, United 0 States Department of Commerce, as promulgated at the time of erection thereof ; f i PAGE 14 R o } H,t. o f , 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 coming in contact with the wires, cables, or other Facilities of the Telephone Company, SECTION COMPENSATION TO THE 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 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 tfe usual general ad valorem taxes and special assessments itt 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") , which shall be assessed monthly upon all Access Lines in the City and which shall be paid i • quarterly as described in Section 8 (b) herein The Access Line Fee shall be $1.42 per month (for a total of S12M for such twelve-month period) for each residential Access Line, and S100 s per month (for a total of $2AA for such twelve-month period) for each business Access Line w • The Access Line Fee will be prorated based upon the number of days during the billing month • • >b1' the customer has service. I PAGE 15 10 r. {r 1 25 k 1tr . 32 X 10 MJLML • 0 1 (b) The amount paid to the City will equal the aggregate amount of Access Line Fees assessed to the Telephone Company according to the 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 (c) If the Ordinance is mutually extended in writing for an additional five years, the Access a Line fee will be increased by three (3) percent per year above the prior year's Access Line fee on 3 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 e 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, ISDN line or PABX trunk) 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 J shall occur durinj the third year of the Ordinance City reserves the fight to determine the other S occasion lbr 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 PAGE 16 K10 32X10 ~i i I provide a report containing a summary of residence and business Access Lines within the City i and the gross amount of Access Line Fees billed customers with each quarterly remittance. The I report shall include the number of Access Lines as of the end of each month in the calendar r 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 tiny 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, I and Access Line count City accepts and agrees that the Customer Service Address List and 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 davs 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 ' i (e) The compensation provided for herein constitutes reasonable compensation for the 'I • consideration granted to the Telephone Company herein a (f) Payment of the "Annual Fee" shall not relieve the Telephone Company from paying all i • applicable municipally owned utility service charges, ad valorem and sales taxes adopted by the i • • City. (g) In the event that either (1) territory within the boundaries of the City shall be disannexed PAGE 17 10 32XIO P 1 • 1 p • + 4 I r rl 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 disannexation/annexation 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 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. I I (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 Lines using the same ' 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 annexation1disannexation maps to the Telephone Company in 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 a disannexation but prior to the receipt by Telephone Company from City of nctica )f such • disannexation. ) (i) In the event a regulatory agency of the State, or court of competent jurisdiction finds that 10~ i • the Access Line fee compensation methodology contained In Section 11(a) of this Ordinance is • • invalid or unenforceable, then for the remainder of the term of this Ordinance or until such time ti es the parties agree to another compensation methodology, whichever occurs first, Telephone PAGE I8 M.n t r pp 32XIII i i I j Company agrees to pay annual compensation under this Ordinance to City in an amount equal to the total of the previous four quarterly payments, such compensation to be paid in quarterly installments and if necessary prorated from the date of such Order of the regulatory agency or i court. j i SECTION 9. SUCCESSORS AND ASSIGNS , The rights, powers, limitations, duties and restrictions herein provided for shall inu-e to and be binding upon the parties hereto and upon their respective legal and bona fide representatives, i successors and assigns, SECTION 10. PERIOD OF AGREEMENT , This agreement shall be in full force and effect for the period beginning with the effective date I hereof and ending five (S) years after such date. This Ordinance may be extended for an additional five O 5 , yeah if mutually agreed to in writing by both parties and such extension is I i approved by the City in accordance with the City's Charter. j , i SECTION U. FUTURE CONTINGENCIES Notwithstanding anything contained in this Ordinance to the contrary, in the event that this i • Ordinance or any section, sentence, clause, phrase, or part thereof, providing any compensation i due the City under this Ordinance, becomes, is held to be, or is declared or determined by i 1 judicial, administrative or legislative authority exercising its jurisdiction to be excessive, • 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 j JV1 1 to obtain a new ordinance that is in compliance with the authority's decision or enactment ar9 in I PAGE 19 , 25 32X10 1, ,LAJLA- 111111 MIA which the Telephone Company shall pay to City a reasonable but constitutional and valid compensation I • SECTION 12, GOVERNING LAW AND VENUE. (a) This Ordinance shall be construed in accordance with the law of the State of Texas and I` the City Charter and City Ordinances in effect on the date of passage of this Ordinance to the extent that such Charter and Ordinances ue not in conflict with or in violation of the Constitution and laws of the United States or of the State of Texas. (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. SECTION 13. DISPUTE RESOLUTION (a) Notwithstanding any other provision of this Ordinance, the Parties herc.u agree that any claim, cause of action or other dispute based upon or arising out of this Ordinance (a "dispute") shall be conducted, decided, determined and/or rewived pursuant to and in accordance with the ♦ provisions of this Section. The parties desire to resolve disputes arising out of this Ordinance i without litigation Accordingly, in the event of any dispute hereunder, the Parties hereto agree to attempt in good faith to resolve their dispute between themselves. Within ten (I0) days after • i. ♦ receipt of the written request of a party, each party will appoint a knowledgeable, responsible representative or representatives to meet and negotiate in good faith to resolve any dispute I E PAGE 20 10 32X 0 l 6 i F i i arising under this Ordinance. The parties' representatives will meet within ten (10) days after the 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 -..eating 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. (OASIS) 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 tb promote reconciliation, settlement, or understanding among them A mediator may not impose his own judgment on the issues for that of the panics. Unless expressly authorized by the parties, the mediator may not disclose to either party information A 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, , ad matters, including the conduct and demeanor of the parties and their counsel during ' i mediation, are confidential and shall be inadmissible as settlement discussion pursuant to j • Rule 408 of the Federal Rules of Evidence or the applicable state rules. The mediator shall be ' • selected by agreement of the parties within thirty (30) days after either parry first requests mediation of the other. If a single mediator cannot be agreed upon, then each party shall select { PAGE :l 10 32x10 c 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 declares an impasse. If either party desires to request the production of information for its use in the rtedia,ion, it shall 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, and the mediator shall issue an opinion within five (S) 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 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 suit (d) Neither the Chy not 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 terms of this Ordinance 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 i • and provisions hereof shall be enforceable through injunctive relief i SECTION 14 GOVERNMENTAL IMMUNITY • All of the regulations provided in this Ordinance are hereby declared to be for a public purpose and the health, safety, and welfare of the general public. Any member of the governing body or City official or employee cha ged with the enforcement of this Ordinance, acting for the City in , PAGE 22 WA 25 32X - 0 O I I the discharge of his duties, shall net thereby render himself personally liable; and he is hereby t i, relieved from all personal liability for any damage that might accrue to persons or property as a f result of any act required or permitted in the discharge of his said duties. y I SECTION 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 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 t ae such i 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 Rights-Of. Way or to require a fair and reasonable compensation from all telecommunications providers, on a competitively neutral and nondiscriminatory basis, and the compensation will be publicly disclosed by the City. r j • SECTION l6. REPEAL OF CONFLICTING PROVISIONS i All other ordinances and agreements and parts of agreements and ordinances in conflict with the r provisions of this Ordinance are hereby repealed to the extent of such Inconsistency PAOE 13 wig ANNE" ✓ , SECTION 17. NOTICE For any purposes related to this Ordinance, notice to the City shall be to • I Office of City Manager city of Denton 215 E McKinney Denton, TX 76201 Notice to the Telephone Company shall be to Nortex Telcom, L.L C. Attn: Alvin M Fuhrman, President P.O. Drawer 387 Muenster, TX 76252 Notice will be effective upon delivery at the above addresses until the City or the Telephone Company notifies the other, in writing, of a change of address S CTIQN I PARTIAL INVALIDITY AND REPEAL PROVISIONS i , If any section, sentence, clause or phrase in this Ordinance is for any reason held to be illegal, ultra vlres, unconstitutlunal, 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 I • • • 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 ordinances ive hereby repealed to the extent of such Inconsistency, AM ordinances PAGE 24 i 32 X NOULMNLAR, 0 I , i p I .rMMni',.a ! '„4n ..u~Y.rr t~.•rr r+, M.4nlw.4 ~ ...Y.+. ~ 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 agreements which are not in conflict with this Ordinance and which in any manner relate to the l regulation of the City streets, alleys, and public places or the business of the Telephone ~ I f Company shall remain in full force and effect. I SECTION 14. EFFECTIVE DATE AND ACCEPTANCE OF AGRFEMENT ff The Telephone Company shall have sixty (60) days from and after the passage and approval of E this Ordinance to rile its written acceptance thereof with the City Secretary. Upon such filing this Ordinance shall take effect and the effective date of this Ordinance shalt 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 of the governing body of the City expressed by ordinance and subject to all terms of such ordinance, which shall not be unreasonably withheld e 0~ y,. ~ 11 PAOE 15 l' % i 1. y, X fW , _ 'J x ' r i'r L~. a : r t 1v f Ji r S! ~ i ,K it O y . L 1. I r r t i f 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 r c meeting was given as required. M y r 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 L v APPROVED AS TO LEGAL, FORM } HERBERT L. PROUTY, CITY ATTORNEY t _ H S I t v i t i PAGE 26 4 b v r.e 10 X fi r 0 . O The above and foregoing ordinance re~¢ 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 TdA A1,11ler Mayor, voting e2ye I f Llit' Council Member, voting cZC1E A2 rx- 1! 'i <A/73-__ _ Council Member, voting ale ~ J !V(Ad ~~CL,hN .I/; Council Member, voting _ e2ie AL,/ L.~u i'[2ikr J Council Member, voting t? _ j; ~ cJ r Council Member, voting a G' Council Member, voting Qye The above and foregoing ordinance read, adopted on second reading and passed by the following votes, this the da, 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 § • 1, City Secretary of the City of Denton, Texas, do hereby I certify that the above and foregoing is a true and correct copy of the right-of-way rental agreement between the City of Denton, Texas, and NORTEX TELCOM, L L C. as indicated herein The same is now recorded in Volume Page _ of the Ordinance Records of L the City of Denton, Texas. • WETNESS MY AND this the _ day of AD. 19 • • (Seat) City Secretary PAGE 21 25x.~a 32x~~. LOW LW ' p I ACCEPTANCE WHEREAS, the City Council of the City of Denton, Texas, did on the day of 19. enact an Ordinance entitled AN ORDINANCE WHEREBY THE CITY OF DENTON, TEXAS, AND N'ORTEX j 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 COMPANY1 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 FCR SEVERABILITY; PROVIDING FOR CHOICE OF LAW AND VENUE; PROVIDING FOR 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; and • WHEREAS, said Ordinance was on the day of 19 duly approved by the Mayor of said City and the seal of said City was thereto affixed and attested by the City Secretary; i NOW, THEREFORE, Nortex Telcom, L L C hereby in all respects accepts, approves, and agrees to said Ordinance, and same shall constitute and be binding contractual obligation of • Norte% Telcom, L L C and of the City without waiver of any other remedy by Nortex Telcom, O • 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, I PAGE 28 25 ~G~ 32x~❑ O i , s i r 5 < ' ri ',i , 'IF Dated this day of A.D. 19 } u NORTEX TELCOM, L.L.C. r By fi f ATTEST: Assistant Secretary Acceptance riled in the office of the City Secretary of Denton, Texas, this _ day of t, AD, 19 City Secretcy" f' Ik ~ ~ r i J x• o • PAOE 29 V / ! ^ •R ~ 1 5 32Xf~ o .ate C • 0ate.~rQ.:~_ _ AGENDA INFORMATION SHEET AGENDA DATE: June 2, 1998 Questions concerning this franchise may be directed to Mike Bucek, DEPARTMENT: City Manager City Attorney's Office-349.8333 CM: Ted Benavides I SUBJECT Consider adoption of an Ordinance on Second Reading whereby the City of Denton, Texas, and CoServ LLC (d/b/a/ CoServ Communications), an affiliate of Denton County Electric agree that, fo 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 alternale dispute resolulion; and providing for method of acceptance -44 1)ACKGR4CJ,NQ On April 20, 1998 CoServ, LLC advised the City that it would like to have a franchise agreement • with the Cily to provide telecommunication 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 approval on Second Reading on November 19, 1996 (the existing franchise the City has with G1L) with the name orCo5erv substituted for the name of GTE The City advised CoServ that pursuant to the Public Utility Regulatory Act (PURA) 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 G1C Ordinance. This is based on the amendments to PURA effective September 1, 1995 which O provide that cities may not discriminate against telecommunications providers The April 27 { i falter informed CoServ that the franchise would not be forwarded to the Council for consideration of the Ordinance on Second Reading until the City received a letter from CoServ 1 agreeing to pay the fees required for publishing the approximate 29-page document (estimated at 10 32 X1 El AAk %d I r O i ~.K lvri f:. n. .yn: w. +.e-nn rvn nservYw.+n rvrwr•e .a r Agenda Information Sheet Page 2 $1,000) in the Denton Record Chronicle (DRC) as required by the City Charter. By letter dated May 4, 1998, Jim Chism with CoServ Communications agreed to pay such fees. ESTIMATED SCHEDULE OF PROJECF CoServ 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 (2) regular meetings of the council and the ordinance shall not take effect until twenty-one days after its final passage. This ordinance was approved on first reading on May 19 and the second reading is scheduled for June 2 so CoServ should be able to begin providing services in Denton around June 23. ;i PRIOR ACTIONIREVIEIV The GTE franchise that the City is required by PURA to offer to CoServ resulted from negotiations between GTE and Denton (and 19 of its sister cities) in the settlement of a lawsuit filed by GTE on April 25, 1995, styled GTE Southwest Incprnorated vs. City of Denton, et At, 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 $125,000 for 1996to approximately $1,000,000 for 1997. FISCAL INFORMATION GTE`s 1997 franchise (and the same terms are in CoServ's franchise) required GTE to pay $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 of this new franchise is that if CoServ's customers have never purchased telephone services from GTE then rot each new access line activated the applicable fee above will be paid to the City. If CoServ recruits customers from GTE on existing access line then for each access 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 compensation neutral to the City's general fund. RE ONWENDAUON Staff recommends adoption of the ordinance, Respectfully submitted Ted 9enevides City Manager (..,r Attachment 01; CoServ letter of April 20, 1998 2 ~ I ..I I f, ~ I 1 rt • 1 I; a v, , v n o t_ r: +,t ~ + f i j (.,~J~ r fl~= < ~v; ; H I^p r 1 p.. , t S ».,.4n.. reas++WK~a»„.~.wlr..',.,.....1.....:. r.w~+,...'....,~. r , Agenda Information Sheet ! Page 3 r ; Attachment #2; Bueek letter of April 27, 1998 r Attachment O CoServ letter of May 4, 1998 'r Attachment #4 Proposed Franchise Ordinance .x . f 4'¢ J y t I, a 111 A' 1 1 r L ` r l F 1 ~ I Y I r r I" , l ( rM r-•; r 1. , w Fr , P Y 1. J % I r 14c. ~ 1w. , '.:n ~Dt a' u'r n r ti Jla ~ A a 11, 7 ,~xl t i. , r ti r ! ~1. , a• " ,k b: S y~ BY ! .P y~b I 1 G'1,' i ie9 AfiaY I 0 ' I e f a , s ~t L q CoSeff 444 , ~ s f . , x I L 3501 FM 2181 VkServ Corinth. Rx" 76203 Metro 8171341143 FAX 94"97fi525 r An Affiliate of iknton County Electric M2744014 ~ f + r April 20, 1998 ' Mike Bucek Office of the City Attorney f ' 1 213 East McKinney < Denton, Texas 76201 a, S, Dear Mr, Bucek: CoServ Communications would like to have a franchise agreement with the City of Denton to provide telecommunication 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 materiel to apply for a franchise. Your assistance on this matter is appreciated, Sincerely, i . im Chism CoServ Communications r Y +r ! 1 r , APR 2 21998 4 y;! X I~b!I f4'~~ Sri°, L ~ ~ .'~y3~~Ix;~'^,~ d~Q~✓~.iiV Lr asoras Manassas 6 ' i i i I ~ I i CJ&Afforney'sOnlee I ' CUy of Denton, Texas ' 21.1 Ease Afe9kney Denton, Texas 76101 CITY OF DENTON TEXAS (940) 319-8333 ` F !0 381-7913 April 27, 1998 Jim CWsm CoServ Communications 3501 FM 2181 Corinth, Texas 76205 Re, CoServ Franchise for Telecommunications Services Dear Mr. Chism: % Per our conversation on April 22, 1998, enclosed is the proposed franchise between CoServ and Denton to use City rightsOf•way for telecommunications purposes as defined in such franchise. As J mentioned to you on April 22nd, pursuant to the Public Utility Regulatory Act (PURA), after September 1, 1995, cities may not discriminate against telecommunications providers. The City's existing franchise with GTE was executed In December, 1996, so based on PURA, a Gan- chise with CoServ relating to phone service must be substantially the same as the GTE franchise, The enclosed franchise is identical to the Ganchise Denton 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 GTE, The City will be prepared to place this item on a City I 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 charhed by the Denton-Record Chronicle to publish the approximate 29-page right- of-way use agreemoal as required by City Charter, You may want to call the Dentoa Record- Chronicle to get a price Quote on the publication. My recollection is that the cost of publication to GTE was around 51,000. We appreciate CoServ's interest in doing business in Denton. Please call me at (940) 349.8333 should you have any questions regarding the enclosed franchise i I 1 Sincerely, tc 4 1 Bucek 1 First Assistant City Attorney i, ~ M13af ~ . ~ 0 r 1~, f enclosure ~V cc. Ted Benavides, City Manager (w/out encl ) Herb Prouty, City Attorney (wlout enci.) Kathy DuBose, Assistant City Manager for Finance (w,'out encl.) Sharon Mays, Director Electric Utility (w/out encl.) S I. I , 32 X I i 0 , COSH 3501 FM 2181 Corinth. Thas 76205 E Metro 8174341195 FAX 9404974525 An AB'ilWe of Denton Cowry Electric 8042744014 F i I May 4, 1998 Mike Bucek First Assistant City Attorney City of Denton 215 East McKinney CoServ Denton, Texas 76201 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 proposed franchise agreement sent to our office is acceptable to CoServ Communications. I would recommend under ff.) of the definitions that we use CoServ 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 U. 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, ! • PAmChism 1 ' CoServ Communications j J ' L'MAI05 6 i 25 y 32X~~ A O •w ~ wo i ORDINANCE NO. , i AN ORDINANCE WHEREBY THE CITY 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, 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; t 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 0 CUMULATIVE; PROVIDING FOR GOVERNMENTAL IMMUNITY; PROVIDING FOR CONSENT AND ACCEPTANCE; PROVIDING FOR SlIVERABILITY; PROVIDING FOR CHOICE OF LAW AND VENUE; FINDWG AND DETERMINING THAT THE MEETING 0 AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY A LAW; PROVIDING FOR FUTURE CONTINGENCIES; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR RELEASE OF ALL CLAIMS UNDER i Y Qe~lyl 10 32x M , a I (k4 1 i 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 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's corporate limits in the future: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: SECTION 1. DEFINITIONS Whenever used in this Ordinance, the following words and tams shall have the definitions and I meanings provided in this section: { (a) jtt'CESS 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 liner, semi-public pay telephone Iine$ and PABX trunks or equivalent which are assigned to locations inside the corporate limits of the City. ! { (b) EM: The City of Denton, Texas ! PAGE 2 32 10 0. i i (c) FACILITIES: All Telephone Company duct spaces, manholes, poles, conduits, j f , 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) JIGHTS-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 the City. As used herein, the term "[tights-of--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) TELECOMMUNICATIONS 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, I r or offered for distribution by the Telephone Company, transmitted without change in form or d content of the information as sent and received, which transmission is offered for safe 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 Services" do not include such services as cable services, as defined in the Cable Communications Policy Act of 1984 (47 U S.C A. § 521, et seg, amended) or as recognized by the Federal ` 4 1 Communications Commission or any other service wherein content is selected for distribution by tD the Telephone Company. j it PAGE 3 . f.Z !f K ~CJ 32X ID I ' r ~ O 4 I . (f) TELEPHONE COMPANY: CoServCommunications I i (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 other characteristics, and whether for voice, video, or data or other purposes, which are i 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-ofway 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 Un.ted States and the State of Texas And the City's Charter and Ordinances to the extent such tl 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 without 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 is now constructed, subject to such changes as Q • under the conditions prescribed in this Ordinance may be considered neussary to the public health and safety by the City in the exercise of its lawful police powers and such changes and PAGE4 _ 25 ❑ 32X10 0 1 D extensions as may be considered necessary by the Telephone Company in the pursuit of its 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 E reasonable and lawful regulation as the City shall hereafter by charter, resolution or ordinance i provide. The terms of this Ordinance shall apply throughout the City and shall apply to all 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 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 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 " s Telephone Company shall do all things reasonably within its power to do to restore normal service as soon as practicable. M (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, • to Telephone Company and City will jointly agree to alternative installation of relocation options PAGE S ` ~~K10 32 XIq SECTION 3. SUPERVISION BY CITY OF LOCATION OF POLES AND CONDUITS k (a) The Telepb,)ne Company shall lay, maintain, construct, operate, and replace its poles, wires, anchors, cables, manholes, conduits, and appurtenances used, in whole or part, to provide 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 City's governing body or an authorized committee or agent appointed by said governing body. All poles to be placed shalt 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 far 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 i 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 6 • 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 PAGE 6 I❑ 32XI❑ 1 I 0 I i II the reasonable and proper regulation, control and direction of the City's governing body or of any City, Committee, department or orficial to whom such duties have been or may be - delegated. I I (b) The City shall have the right to change the grade, install, relocate, or widen the public f i streets, sidewalks, bikeways, alleys, public thoroughfares, highways, landscaping, and public E 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, its 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 thoroughfare, highway or public ways, including if necessary relocating such Facilities and Transmission Media a sufficient distance from 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, sidewalk, bikeway, alley, public thoroughfare, highway or public way. c The City shall have right to lay, and permit to Iaid sewer, gaswstar electric, an be and , O 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 r Telephone Company, and to change any curb or sidewalk or the grade of any street In 0 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 PAGE7 17) 32 X . o , j I I arising out of the performance 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 Telephone Company to relocate, at the sole expense of the Telephone Company, any Facilities erected or maintained in City Rights-of-Way, if said relocation 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, gas 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 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 at least ten (10) days' written notice to Telephone Company of the requirement to relocate or remove said Facilities. Whenever it shall he 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 magnita,ie of such alterations or changes, without claim for i reimbursement or damages against the City. If any such requirements impose a financial PAGES Y 21-)x. 32XIO • c i ' i 1 l hardship upon the Telephone Company, the Telephone Company shall have the right to present ahemative 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) j 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 person shall reimburse or make arrangements satisfactory to Telephone Company to reimburse the Telephone Company for any loss and expense caused by or arising out of such change; I provided, however, that in no event shall the City be liable for such reimbursement. (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. SECTION 4. ATTACHMENTS TO POLES AND SPACE IN DUCTS (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• t 1 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. F 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 y purposes, nor otherwise use any such in excess of one hundred thin (130) volts for signal PAGE9 25 ~0. 32X 0 j 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 j 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 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 this Ordinance. (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. I i 1 (d) The City may, at any time, submit 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 ! i City contact person for requests for Facility usage. , (e) The City recognizes that the Telephone Company cannot reserve Facilities for the O 0 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 i PAGE 10 .u. y~ x 2 5 10 o axe 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 ii through no fault of the City, any equipment or faciFties 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, If such a delay occurs, City shall take all reasonable measures to make its equipment o, 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. 'r (f) With regard to the City's equipment or facilities placed in, or on, Telephone Compt, ny's facilities, the Telephone Company sh, ll 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 i Telephone Company notifying the City that Facilities are available or if such City equipment 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 j , equipment or facilities being placed in, or on. Telephone Company's Facilities, the s, r Telephone Company may not charge the City an additional fee for the use i the • Telephone Company's Facilities. The City's use of Telephone Company Facilities will extend ` i 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. O • )J41 The Telephone Company will not be liable fur the installation or maintenance of any City •f Lr % facilities under this Ordinance or for any damage not caused solely by the negligence of the PACE 11 ti<'6. 75 x,Q 32XI~ 'OVAL s 0 w E E Telephone Company. E v E (g) The City shall clearl, mark all o° its facilities that are placed in, or on, Telephone Company Facilities. In order to protect the telephone service to the citizens of the l city, the City agrees that all construction by the City in, or .,n, Telephone Company Facilities will be in accordance with Telephone Company standards and procedures and any applicable t City Codes or Ordinances. The Telephone Company shall have the right to make oft-site inspections during construction by the City In the event the City, in making its facilities operretional, encounters any situation that might impact Telephone Company's communication service to the Citizens of the City, the City shall stop constructio• and notify the Telephone Company immediately. i (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 j has plan, to use the requested Facilities by installing telecommunications equipment no later I thy; .,o (2) years from the date of the City's request. In the event that the j Telephone Company denies the City's request, the Telephone Company mint show the City its current engineering plans that demonstrate that the Telephone Company will use the f 1 { ~ 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 Righis•of•way for the conduct of any private business except to 1 the extent required by law. The Telephone Company will, from time to time, upon writttn PAGE 12 1 t.'sKt° s' 25,w 10 32X10 request 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 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 agreement which shall include reasonable compensation The Telephone Company may require 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 permission to any 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 requiremems, as determined by the City. Q) Nothing contained in this Ordinance shall obligate or restrict the Telephore Company in exercising its rights voluntarily to erter into pole attachment, pole usage, joint ownership or i other wire- space or facilities agreements with light and/or power companies or with other 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 0 • . agrees to pay the other a fee to place its facilities on a utility pole owned by the other. I r PAGE 13 32 x O Ile i 1 SECTIO,'V_ RIGHTS-Of-WAY TO BE RESTORED TO GOOD CONXITION (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 ! I I maintaining its Facilities or Transmission :Media within a real: noble time after completion of the I 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 I 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 s 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-Way caused by the construction, maintenance or restoration work of the Telephone Company. The 1 Telephone Company shall comply with all reasonable rules and regulations of the City relative 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. ? (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 t. except in the case of emergencies, in which case the information shall be submitted a soon as I i PAGE 14 I ittix~a, 2i Y 32x~~ • 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 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. SECTION 6. TEMPORARY REMOVAL OF AERIAL WIRES { The Telephone Company on the request of any person shall remove or raise or lower its wives within the City temporarily to permit the moving of houses or other bulky structures. The expense of such temporary removal, raising or lowering of wires shall be paid by the benefited i party or parties, and the Telephone Company may require such payment in advance. The Telephone Company shsIl be given not less than forty-eight (48) hours' advance notice to I I arrange for such temporary wig a changes. The clearance of wires above ground shall conform to j the basic standards of the National Electrical Safety Code, National Bureau of Standards, United States Department of Commerce, as promulgated et the time of erection thereof. i SECTIONS. 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 1 i • overhanging the Rights-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 Tekphone Company. I i PAGE IS 25K10 32X 0 SECTION 8. COMPENSATION TO THE 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 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 tar 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") , which shall be assessed monthly upon all Access Lines in the City and which shall be paid quarterly as described in Section 8 (b) herein The Access Line Fee shall be $142 per month (for a total of $ILN for such twelve-month period) for each residential Access Line, and $2400 per month (for a total of S2AM 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 ! " he customer has service. (b) The amount paid to the City will equal the aggregate amount of Access Line Fees assessed to the Telephone Company asording to the method dtscribed above through the end 1 of each calendar quarter. The payment due dates shall be February 28, May 31, August 3 1, and i~ November 30 of each Contract Year this Ordinance remains in effect. The first payment under r } this Ordinance shall be due on PAGE 16 25x10 32Xiu - a 0 I I (c) If the Ordinance is mutually extended in writing for an additional Ave 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 data 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, ISDN line or PA13X trunk) 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 Cit- reserves the right to determine the other occasion for which such information shall be made ava lable by Telephone Company for inspection, City agrees to provide reasonable notice beforehand of each such request for t 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 provide a report containing a summary of residence and business Access Lines within the City and the gross amount of Access Line Fees billed customers with each quarterly remittance. The O 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. PAGE: 17 5 k 32 x .0 i CO Y 4NFAVM i p. or any successor database. The Customer Service Address List shall not include any customer i 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 List and Access Line count are proprictary 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. c t (e) The compensation provided for herein constitutes reasonable compensation for the consideration granted to the Telephone Company herein Payment of the Annual Fee shall not relieve the Telephone Company from paying all fi applicable municipally owned utility service charges, ad valorem and sales taxes adopted by the i City (g) In the event that either (l) territory within the boundaries of the City shall be disannexed O S and a new incorporated municipality created which includes such territory or 2 territory shall t x be consolidated or annexed into the City, then notwithstanding any other provision of this PAGE IS ' - - , N~,..i.-xia 32Xid ,warms. , 0 Ordinance, the Annual Fee shall be adjusted, effective on the efative date of the annexation. To accomplish this adjustment, within sixty (60) days following the action effecting a disannexation/annexation 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 maps of the affected areas, then the fees Rom 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. (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 Lines using the same methodology prescribed in Section 8(a) above The effective date of the adjustment shall be the same as the effective date of the annexatiorddisannexation action by the City, provided that the City has supplied the appropriate annexation/disannexation maps to the Telephone Company in 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 a disannexation but prior to the receipt by Telephone Company from City of notice of such disannexation (i) In the event a regulatory agency of the State, or court of competent jurisdiction finds that the Access Line fee compensation methodology contained in Section B(a) )f this Ordinance is invalid or unenforceable, then for the remainder of the term of this Ordinance or until such time as the parties agree to another compensation methodology, whichever occurs first, Telephone Company agrees to pay annual compensation under this Ordinance to City in an amount equal PAGE S9 a ' 25 K 10 32xI❑ t ~ to the total of the previous four quarterly payments, such compensation to be paid in quarterly installments and if necessary prorated from the date of such Order of the regulatory agency or court i SECTION SUCCESSORS AND ASSIGNS a The rights, powers, limitations, duties and restrictions herein provided for shall inure to and be binding upon the parties hereto and upon their respective legal and bona fide representatives, successors and assigns SECTION 12 PERIOD OF AGREEMENT This agreement shall be in full force and effect for the period beginning with the effective date hereof and ending five (5) years after such date. This Ordinance may be extended for an additional five (S) years if mutually agreed to in writing by bah parties and such extension is approved by the City in accordance with the City's Charter. SECTION I I 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 part thereof, providing any compensation due the City under this Ordinance, becomes, is held to be, or is declared or determined by judicial, administtstive or legislative authority exercising its jurisdiction to be excessive, unrecoverable, unenforceable, void, unconstitutional, unlawful, invalid or otherwise inapplicable, , i in whole or in part, the Telephone Company and the City shall meet and negotiate in good faith to obtain a rew ordinance that is in compliance with the authority's decision or enactment and in PAGE 20 t j a6itrr, 2 C'x 10 32 x a 0 i which the Telephone Company shall pay to City a reasonable but constitutional and valid compensation. ; SECTION 12. GOVERNING LAW AND VENUE. (a) This Ordinance shall be construed in accordance with the law of the State of Texas and 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 in violation of the Constitrtion and laws of the United States or of the State of Texas, (b) Venue for any dispute arising under this Agreement shall be in Denton County, Texas, i (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. { ,I SECTION 12, DISPUTE RESOLUTION (a) Notwithstandin- 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 conducted, decided, determined and'or resolved pursuant to and in accordance with the provisions of this Section. The parties desire to resolve disputes arising out of this Ordinance ' withr' t litigation. Accordingly, in the event crony dispute hereunder, the Ponies hereto agree to r,..' attempt in good faith to resolve their dispute between themselves. Within ten (10) days offer receipt of the written request of a party, each parry will appoint a knowledgable, responsible representative or representatives to meet and negotiate in good faith to resolve any dispute PAGE 21 • , e I arising under this Ordinance. The parties' representatives will meet within ten (10) days after the M I appointment of such representatives and negotiate in good faith to resolve any such dispute. I i (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 thi• Ordinance with respect to controversy or claim arising out of or relating to 1 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 non-binding I 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 rGonciliation, settlement, or understanding among them. A mediator may not impose his awn judgment on the issues for that of the parties. Unless expressly authorized by the parties, the mediator may not disclose to either party information gi•,en in confidence by the other and shall at all times mairtain confidentiality with respect to communications relating to the subject matter of the dispute. Unless the parties agree otherwise, i ' all matters, including the conduct and demeanor of the parties and their counsel during N. mediation, are confidential and shall be inadmissible as settlement discussion pursuant to O • Rule 408 of the Federal Rules of Evidence or the applicable state rules The mediator shall be selected by agreement of the parties within thirty (30) days after either party first requests PAGE 22 79~>, 10 32 x i , 0 mediation of the other. If a single mediator cannot 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 in. ependem mediator who will conduct the mediation session (s). The mediator's fees will be borne equa':y by both parties. In the event mAiation is req~resied, any applicable statutes of limitations shall be automatically tolled until the mediator declares an impasse. If either party desires to request the production of information for its use in the mediation, it shall 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 -lays of receipt of the request, and the mediator shall issue an opinion within five (5) days of such objection, as to whether the nforma ion is relevant to the issues presented fo• mediati-, and should be produced. If either party reFises to proceed with the mediation in accordance 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 fads to resolve the dispute, tue parties may then resort to means outside the scope of this Sectiun 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 I terrrs of this Ordinance by the other party, including seeking injunctive relief in a court of ~ v competent jurisdiction. Such right to seek injunctive relief is expressly reserved and all terms ' ~•l and provisions hereof shall be enforceable through injunctive relief. • • 'sYP M F PAGE 21 f ~ + 1. 25 K 10 32x ❑ e , o ' i I SECTION I4. GOVERN' ,FNTAL IMMUNITY All of the regulations provided in this Ordinance are hereby declared to be for a public purpose and the health, safety, and welfare of the general public. Any member of the governing body or i City official or employee charged 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 a result of any act required or permitted in the discharge of his said duties ~I SECTION IS. 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 use of the Rights-Of-Way within the City. The Telephone Company continues to take the positio i 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 a3 stated herein. ,1 • (b) Nothing in this section affects the authority of the City to manage the public Rights-Of. ° Way or to require a fair and reasonable compensation from ell telecommunications providers, rn AK , a competitively neutral and nondiscriminatory basis, and the compensation will be publicly i disclosed by the City f , PAGE 24 , 4 i ~,r aa~,: 25 x 10 32 x d L~ i smNM„ 1 I SECTION 16. REPEAL OF CONFLICTING PROVISIONS All other ordinances and agreements and parts of agreements and ordinances in conflict with the provisions of this Ordinance are hereby repealed to the extent of such inconsistency, SECTION 17. 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 to the Telephone Company shall be to, CoServ Attn President 1501 FM 2181 Corinth, TX 76205 f Notice will be effective upon delivery at the above addresses until the City or the Telephone Company notifies the other, in writing, of a change of address. SECTION I8 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 0 • i 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 PAGE 25 3200 25 0 1 I it . . i 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 provisions of this Ordinance, in which event such conflicting provisions, if any in such other ordinance or ordinances are hereby repealed to the extent of such inconsistency. All ordinances and agreements and parts of ordinances and agreemems 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 manner relatt 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 SECTION I9. 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 the 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 Q TRANSFER OR ASSIGNMENT This Ordinance shall not be transferred or assigned by the Telephone Company except with the 0 approval of the governing body of the City expressed by ordinance and subject to all terms of • ~J4 such ordinance, which shall not be unreasonably withheld PACE 6 , 25 ~Q 2xI❑ 3 x tD , ralrmas I 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 I. I APPROVED AS TO LEGAL FORM: i tr' HERBERT L PROUTY, CITY ATTORNEY 1 ~ N 1 I / f ((c 11 ~ A ~ II i t y f PAGE 27 h k 5 x 1 6 32X " 10 o o , The above; and foregoing ordinance reed, adopted on first reading and passed to second reading by the fcgowing votes, this the -ZhL day of '/J ` 19-24 at a regular session of the City Council Mayor, voting L t 11 I~rt~51e Council Member, voting / 5 Council Member, voting Council Member, voting y~ /`/L it i 1 / Z2 C ee~ Council Member, voting ;`{rrI/~' Gi4 Council Member, voting j _ Council Member, voting ~11t 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 1 Mayor, voting Council Member, voting _ Council Member, voting Council Member, voting Council Member, voting Corvtcil Member, voting I Council Member, voting STATE OF TEXAS § COUNTY 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, Texas, and COSERV, An Affiliate of Denton County Electric, as indicated herein Th: same is now recorded in Volume _ Page of the a_ Ordinance Records of the City of Denton, Texas + WITNESS MY AND this the day of A D. 19 0 • (Seal) City btcretary PAGE 28 'Wit- uwl~~ f',~„ , I K 10 32xI❑ 0 I ACCEPTANCE WHEREAS, the City Council of the City of Denton, Texas, did on the _ day of 19__, enact an Ordinance entitled 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 OF THE CITY, SUCH POSTS, POLES, WIRES, CABLES, CONDUITS AND OTHER APPLIANCES, STRUCTURES AND FIXTURES NECESSARY OR CONViiNIENT FOR RENDITION OF TELECOM.IIUNICATIONS 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 TELECONLMUNICATIONS BUS1N1SS; 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 FOX 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 INI.MUNITY, 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 IS PASSED IS OPEN TO T14E 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 RESOLUTIOI;; AND PROVIDING FOR METHOD OF ACCEPTANCE; 1 • and ; t WHEREAS, said Ordinance was on the _ day of 19 duly approved by the Mayor of said City and the seal of said City was thereto affixed and attested by the City Secretary; • • • 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 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, Texas, in hislher office. PAGE 29 d j 4~` ; , 25 xl 32x~~ h I~~ R f [ 1 rl ~df. I r 1 i i n y r Y 1 Dated this day of AD. 19 ' COSERV, AN AFFILIATE OF ' DENTON COUNTY ELECTRIC f By' _ f ATTEST: i ~ I ` Assistant Secretary II Amotance filed in the office of the City Secretary of Denton, Texas, this _ day of A.D. 19 _ r City Secretary .Y r • F"4 W LQLCW Q,MrdedAtilort'OH'a3~l dot f I ~ J { ` r h ` PAGE 30 LL o , Agenda Na T L IlC`'L AGENDA INFORMATION SHEET Apanda Ire//m _ Da~er._..Y~ - AGENDA DATE: June 2, 1998 Questions concerning this acquisition may be directed DEPARTMENT: Finance - Purchasing to Diana Ortiz 349-8151 ACM: Kathy DuBose, 349-8228 i SUBJECT AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH WILLIAM M, MERCER, INC. TO PROVIDE PROFESSIONAL SERVICES TO ASSIST THE CITY IN EVALUATING AND SELECTING A HEALTH CARE PROVIDER AND TO PROVIDE RELATED SERVICES AS SET FORTH IN THE CONTRACT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR AND PROVIDING AN EFFECTIVE DATE. (PROFESSIONAL SERVICES AGREEMENT N 2217, AWARDED TO WILLIAM M. MERCER INC,, IN AN AMOUNT NOT TO EXCEED 564,000.00 PER YEAR). BACKGROUND William Mercer, Inc. (formerly Foster Higgins) has provided successful consulting services for the last 3 years and previously assisted the city with the re-bid of its health insurance program. The City will be re-bidding the health insurance program in 1999 for tl,e year 2000 facing technical and critical issues surrounding the City's group health insurance program for employees and dependents. Services will include: ' Evaluate/provide recommendations on the overall strategic goals/objectives/ directions of employee health and wellness programs. Provide advice/ recommendations related to national health reform. ' Evaluate/provide recommendations on the administration and operation of current health insurance program. ' Develop/analyze and provide recommendations concerning proposed bids and contract negotiations, ' Monitor/and analyzelprovide recommendations for City's group health insurance plan, claim ICYet9 utilization data cost and claims controls. Government reporting preparation and submission. i ' Presentation and attendance at City meetings: City Council, City Management, 0 Employee Insurance and Wellness Committees. ' Perform other tasks related to group health and wellness programs as reasonably Requested by the City. l i r . !1J a 10 3r. 2.5 x ❑ o , 0 dawn" AGENDA INFORMATION SHUT JUNE 2, 1998 PAGE 2 OF 3 ESTIMATED SCHEDULE OF PROJECT This is an annual contract for on-going professional services related to the City of Denton health provider and actuarial study. The contract is renewable for two additional one- year terms. PRIOR ACTIONIREVIEW (Council. Boards. Commissionsl The Professional Services contract attached to the ordinance has been review-d by the Risk Manager, Employee Insurance Committee and the City Attorney. FISCAL INFORMATION In compliance with the Professional Services Procurement Act Chapter 2254 of the Texas Government Code after William Mercer was chosen based upon qualifications, the contract was negotiated to continue at $5 per employee per month retainer fee at a minimum of $4,000 per month and not to exceed a maximum of $5;100 pet month. The total annual contract fee would not exceed $64,000. The budgeted funds are proposed for the 1998/99 budgets to cover these important services. Risk Management Budget Funds, account# 100-040-0029-8339. The contrac' Delude two-year rate guarantees not to exceed $5.25 per employee per month retain., ice for the second year and $5.50 per employee per month retainer fee for the third year contract. PROFESSIONAL § .RE VICES AGREEMENT INFORMATION PSA # 2217 is for Professional Services related to City of Denton health care provider and actuarial study. William M. Mercer, Inc. will assist in the re-bid of the health , insurance program, maintain the actuarial study, meet with the Employee Insurance and Wellness Committee and provide overall recommendations of the strategic goals objectives and direction of emp!oyee health and wellness program. The annual contract for services will not exceed $64,000.00 per year, 4 We recommend this professional service agreement be approved and the contract be awarded to William M. Mercer, Inc. a I 2 [t 32X I Oi ~ tt Y 1~ I AGENDA INFORMATION SHEET NNE 2, 1998 PAGE 3 OF 3 k I Respectfully submitted: Name: Tom Shaw, C.P.M., 349.7100 Title: Purchasing Agent i Attachment HI: Mercer Proposal dated March 2b, 1998 Attachment 02: Mercer Proposal dated April 15, 1998 1039.AGENDA. I , 'I t ti ' I. 1 u" i , i•' Jv II i I I , 3 ,r~ , n I r q..rvv 4 1'JFlf ^'S1 5)(1 VIA I0 X 1 tJ I WILLIAM M. MERCER !March 26. 1998 Ms, Chris Scott Finance Department City of Denton 215 E. McKinney Denton. T\ 76201 Rer Proposal for Health Insurance Consulting Services Dear Chris: We are pleased to present a proposal for health insurance consulting services to be provided through a three )-ear contract with the City of Denton. Mercer enjoys the relationship we have developed with the City during our current contract. We believe this arrangement has been mutually beneficial for the City and for Mercer, i Our proposed level of services is very similar to the services provided under the existing contract. including the selection of a vendor for the health insurance plans. ongoing consulting and advice. attendance at EK meetings and monitoring the relationship with health plan vendors. The scope of services is described in detail belowa j Scope of Service • Assist the City in the development of benefits design and strategy, including plan provisions and funding mechanisms. • Solicit and evaluate bids from vendors in 1999 to provide health insurance services, under a three year contract effective January 1. 2000, including. - gather required data/information; - coordinate bid specification preparation with City's Purchasing, Legal and HUman Resources departments; - detrlop bid specifications. - distribute bid specifications; - conduct bidders conference; - respond to bidder questions/inquiries: - analyze bid responses; - conduct on-site review of two finalists III, I - prepare bid analysis report: - negotiate wi!h finalists: - present final bid analysis results is City representatives' City Council, and rim with Implementation of the new venclor, including review of contracts, • I I~ Louklets and enrollment procedures. 7~ n am M1t 5.le rce ircoroo zeta i^.crs Ira 270 75'M 75:6 Tr.as Ccmmerc~ toter - 2700 Mctt a,en„e Dala.. Tx 'S2Gt 4 i, ;t 2 5 x ~~i 32 X I O Y'p r r y " r~ 1i 1 , rem * ~ ~ ~ ~ y' O , 3 , , t I .wrrrw ~ WILLIA M _ 1 r iMERI ER t f` Ms. Chris Scott March 26, 1998 Page 2 • Analyze claims data and project plan costs for each year, , • Negotiate with insurance vendors to obtain favorable renewal premiums and ' fees. f W • Evaluate the impact of proposed changes in plan design and plan funding. 6 Attend Employee Insurance C,immittee and City Council meetings as needed. + Monitor the ongoing administration of the health care plans and performance of vendors. t • Assist the City in compliance with C08M. HIPAA and other benefits related e,, l legislation. Monitor the North Texas health care market and changes which affect the City's benefit plans. • Represent the City in discussions with all vendors or carriers on benefiv, related . matters, Chris, we hope this scope of services meets the City's expectations, If so, we will submit a proposal for our related consulting Fees. We look forward to hearing from you and to continuing our partnership to provide excellent benefits to the City's employees. r Sincerely. Mark E. Chronister CC: Max Blackburn, City of Denton? t Jim Falconer. Mercer Jrkrl do 4ID1191Mprup Jrn r ,C , t,R A V ~ L ~ r .Y M I r" ~ I fit, 1 p y " r I i d`~ yli~ It l C~ N, rh S 1 ~ ~ V~ a I'1 11"N If il:r~ i. asAwae `MERCER I April 15, 1998 E Ms. Chris Scott Management Assistant lI City of Denton Risk Management 215 E. McKinney Denton, TX 76201 ' Dear Chris: Thank you for revie% ing the proposed scope of services in our letter of March 2f, 1998. Based on the scope of services presented, we are proposing the following fee arrangement for approval by the City. Our professional fees for the proposed services will be $5.00 per employee per month for the first year of our contract w?th the City, - hick will be effective July 18, 1998. The monthly charge per employee will be $5.25 for the second year and 55.50 for the third year of the contract. Throughe•.' the three-year term of the contract, professional fees %vill be no less than 54,000 and no more than $5,000 in uny one month. Expenses such as express mail. travel and printing will be charged in addition to the monthly fees. However, the total annual charges for fees and expenses will not exceed $64.000. µ'e %%ill provide monthly invoices based on enrollment in each month as reported by the City's health plan administrator. Upon completion of the three-year contract. the City will have the option of renewing the contract for two twelve month periods. Based on the needs of the City, Mercer will provide a scope of services and professional fees for each renewal period. We look forward to extending our relationship with the City. If you have any questions regarding our fees, please call me at (214) 220-3312. A Sincerely, G4 Mark E. Chronister . cc: Jim Falconer. Mercer l O ~ ANU~am kf h4r.:r rco•onweo Pncre 7'a ::0 ]E:: 7500 Teas Cc-mO,ce fowe, 7700 Pos, A.• e Da+a~. x '72V 6 10 32XILI Obi 0 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH WILLIAM M. MERCER, INC. TO PROVIDE PROFESSIONAL SERVICES TO ASSIST THE CITY IN EVALUATING AND SELECTING A HEALTH CARE PROVIDER AND TO PROVIDE RELATED SERVICES AS SET FORTH IN THE CONTRACT; PROVIDING FOR ` THE EXPENDITURE OF FUNDS THEREFOR AND PROVIDING AN EFFECTIVE DATE. (PROFESSIONAL SERVICES AGREEMENT 4 2217, AWARDED TO WILLIAM M. MERCER INC., IN AN AMOUNT NOT TO EXCEED $64,000.00 PER YEAR). WHEREAS, the City needs a professional consultant to provide professional services, including, without limitation actuarial services, to as0t it in selecting the most qualified, lowest { responsib a bidder to provide health insurance to its employees, develop benefits and design strategy, , monitor the ongoing administration of healthcare plans, and to perfora other related functions; and WHEREAS, the City Manager has recommended that the City contract with William M. Mercer, Inc. to provide such services; Lid WHEREAS, the City Council deems it in the public interest to so contract for such healthcare services; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Manager is authorized to enter into a contract with William M. Mercer, Inc., to provide professional services to evaluate and select the most qualified, lowest responsible provider for health insurance and to provide related services, substantially in the form of the Professional Services Agreement for Health Care Consultant which is attached hereto and made a part of this ordinance as if written wort for word herein. SECTION ll. That the City Manager is hereby authorized to expend the funds as provided in the attached Professional Services Agreement, SECTION Ill. That this ordinance shall become effective immediately upon its passage and approval. ! PASSED AND APPROVED this the day of , 1998. { I JACK MILLER, MAYOR I a N. is v'0 ° 25x~a 32x10 t f F , ' K t. l t Y. . ATTEST JENNIFER WALTEM, CITY SECRETARY E • ? APPROVED AS TO LEGAL FORM; HERBERT L. PROUTY, CITY ATTORNEY I PROPOSAL2211.PROFESSIONAL SERVICE ORDINANCE I I A' I i i 1 f r t ~ I • 1-r tvr t{' `/4 /1 25)( i o v' • 0 PROFESSIONAL SERVICES AGREEMENT FOR HEALTH CARE CONSULTANT STATE OF TEXAS § COUNTY OF DENTON § THUS AGREEMENT is made and entered into as of the 18th day of duly , 19 98, by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "OWNER" and William M. Mercer, Incorporated, with its corporate office at 2200 Ross Avenue, Suite 3500, Dallas, TX, 75201, hereinafter called "CONSULTANT," acting herein, by and through their duly authorized representatives. I WITNESSETH, 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 health insurance consulting services as stated in the sections to follow, hereinafter sometimes referred to as the Project, with diligence and in accordance with the prevailing professional standards customarily obtained for such services in the State of Texas. The professional services set out herein arc as follows: CONSULTANT shall provide all services mutually agreed between the parties, including but not limited to, actuarial services to assist OWNER In evaluating and selecting the most qualified, lowest responsible bidder to provide health insurance to OWNER's employees, developing benefits design strategy, and monitoring the ongoing administration of health care plans and performance by insurers, as more fully set forth in Article 11 herein 11 SCOPE R SERVICES The CONSULTANT shall perform the following services in a professional manner: S A. All those services set forth in CONSULTANT's proposal letter dated March 26, 1998, which is attached hereto and made a part hereof as Exhibit "A" as if written word for word hens. tD i I 9 ?S 10 32x10 r Anne" r O i MOM B. If there is any conflict between the tents of this Agreement and the exhibits attached to this Agreement, the terms and conditions of this Agreement will control over the I terms and conditions of the attac41 exhibits or task orders. PERIOD ;TI F SERVICE I 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 a period of 36 months. This Agreement is subject 3 to consideration for renewal upon mutual consent of both parties for two additional twelve-month periods, with negotiation of the tams, conditions and cost for the successive years. 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 4 the OWNER, acting through its City Manager or his designee, which schedule shall be established after consultation with the CONSULTANT. ARTICLE IV COMPENSATION A COMPENSATION TERMS: 1. "Subcontract Expense" is defined as expenses Incurred by the CONSULTANT in employment of others in outside fines for services in the nature of the subcontractor or subconsuitants work to assist CONSULTANT. 2. "Direct Non-Labor Expense" is defined as that expense for any assignment incurred by the CONSULTANT for supplies, transportation and equipment, travel, communications, subsistence, and lodging away from home, and similar Incidental expenses in connection with that assignment. B. BILLING AND PAYMENT: For and in consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay a set monthly fee of $5.00 per active participating employee per month for the first twelve months of this Agreement. The monthly fee per employee will be $5.25 and $5.50 for the second and third years of this Agreement, respectively. Consulting fees will be subject to a monthly minimum of 54,000 and a monthly maximum not to exceed $5,000, in addition to any direct non-labor expense. The total annual fee for each year of this Agreement. including reimbursement for Direct Non-Labor Expense, shall not exceed S64,000. Nothing contained In this Article shall require the OWNER fo pay for any work which is unsatisfactory, as reasonably determined by the City Manager or las designee, or io 25 10 32XIO 0 i n .oa~eo which is not submitted in compliance with the terms of this Agreement. The i OWNER shall not be required to make any payments to the CONSULTANT white E h the CONSULTANT is in default under this Agreement with respect to the work to which the default applies. It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense, or reimbursement above the maximum not to exceed fee as stated, unless CONSULTANT is requested to perform tasks outside the scope presented in this contract. If additional assistance is required from the CONSULTANT, estimates of professional fees will be provided and presented to OWNER for approval before proceeding with any additional tasks. The CONSULTANT shall not be paid additional payments by the OWNER for any charge, expense, fee or reimbursement above the maximum not to exceed figure nor perform any additional services, without obtaining prior written authorization from the OWNER CONSULTANT and OWNER expressly understand and agree that CONSULTANT shall not receive any compensation for the services provided for herein. from any other source. C. ADDMONAL SERiICE: for additional services authorized in writing by the OWNER In Article m, the CONSULTANT shall be paid based on a professional fee p. aposal provided by the CONSULTANT at the time additional services are re uested the OWNER Payments for additional services shall be due and payable upon submission by the CONSULTANT, and shell be in accordance with subsection B hereof. Statements shall not be submitted more frequently than monthly. D. PAYMENT: If the OWNER fails to make payments due the CONSULTANT for services and expenses within sixty (60) days after receipt of the CONSULTANT's undisputed statement thereof, the amounts due the CONSULTANT will be Increased by the rate of one percent (18/6) per month from the said sixtieth (60`h) day, and, in additicn, the CONSULTANT may, after giving seven (7) days' written notice to the OWNER, mpend services under this Agreement until the CONSULTANT has been paid In full air amounts due for services, expenses, and charges, provided, howe m nothing herein shall require the OWNER to pay the late charge of one percent (I %i { set forth herein with respect to certain work if the OWNER reasonably determines that such work is unsatisfactory, in accordance with this Article IV, "Compensation." li tt t.' ' a . 'i s ~w ARTICLE V OBSERVATION AND REVIEW OF THE WORK I The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any subcontractor or subconsultants. i ARTICLE VI OWNERSHIP OF DOCUMENTS All documents prepared or famished by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) spec'fically and exclusively for OWNER pursuant to this Agreement are instruments of service, and shall become the property of the OWNER upon the termination of this Agreement The CONSULTANT is entitled to retain copies of ail such documents. The documents prepared and famished by the CONSULTANT are intended only to be applicable to this Project, and OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense. In the event the OWNER uses any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified herein, CONSULTANT is released from any and all liability relating to their use in that project, but the OWNER shall have the right and authority to use these documents, materials, and data for any purpose. Notwithstanding anything to the contrary contained in this Agreement, it is understood and agreed that the CONSULTANT shall retain all of its rights in its methodologies and methods of analysis, ideas, concepts, expression, know how, methods, techniques, skills, knowledge and experience possessed by the CONSULTANT prior to, or acquired by the CONSULTANT during, the performance of this Agreement and the CONSULTANT shall not be restricted In any way with respect thereto. ARTICLE VII INDEPENDENT CONTRACTOR CONSULTANT shalt provide services to OWNER as an independent contractor, not as an employee of the OWNER. CONSULTANT shall not have or claim any right arising from employee status. 0 ARTICLE VHI INDEMNITY AGREEMENT i The CONSULTANT shall indemnify a,td save and hold hamdess the OWNER and its officers, and employees from and against any and all liability, claims, demands, J it damages, losses, and expenses, Including, but not limited to court costs and reasonable 0 attorney fees iicurred by the OWNER, and Including, without limitation, damages for 0 0 bodily and personal injury, death and property damage, resulting directly from the negligent acts or wrongful omissions of the CONSULTANT or its officers, shareholders, 12 ri 32X10 0 Z wing" authorized agents, or employees in the execution, operation, or performance of this Agreement. I Nothing in Us Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which 1 defenses are hereby expressly reserved. ARTICLE IX INSURANCE During the performance of the services under this Agreement, CONSULTANT shall maintain the following insurance (other than Professional Liability Insurance) with insurance companies licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with But Rate Carriers of at feast an A• or above: A. Comprehensive General Liability Insurance with bodily injuy limits of not less than S500,000 for each occurrence and not less than 5500,000 in the aggregate, and with property damage Hurtits of not less than 5100,000 for each occurrence and not less than $100,000 in the aggregate. B. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than 5500,000 for each accident, and with property damage limits of not less than $100,000 for each accident. C. Workers' Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each accident. D. Frofessional Liability Insurance with limits of not less than $1,000,000 annual aggregate. j E. The CONSULTANT shall famish insurance certificates or insurance policies at the OWNER's request to evidence such coverages. The insurance policies shall contain a provision that such Insurance shall not be canceled or materially modified without Urty (30) days' prior written notice to CONSULTANT, In such event, CONSULTANT shall provide immediate written notice to OWNER and shall, prior to the effective date of the change or cancellation, serve subst'rute policies firmishing i the same coverage, r 1 i 17 _ fir ^7q, r 25 K10 32Xia o Q i 6RTICLE X ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution, .~;.h as mediation. No arbitration or alternate dispute resolution arising out of or relating to this ' Agreement, involving one party's disagreement, may include the other party to the di; agreement without the other's approval. ARTICLE XI TERMINATION OF AGREEMENT A. Notwithstanding any other provision of this Agreement, either party may terminate Ns Agreement b) giving thirty (30) days' advance written notice to the other party. B. This Agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill iti obligation under this Agreement. No such termination will be effected unless the other party is given (l) written notice (delivered by certified mail, retum 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 (2) an opportunity for consultation with the terminating party prior to termination. C. If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to the OWNER within thirty (30) days after the date of termination. The OWNER shall pay CONSULTANT for all services p•3perly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of termination. Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall reason.&My cooperate in providing information, The CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT specifically and exclusively for the OWNER pursuant to this Agreement to the OWNER on or before the date of termination, but may maintain copies of such documents for Its use. I ARTICLE 2M RESPONSIBILITY FOR CLAIMS AND LIABILITIES I Approval by the OWNER shall not constitute, not be deemed a release of the responsibility and liability of thn CONSULTANT, its employees, associates, authorized 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 O CONSULTANT, its employees, subcontractors, authorized agents, and subcons• pants. 14 i r) io 32X b e , gamma ARTICLE XIII NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or trailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. I I To CONSULTANT: To OWlMR: William M. Mercer, Incorporated City of Jenton 2200 Ross Avenue Ted Benavides, City Manager Suite 3500 215 East McKinney Dallas, TX 13201 Denton, TX 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mailing, whichever is earlier. I 1 ARTICLE XIV ENTIRE AGREEMENT This Agreement, consisting of ten pages and one exhibit, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representation, negotiations, discussions, communication, and agreements which may have been made In connection with the subject matter hereof. i ARTICLE XV SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdtctien to be invalid or unenforceable, it shall be considered severable from the remainder of this Agntmeat anal shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as • possible to expressing the intention of the stricken provision. ARTICLE XYj COMPLIANCE WITH LAWS s, ~ 1 The CONSULTANT shall comply with all federal, state, and local laws, rules, • regulations, and ordinances applicable to the work covered hereunder as they may now • read or hereinafter be amended. is s. 75X10 32X • o low" ARTICLE XVTI DISCRIMINATION PROMITED In performing the zervices required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or , ancestry, age, or physical handicap. ARTICLE XViII PERSONNEL A. The CONSULTANT represents that it has or will secure, at its own expense, all ' personnel required to perform all the services required under this Agreement S rch 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 wili 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 loc6l laws to perform such services. ARTICLE XIX ASSIGNABILIITY Neither party shall assign any interest in this Agreement, nor transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the other party. ARTICLE XX MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and rie 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 ur obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE XXI MISCELLANEOUS A. fhe following exhibits are attached to and made a part of this Agreement: Exhibit A • Proposal letter from CONSULTANT to OWNER dated :March 26,1998 I 16 _t t~ p{ 413= 32XIO i r r •i B. CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the CONSULTANT: involving transactions relating to this Agreement. CONSULTANT agrees that OWNER shall ham access during normal working boors to all necessary ! CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct audits in c.ompliancz with this section. OWNER shall give CONSULTANT reasonable advance notice of intended audits. C. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. F D. For the purpose of this Agreement, the key persons who will perform most of the work hereunder shall be Mark Chroaister, Jim Falconer, and Bnmda Page]. However, nothing herein shall limit CONSULTANT from using other qu&Hed and competent ' meml;en of Its firm to perform the services required herein. E. CONSULTANT shall co.tuaeoce, carry on, and complete any and ail projects with all applicable dispatch, in e. sound, economical, and efficient manner and in accordance with the provisions hereof In accomplishing the projects. CONSULTANT shall take ruch steps as are ap;,- 3priate to ensure that the work involved Is properly coordinated 14ith related work t,_ing carried on by t+e OWNER F. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT'S { disposal all available information pertinent to the Project, including previous reports,: ' any uther data relative to the Project, and arrang£ag for the scans thereto, and make all provisions for the CONSULTANT to enter in or uprnl public and private property as required for the CONSULTANT to perform services under this Agreement t34 The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement IN WITNESS HEREOF, the City of Dento+t, Texas has caused this Agreement to be executed by its duly authorized City Manager, and CONSULTANT has em red this Ammersent though i+. duly authorized undersigned officer on this the day of t CITY OF DENTON, TEXAS F TED BENAVTDES, CITY MANAGER 1 " L4 a 17 •ti r 2 5 YI 1 1r P;; L r 5 'r; . i r i. • - Er. % 1 r ~ r 1 , A • , .YS•MbWwr Y5 ~ r 1 ATTEST: JENNTER WALTERS. CITY SECRETARY BY: r` APPROVED AS TO LEGAL FORM. ~ HERBERT L. PROIJTY, CITY ATTORNEY OY., WILLIAM M. MERCER, INCORPORATED c; WITNESS: STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged bQfore BY: me on flay 11, 1998 by Hark Chronister, " Associate, of William M. Mercer, a Delawar Corwition, or ehaIf of said corporation t amen Falconer Notnry Public My Commission Expires 12.12-2001 } I 1 'r it 5 ,r ;y i f 1 k, ICr om..rA.o.rlh~rsl.u.nrl.+-as ' i . e? r ,c :r x' A vow" I 0 - i t' Agenda No.f! C_ . Agenda Item AGENDA INFORMATION SHEET Date AGENDA DATEt June 2, 1998 DEPARTMENT: Electric Utility ACM: Howard Martin, Assistant City Manager/Utilities / Y " v SUBJECT AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH BLACK & VEATCH, L.L.P. FOR DESIGN ENGINEERING AND CONSTRUCTION MANAGEMENT SERVICES: AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND During the 1997 summer peak, the section of the 69 KV transmission loop between the Spencer Plant and Locust Substation, which is rated at 500 v nps, was loaded at 581 amps, This section of transmiss'on line trust be upgraded to avoid line damage and outages from this overload condition. The Denton Municipal Electric Utility system is predominately a distribution system. It contains only une transmission level line, which was designed and constructed many years ago. Therefore, the electric utility has no need to maintain a Transmission Engineer on its staff. It is nectasary to utilize the services of a consulting firm, which employees the appropriately trained personnel, to design the upgraded transmission line and manage its construction. F.51IMATEPS1; ;-IIEDLWQ-F PROJECT Design Complete - October, 1998 Award Cunstruction Contract - November, 1998 Project Complete - June 1999 PRIOR ACTIONIREVIEW (Council, Boards, Commisslons) The Public Utilities Board approved this contract by a vote of S to 0 at their meeting of May 18, S 1998 FISCAL INFORMATION Nut to exceed $47,800 Respectfully submitted: / Sharon MaYs Electric Utilit hector I 2h Q x 32 1 ~r r l''Y" , < 1C r . gllgl6 r..l. , { r 0 y,' l . . 1Y 1 _ Y i e w . sot 1 ......,_..~ii .,s.errxr ~lY•, ..w,u1~:x. t' Y? a~Pb'.,'nA'.tlW'S'kY:.rty+Jsi.et,XPW,q~!IdllX~lY!VdFt LC,i,'N~!AVhY•v+4wwwwrw»,r»r; ~ i i I I DR,q~T f 1 . 4 "1 ES BOARD DRAFC MINUTES PUBLIC UTILI7T May Is, 1998 AGENDA ITEM T: CONSIDER APPROVAL OF A PROFESSIONAL SERVICES CONTRACT WITH BLACK & VEATCH, L.L.P. FOR DESIGN, ENGINEERING, AND CONSTRUCTION MANAGEMENT SERVICES FOR THE UPGRADE OF THE 69 KV TRANSMISSION LINE BETWEEN SPENCER PLANT AND THE LOCUST SUBSTATION. The Public Utilities Board voted un mimously to approve s professional services contract with Black and Veatch, L.L.P., after a motion by Board Member Dick Norton and second by Board Member Charldean 4 Newell, The contract was for design, engineering and construction management services to upgrade the 69 KV transmission line twtween Spencer Plant and Locust substation. ti Pamelia Frank 'm Adams, Senior Secretary a, Y ~ I, .R 1• ! a 1 I • F 1 A~ Yf 'Si I r 1 „ < 1 1 p '7,vfp ~y ~ I - - # r~ G`~ gk{9"1'~ °~b $ 1~ X r 1.,., a •.''R 32X . imbo 1 Y ~ r r O r F i r . VOW" r S\Our bxum u`Ardinncn~98181K% l VutA Qdin c&K if ORDINANCE NO, _ i AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH BLACK & VEATCH. L.L.P. FOR DESIGN ENGINEERING AND CONSTRUCTION MANAGEMENT SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS T?IEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION L That the City Manager is hereby authorized to execute a Professional Services Agreement with Black & Veatch, L.L.P. pertaining to professional design engineering and construction management services respecting the Spencer to Locust 69 kV Upgrade Project, a copy of which Agreement is attached hereto and incorporated herein by reference. SECTION H. That the expenditure of funds as provided in the attached agreement is hereby authorized. SECTION UL That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the , day of . 1998. JACK MILLER, MAYOR I ATTEST: JENNIFER WALTERS, CITY SECRETARY • BY: APPROVED AS TO LEGAL FORM; HERBERT L. PROUTY, CITY ATTORNEY ~Y~~.~.1R'IVn~ ~i • • ~y, 1 ~ BY. MVP r ~I t, I r *f5, 25 x 10 32X113 ! 0 q , ~ J l PROFESSIONAL SERVICES AGREEMENT FOR DESIGN ENGINEERING AND CONSTRUCTION MANAGEMENT SERVICES STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT is made and entered into as of the day of , 1998, by and between the City of Denton, Texas, a Texas Municipal Corporation, with its principal office at 213 East McKinney Street, Denton, Texas 76201 ("OWNER"), and Black & Veatch, L.L.P„ a 1'.mited Liability Partnership, with its principal business offices at 8400 Wrrd Parkway, Kansas City, Missouri 64114 ("CONSULTANT") acting herein, by and through their duty authorized respective representatives. WITNESSETH, that in consideration of the covenants and agreements herein contained, the mutual promises of the parties, and the consideration to be pa;d to CONSULTANT by OWNER, 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 slated in the articles to follow, with diligence and in accordance with professional standards customarily obtained for such services in the State of Texas, CONSULTANT shall exercise the same degree of care, skill and diligence in the performance of the professional services provided for hereunder as is ordinarily provided by a professional engineer under similar circumstances. CONSULTANT agrees that it shall, at no cost to OWNER, re-perform services which fall to satisfy the foregoing standard of performance. The professional services set forth herein are in connection with the following described engagement, hereinafter ("PROTECT'): f { Design tnginvering and Construction Management Services Associated with the Spencer to Locust 69 kV Upgrade Project. ARTICLE II ~ SCOPE OF SERVICES ~ The CONSULTANT shall perform the following services on the Project in a professional manner: F J: 5 25 K 10 32 x 1 0 am -J I trerru *r arre~wr • A. To perform all those services set forth in CONSULTANT Is Proposal For Professional Services, dated February 13, 1998, (the "Proposal") which Proposal is attached hereto and incorporated herewith as Exhibit "A". B. To perform all those services set forth in CONSUI TANT's Revisions and Clarifications to Black & Veatch's Proposal Dated February 13, 1998 (the "Revised Proposal") which revises four provisions of the Proposal, is dated February 27, 1998, and which Revised Proposal is attached hereto and incorporated herewith as Exhibit "B". i C. CONSULTANT shall perform all those services set forth in individual task orders which shall be attached to this Agreement and made a part hereof for all purposes as separate Agreements, (If CONSULTANT is a professional engineer and you wish to list specific • services of the CONSULTANT, please list all specu.ruc engineering services to be provided, including the preparation of detailed plans and specificalir,n: + i D. If there is any conflict between the terns of this Agreement and the exhibits attached to [his Agreement, the terms and conditions of this Agreement will control over the terns and conditions of the attached exhibits or task orders. ARTICLE 111 PERIOD OF SERVICE This Agreement shall bc:ome effective upon execution of this Agreement by the OWNER and the CONSULTANT and upon the issuance of a notice to proceed by the OWNER, and shall remain in force for the period which may reasonably be required for the completion of the Project, and any required extensions approved by the OWNER. This Agreement may be sooner terminated in accordance with the provisions hereof Time is a material consideration in this Agreement, The CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule established by the OWNER, acting through its City Manager or his designee. ARTICLE IV "s COMPENSATION A. COMPENSATION TERMS; 1. "Subcontract Expense" is defined as expenses incurred by the CONSULTANT in employment of others in outside firms for services in support of its work on the k Project performed under the Proposal and Revised Proposal, A 2. "Direct Non-Labor Expense" is defined as that expense for any assignment incurred by the CONSULTANT for supplies, transportation and equipment, ~M► travel, communications, subsistence, and lodging away from home, and similar r , incidental expenses in connection with that assignment. , Page 2 r~ 25 x 1 0 32 x I O ,V 1 0 B. BILLING AND PAYMENT: For and in consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay CONSULTANT, a wtal fee, including reimbursement for direct non-labor expenses, not to exceed $47,800.00. 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 exceed the value of the work performed at the time a statement is rendered, The OWNER may withhold the final live percent (S%) of the Agreement amount until completion of the Project. Nothing contained in this Article shall require the OWNER to pay for any work which is unsatisfactory, as reasonably determined by the City Manager or his designee, or which is not submitted in compliance with the terms of this Agreement, The OWNER shall not be required to make any payments to the CONSULT'AN'T 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 payments by the OWNER for any charge, expense, or reimbursement above the maximum not to exceed fee, as stated above, without first having obtained written authorization from OWNER. The CONSULTANT shall not proceed to perform any additional services not covered in the Proposal or Revised Proposal, without obtaining prior written authoriz.alion from the OWNER. C. ADDITIONAL SERVICES: For any additional services authorized in writing by the OWNER which arc not included in the Proposal or Revised Proposal, OWNER and CONSULTANT shall mutually agree upon a method and amount of compensation to be paid to CONSULTANT, D, PAYMENT: If the OWNER fails to make payments due the CONSULTANT for i services and expenses within thirty (30) days after receipt of the CONSULTANT'S undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate crone percent (l%) per month from the said thirtieth (301h) day, and, in addition, the CONSULTANT may, after giving seven (7) davs' written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full all amounts due for services, expenses, and charges. Provided, however, nothing herein shall require the OWNER to pay the late charge of one percent (1%) set forth herein if the OWNER reasonably determines that the work of CONSULTANT is unsatisfactory, in accordance with this Article IV, "Compensation." 0 i Page 3 2.5 A0 32XIO li x dam(/ ARTICLE V OBSERVATION AND REVIEW OF Till: WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any of its subcontractors or subconsultants. ARTICLE VI OWNERSHIP OF DOCUMENT'S r All documents prepared or tumishcd by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and shall become the property of the OWNER upon the termination of this Agreement. The CONSULTANT is entitled to retain copies of all such documents. 11he documents prepared and fumished by the CONSULTANT are intended only to be applicable to this Project, end OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense. In the event the OWNER uses any of the information or materials developed pursuant to this i Agreement in anoti!er project or for other purposes than specified herein, CONSULTANT is released from any and all liability relating to their use in that project, The above provisions of this Article notwithstanding, CONSULTANT shall retain its rights in its standard drawing details, designs, specifications, databases, computer soflware, and any other proprietary property. Rights to intellectual property utilized by CONSULTANT, or modified by CONSULTANT, in the performance of the professional services provided hereunder, shall remain the property of the CONSULTANT. 1 ARTICLE Vil INDEPENDENT CONTRACTOR I CONSULTANT shall provide services to OWNLR as an independent contractor, not as an employee of the OWNER. CONSULTANT shall not have or claim any right arising from cmpluycc status. ARTICLE V111 INDEMNITY AGREEMENT I A. 1he CONSULTANT shall indemnify and save and hold harmless the OWNER and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the OWNER, damages for bodily injury, death and property ; damage, to the extent caused by the negligent acts or omissions of the CONSULTANT or 0 , its partners, agents, subcontractors, subconsultants, or employees in the execution, operation, or performance of this Agreement 7ptf t B. The parties agree that CONSULTANT shall have no liability to OWNER for damages for loss of equipment use, loss of profits, cost of eupital, cost of replacement power, or other similar consequential damages. i Page 4 2510 32X10 0 R it I i C. CONSULTANT'S indemnification of the OWNER, as provided in Article VI11.A. above, shall be expressly limited to the proceeds of its applicable insurance coverage, as j identified in Article 1X, below; but in no event shall CONSULTANT'S indemnification of OWNER exceed the sum of S 1,OW,000. D. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved, { ARTICLE I INSURANCE 1 During the performance of the services under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency, which company has a rating with Best Rate Carriers of at least an "A•" or above: A. Commercial 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 property damage limits of not less than $100,000 for each occurrence and not less than S100,0W0 in the aggregate. B. Automobile Liability Insurance with bodily injury limits of not less than $30000 for each person and not less than S300,000 for each accident, and with property damage limits of not Icss than $ 100,000 for each accident, C. Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than 5100,000 for each accident, D. Professional Liability Insurance with limits of not less than S 1,000,OW annual aggregate. E. The CONSULTANT shall furnish to OWNER insurance certificates to evidence the insurance coverage required in Article IX. A., B., C, and D, above. In the event of a claim. CONSULTANT shall make applicable insurance policies available for review by OWNER. The insurance policies shall name the OWNER as an additional insured on all such policies to the extent permitted by law, and shall 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 a substitute certificate of Insurance to OWNER evidencing the same coverage, F. OWNER shall require 211 project contractors under contract with OWNER to Include OWNER and CONSULTANT as additional insureds on their general liability insurance page S jy(yp~ 25 x i a 32 X! [A) 0 policies. Further, OWNER shall obtain and maintain for the benefit of CONSULTANT, to the extent possible, the same indemnities and insurance benefits obtained for the protection of the OWNER from such project contractors and their subcontractors, and shall obtain and provide to CONSULTANT, insurance certificates evidencing the required coverages, upon request, l ARTICLE X ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or o~her means of alternate dispute resolution, such as mediation. No arbitration or alternate dispute resolution arising out of n~ relating to this Agreement, involving one party's disagreement, may include the other party to the disagreement without the other's approval ARTICLE XI TERMINATION OF AGREEMENT A. Notwithstanding any other provision of this Agreement, either party may terminate this Agreement by giving thirty (30) days' advance written notice to the other party. B. This Agreement may be terminated in whole or in part in the event of either party subst-ntially failing to fulfill its uhtigations under this Agreement. No such termination will be effected unless the other party is given (1) written notice (delivered by certified mail, rctum 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 (2) an opportunity for consultation with the terminating party prior to termination C', If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to the OWNER within thirty (30) days after the date of termination, The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of termination, in accordance with Article IV "Compensation." Should the OWNER subsequently contract with a new consultant for the continuation of scr ices on the Project, CONSULTANT shall cooperate in providing information to the CITY and the new consultant, The CONSULTANT shall turn over all documents prepared or furnished `+y CONSULTANT pursuant to this Agreement to the OWNER on or before the date of if onination of this Agreement, but may maintain copies of such documents for its use, O ~ ARTICLE Xll RESPONSIBILITY FOR CLAIMS AND LIABIIAI IFS Approval by the OWNER shall not constitute, nor be deemed a release of the responsibility and liability of the CONSULTANT, its partucrs, employees, associates, agents, Page G . 3 O O i 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 resEa- " `#v by the OWNER for any defect in the design or other work prepared by the COAwL',' , "T, its partners, employees, associates, agents, subcontractors, and subconsultants, ARTICLE Gall NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective panics by depositing same in the United Slates mail to the address shown below, certified mail, return receipt requested, unless otherwise specifiod herein. Mailed notices shall be deemed communicated as of three (3) days' mailing: To CONSULTANT: To OWNER: Black & Veatch, L,L.P, City of Denton Attn: James R, Lusby, Partner Attn: Ted Benavides, City Manager 8400 Ward Parkway 215 East McKinney P.O. Box 8405 Denton, Texas 76201 Kansas City, Missouri 64114 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mailing. ARTICLE XI ENTIRE AGREEMENT This Agreement, consisting of eleven (l l' cages and two (2) exhibits, constitutes the complcle and final expression of the Agreement of the parties, and is intended ns a complete and exclusive statement of the tcrnu 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. , ARTICI L SEVERA$IL111' ~ If any provtsr ri this Agreement a found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be nmsidercd severable from the remainder of this Agreement and shall not cause the remainder to he invalid or unenforceable. In such event, the parties stall reform this Agreement to replace such stricken provision with a valid and , enforceable provision which comes as close as posaible to expressing the Intention of the panics respecting the stricken provision, 7y/' Page 7 xis 32XIO gall 011 IMRW" 0 .ter: I ~T[C'LF. XV[ COMPLIANCE WITH LAWS The CONSULTANT shall co,nply with all fedclal, state, and local laws, rules, regulations, and ordinances applicable to the services to be provided by CONSULTANT hereunder, as they may now read or hereinafter be amended. The parties agree that any material change in law, rule, regulation or crdrrrance occurring after the effective date of this Agreement that significantly affects the perfo,rrance of CONSULTANT shall entitle CONSULTANT to a reasonable equitable adjustment in he Agreement compensation, ARTICi.E %1'11 FORCE MAJEURF. Neither CONSULTANT nor OWNER shall be considered to be in default of the provisions of this Agreement if delays in or failure of performance shall be due to uncontrollable forces the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term "uncontrollable forces" shall mean any event which results in the prevention or delay of perfo mance by a party of its obligations under this Agreement and which is beyond the control of tho nonperforming party, The term "uncontrollable forces" includes, but is not limited to, fire, acts of God, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, inability to procure permits, licenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either OWNER or CONSULTANT under this Agreement, strikes, work slowdowns or other labor disturbances, and judicial restraint. Neither party shall, however, be excused from performance if nonperformance is due to uncontrollable forces which arc removable or remediable and which the non-performing party could have, with the exercise of reasonable diligence, removed or remedied with reasonable dispatch, The provisions of this Article shall not be interpreted or construed to require CONSULTANT or OWNER to prevent, settle, or otherwise avoid a strike, work slowdown, or other labor action, The non-performing party shall, within a reasonable time of being prevented M or delayed from performance by an uncontrollable force, give written notice to the other party dcscribiog the circumstances and uncontrollable forces preventing continued performance of the i 0 obligations of this Agreement. i a ARTICLE XVIII l DISC RIM[NATION PROHIBI'T'ED In performing the set, ices required hereunder, the CONSULTANT shall not discriminate 0 against any person on the basis of race, color, •cligion, scx, national origin or ancestry, age, or physical handicap. 0 • I i Page 8 25 K~ 32>'~~ Il s , { t ARTICLE XIX 4 PERSONP'EL A. The CONSULTANT represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with the OWNER. CONSULTANT shall inform the OWNER of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement. B. All services on the Project required hereunder will be performed by the CONSULTANT or under its supervision. AI! persotmel engaged in work shall be qualified, and shall be authorized and permitted under stale and local laws to perform such services. ARTIC~„5 X.~( 1 ASSIGNABILITY The CONSUI TANT shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the OWNER. ARTICLE 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 therewith. No evidence of any waiver or modification of this Agreement shall be offered or received in evidence in any proceeding arising between the parties hereto, out of or affecting this 9 Agreement, or the rights or obligations of the panics hereunder, and unless such waiver or modification is in writing and duly executed. The parries further agree that the provisions of this section will not be waived unless as set forth herein. AF3TICL£ XXll MISCELLANEOUS • A. I he following exhibits are attached to and made a part of this Agreement" Exhibil "A" Prof • ;31(2113,198) Exhibit "B" Rcvised Proposal (2/27198) ! qv • B. CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the final payment under this Agreement, have access to and the right to examine any • directly pertinent books, documents, papers, and records of the CONSULTANT involving transactions relating to this Agreement CONSULTANT agrees that OWNER, shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct audits Page 9 ; 32nD 4 L 1 f 1 A 11"' • ' it 2 , 1 I I I 1 YA r , 1 E. 1 S t lr.. 5 I incompliance with this section. OWNER shall giv, r7' ULTANT reasonable advance , notice of intendca examinations or audits. C, Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton tt County, Texas. This Agreement shall be governed by and construed in accordance with ri t, the laws of+he State of Texas. t D. For the purpose of this Ag w.rncnt, the key persons who wili perform most of the work hereunder shall be those p.,sons identified in Section 3.0 of the Proposal. However,; nothing herein shall limit CONSULTANT from using other qualified and competent members of its firth to perform the services required herein. E. CONSULTANT shall commence, carry on, and complete any and ail projects with all t' applicable dispatch, in a sound, economical, and efficient manner and in accordance with ' the provisions hereof. In accomplishing the Project, CONSULTANT shall take such = steps as are appropriate to ensure that the work involved is properly coordinated with any related, vork being carried on by the OWNER. F. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's r' disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions for the CONSULTANT to enter in or upon public and private property as required for the CONSULTANT to perform services under this Agreement. G. The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. r r r r' IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by and through its duly-authorized City Manager; and CONSULTANT has executed ~Xq this Agreement by and through its duly-authorized undersigned Partner on this the day of , 1998. "OWNER" 1 K • C11Y OF DENTON, TEXAS A Municipal Corporation TEU SENAVIDES, City Manager TE , ~ L 5• ` ` ~q t 1 Nr a ~ Page 10 r SAS. s - - h•'~~n~bis;!~9' nr n- Lai ~ ,4',^32X10. k mom 4. Al { C i, L t" i ~ • r ~ n S ` I b , 3 14 V F. v, ATTEST: k JENNIFER WALTERS, City Secretary f ~ t ) BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, City Attomey jS ,i ~ ~..rurL ~((1{7 1 1 BY' t s{; i i "CONSULTANT" r; BLACK de VEATCH, L.L,PI y J R. LUSBY, Partn ATTEST: n BY F:I,Aare~drp•LGL`Aur lkc~mmu`tonuuu~9rdl6ct ! Vatch Cwt uLda r i~ri i a 41 1 I 1 ~ 3 {f M L , , j Page I 1 { - - l ri 25 x \f 32X I.~III\ o a , Y ua 1 5M 1 . ,,.v ..,,w ..,ur.,.. ..,.......+u,+-r.e.ra.nwiu wva,.xw.ir,w. ~ .-.sa ~ . ti L I Agenda No. Agenda Ite `k 01 AGENDA INFORMATION SHEET data r I , AGENDA DATE: June 2, 1998 DEPARTMENT: Electric Utility k ACM: Howard Martin, Assistant City Manager/Utilities ,F s , SUBJECT a}, AN ORDINANCE AUTHORIZINO THE CITY MANAGER TO EXECUTE A CONTRACT FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW FIRM OF O'MELVENY & MYERS, L,L,P.; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE ' BACKGROUND The ability to use tax-exempt financing for electric utility facilities is becoming more complex as 4 deregulation is implemented, The City of Denton must be a::sured that it is complying with all new IRS regulations when it applies tax-exempt financing to its facilities. Guidelines for the use of such financing, which comply with IRS regulations, are required. In addition, various options for dealing with the Gibbons Creek stranded cost involve complicated bond and tax-exempt financing Issues. It is imperative that expert legal council be available to staff in a timely fashion as these options are explored. Tax law in this area is a spcrialty that can not be adequately and e(Pciently addressed by the City k Attomey's office, 17 PRIOR ACTION/REVIEW (Council Boards Commissions) Y 1^ This contract was approved by the Public Utilities Board at their May 18, 1998 meeting by a vote 0175100. . I" • FISCAL INFORMATION " ifs t Cost not to exceed 575,000 ' Respectfully submitted: t-' Sharat Mays v'' I t > Electric Utility Director X, 1 ~4 X 10 1 d l./ I ! A "y I I I I u t~' 4 1999 t"i: , f i rlNalaAY ' r \ Y k;,. 'jo R x: r Y\. PUBLIC UTILME BOARD DRAFT MINUTES May 18, 1998 AGENDA ITEM 8: CONSIDER APPROVAL OF A PROFESSIONAL SERVICES CONTRACT WITH THE LAW FIRM OF ONELVANY & MEYERS, L.L.P. The Public Utilities Board voted wuninwusly to approve a professional services contract with the taw rums of O Melvany ate Meyers, L.L.P. after a motion by Board Member Dick Norton and second by Board Member Cbarldean Newell. k~ }t Y w t r N f~ I I . (v amens Franklin Adams, Senior Secre'iry ` . + r{` 4 . r 1 S.. YI I F • , F V G "~'.>i. I y~~ Q I ' J.~9 d~ ~n it ay^s .~i" 10 ~7 ~Z K r f 2 X ~F WON= t 0 1 .r .q , 5,`,Ow DxumrnulOrdVnvrcnM "clvmy Ordinm c dm I~W ORDINANCE NO, AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW FIRM OF O'MELVENY & MYERS, L.L.P.; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1b That the City Manager is hereby authorized to execute a Contract for Professional Legal Services with the law firm of O'Melveny & Myers, L.L.P., New York, New York, regarding various legal issues concerning tax-exempt finance in connection with the Denton Municipal Electric Utility in the areas of electric deregulation and restructuring; a copy i` of which contract is attached hereto and incorporated herein. SECTION II: That the expenditure of funds as provided in the attached contract 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 f„ APPROVED AS TO LEGAL FORM: HERBERT L, PROUTY, CITY ATTORNEY :f I ,3 BY: • • rT 3 oaf 25 x 10 32 x10 O I~ CONTRACT FOR PROFESSrJNAL LEGAL SERVICES STATE OF TEXAS § ' y COUNTY OF DENTON § THIS AGREEMENT, made and entered into this the _ day of May, 1998, by and between O'Meiveny & Myers, L.L,P., a Limited Liability Partnership, 153 East 53'a Street, Citicorp Center, New York, New York 10022-4611, hereinafter referred to as "Consultant'; and the CITY OF DENTON, a Texas Municipal Corporation, 215 E. McKinney, Denton, Texas 76201, hereinafter referred to as "City". WITNESSETH WHEREAS, the City rinds it necessary to employ outside legal counsel to perform professional legal services in a specialized area of law, tax-exempt finance; and WHEREAS, the Consultant is willing to perform such services in a professional manner as an independent contractor; and WHEREAS, the City desires to engage the Consultant to tender the professional services in connection therewith, and the Consultant is willing to provide such services. NOW, THEREFORE, in consideration of the promises and mutual obligations contained herein, the panics hereto do hereby AGREE as follows:. Scoot of Services: The Consultant shall perform the following services in a professional manner vorking as an independent contractor not under the direct supervision and control of the City: A. Services to be previdcd: I. The Consultant shalt serve as special tax counsel to the City of Denton, Texas and its Municipal Electric Utility, and shall furnish advice and counsel to the City in connection with legal issues pertaining to the City's complian-c with the new Treasury Department "Output • Facilities Regulations" and other related tax regmlations; advice as to the current tax rules which affect the City's ability to issue tax-exempt bond indebtedness to fund electric transmission and'or distribution facilities; advice to the City respecting whether or not certain contracts or arrangements considered by the City, do or do not constitute a "private use". 2. Consultant shall also scree as legal counsel to the City of Denton, Texas and its . Municipal Electric Utility, and shall negotiate with represectatives of other Cities, Texas Municipal Power Agency ("TMPA") and the firm of Fulbright & Jaworski regarding use of tax: 0 • exctnpt financing and restructuring of Denton's relationship with 'TMPA; shall work with designated City of Denton officials and employees and the Reed Consulting Group to continue to N,e develop ahcmativcs for restructuring ,f its TMPA relationship; shall brief the Mayor, other City Council members, and the Public Uti.itics Board, as requested, to 4 Q 32x~El Wes. f ' ~a LL17 ~ 4 r ~i v ti: i 3. Consultant shall also consult, as requested, with the City Manager, the Director of Electric Utilities, the City P ttorney, any other designated City staff and designated outside legal counQel of the City, respecting any and all aspects of the services to be performed under this Agreement. 4. The Consultant shall perform all the professional services required in a timely fashion, and shall complete same in compliance with schedules established and coordinated by the City through its Director of Electric Utilities and City Attorney, through discussions with the Consultant, as appropriate to carry out the terms and conditions of this Agreement. t I I=: This Agreement shall terminate upon the earlier of the completion of the professional services contemplated hereby or the exhaustion of the funds provided hereby. This $ } Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the essence of this Agreement, and the Consultant shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible during the tem. of this Agreement, and to meet the schedules established by the City, through its Director for Electric Utilities and City Attorney, or as the progress of this matter may reasonably require 111. Co yensation and Method of Payment: A. The Consultant shall charge the following fees for its professional services hereunder, based on the following rtes for its professional services hereunder, based on the following hourly billing rates for the attorneys and support staff involved in this matter: Partners and Special Counsel r. Margaret C. Henry $320.0Olhour Robert E.Ferdon 5400.001iour lames P. Marlin 5360.00/hou Richard M. Jones S360.00/hour Dean Weiner 5395,00/t."•ur Tra,ds Gibbs 5325.00/hour Associat £ John Carden as $I15.00/hour O { al I Paralegal Patrick Alvarez S 90.00,br,ur I ar,, Support Staff $35.00 to 553,00 per hour dim r ` l O • Attorney time will be billed at one-tenth (.I1 hour minimum billing increments. B. Notwithstanding the foregoing provisions of Article I11.A. hereinabove, at such times as the Consultant shall adjust its hourly billing rates for attorneys and support staff for the firm as a whole, the foregoing hourly rates may be increased to reflect prevailing "low i ' Contract FDr Professional i.tgal Sen'ices - Pr' ' 'r 25)( 0 r! 0 guideline" rates, with the excepti in of Messrs. Ferdon, Marlin, and Jones, whose billing rates shall reflect a discount below their low guideline billing rates comparable to that afforded above. C. The Consultant will try to reduce costs whenever feasible by utilizing qualified partners, associates, paralegals, and support staff. The Consultant shall bill the City through the submission of itemized invoices, statements, and other documentation, together with supporting data indicating the progress of the work and the services performed on the basis of monthly statements showing hourly rates indicating who performed the work, what type of work was done, and descriptions and or details of all services rendered, along with specific description and supporting documentation, if available, respecting any reasonable and necessary out-of- pocket expenses incurred. D. Consultant and the City agree that all charges for the legal services hereunder, including reasonable out-of-pocket expenses, shall not exceed Seventy Five Thousand Dollars and No/ 100 (S75,000,00). s, E, The City shall either pay directly or reimburse the Consultant, as the case may *e, for reasonable actual out-of-pocket expenses, including but not limited to, long-dislance telephone, telecopier, reproduction, overnight courier, and travel expenses prudently incurred by Consultant. All copies will be charged at the rate of fifteen cents (S.15) per copy for copies made within Consultant's offices, a. as much photocopying as possible being done by outside vendors at bulk rates, if bulk copying is necessary. The parties agree that the charges for facsimile transmission are at the rate of 51.25 per page, Database searches, stcretarial overtime whcn required by the urgency of a client's matter, long distance telephone calls, special deliveries, and other similar items are billed at or below Consultant's estimated costs. F. The parties anticipate invoices or statements for services will be generated on a monthly basis and that said invoices or statements will be sent on or about the 15th day of each month. The City shall make payment to the Consultant within thirty (30) days of the satisfactory completion of services and receipt of an itemized invoice or statement. All reimbursable expenses, including, but not necessarily limited to travel, lodging, and meals shall be paid at the actual cost, pursuant to the terms, conditions, and limitations hereinabove set firth. All invoices and bills shall be approved for payment by the City Attorney and the Director of Electric Utilities. G. It is understood that the Consultant shall work under the direction of the Director i A for Electric Utilities or her designee, and the City Attorney. ll. Ail notices, billing statements and invoices shall be made in writing and may be giscn by personal delivery or by mail. Notices and invoices sent by mail shall be addressed to: Iferbert L. Prouty, City Atlomcy, 215 E, McKinney, Denton, Texas 76201• When so addressed, ?A , the notice, in-oice, and'or payment shall be deemed given upon deposit in the United States 0 Mail, postage pecpaid. In all other instances, notices, invoices, and'or payments shall be Q • deemed given al the time of actual delivery. Changes may be made in the names and addresses of the responsible person or office to whom notices, invoices, and'or payments are to be sent, e , p.'ovtdcd reasonable written notice is given Contract I'm Professional Legal Senlces - Pay- a 6 ; o r c .ate I 1V. Profe4sionalCompetencv A The Consultant agrees that in the performance of these professional services, Consultant shall be responsible for the level of competency and shall use the same degree of skill and care presently maintained by other practicing professionals performing the same or similar types of work. For the purpose of this Agreement, the key person who will be coordinating and performing most of the work hereunder shall be Margaret C. Henry, Attorney. However, nothing herein shall limit Consultant from using other qualified and competeta members of its firm to perform the services r equ;red herein, B. All legal documents as well as any legal opinions prepared or obtained under the terms of this Agreement are instruments of service and the City shall retain ownership and a property interest therein. If this Agreement is terminated at any time for any reason prior to payment to the Consultant for work under this Agreement, all such documents prepared or obtained under the terms of the Agreement shall upon termination be delivered to and becnme the property of the City upon request and without restriction on their use or further compensation to the Consultant. V. Establishment and Maintenance of Records: Full and accurate records shall be maintained by the Consultant at its place of business with respect to all matters covered by this Agreement. Such records shall be maintained for a period of at least three (3) years after receipt of final payment under this Agreement. V1. Audits and lnspeclion: At any time during normal business hours and upon reasonable notice to the Consultant, there shall be made available to the City all of the Consultant's records with respect to all matters covered by this Agreement. The Consultant shall permit the City to audit, examine, and make e:,cerpts or'ranscripts from such records, and to make audits of contracts, invoices, materials, and other data relating to all matters ^overed by this Agreement. VII. Accomplishment of Proiect: The Coiisultant shall commence, carry on, end complete any and all projects with all practicable dispatch, in a sound, economical and efficient manner, a^,ul, in accordance with the provisions hereof and all applicable laws. In accomplishing the ; •.,jects, the Consultant shall lake sucn steps as are appropriate to ensure that the work -IN involved is properly coordinated with related work being carried on by the City. • VIII, Conllicts of InterestConscnt of Denton: The City agrees that Consultant may continue to represent, or may in the future represent, existing or new clients in any matter that is not substantially related to Consultant's work for the City on the engagement described above, and that Consultant may obtain confidential information of interest to the City that would not be dicoloscd to the City. By executing thi Agreement and consenting to the arrangements described in it, the City waives any conflict of interest that might arise in such a situation and agrees not to seek to disquali fy Consultant in those engagements or assert a conflict, f The City's above consent to conflicting representation, however, does not apply to any • • other matter where, as a result of Consultant's rapresenlation of the City, Consultant has obtained E proprietary or other confidential information of a non-public nature, that, if known to the other client, could be used in the other matter by the other client to the City's detriment or disadvantage. Contract For Professional legal Service - Pave d 7 1 K! Q 32 x G 1 tV IX. Indemnity and Independent Contractor Relationship: A. The Consultant shall perform all services as an independent contractor not under the direct supervision and control of the City. Nothing herein shall be construed as creating a relationship of employer and employee between the parties. B. The City and Consultant agree to cooperate in the defense of any claims, action, suit, or proceeding of any kind brought by a third party which may result from or directly or indirectly arise from any negligence and/or errors or omissions on the part of the Consultant or from any breach of the Consultant's obligations under this Agreement. In the event of any litigation or claim under this Agreement in which Consultant is joined as a party, Consultant shall provide suitable counsel to defend the City and Consultant against such claim, provided the Consultant shall have the right to proceed with the competent counsel of its own choosing, The Consultant agrees to defend, indemnify and hold harmless the City and all of its officers, agents, servants, and employees neainst any and all such claims to the extent of coverage by Consultant's professional liability policy. The Consultant agrees to pay all expenses, including but not limited to attorneys' fees, and satisfy all judgments which may be inured or rendered against the Consultant's professional liability insurance policy. Nothing herein constitutes a waiver of any rights or remedies the City may have to pursue under either law or equity, including, without limitation, a cause of action for damage or loss to the City, resulting from Consultant's negligent errors or omissions, or breach of contract, and all such rights and remedies are expressly resprved. i C. Consultant shall maintain and shall be caused to be in force at all times during the term of this Agreement, a legally binding policy of professional liability insurance, listed by Best Rated Carriers, with a rating of "A=" or above, issued by an insurance carrier approved to do business in Texas by the Texas Department of Insurance, Such coverage shall cover any claim hereunder occasioned by the Consultant's negligent professional act , error or omission, in an amount not less than Two Million Dollars ($2,000,000,00) combined single limit coverage occurrence In the event of change or cancellation of the policy by the insurer, the Consultant hereby covenants to immediately advise the City thereof; and in such event, the Consultant shall, prior to the effective date of change or cancellation, deliver a copy of a substitute policy furnishing the same coverage. The Consultant shall provide a copy of such policy or the declarations page of the policy, { whichever is reasonably satisfactory, to the City through its Director of Electric Utilities, simultaneously with the execution of this Agreement. ; X" Termination ofAgrcctncrj: A. In connection with the work outlined in this Agreement, it is agreed and fully 1 understood by the Consultant that the City may cancel or indefinitely suspend further work hereunder or terminate this Agreement at any (imp upon written notice to Q Consultant, Consultant shall cease all work and labor being performed under this Agreement. Consultant may terminate this Agreement by giving the City fifteen (15) days • ittcn notice that Consultant is no longer in a position to continue representing the 1 City. Consultant shall invoice the City for all work satisfactorily completed and shall be comp ^nsated in accordance with the terns of this Agreement, All reports and other Contract For ProfcOunal Legal Services - P-- i g AO 32X r p.' f tB +.aonars • t r , i . , 4" documents, or data, or work related to the project shall become the property of the City upon termination of this Agreement. B. This Agreement may be terminated in whole or in part, in writing, by either party in the event of substantial failure by the other party to fulfill its obligations under this I Agreement through no fault of the terminating party. Provided, however, that no such termination may be affected, unless the other party is given [1] written notice (delivered by certified mail, return receipt requested) of intent to terminate, and not less than thirty (30) calendar days to cure the failure; and [2] an opportunity for consultation with the terminating party prior to termination. C. Nothing contained herein or elsewhere in this Agreement shall require the City to " pay for any work which is unsatisfactory or which is not submitted in compliance with the terms of this Agreement XI. Altemate Dispute Resolution: The Consultant and the City agree that, if necessary, they will use their best efforts to resolve any disputes regarding the Agreement i through the use of mediation or other forms or alternate dispute resolution set forth in Chapter 154 of the Texas Civil Practice and Remedies Code (V,A.T.C.S,). Xli. Entire AK ere ment: This Agreement represents the entire agreement and understanding between the parties, and any negotiations, proposals, or oral agreements are intended to be integrated herein and to be superseded by this written Agreement. Any supplement or amendment to this Agreement to be effective shall be in writing and signed by the City and the Consultant. , XIIL Compliance with Laws: The Consultant shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder rs they may now read or hereafter be amended. XIV. Goveming Law: For the put dose of determining place of agreement and law i governing same, this Agreement is entered into in the City and County of Denton, State of : t Texas, and shall be governed by the laws or the State of Texas. Venue and jurisdiction or any 1 suit or cause of action arising under or in connection with this Agreement shall be exclusively in a court of competent jurisdiction sitting in Denton County. XV. Discrimination Proh bi": In performing the services required hereunder, the i Consultant shall not discriminate against any person on the basis of race, color, religion, sex, t national origin or ancestry, age, or physical handicap, t a XVI. Personnel: a' A. The Consultant represents that it has or will secure at its own expense all 0 • personnel required to perform all the services required under this Agreement. Such e personnel shall not be employees or have any contractual relations with the City. Consultant shall inform the City of any conflict of interest or potential conflict of interest i t that may arise during the term or this Agreement, in accordance with Consultant's v,or F Contract For Professional L. gal Srrvica - ~r p r g , +.n 32X , 0 responsibilities under the State of New York and State of California Disciplinary Rules of ) Professional Conduct, and subject to the provisions of paragraph VIIL, hereinabove. J. B. All services required hereunder will be performed by the C~vsultant or under its direct supervision. All personnel engaged in work shall bo quaiifed and shall be + authorized or permitted under state and local laws to perfotm SL.-k services. XVIL Asstyt}ahilra: The Consultant shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written con..cnt of the City thereto. XVlll. Sgverability; All agreements and covenants contained herein are severable, and in the event any of them, with the exception of those contained in sections headed "Scope of Services", and "Compensation and Method of Payment" hereof, shall be held to be invalid by any co!trt of competent jurisdiction, this Agreement shall be interpreted as though such invalid agreements or covenants were not contained herein. X1X. Responsibilities for Claim and Lia ilily: Approval by the City shall not constitute nor be deemed a release of the responsibility and liability of the Consultant for the accuracy and competency of its work: nor shall such approval be deemed to be an assumption of such responsibility of the City for any defect in any report or other documents prepared by the Consultant, its attorneys and employees. XX. Modification pLA ec ent: 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 •.harged therewith, and no evidence of any waiver or modification shall he offered or received in evidence in any pioceec og arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hertunder, unless such waiver or modification is in writing, duly executed as aforesaid; and, the parties further agree that the provisions of this section will not be waived as herein set forth. XXI. CWi=: 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. XXII. Bin i t E(fecs: This Agreement shall be binding upon and inure to the benc et of 'R ' the panics hereto and their respective legal representatives, successcol, and assigns where E permitted by this Agrccment. IN WITNESS HEREOF, the City of Denton, Texas, has caused this Agreement to be l exccut.d in duplicate original counterparts by its duly -authorized City Manager, u.d Consultant t has executed this Agrccment through its duly-authorized undersigned Partner, dated this the day of Slay, 1998. { 0 ~ Contract For Professional Legal Services - Pr " 14 .32 x l.! sus a } ' 0, , a ! i CITY OF DENTON A Texas Municipal Corporation t BY: TED BENAVIDES, City Manager r. ATTEST: JENNIFER WALTERS, CITY SECRETARY } BY: - APPROVED AS TO LEGAL FORM: HERBERT L, PROUTY, CITY ATTORNEY BY:, _ O'MELYENY & MYERS, L.L.P. A Limited Liability Partnership - BY ROBERT E. FERAON, Par'.7er ATTEST: I , iN4 • BY: x kl~Pl 1 y' t Flyard'Jepll(1l.~Wrl>tcunxnl,(~nbuae v0 i1JU11rl!cnyhMyers Cnnlnctda i Y "Mo Contra-( For Professional Legal Serrvicea 11 ' ' r 32 X0 In, +r 0 l Agenda No Agenda Item ~i Date. i AGENDA INFORMATION SHEET AGENDA DATE: June 2, 1998 DEPARTMENT: Finance ACM; Kathy DuBose, Assistant City Manager for Finance UB ECIi y} A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM UNRESERVED FUND BALANCE OF THE GENERAL FUND m r}I CERTIFICATES OF OBLIGATION BONDS,, AND PROVIDING AN EFFECTIVE DATE. r t BACKGROUND The Denton Municipal Airport is currently in need of funding to proceed with the enlacement of its fut.l farm. The Texas Natural Resource Conservation Commission (I,' RCQ requires that the fuel farm be replaced no later than December 21, 1998. Legislation now includes a provision for designation of project expenditures prior to a bond sale as reimbursable by bond proceeds. This "reimbursement resolution" allows the utilization of 5175,000 of the General Fund unreserved fund balance to be reimbursed mWi proceeds from the sale of Certificates of Obligation bonds. The approval of this resolution will allow the project to progress, yet does not requ;re ea•:y issuance ot'debt. PRIOR AC'T[ON/REVI NJA -I5C'AL INFORMATION $175,000 from the General Fund unreserved fund balance will be reimbursed upon issuance of Certificates of Obligation bonds. 1 1 Respe tfully s bmitted: B Km h Assistant City Manager of Finance l I 25x 0 32XIFJ A F ti I . Prepared by: Linda Rattiff ent ir of Economic Deverpm Dect or o t ilk +14 i 2 "s / 32 x 1. ll I , xrati*w t RESOLUTION NO. A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM UNRESERVED FUND BALANCE OF THE GENERAL FUND WITH CERTIFICATES OF 09LIGATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton (the "Issuer') is a municipal corporatiodpolitical subdivision of the state of Texas; and WHEREAS, the Issuer expects to pay expenditures in connection with the design, planning, and construction of the Fuel Farm for the Airport described in Exhibit "A" attached hereto (the "Project"), which Exhibit "A" is attached hereto and made a part of this resolution for all purposes, prior to the issuance of obligations to finance the Project; and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the provisions of section 1.150-2 Treasury Regulations, to reimburse itself for such nayments at s the obli Bations to finance the Project; NOW, THEREFORE, such time as it i ' 'ssue THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION L That the Issuer reasonably expects to incur debt, as one or more series of obligations, with an aggregate maximum principal amount equal to $175,000 for the purpose of paying the costs of the Project, as set forth in the attached Exhibit "A". SECTION I[: That all costs to be reimbursed pursuant hereto will be design and capital expenditures. No lax-exempt obligations will be issued by the Issuer in furtherance of this resolution alter a date which is later than IS months aflet the later of (l) the date the expenditures are paid, of (2) the date on which the property, with respect to which such expenditures were made, is placed in service. 5ECI ON IIL• That the foregoing notwithstanding, no lax-exempt obligation will be issued pursuant to this resolution more than three years after the date say expenditure which is to I i be reimbursed is paid. SECTION fV: That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _ day of 1998 JACK MILLER, MAYOR h 3 25 x 10 3 2'x' 10 f 0 ' L1 1 p'. I r; ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATT RNEY BY: - , 1A ~v'~dRw~~~~f ~Il~fl~A~~M I,IJ L 1 k el~ i iw S 1 yin 1 4 1 ~ J 25 'l I • EXHIBIT "X' j - I PROJECT: I Construction of Fuel Farm at Denton Municipal Airport 7 1 TOTAL S175,000 ~ P r `V y k F 'k I 1 3 k I, r. I~ .w AYE , r. xX lo LkAgg, umu 0 a i npFnda No._~ Agenda Item _ Date__ AGENDA INFORMATION SHEET AGENDA DATE: June 2,1998 Questions concerning this acquisition may be directed DEPARTMENT: Finance - Purchasing to Linda Ratliff 349.8305 ACM: Kathy DuBose, 349-8228 1 SUBJECT AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR A FUEL FARM FACILITY FOR THE MUNICIPAL AIRPORT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID q 2195 - FUEL FARM FOR MUNICIPAL AIRPORT - 4 LE5GRAY AND CO. INC. IN THE AMOUNT OF $152,244.00). BACKGROUND Tabulation Sheet ESTIMATED SCHEDULE OF PROJECT The quoted schedule is 150 days after receipt of order or approximately November 1, 1998. p$IOR ACTIONIRE VIEW (Connell. Boards. Comm sslonsl The requirement for this new facility is dictated by TNRCC and EPA regulations that make our existing underground storage tanks no longer usable after December 22, 1998. The construction of a new fuel farm has been discussed with representatives of our i i y airport contract operator and they have had input into the design, size, and function of the o new fuel farm. t The Airport Advisory Board reviewed this bid on May 20, 1998 and recommended approval by a 5 yea 0 nay vote, FISCAL INFORMATION Y This Fuel Farm Facility will be funded from certificates of obligation from the n i ~V'+++~~~ reimbursement resolution approved earlier. long term retirement of the debt will be from fuel sales. i T 11 L 11 .5 'r 10 f" 3 2 x O i I • e r ~f ~JF P ~ Jt 1 ~ ~ Y I~. 1 A 't 4 \ ` r AGENDA INFORMATION SHEET ( I Y TUNE 2, 1998 PAGE 2 OF 2 k BID INFORMATION fund fuel storage tanks This bid is for the purchase of two (2) 12,000 gallon abovegro with 150 GPM dispersal capabilities. One tank will be for general aviation fuel (AVGAS) I ,s and one for jet fuel (let•A). Construction wilt meet all fire code restrictions. The tanks will be mounted above ground, be constructed of double wall steel, and meet UL 141 and ? 2085 specifications. The City of Denton will furnish appropriate utilities to the site, foundation consubction, drive approach, and security fencing under separate contracts. v We are recommending award to Les Gray & Co., Inc. as the lowest bidder meeting specifications in the amount of $130,144.00 plus the optional rain protection shield at $2,100.00. Total bid award is $152,244,00. The lower price offered by Bassco required a 400/9 down payment with the order. This is an exception to our bid documents and instructions to bidders. Respectfully submitted: IZN Name: Tom Shaw, C.P.M., 349.7100 Title: Purchasing Agent 11 -44 Attachment #1 Tabulation Sheet 2136. AGENDA F s k` a J ; i. 2 1 , J , V , 3 P 1 Y. q x 0 2.5 ~2 x d~ ' r r r . Y v , 4 TABULATION SHEET ATTACHMENT # 1 r BID 0 2190 I i I BID NAME FUEL FARM FACILITY FOR LES GRAY BASSCO HOLLOWAY MUNICIPAL AIRPORT i CO. SERVICES WELDING i PIPING CO DATE SaA~ 91 R LESCRIPTION VENDOR VENDOR 'rvVENDOR 1 ' OTAL COSTS FOR FUEL FARM FACILITY (INCLUDING PURCHASE PRICE, DELIVERY, INS~ALLATIONIII, TESTINO. 1150144.00 500970.00 $199940.00 OPTION 1~ W X M RAINSHIELD $2,100.00 NO IUD 52,250.00 ADDENDUM / 1 i 2 YES YES { y 0 ` t 1 i. 4 ` "I 1 A a. , at I + r 1 d ~ x a 3 s man= . o , , j i ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR A FUEL FARM FACILITY FOR THE MUNICIPAL AIRPORT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID # 2195 - FUEL FARM FOR MUNICIPAL AIRPORT - LES GRAY AND CO. INC. IN THE AMOUNT OF $152,244.00). , WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the CiWs Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBEB CONTRACTOR AMOL" 3T 3195 LES GRAY AND CO. INC. S 152,244.00 $ECTON 11. That the acceptance and approval of the above competitive bids shall not constitute a comract between the City and t'%c person submitting the bid for construction of such public works or improvements herein accepter and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contra^t and furnishing of performance and payment bonds, and insurance certificate after . notification of the award of the bid. SECTION Ill. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, . conditions, plans and specifications, standards, quantities and specified sums contained therein. 0 • 4 El 32 X Io s o rr 4 naY .rvd,Y ati.,a ~v n.....iLJ ~n.•~h r~rrw.. ~ . 1 r( II M ' , k ! j SECTION IV. That upon acceptance and approval of the above competitive bids and the r r i execution of contract! ~i the public works and improvements to authorized heron, the City Cotrnal hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant theretor ` SECTION V. That this ordinance stall become effective immediately upon its passage and I approval. PASSED AND APPROVED this the day of 1998 e y JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY r 1 BY•, APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Y % ~h BY: G 2 ti f ~ 2191 CONTRAL r ORDINANCE ' y I tt 'Y I r ' L r rM1 r '4 •S, rA • f i 1 ~r A 'ta w ti `,r r 1 _ ✓'!1f b5;~~14'~~r K ` Ir w) 'K', 'I'/f 1 ~~y,1', b• ' _ 32 10 I • O { AGENDA INFORMATION SHEET Agenda No ._l-L049-Aganda Item AGENDA DATE: JUNE 2, 1998 We, . DEPARTMENT: Finance/Management and Budget CM/DCMlACM: Kathy DuBose, Assistant City Manager of Finance " SSVBJECT - AN ORDINANCE APPROVING THE ASSIGNMENT OF THE AGREEMENT BETWEEN THE CITY OF DEN rON AND THE FRIENDS OF DENTON COUNTY HISTORY, INC. (97.98); PROVIDING FOR THE PAYMEN r AND USE OF HOTEL TAX REVENUES 170 THE HISTORICAL SOCIETY OF DENTON COUNTY. INC., SUBJECT TO THE APPROVAL OF REVISIONS TO THE ORIGINAL BUDGET APPROVED BY RESOLUTION NO. 98- 013-. AND PROVIDING AN EFFECTIVE DATE. BACKGROUND Mr. Barry Vermillion with the Friends of Denton County History (Friends) has submitted a letter detailing a proposed merge t between the Friends and the Historical Society of Denton (Society), a 501(C) 3 organization. Mr. Vermillion indicates that the merger will eliminate duplication of effort (see attached letter). You may recall that the Friends is budgeted to receive 55,000 in HOT funds for 1997-98. Friends is requesting that their contract and budget to receive and expend HOT funds be assigned to the Society. Mr. Vermillion has indicated that the 55,000 allocated to friends to FOW the Intertribal Pow Wow, the content of indigenous music of the Americas, and the content of indigenous music of Africa, would be used for the same purposes by the Society Section 6.3 of the F'riend's contract with the City of Denton provides that their contract may be assigned by Friends to another organization with the written consent of the City. I f approved, the attached ordinance would grant the City's permission for the assignment of the agreement between the City of Denton and Friends, and provide for the payment and use of HOT revenues to the ',istorical Society of Ocnion County, subject to the approval of a revised budget , i -14 FISCAL INFORMATIOy 7 he 1997.98 Budg.i includes an allocation of $5,000 in HOT revenue to the Friend,. 0 7 he approval of this ordinance will transfer the Friend's contract to the Society to be utiliYCd for the same purposes. ' Respectfully submitted: •4' Kathy DuBose r Assistant City Manager of Finance 0 Prcp; rc y.; E 0 t i Jun fo ne Director of Tana ement and Budget 1 ~ is ?~Fr~~.~`,~~i.td •i., ! ~ x ~ L.~ a 3G ~1! l• ~ , O / I r .1 ` r ^ ~ 2 7 1998 h, ,Ir ~ r 1 Proposed Merger of Friends of Denton County Ilistory And Historical Society of Denton County r Cow Page a Attachwerts 1. Letter of Explanation 2 Statement ofNon-Activity I' Quarter 3 Copy of previously Submitted Proposed Budget I: .1, .1 t' r 1 ~ v i fl 1 1 r 1. I , , t ~ , ri 1 t.6 r 1 t ~1 4 Y 3v ^1.+r v ~ ~ r=,vl i. e 1 ~hn.I VA' ' , vl i 1 To, City Council, Denton, Texas Re Friends of Denton County I listory Council Membcrs 14 March 1998 This letter is to expla:n the proposed merger of Friends of Denton County History, Inc. and the Historical Soci:9y of Denton County, Inc Friends received authorisation for a grant from the Lalor funds in the toW amount of $5,000. In the application submitted by Frierds it is stated that we will use the money to conduct as many of three fund raising projects as possible. The three projects, second annual Denton County Intertribal Pow Wow, concert , f indigenous music of the Americas, and a concert of the indigenous music of Africa. All projects will be conducted within the city limits of Denton and only for the purpo;es specified in our application, The only change we request is that we be allowed to merge with an existing non- profit organization, which has 501(cx3) status, known legally as the Historical Society of Denton County, Inc. All of the members of the initial Board of Directors of Friends have voted in favor of the merger provided it does not affect the Wor grant. The Board of Directors of the Historical Society of Denton County has done the stme. Primarily, we are interested in the merger, or absorption, to other funds will not have to be spent on corporation processing and legal foes. Also, with very few exceptions, members of Friends are &.so members of the Society, to the merger will eliminate duplication of effort, Should the merger be allowed, the Board of Directors of the Historical Society arc aware of the bookkeeping procedures and necessity of maintaining a separate bank account specificafly fcr Lalor grant money, To be sure that the grant originally awarded to Friends is used as specified, I will be appointed as "Special Projects Chairman" of the Historical Society, This will allow me, and the Special Projects Committee, to work on the originally specified projects w;,hout having to be concerned with administrative logistics 1 he President of the Historical Society, Nis Liz Gunter, end I are willing to ; appear before the Council if necessary DCH Wgn, swK$~,'IK~~ 32x0 ~p~ rx I ~ I 1 I I I ~ la1~fJ I rg 1 ~ 1 0 i I 1 i urBla~ I ~ r i , r r, n 'n y { r; r QUARTERIN PERFORNIANCE REPORT October - December 1997 There are no actiNities to report. Friends of Denton County History has not { received any funding from the City of Denton as of this writing ~ ^ r rr Vermillion 20 March 1998 tin Chairman s of Denton County Vistory I' "a I I r a 4. A `1r i L I J trl! I A ~ r ~ N. ( t e Vr ~ 1 . I t 1 r , I ~ I, ! V _ an *x fAti G.7' ~~tIr. iriti r t{ ~.~,.r. 32 x C~. } ~1'nt~rrut p~4N(Jorurri1 6GrG'/Pil Ilo, A 8.21.'97 c' 4 1 000 goo e MdNPV 00 ,r x Cl 32 X I O ~ Kee 2f 5,4v A": a 0 um.aen IM'/iYIIA+Y UwiwM/l1i,nAfp~~a~N~s.~Isr14, . ORDINANCE NO. AN ORDINANCE APPROVING THE ASSIGNMENT OF THE AGREEMENT BETWEEN THE CITY OF DENTON AND THE FRIENDS OF DENTON COUNTY HISTORY, INC. (97- 98); PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUES TO THE HISTORICAL SOCIETY OF DENTON COUNTY, INC., SUBJECT TO THE APPROVAL OF REVISIONS TO THE ORIGINAL BUDGET APPROVED BY RESOLUTION NO, 98-00; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Friends of Denton County History, Inc, (Friends) contracted with the City of Denton pursuant to Ordinance No. 97.250 to use $5,000 of Hotel Tax Revenues during the 1997- 98 budget year to promote three projects. a) 2nd Annual Denton County Intertribal Pow Wow; b) a concert of indigenous music of the Americas; and c) a concert of the indigenous music of Africa; and WHEREAS, Friends desires to assign its revenues and responsibilities under this contract to a 501(ex3) non-profit corporation known as Historical Society of Denton County, Inc. (Society), which has membership and purposes similar to the Friends, to avoid unnecessary payment of corporation processing and legal fees; and WHEREAS, in consideration of the City Council approving this assignment, Society agrees to provide a more definitive budget for City Council approval regarding the expenditure of funds for the aforementioned three projects prior to expending the hotel tax revenues; NOW, THEREFORE, 1 HE COUNCIL OF THE CITY DENTON HEREBY ORDAINS: R SI CTl9~~, That the assignment of the contract between the City of Denton and the Fricnds of Denton County History, Inc (Friends) approved by Ordinance No. 97.250 to the Historical Society of Denton County, Inc. (Society) is hereby approved, subject to the approval by the City Council of revisions by the Society to the original budget for Friends approved pursuant to Resolution No. 98.013 SECTION 11 That this ordinance shall become effective immediately upon its passage and approval i PASSED AND APPROVED this the day of 1998• JACK MILLER, MAYOR 6 i - - 25 10 ' 32X10 r 1 I I .y I , ~ ~ , I 1 I 4 I 1 r 1 f f. r r i r r I r ~ I Iy~IiylSrorp~yMyRO~~NY~l~Y1W V 4 ~a t ATTEST: JENNIFER WALTERS, CITY SECRETARY : E APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY M 1. •I. 1 1 y "1 1 l I a 1 r .,1 f f. 1 , ICI 'I • ` ~ 4 Y ~ I I ~y ,ll 1 4 1 r~ Ir p` 1 1 I Af 1 f i I 1 I a fY {C i I } tea! r'y I I 1 I { I 7 I~ r L kk ,jQ~I, KK 1 ' { ! S 44l!,, ` 1 1 y j) 1 1/yi :{'n, A•i' r t 'M'{, tY+'i~ P ~ll x ~hkal'yl} v' t hwf Fyn ~2 X l o - I i ORDINANCE N0. 7 / - 50 r ( AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT t BETWEEN THE CITY OF DENTON AND THE FRIENDS OF DENTON COUNTY l (STORY, INC. FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor is hereby authorized to execute an agreement between the City of Denton and the Fn.nds of Denton County History, Inc. for the payment and use of hotel tax revenue, under the terms and conditions ccntained in the agreement, a copy of which is attached hereto and made a part hereof SECTION I[ That this ordinance shall become effective immediately upon its passage and approval ALL c PASSED AND APPROVED this the day of ~242LInl J_I- 1997 JACK ER, MAYOR ATTEST, JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORA' J A I,: HEkBERT L PROUTY, CITY ATTORNEY 1 I I 1 BY N f x14, i~s1 °ra, 2~ 32x a W., • o . { i i AGREENnAT BETWEEN THE CITY OP DEXTON AND THE FRIENDS OF DENTON COUNTY HISTOP.to INC. (97-98) PROVIDING TOR THE PAYMENT AND USE OF HOTEL TAX REVENUE THIS AGREEMENT made between the City of Denton, Texas, a muni- cipal corporation (the "CITY"), and the Friends of Denton County History, inc., a legal entity existing under the laws of the State of Texas (the "COUNTY")s WHEREAS, TEX. TAX CODE S 351.002 authorizes the CITY to levy by ordinance a municipal hotel occupancy tax ("hotel tax") not exceeding seven percent (79) of the consideration paid by a hotel occupant; and WHEREAS, by Ordinance, the CITY has provided for the assess- ment and collection of a municipal hotel occupancy tax in the City of Denton of seven percent (7t); and WHEREAS, TEX. TAX CODE 5351.101 (a)(5) authorizes the CITY to use revenue from its municipal hotel occupancy tax to promote tourism and the convention and hotel industry performing historical restoration and preservation projects or activities or advertising and conducting solicitations and promotional programs to encourage tourists and convention delegates to visit preserved historic sites or museums at or in the immediate vicinity of convention center facilities, or located elsewhere in the municipality or its vicinity that would be frequented by tourists, convention dele- gates, or other visitors to the municipality; and WHEREAS, the COUNTY is well equipped to perform those activities; and WHEREAS, TEX. TAX CODE 5351.101 (c) authorizes the CITY to delegate by contract with the COUNTY as an independent entity the management and supervision of programs and activities of the type described hereinabove funded with revenue from the municipal hotel occupancy tax; NOW, THEREFORE, in consideration of the performance of the mutual covenants and promises contained herein, the CITY and the COUNTY agree and contract as follows; I. HOTEL TAY REVENUE PAYMENT TO COUNTY i.i consideration. For and in consideration of the activities to 0 • be performed by the COUNTY under this Agreement, the CITY ar,rees to ; pay to the COUNTY a portion of the hotel tax revenue collected by a' the CITY at the rates and in the manner specified her.in (such 1V payments by the CITY to the COUNTY sometimes herein referred to as "the agreed payments" or "hotel tax funds"). 9 ~ 6 r -sm *Awrw Q 1 11"MM 1.2 Amount of Payments to County- (a) As used in this agrrament, the following terms shall have the following specific meanings: (i) The "hotel tax revenue" ohall mean the monies col- lected and received by the CITY during any relevant period of time (i.e., fiscal year or fiscal quarter) as municipal hotel occupancy tax at the rate of seven percent (71) of the price paid for a room in a hotel, pursuant to TEX. TAX CODE 9351.002 and City ordinance, together with and including any sums of money received by the CITY from taxpayers during any relevant fiscal quarter or calendar month as attorney's fees, court costs, or other expenses of collection of hotel tax, but excluding interest and penalties received by the CITY from taxpayers. (ii) The term "base payment amount" shall mean an amount of money equal to the total hotel tax revenue collected by the CITY during any relevant period of time (i.e. fiscal year or fiscal quarter), less (1) such amounts incurred during such relevant period of time for costs of collection of hotel taxes from taxpayers or auditing taxpayers for tax payment compli- ance, such collection and auditing costs to inclyde fees paid to attorneys or agents not in the regular employ of the CITY and which attorneys or agents effect collection of the hotel tax from taxpayers or audit such taxpayers; and (2) court costs and expenses incurred in litigation against or auditing of such taxpayers. (b) The CITY shall pay to COUNTY an amount of money equal to seventy-four one hundredths of a percent (0.741) of the base payment amount for the period of October 1, 1997 through September 30, 1998 or Five Thousand Dollars ($50000.00), whichever is less. 1.3 Dates of Payments to County. (a) The term "quarterly payments" shall mean payments by the . CITY to the COUNTY of those amounts specified in 11.2 above as determined by the hotel tax revenue collected by the CITY during any one fiscal quarter during the term of this Agreement. E (b) CITY shall pay the COUNTY the agreed payments specified in 91.2 above by quarterly payments paying seventy-four one hun- dredths of a percent 741) of the base payment amount (quarterl ercent (0. Y) for the first three quarters of the fiscal year and the percentage of the base payment amount for the last quarter of the fiscal year B • shall be adjusted so that the total of the quarterly base payment amounts shall not exceed Five Thousand Dollars ($5,000) during the 1997-98 fiscal year. Each such quarterly payment shall be paid to 10 y 25 K 10 32x10 f I , WON" WOW" I I 1 the COUNTY on oc before the forty-fifth (45th) day after the last l day of such respective fiscal quarter for which such payment is due. If quarterly financial and performance reports are not received within thirty (30) days of the end of the applicable quarter, then CITY may withhold the quarterly payment(s) until the appropriate reports are recoived and approved. (c) The furding of this project in no way commits the CITY to future funding of this program beyond the current contract period. Any future funding is solely the responsibility of the COUNTY. (d) It is expressly understood that this contract in no way obligates the General Fund or any other monies or credits of the CITY. II. USE 01 HOTEL TAX REVENOX BY COUNTY 2.1 Use of Funds. For and in consideration of the payment by the CITY to the COUNTY of the agreed payments of hotel tax funds specified above, the COUNTY agrees to use such hotel tax funds only for the following purposesi (a) advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or regis- trants to the municipality or its vicinity; and (b) historical restoration and preservation projects or activities or advertising and conducting solicitations and promo- tional programs to encourage tourists and convention delegates to visit preserved historic sites or museums; (i) at or in the immediate vicinity of convention center facilities or visitor information centers; or (ii) -located elsewhere in the municipality or its vicinity that would be frequented by tourists and convention delegates. w • i as authorized by TEX. TAX CODE S 351.101(a) (3) i (5). 'I 2.2 Administrative Costs. The hotel tax funds received from the CITY by the COUNTY may be spent for day-to-day operations, sup- plies, salaries, office rental, travel expenses, and other admini- s that are incurred directly in the performance by the strative cost ' COUNTY o , ~ COUNTY of those activities specified in 12.1 above and are allowed O . by TEX. TAX CODE S 351.101(f). it 10 2.r) 0 32X o ~ Min" e - 4 • 2.3 speeific Restrictions on Use of Funds. (a) That portion of total administrative costs of the COUNTY for which hotel tax funds may be used shall not exceed that portion of the COUNTY'S administrative costs actually incurred in con- ducting the activities specified in 12.1 above. (b) Hotel tax funds way not be spent for travel for a person to attend an event or conduct an activity the primary purpose of which is not directly related to the promotion of tourism and the convention and hotel industry or the performance of the person's job in an efficient and professional manner. III. RECORD SEEPING AND REPORTING REQUIREMENTS 3.1 Budget. (a) on or about September I and prior to the disbursement of any funds for the 1997-98 fiscal year, the COUNTY shall prepare and submit to the City Mar•ager of the CITY an annual budget for such fiscal year for the COUNTY and any other operation or function of the COUNTY in which the hotel tax funds shall be used by the COUNTY. This budget shall specifically identify proposed expendi- ture of hotel tax funds by the COUNTY. In other words, the CITY should be able to audit specifically where the funds in the separate account relating to hotel tax funds will be expended. The CITY shall not pay to the COUNTY any hotel tax revenues as set forth in Section I. of this contract during any fiscal year of this Agreement unless a budget for such respective fiscal year has been approved in writing by the Denton City Council authorizing the expenditure of funds in such Section I. (b) The COUNTY acknowledges that the approval of such budget by the Denton City Council creates a fiduciary duty in the COUNTY with respect to the hotel tax funds paid by the CITY to the COUNTY ; under this Agreement. The COUNTY shall expend hotel tax funds only in the manner and for the purposes specified in 5 351.101(,,) (3) i ; (5) TEX. TAX CODE and in the budget as approved by the CITY. 3.2 separate recounts. The COUNTY shall maintain any hotel tax funds paid to the COUNTY by the CITY in a separate account. } 3.3 Financial Records. The COUNTY shall maintain complete slid accurate financial records of each expenditure of the hotel tax fu.ids made by the COUNTY and, upon reasonably advance written re- quest of the Denton City Council or the City's Assistant City Manager of Finance or his designee or other person, shall make such 4 • ti financial records available for inspection and review by the Denton 1j City council or the City's Assistant City Manager of Finance or hit designee or other person. 12 • K 10 32.00 low s 0 • if 3.4 Quarterly Reports. Within thirty days after the end of every quarter, the COUNTY shall furnish to the CITY (1) a performa:ce report of the work performed under this Agreement, in the form determined by the City Manager describing the activities performed +inder this Agreement during that quarter, and (2) a list of the expenditures made with regard to hotel tax funds pursuant to the TEX. TAX CODE ANN. S 351.101(c) (Vernon 1994). The COUNTY shall promptly respond to any request from the City Manager of the CITY for additional information relating to the activities performed under this Agreemen4aa'n7cTewritten I.s Notice of lift a LINTY shall give the City Manager of the CITY notice of the cime and place of general meetings of the Friends of Denton County History, Inc. Board of Directors, as well as any other meeting of any constituen- cy of the COUNTY at which this Agreem,%nt or any matter the subject of this Agreement shall be considered. This provision shall not be deemed to require the COUNTY to give notice of any executive session of the Executive Committee of the COUNTY. IV. REIXBMBEMENT AND INDENNIlICATION 4.1 Reimbursement of County fcr Administrative costs. In the event that this Agreement is terminated pursuant to Section 5.2(a), the CITY agrees to reimburse the COUNTY for any and all expenses and costs undertaken by the COUNTY in performance of thuds activities specified in 12.1 above or expenses or costs incurred by the COUNTY as described in 12.2 above. The CITY is obligated to reimburse the COUNTY for expenses and costs as described in 12.2 above only for the period commencing upon the date notice of termination is givon and ending upon the date of termination. Further, this obligation shall be limited to the lesser of the actual *:xpenses and costs incurred by the COUNTY during the one hundred eighty day period preceding termination or the agreed payments otherwise due and payable to the COUNTY for such period. 4.2 Reimbursement of County for Contractual Obligations. In the event that this Agreement is terminated pursuant to Section 5.2(a), the CITY agrees to reimburse the COUNTY for any and all contractual obligations of the COUNTY undertaken by the COUNTY in performance of those services specified in 12.1 above, conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in 12.1 above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. Notwithstanding any provision hereof to the contrary, the obliga- tion of the CITY to reimburse the COUNTY or to assume the perfor- mance of any contractual obligations of the COUNTY for or under any O • contract entered into by the COUNTY as contemplated herein shall not exceed FIVE HUNDRED DOLLARS ($500.00). Such monetary limita- I 13 r.ai 32X~0 i tion is cumulative of all contractual obligations and shall not be construed as a monetary limitation on a par contract basis. 4.3 payment of Reimbursement to county. (a) With respect to expenses and costs incurred by the COUNTY for which the CITY is obligated to reimburse the COUNTY pursuant to 14.1 above, the CITY shall pay such reimbursement amount due, if any, to the COUNTY on or before the forty-fifth (45th) day after the date of termination of this Agreement. (b) With respect to contractual obligations undertaken by the COUNTY for which the CITY is obligated to reimburse the COUNTY as provided in 14.2 above, the CITY shall reimburse the COUNTY for such monetary obligations required in such contractual obligation in such amounts and at those times such contractual costs and expenses are due and payabl,a according to the teris of such contract limitation sot forth in 14.2 above. 4.A Indemnification. The COUNTY agrees to indemnify, hold harmless, and defend the CITY, its officers, agents, and employees from and against atsy and all claims or suits for injuries, damage, loss, or liability of whatever kind or character, arising out of or in connection with the performance by the COUNTY or those services contemplated by this Agreement, including all such claims or causes of action based upon common, constitutional or statutory law, or based, in whole or in part, upon allegations of negligent or intentional acts of COUNTY, its officers, employees, agents, svbcontractora, licensees and invitees V. TERM AND TERMINATION Sol Term, The term of this Agreement shall commence on October 10 1997 and terminate at midnight on September 30, 1998. This term shall be a period of one year, r 9.2 Termination. ! (a) This Agreement may be terminated by either party by giving the other party cne hundred eighty (180) days advance R written notice. (b) This Agreement shall automatically terminate upon the occurrence of any of the following eventsi . (i) The termination of the legal existence of the 0 • rCOUt7TYr 14 10 32XIO VON" • O (ii) The insolvency of the COUNTY, the filing of a petition in bankruptcy, either voluntarily or involuntarily, or an assignment by the COUNTY for the benefit of creditors; (iii) The continuation of a breach of any of the terms or conditions of this Agreement by either the CITY or the COUNTY for more than thirty (30) days after written notice of such breach is given to the breaching party by the other party; or (iv) The failure of the COUNTY to submit a financial report which complies with the reporting procedures required herein and generally accepted accounting principles prior to the beginning of the next contract term. VI. GENERAL PROVIBIONS Gel Subcontract for Performance of Services. Nothing in this Agreement shall prohibit, nor be construed to prohibit, the agree- ment by the COUNTY with another private entity, person, or organi- zation for the performance of those services described in 12.1 above. In the event that the COUNTY enters into any arrangement, contractual or otherwise, with such other entity, person or organi- zation, the COUNTY shall cause such other entity, person, or orga- nization to adhere to, conform to, and be subject to all provi- sions, terms, and conditions of this Agreement and to TEX. TAX CODE Chap. 351, including reporting requirement,, separate funds main- tenance, and limitations and prohibitions;,ertalnirq to expenditure of the agreed payments and hotel tax tunds. 6.2 Independent Contractor. The COUNTY shall operate as an independent contractor as to all services to be performed under this Agreement and not as an officer, agent, servant, or employee of the CITY. The COUNTY shall have exclusive control of its operations and performance of services hereunder, and such persons, entities, or organizations performing the same and the COUNTY shall be solely responsible for the acts and omissions of its directors, officers, employees, agents, and subcontractors. The COUNTY shall I not be considered a partner or joint venturer with the CITY, nor shall the COUNTY be considered nor in any manner hold itself out as an agent or official representative of the CITY. 6.3 Assignment. The COUNTY shall not assign this Agreement without first obtaining the written consent of the CITY. 6.6 Notice. Any notice required to be given under this A r9ement or any statute, ordinance, or regulation, shall be effective when 0 ! given in mail, return reg eiand pt drequestedinor the hand-delivery, addressed certified the respective parties as followst 15 10 32xrO h, r CITY COUNTY City manager Chairman/Director City of Denton Friends of Denton County 215 E. McKinney History, Inc. Denton, TX 76201-4299 P. 0. Box 2577 Denton, TX 76202 6,3 inurement. This Agreement and each provision hereof, and each and every right, duty, obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation of the CITY and the COUNTY and their respective successors and assigns. 6,6 Application of Laws. All terms, conditions, and provisions of this Agreement are subject to all applicable federal laws, state laws, the Charter of the City of Denton, all ordinances passed pursuant thereto, and all judicial determinations relative thereto. 6.7 Exclusive Agreement. This Agreement contains the entire understanding and constitutes the entire agreement between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or under- standings, oral or written, express or implied, between or among the parties hereto, relating to the subject matter of this agree- ment, which are not fully expressed herein. The, terms and con- ditions of this Agreement shall prevail notwithstanding any variance in this Agreement from the terms and conditions of any other document relating to this transaction or theme transactions. 6.6 Duplicate Originals. This Agreement is executed in duplicate originals. 669 Readings. The headings and subheadings of the various sec- tions and paragraphs o` this Agreement are inserted merely for the purpose of convenience and do not express or imply any limitation, definition, or extension of the specific terms of the section and paragraph so designated. Jkll 9 I 1 EXECUTED this GAS day of , 1997. THE CITY OF DENTON, TEXAS Byl JACK LER, MAYOR 16 ( r" os• I E . r 1 f ~ Fri f' I• r L f Y e ' t 1 L I t l I , 1f f I ATTEST: APPROVED AS TO LEGAL FORM: I ' I Ie.IcvC By l By t ~ se 1 TE~WFERro AL S, HERBERT L. PROUTY, TY SE ETARY CITY ATTORNEY ! FRIENDS OF DENTON COUNTY HISTORY, INC. o ~ Bys A n/D rector ATTEST! APP 0 AS TO LEGAL FORM! By: gYs Secretary 1 • rl , y i 1 I : a A3\GOVN7Y.R ;1 a rr' I 1. t 1 I ` ll), r ~ v I /~5/IJ~ Y} ~.INi ki3v.a i,.. 32 Y 11 .v ` TT TTTTTT } r 1 t . r ..V+V `.i-N4n% •r..w.inp•`...:nenn~mw M-..r,..~.N.r..1rv..,... i AGENDA INFORMATION SHEET Agenda No AGENDA DATE: JUNE 2, 1998 Agenda Ito Date- Bemcnl and Bud-el DEPARTMENT: Finance/Mana i CMIDCMJACM: Kathy DuBose, Assistant City Manager of Finance x, UB E4j - A RESOLUTION AMEND114G RESOLUTION NO, 97.044, WHICH APPROVED THE 1997-98 BUDGET Or 1101 EL TAX REVENUES FOR FRIENDS OF DENTON COUNTY HISTORY, INC.. BY APPROVING A REVISED BUDGET TO BE ADMINISTERED BYTHE RSTORICAI. SOCIETY OF DENTON COUNTY, INC., PURSUANT TO CHAPTER 351 OF THE TEXAS TAX. CODE; AND PROVIDING AN EFFECTIVE DATE. f BACKGROUND Mr. Barry Vermillion with the Friends of Denton County History (friends) has submitted a fetter detailing a proposed merger between the Friends and the l lisiorical Society of Denton (Society), a 50](C )3organizntion. Mr. Vermillion indicates that the merger will eliminate duplication of effort (see attached letter), You may recall that the Friends is budgeted to receive 55,000 in I IOT funds for 1997.98. Friends is requesting that their contract and budget to receive and expend HOY funds be assigned to the Society. Mr. Vermillion has indicated that the 55,000 allocated to Friends to fund the Intertribal Pow %'ow, the consent of indigenous music of the Americas, and the consent of indigenous music of Africa, would be used for the same purposes by the Society. Section 6.3 of the Friend's contract with the City of Denton provides that their contract may be assigned by Friends to another organization with the written consent of the City. Pending City Council approval of on ordinance to assign the friends' contract to receive * I and expend I IOT revenue to the Society, the attached resolution, if approved, would allow previously budgeted funds granted to the Friend!. to be administered by the Society, FISCAI, NFORAt TIO The 1997.98 Budget includes an allocation of $5,000 in 1101' revenue to the friends. ' I he approval of this resolution will transfer the allocation to the Socicty to be utilized for i the same purposes. Respectfully submitted: yu DoS L t Kath uhose Assistant City Manager of Finance' Pre ed by l ~ • Jon ortunc Director of ianagemenl and Budget s NO I` r ( 4'4r~ Atli r C x ! 4J 32 ' 1 0 1 Wr. Y 1• 'rrl y♦ 1 ♦ 1 i' 4 ~ 1 '•rF,~ t 1 , • ,I 0 t . r r n` r I t ' ~ 2 9199 , Proposed Merger of Friends of Denton County History And Historical Society of Denton County C:oNer Page t , Altachmcnts ' LctterofExplanation r. 2 Statement of Non•Activily 14 Quarter 3 Copy of Previously Submitted Proposed Budget ~r r~ r a` , ! E +I Pill .L" J~O t l3 ~i ~ 9 r t" i 2 ♦ 4 j I. ♦ ~I ..yll 32I1 ~ v. (r ~r r, Y A•'• To: City Council, Denton, Texas Re: Friends of Denton County History Council Members 14 March 1998 This letter is to explain the proposed merger of Friends of Denton County History, Inc. and the Historical Society of Denton County, Inc Friends received authorization for a grant from the Lalor funds in the total amount of $5,000. In the application submitted by Friends it is stated that we will use the money to conduct as many of three fund raising projects as possible. The three projects second annual Denton County Intertribal Pow Wow, oonceR of indigenous music of the Americas, and a concert of the indigenous music of Africa. All projects will be conducted within the city limits of Denton and only for the purposes specified in our application The only change we request is that we be allowed to merge with an existing non- profit organization, which has 501(c)(1) status, known legally as the Historical Society of Denton County, Inc. All of the members of the initial Board of Directors of Friends have voted in favor of the merger provided it does not affect the Lalof gram. The Board of Directors of the Historical society of Denton County has done the same, Primarily, we are interested in the merger, or absorption, so other funds will not have to be spent on corporation processing and legal feet Also, with veryfew exceptions, members of Friends are also members of the Society, to the merger will eliminate duplication of effort. Should the merger be allowed, the Board of Directors or the Histm;,,+l Society are aware of the bookkeeping procedures and necessity of mainWning a separate bank account specifically for Lalor grant money. To be sure that the grant originally awarded to Friends is used as specified, I will be appointed as "Special Projects Chairman" of the Historical Society. This will allow me, and the Special Projects Committee, to work on the originally specified projects without having to be concerned with administrative logistics. The Presidena of the Historical Society, Ms Liz Gunter, and I are willing to t , appear berore the Council if necessary 1 c ely, • in ermillior 0 0 y Ling ha man, FDCH i r , i` f r'{ II 3 r , ~ 32X 10 '~r i S; ~ F , k y rl#, r y ~ + i, F a i i r i , r 0 1 AOAgkIM . ~ r .ti l ~u I4~ ' 1! r QUARTERLY PERFORA1ANCE REPORT l a ` . Y r !AV i October - December 1997 ,F. I l here are no activities to report Friends of Denton County History has not .r received any funding from the City of Denton as of this uniting 4 k re ` rr Vermillion 20 March 1998 ' ctin Chairman s of Denton County History i, .r ly I I i tM Y ~ j,b W r r r J 1 ~'y 1 1 , El i ,ten + :a A r .i e Yy tt 2 ~ r ,.'."r [t`r rx r;r+n, 5 }S ~~r~~~~ yw•s~aaa twr /1.~ a c - I~ p 4Y Nnm l y (Wke f~~l fir4, 7o1?a' :.;tNl 17 YAW014, Igo. a la►~, P,cv 1Jeur. ~Kal ,u.~ ems. • oil, j A 2.A ir, •.J9~/dcl~j~ I ❑ !~a' ?.h x i o 32'x 0 e t RESOLUTION NO. r i A RESOLUTION AMENDING RESOLUTION NO. 97-044, WHICH APPROVED THE 1997- 98 BUDGET OF HOTEL TAX REVENUES FOR FRIENDS OF DENTON COUNTY t HISTORY, INC., BY APPROVING A REVISED BUDGET TO BE ADMINISTERED BY t THE HISTORICAL SOCIETY OF DENTON COUNTY, INC., PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council for the City of Denton has approved the assignment of hotel tax revenues allocated to Friends of Denton County History, Inc, (Friends) by Ordinance No. 97.250 to the Historical Society of Denton County, Inc. (Society), subject to the approval by the City Council of a more definitive budget for funds to be expended in the 1997-98 budget year by the Society; and WHEREAS, the City Council finds that the Budget prepared by the Society attached hereto is more definitive than the original budget prepared by the Friends and more fully complies with TEX. TAX CODE ANN, Sec. 331,101(c); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENfON HEREBY RESOLVES: SECTION I. That, in accordance with TEX, TAX CODE ANN, Sec. 351.101(c), the r City of Denton hereby approves certain amendments to the 1997.98 budget of hotel tax revenues in the amount of $5,000 approved pursuant to Resolution No. 97-044, including, but not limited to, a revision which provides for the administration of budgeted funds by the Historical Society of Denton County, Inc (Society) in lieu of the Friends of Denton County History, Inc. (Friends), pursuant to the Agreement between the Friends and the City which has been assigned to the Society, a copy of such revised budget being attached hereto and made a part hereof for all purposes, SEA IONLI. That the Society shall make periodic reports to the City Council at least quarterly listing all expenditures made with hotel tax funds. • E TI l . That this resolution shall become effective immediately upon v; passage i and approval PASSED AND APPROVED this the day of _ 1998. S r +4 JACK MILLER, MAYOR 32X , i . i A C f 4 Rpm" _ Y r'ra~e~ao. on...wr.rrwaru.w.nd rfw r. S .1 e ATTEST: i JENNIFER WALTERS, CITY SECRETARY { F I~ t CFA APPROVED AS TO LEGAL FORM ! PERBERT L. PROUTY, CITY ATTORNEY kr ' y A. y ~ 4 ~ I 1 ! "R, cl r I ' i" f r k , It 5 t t e~ 'r ~ S y r, ~ < Ott t 7(r.'.¢~T~,~>~5~3`,~r9r'a k.ya G X l ~'f Ct t rN,^vr ~~i 'r 32X t ~ i e 1 ! Saar >t rl I 0 t ry ~ 5 4 , 'YaaYelw r _ .e I r L. , r e 1 ~ l i' tr N I. /s i PROJECTED BUDGET OF x REQUESTED LALOR FMING ' SPECIAL PROJEC'T'S COMMITTEE HISTORICAL SOCIETY OF DEN1'ON COUNTY May 14, 1998 1. Second Annual Denton County Intertribal Henefn Pow Wow: Locatim'space rcroal• f LOW N Performers. 1,500.00 Includes lodging. meals, etc, Adndnistrstive• 504.00 includes advertising, printing, postage, equipment rental, etc, Sub Total; $3,000,00 2 Two concerts: one of indigenous music of Africa and she Other of indigenous music ofthe Americas: ) tucetionlepecc renal S 500.00 - ` Performers. 1.000.06 ' Administrative- 500.06 i s Includes advertisin& printing, postage, equipmenl UNA. etc, Sub'folal: $2,0%.00 t r r 't'otal: S5,OWr00 t Itarry W, Venniilion SpeciatProjelsChairman ' ♦ Itist,xical Sally of I)cnton County r ` r rW t t ~ v~ t , e.4.lt+}In y LY 9•X`4' I'1N F r 1 ❑ 10 32X t, C DFZ-SITE: ALADDIN BEAUTY COLLEGE Ii ' III. f ~j I r y~ f ~ r I', . i r4v.: 6. I~ ~ ~i. Lon, NPIP --a {I Fir r V! MMRI ,hpw1'd t Ism lij t J y! •s+ +a . r r c^ DFZ-SITE: BUSINESS SKILLS TRAINING CNTR = i qp or 0,-W a ~ I f I Clt:.!1■ ~ _ ! ~ ~ _ 1. t .JAI+. - w~ T WC Id f (~j ■ Ct n OWN i r'.,.t ~ a wAU!ut on-III 4 4 0 low w!~!ii MUI ItF ltft Yl M 07 lfff J.J r- W o 0 DFZ-SITE: DENTON POLICE ACADEMY mom 1 BAN 11.`f IIIlit r i+ 1 1 /,i!/~ 3 iey 'f ~IM >~v R~. \ ''i ~l, < ~~f i vI R~~~ 1~w. ~J,'-. r't 'N ~.c~:[ ~ •li ~ i Z~ •G, r~..µ'rd,•va ~ti , t ~~I r III ' ` je~bS l I Yee v p • , r c ~k a DFZ-SITE: INTERNATIONAL BUSINESS SCHOOL f r ~W* r •t, t I f r ~ ) ~ ✓ it ~ i ^Y , ~~--••--I~~I M^r• I t o i ~ 1 I. wrst +.o-~ FME f7 M, w _ y i .ra _ ~i .0 Al M S/ 1t♦~to e Ml 0 DFZ-SITE: NORTH CENTRAL TEXAS COLLEGE nla iP p■ rlr~ r l I ■ ~I~II f / ■ ■ ■ it il ■ 46 VIN Mal 1 1 'X■pi 1e Awl r~u ~ ri ` ry ? Y r ,i, w* r ,a. II I~~ I~ , d ~p 4~r h)°~ 't~ yl.. sa n E,I. S"'+, o un, ~wI ih nR ~.Jr l'tAA:l ~1: w.-.t rW~'kN v 1i w <5!l [ Oro[ .a 9'{,y'a,"'~ ! ~ ! 1 Iw { ~ tA?~'y Y y~ 00 , .m[ ~ f ixf~"+p~.i'°/ «~Td poi S.o i ~■I ~ ~ ~ 41 • t I i 1 1l. ~ o • *G I M 11 fN~ h +sa+.u ~~ti' 0 c DFZ•SITE: TEXAS WOMENS UNIVERSITY ~~~~;~I. i•L,Ump•:~ ~L It 1."..6, b -1 goo f,!!}} s, , so not" r 9 a •1y yr" +.a - ,d►~" 1 ' so rl f 1 + • i~ 1 j III R 1 T 4 . 1 f 11 H tt I 1 d: ' ~ ~1 f'~ r ~ f '~•'i'~'~ - 4CI ~~`11 dull rs, I U~.1 '!jj 4; ~ c • i ~ '777 ~ '~~I I j,~ 1 ii kl~ J M/ 1y 1N~ •,~jr• tk xrr~. d SSTY4+'.c f4`Xe'S: DFZ-SITE: UNIVERSITY OF NORTH TEXAS , i". i'~•~ti •:.i y. -fir `f ....y..• rNr ~ •lil tr:,i., I„ Q ~ rl+l~l~r~lf.~ITX"*~ ~~.Lw ~ Y ' D ~•"~4V,f r w M. wcm: •fiTrJ• ~ ■ %y!y • I 1111.1 . y~ y ~ ~ ~ ~ fL. 1111 . r i 1.1:1 ~ 1 I ~i'~•i ~ 7 ~~~'a I 1Y'~,fl t f' ^\JJu 04 ` 11' 1 i~~ Tai •r I I Cpl. 1, u v IL C I S DFZ-SITE: UNT POLICE ACADEMY Elm, NALNUT l~ ;ld NP ' 1.; nl~ I I■r• ICI EAST MUL BEOAV ~ it r~ 1'6 1 son, I it r • `S ~ ■ I, I all fi od go! M vi a w' 00- ■ w~ WPM M'. i ~ R ► i C ■ 1i 0~ I ~ ~ mow' ~ `0 C r ~ ~,r 0 WSJ c I a DFZ-SITE: DISD CENTRAL SERVICES S it - r~• i 4 j,' Ir:■ ~i1 iii „ ~ . • s -AWL nrfrm~ - Well • wen I -L'f~ _ ~..,~4 ■ -1" di 1: two I' .......Nil 4 rC-. EI . 0 on 17.7 W u 1.0 it, I lie Lon 0 k f. rl ....N ` wr a w O 0 N 17 tp~ 'r 7 a , worn" o npAvnqp DFx-SITE: DISD LEASE SITE r i /n~"''~~~icc~..~'~'iiSS~44,,..`3'Rf ~~l~C?y~lo~r'~ ~1~6d~1S'b•3"~~i' t apt ~~'P'~i~C'; l,~ V ex m N. fji ~ Yjt'¢~ P 1'tk~~4~y~~1Y'p~F~"YI~~~F*N'A#~~f 'W, X y r ~7 1 r ro' 1, 1 P' ~ I ~ r n, r i• i a, r ~y,4r Yk4 ~44rj~cN~2' ny-0 w~'/^F6Y,S ~ 'T,~iy A'Jd' - 1 rra' d'~ tic '2 tT~~pp7l`~dx Y~~s~~N',~ i.Y ~dj.i~,~~ ~4r~' ~.H✓ ~ f : IF i~ 140, ■ bE 1. le , W o~ ❑ 32 xI❑ .fn`s _ ~ ~ ; H ! ~ r I t " •,f r ~ ~ I 7..: yi • . ! DFZ-SITE: DISD PROPERTY ONE ~1 I J f-5 f r• r 9 j s A r ~S i f r } w R .tee! 9 { ryry ! u RR 1 r P e f ~ r ~ J b" L 0 r DFZ-SITE: DIED PROPERTY TWO fE f : 7 07 S a liver) i ~t'* x, t `+rsr" loll awWq r e J~jl ;j ma VJ6 N■ 11 Uf7 d c s 9 DFZ-SITE: DISD PROPERTY THREE .r . 1 . L, , P ~ T`~4 w y r 4, f r b. 7A~r I n rs7 aP: qr. /l h s ,r r v n'^ ':-v ~ F, Fi i l fI T{ H t ! ~ VA ~ 1'M I ~ f ' f A J ` 1 1 r r' Ilya kA ti dai; *i~lr zee Rib 16 I!~ w yr M• 41 1Ht 7: w ' F! terra, ___y o DFZ-SITE; DISD PROPERTY FOUR OLD AL n a ~ .4 b , Li4•~ ns', ~CRf' S, L PT4 7fi ~1.r9 L ~ M1 V.~ L g y t 4 ^ r S II I ~M I-In G C i DFZ-SITE: DHS ATHLETIC FIELD 1 • M • . • • ; A •iai • r ` •r r • ■ a lip lp on iy1■~ +1 * Mhi ra i, ~~~1 er 11,E ~~liill iL~■ ■ 1 ai • '~''ry 'j 1 ■ r M 11 IMF mall 0 O s DFZ-SITE: AVONDALE PARK i No LU CAMSPI 16 A ~ 1 p• FIEF HER t ~ ,f i • ♦ D fz'r. A~. r 'i yti n r 'i ' A r r 4 y t_ y . w,'tidMSe lo0~' aPow N 01 1N~ DFZ-SITE: BOWLING GREEN PARK 3 ('t i~ u! ;it w l lt~s ~ raw and r Y in IdAw MArM1lCLIa d U16 TOh1G GREEN' 40 MI MOSA U11 ~ 16do In s' ms~ a. 1( J o M !lIMj~ Fes', rot poll 0 I ON t 5 I- T- Lo'em 40 * 10 No! as jr fill- A14- OF L 162 0~ a 0 m■ 1 I►~rAwri ~riwr~~iti• N• 07 1~N r ` r. i r. t 1 DFZSITE: BRIARCLIFF PARK gtpw oil, jo %401610 won& ' Y r v M1 I T ~ ow ~ r ~ " r(.h A ~ r arA~,.: 'A 1 is a 5 v r 9 ~ Y ~ ~~IY No a rdM q>Sr ~ r ~~i. a r ,~+5~ 'T J S ~ A 1'4 r ~o Y Z it x ~ ! rxf.<: 1 ry`~lu 1 ~ i'1i~~f~4 r.e~~! f ilf~7a~: ~bo7 illJ 4w~ ~ ^y4 h a^'~4< Y ~ ~ ^r Fr sut:°'t v ~ T ~~+r~ °v .h~ ~~L' r rkvdik tLM > i~' r''y t ~ s {i '4 f•1,~ ~ x, R d1~ 4 4 On 'Y' y ~ l"i Yak, * 4 w°' ~ r°• ~ v•iM~„F+~rY V U 1 Q III u i IA ~ tom: v ~ 14 11 ~r. •^=ice ~1. M~LO ~ 7!N r* s DFZ-SITE: CIVIC CENTER PARK ..I y lima a r _ _ u a 11101101- L! ~v 14 V. 9v • ; z ! i l : I 5il ~ L~ lid l_ rF 2 r r f1p VMS T ION too 0A NH A qt)[ ■'i 1 ' i _ • * / ~I• n ' ! . ~ ~ - - ~ _ -ice ~ - ~1*~ • kv UL A ■ ti 1P ON I F 1 0 c~ OAK . n NFt,~~r rrlft~; PEn~1Y ' i N~ 07 1q! i u t 0 I DFZ-SITE: DENIA PARK ~,l •t. x n l 444} 4 3r w 1\ ~x t J r at c~ ~ Iyy YeJJ y° ~ ~,ti r h r ~ y9}~,t iy'fat 4ii 'JJt ~y1tt ♦R "J , I Y~c~~ t h~, `J+J r J . 'tit ~ ~'a ji S 2" ~}"S'.r•'. wk'v ' t y i r? p ' t +i v W it r r f.' ♦ 1 rw fY~1J pt e I 'a" l..aw1 W i' A t'~r '°9S ~A' IF~Y~ °i ~J~~' 1 ~ Y f • e1 n ~ S i".'t ~ . ~ it t 4 J i~r r r, .r 9 ~ ~YJ ~z a ,J pa~ 4 .r.'}h rya l' ~ ~ ' ~ i f e I _ kJ ~AH1 j A'i >t :4 Zp r 5 p. ~j~srv ¢ k JJ -,Wa .,..a.,!.r ' r':; t 4 w ~ rt rh a p~~. 1 fi, : ~ ~>r t t.''' ~ i 0 t M 07 1 100 w t, ra c I O N ` ~ ~dJ~ti~ ~tilr DFZ-SITE: EVERS PARK e000K; 0L L`$ TANGL llip l 'Y7~ I PE&q r t t ~ ~ //yyQ ~ r { k .r i 7w ! ^ f r d r. p O` U ;it J V J, i H o+ + f G r p r. ~ i 1~ i x'. MAN ~ r • ^',r v y O w v_7~ a y _..~i - .'a cryVii' ID 0 IN `fir a d 16 NORTHRID PPP in OP F mm r fr 16ii L iw L 1r .l ~r RNs .~drM-r~'.sa,n.. irr~~rrr-~. r~_rr..r~. ~.Y:: f. • - mm ' O DFt-SITE: FRED MOORE PARK uJi list As -vil A Owl r ti ~ ~ I` ~tlpll r r''",n : `til:' • ! ~ '~r .7. I rJ.:y ~ti ~ d w7 q rrY4r tk++Zr ~ m~' rNXI~ Jn "~1, 1 r L! r ,a."J r~~ r " i r J~~l 1~ r rrti L J 'a. i' n`y v 4Siar Af ~}°#i ~ ~r r~ _'G .T S e;` Y W r t~ rte y look '1 Y rt .'jy" } rr•F,`+;~T~ J ~{^N :ynw, e x I• " ~~rY `9ah T tif, s • t, . r ~ I i ytY S 1 ` LLL I a r. ■ J... Y 4 I 3 V~u~r w 'i' i ~ 1 I x kry, •Y' r" a lk t rY'C. y frr d r. r'k° r6.1 r ~ y of 1 EI f is a r i ■~1 ■ • r~ * . i~' ~ I' I 7 ~ I it ~ II O • 1 M 11, 1611111111 4Ir ho ;q'j' ti I~ ~ 14^uLtq.K , C DFZ-SITE: FUTURE PARK 'Lbb~k to I.~oo~LISKEI Raao I 7r Y tS r u lip .U 1 r .i+rj y I~. t~ L S•~'i~ ,C '`L "f 1, r Sll 0 i r v ML~ Yr t. 1~ ~ Y Y I t 1✓ F 1r 1x~ V a r w ~.r:'.. J ff~ el t 444 X Y w I J n ~ t^1 e t 1 j 1 Y 4i 3Jtft`^ ~a r 'tq P rYrs t 1 /i 1 h 'i1 I r. , ~ i yi V♦,.{ Air a„, ` t e i I r ~r 1 ♦ IVm rCw',1,E` ~S. ^.vv 1 'LS I 1 w, i ~ f ! TL+YJ~4 t^ ihC y,., r Y. 3L~,l i"t1 141. y'} Kiti ~y:~ it • s ~ f4rr vMd K T.N. 9 ~3',~.'~Qv. i k - ~ r + ' 1, 1 a ~ nY~ w~~_ ~ ' ti. FI r 7 s w f pl ti~ jy t74 f 1 2 ~ x w YINw♦I'•~ t.. v ~ fi.° r ` `vi '`li ~ L r ' f ^ 1 R ~d M''Tq lrl}ln ~ r 1 i • 'i•;,t Lr 9`~i a S . r v r ti Yt~ rt A t ~ ~ r~ ~ ~ ~ 21 ~y~:.i ~ ~ y ! x ♦ ~1 I t t {iKi F ♦1 V ` 1 'r t .,FF.~4 Pr ~ ~ ~ 1 1 ~~rrr='w ltYr try i; ~r 1 YY • . L,~.F V Jc iai~, 7 F~yl! JJ L 1 h r 1 r. ! r Ct DPZ-SITE: JOE SKILES PARK NN i RIB .,y\\\ ~ 10 t7 4 ;7< 0 44P M• 11 1909 T _ min - r~ c s s W DFZ-SITE: MACK PARK NORTH Issw■~ ■ ■ . ; ' ■ 4r Ng 7~waw■I~t■I~~ii Pli led, VA ddS t . rt, • Flo WIN _ 4 •1... h1.~L 11. ~ h ti 1 „i 'TM TS"- ~~.r.....~r~tf)FF1 RF-ett { T-i 1 lot ~ ~ 3Y ~ ~ "arl t u `Y ~ i L, e I t ~ .w YY..~~ z Y 116 _ "a O O i won". M I1 1~~~ ew, c DFZ-SITE: MACK PARK SOUTH ~ ~ I ~ I ti R , I . ~I • i1 ~ L I I ' a! ~ ~ f * I I ~ I,'~P ■O . ~ t F aI ! J . ri~ l t~ a s u,}r ~rrJt u~ r ".t ~yy 3 4 A ♦ 1 V~Y ~ I ~ r 7 r i I ~a • N. lIP. Y Y.`t r aiol, 1~ :9~ F v °kti{1 r ✓a{wfr 4+! rt 4A t 2lk , 1 .1 e.p A 1 ro ~ ~.~~1~} ~ekt~tr~Rr~l~.+R$,Yw A!,na~~arti~~,rtigt Nr~t~~~ j war 1.., F ~ .,yr A~a , ~!'.eM1 ~Y,`d o~rtil ~d, Aa?e`l w~n'~ 111 III y.1' ~ { .a1F '"~'I r 1, ~sa S ii ! f..- ,Y J 1 ~ , t ~ n M 't J ,i t ~ t :w n~ T Star Ysr~ f a 1*,d }14~J J;Y ~ y A''n }ro,~ »u~ `r r q yy ~ II ~ J ' r Sa,.. 4~yAo t! a~l, ✓~^11' r, r. .7~ ~Ni L T it fd ar ~ , s rA~. ~ tj~{n ~ ~ • I ~i,4 4 ~ „i,.~ ,'A, N'u ~ f"5.x n a F ~I 4ri 1 tVF"•'i`"ar''t` ~Y i illy rL r o'- , ' A ~1~.✓' . ri G,,;ty~.r a r+ If~~ ~l ,~r~a;,Sa wyta~~1„# i 1 III tiYY'7~~wr~1 h~iF +^~r1{..yy"~,F~~r va~'I ~Y1 v~nu{~,~ ' a4~: x.,...f f y M 11 1sn tA" i DFZ-SITE: MCKENNA PARK t R f ~ C~ 1 1 ~ l4y N. t i 1 r ICY ~ T ~ ~ • Y ~L 1 V'11 ` A / I _ T 1-4 Fd-' F! Y k3 YJ ~iYr' C~ LJrl- r-~ " A ' lit 6 1 _ rte. 1'~ me sa R f ~ ur I ■ /o idb 9 M~ 11 7q~ CY..-......r.+i..,. • _ _ ~ tan . c s DFZ-SITE: MILAM PARK f r - :5xea`u cE ` 1 = wa sty rtr I LNr 1 ` r pk r r • { •IFr ~ ll ~r`rzJ ~ e! 1f-~ 5 Ali Iti`i's It Ir 4 •w~~~ x cy t.-iT t- ~ _ "L1 / , r Pr ar i L f t ■ f c r # Y-' .a --:4 > rY -f_lA7QL~~L-k--- - - ~ a2. d > zI i 1..4_ r r "fit •':€1w . Q --le r ri ♦ r k-:l 1 P AL$ U7.Lr~K f~SV8~3TtIRr v Lg kt1F V CL7C tl ~ q1~ { O i 9ll 'b. " 5 Ir l 1 I r; • • ~ 1 T Ir FM-42 `;..J I 1 Apd111, 1007 • t ~ 4tiM~ff~ 6 S i } DFZ-SITE: NETTS SCHULTZ PARK s 46 S 40 jet; IL "4j 4 '31 41 . v a 1 igloo ~a A f' . it al a t ,J M 7f 1 0 c i DFZ-SITE: NORTH LAKES PARK i i i. I I II lip ' Z i. 1 _ 1 WIN w ! LIY_ VI + F,. ~'`~I f< Fir'\~I► i,~a ■ ris `■.1 . 00 op~ ~-,fir, . ~p ~ I 1 'ti r M, ilk's. 1 mip 1^ all ys • o 4 1 , .fem. air .^~rm Q 0 R ~~i rrU.~~ i It DFZ-SITE: OWSLEY PARK NOW dm 77 Idpw Ott all, 1111 one IT X 0 y _ 9 ~ r Imo.. W ■ ryY~ ~ ~ ~ r 7 u lm W~j PFA1i7IE e i 1 Now 12. IM r 0 o M a DFZ-SITE: PHOENIX PARK I! Y Y it\` dnr { < v ' ,y rip ~ ~ r u ~ ~ 1r 5 ar~_ L 1 ti, i V a r `i v , ~ t"~ly r x f 5 / a"' 'f r• q,►1 4 tY, 6~ pp r'Y2 vy t { u ,~.t , rv r , ~t rYT! ■ 'rgpy {R`M1._„ y af? > X •y ia~~ : ht's onY 4 r Y~?5~ rye. rti°'~ i ~ a ~ ~x & v~ v 4 c ~1' r tr t ' S i:.lA~ ~ Y r rl:r r " ~rtii5` Y'"SM~rI~nTMf +~si},4rF 73 , y ~ a r pr, t ~ .r. r .v (~.~E rT EJ'7f '~'Cc 7 r~~(;4 ~7 ~;t tt"r r~f a g~NNiti~ ~ ~ t1°rY'Tl''~r YB~r a~~'YV '1!?fir Y{{ eie d^'. eypK as ~y'iy a i f ark Jti, y.'~53 A015 q'v f'+trr'f tlt .d ti sSr''~'k•+.,{ n s~`u it:¢~V rh r iwi~ A +r 0'Q ~ r j+r n Y t r 4 £ f~i~fi • Y.. + e ~ {i,: +yr ~Jr~ r ~r~ r 4a ~ ( +f ~£~v C p7~ "rK ~i>T r? + ' .+Y'4~,"-~"a1ly~t rL.r'}ttC*.+ r~~"t A r V,l v . 1r Y y7td'{A~~`K~iS gF~yBr n a YSYeh+ r+ l:;- q ,A r r Y x f F?. aYk. a' f J .i{ ,r, i ~ ~ ~Y u r r t' M r'f ~ ~M yY ~ r', er ~ ,r, a a~f~y rf-~.~ ~ ~.C~.~,1 .y°nt y I ~r Al u{I 1 J r~~ r b 1 z 'a r~r ~J ¢l+. %'j4 r'yi rt{'~,4~ Yt'0+C x'ts.J a - ~ r ~V trr ~..Mr1 ~ t 1 ~~v ~~{r„ !7hf. w: r'.. ~~~~Y+~ ~°r ii ,;a yr r'~kf~t. r ~r~"R,y,~ p Y~~. as 4 ° • 1 i~ _ -t y t"~•.-ni ~t ~ ~`4 .:,tai 4 " f ~ 4 ~ fi : 3s;, ~ ~ c, f ~ ' r ~ y. ~ a n sell M S! 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M Ir. ll~ LIM FNr ONJ T F X V r f.* 4 J III Ol 1l01 32 mom i I DFZ-SITE: DENTON CHRISTIAN PRESCHOOL 1 , f anew 00"10 ld . N J/ own ~ R~1~ j . tea. r+--;~; ow L s, fill ON a LL// LANF c ~if~•■-I! a.■ I ~..__.~,-i 115 ~ r "VN 00 e •i1 wr ■ k f M. 11 1 ■.f {yt~ f ' o DFZ•SITE: DENTON CITY-COUNTY DAY SCHOOL Ik ~ l! ■ p ~i +'r , F r TI:'1. ~l~ 'Y~i S~}fir' , :~J~,. S4,S ~4~~~^ti a r Y{sM1rt ~1,. I b~ ✓ U'M ;,1 '~~n• «~/w "ti ti: h . v . m. a w~.,} 'Z'~r, ~"5 r .,hy, ~ , r r t~ n iii k sa.,F ~ vt y. . , y r LI , a~ f; e'1 , i S J •}I ♦ i ~ a lob ® p ~ M 11 tt~f 1 I . I ~ o n , '17~1ltQ.! , I rrali..~ DFZ-SITE: DENTON HIGH SCHOOL i i I y 4. h sf ~ ~~alr v b a ~ 'r ~ ~I I~ L . - . 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'4 , III ei _WY L- lWp S r ~ ' SSS 9 r 0 ~ ~ 0 0 M. irrr ~ YY..~.+^.•~~ ' G~ _ _ ~'Ta .A4o.~ ~ / t:.1 ~ .'7 f, ~Y,. 1.,.~~ 0 O I I DFZ-SITE: FRED MOORE LEARNING CENTER A r - . tI ~ Y" h \r ~ G~ r ~ of 4 f 'I~ ly a ~ - ~ r, i,.. •.c ICI ~ 17 d:. lit" •I-~ dig e _ T M 11 tpr A 0 DFZ-SITE: OINNINOS ELEMENTARY SCHOOL Ell ar I~ : • C AMA o E M ■ r, 9 a ` ~ IYH(Jl - r r t`AGU pppo SIERRA &A ra sod • I~.Arii`n~~~ir'~:r'~'.:_ SIERRA O f M 11 1H~ C, w' -Alm e 6allan1 c 9Y'lwj* DFZ-SITE: GREAT ADVENTURES IN !EARNING WIN GGG ~~■•N ti r I A 1w iL~ T.1 lY ' a { S} y( 1 r i u.a'~\f~~~T4A~~u~~~~c~~.~'7'03~a~'io r~~1r'✓'f /1,r~•"r~o-~'.: o ~ .k F r rl r r+ r` r A i : Y ,r~ K 1 ~ . :~,'4P n~~~i~s 4(m Y*~~ yr 'G~Ny~~ ~I; a i~ 1 Y ~ f 4 Y f J ~h~ry f~ a :p r x o- 'ir, ~yi''4iM'4a+}~y+l '1 ~ RN 1 I ~T" r+✓Jr 4+ ~ T jl` la r~~~. r~ rx' ~ a '~:h ♦ =W. ? , .j, y~~'N, Y ~bf~ ~~iq~~'yy.~IP r) Y i S`5w rY t Ilr a { !r, PI ih ~ ' Gw a y. ~ q t 4 fs~' [a 32 x L1 A ~r t) , DUZ-511".": HAMPY DAYS PRESCHOOL r 'one e~ too - I, SEE ~E AV( _1s. • 1♦ _ Ll~ IL --PE " a- , ■ . _ / _ wrsr lot ID 0 Ever Rik I I j M 11 lfff C + a...a ~ .a r M W yrs a..~ '7~ '!+'75~ i ~ ~ s 4 1 +i 8 avs m;r 0 I FDF;Z-SITE: HIDDEN OAKS LEARNING ACADEMY j I i I 1 r, ~ r n r I r' i•; ,ly In iii ! ..T ! ~'i ti.' pti[t k,!r t r+la`'v r 4~ ~~a ! r~ yb JJ ^Z " { r ~ 'l f 6 f V~^ ti .a 1 K^ W:. 7 r q~ t .N±. y!'.Y1 ~_~e^~.~ e .t ±w+ ra MW i 1 r n t ~4v'~ r 1 son r ~ w * 1 a 4, a Mfr 9 Now yy~~yn. r~ r a i.t. 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DFZ-SITE: NEW HORRIZONS DAY CARE 9 • a. . . OngI we nos it III ~ a I'' fCRUU70N ft" M Ire It 11 i-loc _ k j w I i Ilk - MARS - - --r lj I ~ . ys ~J w ~ ii-- . ROL ONE . if 71 ■ t I M '74'.~:Y 1 _ f' rCan~ PT _ O L ; di ,I: a pFCAN , t a I. w r DFZ-SITE: NORTH TEXAS CHRISTIAN ACADEMY ' qt. FIF ARC ~l _ • r lot, I ■ UnN i-EASTa, irp 7.1 . - ~ -l~ JIM ■ a r 17 S ~~~T 1:r rr.r. o ANN ~ O M. 11 t~U . .a ~r ~ r. I~ DFZ-SITE: RAYZOR ELEMENTARY SCHOOL ! , r r 6L~{f a T-r f r .111.1_ M -VP 177 Pis wriirril. i i mi ~•i■ , . r. tt tru V R"n 9 DFZ-SITE: ROBERT E LEE ELEMENTARY r t2ry,t ~r~~,' ;Ar,~'~1 r rti~ ~~'~~'1■ i, t f ` 1 4i i '~s'~n~rS'Yr nV" A lu,~,a Jr •n~~% ~G~~+{~~, ~ i' i. , a.,.. y~ 1'~W; '~'+r'~Z s'~t„yr i~+,• F1~~Li A rt~~ - flit' I 11 ~ I +p ~ Y r ~ r~; t r ry~3D', Jt .,T °Ar frr iwr.,~ I"'~, ~~r".4i i' v MI,At f , ; I ~ I r~"~~~~,~~~' L ~ • ~ ~ ~ III fff • f 0 • i M to .1101 I-J 32 " " c t DFZ-SITE: RYAN HIGH SCHOOL r Ni .M ~ t~ t7ry ' i r~A s~ w, ,~J ~ av 4 { *J'Y ,~Iy'' 3; :r r.t, 5,. `~l~mt~e~ 'L^..t"i ~ Et ~✓yk~. ' *P.4 C.r. ~ hJ r~ » lb~ q~. 7 try aYr-y i, A r~~~. ad"~. ~ ~!P ~ I 1 Vy~ R. J ; <; I l os_ a ~ ~ i r . ty r •rr fi~+"? . BLS rf n . •'1 ~P}a we 4 , lyY.n. I a i.. of t ~ f r t. a~ fir' k f Ilil ~I li All. 1!~y,►r•i9a• it GtsS WOa~+ /A / S i i C DFZ-SITE: SAM HOUSTON ELEMENTARY r 41V old I r ~ y t E ~ ~y y , 1 ~ \ I f/ rr• ~ ~ M~ i~ II yq' N ~,~r drrt .~-r, I l A i i qr ;~G I 1 r 1 rr ~ r r. ~rrY s 4a !Y . r{ r yl t r 1, if Yr,.. J r 1 ,t \ ~i fly ~ 1 ``V io 4 . ~ y f ~rY : ~i t ` r4 W{~•+vT° ~ ~ X,' « r Y ~ P a 1 rn w w a~f~(n U~, t Wv 1~{rv r M 1! 1 aatr.: rtw awe.. '1 0 r, i DFZ•SITE: SELWYN SCHOOL r dr 1• f RD } taNiaT s+u I I Y E ~ s ca Pos 1 I r r t ~I ' l i 1 \1 r r ,1 i *~"IV hl va 1 yi lA~ 1 ■ ; 1yy w r ~t,Nf ~1 { r'~ l~ .w~~. lA . I i1 1 It y' RR i , ~r ri a ryv v~: 1't. , R~ . o rv~'~1'1f t'41~t Kdl+a.L'rr~,`~r?yr'e~. ~f 1T 4 a ` ~wi •.Aarh r 1 ~i ♦ti;{sKr uj Sr vY~~^~+ {Y fir: ~ d r t~ 1,~ t v j r` >r 'd'i 3 J Y . A r r.. R +f~Q$"zr ~ ~+hv!r}~l". ._f^ ~ 4` r~r nd y~+,ry G; I r ~ ail ~ ~I i f i t-,. I, l ' 4I i FI 14, L 4 b F ~ f v i tr ~ n Y ` ~ ' {o I/ ~ Crew rt1~ ~ ;ti9~'J•o~ r`H i~~r {+ri ~tr U ~e'trw.yn: l e 4y ,v'. rv 1 1'.~a x~ i t,!tb ~ t ~l a'~ J Ti v Ar•. i;l' dr iry~rv .~i h4 r,~~ ~j ~,vru"°~ ~ ~L5 k c~♦~.j ° a, 1 R M a~y}r rd{r.. nypa d,a"J~ Ufa 1 i+w d4w +r rJ rG.~',t~9 tnY x.J l4 eudi~:? ~q try ~i i r t r yt A rr r y C: a,3 ~ hx~' R ~ i YY}v~' {"~j~p ~ Y`yrt• . ~iJ,K ~ R i~ 41 ~,i~ ~ + Y + ' 4' T , 4 r r L' ~ ar Fyx ~t M ,Q , i 4A i A ' ~ . r v i.re i9 r j r 3 r rh ..tvv wr 1 t,r'' .t l Syr ~d'f ul R+ t A v~ v Y fir. UA' A A AMT '51 v iltl',~ r^ +L r r M iTi o 0 y, tt w~ ~4kri'~ 4~l,gtk~,r v ..?x'~k'ulTlfddh•S.X~1tL~s~444 ~'.tvi~ ~ri 2}~'i ~"~~T+e ~tRC~'e k/d~aa:rr.'f1Yr iu`L'.F~~,Ni. M4 on 1Ogg 1 , T'Ti~F?- rrv, c: DFZ-SITE. SPRIN080K ACADEMY t~ ~ I •I . • ' I W,'1 III jj 1 . I if . r 1 n dly ■ - ! 1 Emu AII • m y 8 ■r _ 1 left t4i L r.+i 1.1 1 Y k I I&C Y ■ /0 ' S ~ ! II r' ~ ~ ~r~ ` ~ •r~'~~' it t Mr ! f All c DFZ-SITE: STRICKLAND MIDDLE SCHOOL JII9, `..r ~ Q1 R~P.OR wool ~ s m 11111411111 ~M ■ ;'I ■ TR ■ ■ "b z FN fin It I pIfA Ii cam ; fib ame z UI■■■ ATEAU COURT TT~ s y t' r i 3 I'" give - ~ _ ■ a ~ SUNRISE COVE J a ' r Yy.•.'.IH•G.r`W i 4 c I I C DFZ-SITE: SULLIVAN KELLER 3 y 1 n I' I II iI f EII i ■ ■f ~ ate; II ■ ■ i z MAY Sin i ~e Ya'~u I. I PA15LEf - - ! l ir AL l T ~ M 'w ■ a. ! .r i _ Nk, MAN --_._..I T i • X- w I --mil 1. a Igo ■ ■■E~■ 1 OAK if■■IMyR N■■■ 1r o f 0 1 M~ It Lff Q c MONO DFZ-SITE: TENDER LOVING CARE l Q 1~4 all I SCRIPru I Is ~ _ ~ 11 I i • ryk! ■ ■ .,N fill 7 - srJ-OAir'" oil - i I Y,. f A f low 0 0 Y f o 0 a L i` f ■ i M 72 Uq M t 1 t .'It y~ n.~ M1 v r I MOW A C DFZ-SITE: THOMAS RIVERA ELEMENTARY " r . I.i. 14 ar y ~ 1.:Y ♦A GI t.I J r l ~ ~ l: t L a 1. i x l r ♦r I S I :a 1` r tl: ~ ~ „ ~ n r y v i t ~ 2 ~ ~ ~ L~ t " a~ r I I yf~W 1 u f ti tr 1~ c i~ ~5. ..-i • A~" C w.+ ~}.~f~ ~Y 2`F L Ya 1 V'. ~'~l~. ,.I, ` 4:,~ . r "S~Fat,_ ~r 4 k r""~f;1r.'.,j Y ,Nirt .uil C 'a.i a 6 'S♦''r". v. it Y ! Y !h 14"~~~ • Y. R ~ it ~ ~ ~ 't.~ • :r ti Ste; -rr » I Y ! x^t I f r ■ T "I` Y ! L +n' ~ 4, Yi i f. ~YV 1YIA Ij'.~ti~rP) ~ rr 1 A,q ~ ~ Rar ~~I ~S~ 1 j I i I M 12, 1008 1 : r- ~.1 3 2 o DFZ-SITE: WOODROW WILSON ELEMENTARY HCAfHER 49 M S Y' z r. n 41 ~ Pv*. nr s ~ ' f ~ ti'~ V-t ~ .y j^~ Cam. r~~ xV t ♦ tw.:y4 F ~ P iv yr P A~ i~~~~V ~~Y ra f r.•r•~c I~ y 1rl ' i rr y 1 v Yy ♦ A , r F ti ~ ♦ y~. 'R a . • 4 i i L' y ,1 y~r Y~ ~,M ^ ..Y C L k IF 1 ti A h ~ 1. w r ,r, i wlLLI4MS3 al, so im"No ]rim S~ OD o Ci 1 ~ ~ a e to A ' b DFZ-SITE: YOUNG SCHOLLARS ACADEMY 1 AlN• L Q , so ~w cv ~ ~ G a a a t n l 7 , ~ 1. i;~ i a.. ♦~K ~ \ Y .y r M 14. 1009 ~'-r-! ~i eeaA+.•rsi :S'WV DFZ-SITE: POCKET CHANGE 1 p4a1 8~"L s~ d F 9 Z i'n 11 ^,(m,4 21 ,p s A° ' '1 IS ,ri 1 ! r+ a~ '2 i i~ S >r( (,P F T Irfi 3. .s~ F '~i! ICJ 7~1 eli~ x'11 W~~~ 'h o A 4 T vc ny ( L:2 a~~""yy } 1~~4~ yy~i5i'M}~p' -0I~d.t4z 4 4 A M 1I 1~~~ 32 y~~ o Mum I Agenda No _ Agenda Item AGENDA INFORMATION SHEET Date AGENDA DATE: June 2,11"8 DEPARTMENT: Parks and Recreation Department ACM: Michael W. Jez, Assistant City Manager of Operations' 2 B E T• An ordinance for the City of Denton, Texas, adopting Standard of Care for a recreadon program entitled Denton Middle School Program pursuant to Texas Human Resources Code Section 42.041 (b) (14); and providing an effective date. BACKGROUND: As a result of the establishment of a cooperative middle school program with the Denton Independent School District (DISD) this fall, operation and management standards are required. Because this program is not a "day care" program, it does not fall under the minimum standards established by the'rexas Department of Regulatory and Protective Services, However, standards are needed because the program will operate for children under the age of 13. The proposed Standards of Care were developed in cooperation with DISD and address all requirements of Section 42.041 (b) (14), Human Resource Code. 1 An amendment to Section 42.041 (b) (14), Human Resource Code was approved by the Texas t I Legislature during the 74ei Legislative Session. Based on that legislation, municipal youth recreation programs can be exempted from the state's licensing requirements if the cities comply with the provisions of this amendment. Section 42.041(b) (14), Human Resources Code T -14 I An elementary-age (ages 5.13) recreation program operated by municipality provided the * governing body of the municipality annually adopts standard of care by ordinance after a public hearing for such programs, that such standards are provided to the parents of each program Q purticipant, and tha' the ordinance shall include a minimum, staffing ratios, minimum staff quulifrcarionr, minimum facility, health and safety standards, and mechanisms for monitoring 1 and enforcing the adopted local standards; and further provided that parents be informed that the program is not licensed by the state and the program may not be advertised as a daycare t y iacility. • ~ Q Q Page 1 v x 25 10 32XIO Y I 'WARM • i The Standards are intended to be minimum standards by which the Denton Parks and Recreation and Denton Independent School District (DISD) Middle School Program will operate, Although the above section describes the participants as "elementary age", there will be middle school students falling within the age guideline of "ages 5-13". The Director of Parks and Recreation will make an annual report to City Council on the overall status of the Middle School Program and their operation relative to compliance with the adopted Standards of Care. q On an annual basis, the Standards will be reviewed and revised accordingly. In accordance with legislation, the Standards and Ordinance must be submitted to the City Council on an annual basis, for adoption. In response, Denton Parks and Recreation and DISD will evaluate the program and make any revisions necessary and submit the Ordinance for Park Board and City Council consideration. PRIOR ACTION/REVIEW (Council. Boards. Commissions) '1 4 ,j The Denton Independent School District recommended approval of the Standards of Care at their April 28, 1998, School Board meeting. FISCAL INFORMATION All costs for developing, implementing, and evaluating the Standards of Care are recovered by the program's fees. , EXHIBITS L Ordinance 2. Standards of Care RESPECTFULLY SUBMITTED: ' w + Ed Hodney, Director Parks and Recreation Department i~ Pr d b y • Jan Simpson, Su ntendenl O • 1 Parks and Recreatio Department I . :4 Page 2 s s h.r I /ry]' 32X L'►J w o Ong 0 WAMNSM Attachment A ORDINANCE NO. AN ORDINANCE OF TEE CITY OF DENTON, TEXAS, ADOPTING STANDARD OF CARE FOR A RECREATION PROGRAM ENTITLED DEN70N MIDDLE SCHOOL PROGRAM PURSUAN f TO TEXAS HUMAN RESOURCES CODE SECTION 42.041(b) (14); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas recognizes that many children of school age need an organized program for recreational activities after the end of the school day and for other non- school days; and WHEREAS, the City of Denton, Texas through its Park and Recreation Department proposes to operate a recreational program entitled the Denton Middle School Program for children of middle school age to be operated at the middle schools of the Denton b9opertdent School District; and WHEREAS, the City of Denton, Texas needs to adopt Standards of Care for this recreational program so licensing as a day care facility will not be necessary; and WHEREAS, the City of Denton, Texas with the cooperr-tion and input from the Denton Independent School District has formulated a Standard of Care that at a minimum includes staffing ratios, minimum staff, qualifications, minimum facility, health and safety standards, and mechanisms for monitoring and enforcing the local standards; and further provides for notifying parents that the program is not licensed by the state and that the program may not be advertised as a day care facility; and WHEREAS, after the adoption of the standard of care, the City will then formalize an agreement with the Denton Independent School District to facilitate the Denton Middle Sebool Program; NOW, THEREFORE _ THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council, City of Denton, Texas adopts the Standard of Care for the Denton Middle School Program which is attached as Exhibit "A" and incorporated herein by • reference as if written word for word pursuant to Section 42.041 (b) (14), Texas Human Resources Code. SECTION It, That this ordinance shall become effective immediately upon its passage and approval • PASSED AND APPROVED this the day of 1998. O • ` y f JACK MILLER, MAYOR Page 3 ``r ?_5 K p~ 3~x~❑ 1 :1rY1!'J I , i ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: I HERBERT L. PROUTY, CITY ATTORNEY I~ I j 1 ~ Y 1 i i F!sF vc4&)K LGLOur tkKV menuQdmanrn' 98'l"w MA& kW Pxw3m ,undnd of ure doe 1 Page 4 x"~ 2r Y, 32x. a i ,mnscr I, O I A-YAW WY i i i I i Exhibit A i Attachment B j Denton Middle School Program Standards of Care i The following Standards of Care are seeking adoption by the City Council of Denton, Texas to comply with the amendment to Section 42,041 (b) (14), Human Resources Code as approved by the Texas Legislature during the 74`" legislative session. Section 42.041 (b) (14), ffuman Resources Code An elementary-age (ages 5-13) recreation program operated by municipality provided the governing body of the municipality annually adopts standard of care by ordinance after a public hearing for such programs, that such standards are provided to the parents of each program participant, and that the ordinance shall include a minimum, staffing ratios, minimum staff qualifications, minimum faciuty, health and safety' standards, and mechanisms for monitoring and enforcing the adopted local standards; and further provided that parents be informed that the program is not licensed by the stale and the program may not be advertised as a day-care f rcility. The Standards of Care are intended to be minimum standards by which Denton Parks and Recreation nd DISD will operate the Middle School Program. The program operated by the City and DISD is recreational and educational in nature and not a day-care program. General Administration 1. Definl0ins A. City-City of Denton a B. Cit) Council-City Council of the City of Denton C. Department-Denton Parks and Recreation Department D. DISD-Donlon Independent School District E. DISD School Board-School Board of Denton Independent School District F. Division-Community Educa':on C. Aliddle School Program-Denton Parks and Recreation and DISD's program operating at the middle school after school and other non-school day programs which last one week (S days) or longer for middle school students. H. Program Manual-Notebook of policies, procedures, required forms, and organizational and programming information relevant to the Middle School • t Program. I 1. Director-Denton Parks and Recreation Department Director or his/her designee Page 5 T I y, WNW - s 0 r~rrsa~ I i J. Leisure Services Manager-Denson Parks and Recreation manager of designated 1 leisure services area. K, Program Supervisor-Denton Parks and Recreation staff who has been assigned supervisory responsibility for the Middle Schoot Program. L. Program Coordinator or Coor,'iortor-Denton Parks and Recreation Departs,mt staff who has been assigned administrative responsibility for the Middle School Program. M. Program Leader/Site Leader-Denton Parks and Recreation Department part- time staff, seaso,:al staff, or volunteers who has been assigned responsibility to implement the Middle School Program N. Program Site/Area-Area or facilities where the Denton Parks and Recreation and DISD's Middle School Program are held. 0. Enrichment Staff•DISD full-time, part-time, seas al staff, or volunteers who have been assigned responsibility to implement enrichment programs for the Middle School Program. P. All Leaders-Program leaders, enrichment leaders, and volunteers who have been assigned responsibility to implement the Middle School Program. Q. Participant-A youth whose parent(s) or guardian(s) have completed all required registration procedures for the Middle School Program. R. Parent(s)-This term will be used to represcnt one or both parent(s) or guardian(s) who have legal custody and authority to enroll their child(ren) in the Middle School Program, 2. Organization A, The govcming body of the Middle School Program is the Denton City Council. B. dmplcmcntation of the A4iddle School Program Standards of Care is the responsibility of the Denton Parks and Recreation staff and DiSD stair. C. These Standards of Care will apply to the Middle School Program, . D. Each Program Site will have a cur*ent copy of the Standards of Care available for public and staff. Page 6 j '1{~ Try x I l.J 3'2 X' W M a~ e E. Parents of Participants will be provided a current copy of the Standards of Care prior to the start of the Middle School Program, preferably during the registration process. 1 (l) Criminal background checks will be conducted on prospective staff. No person with conviction or who is under indictment for, or is the subject of an official criminal complaint alleging violation of any of the crimes listed in the Texas Department of Protective and Regulatory Services's Day- Care Center Minimum Standards and Guidelines Appendix 11 or a felony violation of the Texas Controlled Substance Act maybe present while children are in care. 1, Inspectionlbloaitoriog/Enforcement A. The Coordinator of each Middle School Program to confirm compliance with the Standards of Care will initiate a monthly inspection report. (l) Inspection reports will be sent to the Program Supervisor for review and kept on record for at least two years. (2) The Program Supervisor will review the report and establish deadlines and criteria for compliance with the Standards of Care. B. The Leisure Services Manager will make visual inspections of the Middle School Program based on the following schedule. (1) Each Middle School program site will be inspected bi-monthly. This may be scheduled or unscheduled. (2) The other non-school day Middle School Programs will be inspected once during the school break. C. Complaints regarding enforcement of the Standards of Care will be directed to the Coordinator. The Coordinator will be rebponsible for taking the necessary steps to resolve the problems. The Coordinator will record complaints regarding i , enforcement of the Standards of Care and their resolution. The Program Supervisor will address serious complaints regarding enforcement of the Standards of Care and the complaints and the resolution will be noted. the Leisure Services Manger and Director will be notified if the problem continues. D. The Director will make an annual report to the City Council on the overall status of the Middle School Program and the operation relative to compliance with the 0 0 adopted Standards of Care. 4. Enrollment Page 7 25 0 ~ i y O A. Before a child can become a Middle Schooi Program participant, the parents must sign a registration form that contains the participant's; r (1) Name, address, and home telephone number, (2) In Case of Emergency contact names and telephone numbers, (3) The names of people to whom the participant can be released, (4) A statement of the child's special problems and/or needs. (5) Authorization to administer medication, if necessary, (6) Emergency medical authorization, doctor's name, telephone number, and (7) A liability waiver. S. Suspected Abuse A. Program Staff will report suspected child abuse in accordance with the Texas Family code, telephone number, (840) 252.5400. B, Program Staff will receive basic training related to child abuse prevention and how to report suspected ab.se. Staffing•Rasponsibilitles and Training 6. Program Coordinator Qualifications A. Coordinators will be staff ofthe Denton Parks and Recreation Department and will be required to have all Program Leader qualifications as outlined in Section 8 of this document. B. Coordinators must be at least 21 years old. C. Coordinators should possess the following combination of experience and training: i (l) One year experience in coordinating, planning, or instructing recreation or ' educational program and events. (2) Two years of college from an accredited institution with coursework in Rec real ion(Lei sure, Park and Recreation Management, Qi'vsical 0 t Education, or a closely related field j Page 8 i % 25 x 10 32xI❑ F 1 i D. Coordinators must be able to pass a background check including a test for illegal substance and drivers license check. E. Coordinators must have successfully completed a course in first aid and Cardio Pulmonary Resuscitation (CPR) based on American Hear, Association, American Red Cross or National Safety Council Standards and have current certification, or complete certification within one month of hire date, F. Coordinators must be able to furnish proof of a clear tuberculosis test taken within 12 months prior to their employment date. G. Coordinators must take a tuberculosis test every two years from their employment E date and provide proof of a clear tuberculosis test, 7. Coordinator Responsibilities A. Coordinators are responsible for administering the Middle School Program's daily operations in compliance with the adopted Standards of Care, B. Coordinators are responsible for recommending for hiring, supervising, and evaluating Leaders, C. Coordinators are responsible for planning, implementing, and evaluating the Middle School Program. 8. Program Leader (Leader) Qualifications A. Site Leaders will be part-time, temporary employees of Denton Parks and Recreation or volunteers. Enrichment Leaders will be part-time, temporary employees of DISD. B. Leaders working w'th Participants must be age 19 or older. C. All Leaders should be able to consistently exhibit competency, good judgement and self-control when working with Participants. • D. Leaders must relate to Participants with courtesy, respect, tolerance and patience. E. Leaders should have current certification in first aid and CPR based on American Heart Association, American Red Cross or National Safety Council Standards, or ' complete certification within one month of hire dale, • • F. Each leader applicant must be able to famish proof of a clear tuberculosis test that ` i was completed within the 12 months prior to his or her employment date. Page 9 25 K 10 32JO f s o G. All leaders must pass a background investigation including a test for illegal substances and driver's license check, H. Site Leaders must take a tuberculosis test ever two years from their employment date and provide proof of a clear tuberculosis test, 9. Leader Responsibilities A. Leaders will be responsible for providing Participants with an environment in which they can feel safe, enjoy wholesome educational and recreational activities and participate in appropriate social opportunities with their peers. B. Leaders will be responsible to know and adhere to all City, Departmental, DISD, and the Middle School Program standards, policies, and procedures that apply to the Middle School Program. C. Leaders must ensure that Participants are released only to a Parent or an adult designated by the Parenl• All Program Sites will have a copy of the Department guidelines to verify the identity of a person authorized to pick up a Participant if that Leader does not know that person. 10, Training/Orientation ` A. The Department is responsible to provide training and orientation to the Middle School Program staff in working with Participants and for specific job responsibilities. Coordinators will provide each Leader with a Program Manual B. Leaders must be familiar with the Standards of Care for the Middle School Program as adopted by the City Council. C. Program Staff must be familiar with the Middle School Program policies, including discipline, guidance and release of Participants as outlined in the Program Manual D. Program Staff will be trained in appropriate procedures to handle emergencies. E. Program Staff will be trained in areas including City, Department, DISD, and Middle School Program policies and procedures, recreation activity organization, safety issue,, program organization, and other areas as required by the Middle School Program. F. Program Staff ;+ill be required to sign an acknowledgement that they have received the required training, f Operatloos I ' JVL Page 10 ?y K 32XIO o ISOM 1 11. Staff-Participant Ratio A. In the Middle School Program, the standard ratio of Participants to Staff is 20 to 1. In the event a Leader is unable to report to the Program Site, the Coordinator ' will assign a replacement. At the current time, we are not able to provide 1 on 1 supervision. However, if a parent feels it participant needs more direct supervision, they may call the office. B. Each Participant will have a Program Staff who is responsible for him or her and who is aware of details of the Participant's habits, interests and any special problems as identified by the Participant's Parents during the registration process. 12. Discipline A. Program Staff will implement discipline and guidance in a consistent manner based on the best interests of the Participants. B. There will be no cruel treatment or harsh punishment C. Program Staff will use brief, supervised, separation (personal attitude break) from the group if necessary. D. As necessary, Program Staff will initiate incident and/or discipline reports to the Parent(s) of Participants. Parents will be asked to sign Participant discipline reports to indicate they have been advised about specific problems or incidents. E. Three discipline reports will result in a three-day suspension from the Middle School Program. A fourth discipline report will result in removal from the program. The Program Supervisor does reserve the right to deem any situation as reason for immediate suspc,.• ion or removal from the program. If a right occurs, Program Staff does reserve th - right to call the police and the police will notify the Participant's Parent(s) of the situation. F, Participants will be removed from the Program Site as soon as possible in instances of danger to other Participants, self, facilities, or Staff. 13. Programming t A. Program Staff will provide cultural, educational, and recreational program for each group of Participants according to their ages, interests, and abilities, The j activities will be appropriate to Participant's health, safety, and well being, The activities also will be flexible and promote the Participant's emotional, social, and mental growth, 1D B, Program Staff will attempt to provide indoor and outdoor time periods to include, I (t) Alternating active and passive activities, Page 11 K 32 i .gyp (2) Opportunity for individual, small and large group activities, (3) Outdoor time each day as weather permits based on room availability and weather conditions, and (4) Enrichment classes. C. All Staff will be attentive and considerate of the Participant's safely on field trips and during any transportation provided by the Middle School Program. (1) During field trips, Program Staff will have authorization for emergency medical care and emergency contact information for each Participant. (2) All Staff will have a written list of the Participants in the group and must check the roll frequently, specifically before departure to and from destination. (3) All Staffwill have first aid supplies available on field trips. (4) The Participant to Staff ratio during field trips is 13 to 1. 14. Communication Each remote Program Site will have a pager to be contacted by Staff. Each Program Staffwill have access to a telephone for use in contacting Staff or making emergency 4 telephone calls. A. At each Program Site the following telephone numbers will be posted adjacent to a telephone accessible to all Program Staff: (1) Ambulance or emergency medical scivices (2) Police Department 0 (3) Fire Department f (4) Program Supervisor and Administrative Office (S) Telephone numbers and address for the Program Site itself (6) Telephone number of Coord;natot's Office 15. Transportation Page 12 - er 014 X I Li Y ISFUMW A. Enrolling in the program includes permission to transport participants for field trips. B. First aid supplies will be available in all Middle School Program vehicles that " transport Participants. G C. All vehicles weed for transporting Participants will have a portable fire extinguisher installed. D. Seatbelts will be worn if provided. E. Participants will be oriented to expected behavior and safety rules. F. A sign will be posted three days prior to any field trip so parents are aware of the trip. Facility Standards 16. Safety A. Program Staff will inspect Program Sites daily for sanitation and safety concerns - that might affect the health and safety of the Participants, This checklist will be turned in weekly and kept on file by the Coordinator. B. A monthly building and grounds inspection will be completed by Program Staff. C. Program Site equipment and supplies will be safe for the Participants use. D. Program Staff will have first aid supplies available at each Program Site in a designated location, during transportation, and for the duration of any off Site activity. Program Staff will have an immediate access to a guide for first aid and cmergem,;y care, E. Program Site air conditioners, electric fans, and heaters will have safeguards that keep Participants from being injured. F. All Program Site areas will comply with ADA rules and regulations. 17. Fire A. In case of fire, danger of fire, explosion or other emergency, Program Staff first priority is to evacuate the Participants to a pre-designated safe area. 1 B, The Program Site will have an annual fire inspection by the local Fire Marshall, and the resulting report will detail any safety concerns observed. The report will t II Pane )3 .',fAd1+1 1, a' ry x 10 titL x V O 0 o a~ be forwarded to the Program Supervisor who will review it and establish the deadline and criteria for compliance. C. Each Program Site will have at least one fire extinguisher approved by the Fire ' Marshall readily available to all Program Staff. The fire extinguisher will be inspected monthly by the Program Staff, and a monthly report will be forwarded to the Program Supervisor who will keep the report on file for a minimum of two , years. D. Fire drills will be initiated by Program Staff based on the following schedule. (I) Middle School Program-Once every three month, 18. Health , i A, Illness or Injury f (l) A participant who is considered to be a health or safety concern to other Participants or Staff will not be admitted to the Middle School Program. (2) Illnesses and injuries will be handled in a marwer to protect the health of all Participants and Staff. (3) Program Staff will follow emergency procedures for injured Participants or Participants with symptoms of an acute illness as specified in the Program Manual. (4) Program Staff will follow the recommendation of the Texas Department of Health concerning the admission or readmission of a Participant after communicable disease. B. Program Staff has the option to administer medication. If the Program Staff exercises this option, they will administer medication only if., (1) Parent(s) complete and sign a medication form that provides authorization for Staff to dispense medication with details as to times and dosages. This • authorization is included on the registration form. (2) Prescription medications are in the original containers labeled with the Participant's name, a date, directions and physician's nanie, Program Staff will administer the medication only as stated on the label. Program Staff will not administer medication after the expiration date. • Q • (3) Non-prescription medications are labeled with the Participant's name and t the date the medication was brought to the Middle School Program, Non- prescription medication must be in the original container. The Program Staff will administer medication only according to label directions Page 14 25„ 10 32x10 r r I t e f ~ tl y I (4) Program Staff will ensure medications are inaccessible to Participants. If necessary, medications will be kept in the refrigerator (when available). Medications will be kept separate from the food. C. Toilet Facilities (1) The Program Site will have toilets located and equippod so Participants can use them independently and Program Staff can monitor as needed. t i 1 (2) There will be one toilet for every 30 Participants. Urinals may be counted t in the ratio of toilets to Participants, but will not exceed 5016 of the total number of toilets. (3) An adequate number of lavatories will be provided. r` Y I D. Sanitation (1) The indoor site for the Middle School Program must have adequate light, ventilation, air conditioning and heat. ' (2) The Program Site will have an adequate supply of water meeting the Texas Department of Health standards of drinking water. Water will be supplied to Participants in a safe and sanitary manner. Y, O 3 All waste matters will be kept in a leakProof, covered container. i i 19. Participant Eligibility ' i A. Participants must be a D1SD piddle school stud.ot, who is currently enrolled in the school. Br pni,icipants must be independent in toilcting. x ij r~ C. Participants must comply with site rules. c , i } i f a Pago 15 a~F 1 , 10 a3~ X10 • I masea Denton Middle School Program Standards of Care Back ot.nd This ordinance is in accordance with an amendment to Section 42.041 (b) (14), Human Resources Code as approved by the Texas Legislature during the 70 Legislative Session. Based on that legislation, municipal youth recreation programs can be exempted from the state's , licensing requirement if the cities comply with the provisions of that legislation, which amends the Human Resource Code. Section 42.041(b) (14), Human Resources Code An elementary-age (ages 5-13) recreation program operated by mum icipalhYpro ✓lded the governing body of the municipality annually adopts standard of care by ordinance after a public hearing for such programs, that such standards are provided to the parents of each program participart, and that the ordinance shall include a minimum, staffing ratios, minimum staff qualifications, minimum facility, health and safety standards, and mechanismsfor monitoring and i nforcing the adopted local standards; and further provided that parents be informed that the program is not licensed by the stare and the program may not be advertised as a day-care facility. The Standards are intended to be minimum standards by which the Denton Parks and Recreation and Denton Independent School District (DISD) Middle School Program will operate. Although the above section describes the participants as "elementary age", there will be middle school students falling within the age guideline of "ages 5-13". In accordance, the Director of Parks and Recreation will make an annual report to City Council on the overall status of the Viddle School t Program and their operation relative to compliance with the adopted Standards of Care. On an annual basis, the Standards will be reviewed and revised accordingly. In accordance with legislation, the Standards and Ordinance must be submitted to the City Council on an annual basis, for adoption. In response, Denton Parks and Recreation and DISD will evaluate the program and make any revisions necessary and submit the Ordinance for Park Board and City 5 Council consideration. I' i 4^ J. re a ,ti' r : 1 ''i.' 4,~., . PAGE 16 t 2l X 10 32X111 ` 0 '2 I Agtnda No agenda Ite//m__ _ AGENDA INFORMATION SHEET Date-Y/ " AGENDA DATE: Junc 2, 1993 DEPARTMENT: Police f ACNI: Michael W. Jer, 349-7926 / SUBJECT An Ordinance authorizing the City Manager to etceute a lease agreement with the Denton Independent School District for the lease of two VOILable buildings for a community police oflicc: and providing for an effective date 1l BACKGROUND In 1992, the Weslside Community Office was established in the Owsley Addition at 2511 Charlotte, ,Apartment # I, a one bedroom apartment. In response to a neca_ assessment done in thi, area, di(lcrent social service organizations have been putting on programs in this area ra,iging from youth programs, afierschool tutoring, adult educal"n and job skills classes. GED classes and English as a Second Language. This facility no longer fulfills the needs of the community and a new location was sought. In M', the City of Denton ulih/cd Community Block Cdant funding to purchase property at the corner of South Bonnie Brae and Charlot:c to build a Police Community 001ce. An effort has been made to secure funds for a ptrmam.-it buildigg at that location through gran, requests to a variety of foundations. This linvess ha: been unsuccessful. In 1996. O, f. Greg Hedges contacted Denton IS17 ;,;Pout the use of portable buildint- since most of the programs were educational in nature. The School District had two buildings that would probably be available in 1997. In Octobcr 1997, the Superintendent of Schools. Dr, Albert Thomas, presented a proposal to the School Board to lease the two portable buildings to the City of Denton for use as a community office and activity center. The lease ton-rim ould be ninety-nine years at a total cost of one dollar. The City Anomej's office subs;quently prepared an interlocal cooperative agreement that was appro%ed by the School Board and signed by Dr. Thomas on October 14, 1997, In January 1995, the original office site became unavailable and the Community Office was relocated to 2413 Stella. However, the space available at the new site is being • educed June 1, 1993 and new accomodations will have to be found, The approval of this ordinance will provide additional space and a permanent site for the Corr,,nuniiy Office w hi, + will signi,tcantly improve the Community Policing efforts in the O,vsl y Adaidon. 1 _I 10 32XIO MR MILALM u , i , I PRIOR ACTICIN/ K1MV- I In 1994, the City Council approved the purcha.a of the land at Bonnie Brae and Charlotte for the purpose of constructing a Police Community Office and Activity Center. FISCAL Il11PACT Approval ortF.is Ordii nce provides fora ninety-nine year lease at a total cost of one dollar (31,1)(1). Cxpersas to mote and setup the buildings areas follows: Moons the Buildings 55,600 Water and SQwar Nlclcr:; 2,500 Utiltitias conoe:tion fre-n meter 2,000 Furkiog LcI parrg 7,800 Sidc,;aiks 3,200 00 RcnnidT1 FB i ings _ I,5 Total 15,600 Tbc following donrtions have urn received for this project: CB'. Mechanical 52,500 Alv i Owslcy F's-,undation 5,000 Judi: Darlcne 44'hitten 500 Sor),tomistC'lub 500 Lulri Brock 500 k'arpara C'cdcman 20 i~~tnl 8,520 s P]at cc 26 ILL Total Cash on [land 8,494 Project Cost 526,600 Less Cash on Hand (8,494) Less C'UBO Sidecsald (3,200) I~c~s Otlur_bonatio~r v,_ I4,SQQ} k Funding Needed 10,406 1'}rc buildings will be moved and set up, but not (operationalized until the additional • 510,406 or in-kind contributions have been located. J~O I he annual cost of utilities for the two buildings, calculated at S2.41 per square foot is approximately S4,OS& Z - - ~ fi -2 is-) x ID 32XIO 4, 1 C f rirI . • .t Respectfully submittec. r V is ac . J Assistant Cit h1 a er/ erations M Prepared by: $01. Gt~ Hedgls , Westside Area Coordinator I n .A i ~ r l I I1 J P. 3 I ' 1 r O h t. i ' t I ORDINAN'CENO. _ Y AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE DENTON MA EPENDENT SCHOOL DISTRICT FOR THE LEASE OF TWO PORTABLE BUILDINGS FOR A COMMUNITY POLICE OFFICE; AND PROVIDING AN EFFECTIVE DATE. t WHEREAS, the City deems it in the public interest to enter into a lease with the Denton Independent School District ("DISD") of two 24' x 36' portable buildings to provide a commu- 1 nity office for community policing activities until such time as a permartei,t facility can be con- structed; NOW, THEREFORE, T; IE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Manager it hereby authorized to enter into a lease with the DISD for the lease of two 24' x 36' portable buildings to be utilized for community policing, in sub5larntiaily the form of the attached lease which is made a part of this ordinance for all pur- poses. i( SECTION Il. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1997 JACK MILLER, MAYOR s r ATTEST: ` JENNIFER WALTERS, C11 Y SECRETARY t . i BY: ! y I~~1 APPROVED AS TO LEGAI FORM; • HERBERT L. PROUTY, CITY ATTORNEY , O • BY 14,.,dd.prL(WDO .-0tP1... PW ble A 6. i .1 ( - - :.t.1erja'~~1.`i"f'.It a a+,~ ~J, ~32 X10 r • ter.. t acrersa i h I STATE OF TEXAS § § INTERLOCAL COOPERATION AGREEMENT COUNTY OF DENTON § This Agreement made and entered into by and between the City of Denton, Texas, a Texas home-rule municipal corporation and a political subdivision of the State of Texas, acting herein by and through its City Manager, duly authorized to execute this Agreement (hereinafter referred to as "Lessee") and the Denton Independent School District, an ir0ependent school dis- trict organized and existing pursuant to the laws of the State of Texas and a political subdivision of the State of Texas, acting by an6 through its Superintendent of Schools, duly authorized to execute this Agreement (hereinafter referred to as "Lessor'). WHEREAS, the Lessor is the owner of certain personal property generally described as portable buildings, and such property is not required for the current needs of Lessor for cduca- tional purpuses; and WHEREAS, Lessor and Lessee are both local governments with the authority and power to contract; and l WHERE tS, both Lessor and Lessee mutually d.,sire to contract under the provisions of Texas Government Code chapter 791, the Interlocal Cooperation Act, and contract pursuant thereto; and WHEREAS, both parties have the authority to perform the services set forth in this Agreement individually in accoruance with TEX. GOVT CODE §791,071(c); and WHEREAS, the Lessee will make ali payments for the lease set forth herein out of avail- able current revenues and Lessor agrees that the payment made by Lessee hereunder, in view of the joint Use Agreements between the parties, will fairly compensate it for the services per- formed; and ` WHEREAS, the Lessee , desirous of leasing the personal property from the Lessor in order to fulfill current needs of Lessee; NOW, THEREFORE, f Lessor, whose principal office is situated at 1307 North Locust, Denton, Texas, leases to the Lessee, whose municipal offices are situated at 215 East McKinney, Denton, Texas, and Les- see leases from Lessor, the following personal property: Two (2), 24' x 36' single portable buildings, hereinafter referred to as the property. SECTION ONE O • TERM OF LEASE The term of this lease shall be ninety-nine (99) years, commencing on October 14, 19707, and terminating on October 15, 2096, or until the Lessee has no more use for the portable build- ings, unless otherwise tenninated as provided in this Agreement. S i 'f , It l~iiWA.". x 25 K I0 32x10 LMLNMK I 0 1 , SECTION TWO PAYMENT OF RENT In consideratio for the leasing of the property, Lessee agrees to pay Lessor, as rent for the propeny, the sure. of one and no/100 dollars (SLOO) for the entire term of this lease agree- ment, payment of which is payable on or before November 1, 1997. Such payment shall be made at Lessor's aJdress as -t forth above. SECTION T HRF.E USE AND PRESERVATION OF PROPERTY i Lessee shall use the property in a careful and proper manner, shall comply with all appli- cablc law a and regulations, and shall maintain the property in good repair and condition. Lessee assumes all risks of loss and damage to the property from any cause whatsoever and agrees that the property will be returned to Lessor in the same appearance and condition as when received, ordinary wear and tear excepted. SECTION FOUR I TERMINATION OF LEASE BY DEFAULT OR RIGHT t~ if Lessee fails to perform any of the conditions or covenants of this lease, Lessor may terminate this lease and Lessee's right to possession of the property, and immediately take pos- session of the property without demand on or notice to Lessee. Provided, however, in the event of a default, Lessor shall notify Lessee in writing of any default, describing the conditions of de- fault in detail, at the Lessee's address indicated above, and Lessee shall have sixty (60) days from the receipt of the notice to cure any such default. Lessee may terminate this lease at any time by giving Lessor thirty (30) days prior written notice at the address set forth above. SECTION FIVE. OBLIGATION TO PAY TAXES AND FEES Lessee shall pay, if applicable, all license fees, assessments, and sales, use, property, and A other tares imposed on the property, either direc1hy or by reimbursement of Lessor, excepting only taxes imposed on or measured by income of Lessor. Both parties understand and agree that they 7:e both governmental entities who are exempt from most taxes or assessments. a SECTION SIX ' LIMITATION OF WARRANTIES Lessee shall have an opportunity to inspect the property to make sure it is adequate for its O • purposes prior to entering into possession of same. Lessee acknowledges that the property is of a size design, capacity, and manufacture selected by Lessee. Lessor has not made and does not make any representation, warranty, or covenant, express or implied, with respect to the condition of the property. Lessor shall not be liable to Lessee for any liability, loss, or damage caused di. rectly or indirectly by the property, by any inadeq,lacy or defect, or b; ~nv incident in connection with the property. 6 7 i. IFfTe 25 32X 0 dam" , O 1 401101ii III SECTION SEVEN POSSESSION OF PROPERTY It shall be a requirement of this lease that the Lessee shall immediately perform all tasks neces- sary and reasonabte for the relocation of the portable buildings from their present sites to the real property owned or lawfully possessed by the Lessee. Failure of the Lessee to immediately per- form all tasks necessary and reasonable for the relocation of such property shall be an event of default, and Lessor may terminate this lease and Lessee's right to possession of the property, and immediately take possession of the property without demand on or notice to Lessee. In witness whereof, each party has caused this Agreement to be ex"t ,ted on the date in- dicated below. EXECUTED this day of , 1997, by the Superintendent of Schools of the Denton Independent School District as authorized by the Board of Trustees of the Denton Independent School District. ALBERT THOMAS, SUPERINTENDENT OF SCHOOLS EXECUTED this day of IW7, by the City Manager of the City of Denton as authorized by the City Council of the City of Denton. TED BENAVIDES, CITY MANAGER t to ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: 0 HERBERT L. PROUTY, CITY ATTORNEY y BY: GIG: T~ _ F 0.e4p cat D. c'Luse of 0iso rokuuPLect d. 7 M-4 LM LE ism LM R M LE 4 1 C I ,"'P"AM'ft 55' Phase 3 completion C '~eX Office h 1} I a 1031 I = adjacent vacant t a lot t y R. e x 1 A Bonnie Brae This is the proposed plan for the Westalde Community Office. This projeri can be completed In three phases, i Phase one- move bidgs to lot and renovate office A Jk4 Phase two- renovate multi-use building Phase three- sidewalk, parking lot and landscaping s a 25, 32X v' , _ O~' i t ,.•a. r i ^ ' v,V, x c 11:'MeC14'FtYG:°J:y+'"1^A1 r .r,~g'n +v. ~T Cam, 1t1,e~CA?k'~Qr Y>bi "~rp Auenaa No ry 1- . Aqa da Item AGENDA INFORMATION SHEET Date_ AGENDA DATE,: June 2, 1998 DEPARTMENT: Police ' CMIDCMIAC'M: Mike Jez, 349.1925 f 5UUJF A RESOLUTION OF THE CITY OF DENTON, TEXAS. APPROVING THE DRI1G-FREE, 'LONE MAPS PRODUCED BY ENGINEERING AND TRANSPORTATION DEPARTMI-•,NT OF TTIE CITY OF DENTON, HACKGROUNU The state of Texas Legislature has adopted a law that allows for a drug-free zone around particular locations: such as schools, educational facilities, playgrounds, youth centers, and arcades. Anyone who is arrested for the manufacture, delivery, or possession of a substance, controlled substance or dangerous drug, in the applicable penally groups could have their punishment and or fine enhanced as outlined in the stalule, r~1MATEU SCIIFUULI:OF PR(~ After adoption of the drug-free zone master site map and the attached individual maps, signs indic acing each location as a drug-free zone would be erected by October of 1998. _PIZIOR ACf IONIHEVI I&W (Council hoards, Commissions) None 1 FISCAL INFORMATION 'Ilic costs incurred would conic from the materials and labor necessary to periodically update the map and signs indicating the locations of each drug-free zone. Each sign costs $55.00.1 he total } cost for 100 signs is $5,500, i 0 111^..11' r See attached. 1 Respectfully submitted:' Prepared by, i • Miche~~ ~ O • Assistant City onager for Operations T I ~ ~y, nY~ !q+n I 5cottJenkins. Sergeant, F4 d Operations 1 ~ F 1. 1 T M 25 .X 10 177 rw'u'rr ❑ 32X kL' b Musa" b uay I i Drug-Free Zones Presentation to the City Council I June 2, 1998 Drug-free zones have two purposes. The first is to deter people from manufacturing, distributing, or possessing illegal drugs around locations where children and young adults are supervised, educated, or gather to participate in recreation. The second purpose is to enhance the consequences for people who choose to manufacture, deliver, or possess illegal drugs arou„d the specified locations. The City Council can choose to adopt the resolution es'ablishing the Drug-Free Zone Master Site Map and the attached individual maps as an official finding and record of the locations and boundaries, The adoption of the resolution will establish the maps as "Prima facie"evidence that basically shifts the burden ofproofof the existence of the drug-free zones from the prosecutor to the defense attorney who would have to establish that the offense was not within a drug-free zone. Choosing not to adopt the resolution would not preclude arrests from being enhanced with the drug-free zone stipulations, but would require the District Attorney to establish the evidence of the drug-free zones sufficiently to the jury. Several issues and concerns were brought up during the work session about drug-free zones. i O The constitutionality of the resolution (Reference the Federal "Gun-Free School 'Lone Act of 1990") The United States Stpreme Court struck down the "Gur,-Free School Zone Act of 1990" The law was enacted under the Commerce clause that deals with issues that substantially affect interstate commerce. Possessing a gun near a school does not "substantially ell-ct interstate commerce." The Court also addressed issues about States rights, federalism in their arguments on the case. 1 he Gun-Frei! School "Zone Act was dealing with limiting a constitutionally protected right-- the right to "keep and bear Arms." The drug-free zone law deals with limiting an entirely, illegal act with no constitutional protections. 49 1 he concern with giving proper notice to people who enter the invisible drug-free zone while driving on the interstate or any other roadway would be an issue if there was a notice requirement in the law. The drug-free zone law does not require any notice because people are assumed to understand that making, delivering, or possessing illegal substances is inherently unlawful. O The signs are not a requirement of the law. In order to take an extra , tep of O +i caution, Chief Michael W. Jet rightly suggested posting some signs near each drug-free tone sight. 2 25Cl 32X I0 A t ' ~ ; / A _y Y ct r f .j M1 1 r O 1 .rlr':.. 9 •".RU.'.r'. .a . ;.:'.^47!3Yyw,6'Ypnl''fc hMl irb".:eS;r.+ r;rp'x`p-1rrt!wu"..r, r , O The concern referencing the details of the map has been addressed, The resolution calls for the ad.ption of the "Drug-Free Zone Maps." The large master sight map as well as the individual maps detailing the sights and boundaries will be adopted together. The sights and boundaries encompass roughly twenty-seven percent of the city limits of Denton. O The drug-free zone law in the Health and Safety Code ha:. not been challenged since it was passed in 1993. O The master sight map would be updated with additional resolutions each quarter if necessary w keep it current. The District Attorney's Office and law enforcement agencies Mat would be utilizing the map would also receive the updates. t r y i 1 A , i f ~ ~ O i .10 x 10 i ,xrax, , o 1 1 Drug Free Zones Name Address Type of struclurs Pocket Change 2201 S. 135E Arcade Aladdin Beauty College 407 Westway Higher Education 1 Business Skills Training Center 325 Pearl Street Higher Education Denton Police Academy 601 E. Hickory Higher Education j International Business School 2006W. University Higher Education , North Central Texas College 601 E. Hickory Higher Education ,Texas Women's University See the map Higher Education University of North Texas See the map Higher Education LINT Police Academy 416 S. Elm Higher Education OiSD Central Services 1307 N. Locust Owned by DISO DISD Lease Site 1117 Riney Rd Leased by DISD DISD Property p1 Loop 288, Stuart, Sherman Owned by DISD DISD Proparty 02 1200 block of W. University Owned by DISD .ASD Proparty 03 Teasley end Longridge Owned by DISO Lo._ -Property p4 Teasley W Leathervrood Owned by DISD OHS Athletic Field Parking Lot Linden and Fulton Owned by DISO Avotidale Park 2021 Nottingham Park! Playground Bowling Green Park Bowling Green and Vanderbilt Park I Playground Briarcliff Park 3900 State School Rd Park I Playground Civlc Center Park - Pod 215 N Bell 326 E. McKinney - 321 Park I Playground Dania Park 1001 Parvin Park I Playground Evers Park Windsor and Locust Park I Playground Fred Moore Park Wilson and Lakey Park I Playground Future ParK Sight (Wind River) Teasley at Lillian Miller Park I Playground Joe Skiles Park 1721 Stonegate Park I Playground Mack Park 1700. 1701 E McKinney Park I Playground McKenna Park 2200 Scripture Park I Playground Milam Park 234 Mockingbird Park I Playground Nette Schutz Park 1517 Mislywood Park I Playground North Lak-s Park 2001 W. Windsor Park I Playground Owsley Park 2300 Stella Park I Playground Phoenix Perk 327 S. Wood Park I Playground South Lakes Park $01 Hobson Park I Playground . , Armstrong Christian Life Center 1100 Mafoue Rec. Center , Dania Recreational Cenler 1001 Parvin Rec. Center Denton Bible's Youth Conter 2201 Nottingham Rec. Center MLK Recreational Center 1300 Wilson Rec. Center North Lakes Reoreationat Center 2001 W. Windsor Rec. Center Parvln Borman Elementary Calhoun Middle School School 709 1 Mounts School - Children's Corner Preschool d Day Care Center 101 Cardinal Scholl Children's Place at SL Andrew Presur;cc r. 300 W, Oak Scholl [Community School 2046 Scripture School 4 I • a i?.;N01ztJ CK 10 32xID 'k h• 'kr rP r Drug Free Zones Cornerstone Cooperative Preschool 1205 N. Locust _ Schm I Denton Christian Preschool ,2200 N. Bell Ave Schc~l I Denton City-County Day Scholl 1603 Polsley Snjwol Denton High School ,1007 Fulton Denton Stale Scholl 2917 Stale School Road School Evers Elementary School _ 3300 Even Parkway School First Baptist Chruch IOnderganlen ,11 DO Malone School Fred Moore Child Care Center 821 Cross Timber Schoii Fred Moore Looming Center 815 Cross Timbers School Ginnings Elementary School 820 Sunvalley School Great AdventuresIn Leaming 808 Sherman Dr Scholl Happy Days Preschool 722 W. Oak School Hidden Oaks Loan ling Academy 1714 Teasley Ln School Hodge Elementary School 3900 Parkway School Immaculate Conception Catholic School 1215 N. Elm School Liberty Christian School 1500 S. Bonnie Brea School Maranatha Christian Academy 1301 Audra Ln School McMath Middle School Teasley South of Londonderry School McNair Elementary School 1530 Hickory Creek Road School Mon'essorl Colleglale _ 815 W. Hickory School New Horizons Daycere 8 Looming Center 529 Bolivar School North Texas Christian Academy 233 W. Hickory School Rayzor Elementary School 1400 Malone School Robert E. Lee Elementary School 800 Mack Drive School Ryan High School 15101 E McKinney School Sam Houston Elementary School 3100 Teasley School Selwyn School 3333 W. University •Sci~ool Springbok Acodemy 1306 N. Locust Schoo: Strickland Middle School 324 E. Windsor School Sullivan Keller 1125 Davis School Tendor Loving Care Preschool 1702 N. Oak School - Thomas Rivera Elementary School 701 Newton Scholl Woodrow Wilson Elementary School 1501 Emerson Scholl Your Scholars Academy 2324 San Jacinto Blvd. Scholl I • r l I ri ` r yNi~Y,uF's'r;, r 25 x 10 32 7C d 0 I Y I; r r n.. 1h Mr l RESOLUTION NO. J I A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING THE DRU, j-FREE r 'LONE MAPS PRODUCED BY ENGINEERING AND TRANSPORTATION DEPARTMENT 1r OF THE CITY OF DENTON. WHEREAS, Section 481,134 of the Texas Health and Safety Code defines the areas which are drug-free zones and allows for enhancement of drug offenses that occur within the ; drug free zones; and WHEREAS, Section 81,135 provides that if the governing body of a municipality approves the map as an official finding of record of the location or boundaries of those areas, then the map is admissible into evidence and is prima facie evidence of the location or i boundaries of those yeas; and WHEREAS, the City Council deems it to be in the best interests of the public to protect schools, playgrounds, institutions of higher education, youth centers and vidto arcades from the j danger of drugs and drug dealers by enforcing the drug laws to the fullest extent authorized by law; NOW, THEREFORE, 7 THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION L The map designating the boundaries and location of the drug-free zones within the City of Denton which was produced by the City's Engineering and Transportation Department is hereby approved as an official finding and record of the location and boundaries 1 orthe drug-free areas. SECTION 11. The drug-free zone map is attached to this resolution and shall be filed with the county clerk of Denton County, i SECTION lll: This Resolution shall become effective immediately upon its passage and approval' t PASSFD AND APPROVED this the _ day oC , 1998. fI 1 ` SJACK MILLER, MAYOR 1 dft I. 1 _I V ] ^I ' t 1 I ~ I 4 +I 1 F: 14hveddcpCJ,GU0ur Ducu mrmilewluf 10MIAMp as rone.dne r ' I I 32 X r s.i • 1 1 b M hl .1 ~ Ma. f ~ 0 • ATTEST: i : I . BY: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY:C,:l~i L I I , ' r k 'Aherd Zorl't Gllkur Wcu"mli Arwl4** fdrug flex f1wrl A w 7 a z t :maw i ri Apdnds Ntl A9er~da item I AGENDA INFORMATION SHEET Dale ~ ~ AGENDA DATE: June 2,1998 DEPARTMENT: Eogineering & Transportation CM/DCM/ACM: RIck S%ehla, Deputy City Maaager~~J" SSE y Consider an ordinance approving a real estate contract between the City of Denton and Mount Pilgrim Christian Methodist Episcopal Church, slating to the purchase of 0.338 acre of land for conducting drainage improvements in the PEG{ tributary of Pecan Creek; authorizing the expenditure of funds therefore; and providing an effective date. BACKGROUND The City of Denton has reached an agreement with Mount Pilgrim Christian Methodist Episcopal Church to purchase this tract and adjacent drainage easements in conjunction with the pending PEC•4 Tributary Drainage Improvement Project. This tract is needed for widening and improvements to the existing channel and as access for channel maintenance. PRIOR ACTION/REVIEW (CouncV, Boards. Comalujag The Planning & Zoning Commission recommends approval. FISCAL INFORMATION , The purchase price is $23,000.00 for the 0.358 acre tract and the improvements. 8,100 square feet of parking area for permanent drainage and temporary construction easements. MR Attached. Respectfully submitted: j I lark, hector - Pr aced Ey, sneering & Transportation I, II t Paul Williamson Right-of-Way Agent ' f '.qe i 10 .~2X 10 r awrawa 'EHICKORY J CAMORE - D 0 z ZPRAIRIE X N 3 a a a W a Q SITEN o w* m Y ~ N = Q m C9 J U J Z ~OeER rSO N vi 3 aa EJ L 71 RUTH , N SMITH ,k ks a, 25 10 32XIO . -ANN I I 1 eaueriar EXCERPTED DRAFT MINUTES PLANNING AND ZO dNG COMMISSION March 26, 1108 The rag rlar meeting of the Planning and Zoning Commission of the City of Denton, Texas wss held on Wednesday, ' March 2:'. 1898, at 5:30 pm. In the City Council Chambers at City Hall, 215 Ent Mc4rinsy, Denton, Texas. Present: Elitaboth Gourd* Bob Powell, Susan Apple, Ellen Hoover-Schanz. Rudy Moreno, and Jim Engelbrecht Absent: Susan Ganzmr Present from Stall: Eolie Martin, Assistant City Attorney; Mark Donaldson, Assistant Director of Planning; David Salmon, Engineering A*runistrstor The meeting was called to order at 5:30 p m. 2. D•llberstions concerning real property - under TEX 00V't COr d Ill 551.072. a. Discuss acquisition of a 0.358acre cost located west of the Mount Pilgrim Christian Msthodlet Episcopal Church on Robertson Street to accommodate drainage system Improvements, b. Die cuss acqulsIlion of a 0.158-acre cost located on t e wool side of Skinner Street, Just south of the existing drainage channel to accommodate drainage system Improvements. 2. Consider making a racommendation to the Clty Council concerning the mcqutsitlon of lend referred to In ham 2.s, and 2.b. above. Chairperson Schert:: Good evening. We arm reconvening the Planning and Zoning meeting of March 25, 1988. We VP win begin with nom number three-consider making a recommendation to the City Council concerning the acquisition of land referred to In Item 2.s. and 2,b above. Are there any "stone or comments? No discussion I am told, so t'il entertain a motion @I this time. Ms Apple: Madam Chair, I move that we recommend to the City Council approval of the purchase of the 0,358-ewe bad. Mr. Engelbrechl: Second, Chairperson Schema: There has been a motion made by Commissioner Apple and a second by Gommissioner Engetbrecht. Give me just one second Let me get the voting control. If we could try, please, to cat our votes. Voting is complete, end I will display the results. And H ptusss unanirnously 64 with Commissloner Garter absent tonight (8 - 0) Chairperson ScAertt: WO entertain a motion on Item 2 b. ' Mr. Engelbrecht: I move that we recommend to the City Council approval of the purchue of the 0. Wsore bad. Ms Apple: Second Chairperson Schemt: Motion hoe been made by Commissioner Engelbredit and a smcnnd by Commissioner Apple. If Commissioner would please cast their voles. Voting is complete and 0» results ars ...this molim also passes S 0 unanimously. (5-0) H. Consider recommendation to City Council the partlsi drainage esesment abandonment at 606 Lakey ~ ew•L Chairperson Schemt: Nam 19--eondder reoommendetbn to City Council the partial drain,pe eassm rl ebendont, ment x1508 Lskey Street. 1 . 3 e ,+.++ru+uro....wiM..~www Yya b..nuwa. e,...cw~. ORDINANCE NO. AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND MOUNT PILGRIM CHRISTIAN METHODIST EPISCOPAL CHURCH, RELATING TO THE PURCHASE OF 0.358 ACRES OF LAND FOR CONSTRUCTING DRAINAGE IMPROVEMENTS IN THE PECA TRIBUTARY OF PECAN CREEK; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THECiTY OF DENTON. TEXAS HEREBY ORDAINS: SECTION I. That the City Manager is hereby authorized to execute a Real Estate Contract between the City and Mount Pilgrim Christian Methodist Episcopal Church, in substantially the Corm of the Real Estate Contract which is attached to and made a part of this ordinance for all purposes, for the purchase of 0.358 acres of land for constructing drainage improvements in the PEC•4 Tributary of Pecan Creek. FCT10N II That the City Manager is authorized to make the expenditures as set forth in the attached Real Estate Contract. SECTION III. That this ordinance shall become effective Immediately upon its passage and approval PASSED AND APPROVED this the day of J 1998. JACK MILLER, MAYOR A ATTtW: JENNIFER N'ALTL'RS, CITY SFCRL•TARY By. APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY y r J ~ ~ 5 Ia 32XIa " JVAOM - o , 4MMU I"f{WNM"i[1:L4p"vwfw",aFM.n M1lpnfb."~NAW AuTI?M.Y Rr,'AL ESTA rE CON'I'RAC'l STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by and between Mount Pilgrim Christian Methodist Episcopal Church (hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton Cennty, Texas, (hereinafter referred to as "Purchaser"), upon the terms and conditions set forth herein, PURCHASE AND SALE 1. Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for all that certain tract, lot or parcel of land consisting of 0.358 acre tract of land, more or less, as described in Exhibit "A" and illustrated in Exhibit "B" attached hereto, being Lot 2, Block 1, Alex Robertson Addition, together with all rights and appurtenances pertaining to the said property, including any right, title and interest of Seller in and to adjacent streets alleys or rights-of-way (all of such real property, rights, and appurtenances being hereinafter referred to as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions hereinafter set forth. 2. Seller hereby agrees to grant a permanent drainage easement and temporary construction easement as described and illustrated in Attachment "I*. 3 Seller hereby agrees to provide Purchaser a signed resolution by Mount Pilgrim Christian Methodist Episcopal Church (Seller) granting authority to the agent and/or agents to convey and grant the 0,358 acre tract (Exhibits "A" and "B"), the permanent drainage easement and the temporary construction easement (Attachment "i"). 4. However, it is expressly understood that the seller shall have the right to salvage and remove any pan of the existing classroom structure that is presently situated upon said 0,358 acre tract within a time period of thirty (30) days from the date of conveyance (Closing) ARer thirty (30) days from the date of conveyance (Closing) the remaining structure and appurtenances, if any, will be r : oved and disposed of at the discretion of the Purchaser. 5. Purchaser hereby agrees to construct parking sub-grade with dimensions of 135 feet long by 60 feet wide (8,100 square feet) on Seller's adjacent tracts to the east of said 0,358 acre tract. In addition to the sub-grade, the Seller shall install a course of 4-inch asphalt upon the parking sub-grade area The existing drive approach shall remain as access to parking area to be constructed 6. The Purchaser hereby agrees to construct a chain-link fence along the Improved • channel 5 r ?.5 K ID 32 J O H a 0 i 7. The Seller hereby acknowledges that the Purchaser has previously informed Seller that Purchaser has negotiated for the purchase of the tracts with no intent to use its powers of eminent domain to obtain the parcels, PURCHASE PRICE I. Amount of Purchase Price The purchase price for the Property (0.358 acre tract) shall be the sum of Twenty Five Thousand Dollars and No Cents (525,000,00) This amount consists of $10,000 for the land and S 15,000 for the improvements (class room structure, etc.) Additional Consideration. One Dollar and No Cents ($1.00) and 8,100 square feet of parking area in exchange for permanent drainage easement and temporary construe tion easement as described in Attachment "i", 2. Payment of Purjltase Price, The full amount of the Purchase Price shall be payable in cash at the closing, PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction of each of the following conditions any of which may be waived in whole or in part by Purchaser at or prior to the closing, L Pry,hmmarv Tjtllp. RepQn Within twenty (20) days after the date hereof, Purchaser, at Purchaser's sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue an owner's policy commitment (the "Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc, affecting the Property, Purchaser shall give Seller written notice on or before the i expiration of ten (10) days after Purchaser receives the Commitment that the condition of title as set forth in the Commitment is or is not satisfactory . In the event Purchaser states the condition of title is not satisfactory, Seller shall, at Seller's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. Purchaser understands that Seller is under no obligation to cure any title defects complained of by Purchaser stated in Purchaser's written notice to Seller as provided in this paragraph. In the event Seller Is unable to do so • y, within ten (10) days after rrceipt of written notice, this Agreement shall 'Ip1/ thereupon be null and void for all purposes; otherwise, this condition shall Page 2 of 7 6 p. y 32 x1❑ d CAW" a i, be deemed to be acceptable and an; objection thereto shall be deemed to have been waived for all purposes i I , 2. Survey Purchaser may, at Purchsser's sole cost and expense, obtain a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser The survey shall be staked on the ground, and shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and tights-of-way on or adjacent to the Property, if any, and shall contain the surveyor's certif cation that there are to encroackmems on the Property ane, shall set forth the number of total acres comprising the Property, together with a metes arid bounds description thereof Purchaser will have ten (10) days after receipt of the survey to review and approve the survey. In the event the survey is unacceptable, then Purchaser shall within the ten (10) day period, give Seller written notice of this fact. Seller shall, at Seller's option, promptly undertake to eliminate or modify the unacceptable portions of the survey to the reasonable satisfactions of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written rotice, Purchaser may terminate this Agreement, and the Agreement shall thereupon be null and void for all purposes, Purchaser's failure to Save Seller this written notice shall be deemed to be Purchaser's acceptance of the survey. 3. Seller's Compliance, Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Agreement to be performed, observed, and complied with by Seller prior to or as of the closing REPRF.-ENTAT] NS AND WARRANTIES OF SELLER Seller hereby represents and warrants to purchaser, to the best of its current " knowledge, as follows, which representations and warranties shall be deemed made by S Seller to Purchaser also as of the closing date I There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers, i, 2 Except for the prior actions of Purchaser. there is no pending or threatened condemnation or similar proceeding or assessment or suit, affecting title to the Property, or any part thereof, nor to the best knowledge and belief of • • i Seller is any such proceeding or assessment contemplated by any governmental authority page 3 of 7 7 MCA= 10 10 A i , long" f ~ 3. Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property or any part thereof. 4. To the best of the Seller's knowledge, there are no toxic or hazardous wastes or materials on or within the Property Such toxic or hazardous wastes or materials include, but are not limited to, hazardous materials or wastes as same are defined by the Resource Conservation and Recovery Act (RCRA), as amended, and the Comprehensive Environmental Reeponse Compensation and Liability Act (CERCLA), as amended. CLOSING The closing shall be held at the office of Dentex Title Company, 300 N. Elm, Suite 101, Denton, Texas on or before (which date is herein referred to as the "closing date") CLOSING REQUIREMENTS I. Seller's Requirements. At the closing Seller shall A Deliver to Purchaser a duly executed and acknowledged General Warranty Deed conveying good and marketable title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, assessments, and restrictions, except for the following 1. General real estate taxes for the year of closing and subsequent years not yet due and payable, and Z Any exceptions approved by Purchaser pursuant to Zurchaser•s Obl,tga6us hereof, and 3. Any exceptions approved by Purchaser in writing, 0 B Deliver to Purchaser a Texas owner's Policy of Title Insurance at Purchaser's sole expense, issued by Dentex Title Company, Demon, Texas, (the "Title Company"), in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions fisted in " UgjLng-ftqui m n hereof, sucli other exceptions as may be A approved in writing by Purchaser, and the standard printed + exceptions contained in the usual form of Texas Owner's Policy of O Title Insurance, provided, however: i Page 4 of 7 8 2 y 10 32x10. O ` i 1. The boundary and survey exceptions shall be ' deleted if required by Purchaser; and if so required, the costs associated with same shall be bome by Seller; 2. The exception as to restrictive covenants shall be endorsed "None of Record"; j 3, The exception as to liens encumbering the Property shall be endorsed "None of Record" other than those set forth in "Purchaser's Obligations". i 4, The exception for tares shall be limited to the year of closing and shall be endorsed "not yet due and payable C. Deliver to Purchaser possession of the Property on the day of closing f 2. Purchaser's Reauireme % Purchaser shall pay the consideration as referenced in the "Purchase Price" section of this contract at Closing in immediately available funds 3. Sjosinrl Cosh, Seller shall pay all taxes assessed by any tax jurisdiction through the date of the Closing. All other costs and expenses of closing in consummating the sale and purchase of the Property not spec+flcally allocated herein shall be paid by Purche er. REAL ESTATE COMMISSION An, real estate commissions occasioned by the consummation of this Agreement shall be the sole responsibility of Seller, to the extent Seller has agreed to pay any such i i real estate commission in writing; Ana E°Iler agrees to indemnify and hold Purchaser harmless from any and all claims for any sucl• commissions i BREACH BY SELLER j In the event Seiler shall fail to fully and timely perform any of its obligations 4 hereunder or shall fail to consummate the sale of the Property except Purchaser's default, Purchaser as its sole and exclusive remedy may either enforce specific performance of y this Agreement or terminate this Agreement by written notice delivered to Seller. jV/ i Page 5 of 7 9 r n; 25 x 0 32 JO t . o , BREACH BY PURCHASER [a the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in PURCHASER'S OBLIGATIONS having been satisfied and Purchaser being in default, Seller as its sole and exclusive remedy may enforce specific performance of this Agreement, or terminate this Agreement by written notice delivered to Purchaser MISCELLANEOUS PROVISIONS 1. Assign y of r m n This Agreement may not be assigned by Purchaser without the express written consent of Seller. 1 rv'v l f Covenants Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall net be 1I merged therein 3. Notice Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, reh.rn receipt requested, addressed to Seller or Purchaser, as the case may be, dt the address set forth beneath the signature of the party 4. Texas Lew to ApVl . This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County-, Texas. 5, parties BQ4tldL This Agreement shall be binding upon ind inane to the ; benefit of thr parties and their respective legal representatives, successor and assigns where permitted by this Agreement i 6. Legan~li>~S i n In case anyone or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said invalidity, illegality, or unentorceabitity shall not affect any other provision hereof, and this Agreement shall be construed as f the invalid, illegal, or unenforceable provision had never been contained herein ! 7 prior-Agrggrmeets-5uptrseded. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or 1 ' written or oral agreements betwten the parties respecting the within subject matter g JimLjEssencg, Time is of the essence in this Agreement, 1 Page 6 of 7 10 ~~LJ ~)(10 • y ~Y. , J • t.: P T .1 1 • O • 1 5 i r.V ~..nr..~ n ♦M1~. •Y •I4W'l.. ~rvrw nl ~ ~ , 'I 1 1 I 9. Gender. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. ' ' 10. Comolia In accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. ` 11, Time Limit. In the event a fully executed copy of this Agreement has not been returned to Purchaser withlo ten (10) days after Purchaser executes this Agreement and delivers same to Seiler, Purchaser shall have the right to terminate this Agreement upon written notice to Seller. DATED this day of 1998. PURCHASER THE CITY OF DENTON, TEXAS BY: Ted Benavides City Manager 215 E. McKinney ATTEST: Denton, Texas 16201 JENNIFER WALTERS, CITY SECRETARY BY: 1 APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY ti BY: SELLER MOUNT PILGRIM CHRISTIAN METHODIST EPISCOPAL CHURCH 0 BY: ~ TITLE: I 1 Page 7 of 7 11 t , . 1 I r v1 [1 I •kr i F KJ ~ a~~~ 11 Iii S[ I' !i z i y G'' r ~xaase r, , tit rJ ..r q,. .r r ns+n r..u wnwq..e+l...r M,T/,, • ~ C r ' .Iw..n.~~.M. 4. Yr. r. q•.,... •,.I~IY•il\4A n wr.a n. r.i.••. 1. .r ♦ • 1 I 1 "EXHIBIT A" ALL that certain lot, tract or parcel of land lying and being r. situated in the city and County of Denton, State of Texas in the A. Hill Survey, Abstract Number 623 and being more particularly described as follows: ( ' BEING all of Lot 21 Block 10 Alex Qobertson Addition, an addition to the City of Denton, according to the Plat recorded in Volume 01, Page 19 of the Plat Records of Denton County, Texas, said lot f is described to Mount Pilgrim Christian Methodist Episcopal Church according to the deed recorded in Volume 861, Page 562 of the Deed Records of Denton County, Texas, said lot is more k particularly described by metes and bounds as follows: 1 BEGINNING at a 5/8 inch iron ra3 set at the southeast corner of ~y said lot; d THENCE North 670 05' 45" Rest along the south line of said lot a distance of 125.33 feet to a 5/8 inch iron rod set; THENCE North 23° 57' 43" East along the west line of said lot a distance of 173.00 feet to a 5/8 inch iron rod set; THENCE North 89° 44' 32" East aL)nq the north line of said lot, passing a 1t inch inner diameter pipe found, up 1.5 feet, at 1.10 fat and continuing in all a total distance of 45.95 feet to a 5/8 inch iron rod set, from whence a 14 inch inner diueter pipe found up 1.5 feet bears North 89° 44' 32" East a distance of 276.79 feet! .1 THENCE South 00° 12' 34" Nest Along the east line of said lot a distance of 207,08 feet to the PLACE OF BEGINNING and containing 0.3S8 care of land. ils Jlr 4 lr ~i1 41 IV r~ S F~4 1 , n t (r ~}y~ y. y r r r . I~~ 3.'lyAn xf p,'~ Y r d f 1 2 x~~ MCA& r~ 3 j y l EXHIBIT LOT p, OLOCN 1, ALEX RODCR170N ADOI F'ON 10 tNE o!Y or DEN i0Y4 KAAwCS MC RAW LOON P,f arr a ACCORDING TO THE PLAT RECOROEO ctN Rw!Ca MO VARw IN VOL. GI, PAGE If, P.R.: D.C., ill. - f Nrorc AIL O pwsf hopr AK !/1 4MY PCB! 7rl / wars! s! DnrPRra Norco. ~ 1 NC MORRISON FAILING CO Vcl. W,, Pp. 578 1/2' 1. 0. PIP[ FOUND, UP 1.5' 4595 N99'44'31'1 !A1( FOR &KCMWALCM IRO Nag, R'[ 79 / O \I10 T11 Q I I/9' 1. D, PIPf FOUND, UP 15' BLOCK I IF Qef I LOT ? } Lot I I 0,356 ACRES ALEX ROBERTSON IADD177ON / VOL, 01, PAGE 19 f~. r 173 UJ N / RO®lt~~,8o '~'+.pyOrR~ f A , r KACE OF 1 KOINNINO 01 PTfSQUR NJ4 AID Pad!".I y, rcp rc08Y HHAOeFASd{,I r°pisriiiA°Rrofto inlet ~t ••409~,~' 21 (R l tl ~ 3 R - l 7 71 Dole, y~~(,v~v~~' Aa No xN9r139 wit 0 /D[N9„J!/C AOrD[C' 1/[ 1N~F 19R4A r Par 0RG 13 4, 2h ~ a 3, x 10 rmmefw 0 ZASZN>:N'f ATIACNNENT "l" Ton BTATt or Tual, 5 I KNOW ALL MIM by TERMS PRISZWT@t coum or Dzimas S TEAT Mount Pilgria Christian Methodist Spisoopal Church of Denton County, Teas, in consideration of the sum of one dollar (41.00) and no I{ cents and other good and valuable consideration in hand paid by the City of Dentin, Texas receipt of which Is hereby acknowledged, de by tlLooe prv,ents grant, bargain, sell cad convey unto the City of Denton, Tonal, tt.e tree slid uninterrupted eae, liberty and privilege at eke pasaaga in, steel, upon and across the following described property, , awned by it situated to Denton County, Texas in the A, till covey, Abstract Number 111. ALL that castein let, tract or parcel a! land lying and Wag situated in the City and Calory of Denton, State e! Tama to the A. till Aervey, Abstract Number 111 and being a past at Lei 1, Aleck 1, also Robertson Addition, an addition to the City of Denton, according to the flat tscoaded in Volume 01, Page It of the Plat hecords of Denton County, Tema, and being part of a tract described by deed to Mount Pilgrim Christian Methodist Splscopal Church recorded in Veto" III, Page 151 of the Deed Peoorde of Denton County, Texas, said lot is more pastlcularly described by notes and bounds as followsi SIGINNINO at a 8/1 inch iron rod set for the northwest carter of said Lot 1 and the northeast corner of Lot f to said block 1, and from which a 1-1/1" I.D. pipe found and extends up 1.5 tool, beats South 05' 44' 31" Nest a distance of 44.55 Coati TTBNCt North 80' 44' 11" tat along the north line of said Lot 1 and continuing slang the north line of said faun! Pilgrim tract a distance of 151.05 !act to the northeast carter of said mount Pilgrim tract and the northwest career of the frank Robinson tracts TTWCt Booth 00' 111 14" Nast along the east line of said pilgrim tact -14 a distance of 40.00 foot to a point for earnest i TNUCR North 05' 00 11" Mat a distance of 70.11 tat to a paint for J cornett TTENCL South 56' 04' 15" Afoot a distanos of 51.11 toot to a point tot corner, said point lying on the wet line of said Let 1 cad the eat line of aid Let fj TT SNtB No[!h 00' !f' 14" tart sleag said liar a distance of 51.00 lest to the P1ACt Or Slas"196 and eoataininq 0,171 acts at land, to addition ke the "Ova daaeriMd permanent easement a temporary construction eaeemeet to hereby greeted slang the Mouth aide of said Q permanent oosameak treat, of $bown on 1211051 "A". attached herewith, and shall became all and void open eagieties of the oeestreaties 1 associated with the pending P1C•4 Orslaags Prefect. 1 14 ''r 21, 75 x ❑ 32 X • I v , f ` 1I I 1 r I And It is farther agreed that the City of Denton, Tsui in Consideration of the benefits abew sat out, will renew from the f property above described, each tenons, baildings and other obstroatione r as may now be to,md upon said property. rot the purpose Of Coutroeting, rooosatruoti,17, installing, i repairing, and perpetually ualata/ning drainage to, along, upon and across Said prodess, with the right and privilege at all !saes of the grantee herete, his or its .gusts, amplorsas, workmen and representatives having ingress, sgrus, and regress is, along, upon and ssrsss said promisee got the pupess of making Witless to, improvements ea and repairs to amid drainage facilities an any put thereof. , TO SAVE AND TO IOID ante the said City of Denton, texas as aforesaid ter the purposes aforesaid the promisee above described. NIlnese by hand, this the day of r 1111. HOOK? M01211 4 011211 C1a1IlIAI 10tIOO2at 11I1COVAL CIOAC/ rifle, ACII~OMLaD011OR 111 HATS Or TIZU 1 CoOmtt or DtoA I This lnstrunut was acknowledged before to en 1101 by 1Rt o wry a, n an or a sus • 17 Cemalutoe asplro0 Accepted this dayr e! 1111 get the City of Denton, eaas selatlCa all Q yr a1~bL-e!-Ia Williamson . y. ,r 15 ~k ~1 t f{ 2 K 0 C] 32x l d a ' c I SCALE r . 4D EXHIBIT 'A' Of ATIACHNENT "I` [it ARARE lA SrD tpM Of Ir.W AR nMG CDaV' R n'r1L ' BEWNN INO - THE MORRISON UNC CQ pipV 21FIND.0. . 1AC ror DMrcrRSUL ea nrnl vole VdW. W. af 378 up 15' rr' _ Nerrrsr'E :eEir' - - 1-1112'10. 1SI. S UP 1.5N0' Ell" ACM ~ { Neln~~l R IC14P. COMSt fSWr P lit ti~ ♦ r . r Ne _ ALEXANDER HILL "'I" ABSTRACT N0. 123 FRANK 11081NSON (NO OECD ANARA& I M T PILGRIM CHRISTIAN ETHCOIST CHURCH 119. P0. 352 I I I f I I r I ` I ,fted ,..'.,.1 • rierea PY M fyU~S01~, 1 1 1 r l I f r l r l { ) 1r r1 wool* 11Ar 10101 6 14;Aoj DOII' AM NO. DEWIil 0 /DEN11129/GAORCG //(MIBI IS/E lYT FIM 000 16 C 2~AIts 32x10 J ~S h r r 1 t. i ' ' i 4 S Apenda Ile AGENDA INFORMATION SHEET Cafe AGENDA DATE: June 1,1948 DEPARTMENT: Engineering & Transportation CM/DCNVACM: Rick Svehle, Deputy City Maoager9t) e , %i. 3 S,lLJaefr Consider an ordinance approving a real estate contract between the City of Denton and Ernest Mills, Trustee, relating to the purchase of 0.156 acre of land for corimcting drainage improvements in the PEC-4 tributary of Pecan Creek; authorizing the expenditwe of funds therefore, and providing an effective date, jiACKCROUND ~ e' r The City of Denton has reached an agreement with Mr. Mills to purchase this tract in conjunction with the pending PEC-4 Tributary Drainage Improvement Project. This tract is = needed for widening and improvements to the existing channel and u access for chmml maintenance. POOR ACTIONIREVIEW WouociL Boards, Commissions) The Planning & Zoning Commission recommends approval FISCAL INFORMATION The put chase price is $25,400.10 for the tract and the Improveme,its. , LISAC Attached. , Respectfully submitted: YrrC k, Di or i. • Pr by: Engineering & ransportaticM l I 1 r~ Paul Williamson i Right-of-Way Agtnl S r51i~ ZS x 32x0 a: • 0 Tr- HICKORY G W ; J - m r ` SYCAMORE Z E. PRAIRE x o 3 SITE z Y Q N J ~ to ~ Q Y- t] Q ' LL) w Q m Y N = Q cc 7 C7 J V e J Z RpQ RTSpN r ui Q 3 a • r RUTH O ~ F N SMITH r . r 2 - - 2~ MQ 32xlo a e 'fit t.%, I 1 II I EXCERPTED DRAFT MINUTES PLANNING AND ZONING COMMISSION March 28, 1111111111 The regular meeting of the Planning and Zoning Commission of the City of Denton. To as was held on Wednesday, March 25, 1008, &1 6:30 p.m. In the City Cou a Chambers at City He", 215 East McKinney, Denton, Texas. Present: Ellxabeth Gourdle, Bob Powell, Susan Apple, Ellen Hoover-Sahartz, Rudy Moreno, and Jim Engelbrschl Absent: Susan Gamer Present from Staff: Eddie Martin, Assistant City Aftomey; Merle Donaldson, Assistant Director of Planning; David Salmon, Engineering Administrator The meeting was ailed to order at 8 30 p.m. L Deliberations concerning reel property- under TEX. OOV't CODE fee, 881.072. a. Oiscu is acquisition of a 0,358-acre tract located wool of the Mount Pilgrim Christian Methodist Episcopal Church on Robertson (treat to accommodate drainage system Improvements. . b. Discuss mcqulettion of a OAU-scre tact located on tiH west side of Skinner Street, just mouth of the existing damage then" to accommodate drainage system improvements. 2. Consider making a recommendation to the City Council concerning the acquisition of land referred to In Item 2.a. and 2.b. above. Cholrperson Schertz: Good evening, We are reconvening the Planning and Zoning meeting of March 25, 1008. We will twgin with Hem number three-conNder making a recom%ridalion to the City Council concerning the acquisition of land refereed to in Item 2 a. and 2.b. abfvc Are there any questions or comments? No discussion I am told, a I'li entertain a nation at this time. Ms Apple; Madam Choir, I move Use[ we recommend to the City Council approval of the purchase of the 0 358-aore j tract. Mr. Engelbrecht: Second Chairperson Schanz: There has been a motion made by Commhalomer Apple and a sexnd by Commissioner EngoIl lrl. Give me just one second, Let me get the voting control. If we could try, pases, to cost our vote. Voting is complete, and I will display the results And M passes unanimously e-0 with Commissioner Gamier absent tonight. (e - 0) Chairperson Schent Well entertain a nation on Item 2b. W Engetbreehl: I move that we recomme. rd to the City Council approval of the purchase of the 0.1 S& more lrsr4 Ms. Apple: Second Chairperson Schertz: Motion has bean made by Commissioner Engelbrechl and a second by Commisskmer Apple If Commissioners would pieass cost their votes. Voting Is c , ";lets and the results arc., this moboe atsj passes 84 unanimously, (e-0) 11. Conalder recommendation to City Council the partial drainage easement abandermt:nt at 101 Lill • Slue! Chairperson Schanz; Mom 19-consider realmmendation fo City Counck t a portal drainage sasament abandon- ment at 808 Lakey Street. 9 , a 32X0© I, oil mum O ~ r rvr1Waa.v.n..wtirrea,rw~rrvrer.lr ff I ORDINANCE N0. , AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF k UENTON AND ERNEST MILLS, TRUSTEE, RELAT[NG TO THE PURCHASE OF 0,156 G ACRES OF LAND FOR CONSTRUCTING DRAINAGE IMPROVEMENTS IN THE PEC4 TRIBUTARY OF PECAN CREEK; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. That the City Manager is hereby authorized to execute a Real Estate Con- tract between the City and Ernest Mills, Trustee, in substantially the form of tl•e Real Estate Contract which is attached to and made a part of this ordinance for all purposes, for the purchase of 0,156 acres of land for constructing drairdge improvements in the PEC4 Tributary of Pecan ` Creek. SECTION 11. That the City Hanger is authorized to make the expenditures as set forth in the attached Real Estate Contract SECTION 11 That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _ day of _ l~$• 1 I I JACK MILLER, MAYOR 1 .M ~ ATTEST. • JENNIFER WALTERS, CITY SECRETARY 1 BY • APPROVED AS TO LEOAL FORM'. • • HERBERT L. PROUTY, CITY ATTORNEY 1 r 32XI❑ ?5ti10 s r 0 ...r:. n.. :urv+`.grJ.'Y1lh h.MRRf4.a h...n 1. n,. li J REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE L r ',by and between Ernest Mills, Trustee (hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton County, Texas, (hereinafter referred to as "Purchaser"), upon the terms and conditions set forth herein PURCHASE AND SALE i I . Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for all that certain tract, lot or parcel of land consisting of 0.156 acre tract of 1 land, more or less, as described in Exhibit "A" and illustrated in Exhibit "B" attached hereto, being portion of Lot 5, Bloak 2, Alex Robertson Addition; together with all rights and appurtenances pertaining. to the said property, including any right, title mid interest of Seller in and to adjacent streets alleys or rights-of way (all of such real property, rights, and appurtenances being hereinafter referred to as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions hereinafter set forth. 2 However, it is expressly understood that the seller shall have the right to salvage and I remove any part of the existing house structure or outbuilding structure that is I presently situat: 1 upon said 0.156 acre tract within a time period of thirty (30) days from the date of cunve)ance (Closing) After thirty (30) days from the date of conveyance (Closing) the remaining structures and appurtenances, if any, will be removed and disposed oht the discretion of the Purchaser. The Seller hereby acknowledges that the Purchaser has previously informed Seller that Purchaser has negotiated for the purchase of the itacts with no intent to use its powers of eminent domain to obtain the parcels PURCHASE PRICE r 1 Amour P r .Whia_,The purchase price for the Property (0.156 acre tract) shall It the sum of Twenty Five Thousand Four-Hundred Dollars and No Cents ($25,400.00). This amount consists of $6,795 for the land and $18,605 for the improvements (house, outbuildings, etc) i O tD ' Page I of? 5 10 3 2x!0 b , , ar nwvn.,e<.wNafMr MII, Tub r,v., Y, 2. PPAXmgnt of Purchase Price. The full amount of the Purchase Price shall be payable in cash at the closing PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction of each of the following conditions any of which may be waived in whole or in part by Purchaser at or prior to the closing, I Prclim;narv Title Reoert. Within Twenty (20) days after the date hereof. Purchaser, at Purchaser's sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue an owner's policy commitment (the "Commitmem") acccmpanled by copies of all recorded s documents relating to easements, rights-of--way, etc, affecting the Property. Purchaser shall give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Commitment that the condition of title as set "orth in the Commitment is or is not satisfactory. In the event Purchaser states the condition of title is not satisfactory, Seller shall, at Seller's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. Purchaser understands that Seller is under no obligation to cure any title defects complained of by Purchaser staled in Purchaser's written noti.e to Seller as provided in this paragraph. In the event Seller is unable to du so within ten (10) days after receipt of written notice, this Agreement shall thereupon be null and void for all purposes, otherwise, this condition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes, 2 ~mjy, Purchaser may, at Purchaser's sole cost and expense, obtain n current survey of the Properly, prepared by a duly licensed Texas land " surveyor acceptable to Purcl aser The survey shall be staked on the 0 ground, and shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of-way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof Purchaser will have ten (10) days after receipt of the survey to review and p approve the survey In the event the survey is unacceptable, then Purchaser shall within the ten (I day period, give Seller written notice of this fact. Seller shall, at Scller'a option, promptly undertake to eliminate Page 2 of 7 6 R'# j5 x 10 32XIO k .f I 1 J 0 . I b P.vWC~d!'.:1IFM fnwaf~ < V , i i or modify the unacceptable portions of the survey to the reasonable j satisfactions of Purchaser. In the event Seller is unable to do so within ten f (10) days after receipt of written notice, Purchaser may terminate this Agreement, and the Agreement shall thereupon to null and void for all purposes Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the survey. 3. Seller's ompliance. Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Agreement to be performed, observed, and complied with by Seller prior I to or as of the closing. I REPRESENTATIONS AND V`'ARRANTIES OF SELLER Seller hereby represents and warrants to purchaser, to the best of its current knowledge, as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing date: 1. There are no par,ies in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers. 2, Except for the prior actions of Purchaser, there is no pending or threatened condemnation or similar proceeding or assessment or suit, affecting title to the Property, or any part thereof, nor to the best k.towledge and belief of Seller is any such proceeding or assessment contemplated by any i governmental authority. 3. Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property or any part thereof. 4. To the best of the Seller's knowledge, there are no toxic or hazardous wastes or materials on or within the Property. Such toxic or hazardous wastes or materials include, but are not limited to, hazardous materials or wastes as same are defined by the Resource Conservation and Recovery . Act (RCRA), as amended, and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), as amended, i OSING The closing shall be held at the office of Dentex Title Company, 300 N. Elm, Suite 101, Denton, Texas on or before • • (which date is herein referred to as the "closing date") Page 3 of 7 7 x 32 x ❑ S'. 4 A . I A r :tlIQfR7YV~ t N. f {W,r➢~wAX'wr"r1YnrF W\TN~[~Mv i CLOSING REQUIREMENTS 1. Seller's RWuirr:ments. At the closing Seller shall: r A. Deliver to Purchaser a duly executed and acknowleaStA General Warranty Deed conveying good and marketable title in fee simple to all of the Property, free and c ear of any and all liens, encumbrances, conditions, assessments, and restrictions, except for the feanwing: 1, General real er'ste taxes for the year of closing and Y!t subsequent yea, s not yet due and payable; and 1 Any exceptions approved by Purchaser pursuant to Purchaser's li i } hereof; and 3. Any exceptions approved by Purchaser in writing. W Deliver to Purchaser a Texas owner's Policy of Title Insurance at ; i ; rchaser's sole expense, issued by Dentex Title Company, Denton, Texas, (the "Title Company"), in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed in Closing Rgquirements hereof, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Policy of Title Insurance, provided, however: 1. The boundary and survey exceptions shall be deleted if required by Purchaser; and if so required, I the costs associated with same shall be borne by i , Seller 2 The exception as to restrictive covenants shall be endorsed "None of Record' ; • 3. The exception as to liens encumbering the Property shall be endorsed "None of Record" other than those set forth in purchaser's Obligations". 4 The exception for taxes shall be limited to the year of closing and shall be endorsed "not yet due and • payable". f • • JV C. Deliver to Purchaser possession of the Property on the day of ' closing i Page 4 of 7 ~ i 8 L_ 6 i l 1(1 Un~r('~YR11r.•l1YM1 SnRRCes~l~ 2. Purchaser's Byg resents, Purchaser shall pay the consideration as referenced in the "Purchase Price" section -)f this contract at Closing in immediately available funds " 3. Closing Costs Seller shall pay all taxes assessed by any taxjurisdiction through the date of the Closing. 1 All other costs and expenses of closing in consummating the sale and purchase of the Property not specifically allocated herein shall be paid by Purchaser. 1 REAL ESTATE COMMISSION Any real estate commissions occasioned by the consummation of this Agreement shall be the sole responsibility of Selle-, to the extent Seller has agreed to pay any such real estate commission in writing; ar.a Seller agrees to indemnify and hold Purchaser harmless from any and all claims for any such commissions BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property except Purchaser's default, Purchaser as its sole and exclusive remedy may either enforce specific performance of this Agreement or terminate this Agreement by written notice delivered to Seller. BREACH BY PURCHASER ,a the event Purchaser should fail to convanmate the purchase of the Property, the conditions to Purchaser's obligations set forth in PURCHASER'S OBLIGATIONS having been satisfied and Purchaser being in default, Setter as its sole and exclusive remedy may enforce specific performance of this Agreement, or terminate this Agreement by written notice delivered to Purchaser. MISCELLANEOUS PROVISIONS L Msigrtnem, of Agrggm n , This Agreement may not be assigned by Purchaser, )ut the express written consent of Seller 2 Survival pM3saanti_ Any of the representations, warranties, covenants, • and agreements of the parties, as well as any rights and benefits of the 4 parties, pertaining to a period of time following the closing of the t transactions contemplated hereby shall survive the closing and shall not be merged therein. f Page S of 7 9 Molt r , ~ 0 i Ih~nwwYM:.lv4`alPrrY MIh TWSfw~r4 3 Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at Or address set forth beneath the signature of the party. 4. Texas Law to Apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County; 7 exas. 5. Partite This Agreement shall be binding upon and inure to the benefit of the parties and their respective legal representatives, successors and assigns where permitted by this Agreement 6 l&gal Construction In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein 7. Prior Agrreemmts Superseded This Agreement constitutcs the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreemcnts between the parties respecting the within subject matter. 8. Tim p of Essence. Time is of the essence in this Agreement. 9. ~i eti Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless tha context requires otherwise 10. CQin-P1!_a~M In accordance with the requirements of the Texas Real * Esrate License Act, Purchaser is hereby advised that it should be furnished • with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection 1 I Timg Umit,_in the event a fully executed copy of this Agreement has not S been returned to Purchaser within ten (10) days after Purchaser executes this Agreement and delivers same to Seller, Purchaser shall have the right • to terminate this Agreement upon written notice to Seller. • k 4 Page 6 of 7+ 10 ~ t N awn 10 %ei'2X I (I « r c•S r c , ' , , ~ ~I 1 L r^i r • i. r v5 J I I r / 1 I 1O~dnwrVCi~YR6w~MY lrYCw~lIR••r. xr . wrv..wrY.ru4v~nrw-..Da.... ~ ~ / , 1 , 11~I r DATED this day of 1998 i PURCHASER THE CITY OF DENTON, TEXAS BY: 1 Ted Benavides City Manager 215 E. McKinney Denton, Texas 76201 5 ATTEST: JENNIFER WALTERS, CITY SECRETARY I BY: ; APPROVED AS TO LEGAL FORM: HERBERT L. PROUTYC~IITY ATTORNEY BY: 7 / SELLER BY: ERNEST MILLS, TRUSTEE BY: r DIANE MILLS r ii Yv 4 yJ I ~ t C r w Page 7 of 7 11 A r%' 75 x 1~ 32X~Q « fq A 41i L, : I f ` 1 « I~ ~ 1 • 1 1 1 v .1J I 1' • r r , r p 1 i . . nlnniu.n...+.i.....,....nawn.,.ul..nw.nr.•.n. x...uv ♦ry.w x•v WMTwJ.... w ~ • J 1 r l11 .1 I Y EXHIBIT 'A' ' BEING A PORTION OF LOTS, BLOCK 2, ALEX ROBERTSON ADDITION TO THE CITY OF DENTON, ACCORDING TO THE PLAT RECORDED IN VOLUME 01, PAGE 19, PLAT RECORDS, DENTON COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED BY f METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8 INCH IRON ROD SET FOR THE NORTHWEST CORNER OF SAID LOT 5 AND 1HE SOUTHWEST CORNER OF LOT 6 IN SAID BLOCK 2. THENCEN89°44.32"E, ALONG THE COMMON LINE OF SAID LOTS SAND 6,ADISTANCE OF 145.00 FEET TO A 518 INCH IRON ROD SET FOR THE NORTHWEST CORNER OF THE TRACT DESCRIBED IN A DEED TO THE CITY % OENTON DATED AUGUST 12, 1%9, r FOR THE WIDENING OF SKINNER STREET. y t THENCE S00' 12.34"W, ALONG THE WEST LINE OF SAID CITY TRACT FOR THE WEST r` LINE OF SAID SKINNER STREET, 47.00 FEET TO A 5/8 INCH IRON ROD SET FOR THE SOUTHWEST CORNER OF SAID CITY TRACT, IN THE COMMON LINE OF SAID LOT 5 AND LOT 4 IN SAID BLOCK 2. THENCE S89°44'32°W, ALONG THE SAID COMMON LINE OF LOTS 4 AND 5, A DISTANCE OF 145.00 FEET TO A 5/8 INCH IRON ROD SET FOR THE SOUTHWEST CORNER OF SAID LOT 5 AND THE NORTHWEST CORNER OF SAID LOT 4, THENCE NO0° 12'34"E, ALONG THE WEST LINE OF SAID LOT S, A DISTANCE OF 47.00 , FEET TO TM PLACE OF BEGINNING AND CONTAINING 0 156 ACRE OF LAND. SURVEYED ON THE GROUND FEBRUARY 1998. TEAGUE NALL & PERKINS, mo?:~u'* STEPHEN H. ROBERSON • REGISTERED PROFESSIONAL LAND SURVEYOR N0.4090 r ~'r^ A. , 12 r°wti' ti 2S x 0 02 X / It. trz~ ,err. ;r M z Df3ldolii i ' i 0 I • EXHIBIT SCALE 1' . 20' 0,156 ACRE TRACT OF LAND FOr T A PORTION O OF LOT ! IN BLOCK 2 cs ARE eA SO OFCN r Y rC[AS ALEK ROBERTSON ADCN TION TD THE 5C 4 CCCROM'A7E srsrrw CITY OF DENTON, DENTON CO., TEYAS. ~ Moir ALL CORNCR VONUWh'75 ARE s/D PON RroS SCI FRANK ROBINSON uatss anaRwsc NDrtro (ho DrEO AVAILABLE) ° B A o N0072'71'E S0072'34'w ~ 7 4 W S S00 2 r~ EE 47.00' 17.00' -71 ' `gPOS I 2 ° Ss~f 8PLACE OF k BEGINNING T b LOT 4 BLK. 2 u g 8 LOT 6 BLK. 2 ~t I w LOT S BLK, 2 U ALEX ROBERTSON ADDITION VOL 01, P0. 19 I ~ ~ 1 r S SD )7254'M 4700. E' SIRIF 10 City OF CENTON D00. !112159 3KINNER STREEY . so' a-o-w 0 1~ 4y, r ~TEWEIE NALL AND PERKINS Pre A {j RPAHxO!! !r! rrerlnee sr7wwt Pored Y " Iwrr wo/2N rwF•/ 76102 a090 'a tsTr) r2s ' 7•~4-fib ~t,~,~pr►t~:~+° i Oote~ ~U ~ DDB NQ OEN91t2! ~ i 1,1~ ' s . 0 /'DEN9-' 25/CADjWC•11T:uu811S/FSwT ROw7 DwC 13 r • 1~ 1 , - 25 .32 x ' k O t r, !V "/iM,MJL.,.S n: ..r...... ~ fr Apends No. i Agenda Ile Date_ ; AGENDA INFORMATION SHEET r AGENDA DATE: June 2,1998 1 DEPARTMENT: Engineering & Transportation CM/DCM/ACM: Rick Svehla, Deputy City Manager 61 SUBJECT r Consider an Ordinance Partially Vacating a Certain Sewer and Drainage Easement from H. D. Roberts and wife, Stella Roberts, to the City of Denton by Easement Deed on March 3, 1%0, and Recorded with Clerk's File Number 3881, and providing an effective dater r BACKGROUND The original drainage and sewer easement was granted to the City in 1960 before the area was subdivided and developed. When development later occurred, the drainage channel was moved , tracts. Also, a new tree , to the northwest and eliminated the need for drainage interests on the subject 15-inch sanitary sewer main has recently been constructed to the west of the subject property and the old sewer main within the original easement area has been abandoned. An 8-inch sewer line was extended to the new 15-inch main and easements were obtained to accommodate this new sewer line in the subject area. The grantors of the new easements and owners of the subject tracts, Ron Alsup and Carolyn Rollins, have requested that the unneeded portion of the original drainage and utility easement be abandoned on their property. PRIOR ACTIONIREVIEW (Couee It_- Boards Commission The Development Review Committee recommends approval The Planning & Zoning Commission recommends approval rw G FISCAL INFORMATION None. MAP Attached, Respectfully submitted: AA~ Prepared by: #rrYJC1ark, hector ring & Traraportution 4 Steve ]o son Technical Assistant k k , S ua Z VI 10 32XIO 1 O . LOOP 299 N `-1! .I~q Ua i E ~ ion.rs ®o ~ W ~n® I SOtIARE r;nonoc PROPOSED u ABANDONMENT '~-7~^~!/ a a ~ SITE MN S V~ m W N LEGE A 1TION L JL LO=ON MAP aff OP Dff?M C z ICK 32xl❑ ~ .7, .i.. I i yt r. r ~ r .C f 1 y r AeE~ll , 'L t ,i { 1 , I 1 i 1 • { ALVMaIQ x r l l~ Y T / IS' Ianihry termer Now IS' Noe ban Rsannenan similarly some `y~ Raun11~ Wanb1 5~~- 'err are I Pudic U1,10% q e Gumenu . 0000 tndsor wo00 W 00 •'r -•,...g Lot 49 teill dl t• ti. Ulitay lower Ta Remain bay er B' 6 nitar Save tail inl tosam"I / No IN tUneoamanl Lot 48 E 'PLAT ROUND' Carol n 0. Rollins i / • / be uwP WO ;1.45/03 w0 nos Al" 417 Real Property Recall, / noN Frei Retina, Oenlgn Csunly, cues Oantan ounir. Tau l r t Caolyn W. Rolling uaq RO 96.45705 Lot 47 t0Ran " ANW 20 Asol Property Records. 96 Oenfae County, Years MM 49009:1,11 111441 / 0i i Air. Tells E I l Lot 44 E Lot 43 Lot 46 Lot 45 C 4 i Lot 42 4 , Windswept Court 1 { • N • • F 1 1" • 2 0I ~ y 1 City of Denton Y' LV Engineering & 7'ransportatt.on Department Right-of- Way Division emu tt Ieae , 3 a 0 2 5 " 11616 nawnae ' e I a~a Planning and Zoning Commission Minutes 3 March 25, 1988 Ii Page 19 of 23 Ms. Jordan: Arid they meat to requirements. Ms. Gourdie: Thank you for da*ng that for me. Chairperson Scherw Thank you for answering the questions. I guess I cam•-since I know there is a representative from United Capper, woukt you lace to make any comments at this time? Mr. Jaecquew I'd just be happy to answer any questions that •:hy of the members might have concerning the facilit es and is plans. Chairperson Schertz: All right, air, Commissioner Powell do you have a question? Mr. Powell: No, rm ready to move on the Issue. I Chairperson Schertz: AN right W,, tank you, though for making yourseff available. i Mr. Poweh: Madam Chairman, I would move that we recommend development plan One psrtieipadon for the Uniled Copper Facility on Highway 380 at Geesling for an estimated amount of $324,000. Mr. Marano: Second. Chairperson Sdwurt A motion was made by Commissioner Powell uW a second by Commissioner Moreno. Is there any discussion? Seeing none, I will ask the Commhsloners to please cost their votes. Voting It complete and I will display the results. And it passes unanimously 84. (04n `r- 17. Consider recommendation to City Council tM partial drafnse and utility tassmard abandonment on the south side of Windsor Drive, north of Late 43 and 44. Wlndsong at The Village Subdivision. Chairperson Schan;Z: Item number 17-snakier recommendation to City Council the partial draft" and utility easement abandonment on the south aids of Windsor Drive, north of Lots 43 and 44, Wndsong at The Village Subdivision. Mr. Salmon will making comments on this line hem, please. Mr. David Salmon presented the staff report. Mr. Salmon: Thank you, Madam Chair and Commission. We've got Wee of these this evening. The flrsi one, of course, is at Wlndsong at The War, which is a subdivision looted near the Intersection of Stuart Road and Windsor Drive. About two years ago, to City completed a sanitary sewer "ad and obtained a utility easement that I have highlighted In orange on the overhead. In exchange, the owners of the two iota that are outlined In dark red agreed to grant the easement at no cat to the City with the proWao that they would be able to do away with the easement that wsa already existing on their property, which I have highlighted in green. Of Course, this utility proJed was completed about two years W. and we are st the pokht now where we don't need the easement that is highlighted in green: and so, we we j W following through on our agreement with the property owners that we would abandon that easement. Staff is recca~c ing that the ossomerd be abandoned, Ws have no particular use for it We've been to the Developmerd Rsviaw Committee, and there is no City department tat has any particular use or need for the easement. Chairperson S:herts: We appredeie you clearing it up as we go along. Are Hare any comments, questions? Or I'll • entertain s motion, plea me. Mr, Engerbrecht: I move that we recommend to the City Count approval of the partial drainage and shitty easement abandonment as h effeds the Alsup and Ryland tends a" the south sods of VAndsor Drive. Mr. Moreno: I'll second. Chairperson ScherU: Thank you, A notion was made by Came nisskoner Engelbrecht and second by Comm ssromr , • Moreno. Is there any discussion? Seeing none, I would ask the Commissioners to please-jwl a second, there t • • goes- oil your votes. For some ressan, we lost a few, k come on SM ahem and we lost. Give rid a second and we will recast. If you win, piesse ass your votes. That want tike clockwork. The voting Is oomptata and I will display the resuhs. And it posses unonirnousty 40. (8-0) 32 X e I 0 i ''KNiOL'v;pi'Yf4fDLTPlLUL0.AivwlOir..'~f..Y'IwI..Wrw•n~W , i ORDINANCE NO. AN ORDINANCE PARTIALLY VACATING A CERTAIN SEWER AND DRAINAGE I EASEMENT FROb1 H. D. ROBERTS AND WIFE, STELLA ROBERTS TO THE CITY OF DENTON BY EASEMENT DEED ON MARCH 3, 1960, AND RECORDED WITH CLERK'S FILE NUMBER 3881; AND PROVIDING FOR AN EFFECTIVE DATE. I` I WHEREAS, the City of Dentca has received a request for the partial abandonment of a certain sewer and drainage easement; and I WHEREAS, the Planning and Zoning Commission of the City of Denton, Texas reviewed the requested abandonment and recommended approval; and WHEREAS, the Council of the City of Denton, Texas has determined that the sewer and drainage casement being vacated is no longer needed for public use; and WHEREAS, the process for determining fair market value of the sewer and drainage easement, as required by section 272.001 of the Texas Local Government Code, shall be followed in effectuating this abandonment, NOW, THEREFORE, r THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: ES CTIONLj That the portion of the sewer and drainage easement described in Exhibit A, attached hereto and incorporated herein by reference, and recorded with the Clerk's File Number 3881, is permanently vacated and abandoned as a public easement, to the extent described in said exhibit; provided however, that there is expressly reserved public utility easements evidenced by documents executed by Ron Alsup and Carolyn W. Rollins recorded as 96.80073329 and 97-R0073330 respectively in the Real Prorerty Records of Denton County, Texas. SECTION ll That by reason of such vacation the City of Denton's property interest In the vacated portion of said easement shall, by operation of law, revert to the owner or owners abutting the easement herein abandoned, and the City of Denton releases any and all claims of the use of the vacated portion of said property as a public easement, SECTION Ii 1. That thin ordinance shall become effective immediately upon its passage and approval { 1 0 PASSED AND APPROVED this the day of 1998. JACK MILLER, MAYOR 5 .~Im 10 r • Wan!" Y a i11R75LY1 r r• r ' IMi/NLb9w'Anttlr6v~M.~Ib~w~wy r~~Ir. I . II 1 `i ATTEST: JENNIFER WALTERS, CITY SECRETARY Y 1 APPROVED AS TO LEGAL FORM' t . HERBERT L, PROUTY, CITY ATTORNEY j w. E s ~ ~'r II / r .,r 7 y3i ~ a n~ 1 Y1f. r r , a z 1 ~ r ~4 t f Y.,! ' r PAGE 2 e 32 X o r l ' "EXHIBIT A" f ALL that certain lot, tract or parcel of land lying and being situated in Us City and County of Denton, State of Texas in the B.B.B. i C.R.A. Company Survey, Abstract No. 186 and also being i part of a drainago and sewer easement from N.D. Roberts and wife, Stella Roberts to the City of Denton by easement deed on March 3`d, 1960 and recorded with Clerk's File Number 3861 in the Deed Ra.aords of Denton County, Taxis and being more particularly descrV,,r!A ns follows: i If TRACT 1 All that portion of said drainage and sewer easement recorded with Clerk's Fite Number 3881, D.R.D.C.T. as it affects the entirety of the .08 acre tract conveyed to Carolyn W. Rollins and referenced as TRACT 2 by deed recorded as 96-RO45105 in the Real Property Records of Denton County, Texas. TRACT 2 All that portion of said drainage and save: easement recorded with Clerk's File Number 3881, D.R.D.C.T. as it affects the entirety of the .0955 acre tract conveyed to Ron Alsup by deed recorded as 96- R020933 in the Real Property Records, Denton County, Texas. TRACT 3 All that portion of said drainage and sews easement recorded with Clerk's Pile Number 3881, D.R.D.C.T. as it affects the entirety of r Lot 43, Replat of Kindsong at the Village, Phase V, an addition to the City of Denton, recorded in Cabinet C, Page 23 of the Plat Records of Denton County, Texas, same being a tract conveyed to Ron E Aloup by deed recorded as 96-ROO220 in the Real Property Records, Denton County, Texas. 1 I I r , tit '10 2 x 10 Y' 0 r Apcnda No, ZTG Agenda Item ? 15 Date AGENDA INFORMATION SHEET f I AGENDA DATE: June 2,1998 DEPARTMENT: Engineering & Transportation CM/DCM/ACM: Rick Svchla, Deputy City Managei; ~ SUBJECT Consider an Ordinance Abandoning a Utility Easement and Partially Abandoning a Certain Portion of a Drainage and Utility Easement, both easements being part of the Denton Regional Medical Center Addition as recorded in Cabinet & Page 356 of the Plat Records of Denton County, Texas; and providing an effective date BACKGROUND Tr„ •ubject tracts were granted as easements a few years ago with a proposed development plan for a nospital. Subsequently, ownership of the property changed and the property was replotted in conjunction with a revised site plan for the proposed hospital. The current owner, Epic Development, Inc., has requested through their representative, Carter & Burgess, Inc., that the subject easements be abandoned to accommodate the new site plan for the proposed hospital There are no facilities constructed within the proposed abandonment areas. EMB ACTIONMVIEW ICoyadl. Boards. Commisebns} The Development Review Committee recommends approval The Planning & Zoning Commission recommends approval FISCAL INFORMATION None. Attached. RerpectfuJv submitted: Prepared i,y: J lark, hector i h ! i • E & Transportation I ~ • • teve Johnfon Techair,al Assistant ~i a 32110 1 1 3 r 1 C K 00 C0 'Py 00 O~`O oQ 200 0 a r a sF N SITE v I BRIER CLIFF Q 0~ o m ~ ~ J u 1 NORTH FOR S E I ROBINSON 110 r 2 - - -sA; CJ 32 x I d . i e PS. CDC 0 Iftt It" 410 MILIM PROPOSE- ABANDONMENT i i AREA ~ ~ ! 1 1 `+1 11 \l• Ir O ` '.`1 III' N~ Al swims I' III f (7 • r t SI% i jol i / ``~O dJ ` / J 1f 3 ~ >~is 32Xla N ° I S 1 ,5. __.....__.......~....~._..w...........~.».._.....•.__... ...~..-.__._.._`......~....~..........~..........e.,~.~.ron•......rrw.«rr,.e via 1 v COLUMBIA/HCA ~ 1 EPIC DEVELOPMENT, INC., d~ 9yO VOL. 3149, r0. 199 054 A" UBO' RAINa4E Y e a / p~~y~QP~ INSi, No ASEMENi 8047 C Q R•AR,O.C.i, 7739 p"p2.I3,4 1 R•1036 pC' _ L•44oe' ` 3 394 'O7' 40433 ,080 E UTILITY EASEMENT NO. N oNe ?4 22 INSJ•"Ne, 94•R0077716 LOT IR A.P.R.D.C.T. BLOCK I I N 50431'44' E OENTON RE01QQ~~A1 12.40' 'M [Ofa" CEAYE371DOITION N 39428'16' PLACE OF BEGINNING CAD. 'K' PD, 356 COLUMBIA/HCA 32.55 0.02032'26' P.R.O.C.T. EPIC DEVELOPMENT, INC. 0.10'20'46' R•415.00' VOL. 3145, PS. 999 R•192.00' L•I6.40' R1JLO,G.T. 034.67' CH■S 61002'29' w CH•N 34017'52' M .40' • 34.63' 'rp V EXHIBIT SHO9'INO / ABANDONMENT OF ry 1,14i SQUARE FEET UTILITY EASEMENT NO. N j ? INST. NO. 94-R0077736 R,P.R.O.C,T, / LOCATED M flit OANKL LAMBERT SURVEY, A•764 AND THE M.E.P. 6 P.A.R. CO. SURVEY, A•150 • IN THE • CITY OF DENTON, DENTON COUNTY, TEXAS 09/09/56 1 0 50 100 150 too S~S {GALE CA111E5 i PAOtS5, PC. 17 'FEET IGALt EO' NMWOK 0W Ad JOB/ 973271050 - 25 x ICS 32Y1❑ O i :arswr O .uewivm tr' _......no.+~n«.w..n.......~~ ..,.....,.r,...w+r,.........wwwwwe.e.,w.w~nswaww. COLUMBIA/MCA 0.02'28'03' J EPIC DEVELOPMENT, INC, R•960.00' +1 L•41.34' VOL. H4 PC, ` 140'42'18' E 41.34' 9 \ 8 39628'16' E O 00 / 9 ^c; /uFiity AaSG~! yop N 39'28', 6• W ' 217,00' COLUMBIA/HCA D•02026'03' ` PLACE OF BEGINNING EPIC DEVELOPMENT, INC. R•1040,00' VOL, 3243. Pa. got L•44.79' R.PA.D.C.T. CH•N 4014218' YI 0a/ LOT IR 4419' 01•' BLOCK ' DENTON REGIONAL f p0y1. MEDICAL CENTER ADDITION CAB. K PG, 356 } ~y~{ P.R.D.C.T. EXHIBIT SHOWING ABANDONMENT OF 0,933 ACRES 0 so loo uo too OP OF 2.013 ACRE 60' DRAINAGE & UTILITY EASEMENT SCALE M FEET INST, NO, 94•RCe$+7739 R.P,R.D.C.T. SCALEe I • to, LOCATED II THE OANCL LAMSEAT SURVEY, A•714 N THE CITY Of DENTON, DENTON COUNTY, TEXAS CA1TE1 A BU10Ef1, INC. 01/01/00 M IriIM 411 Ali MI II01I117ld flIPla JOB/ 973271050 r. 2XIO 5 M1 , b Planning and Zoning Commission Minutes February 25, 1998 Page 32 of 40 Commissioner Powell: Motion made. I Ms. Apple: Second Commissioner Powell: It is seconded. Is then any discussion on this? All in favor, raise your right hand. Motion possess-0. (5-0) 11. Consider me king a recommendation to City Council for partial drainage asemsrn abandonment of 3301 Cooper Branch East Commissioner Powell: I gvesa we go on to item 11-ccnatder making a recommendation to City Councit for The partial drainage easement abandonment of 3301 Cooper Branch East. Mr. Salmon, I Mr. David Salmon presented the staff report Mr. Salmon: Thank you, Chair, Let me try to zoom this up a Uttle bit. Can you bring th!s up Just a rattle bil closer? Well, dose enough. What we've got here this evening Is a drainage easement in The Cooper Branch East subdivision. The sub(ed property is located on a cut-do-sac at 3301 Cooper Branch East Drive. Some of you nuy be aware-and maybe not--that for sewn[ years, we have had a terrible drainage problem in this area behind these tots over In We subdivision. The houses on the back side down here from on Windsor Drty" might help give you a ghee bit better Was of where this Is bated. This pest year, after several other attempts to knprove the drainage in this neighborhood, we finally, I think, made some improvements using some concrete that has resolved the problem of these people that live M this neighborhood. Baebalty, what was happening is there woo a concrete drainage structure back over towards this area of the lot, and tt wasn't large enough to carry the water. And than the developer that built these homes filled in "over }low swell when they did their lot grating and so when the dralnags structure filled up, the water didn't have anywhere M go but into the sdJacard people's yards and got Into swimming pools and everything. So this post yar the City went in, rut that over lbw swell back out, excavated all the dirt out, and actually put concrete In it ono that the people that live there now-and who buy those homes in the future--,will understand that there is supposed to be a drainage feature there. In doing so, we had to extend the cpnovte about two feet Into this person s yard; I think his name Is Jay Thomas, he Is a local builder. We had to extend the Concrete about two feet Into his yard, and he. I guess, graciously agreed to NI us do that and to grant an easement with the condition that we could do away with some of the excess easement over in We ores that I have shaded in pink. Our WYOrd easement Is the area that I have highlighted In green; ifa son of a pipe shaped area. And so what we are going to do with this is add two more feet along this area and then do away with this We ftva•slded area over there. Staff is recommending that we do this. We don't sa any need for that excess drainage area especially now that the drainage channel there has been put In concrete and should be prety fixed Commissioner Powell: Any questions of staff here? Mr. Salmon, I don't see a prepared motion here Perhaps you could make one for us, and we could say as requested by staff or something, Mr. Salmon: Well I gue: s the motion would be that you would recommend to the City Council that the drainage easement abandonment W %301 Cooper Branch East, or that the easement to abandoned as proposed by staff, -44 Mr.Engelbrecht So movod. Commissioner Powell: Is then a second? Ms. Apple: Second. Commissioner Powen: Wa have m mown and o second on ltem 11. Ary discussion? AN in favor, raise your right hand. Motion is approved 5-0. (5 - 12. Consider making a recommendation tc City Council for partial aseement abandonment of Denton Regional Medical Canter Addition. Commissioner Powell: Item 12. Mr. David Salmon presented the staff report Mr Salmon: Commisskmers, on VS Oft, I do have b apologize, Our mite maps that we grew you In your backup ' really didn't daeRbe the area vary cill. So was prepared a We bit larger scale map so that you cart gat some eon of a sense of where the casements are In Morena to what will be the new hospha[ out most MWO Road and WE. ri, .a 5., I ,A1 r l.J 32 4 "C . X I e I r. I w Planning and Zoning Commission Min,ites February 25, 1998 Page 33 of 40 The people that are proposing to build the new hospital, of course, have requested that this easement be abandoned. The reason we are doing R this wsy-as you may recall; this property has been platted and replotted on several different occasions, As different companles have purchased this property and have changed plans, there are a lot of easements on this she that were put there by previous plats. Some easements have been put on this ska by separate document. As a matter of law, d an easement has been established by separate document, the only way you an remove it is by separate document. You ain't just put a new plat down. What we've got here shaded In the I dark blue is an area of easement that was established by separate document during the test platting process. Now that the new people have purchased the property and they're going to have a different footprint for their hospital, the easements that were established for the last group of folks don't work. So, they re wanting to abandon this particular easement by separate document. Number one, they don't need the easement for what they're going to do; number two, R has nothing In k; number three, It's in the way of thu footprint where they want to put their building, Staff would recommend that this easement abandonment take piece as well. Mr. Engelbrecht: I have a question. When you say staff, does thts go through-do these requests for sbandonmenia of easements go through the Development Review Committee? Mr. Salmon: Yes, they do. We get comme as from all the utility companies, etc. Mr. Engelbrecht: Thank you, Commissioner Powell: Any other questions fa Mr. Salmon? Would you like to help us out again, sir? Mr. Salmon. A good motion for this one would be to recommend to the City Council that these particular, ulllity easements be abandoned is proposed by the applicant, Commissioner Powell: Do we have a notion to that efli Mr. Engetbrecht: So moved Commissioner Powell, Do we have a second? Ms. Ganzer, Second, r Comm'rssior er Powell: We have a notion and a second on Rom 12. Do we have any discussion? IT all fare vote. All in favor, raise your right hand. Motion passed 5 to 0. (5 - 0) 1 see a work session after Rem 12, and I have ■ request for a break. We'0 calla 10-minutb break until 9:10 p.m. WORKSESSION 13. Flood Mitigat on Plan. Mr. Powell Thank you. We're bark from our break, and we're ready to consider an unnumbered Work Session. Mr. David Salmon presented the staff report h Mr. Salmon: Well, as Work Sessions tend to be a little bll lase format than normal Rama. I guess f I Just start but by • describing or Introducing what it Is I waited to visit with you about this evening; and, planes. I guess, ask questions at any point that you need 10. And then, of course, when I'm done you an ask me questions, too, ill you have any. Back, well, actually lost October a very unusual thing happened, I got a a0 from FEMA one afternoon, and they said, 'We have some grant money that we cannot get rid of. We have to get rid of it within a certain period of itme, or R's going to go away. Would you please be Interested ht at toast Istening to us and see If we can't give the City of Donlan this grant money.' Woo, of course, you know, we though, you know-ace first thought was, 'Okay, how many strings are going to be attached to this,' We Inked them to come up and visit with us, ant surprisingly enough, there weren't-4idn't Seem to be--$ lot of stings atbrched to this grant funding. Basically, the grants are called Rood mitigation grants Thera are two types of food mil grants-there are grants for planning activities • and grants -or si Improvement or borishictlon-type adhn8es. One of the catches was that Me Ctty had to O • develop whet I called a Flood Mitigation Plan. At the Ome, we did not have that s ctuslly, and, of course, we don't 1 now. This h, why we're hera-49 we're trying to put one M plea A Ill mitigation pten-maybe this would be a good time to turn to page 07 In your backup. Pw included some literature from FEMA Nat Sort of describes his process we've bean going through. On that page, f sod X dafne , wnst a food mitigation plan Is. I guess to put I in a nutshell, f explains how the City of Denton Is going to ffill 7 4rs.r . v . v-, .v~ra icj►. 3 2 'r r, 0 , o t , aaestrrtea I 1'Y:am['+crux:uvM..n..+us,..nwa.uli~.r N.r.mrta ORDINANCE NO. AN ORDINANCE ABANDONING A UTILITY EASEMENT AND PARTIALLY f ABANDONING A CERTAIN PORTION OF A DRAINAGE AND UTILITY EASEMENT, BOTH EASEMENTS BEING PART OF THE DENfON REGIONAL MEDICAL CENTER ADDITION AS RECOF.DED IN CABINET K, PAGE 356 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS AND PROVIDING AN EFFECTIVE DATE. i WHEREAS, the City of Denton has received a request for abandonment of a utility easement as recorded in Clerk's File Number 94-R0077738 of the Real Property Records of Denton County, Texas, and the partial abandonment of a certain portion of a drainage and utility easement as recorded in Clerk's File Number 94-R0077739 of the Real Property Records of Denton County, Texas; and WHEREAS, the Planning and Zoning Commission of the City of Denton, Texas reviewed the requested abandonments and recommended approval; and WHEREAS, the Council of tf.e City of Denton, Texas has determined that the utility easement described in Exhibit "A" and that certain portion of the drainage and utility easement described in Exhibit "B" are no longer needed for public use; and WHEREAS, that the process for determining the fair market value of the easements above, as applicable, pursuant to Sectio 1272.001 of the Texas Local Government Code relating to the conveyance of easements to abutting property owners who own the underlying fee simple, shall be followed in effectuating these abandonments; NOW, THERFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: i SECTION I. That the utility easement as recorded in Clerk's File Number 94- R0071738 of the Real Property Records of Denton County, Texas and described in Exhibit "A", which is attached hereto and made a part hereof for all purposes, and that certain portion of the drainage and utility easement as recorded in Clerk's File Number 94-R0017739 of the Real Property Records of Denton County, Texas and described in Exhibit "B", which is attached p hereto and made a pail hereof for all purposes, both easements being recorded in Cabinet K, Page 356 of the Plat Records of Denton County, Texas and recorded in Vr+lume 3245, Page 699 of the Real Property Recorrts of Denton. County, Texas, are permanently vacated and abandoned as public easements, to the extent described in said exhibits. t SECTION Il. 1hat by reason of such vacation, the City of Derton's property interest in is the vacated portion of said easements shall, by operation Uf law, revert to the owner or owners ,butting the easement herein abandoned, and the City a Denton releases any and all claims to the use of the vacated portion of said property as public easements. 1 8 none" L I} d r WAMMM +I SECTION 111. That this ordinance shall became effective immediately upon its passage 1 and approval. 1 PASSED AND APPROVED this the day of 1996• i .I , I ' i JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY { 3 i It APPP WED AS TO LEGAL FORM: i HERBERT L. PROUTY, CITY ATTORNEY BY: e. e .c , P~ y 4 f 4 ,z k t 1 1, j 't t~ • PAGE 2 19 r " sLt , s I I•: ZY I _ ~ y ~ r S 3 ;~Qg n t* 32 X a ; • f EXHIBIT `A' ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, in the M.E.P.& P. R.A. Co. Survey, Abstract No. 950, and being part of Lot 1R, Block 1, of the Denton Regional Medical Center Addition, an addition to the City of Denton, as recorded in Cabinet E, Page 356 of the Plat Records of Denton County, Texas, and being part of the tract convey#G to Epic Development, Inc., by deed recorded in Voluee 3745, Page 6l1y of the Real Property Records v! Denton County, Texas, and being Utility kasemeat Number 11, recorded as Clerk's file Number 94-20077738 in the Real Property Records of Denton County, Texas, and being more particularly described as follows BEOINNINO at a point in the west boundary line of said Lot 1R, lying South 63° 77' 740 Neat, a distance of 16.59 feet, south 48' 03' 41' Most, a distance of 40.00 feet, North 63' 57' S1■ west, a distance of 750.04 feet, and North 05° 59' 73' Nest, a distance of 791.45 feet train the intersection of the centerlines of Colorado Boulevard (an 80-loot wide rigbt-of-way) and Kayhill Road (a 170-loot right-of-way) THENCE Southwesterly along the west boundary line of said Lot 1R, a distance of 18.40 feet along a curve to the left, having a radius of 415.00 loot, a central ang.te of 07° 37' 76• and a chord bearing South 61° 07' 790 Nest for a distance of 18.40 feet, to a point at the and of said curve to the lefts J THENCE North 79° 07' 960 Nest, a distance of 17.08 feet to a point at the beginning of a curve to the lefts •1 THENCE Northwesterly, a distance of 34.67 feet along said curve to the left, having a radius of 197.00 Net, a central angle of 10° 70' 48' and a chord bearing North 34° 17' 57' Nast for a distance of 34.63 foot, to a point at the end of said curve to the left THENCE North 39' 78' 16' Nest, a distance of 38.55 Net to a points THENCE North 50' 31' 44' East, a distance of 19.00 feet to a point! THENCE South 39° 70' 16" East, a distance of 47.77 feet to a point at ' the beginning of a curve to the latt1 ' • THENCE Southeasterly, a distance of 41.08 feet along said curve to the ' • left, having a radius of 1056.00 feet, a central angle of 07° 13' 412 and a chord bearing South 40' 35' 080 Nast for a distance of 41.07 fee 4, 1 to the POINT Of BEOINNINO and containing 1,147 square feet of land. ) S ~f~:+- 95 K I o 32 X I q MURORAN „ k , f estMOnr , I . I EXHIBIT .SN 1 ALL that certain lot, tract or parcel of land lying u.d being situated in the City and County of Denton, State of ?::Ras, in the D4n1X1 Lambert Survey, Abstract No. 784, and being part of Lot 1R, Block 1, of the Denton Regional Kedical Center Addition, an addition to the City of ? Denton, as recorded in Cabinet E, Page 'SS of the Plat Records of Denton County, Texas, and being part of the tract conveyed to Epic a Development, inc., by deed recorded is Volume 3946, Page 699 of the Real Property Records of Denton County, Texas, and being part of an 80' , Clerk's rile !!+=e 94- as storied Dressage and Utility Easement* r h 10077739 in the Real Property Records of Denton County, Texas, and being more particularly eescribed as followsi BEGINNING at a point at the northwest corner of said Lot 1R, and being the beginning of a curve to the right# THJXCE Northwesterly, a distance of 44.79 feet along said curve to the \ right, having a radius of 1040.00 lest, a central angle of 09° 98' 030 and a chord bearing North 40° 49' 180 Nest for a distance of k4/79 loot, to a point at the and of said curve to the right THENCE North 39° 98' 160 West, a distance of 947.00 feet to a poir'.s THENCE North 50° 31, 440 East, a distance of 80.00 feet to a points THENCE South 39° 98, 16" East, a distance of 947.00 feet to a point at the beginning of a curve to the lefts t TRENCH Boutheasterly, a distance of 41.34 feet along said curve to the left, having a radius of 960.00 lest, a central angle of 09° 98' 03' and a chord bearing South 40° 49' 160 last for a diat.ncs of 41.34 loot, to a point at the end of said curve to the lefts r E THRMCE Oouth 481 03, 41" Meet, a distance of 60.00 lest to the POINT OF . BEGINNING and contain!ng 0.533 acres (93,905 square feet) of land. 4 a~ iu r, r W I}~~ r ~ ry fq . 16SQ'FTnY ~'.,.2•I Q ~7 ti"r Y ~u 2X WON • syavr, , A f Agenda No __LIG ~Gl1 Agenda Date.- AGENDA INFORMATION SHEET i AGENDA DATE: June 2,1998 DEPARTMENT: Engineering & Transportation CM/DCM/ACM: Rick Svehla, Deputy City Maoage<6 SUBJECT f Consi kr an ordinance partially vacating a certain easement for the construction of local electric service lines from Lakewood Estates Partnership to the City of Denton by easement dated March 3, 1983, and recorded in Volume 1200, Page 803 of the Deed Records of Denton County, Texas; and providing for an effective date, BACKGROUND The subject property is a 2,991 acre tract located at the northeast corner of Teasley Lane and Robinson Road. The easement granted u, 1983 is a blanket-type easement for construction of local electric service lines to sere are Lakewood Estates Mobile Home Park, located adjacent to the subject property. The blanket easement description includes the subject property, although this tract was reserved for future devetopmcnt at the time the mobile home park was platted and developed. Subsequently, a commercial strip center was built on the subject tract and easements were granted by separate instrument to accommodate a.) utilities within the boundaries of this property. Ziff Investment Partners currently owns the subject tract and is requesting abandonment of that portion of the blanket easement which affects the 2,991 acre tract. They have granted to the City a separate easerr.ent for future utilities along Robinson Road, in exchange for the requested obandonment, PRIOR ACTIONMVIEW (Councl], Boards, Commission 1 The Development Review Committee recommends approval i : The Planning dt Zoning Commission recommends approval • FISCAL INFORMATION None. r, j a Attached. Respectfully submitted: Pr pared b : ) ark, Director En 'Peering & Transportation s 1L41~ti~, - Steve l0 son Technical Assistant .r 2 .5 10 3-2 X 0-1 6 C 1 rx~nr Y_ i \ N a. j i • ~ SITE ~ l o ~ . 2 0 v 1440 i ANTENNA f 130 N .o NO TH FORTY C. 8631 v fl r= r o 2 1 0~~ HILLSIDES 'o ~ %alk, o t ' ©1=4 4 pJJ Z d QQ OR CH 40 10 10 11 4 t 420 G (T 0 , 10 W o C3 a 3 f,. a 25 x I~ 32 X I O • ' o n I Eau" :OGX I W. R . n~csr 2I8•16 emu, ! . 7JL IP -y. . • r• 41 102'0 611E N' Y ' `f r~ \ , I n4 k l!! .w ANNA ^I w '-p !t K~,.V ~~•rql ~ Ka \.~w ~,~.-""~''I npt fullK N~r Cam` ~ I I p r oJS2J9', BLOCK 1 R . WAS?' ' I t 99.59'+°' . Y { CB- NOJVJV9' w , . {Y V i CON 99.97' rr r .l °`Srw. i' f 1 i to I L L, Me. 1 me r I •.I i I lv• _ I • i Ira ._a,. !-r I r oes Not { r. .1 I JAC, all" V1 ~ .,I ~.I~.' .NCI:. { ~ ; I; S 2.991 ACRES 1 s 130,301 SO, FT, .z h e r II rp P. } PROPOSED 89 L7lLr Y ' F EASEMENT wnrrAN.. IMF I .,.I ~I I. low" ANANa!walNlnPl. = ANM °r;AN/ rd~1•AN ,'1, a ~~~'1 •r ~ ~I I BEGINNING ~~w► g~ %Iwr PCL R0.R AWARpV ~-9 GMft C'{ I Q , r 1~ e W K rlf aff or Am-m% AW j 1► COtN1 ' UCEND ROBINSON ROAD z1 7•~ 0,,; la VAMAKE NOON "T.0 w,ll '~s0...s.., 4 ~,~1C1 32XIQ r EXCERPTED ORA" MINUTES r PLAN NINO AND ZONINO COMMISSION May 16, 1196 The regular meeting of the PlannN and Zonlq Commleabn of the Coy of Denton. Tense was held on Wednesday, i May 13, 1996, at 6:30 p m., in the City Counc9 Chambers N Coy Hal, 213 East Mc may, Denton, Tense. ? Present: Eetsbath Gourdls, Susan Apple, Um Hoover-S&aft, Roby Moreno land Arm Erqob*uM Absent, Bob Powell and Carol Ann Garner 1! Present from Staff: Eddie Mahn, Assistant City AWmay: Mark Donaldson, Assistant Director of Pk mhg: Jerry Clark, Director of Enpkeerb%oVTrsnsponatlon The msetkg was caned to order at 6:30 p.m. a 10. Comlder maktng a recommendation to City Council for tM tie le easement abendorknent located on the northeast caner of Teasley Lame and AoWmeon Rod. Chairperson Sdert: Correlder making a ra mmwW&tbn to Coy Council for the partW sawwvl sbendonmeM bcetd on the northeast oorner of Teniey Lane and Rabiaon Road. Mr, Jerry Clark presented the staff report. Mr. Clerk: Modern Chen, members of 0e Commission, we will Uy to 9M you bated first We are bated down on Teasley Lane at Robinson Road, You an see our W" arrow pok" to this comer. Here Is Robinson Rod and here Is Teasley Lane. Hers Is the Lakewood Estate Moblle llm Pak and this Is the trod thal wo an to kkg stout Currently, the whole trad Is an electric utWty raeement; 9 was done when then wen other dwebpment scenarios DNrg considered hen. The eiectrb utility Is settsfled that this elghd-foot easement that will run all the way scross the Robinson Rod hontspe will take the plea of that easement and will satisfy all 0a rods. TM Development Review Committee would reoanmarW approval of this abandonment and the eoosptena of the new easement. Cheirpsrsom ScMru: Thank you, Any discussion, or questions, of a motion? Ms. aourdie: I mow that we moomnand to the Coy Couno9 approval of the penial abandonment of the blanket esswerd as 9 ~a this 2 991•sae ex" trod, Mr, EngelbrechC Second. rChairperson Schertz: A mctbn has been made and second. And 1 will ask Commissioners to please ON MeN votes Ail righl, then I will please ask the Commissioners to please ale 1MIr votes In favor by nkN 1MIr right . hands. And the motion poses unonknousy. (S -0) Thank you, LkMe. t I r, • e t 4 y , e rasaw. 1 i I ORDINANCE NO. AN ORDINANCE PARTIALLY VACATING A CERTAIN EASEMENT FOR THE CONSTRUCTION OF LOCAL ELECTRIC SERVICE LINES FROM LAKEWOOD ESTATES PARTNERSHIP TO THE CITY OF DENTON BY EASEMENT DATED MARCH 3, 1983, AND RECORDED IN VOLUME 1200, PAGE 803 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton has received a request for the partial abandonment of a certain casement for construction of local electric service lines; and WHEREAS, the Planning and Zoning Commission of the City of Denton, Texas reviewed the requested abandonment and recommended approval; and WHEREAS, the City Council of the City of Denton, Texas has determined that the easement for the construction of local electric service lines being vacated is no longer needed for public use; and WHEREAS, the Council directs that the process for determining the fair market value of the said casement, as required by Section 272.001 of the Texas Local Government Code, shall be followed in effectuating this abandonment; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION L That that certain portion of the above-referenced easement for the construction of local electric service lines, dated March 3, 1983 fiva. Lakewood Estates Partnership to the City of Denton, Texas, recorded at Volume 1200, Page 803 of the Deed Records of Denton County, Texas; which portion being vacated is more particularly set forth and described in Exhibit "A" attached hereto and incorporated herewith by reference; is hereby vacated and abandoned as a public easement to the extent described in said exhibit. Provided, however, that there is expressly reserved a public utility easement evidenced by an "Easement" executed by Ziff Investment Partners, a Partnership, to the City of Denton, Texas on May 8, 1998, being recorded as Document No. in the Real Property Records of Dcnton County, Texas, pertaining to that one certain 2402 square foot tract or parcel of land described therein, lying and being situated in the Stephen Hcmbrie Survey, Abstract No. 643, in + j the City of Denton, Denton County, Texas. SEC] ION 11. That by reason of such vacation of the City of Denton's property interest in the vacated portion of said casement shall, by operation of law, revert to the owner or owners abutting that portion of the easement herein abandoned, and the City of Denton releases any and all clr.ims to the use of the vacated portion of said property as a public easement. @ to SECTION jjL That this ordinance shall become effective immediately upon its passage ! and approval. 6 r~ 10 32XI❑ r n of k a I a w 1 I~ J rl , i A; PASSED AND APPROVED this the day of I X96. e 4 ~I E JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY Ih BY: _ APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY:~ T, ~ 4 S ~Y [AsnsnbAdlnmcq' W nR a.wnmi ,IrnAnm~n !e y 1 i 1 1 t I S? I ~l 1 F I r Page 2 9 y :A11a I 25 x 32 X s meows , ZAMM" EXHIBIT "A" PORTION OF LAND TO ABANDON ASEMENT RECORDED IN VOLUME 1200, PAGE 803 ' Being a 2.991 acre tract of land situated in the 5. Hembrie Survey, Abstract No. 643, Denton County, Texas, and being a portion of Block i of LAKEWOOD ESTATES MOBIL HOME PARK, an Addition to Denton County, Texas according to the Map or Plat thereof recorded in Cabinet C, Slide 193 of the Plat Records of Denton County, Texas, said 2.991 acre tract being more particularly described as follows: BEGINNING at an iron rod found for the intersection of east right-of-way line of Teasley Lane (a variable width right-of-way) with the north tight-of-way line of Robinson Road (a variable width right-of-way), same being the southwest corner of Block I and being North 01 degrees 07 minutes 29 seconds West, a distance of 35.53 feet from the southwest comer of said Addition; THENCE North 01 degrees 07 minutes 29 seconds West, along the east right-of-way line of Teasley Lane, a distance of 294,98 feet to an iron rod found for the beginning of a curve to the right having a central angle of 03 degrees 32 minutes 39 seconds, a radius of 1471.57 feet, a chord bearing of North 03 degrees 03 minutes 49 seconds West, and a chord distance of 99.57 feet; THENCE cont;nuing along the east right-of-way line of said Teasley Lane, an arc distance of 99.59 feet to an iron rod set, said iron rod being southerly an arc distance of 727 81 feet from the western most corner of said Block 1; THENCE over and across said Block 1 the following calls. North 78 degrees 02 minutes 07 seconds East, a distance of 218.76 feet to an iron rod found; South 61 degrees 32 minutes 01 seconds East, a distance of 12377 feet to an iron rod set; South 01 degrees 44 minutes 24 seconds West, a distance of 39000 feet to an iron rod sct in the north right-of-way line of Robinson Road; THENCE North 88 degrees 15 minutes 35 seconds West, along the north right-of-way line of Robinson Road, a distance of 300.00 feet to the POINT OF BEGINNING and containing 2.991 acres or 130,301 square feet of land more or less and being subject to r any and all easements that may affect O • 8 r 25 x~ 32x10 I i r e 1 i Apenda Itei _ Gale AGENDA INFORMATION SHEET I AGENDA DATE: June 2,1998 DEPARTMENT: Engineering & Transportation CM/DCM/ACM: Rick Svehla, Deputy City Manager SUBJECT Consider an ordinance abandoning the west 8 feet of a 16-fbot Utility Easement at the rear of Lots 8 and 9, Block 4, of Willowcreek Addition, as recorded in Volume 7, Page 20 of the Plat Records of Denton County, Texas; and providing an effective date. BACKKG OUND Habitat for K: inanity of Denton, owner of the subject property, has granted an Woot wide utility easement at the front of the two lots and in exchange, is requesting abandonment of the west 8 feet of the existing 16-foot utility easement located at the rear of the property, This will increase the buildable area on the two lots and allow for more favorahle site planning. There are no utilities constructed within the proposed abandonment area. PRIOR ACTIONIREVIEW (Council Boardgsommissloasl The Development Review Committee recommends approval The Planning & Zoning Commission recommends approval FISCAL INFORMATION None. s Attached. Respectfully submitted: ' • Cpa"A- I Prepared by: J lark, hector E meering Il Transportation Steve Johnson Technical Assistant u I I ti..~~r 25 ^ 32x c - SPA" d o i PRAIRIE y<W 1 J t ~N u VILSON MORSE NORSE NO SCALE ay q MCDONALD sci"trE : i S~O~t RAM Y J ktq~ f` SMITH SITE C~ \`1 7 fl 'P SHADY OAKS D9- SANTA , OJ`yy~ FE VILDERNfSS 4 au jCi DCCR TRAIL & O J Y rOx HOLLOV MOPKINS DR ~ q • f~~Lf PIPING ROCK LN ~ ANGELIMA SEND DR / a 0 G CANYON LV r 1 D Nos~c~ orE~ 2 - 10 32XIO i 1 I Lot 7 / N / v,I. Lot 8 160' / / Lot 9 t Lot 10 / v Existing 16 Lot U Utility Easement I ff"~~fe y I Sf reef I ' I WWA Addlfon I Ikluiw 1, hp so I PYt Woord~, , I Ow" OMM TaM Ik Proposed Abandonment (S' Wide) Proposed Utility Easement (C Wide) - t t r' I City of Denton Engineering & Transportatton Department ; LH Right-of-Way Division D.o.Mw i, its? r: 3 k c X L.I 7 4 r1 32 s rsrtrz-.. ' o ` E Planning o.1d Zoning Commisslon Minutes March 25, 1998 Page 20 of 23 18. Consider recommendation to City Council the parti.l utility easement abandonment of Willowenek Ae,4j n, Lots 8 and 9, Block a. Chairperson Schertz Item 18--consider recommendation to City Council the partial utility easement abandonment of Willowcreek Addition, Lots B and 9, Block a. Mr, Salmon, please. Mr. David Salmon presented the staff report Mr. Salmorc This particular obandonme rt is of a utility easement and an existing utility easement In a subdivision located on Minor Circle off of Kerley Street near Shady Oaks Drive, Habitat for Humanity Is proposing to build some houses on, I think, four lots there on Minor Circle. As illustrated, there is currently an existing 18-foot utility easement that runs along the backs of Lots 9 and 8. As you can its, these lots are pie-shaped, and they are particularly shallow lots, By the time you do a 25-foot bulldisg line set NO on the front and then you have a 18-fool-wide utility easement on the back, the building envelope is such a shape that N Is almost Impossible, 0 not completely Impossible, to build a normal house on either of these lots So, Gordon Meredith with Habitat for Humanity bps requested that the City abandon the 16-foot utility easement. I believe there arm some facilities In the very eastern portion of the easement, which we have left in white. But through going through the Development Review Committee, we've determined that there era no utilities in the western eight feet of that easement. And all of the appropriate entities agree that that eight-feel could be abandoned. In exchange for that though, the owners ut the lots would be willing to granl an eight-foot utility easement along the fronts of the lols which will not affect the building I!` envelope because that eight-foot easement will be in front of the normal 25-foot building line set back. So, typically our City utilities prefer to be In a front lot easement as opposed to a rear lot easement anyway. So, the new easement will be much more usable and accessible for City crews, part cuter y electric utility department. So, I think in this case, we are helping make these lots more buildable, and, In addition, we are gerting an easement that will. I think, be more usable, So staff Is recommending that this particular, the western half of this utility easement be abandoned. Chairperson Schertz: Thank you. Are there any questions? Seeing one, I would entertain a motion, please, Ids. Apple. I move that we recommend to he City Council approval of the partial utility easement obandonme N on Lot 8 and 9, Block 4, Willowcreek Addition In exatange for an eight-foot public utility easement along Ca street frontage of the two lots Mr. Engelbrecht: Second, Chairperson Schertz. Thank you, Motion was made by Commissioner Apple and a second by Commissioner Engelbrecht Any discussion? I would ask the Commissioner& to please cast your votes The voting lot comple!e and I wilt display the results, And it passes unanimously 6-0. (8-0) It. Consider recommendation to City Council the perVal drainage emmoment abandonment at 808 Lakey Street Chairperson Uhertz: Item 19-consider recommendation to City Council the partial drainage easement abandon- menl at 608 Lakey Street. Mr, David Salmon presented the staff report Mr. Sstmon: Madam Chair and members of the Commission, BOB Lakey Street Is the St. Andrew Church of God. It Is located on Lakey Street adjacent to the existing drainage channel. This property Is adjacent to our Pecan Crook Tributary a drainage project that we've spoken to you about on a couple of different occasions over the peat several months on this Instance this Is a little hit different than a normal oasement abandonment. The parcel we are looking at abandoning la the darkened In or blaUce ad In biengular orej on the map. What I'm illustrating i"he church Is going to dedlcole the areas that are highlighted In pink to the City as new drainage easement In exchange for rel"sing the ores that's shaded In block Just as on interer,ting sidelight or note, this entire rectangular area, whk;h includes a 51ack lr angle, Is a place of property that no ons seems to awn. There Is a dralnage channel then. Wa'va rf,rne extensive deed research; in fact, even our consulting engineers that are working on this project harts done O extensive deed research. It appears that all the deed lines In this area of Sown are very confusing and some of them 1 r don't malch up. This teems to be @ I,ttte area between deed lines that nobody appears to own. So, in ibis instance, who! we are doing is giving up the City's right to use this area shaded In black for drainage purposes. The drainage channel wilf be Somewhat rely-sled from where it currently Is, and we will no longer need this area shaded in black. Right now, there is a channel there; but when the new channel is buill, N will 'A moved 1019hlty to the south and will not be In that black area. Staff Is recommending this to help move cur Pecan Creek Tributary 4 drainage along, 4 ' - IMI`/'10.b OyumM~afRI1~Y Alnflwld ORDINANCE N0. AN ORDINANCE ABANDONING THE WEST 8 FEET OF A 16-FOOT UTILITY EASEMENT AT THE REAR OF LOTS 8 AND 9, BLOCK 4, OF WILLOWCREEK ADDITION, AS RECORDED IN VOLUME 7, PAGE 20 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Habitat for Humanity has granted an 8-foot wide utility easement at the front of Lots 8 and 9, Block 4, Willowcreek Addition in exchange for the proposed abandonment of an 11-foot portion of a 10-foot utility easement at the rear t f such lots which is recorded in Volume 7, Page 20 of the Plat Records of Denton County, Texas; and WHEREAS, the Planning anJ Zoning Commission of the City of Denton, Texas reviewed the requested abandonment aid recommended approval; and WHEREAS, the Council of the City of Denton, Texas has determined that the utility easement described in Ex$ ;5it "A" is no longer needed for public use; and WHEREAS, that the process for determining the fair market value of the easement above, as applicable, pursuant to Section 272001 of the Texas Local Government Code, relating to the conveyance of easements to abutting property owners who own the underlying fee simple, shall be fAowed in effectuating this abandonment; NOW, THERFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: { i SECJION L That the portion of the utility easement identified as the west 8 feet of a 16-foot easement at the rear of Lots 8 and 9. Block 4, Willowcreek Addition to the City of Denton, Texas, being recorded in Volume 7, Page 20 of the Plat Records of Denton County, . Texas, is permanently vacated and abandoned as a public easement, to the extent described in Exhibit "A" attached hereto and made a pan hereof for all purposes, SECTION II. That by reason ot'such vacation the City of Denton's property interest in the said easement shall, by operation of law, revert to the owner or owners abutting the easement herein abandoned, and the City of Denton releases any and all claims to the use of the vacated property as a public easement SECTIOtJJU That this ordinance shall become effective immediately upon its passage and approval 5 ii t v • F Ir 1 0 ti 1 fr L r r r 1 , n"~. Y A. N•Y♦y.., ura.MS.i.bii• w♦V . unr....• I' 'i. • Ir.xtirsno. o-.erwwexwaiu.►r..+r PASSEJ ATID APPROVED this the day of 1~8• I "r JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY i APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 1 Y I ` 1 , i 1.. 1 i rI f lI f I fJ. 1 PAGE 2 - - - 4 ~r l ~ d 32x 25X ~ ~ • o .~ttwl'++N4tJr ,t k. t,•.. .!°.I'°N:'St'.~G:C1'4vM 1rn.ro.... ua,a ;»r.,em.a.w r.... ~ MIdIT W ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, state of Texas, in the W. Teague survey, Abstract No. 1266, and being part of Lots 9 and 9, Block 4 of the Niliowereek Addition, an addition to the City of Denton as recorded in Volume 7, Page 20, of the Plat Records of Denton County, Texas, and being part of the tracts conveyed to Habitat for Humanity of Denton by deed recorded as Clerks File Number 97-20026970 in the Real Property Records of Denton County, Texas, and also being the %est 1 feet of a 16 loot utility easement at the rear of said Lots s and 9, and being more particularly described as follows COMMMINO at the southeast corner of said Lot 9, same being the northeast corner of Lot 14, of said Block 4, of Nillowereek Additions I T82NC2 North 46° 01, 000 Nest, along the south line of said Lot 9, a distance of 19.35 loot to a point GL the intersection of the west line of said 16 loot utility ease ;at, same being the POINT OP B2aI~D►INar TMMX North 10° 40, 00• most, along the vast line of said 16 loot utility easement, a distance of 216.73 toot to a point for corner on the northwest line of said Lot It TNBNCR North 42 s 26 $O• But, with the said northwest lima of Lot , 1, a distance of 15.25 lest to a point for corners TRYNCB south 100 41' 00• Nest, parallel to the said west line of the 14 loot utility easement, a distance of 234.91 lest to a point for corner on the south line of said loot 9r ' TR2NCB North 46° Oil 402 Nest, along the said south line of Lot 9, a distance of 9.69 !wt to the POINT OF 910rNNINO and containing 1122 square lest at land. S . E ry 32 X y I e c i" Agenda No ~iLi?l L Agenda Item Date - AGENDA INFORMATION SHEET AGENDA DATE: June 2, 1998 DEPARTMENT: Engineering & Transportation CM/DCM/ACM: Rick Svehis, Deputy City MsnsgerVS Sli1~J~ Consider an ordinance abandoning a Drainage Easement on the west 15 feet of Lot 24, Block C, of Hickory Creek Heights Addition, as recorded in Cabinet N, Slide 101 of the Deed Records of Denton County, Texas; and providing for an effective date. BACKGROUND When the subdivision was originally platted, an error was made in the final plat drawing, The drainage facilities were actually constructed along the west line of Lot 23, Block C, rather than along the west line of Lot 24, as shown on the plat. The owner granted s drainage easement, by separate instrument, for the west 15 feet of Lot 23 end is requesting abandonment of the platted drainage easement that affects Lot 24. There are no drainage facilities constructed on Lot 24. PRIOR ACTION/REVIEW (Council, Bosrds. Comminlossl The Development Review Committee recommends approval The Planning & Zoning Commission recommends approval FISCAL INFORMATION None. M~r^ I L~ Attached. Respectfully submitted: • Prepared by: Jar 4 ector E neering 81 Transportation A -4~ Steve Jo son I I' Technical Assistant ` . r I 7 7 mq&MRALM~MMA visa F yr : . I ',I 1 yL , I • t 1 •i J 0 IF 1 i4 Ir~rarm k ~ r 1J ~11 1 IF I G a~ STATE SCHOOL SITE x t 9 I I 9 . C9 NORTH FORTY ---0 , RYAN RD, 0 0 :,I 2 W w it Sl E a o t.`! a WILDWOOD LANE ROBINSON ROx F I t r, I ] I IF r! 1 x~'r N r' . f {I'lu 4;' f I• { - Ix V I' 32 rx " 61 e i 0 'Clow" EXHIBIT "A" PROPERTY DESCRIM)ON Bong N Woo 150 bet of lot 24, Blad C. H4oy Creole HeVos A ftm to to cor of DwAon per plot rec«ded in Cabinet N, side 101, Deed Recardl, Denton County, Tmoo. 1 i 988.OT' 18"E 793.541, w,. i I~r e~°ioa PA 0" =KC r ■ w7 II_ 1 g 1M1 n}f! ~i4~ Mewl N ~L L 70 i a cKA i~d RL I 1 Aw- y°r 1 ROAD , LACKEY D. H01N i ProjettlAIANCOWD MOOT Job 03-0I45.0t HICKORY CREEK HEIGHTS AN ADOMON TO THB CITY OF 0"ON, ' WON c"m, TVAS, IN " mi SMOMee In wtekLY D, ttorrA FIMi it BUMY, AUTUa Me. 1016 HUITF ZOLIARS tpp 10a BO' 01 100 :oo' atnlisro"dotiir o f t l P t. t Mtatkitacn 7 25 Y 32 x~Q 0 o e Planning and Zoning Minutes March 11, 1998 Page 83 of 64 Chairperson Schanz: rm correct. Okay, we don't know N there is going to be :wo or one. And the only other comment that I would like to make and I know Commissioner Engelbrechl and I have disagreed before on another Issue similar to this is again, here we have a garage thst s old and dilapidated and just sitting there Is this way We been described, I haven't seen it I've just listened to the description, and we have somebody that is willing to , upgrade 8 and make b kook more attractive and provide" environment that Is necessary . And, I've been old by staff that adequate partying can be had and owmuse of that I'm going to be voting In favor of it. Are there any other comments? Seeing none, t will establish the voting control, I will start it and I will ask everyone to please cast your vote. The voting Is complete, and I win display the results. And 4 passes 3-2 with Commissioner Gourd;* and Commissioner Engelbrechl voting against Thank you for your time this everting. (3-2) ITEMS FOR INDIVIDUAL CONSIDERATION 10. Consider making a recommendation to City Counclr concerning the partial easement abandonmvnt of Lots 1 and 2, Block A of the Pebble Brook Addltion. Chairperson Schertz: We win now go to Item 10-0onskler malting a recommendation to City Council Concerning the partial easement abandonment of Lots 1 and 2, Block A of the Pebble Brook Addition. Mr. Salmon will be sddrissing that. Mr. David Salmon presented the staff report Mr. Salmon: Madam Chair and Members of the Commission. We've got two of these this evening. The first one Is o ' partial easement abandonment of an electrical easement et the oils of the proposed Pebble Brook Apartments that I think you saw either it your Iasi meeting or the meeting before that, I guess just to make this real quick--back In the 1940s, it was very common for electric utility companies to obtain what was called a blanket easement and basically that allowed them to put in facilities in that area. This was done bock in the 19401 for the Brazos Power Company, which, of course, is no longer-the City of Denton owns rights to that easement now. The line that'o in piece In that area-that this easement covers-IS on the west ode of Loop 288; you can see the heavy black line on the drawing. I guess to put n in a nutshell, we don't feel we need to have the blanket easement on the east Iwo of Loop 288 because it doesn't serve any purpose, because the line is actually on the other side of Loop 288. 1 think the Pebble Brook Apartment people are anxious to get this easement removed from their property to help War up their title so they can close on their property and all that good stuff. Staff Is recommending that we do a partial abandonment of this blanket easement-al least the portion that encompasses the proposed Pebble Brook Apartments. Chairperson Schertz: Thank you. Are there any questions? Seeing none, I would entertain a motion, please. Ms, Gourd* I move that we recommend to City Counal that the portion of the old Brazos Power line easement that encompasses the proposed Pebble Brook Addition be abandoned. Mr. EngtebrechL Second. Chairperson Scheru: Thank you. Is there any discussion? Seeing none, !9I ask the Commissioners to please cost their votes. Voting is complete, and I will display the results, It passes unanimously, (5-0) It. Coneldor making a recommendation to City Council concerning the drainage easement abandonment of lot 24, Block C, the Hickory Creek Heights. • Mr. David Salmon presented the staff report Mr, Salmon: Madam Chair, Members of the Commission. Looking at the baton mop, this Is 04 Hickory Creak Heights subdMslon w!'ch Is located 'n the southwest comer of Rysn Road and Teasley Una. This ptertwisr easement Is located in thu eastern port n of the subject subdlvison about four, five or six blocks off of Tesllay Lane. YVhst happened here Is that when the i roperty was platted they planed a drainage easement and after the plat was flied and Hier construction began they realized that the drainage easement would work much better 811 was moved over one lot. So, what the apple Ant did of that point was Isis a new easement by a separate document which is ft • easement that to shaded kr pink and they never used Ore easement Provided by the plat which la shaded In yeliow. {1 • Now of courts, the applicant is coming back end asking that we abandon the essement that was pla8ed, the one that ► Is shaded In yellow, because k was never listed and they crested another easement to take its ptaca and Chars when the drainage facilities really are, go as there ere no drainage facilities In proposed abandoned easement staff Is recommending that that easement be abandoned. 4 ~Ps 32X i 0 I Planning and Zoning Minutes March 11. Page 64 of 64 Chairperson Schertz: At this time I'm going to withdraw my vote. I work with the people that develop Hickory Heights and I wld ask Mr. Donaldson to conduct the meeting at this point. Mr. Donaldson: Do we have a motion? Chairperson Schertz: There where we an. r Ms. Apple: I mow that we recommend to City Council that the drainage easement a" the wool side of Lot 24. Pock C, of the Hickory Heights Addition be abandoned. 1 Mr. Engelbreoht: Second. Mr. Donaldson: It you would cost your votes so that Ellen doesn't have to manipulate k Chairperson Schertz; Do we still hove majority? Mr, Donaldson It should'still... Chairperson Schertz: Yee, we do, Mr. Donaldson: Motion is approved 4.0. Chairperson Schsrtt: Thank you Mr. Salmon. DIRECTOR'S REPORT Chairperson Schert::: We will now have Iha Direatofe Report which includes Council Action and any Future Agenda hems. Mr, Donaldson: At it's March b'v meeting, City Council approved the Pebble Brook Apartments detailed Development Plan by a vote of 5-2. The two descending votes expressed concern about the existing "Me conditions in the area and hew approval of new development might add to that. They also considered the Landscape Ordinance and elected to postpone any vote on h and have scheduled another workshop of their March 24^ Work Session. Major Issuer' wars, kind of focused In on the appllcobility of the 2=0 rule to eommerdal and Industrial type projects and the appti-ability of the ties "Irlment for residential projects. So those Issues and many others will be addressed on their Work Session on the 24 . Ne also ProvWed for you the normal summary of zoning and platting cases that are In the pipeline. Also at Council's mating next week they wl1 appoint the Planning and Zoning Commission es the Impact Fee Advisory Sued. Which means... Chairperson Srhaft: We forgot to show up and they look a vote. i Mr. Donaldson: That you will be recommending to them a Ave year CIP program for w4ler, wastewater and other capital Improvement projects, Water, wastewater, drainage and transportation. those four Issues. Then will be at least one edditionat member appointed as that body and that member has to be a resident of tM ETJ. So for several M of the next upcoming meetings, we will be wokking es three different bodies. The Impact Foes CIP Advisory Board. the CIP Advisory Board In conqunetion with the PUB and too Planning and Zoning Commission, so we vAl have a kind of convoluled agandes. But We will try to afarlfy what group you are at any moment and lre it on ft panda. So • through J-rne, essentially, with those two groups owMykp the regular P 8 Z Commlsslons agencies it evil be busy. Trial's IL I Chairperson Srherfz: 1'1 conclude this evening and I again want to thank the Commisaionen for yew tkne two evening, I don't think h was taken for granted, Thank you. , P/2031 loom INVIts doe ' i S Oil ~h0 32JU IiIM@1NiI'[al!f, Pew~rgrlwwMl4vM~1.iMM U•N••••1. ORDINANCE NO. AN ORDINANCE ABANDONING A DRAINAGE EASEMENT ON THE WEST 15 FEET OF LOT 24, BLOCK C, OF HICKORY CREEK HEIGHTS ADDITION, AS RECORDED IN CABINET N, SLIDE 101 OF THE DEED RECOP DC OF DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, when the Hickory Creek Heights Addition was originally platted an error was made indicating drainage facilities along west 15 feet of Lot 24, Block C when in fact the facilities were to be built along the west 15 feet of 11 23, Block C and the error has been corrected by the granting of a drainage easement as recorded in Clerk's File Number 98- R002511 It of the Real Property Records of Denton County, Texas; and WHEREAS, the Planning and Zoning Commission of the City of Denton, Texas reviewed the requested abandonment and recommended approval; and WHEREAS, the Council of the City of Denton, T( K83 has determined that the drainage easement described in Exhibit "A" is no longer needed rur public use, and WHEREAS, that the process for determining the fair market value of the easement above, as applicable, pursuant to Section 272001 of the Texas Local Government Code rehting to the conveyance of easements to abutting property owners who own the underlying fee simple shall be followed in effectuating this abandonment; NOW, THERFORE, THE COUNCIL OF THE C11 Y OF DENTON HEREBY ORDAINS: SECTION I That tk.- drainage easement identified as the west 15 feet of Lot 24, Block f C, Hickory Creek Heights Addition to the city of Denton, Texas, being recorded in Cabinet N, • Slide 101, of the Deed Records of Denton County, Texas, is permanently vacated and abandoned as a public easement, to the extent described in Exhibit "A" attached hereto and made a part hereof for all purposes S> ON-IN lI, That by reason of such vacation the City of Denton's property interest in the said t isement shall, by operation of law, revert to the owner or owners abutting the easement herein abandoned, and the City of Denton releases any and all claims to the use of the vacated property as a public ea..ment. 0 M10N l11 That this ordinance shall become effective immediately upon its passage and approval 6 y oy 25 x Ia 32X111 now r! air I 0 . „ • r . 1(yp•n~~~p~„rt~.Rl{ds,L1•diY~1W'R~r . 1/ i PASSED AND APPROVED thie the _ day of 1098• . a a i i JACK MILLER, MAYOR i ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY cll~ 4? c~ 1 . a'7 r: ' a r, r E f, PAGE2 " 7 2 lo 3-2X . y, erena■ EXHIBIT 'A' PROPERTY DESCAPTION Be;4 Me Wed iS,0 {eel o) Eot 21, Bto& C, Kdory Creel Heiphh AddAion to d+e cip of Conlon per plat recorded in Cobh* N, SlIde 101, De,d Reco.de, Denton Comp, Two. I l I r SB9•D7'IS"E 793.51'F 1 NErI li 'alMOe ►VI r. 1 , M e.rt ~B CK C • r r f s v g I1 v p E I 9 111 el at i B CK A r ; h 1 RE , I I J?M fl°~°PpatCOl r 1 ROAD 1 I I 1 1 I ~ t`r•~~ eke're~ 1,'E~EY o. rlLriv~l ~4s37 goo ~ ~ II eL ►releehlf"NDOwEO USEKwi ~ .ry +1 Joe Nu 03-054S.01 HICKORY CREEK HEIGHTS Dare 01-21-99 AN ADOMON TO THI CITY Of OWON, • • prowrL 14, 111 VILL144 DENTON COUNTY, YVAS, IN ME !EI CMdced Fri YICAEt D. MOOELI fN.•T.ETT Row, "MAO No. lols U HUITT ZOLLAPS nt• t.PS Nc 100' SO 0 100 200 o~fr aiNie~I}~s;~Efot~° 1ovussaodonrtleo ef•lE9, I A f t 8 l I~ 32X 26 r ~'i . / ~ gyp.' t 0 laevsra „ , 0 Agenda No. Agenda Item Date AGENDA INFORMATION SHEET f I I AGi:NDA DATE: June 2,1948 DEPARTMENT: Engineering & Transportation CM/DCM/ACM: Rick Svehla, Deputy City Mansger:Q5 SUBJE~ j Consider an ordinance of the City of Denton, Texas, abandoning and vacating a portion of a Drainage Easement at the rear of Lot 20, block B of Northwood Addition Twelfth Installment, an addition to the City of Denton, providipg for the reversion of the City's interests in said land; and declaring an effective date, j16&KGROUND Kelly J. Thomas is the owner of the subject property and has requested that this casement area be abandoned in order to construct a fence along the perimeter of the existing drainage channel. j The City recently improved the drainage channel alignment, which now precludes the need as drainage easement for the proposed abanuonment area. However, the channel improvements encroached two feet beyond the existing utility and drainage easement, which adjoins the area of request. The owner has granted an additional easement to resolve the encroachment in exchange for the proposed abandonment area. There are no facilities constructed within the proposed abandonment area, PRIOR ACTION/REVIEW (Council. fterds. Commissional The Development Review Committee rabntmends approval The Planning & Zoning Commission recommends approval FISCAL INFORMATION ' None.` Attached. RespectihlIy submitted: i ,el h a ~ Prepared by: J Clark, irector • Engineering & Transportation teve Joh Technical Assistant • ff a , ~ ' Su` 7^ w t 0 ~o Op KINGS ROW N ' W U z a m LA PALOMA WINDSOR a u 0 3 0 w u J I! f a *SITE r a MGR z i TREE /yC o oNi) N • i ~ FOXCROFT J~4 UNIVERSITY DRIVE 2 10, 32 x f 0 Av"IN • TO All PMTtlt DtRlCTLY INTEREiTED IN THE PREMISES SURVEYED 1 I have fib dale dlroaUd a eveU and aceutaa survey made on fie ground of the popsrtIryy.ocoled al 2301 Cooper branch EaM, In me CRP of Donlon, Donlon Counts. Tern and b" lot 201n Block I of NORTHWOOD ADDITION UTH INSTALLMENT, an eddisarn to fie CRy of DeMOn, Denton Cow4j, Taxes, ' accordhrg %fie PIN fiereol (worded in Calomel 0. Pages 1 T b 10. Plat Records. Donlon CouMP, Terse, and under CorNkate of Cwrecson nwrded in Volume 2395, Page 711, goal Properly Records, Donlon counIx Tuu t' . COOPER BRANL;H EAST IWILOW,f R~la1 Cr LOT 11 ' ~RrniR i f ~ Je~y 00 l r\' FX,OFe4E0,, AOMO A44 +er Ad sop TA grISMA4'[ pAA W A4 p [A►/Ma LOT 19 Y ,1 1241 W: t,3 ter chdgrk r i i LOT 11 LOT 19 • Hu: Odrr ft TolJovLK Ifed to se frA tern fatLAd erd in s!!e®d r follows: Vo1• 061, Fy,• 3251 L9, f11. 101' Vol. AD, N. rA; Vol. 9711, ft 1831 N. Lb RR kflsct V" 1dr VOI • iDl, pg. 2411 Vol • I A•3, A 835 31 2rdwkr hk lire ft S®tiLNne; Vol. 2652, PA. 422. a f LINO VA11MI NT 1 MN ha+vW N P I M A l ad xw.n ens RA Mp b hl Cer o to Der!bn CwA, re M CenvnvAr Ne Owl 01 eA'MieMe 1a1 ' • rd Thal *p Mdse M the hgry'C Ir rd.ari an en.1Ad Ans ron n Yo.n en R.n/ 1ao a Nd nre +~aFuW, rM`,.^iliarener+swdaMewver~nw Inyeeuon«rr.e«vw+Wt+►ae 4 • e AS w P•onulrr♦'e • p Wds eReo a t~ yl, MM1aar Re/feud PC P• Pew Carty Poo ~ a.VV 4Fvnvv .~Cho** Fonts Ie~M, ut,•MW IPM ( 1•Plat v Wk CMe 4L.•1DL [Arm -W -.1st-46 wv- if THKO 0#4 Will 19 KERN SURVEYING INC$ ~osN oe2e> P.O. BOX 607 KRUKTX, 78249 (817)482-672.1 3 Io 32X10 Y r O ' 1 ,a~anr~m Planning and Zoning Commission Minutes February 25, 1M Page 32 of e0 Commissioner Powell: Motion made. Mo. Apple: Second, ' V v Commissioner Powell: it is seconded, Is there any discussion on this? All in favor, raise your right hand. Modal possess-0. (5-0) 111. Consider making a mcommondallon to City Council for pardal drainage easement abandonment of 3301 Cooper Stench East Commissloner Powell: I guess we go on to item 11- conalder making a rw4mmands3on to City Council for the partial drainage casement abandonment of 3101 Cooper&snch East. Mr, Salmon. Mr. David Um an proeented the etalf npom Mr. Salmon: Thenk you, Chslr. let me try to loom this up a tine bit. Can you bring this up Just a little bit closer? Well, cost enough. What we've got here this evenlng Is a drainage *element In the Cooper Branch East subdivision, The subject property Is located on a cul-de-sac at 3301 Cooper Branch Ent orlw, Bono of you may be aware-and maybe not-that for several years, we have had a terrible drainage problem In this area behind these bb over In this subdivision. The houses on the beck aide down hers from on Wlndeor lhlve--lt might help give you a little bit boner Idea of WWI this is located. Ti post year, sfler several other attempts to improve the drainage in j this neighborhood, will finally. I think, made some Improvements using some concrete that has resolved the problem of these people that 0w In this neighborhood. Basically, what was happening is there was a concrete drainage structure back over towards this area of fin lot, and n wasn't large enough to can One water. And then the developer that built then homes fined In the over flow swan when they did their lot grating and so when the drainage structure fined up, the water didn't hove anywhere to go but into the adjaeont people's yards and got Into swimming pools and everything, Sothis past year the City want In. M that over now swell back out excavated aS the dirt out, and auiuslly put concrete in It w that the people that live then now-and who buy those homes In the Murs -iWn understand that there Is supposed to be @ drainage feature there. M "to. we had to extend the concrete sbout two feel Into this person's yard; t think his name IN Jay Thomas, he is a tocal builder. We had to extend the comets about two feet Into his yard, and he, I guess, graciously agrsed to let us do that and to grant an easement with the condition that we could do away with name of tho excess casement over In this area that I have shaded In pink, Our cunsnt easemen! Is the area that I have Mghhphted In green; it's sort of a pipe shaped area. And so what we are going to do w1th tlu's Is add two more feet along this area and then do sway with this little nve•alded area over there Staff is recommending that we do tho. We don't eat any need for that excess drainage area especially now tint tin drainage channel there has been put In concrefe and should be patty fixed. Commissioner power: Any quo stions of its If here7 Mr, Salmon, I don't sea a prepared motion here. Perhaps you could make one for us, and we could say as toque eted by staff or something. Mr Salmon: Well I guess the motion would be that you would recommend 10 the City Council that the drainoga easement abendonmen[ at 3701 Cooper Branch Eesl, or that the easement be abandoned as proposed by staff, t~.. Mr.Engvlbrecht So mavsd. " Commissioner Powell: Is [here a seoon47 Me. App* Second. Commissioner Powell: We have a mourn and a second on Ilem 11, Any discussion? AN In favor, lswe yow right hand. Mobo4lsspprove484 (5-0) I 12, Consider making a ncommarlQatlon to City Coundll to partial easement abandonment of Dement w Regional Medical CmhrAddlill r; is Commissioner Powell: Item 12, ' Mr, David Salmon presented the shin sport Mr. Salmon: Commissioners, on this one, I do have to apologise, our one maps gist we gave you in your backup 4 really didn't describe the araa very wag. to we prepared a 0tda bra larger scale reap so that you pre pN Noma Sort of a sense of whore the sss~6 are In referenca to what wM be the now hospital oul near Mtyhitl flood and 1.36E. r 4 rt,r, r~Y 2 to 32X O i~ , IrM b.naV.li.nrAwlnti lMUallIl/4r1 •MY,iwl lr . ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ABANDONING AND VACATING A PORTION OF A DRAINAGE EASEMENT Af THE REAR OF LOT 20, BLOCK B OF NORTHWOOD ADDITION TWELFTH INSTALLMENT, AN ADDITION TO THE CITY OF DENTON, PROVIDING FOR THE REVERSION OF THE CITY'S PROPERTY INTERESTS IN SAID LAND, AND DECI ARING AN EFFECTIVE DATE. WHEREAS, the City of Denton has received a request from Kelly 1. Thomas for a partial abandonment of a drainage easement located at the rear of 3301 Cooper Branch East in order for the property owner to construct a fence along the perimeter of existing drainage channel improvements; and WHEREAS, the Planning and Zoning Commission of the City of Denton, Texas, reviewed the requested abandonment and recommended approval; and WHEREAS, the City Counci I of the City of Denton has determined that the portion of the drainage easement being vacated is no longer needed for public use based on the recently improved drainage channel alignment and the applicant's conveyance on April 2, 1998 of an additional drainage easement containing 120.34 square feet, and WHEREAS, the process for (1) conveying, selling or exchanging the properly interests of the City of Denton in the drainage easement being abandoned and vacated herein and (2) determining fair market value, as applicable, pursuant to TEX LOC. GOV'T CODE §272.001 relating to the conveyance of easement interests to abutting property owners who own the I underlying fee simple; shall be followed in effectuating this abandonment; NOW, THEREFORE, THE: COUNCIL OF THE C11 Y DENTON HEREBY ORDAINS 1 That the pinion of drainage easement Iucated at the rear of Lot 20, Block B of Northwood Addition Twell In Installment an addition to the City of Denton, recorded in • Cabinet 0, Page 17 of the Plat Fecords of Denton County, Texas, and described in Exhibit "A", which is attached 'iereto and incorporated herein by reference, is vacated and permanently abandoned SECTI 1 i That the City's property interests in said portion of tFe drainage easement ~I above described Is hereby released and will revert to the owners as provided by law. ` a • ~ ~~T[t~1 !I] That this ordinance shall become effective immediately upon its passage and approval '59 f I 5 ~ R . r, 10 32XIO MaW •r 5w 9. r t l F'l,f 1 i Iti. e1 1 k t. t r ~ A i I ' 1. l 1 f it I~ r 1 t +ilE1WS s i • r i ' r i i.i '~..,rvw ^p laV•µ~ars4.psr r, n..i. uM.u14._. •,Y / ~ 1~, 4: Lr r PASSED AND APPROVED thin the day of 1998. r JACK MILLER, MAYOR ATTEST; JENNIFER WALTERS, CITY SECRETARY i , APPROVED AS TO LEOAL FORM: j HERBERT L PROUTY, CITY ATTORNEY r { It I 1 1 t 1 ,A . i Ia? 1 ' f { v. i Iy1 I. 1 1 I' j 1 I e J 1 PAGE 4 f 6 =-mj AV. 45 X 1) 32 Oj 10 low" ' IXIIIIT •A• ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, in the D, Culp Survey, Abstract No. 287, and being part of Lot 20, block 3 of the Northwood Addition Twelfth Installment, an addition to the City of Denton as retarded in Cabinet O, Page 17, of the Plat Records of Denton County, Texas, and under Certificate of Correction recorded in Volume 2395, Page 741 of Lice Rest Property Records of Denton County, Texas, and being part of that tract conveyed to Kelly J. Thomas and wife, Rhonda N. Thomas, by deed recorded as Clerk's Pile Number 96.80010153 in the Real Property Records of Denton County, Texas, and being more particularly described as followsi C0OMCINO at the southwest corner of said Lot 20, block bl TXZNCl North 06° 51' 540 Nest, along the west line of said Lot 20, a distance of 16.12 feat to a point) TNRNC■ South 89° $2' 46' last, a:o~ap the north line of an existing 16-foot utility and drainage *moment, a distance of 60.05 foot to a point) TIINCI North 00° 07' 14■ Most, leaving the north line of said 16- foot utility and drainage easement, a distance of 2.00 feet to the POINT OF sIOINNINO on the west line of an existing 14-foot drainage easement which adjoins said 16-foot utility and drainage easement) TIINCI North 00' 07' 14" last, along the west dine of said 14-toot drainage easement, a distance of 12.00 feat to a point for corner) f, Ti[lQiCl North 89° 52' 466 last, along the north line of said 14-foot drainage easement, a diatance of 45.00 teat to a point for corner on the east line of said foot 201 TIINCI South 480 18' 371 Nest, leaving the east line of said Lot l' 20, a distance of 18.00 feet to a point for cornorl TRUCK North 89° 52' 4611 Neat, a distance of 31.58 feet to the , POINT 0/ DIOINNINO and eontaininq 459.50 squats feet of land. % 7 ; •r 0 i " f Svtewlm r 1 t 4 Apadda No.T/-oat Ayandalfem ~d_ " Date 9 AGENDA INFORMATION SHEET AGENDA DATE: June 2, 1498 DEPARTMENT: Finance Administration I ' ACM: Kathy DuBose SUBJECT - A RESOLUTION TO DECLARE THE IN'TENT TO REIMBURSE EXPENDITURES FROM UNRESERVED FUND BALANCE OF THE GENERAL FUND WITH GENERAL OBLIGATION BONDS; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND Jerry Clark in the Engineering Department has been working with the owners of Southridge ; Center and the extended care facility next to it to combine an access for both of these entities. The City of Denton would like to participate by building the median opening. This would allow alternate access to Southridge Center and access to the extended care facility. It could ultimately be used as a signal location if median openings closer to 1.33 were closed. ' Legislation now includes a provision for designation of project expenditures prior to a bond sale as reimbursable by bond proceeds. This "reimbursement resolution" allows the utilization of $40,000 of the General Fund unreserved fund balance to be reimbursed with proceeds from t. the sale of General Obligation bonds. The approval of this resolution will allow the project to progress, yet does not require early Issuance of debt. FISCAL INFORMATION , ' t r 540,000 from the General Fund unreserved fund balance will be reimbursed upon Issuance of General Obligation bonds. I Respectfully submitted; Kathy uBose Assistant City Manages J ~ i 'ATAIM RESOLUTION 140. A RESOLUTION TO DECLARE THE INTENT TO REIT4BURSE EXPENDITURES FROM r UNRESERVED FUND BALANCE OF THE GENERAL FUND WITH GENERAL OBLIGATION BONDS; At+D PROVIDING AN EFFECTIVE DATE. WHEREAS, the city of Denton (the "issuer"} is a municipal couporotion/political subdivision of the State of Texas; and WHEREAS, the Issuer expects to pay expenditures in connection with the design, planning, and construction of the median opening and driveway access for Southridge Center described in Exhibit "A" &W.ed hereto (the "Project'7, which Exhibit "A" Is attached hereto and made a part of this resolution for ail purposes, prior to the issuance of obligations to finance the Project; and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and coa-kistent with the lawful objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the provisions of Sec'4on 1,150-2 Treasury Regulations, to reimburse itself for such payments at such time as it issues the obligations to finance the Project; NOW, THEREFORE, TH•? COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES. SECTION L• That the issuer reasonably expects to incur debt, as one or more series of obligations, with an aggregate maximum principal amount equal to $40,000 for the purpose of paying the costs of the Project, as set iorth in the attached Exhibit "A". SECTION II: That all costs to be reimbursed pursuant hereto will be design and capital expenditures. No tax-exempt obligations will be Iaued by the Issuer in fttrtherance of this resolution after a date which is lc.tr than 18 months after the later of (1) the date the t' expenditures are paid, or (2) the date on which the ptoperty, with respect to which such expenditures were madeAs placed in service. • ° SECTION III: That the foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this resolution more than three years after the date any expenditure which is to , be reimbursed is paid. 1 SECTION IV: That this resolution shall become effective itrunediately upon its passage and approval a • PASSED AND APPROVED this the_day of .1998 t JACK Sill LER, MAYOR 10 10 6 s 9 v , „ ~ M, y ~ 1~~ r 1 J1 i tr ro. i p~ P{` ~ fy~ w 1 ]A790lM r r ATTEST: JENNIFER WALTERS, CITY SECRETARY ; BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY i ~ BY. ~I L IWarr lAl'M Drmrn'Aednaw•i1+rrWrnrr rrdwrrMrrrM{V ~ 1 1 s 1 . ,.fir r' li~j 4 i - r 3 ,p n a .app... 32 /y{ If 1 1 ~~~~nQie're i4 6 tJ X tl ln, r7~ 1 ~ t . ~ 1 ' t .ti( , ~,Ir r A I N I, ,r, ~ ~ n' r \t + 3 _ ` < - Y 1 + a r I t. I *noun 1 0 4 ` ~ I I ~I, r r I Won" ~ h h ti \ a.( ...r ..u ....~.rv _...wa n ..wn~r vw.„nr-bOi,AV.tiwhtwVr,'~VV.nn,AM'lMYVIt+MiW M1~w.WMwr\wl w.i.N~r._ .nn am, 1 y EXHIBIT "A" .r ; PROJECT: Median opening and driveway access for Southrldge Center pp (approximately 1,000 feet west of Lillian Miller at 1.36). , TOTAL 440,000 , + r i i I I i ' t9 I I I~ I • I ' I ~ ~ I t I \ ~4 ~ nr ' I f ' 2 r 1 I I 1 I ~ I~ ~ l i• i I _ _ I ~y I '.32 ~ ~ hill, "r town" s . r v v..~.. urv aw Jr w . Pr ,l!.~i.- b.wrua~. a.. - 1 i i 'ITY OF DENTON, TEXAS n1Fes the c_n ue~ a. i MEMORANDUM DATE June 2, 19N t TO Mayor end Members of the City Council FROM: Rirt* Svehla, Deputy City Manager SUBJECT Median Openings for Access to Southridge Center and the Extended Ca,* Facilities Adjacent to Southridge Center Jerry Clark and the Engineering staff have been working very closely with the extended care facilities (Morning Star) end South ridge Center to provide new access for each Jerry hashed preliminary discussions and received favorable Indications that both of these entities would participate, The benefit to the City of Denton Is inat we would have a `backside' entrance and exit to Southridgs Center and Morning Star. Southridgs Center gets better access end Morning Star gets a'back' entrgnce to Southridge Center, Staff feels thahnis Is an excellent location for this median opening In that N Is further away from 1.35 and the frontage rrad and secondly It is at the crest of the hill on Lillian Miller to allow better sight distances. Ultimately s,,a think this would be a much more appropriate place for a signal to allow entrance and exit from the Southridge Center. We would certainly support doing this If the median opening closer to t•35 can be closed. Staff will continue to work with Southridge Center In this endeavor to try to help eliminate congestion at 1.35 and Lillian Miller Intersection. Since timing Is crucial, we are proposing to use operating funds now to begin this project. We would also f propose to recommend that the Oversight Committee review thin for pons ble funding from miscellaneous street bonds, If the Committee recommends this and Council approves, then we would need this reimbursement resolution to get reimbursed from the bond funds If Council has any questions, I would be happy to try and answer them at your convenience. Rick Sveh e Deputy City Manager t" . RS ct June 2n° Agenda Backup Southridge Cntr,RS doc i y e:5 f • T 1 1 I r 'WroId f0 Qua~ify or rthP" c 25 )it tP 32X t7U t7N 19 t70t s~ a N 2zt r 00 2 142, t, , D t7/7 241/ 1703 r t7a0 PQ 7u L'i 9422 2424 O J 406 2109 200 2428 tit/ 2407 2700 a t.a 2170 WO * t7tt / Aye txt { t C~ 1311 / L Om na tax • tT p • W 2316 4cc s A t7~t 2w! tea i' t7a/ 3` 'h 270 w i P. I r:, 32 X if } : r5 a p T ~i ~ + !1 I. Y R s ...rSnr'ew nvwraWw~....,... ......_....w+a.'r4.arw.t.+«vwuRw M.sMsl.....a.4.•~........,..,,....v.,`r.. ~ , . i ^a h9enda No. 9 0 / Agenda Item Data - I , CITY of DENTOM# TEXAS MUNICIML SUILDINO.215 E MCKINNEY • DENTON, TEXAS 76201 {817) 566.8200.OFW METRO 434.2529 MEMORANDUM I DATE: May 28, 1998 TO: Mayor and Members of the City Council FROM: Jennifer Walters, City Secretary SUBJECT: Board/Commission Appointments i ' The following is a list of current Board/Commission vacanciWriominations: f, Council Member Beasley has nominated Diane Crew to the Cable TV Board, Drbra Anthony has resigned from the Henan Services Committee. This is a nomination for. Council Memb%,r Kristoferson. if you require any further information, please let me know. k.nifer re sy • ACCOOOF4 rV ' i~ ~ ,O ,r v4 . Y a t° 'Twicarov N Quality Service" % R 4 M.P r % 1 I f Y ri 1 . 1,.. f , : r ~ Y r i r y r r " ~ r 1 Y 1. i I r ^ ~ r I r I City Council Agenda Packet r June 9,1998 I ~I I I 1 r -1 Y I~ ,I r r 91 r, f, 2.5 32x~❑ e j M Agenda 410,__. (J 7.L AGENDA CITY OF DENTON CITY COUNCIL Agenda Item _ June 9, 1998 Date 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, June 9, 1998 at , 5:15 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 Meet with City Attorney to consider strategy, discuss status, mediation and settlement of litigation styled Denton County Historical Museum, Inc, v. Denton County, et al., Cause No. GC-93-00093-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. Meet with City Attorney to consider strategy, hiring of outside counsel, and discuss possible conflict of interest matters in litigation styled Edward Soph, Carol Soph, Dale Branum, Citizens for Healthy Growth, and Joyce A. Poole v. City of Denton Zoning Band of Adjustment, Cause No. 93- 10388-16, filed in the 16n' District Court of Denton County, a petition for writ of certiorari seeking a reversal of the Denton Zoning Board of Adjustment's action in the United Copper Industries, Inc. appeal B. Conference with Employees - Under TEX. GOVT. CODE Sec. 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 MEETING OR ON INFORMATION RECEIVED IN A CONFERENCE WIT14 EMPLOYEES WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEX. GOV'T. CODE CH. 551. THE CITY COUNCIL RESERVES IHE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOVT, CODE SEC. 551.001, ET SEQ. (TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A • CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION SECTIONS 551,071.551.085 OF THE OPEN MEETINGS ACT. Special Called Meeting of the City of Denton City Council on Tuesday, June 9, 1998 at 6:00 • p m. in the Council Work Session Room at City hall, 215 E. McKinney, Denton, Texas at which p I the following itcnis will be considered: aYl' 4 32XI El s , 0 City of Denton City Council Agenda Idle 9, 1998 Page 2 1. Consider adoption of an ordinance authorizing the settlement of litigation styled Denton County Historical Museum, Inc. v. Denton County, Texas and the City of Denton, Texas, et at, Cause No. GC-98-00098-C filed in the probate Court of Denton County; authorizing and ratifying the Mayor's execution of the Settlement Agreement dated June 4, 1998; authorizing the City Manager and the City Attorney to act on the City's behalf in executing any and all documents and to take other actions necessary to finalize the settlement and release of claims. 2. Consider adoption of on ordinance authorizing the retention of Terry Morgan & Associates (Morgan) to provide a defense for the City of Denton Zoning Board of Adjustment (ZBA) and such other legal support required by the City of Denton in Cause No. 98-10388-16 in which the plaintiffs are Edward Soph, Carol Soph, Dale Branum, Citizens for Healthy Growth, and Joyce A. Poole. 3. Consider adoption of an ordinance authorizing settlement of a roof damage claim and authorizing the City Manager to acc.pt the settlement and to execute a partial release of claims in return for payment of General Acc,dent Insurance Company for roof damage by the contractor on the City Hall renovation contract. Following the completion of the Special Called Session, the Council will convene into a Work Session at which the following items will be considered: NOTE: A Work Session is used to explore matters of interest to one or more City Council Members or the City Manager for the purpose of giving staff direction into whether or not such matters should be placed on a future regular or special meeting of the C^uncil for citizen input, City Council deliberation and formal City action. At a Work Session, the City Council generally receives informal and preliminary reports and information from City staff, officials, members of City committees, and the individual or organization proposing council action, if invited by City Councilor City Manager to participate in the session, Participalion by individuals and members of organizations invited to speak ceases when the Mayor announces the session is being closed to public input. Although Work Sessions are public meetings, and citizens have a legal right to attend, they are not public hearings, so citizens are not allowed to participate in the session unless invited to do so by the Mayor, Any citizen may supply to the City Council, prior to the beginning of the session, a written report regarding the citizen's opinion on the matter being explored. Should the Council direct the matter be placed on a regular meeting agenda, the staff • will generally prepare a Final report defining the proposed action, which will be made available to all citizens prior to the regular meeting at which citizen input is sought. The purpose of this procedure is to allow citizens attending the regular meeting the opportunity to hear the views of their fellow citizens without having to attend two meetings. • 1, Presentation of Denton Municipal Electric's State Championship lineman rodeo teams. @ • 2. Receive a report, hold a discussion and give staff direction regarding Phase I Impact Fees and 10-yeas Capital Improvement Plan from the consultant, Duncan Associates. i,rrv.o r I! 32x10 Nola 0 City of Denton City Council Agenda June 9. 1998 Page ? 3. Receive a report, hold a discussion and give staff direction concerning Residential Solid Waste automated collection and a public/private partnership to develop a Materials Recovery Facility (MRF). 4. Receive a report, hold a discussion and give staff direction regarding an update of the City of Denton Workforce Diversity Plan (FY 1997/98 to 2001/02). 5. Receive a report, hold a discussion and give staff direction regarding the 1998.2003 Capital Improvement Program as recommended by the Planning and Zoning Commission. 6. Receive a report, hold a discussion and give staff regarding the interim Corridor Ordinance, 7. Receive a report, hold a discussion and give staff direction regarding public comments received during the Alternative Development Scenarios public meetings. 8. Receive a report, hold a discussion and give staff direction regarding cable television rat:,;, (The Cable Television Advisory Board recommends approval of C2 Consulting's recommended maximum permitted rates (6-0) on May 27, 1998) 9, Receive a report, hold a discussion and give staff direction regarding the results of the supplemental budget priority questionnaire with City Council CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the __d,iy of 1998 at o'clock CITY SECRETARY i NOTE: THE CITY OF DENTON CITY COUNCIL NVORK SESSION ROOM IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARINO IMPAIRED IF REQUESTED AT ♦ LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. O PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. F~p 32 X I O + K , r r r r Jy' ~ f li 1 r , J C i. r c Agenda No Agenda Ile Date ORDINANCE NO. w. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING SETTLEMENT OF LITIGATION STYLED DENTON COUNTY 111STORIC'AL dfUSF.UAf, INC. l: DENTON COUNTY, TEXAS AND CITY OF DENTON, TEXAS, ET AL, CAUSE NO. GC-98-00098-C FILED IN THE PROBATE COURT OF DENTON COUNTY; AUTHORIZING AND; RATIFYING THE MAYORS' EXECUTION OF THE SETTLEMENT AGREEMENT DATED JUNE 4, 1998; AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO ACT ON THE CITY'S BEHALF IN EXECUTING ANY AND ALL DOCUMENTS AND TO TAKE OTHER ACTIONS NECESSARY TO FINALIZE THE SETTLEMENT AND RELEASE OF CLAIMS; AND DECLARING AN EFFECTIVE DATE. :i THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I: That certain Settlement Agreement dated June 4, 1998 settling the litigation styled Denton County /Tisrorical.bfusetim, lnc, v. Denton County, Texas and the City of Denton, Texas, er al, Cause No, GC-98-0(MS-C in the Probate Court of Denton County is hereby approved and the Mayors execution of said agreement is hereby authorized, ratified and approved. The City Manager and'or the City Attorney are hereby authorized to execute orders releasing and dismissing all claims and all other documents in a form approved by the City Attorney and to take all other actions necessary to finalize the Settlement Agreement. SECTION ll: That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1998 JACK MILLER, MAYOR % i~ ATTEST: JENNIFER WALTERS, CITY SECRETARY t ' µrr I BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, ('fl l' A[ IOR\I'.1' t ~ O • + y BY: I S II A RHYD I P H(A( Ow [hxun rle'Utlatn m hl II cw Mrrww', "flc OO( dd,x I. f r: I 'r •`f ~`r nS, : 2 x 10 32 x I pro ra tputdatlo Agenda lie Date ORDINANCE NO. , AN ORDINANCE AUTHORIZING THE RETENTION OF TERRY MORGAN & ASSOCIATES (MORGAN) TO PROVIDE A DEFENSE FOR THE CITY OF DENTON ZONING BOARD OF ADJUSTMENT (ZBA) AND SUCH OTHER LEGAL SUPPORT REQUIRED BY THE CITY OF DENTON IN CAUSE NO. 98-10388.16 IN WHICH THE PLAINTIFFS ARE EDWARD SOPH, CAROL SOPH, DALE BRANUM, CITIZENS FOR HEALTHY GROWTH, AND JOYCE A. POOLE; AND DECLARING AN EFFECTIVE DATE, WHEREAS, a document entitled "Petition for Writ of Certiorari" was filed on June 1, 1998 with the l6's District Courtin Cause No. 98-10388.16 styled war oph. Carol Soph. pale Branum. Citizens for Healthy GrQuth vs the City of Denton Zot Board of Adjustment; and WHEREAS, the allegations in such petition relate to the ZBA upholding the decision of the City's Director of Planning and Development regarding, but not lintited to, the issuance of a building permit to United Copper for the construction of a rod mill in an area zoned for Light Industrial uses; and WHEREAS, Morgan provided the legal support to the ZBA in conducting the hearing appealing the administrative decision of Dave Hill and such firm is under contract with the City to provide legal support to the City in matters relating to planning and zoning matters; and WHEREAS, the City and Morgan desire to amend their existing co+ttract to provide the legal services needed by the ZBA and the City in preparing a defense to the allegations raised in the matters referenced above; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; w , FCT[0N 1. That the contract between the City of Denton and Terry Morgan Rc • Associates is hereby amended to provide legal services necessary to prepare a defense for the City of Denton Zoning Board of Adjustment and such other legal support needed by the City of Denton in Cause No 98.10388.16 in which the Plaintiffs are Edward Soph, Carol Soph, Dale Branum, Citizens for Healthy Growth, and Joyce Poole. 5ST:IO,N _11 That the City Manager or his designee is authorized to execute the amendment to the above contract necessary to effectuate this retention and the legal expenses authorized herein shall be paid from the City's Risk Fund, $ECJT1~N 111, That this ordinance shall take effect immediately upon its passage and approval I 4 32 X '.Y t , i .I I 1 f I Its ` ~ 0 I rAnks" ..:.'lu"l\~~✓~YYfI~{~>0,11.Y1 a~YWa<W rw.....v ~ a . ~ ~ ...cur 1. Y PASSED AND APPROVED this the day of , 1999 E w JACK MILLER, MAYOR A, I ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L, PROU7 Y, CITY ATTORNEY i ' x , 1 Ii f i ~a w 2 R. t' K ~ I t r ~l e , f I 'w - v h ~~'~w' 25 (1lJ 32 X Y ANNA i I l 4 same= I I I • - "M A[fdw I q Agenda No. 4genda Ilem 5G 3 Oale 1 ~ I ORDINANCE NO, AN ORDINANCE AUTHORIZING SETTLEMENT OF A CITY HALL ROOF DAMAGF, CLAIM; AUTHORIZING THE CITY MANAGER TO ACCEPT THE SETTLEMENT AND TO EXECUTE A PARTIAL RELEASE OF CLAIMS IN RETURN FOR PAYMENT BY GENERAL ACCIDENT INSURANCE COMPANY FOR ROOF DAMAGE BY THE CONTRACTOR ON THE CITY HALL RENOVATION CONTRACT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, during the process of construction of the first phase of renovation of the City Hall under the Contract with the general contractor Furstenberg Construction Company, Inc. Furstenberg'I) dated January 22, 1997, the roof outside the Council Chambers was damaged; and ' WHEREAS, the City made a claim under the Contract against the contractor, and the contractor and the City have agreed to settle the claim for payrnent of twenty five thousand nine hundred dollars ($25,900) by Furstenberg's insurer, General Accident Insurance Company, in return for the City releasing all claims growing out of this incident, while preserving other claims and rights under the Contract; and WHEREAS, the City Council deems it in the public interest to approve the settlement of this claim; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENJON IIERLBY ORDAINS: SECTION 1. That, in consideration of the payment by General Accident Insurance Company of twenty five thousand nine hundred dollars ($25,900), the settlement is hereby approved. The City Manager is hereby authorized to execute the attached release of claims in a form approved by the City Attorney, releasing Furstenberg C'onstructien Company, Inc. and various other parties from all claims growing out of die incident that caus,r? the roof damage outside the City Council Chambers, while preserving any other claims, rights, and remedies the c ' dK.t City may have under the Construction Contract and contract documents with Furstenberg Conswction Company, Inc, SECTION 11, That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of_ 1998. t• MACK Uli_LER. MAYOR 1 2y M I❑ 32x~❑ 1 q f, •''ileilOli 7 R , w.. r 0 1 F \ I i t r M 1 ,1 ATTEST, JENNIFER WALTERS, CITY SECRETARY BY. APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY B Y: n t I \y 1 ' lip: f I, 10w f.~niai. 'ha nm.r ~l y~nll •akm ml•w ielnNre k. I \.r f 1 1 P 1 Page 2 w r r 0 nmroru , 0 uwnt~u • Agenda No . 1- Agenda It m_f tt j _ i CITY OF DENTON, TEXAS _ Memorandum TO: Mayor and Members of City Council FROM: Howard Martin, Assistant City Manager/Utilitics DATE: June 5, 1999 SUBJECT: Texas Lineman's Rodeo On Saturday, May 30, 1996, the Third Annual Texas Lineman's Rodeo sponsored by the Engineering Extension Service of Texas A&M was held. Nineteen linemen teams representing investor-owned, co-op, contractor, and municipal utilities across the state of Texas competed. Denton Municipal Electric was represented by two journeyman and two apprentice teams. Events in which thejoumeyman teams competed were pole climb with egg, hurl man rescue, lighting arrestor change-out, underground cable splice, rope splice, and first-sid/controlled bleeding. Events in which the apprentices competed were pole climb with egg, hurt man rescue, first-aid/controlled bleeding, rope splice, and a written test. The Denton teams placed as follows: Journeyman Team N1 - Craig Mankin, Brad Watts, Tim Kutas First Place Municipal Division Third Place All Divisions First Place First-Aid Third Place Pole Climb with Egg - Craig Mankin Journeyman Team #2 - Wes Gideon, Rowdy Patterson, JR Richardson Second Place Municipal Division Apprentice # I -Matt Warschun First Place All Divisions First Place Rope Splice First Place Written Test Third Place Hurt-man Rescue • Third Place Pole Climb with Egg • Apprentice 92 - Kevin Strickl tnd jIVI First Place Pole Climb with Egg First Place First Aid "(1c.firoled la (IuAlay 8%lri p" ~i.~ ~rJ L" ' 2 x I O NWAM WO 0 i I t Agenda item Ic,~~ AGENDA INFORMATION SHEET Date__~i__ F AGENDA DATE: June 9, 1998 DEPARTMENT: Utility Administration ACM: Howard Martin, 349.8232 ! SUBJB f RECEIVE A REPORT, HOLD A DISCUSSION AND GIVE STAiF DIRECTION REGARDING PHASE I IMPACT FEES AND 10-YEAR CAPITAL IMPROVEMENTS PLAN FROM THE CONSULTANT DUNCAN ASSOCIATES, BACKGROUND James B. Duncan of Duncan Ass wiates will present the preliminary results of the first phase of the water and wastewater impost fee study. This first phase covers only the cost associated with raw water supplies, certralized water storage, production and treatment facilities and wastewater treatment facilities. ;the second phase will cover water transmission and distribution and wastewater collection facilities, and will be based on the preferred development sccn4rio resulting from the comprehensive planning eftihri. Duncan Associates has used the Land Use Assumptions recommended by the Capital Improvements Advisory Committee to develop a 10-year Capital Improvements Program and the impact fees. A copy of the 10-year -IF is attached as Exhibit 11. The consultant team will brief the Council on the contents of the 10-year CIP, the methodology for calculatling the impact fee and the draft impact I'ce. Depending on public input and City Council recommendations, the preliminary impact fee results will be adjusted. . ESTIMATED SCHEDULE OF P-02 See Exhibit 1 "Impact [-cc Schedule { RIO AC" LION J REVIEW (Council. Boards. Commissionsl h Cuaicil briefing on p%vcss considerations for enacting impact fees- October 28, 1997, r Council briefing on the comprehensive plan- December lh, 11W. Council briefing on impact fees- January 13. 1998. Council approval of Profe: sional Services Agreem: nts for impact fees implementation, 1 February 17, 1998. I I t aY X0'i ( '7 10 32 X ID ~ s1' ll cs 5 , e • e k F t y, f i e7 r r r i . r 0 r 1 f ,r . ,,.......xIK^3;5•dN,KB'•.'ra'4".a~.n ~•'',a+li~~, 'C r.'A~Gi.~~.rY ~'C+.~^~C~'F'Mid{Y',S7.~S'Kaa~4tRICK~t~kX;iV"U}:b:tSYA'n ~VMM4'~a :irmee r'ya.~, Council approval of ordinance creating the Denton Capital Improvements Advisory 4 Committee, March 17, 1998, I Council approval of ordinance to set a hearing date on Land Use Assumptions, April 21, 1998. + Council approval of Public Hearing on Land Use Assumptions on June 2, 1998. .1 FISCAL INFORNIATION None I Respectfully submitted: I . ~J~fll Jo[d "Director Water Utilities Exhibit I Impact Fee Schedule Exhibit ll Preliminary 10-Year CIP and Impact Fee I. .~d y ,5 I 11 4 I i kCc: M1 I , n 1 Y 1 \ Y, I I . , 1 r~,~'' ` ICI t d . - Is. I ,t..31 Y2~i h 10 °I,.:` 32x ❑ o 0 rt . .r'T:a. ...o ::t'i'!w.,..liT`r;; ,•_,~",LM~~Z~r7vx !'ta ,.YI,,'.~"AC=f°r.'~qSt'?''iW.wM1lAy711k!'a~U'~N§aair/ar,.n:•.• ~ r..~:.. ' Impact Fee Schedule Irk Dates Agunning that we basg Land Use I 6sumotions on Market Forecasts Council appoints Adv Board 17-Mar 1 Rust briefs Council and Adv Board on 24-Mar market forecasts Rust modifies forecasts as appropriate 31254115 Council sets hearing date 21-Apr Adv Board recommends land use 22-Apr r assumptions Mandatory 30.60 day public review 412$12 Council holds public hearing 2-Jun Council adopts land use assumptions 16-Jun AOTIDuncan reviews existing plant info 31194110 AGIVDuncan prepares 10-yr CIP 4113-5131 PUB review 1-Jun City Council review 9-Jun r Adv Board review 24-Jun AOTIDuncan modify 10-yr CIP 0112,7124 Council sets hearing date 4-Aug y. I l Adv Board sends comments on CIP 12-Aug ! Mandatory 30-60 day commert period 615-9115 ! ! Council holds pt blic hearing 15-Sep 1 Council adopts fees 1018196 0 j EXHIBIT I fH Iy ~ ~ IL 4 25 32xio • o I mm"m apW/ loraT.nennfl'anla- I WATER AND WASTEWATER IMPACT FEES prep d rh<c~yd DENTON, TEXAS I I i • DUNCAN ASSOCIATES prepareChy rnass0oe!ronHith MPUED GEOGKQHIC TECNNOEOG1Ef ALAN P W NMER ASSOCIATES • May 1991 O 04 EXHIBIT 11 x e o I i . I TABLE OF CONTENTS 1 INTRODUCTION 1 " LEGAL FRAMEWORK LAND USE ASSUMPTIONS 2 SERVICE ARLAS 3 SERVICE UNITS 7 12 DEMAND PROJECTIONS CAPITAL COSTS . Water Treatment .................15 Water Supply .............................................................16 Wastewater Treatment DEBT SERVICE CREDITS NET COST SCHEDULE 23 TABLES 1 Table is Population Growth, 1970.1997 . . . 1 Table 1: Potential Single-Family Fees . . . 1 Table 2: Population of Water/Wastewater Service Areas . . 4 Table 3: Meter Equivalency Factors 8 Table 4: Water Service Units, 1998 . . . . . 8 Table 5: Wastewater Service Units, 1996 . . 9 Table 6: Water and Wastewater Service Area Populations, 1988-2009 10 Table 7: Population per Service Unit . 11 Table 8: Water and Wastewater Service Units, 19992009 . 11 Table 9: Water Demand per Capita, 1988-1997 12 Table 10: Wastewater Demand per Capita, 1988-1997 . . 13 Table 11: Peak and Average Water Demand, 1999-2009 . . 13 Table 12: Wastewater Demand, 1999.1009 . , 14 • Table 13: Water Treatment/Pumping/Storage Costs, 1999.2009 , 16 1 ' Table 14: Lake Ray Roberts Cost . 17 Tabla 15: Water Supply Costs, 19992009 . 18 Table 16: Existing Wastewater Plant Cost . 18 Table 17: Wastewater Treatment Costs, 1999.2009 . . . 19 • Table 18: Water Treatment Oebt Service Credit ' : • • 20 Table 19: Water Supply Debt Service Credit . 21 Q • T„ ble 20: Wastewater Debt Service Credit . . . 22 Table 21: Water and Wastewater Net Cost per Service Unit . . 23 Table 22. Water and Wastewater Net Cost by Meter Site 23 Oo Fj 32X10 MAIL • o , t areaaar+a j INTRODUCTION Denton has experienced significant growth in recent years. The City's population has grown by about two percent annually since 1970. Denton County has grown significantly faster than the state average, and was the fastest growing county in Texas during the 1980s. Table 1 POPULATION GROWTH, 1970-1997 City of Denton State of Denton County Texan 1970 Population (Census, 4/1170) 39,874 75,633 11,198,665 1980 Population (Census, 411/80) 48,063 143,126 14,229,191 1990 Population (Census, 4/1!901 65,270 273,525 16,986,335 1996 Population (Estimate, 7/1196) 74,645 350,905 19,128,261 Annual Growth Rate, 1970-80 2.1% 8.9% 2.7% Annual Growth Rate, 1980.90 3,8% 9.1% 1.9% Annual Growth Rate, 1990-96 2.1% 4.7% 2.1% Duce- Texas State Cali Center fgrowth rates are uncompounded). The City of Denton does not currently charge water or wastewater impact fees. This Capital Improvements Plan has been developed according to the requirements of State law to be used as the basis for the preparation of impact fee ordinances for water and wastewater facilities. It identifies the capital improvements that will be required during the ten-year period from 1999 to 2009, and determines the portion of the costs of those facilities that are attributable to growth over the planning period. The water and wastewater impact fees are being developed in phases in order to get some impact fees in place before the end of the year. This first phase covers only the costs associated with central'aed water supply, treatment and storage facilities and wastewater treatmcnt facilities. The second phase will cover water transmission and distribution and wastewater collection + facilities, and will be based on the preferred development scenario resulting from the comprehensive planning effort. The maximum potential fees for new single-family water and wastewater customers are as follows. Table 1 POTENTIAL SINGLE-FAMILY FEES Maximum Water Supply, Treatment/Storage Impact Fee $2,044 MexlmumWaetewaterTreatment Impactfee $554 I Total $2,598 o_ jL Tabh 21. City of DentomWaterand Wastewetef Impact fee CIP 5/28/98 Page 1 OG 32 x o i Mimi" LEGAL FRAMEWORK Impact fees must be developed inaccordance with Chapter395of the Texas LocalGovemment Code. The state law lays out very specific requirements for the technical development of these fees as well as the procedures necessary for enactment of such fee programs. A key provision of the impact fee act is that lots that were platted prior to the adoption of the impact fee ordinance are exempt from payment of the fees for one year. No impact fee may be assessed on the application for a building permit or water or wastewater connection for such a lot within the first year of impact fee adoption. Given this 12-month grace period, there is generally no need for additional provisions to phase the impact fees in gradually over time. Another significant provision of Chapter 395 is that the impact fee schedule that is in effect at the time a lot is platted is the one that applies to the property, regardless of when development occurs. This occurs through a process called "assessment." Asse%menl must occur at tho time of plat recording, or, for property already platted or not required to be platted, at the time of development approval or building permit, whichever occurs first. Essentially, impact fee assessment simply locks in the fee schedule in place at the time assessment occurs. Any subsequent revision to the impact fee schedules does not affect the impact fees owed for the development. The statute makes clear that no action by the local government Is required to lock in the fee schedule. While state law also allows collection of impact fees at time of plat recording, most communities impose water and wastewater Impact fees at time of connection to the utility system. LAND USE ASSUMPTIONS "Land Use Assumptions" is the term used in Chapter 395 to refer to growth projections. It is defined as a "description of the, service area and projections of changes in land uses, densities, intensities and population in the service area over at least a 10-year period." The purpose of the Land Use Assumptions is to project the demand for capital improvements that will be needed to serve anticipnied growth. r • While [.and Use Assumptions are important for facility pl~mning, this does not mean that they will necessarily have a strong relationship to the impact fee levels themselves (i.e., the Impact fee per dwelling unit). Denton's water and wastewater impact fee levels will be primarily determined by utility demand statistics, the cost to provide a unit of capacity and the amount of outstanding debt. Consequently, the impact fee level will, in general, be unaffected by the rate of growth Implied by the Land Use Assumptions or by the number of new facilities that must be built to accommodate anticipated growth. If the Land Use Assumptions prove to be p overly optimistic, some facilities included in the Capital Improvements Plan will turn out to be unrecessary and can be defened until a later date, while if the growth rate Is higher than l expected, additional facilities will need to be added. Adding or subtracting facilities from the City of DentomWeter and Wast water Impact Fee CrP 512818 Page 2 or 10 32X10 0 i ' Capital Improvements Plan may change the average cost per of capacity slightly, but is j unlikely to change it significantly. Thus, while the land Use Assumptions should be as accurate as reasonably possible in order to support sound facility planning, it should t e understood that they will have little effect on the Impact fee schedules themselves. i The Land Use Assumptions must cover at least a 10-year period. The Capital Improvements Plan on which the impact fees are calculated must contain the projected demand for capital facilities required over a period not to exceed ten years. Since the two must be compatible, both the Land Use Assumptions and the Capital Improvements Plan should cover a 10-year period. The Act requires that the public notice for the Land Use Assumptions include "an easily understandable map of the service area to which the land use assumptions apply." A document meeting the above requirements, Land Ilse Assumptions, was completed in April 1998 and was recommended for adoption by the Denton Capital Improvements Advisory Committee on April 22, 1998. The City Council held a public hearing on the Land Use Assumptions on June 2, 1998 and is scheduled to adopt them on June 16, 1998. The report contains 1999-2009 projections for population, dwelling units, nonresidential square footage, residential densities and nonresidential Intensities for the City's water and wastewater service areas. SERVICE AREAS Chapter 395 lays down a number of requirements regarding service areas. The Land Use Assumptions must be prepared for each service area. The Capital Improvements Plan, in turn, must include a description of the capital improvements and costs for each service area, based on the approved Land Use Assumptions. Finally, impact fees collected from development within a service area must be spent with the same service area. I The Texas impact fee enabling act, in Sec. 395.001(9), defines "service area" as! the area within the corporate bo,nrdarfes or extraterritorial Jurisdfction...of the political subdivision to be served by the capital Improvements or facilities expansions specified in the capital Improvements plan.... The service area, for the purposes of this chapter, may include all or part of the land within the politico! subdivision or its extraterritor' it Jurisdiction. i The City has considerable discretion in the designation of service areas within its jurisdiction. AS a general rule, the fewer the number of service areas, the better. Since funds collected from a service area must be spent within the same service area, the creation of a large number of small service areas will restrict the flexibility of spending impact fee revenues and may make it p difficult accumulate sufficient funds in some service areas within the five years allowed by law to spend them. The state statute specifically authorizes "systemwide" land use assumptions for t water and wastewater facilities. City of DentonWafer and Wastewater Impact Fee CIP 5128/98 Page 3 08 • i • k :ataae ~ o The service areas are required to be delineated in the Land Use Assumptions that are adopted as a prerequisite for development of the Capital Improvements Plan and impact fee ordinance. r The City Council Is scheduled to consider adoption of Land Use Assumptions for the water and wastewater impact fees on June 16, 1998. The document identifies the City's CCN service areas for water and wastewater as the respective impact fee service areas for those facilities. A CCN is a "Certificate of Convenience and Necessity" that must be approved by the Texas Natural Resources Conservation Commission (TNRCC) before services may be provided to properties within the designated area. The water and wastewater service areas include all of the area within the City of Denton, plus different areas of the City's Extra-Territorial. Jurisdiction (FTJ). The Wastewater service area i includes all of the area within the Water service area, plus and additional area that Is in the City's wastewater CCN but not In its water CCN. The service areas are illustrated In Figure 1: Water Service Area and Agure 2: Wastewater Service Area. The Land Use Assumptions put ' the City's 1997 population at 71,450, somewhat lower than the State Data Center's estimate for 1996 of 74,645. However, the Land Use Assumptions clearly show that the populations of the water and wastewater service areas are larger than the population of the city, and that strong r growth is anticipated over the next ten years. , Table 2 POPULATION OF WATERMASTEWATER SERVICE AREAS ) Chy of water weetewater _ Oeetoe Smite Ares Senke Area 1997 Population 71,150 71,400 80,300 1999 Population NA 78,931 85,190 % 2009 Population NA 121,362 130,987 Auwal Growth Rate, 199799 NA 3.0% 3.0% l Annual Growth Asia, 1999 09 NA 5.4% 5.4% t Source; City of Damon, Land Use Assunroons, April 22, 1998 (growth rates are 1 f uncompoundWf. i I ' t A k " 1 " City of Donton/Weler and Wastewater tmpet Fes CIP 5,+18198 ' ' ' t Page 4 09 'q Y 2ix~Q 32x~a • arm 0 Figure 1 Water Service Area i % r 1 r j700 _ _ i I 1 City of DOntorLIWater and Wastewater Impact Fee CIP V28/90 Page 5 is • +r „r~,2,~ ~ S C7 32X 6 I I I ~I Figure 2 Wastewater Service Area ~l A ti • 1_r J rI_j.- r oo i .'t ! r Ili ~ r r j'369 i r ~~\V/ City of D.ntom"atnanS Wastewater ImFact Fee CIP 5/28/98 Pape 6 1i ~rw sommod~ OWN= • I MINIM i SERVICE UNITS To calculate impact fees in accordance with Chapter 395, the growth In demand for capital facilities over the planning horizon must be expressed in "service units," which are defined in Sec. 395.001(10) as: a standardized measure of consumption, use, generotfo t, or discharge attributable to an Individual unit of development cakulated In accordance with generally accepted engineering or planning standards for a pan'cular category of capital Improvements or facility expansions. Most typically, service units for water and wastewr.:er utilities are based upon the capacity attributable to water meters in the utility system. The reason for this is that water meters are physical elements that are under the control of the utility and that limit the maximum capacity ° demand of various users. The recommended service unit for Demon's water and wastewater Impact fees is the "single- family equivalent" (SFE), which is based on the size of the water meter. An SFE is the water or wastewater demand associated with the smallest water meter used in the system (5/8"x 34), which Is the meter typically used by a single-family residence. The ratio of each larger meter's capacity to the capacity of the base meter determines the SFE multiplier applied to each larger size meter. Section 395.014(a)(4) of the Texas impact fee act requires: an equivalency or conversion table establtshing the ratlo of o service unit to various types of land rises, including residential, commercial, and industrial. i Despite this language, water and wastewater impact fees are almost universally charged based F on the size of the water meter, irrespective of land use. Table 3 is the recommended equivalency table, showing the capacity of water meters of van'ws sizes and the equivalency factors. , 1 s r, :M m J. City of Oontorv%ter and Wavewster Impact Fee CIP ty2840 Pepe 7 r' r y; t ~ r r 1 a, a' ~t §a{{~~~~~~ 2 v rry~ k 6 tis~srua + , O Table Z METER EQUIVALENCY FACTORS Water Maximum SFEa Meter Capacity per _ SUM Won) Meter x 3/4' 10 1.0 I' 25 2.5 1-i; 2' 50 5.0 2' 60 80 3' 160 16.0 4' 250 25.0 6" 500 50.0 8' 40u 80.0 1D" 1,150 1150 S,gy-rqe; Maximum continuous duty flow rates In gallons per nunute for simple and cAmpound meters from American Ws r r Works Association, AWWA Standards C7D0, C701, C702, Ci:' Excluding foul meters for wholesale customers, the City currently has 17,761 active water connections, with meters ranging in size up to ten Inches in diameter, Based on the recommended equivalency factors, the City currently has 30,630 single-family equivalent water customers, as shown in Table 4. Table 4 WATER SERVICE UNITS, 1991 t. Meter No. of SFE%/ , Size Customers Meter SFEe i 3/4" 15,438 1.0 15,438 'i V 830 15 2,015 1.112" 534 5,0 2,610 2" 760 8.0 6,000 0 3' 127 16.0 2,032 i 4' S8 25.0 1,450 t 6' 9 Soo 450 a" 4 00,0 320 <1 10' 1 115.0 115 To.sl 17,161 30,630 , urc}; Number of active noo-wholesele writ- connecsions 61 meter We from City of Denion, Apnl 1998; PCs per meter from title 3 I ' City of DontonMater and Wastewater Impact Fee CIP 9/26AP r t i Page 8 S✓~ ?5 32xIa 1 x a m - A= 11110~ 111111 ~~~rr : axeoaiea . E i i i. The City does not have Information on the number of wastewater customers by water meter size. However, it does have data on the total number of both water and wastewater customers by customer class. The total number of water and wastewater customers are virtually Identical. However, the 1997 data repeal that the City has more residential wastewater customers than water customers, and fewer nonresidential wastewater customers. Because nonresidential customers tend to use larger meters and represent more SFFs, the estirr.ated number of wastewater service units iR about 5 percent lower than the number of water service units. Table 6 WASTEWATER SERVICE MTS, I"S _ Resweodal Commeutal Covemsent Total Water Customners,1997 14,574 2,522 169 17,265 Wastewater Customers, 1997 14,856 2,309 100 17,265 Ratio of 'NastewatedWateCustomers t019 0.916 0.529 0.999 Total water sas, 1996 17,072 12,140 1,410 30,630 EstimatodWastawaterSFEs,1998 17,396 11,120 '50 29,266 jq_u c Average rrranl* non•whoksale water and wastrweter customers for 1937 horn city of Denton, Water Statistks and Wnslowerer Sretis+ics; total water Me far 1998 Irom Table 4; water SFEs by customer class derived from same source as Table 4. L Projections of growth in service units will be based on the population projections contained in the City's ado ;lad Land Use Assumptions. However, not all residents living in the City's water and wastewater service areas are City utility customers. Same residents rely on individual well water andon-site sewage disposal systems, Consequently, the total population projections from the Land Use Assumptions must be reduced to estimate service population. The service populations are estimated by assuming, based on the City staff's knavledge of their systems, that about 93 percent of potential water customers and 87 percent of potential wastewater customers are currently being served, and that these percentages will Increaee to about 97 percent and 89 percent, respectively, over the next ten years. ' The resulting estimates and forecasts of was, and wastewater service area pops, Cations, derived • from the adopted Land Use Assumption;., Shown In Table 6. 1 0 J City of Denton Water Ind Wastewater Impact Fee CIP 5/28/98 J: + r Page 9 + 1 , , 1 s , I a.eaae~ r 5 Xaat!N1L j Table 6 WATER AND WASTEWATER SERVICE AREA POPULATIONS, 1966-2009 Water Service Ares Wastewater Service Area , Total Service Percent Total Service Percent Year Population Population Serve4 Popslatioe Populstioa Served 1988 57,000 59,400 { 1989 58,000 60,400 1990 59,300 61,900 1991 60,200 62,900 1992 61,200 63,900 1993 62,500 65,400 1994 64,400 67,300 1995 64,900 67,800 1996 65,800 68,800 1997 74,400 68,9D0 93% 86100 70,000 87% 1 1998 76,632 71,1 D0 93% 82,709 72,150 07% 1999 78,931 73,300 93% 85,190 74,300 87% 2000 81,299 75,200 92% 87,746 76,500 87% 2001 83,738 71,500 93% 90,378 78,800 87% 2002 66,250 79,800 93% 93,090 81,200 87% 2003 90,562 87,800 97% 97,774 86,900 89% 2004 95,091 92,200 97% 102,631 91,300 89% 2005 99,845 96,800 97% 107,763 95,900 89% 2106 104,831 101,71D0 91% 113,151 100,700 89% 20,07 110,019 106,800 97% 118,8D9 105,700 89% 2008 115,593 111,100 97% 124,149 111,000 89% 2009 121,362 117,700 97% 130,987 116,500 89% Sourced Total population' orn City of Denlon, Lend Usa Arsumpfions; semca population from Alan Plummer Associates, Phase IImpact fee CIP Schedule, May 28,1998. e The 1998 estimates of the total number of water and wastewater service units can be related to the estimated populationsen,-ed in 1998toderive multipliers to convert population to service units. The multipliers are presented In Table 7, , City of DentowWater end Wastewater Impact Fee CIP 5128AI H r Page 10 15 'tt l j•l T"C' 1tM ! 5x 1 M 32X 1 11 1 INw~J". 0 tD M Table 7 POPULATION PER SERVICE UNIT 199e Service 1998 Pop! Population Me SFE Water 71,100 30,630 2.32 Wastewater 72,150 29,266 2,47 4 Jo ce 1998 service populations from Table 2•, 1998 SFfs from Ta')les 4 and S. The state Impact fee act, In Sec. 395.014(a)(5), specifically requires that the Capital Improvements Plan must enumerate, among other things: the total number of projected service units necessitated by and attributable to new developme„t within the service area based on the approved land use assumptions and calculated in accordance with generally accepted engineering or plonnfng criterfa This requirement of the impact fee act Is fulfilled by multiplying the service population in each service area by the population/service unit ratios, as shown in Table 8. Table i WATER AND WASTEWATER SERVICE UNITS, 1999.2009 Water Service Area Wastewat Service Area Service PopuladorV Service PopuladoN Year Populaton SFE SM Populatoa SFE SFEs 1999 73,300 2.32 31,595 74,300 2.41 30,081 2000 75,200 2.32 32,414 76,500 2.47 30,972 2001 11,500 232 33,405 78,800 2.47 31,903 2002 74,B00 2,32 34,397 81,200 2,47 32,874 A 2003 81,800 2.32 31,845 86,900 247 35,182 2004 92,200 2,32 39,741 91,300 2.41 35,964 i 2005 96,800 2,32 41,724 95,900 247 38,626 2006 101,700 2,32 43,836 100,700 247 40,769 2007 106,800 232 46,034 105,700 2.47 42,794 2008 112,100 2.32 48,319 111,000 2.47 44,939 a1 2009 117,700 2.32 50,733 116,500 247 47,ibfi Q New SFEs, 1999.2009 19,138 17,085 Source: Populations shown ere service populations from Table 6; population per SFE multipliers from Table 7. City of Oontors/Water and Wastewater Impact Fee CIP 5/2"1 ' t Pepe 11 2M M i 2 S x 10 32X , 0 I 1 DEMAND PROJECTIONS Figure 3 PER CAPITA DEMANDS, 1988.1992 Average per capita water and wastewater demands can bt determined based on historic systemwide demand in millions of gallons per day (MGD) and the historic service area 2~:21 - ---i-~ - populations presented above. These per capita law estimates represent both residential and nonresidential demand, and are useful for projecting future system requirements, particularly when no significant shifts of land use M ratios are expected. 1911 19" IW 1111 1112 1912 IN4 119! It" 1111 Two types of per capita water demand are . Puklrllla Avg Wall( a- Avg Wistowear relevant: water treatment systems are sized to accommodate peak day demand requirements, while water supply facilities are required only to accommodate average daily demand. Wastewater treatment facilities, In contrast, arc designed to accommodate average daily flows during the peak month. Per capita demands over the last ten v ears are illustrated in Figure 3 and p~esel.ted in he following Tables 9 and 10. Based on these data, Alan Plummer Assoclales has determined that 360 gallons per capita per day (gpcd) should be used to project peak water demand, 180 gpcd should be used to project average water demand and 170 gpcd should be used to project wastewater flows. i tbb 9 r , WATER DEMAND PER CAPITA, 119811-107 Total Demand IMGDI Service Per Capita (9pcdl Year Feak Average Population Peak Arenye 1988 21,42 10.38 57,000 376 182 1989 1997 9.24 58,000 321 159 1990 20.72 1037 59,300 349 175 ! • 1951 21.72 9,85 60,200 361 164 1992 1712 8.91 61,200 281 146 1993 22.74 910 62,500 364 158 1994 18.81 9,06 64,400 292 141 1995 20.05 9.12 64,600 309 141 1996 22,68 12.09 65,800 345 184 j 1992 23,33 10.91 68,900 339 158 0 . Assumed for System Demand Projections ^460 180 rc Peak day and annual Fitisf ed water productico (excluding wholesab usa) from Alen Plummet Associates, Phase I fmpecr Fes C1P SchoCufe, May 28,1990: water service population from Table 6. City of DentomWater end Wasgwatar Impact Fee CIP 5!" 3/98 'I' ; i I Page' 2 i 11l ~caaaarr 0 y M Table 10 WASTEWATER DEMAND PER CAPITA, 1988.1997 Td, Demand Service PerCap)te Year (MGD) Populogoa (geed) 1988 9,28 59,400 156 1989 927 60,400 153 1990 9,87 61,900 159 1991 9.44 62,900 150 1992 9A3 63,900 148 1993 9,04 65,400 138 1994 9,30 67,300 138 1995 11,32 67,800 167 1996 10,95 68,800 159 '197 12.48 70,000 178 Assumed fcr Projections 170 our Average dairy wastewater flows during peak month from Alan Plummer Associates, Phase IImpact Fee C1P Schedule, May 28, 1998; wastewater service population from Table 6. Based on then per capita demand assumptions, and the service population projections derived from the Land Use Assumptions, system-wide water and wastewater demand projections are shown in the following Tables l l and 12, Table 11 PEAK AND AVERAGE WATER DEMAND, 1999-2009 Service Per Capita lapedl ;Vfem Demand IMGD1 Year Population Peak Avg. Peak Avg. 1999 73,300 360 180 26,39 13,19 2000 75,200 360 180 21.07 1151 2001 77,500 360 180 27.90 13.95 2002 79,800 360 160 28,73 14.36 • 2003 87,800 360 180 31,61 1560 2004 92,200 360 180 33.19 16.60 1 2005 96,800 360 100 34.85 17.42 2006 101,700 3C0 180 36 61 16.31 iY 2007 106,800 360 180 3845 1922 dp 2008 112,100 360 180 4036 20.18 2009 117,700 360 180 42,37 21.19 Q New Demand, 1999.2009 15,98 8.00 Skoun Service population from Table 2; per capita demand from Table 9. City of DentarvWater and Wastewater Impact Fee CIP 5/28/98 Page 13 9R 2 5 ❑ 32 x 1 ❑ r , .r 4 i I4' ; Table 12 ( . WASTEWATER DEMAND, 1999-2002 Per Capita System . Servko Demand Oemead Year Population Ili (Mon) 1999 71,300 170 12,63 2000 76,500 170 1301 2001 78,BD0 170 1110 2002 81,200 170 13,80 2003 65,900 170 11,77 2001 97,300 170 15,52 2005 95.900 170 16,30 2008 100,700 170 17.12 1 2007 105,700 170 17.97 2008 111,000 170 18.87 2009 116,500 170 1981 New Demand, 1999-2009 7.18 Seurta: Service population ham Table 2; per tapita demand from Table 10. It should be noted that the system demand projections are based strictly on projected growth in retail utility customers, and do not include demand from wholesale customers. This is because the City's contracts with its wholesale customers allow the City to terminate the obligation when it needs the capacity for ib retail customers. G ~ a I •1 - I " i 1 1 I . e ,a• 4 a .r 1 l t r( K ; It ! f 4 i Y ' t ~ Y : J City of Donton/Wa1N end Wastewdar trT ict fee OF v28l98 + : t ! r Pape 11 1 2 x 32x~~ i 0 ' +srm9n9a , Q , i 9sarm9 1 CAPITAL COSTS i For all components of the City's water and wastewater systems, there is some exo is capacity that will accommodate a portion of growth demands. But additional fa Alities are also needed. The calculations in this section allocate the excess capacity in existing systems for use by new development, with the remainder of growth demand being tnet by new facility capacity. This produces a weighted average cost for new development that acknowledges the fact that new customers will use existing facilities, and will at the same time create a need for additional facilities. The cost estimates presented in this report are based on conceptual design for use In plannin3 and impact fee computations. As more detailed site information becomes available, an update of the project costs should be made based on detailed site survey and design Information. Water Treatment Water treatment facilities are sized to accommodate peak day demands. The existing Spencer Road water treatment plant has a maximum daily capacity of 28,9 MGD. In 1999, the peak day demand is projected to be 26.39 MGD. Consequently, there are no existing deficiencies in water treatment capacity. On the contrary, the existing plant will have excess capacity of 2.51 MGD. New water customers anticipated over the ten-year period from 1999.2009 will increase the peak day requirement by 15,98 MGD. A portion of this can be met with existing excess 1 capacity, while the remaining 13,47 MGD will need to be met with new plant capacity. The City has completed preliminary design for a Figure / new water treatment plant to be located near PEAK WATER DEMAND AND CAPACITY, 1 OW2009 Lake Ray Roberts, The initial construction phase will be for a plant with 10 MGD capacity. 11 All of this capacity will be required by projected /s growth. The second phase will expand the 40 -----------"°"'0A-G0 capacity by an additional 10 MGD, and a 9s portion of this capacity will also be required by 30 _._`.aqC "¢a9 • Is IWo - projected water customer growth ovpr the 1999- 21 2009 period (see Figure 4). 20 In addition to the new treatment plant, related 10 facility improvements will be needed to convey s the raw isle water to the treatment plant and the e treated water to the City's water transmission Xoil 1990 11 17 1191 191 1991 7000 7001 7J01 2001 1001 system. These Include the Hardee Field Road -.r,",w „ea.rrve A A"1"40 O.m."a Booster Pump Station, the High School Booster + 0 Pump Station and the 7.2-mile main transmission line from the Lake Ray Roberts plant to the 0 t; y city system. Finally, two elevated storage tanks identified as needed in the City's Water l 1w► Distribution System Master Plnn are also included in the first phar water impact fees (a third City of DentorsWater and Wastewater Impart Fee CIP 5128/98 Page 15 20 r. 1 9~y~y • r 1.0 MG tank for the 900 pressure plane is required for existing conditions and Is not eligible for irrrnaLt fee consideration). li The existing and planned capital improvements and costs for water treatment, pumping and storage facilities are summarind in Table 13. About $44 million is attributable to the cost to serve new water customers anticipated over the 1999.2009 period, Dividing the eligible cost by the projected number of new water service units results in a cost of $2,278 per service unit. Table 17 WATER TREATMENT/PUMPINWSTORAGE COSTS,1999.2009 Caa chytMODI Percent Total Needed 1999.2009 Total Cost EI{pible Cost Existing Spencer Road WTP 2890 2.51 8.69% $45,300,000 $3,931,000 Lake Ray Roberts WTP, Phase 1 10,00 1100 f 00.00% $25,000,000 $25,GOUGO Lake Rey Roberts WTP, Phase 2 1000 3.41 34.70% $15,000,1700 $5,205,000 Subtotal, Water Treatment 48.90 15?9 NA $85,300,000 $34,142,000 1 Hardee Field Road Booster Pump Station 16.00 1347 84.19% $4,5DG,D00 $3,789,000 Nigh School Booster Pump Station 16 00 13.47 e4.19% $652,000 $549,000 Main Transmission line from Ray Roberts'NTP 44,00 1147 30.61% $4,850,000 $1,485,000 Booster Pump Station Tie-in 44,00 13.47 30.61% $1,400,000 $429,000 University Tank 12.0 MG) NA YA 75.00% $2,750,000 $2,063,000 1-35 @ loop 88 Tank (L0 MG) NA NA I DO.DO% $1,140,000 $1,140,000 Subtotal, Waly Pumpiny$torage NA NA NA $15,292,000 $9,455,000 l Total, Water TreatmenUPumpinotorega NA 15.98 43.34% $100,592,000 $43,591,000 New Water Service Units, 19992009 19,138 Cost per Service Unit ISFE) $2,278 Source Improvements and cost estimates from Alan Plummer Associates, Phase I Impact Fee CIP Schodufle, May 28,1998; cost of existing Spencer Road water treatment plant is depreciat4d replacement cn;t based on City of Denton, Feed Assets 1 Depreciation Report, September 30, 1991 end Fngineoring News-Record Construction Cost Index (current a March 19981. total peak water capacity rte a oed from Table 11; total capacities and percent of water tanks slt 6butabre to growth from memo • from P.S Aurora, P.E., City of Denton Pubre Works, April 20, 1999. Water Supply The City's water supply comes ~,rimarily from water rights in Lake L:KVisville and Lake Ray • Roberts. The Lewisville Reservoir was constructed by be U.S. Corps of Engineers to hold a total of 436,000 acre feet of conse:vaL;on storage, of which the City holds the right to 21,000 • • acre feet of storage. Based on a safe yield of 90.2 MGD, the City receives 4.34 MGD In water rights from lake Lewisville. The City also has 1i2hts 1~ Its share of treated effluent credits, which ) are projected to be 0.63 MGD in 1999, for a total of 4.97 MGD. City of Denton/1Nater and Wastewater Impact Fit CIP 5/2"1 t Page 16 44, 32 X 11__~ e , awcvaga I, 0 I I I The City's remaining water needs are supplied Figure 5 by fake Ray Roberts. The reservoir was AVERAGE WATER DEMAND AND SUPPLY, 19884009 II constructed by the U.S. Corps of Engineers n e„e.r9 ccr.996MO9 with the cities of Denton and Dallas being the 74 - focal sponsors and responsible (26% and 74% ; to respectively) for repaying 50 percent of the r if totdl cost of $301 millir n. The City has water k 10 rights of 198 MOD from this lake plus 17 _ wastewater effluent creiits from Gainesville of 10 -A about MGD for a total of 20.45 MOD, 3 - 9-- 3 The water supply from both lakes is 25.42 7 MGD. Since the City's total average water ° 193111990 1992 1014 1991 1991 IND100320a97ar,11904 demand for the year 2009 F7 projected to be 21.19 MOD, the City has sufficient water ~PmjededDemsnd ♦ actudtxmand supply for the planning period (see Figure 5), { The total cost to the City for its participation in the construction of La1'.e Ray Poberts is estimated to be about $69 million, excluding interest payments. A portion of this cost, however, is for a greenbelt and other recreation facilities. Excluding recreational costs, the total cost to the City is about $62 million, as summarized in Table 14. Table 14 LAKE RAY ROBERTS COST 1997 Capitalized Cost 567,46s,u38 I Pl,Js 1141996 Principal Payments 11,976,246 i Total Principe; Cost $69,441,584 i Percent Water 89.38% Total Water Cost 552,087,000 SLourc 1997 capitalized cost and percent water from City of Domn, `Schedule of Water Storage P;ghts • Lake Ray Roberts, for the Year Ended September 30,1997'; principal payments 1589.1996 from City of Denton, 'Lake May Romis Water Supply Current • Payments,' 1997. I As shown In fable 15, about 39 percent of the cost of Lake Ray Roberts Is attributable to 1 • growth over the 19992009 period. Dividing this by the projected number of new water service units results in a cost of $1,269 per service unit. 0 • 1 City of Du9lomWater and Wastewater Impact fee Ch 512818 1 Page 17 I . x 4 , owaarr O caps" Tibia 15 WATER SUPPI,V COSTS, 1999-2009 Lake Rey Roberts Water Rights (MGDI 1980 Lake Ray Roberts Treated Wastewater Credits (MGDI 0,65 Denton Share of Lake Rey Roberts Capacity (MGDI 20.45 Capacity Required for Growth, 1999.2009 MGDI 8.00 I Percent Required for Growth, 1999.2009 A 12% Denton Share of Lake May Roberts Cast $62,067,000 Eligible CcstAttributa6latoGrowth, 1999.2009 $24,291,000 New Water Service Units, 1999.2009 19,138 Cost per Service Unit ISFE) $1,269 ur a Denton share of Like Rey Roberts capscity from P.S. Aurora, City M Denton, April 20, I IA; water supply capacity required for growth from Table 11; Doom oher? of lake cost from Table 14; new water SFEs from Table B, Wastewater Treatment In 1994, the City completed a $911 million expansion of its wastewater treatment plant. The existing wastewater treatment plant has a depreciated replacement cost of about $21 million, as shown in Table 16. The plant is now designed to treat up to 15 MGD, and is in compliance with all State an,: Federal discharge permits. With a projected demand in 1999 of 12.63 MGD, the City has no existing capacity dertclencizs with regard to wastewater treatment. Table 16 EXISTING WASTEWATER PLANT COST Existing Plant Original Cost 326,89088 ENR Factor lur 1994 1.086 Replacement Value $29,203,000 Percent Depreciation 277% Depreciated Replacement Cost $21,114,000 our y Original cost Jas of 1994 upgrade) and percent dep, eciallon from City of Denton, FixedA.sers Depreciation Report, September 30,1997; ENR factor basedon Merch 1999 Construction Cost Index from Engineering News-Record. Q ~ Q Q ~j City of DentoinsWater and Wastewater Impact Fee CIP 512818 Page 1a 2J ~rr 25 < 32XID • ' r1r .f y f ,i I ~ S 0 tr ~ .i j F a According to the demand proje :eons presented ea tier, protected growth le wastewater Fyere b WASTEWATER FLOWS AND CAPACITY, ISil 001 customers over the 1999.2009 period will increase demand by 718 MG0. As a result, a new customers over the next ten years will s r~ - - F7Z consume the remaining excess capacity In the ; 1g N.N"C.orzK9 • It MOD treatment plant, as welt as 80 percent of the ; 14 capacity f ! capacity of the planned 6 MGD expansion (see it it Figure 6). Dividing the costs of existing and +0 new capacity attributable to projected growth roe , by The projected growth to wastewater service units results in a cost of $899 per service unit, t j P as shown in Table 17, e 1116 1110 111t 1114 loge rag12 Do 200, :d01 roaa rape , Projected Flaws ♦ Aet,nl Flam i Table 17 WASTEWATER TREATMENT COSTS,1999.2009 z. Cooacity IMGDI Percent Total Needed 1OW2009 Total Cost Eligible Cost Ex isiingWe stewaterireatmantPlant 15,00 237 15,60% 121,111,000 S3,336,000 6 MGD Ex;+nsion 6.00 1.81 80A)% $15,000,000 $12,028,000 Y Suitotal,Wastewater Treatment 2100 7,18 NA 536,111,00) $15,362,000" ` New Wastewater Service Unite, 1999-2009 17,085 Cost per Service Unit (SFE) $899 + Source; Improvements, capacities and cost estimates from Alan Plummer Issociales,Phase IImpact Fee i CIP Schodule, May 28,1998; total capacity needed from Table 12; existing plant cost from Table 16. I~ i 3 4 , i I r . • f % P Cfty of DentortWalor and Wastewater Impact Fa CIP 5128/98 r, r t r r Pape 19 f " 24 2 V x 0 l ~a DEBT SERVICE CREDITS New water and wastewater customers will help pay off outstanding debt incurred for existing facilities through their monthly rates. To avoid requiring new customers to pay twice for capital facilities, once through impact fees and again through rate payments, the impact fees should be reduced to account for debt service payments. In this section, adebt service credit per ervice unit is calculated for water treatment (all existing water facilities with the exception of Lake Ray Roberts), water supply (Lake Ray Roberts) and wastewater facilities. Although this phase of the impact fees covers only the cost of central facilities, it was not possible to determine what portion of outstanding debt was for improvements to such facilities; consequently, credit was given for all outstanding debt. The methodology used was to divide each year's debt service payment by the projected number of service units in that year to deterr pine an annual credit per service unit. The net present value of the future stream of debt service payments is the debt service credit per service unit Table 16 WATER TREATMENT DEBT SERVICE CREDIT Year Principal Interest Total Water SFEI CredWSFE 1999 $1,329,000 $600,000 $1,929,000 31,595 $61 2000 $1,175,000 $529,000 $1,704,000 32,414 $53 2001 $1,131,000 $472,000 $1,603,000 33,405 $46 7002 $1,097,000 $41900 $1,516,000 34,397 $44 2003 $1,018,000 $365,000 51,443.000 37,845 $38 2004 $1,051,000 $311,000 $1,362,000 39,741 $34 2005 $1,026,000 $256,000 $1,284,000 41,724 $31 2006 $990,000 5206,000 $1,196,000 43,636 $27 j 2007 $836,000 $158,000 599400 46,034 $22 2008 $891,000 5113,000 $1,004,000 48,319 $21 2009 $125,000 $11,000 $795,000 50,733 $16 2010 5'41,000 $36,000 $517,000 51,747 313 2011 $68,000 $18,000 $86,000 52,782 $2 2012 $72,000 $14,000 586,000 53,838 $2 :I 2013 $75,000 $11,000 $86,000 54,915 $2 2014 $60000 $1,000 $87,000 56,013 $2 1 2015 S86,OD0 $2,000 $88,000 $1,133 $2 Tutat $12,351,000 $3,590,000 $15,941,000 $418 J •l 1 Net Present Value 5321 SourcL Debt service poyments for existing wHer facilities, excluding Loki RIV Roberts, O from City of Denton Water Utilities, 1998; water SFEe 1999.2019 from Table 8; water SKI 20102015 estimated assuming 291 annual growth; net pmsent value based on ' 5.5% discount rate. City of DsntonMlater and Wastewater Impact Fee CIP 5/2846 r Page 20 i zJ ~ s 0 ;kWn--M Table 19 WATER SUPPLY DEBT SERVICE CREDIT Non- Water , Year Principal Interest Total Recreation SFES CsedOFE 1999 3490,000 $2,072,000 52,562,000 $2,290,000 31,595 37i 2000 $525,000 52,032,000 $2,557,000 $2,285,000 32,414 $70 2001 $1,140,000 $3,704,000 $4,644,000 $4,330,000 33,405 $130 2002 $1,415,000 $3,628,000 $5,043,000 $4,507,000 14,397 $131 2003 S',495,000 52,135,000 $4,230,000 $3,781,000 37,845 $100 2004 $1,115,000 $1,115,000 31,130,000 $1,993,00'. 39,741 $50 2005 $755,000 $3,397,000 54,152,000 $3,711!0o, 41,724 $89 2006 %;0,000 $3,346,000 $4,156,000 53,71 ,OLO 43,636 $83 2007 $865,000 53,301,000 $4,166,000 $3,724,000 46,034 S8} 2008 $910,000 $3,253,000 $4,153,000 $3,721,000 48,319 $77 2009 $960,000 53,202,D00 $4,162,000 $3,72U,000 50,733 $73 2010 $1,015,000 $3,148,DD0 $4,163,000 $3,721,000 51,747 $72 2011 $2,025,000 $3,065,000 $5,090,000 $4,549,000 52,762 586 2012 $2,140,000 31,952,000 $5,092,000 $4,551,000 53,838 $85 2013 $2,265,9D0 52,830,000 $5,095,000 $4,554,000 54,915 St13 ` • 2014 $2,390,000 $2,7111,000 55,091,000 $4,550,000 56,013 $81 2015 52,530,000 112,50,000 115,094,000 $4,553,000 57,133 $80 2016 $2,675,000 $2,417,000 $5,092,000 $4,551,000 58,276 $711 2017 $2,835,D00 $2,261,000 35,036,000 $4,555,000 $9,441 $71 1 2016 $2,995,D00 $2,095,000 $5,090,000 $4,549,000 60,630 $75 2019 $3,175,000 $1,919,000 $5,094,000 $4,553,000 61,843 $74 2n20 $3,360,000 $1,733,000 $5,093,000 $4,552,000 63,080 $72 2021 $3,560,000 $1,536,000 $5,096,000 $4,555,000 6i,341 $if 2022 $3,765,000 $1,326,000 $5,091,000 34,550,000 65,621 $69 2023 53,990,000 $1,105,000 $5,095,000 $4,554,000 66,941 $68 2024 54,125,000 $871,000 35,096,000 $4,555,000 66,279 $67 2025 $4,475,000 5622,000 $5,097,900 $4,556,000 69,645 $65 2026 $2,105,000 $437,000 52,542,000 $2,212,000 71,038 $32 2027 $2,220,000 $320,000 $2,540,000 $2,270,000 72,459 $31 j 2028 $2,340,000 $197,000 $2,537,000 $2,268,000 73,906 331 2029 52,4751000 5611000 $2,542,000 $2,272,000 75,386 $30 1 Total $67 040,000 565,951,000 $132,991,000 $118,667,000 $2,285 Net Prespet Value 31,162 i Source: Debt service payments for lake Say Roberts from City of Denton Water Utilities, 1998; non• 7q~ recreation portion is 69.38%, which excludes cost of greenbeh; water SFEs 19992009 from Table 8; water SFEs Z0ID-2029 estimated assuming 2% annual growth; net present value based on 5.5%discount rate. City of DentorJWater and Wastewater Impact Fee CIP 5/28/98 t r Page 2} 26 Y ?5'1G 32111 onowasm~ ft 1 y i 0 ,aeaeara . • I . a..~ we. f Table 20 WASTEWATER DEBT SERVICE CREDIT i Wastewater Craft Year PAeclpal lowest Total SEES SFE 1999 $950,000 $683,000 $1,633,000 30,081 $54 2000 $891,000 '524,000 $1,515,000 30,972 $49 2001 $949,000 115,000 $1,524,000 31,903 $48 2002 $951,000 $315,000 $1,476,000 32,874 $45 2003 $966,000 $473,000 $1,439,000 35,182 $41 2004 5972,000 $420,000 $1.392,000 36,964 $38 2005 $988,000 $367,000 $1,355,000 38,826 $35 ' 2006 $993,000 $310,000 $1,303,000 40,769 $32 2007 $634,000 $266,000 $900,000 42,194 $21 2000 $674,000 $229,000 $903,000 44,939 $20 2009 $601,000 $194,000 $795,000 47,166 $17 2010 5584,000 $163,000 $747,000 48,109 $16 201 $490,000 $133,000 $623,000 49,072 $13 ' 2012 5 OX4 $104,000 $604,000 50,053 $12 2013 $510,000 571,000 $587,000 51,054 $11 2014 $520,000 150,DD0 $570,000 $2,075 $11 2015 $200,000 $31,000 $231,000 $3,117 $4 2016 $210,000 1`19,000 $229,000 54,179 $4 2017 $225,000 66,000 $231,000 55,263 $4 Total $12,808,000 55,249,000 $18,057,000 $475 Net Present Value $345 oM Debt service payments for 1981 through 1997 wastewater bone issues from City of Denton Water Utilities, 1998; wastewater SfFs 1999.2009 from Table 8; wastewater SFEs 201 D-2017 estimated essuminp 2%annuel grawth' net present value based on 5.5% discount rate. City of DontoNWeter and Wutewetw Impact Fat CIP 588/98 Ir rs r r Pape 22 2,1 , a - ::I~ ~ ><Ia 3~X10 , . ,urea I ' , , u s' n„iu..1 , 1 NET COST SCHEDULE The net cost per service unit is calculated by subtracting the credit per service unit from the cost per service unit. As shown in Table 21, the net cost per service unit Is $2,044 for water and $554 for wastewater. Table 21 WATER AND WASTEWATER NET COST PER SERVICE UNIT Cost/ Credit/ Net Cosy SEE SFE SEE Water TreatmenVPumpinyStorsgs $2,218 111321} 31,957 Water Supply 31,269 ($1,162), $87 Subtotal, Water Facilities $3,547 (51,503) $2,044 i~ Wastewater It-Vrnent $899 ($345) $554 Total, Water and Wastewater 54,446 {51,6461 $2,598 Source: Costs from Tables 13, 15 and 17; credits from Tables 18, 19 and 20. The following net unit cost schedule represents the maximum impact fees that may be charged by the City for central water and wastewater facilities, based on the adopted land Use Assumptions, the utility system evaluation and capital improvement cost estimatps prepared by Nan Plummer Associates, and the additional data and analysis presented In this study. Table 22 WATER AND WASTEWATER NET COST BY METER SIZE Water SFEs Net Cost" SFE Net Con oar Meter Meter per , Site Mater Water Wastewater Water Wastewater 5/8 .X V4' 1.0 $2,044 $554 $2,044 $554 1' 2.5 $2,044 $554 $5,110 51,385 1-112' 5.0 12,044 $554 $10,220 $2,770 I 2' 6.o $1,044 $554 $16,352 $4,432 9 3' 16.0 $2,044 $554 $31,704 $8,864 I C 25.0 $2,044 $554 551,100 $13,650 6' 60.0 $2,044 5554 $102,200 $27,700 8' 80,0 $2,044 $554 $163,520 $44,320 r 10' 115.0 $2,044 1554 $235,060 $63,710 o r , SFEs per molar from Table 3; net costs per SFE from Table 21. City of DalntonAMeter and Wastewater Impact Fee CIP 5/26/9$ a +1 ti Page 23 j` 2F % J JT ,~ih ~.r 25 x 10 32x 10 tilt 0 I ~Q I I , I ~ 1 r r'0 { AGENDA INFORMATION SHEET l AGENDA DATE: June 9, 1998 DEPARTMENT: SOLID HASTE ADMINISTRATION I ACM: HOWARD MARTIN SUBJECT: f Receite a report. hold a discussion and gite staff direction concerning a R«idential Solid Waste automated collection and a public prisate partnership to develop a Materials Recovery Facihtn t \IRF t, RACK( RO1.~.0, The baseline Solid %\aste budget recommended by the Public Utilities Board includes the tbllowing new programs projects with no rote increase • Residential Automated Route • RolI.Off Route Addition • Alternaike Dail) Cow a After Hours Drop•Off Site I Other programs considered but not recommended for funding include dumpster screening in the Oak tfickory street area. construction site pilot recycling program, and enhancements to the landfill drop-off recycling site The Public Utilities Board is also recommending a supplemental decision package for )our consideration toy a publiciprivate partnership to develop a Materials Recovery Facility (NIRF') A number of benefits could be realized by having the MRF irs'auding being able to provide curbside recycling to our residential solid Haste customers, beiltg able to recycle over 25'a uf'our N%aste stream. and the ability to off-set our cost by bringing in waste from outside I • the city limits I he MRF would process the waste b) removing rec)clables and the landfill bound caste woull be baled at a dcnsit% of 1800 lbs. per cubic yard as opposed to the 12001b density we currently experience in our landfill. this has the effect of creating additional space in our landfill this t'acility would enable us to achieve the recycling goals identified in the Solid N',ute \Listcr t'Lm I I 2.5 32 X III Mltr! i 0 t I . , i I ' The resider, .II r luw %wuld hetin kith the sacond quiner of FY 1999 and the MRF is a , -i<' esll ltlaleal I~ '~_III hriee„111_ lns the middle of I'N 1999. { PRIOR V LIO\r14 A 1L": I Discu,sian• th III: I'uhii: I uCltws Board re.arding these issues %+ere begun in January of tlds ? ear I I \IR1 ~r n.cpl .Ind linancing hju k: e~ohed based upon input from the Board. y IF nan~I,iI it nx on 311 Iv u:,.nted in the c\hibits. Respectfully submitted, { Charles S. Watkins j Director of Solid Waste L E\hIblt I H.iaa RacoInmendahorrs Eshibil_^ rfcordri'1.111i~att.~ldiUOn ~ ' EO&Ii 3 \Luanal keu.-aa'r fjoliq Fsfirbll a Prc,c,u.!!,n ~Iarcri.ll.n+d Financial Anahsls Backup I r' lr ~ ' • k r • • • h I ~r 2 f y, A } rjr r - Per 32x 1 { i BUDGET RECOMMENDATIONS •o*#BASI:LINE 13UDGET: owl Residential Automated Route . Lease ■ Purchase Roll-off Rwite Addition Alternative Daily Cover ~ After Hours Drop-Off Site ( lhunpster Screening in Oak/Hickory area ■ Construction Site Pilot Recycling Program ■ Enhancements to Landfill Drop-Off Site •:•MATERl.,1LS RECOVERY FACILITY (MRF) ' Private-opined and operated E r • 140,000 tons/year 1 City -kmiwl and operated .r 3 25 'k 32xd r 11 I I I I i RES] DENTIAL ROUTE ADDITION 1 j i , J~o t 4 L, I 26 x • r 1 u } 1 fully-Aufomated Collecflon i A fully automated system entails complete mechanical collection and dumplr 1 of a specialized container. Containers range in size from 32 to 440 gallons. The crew, normally one person, rarely dismounts from the vehicle during collection, so solid waste r containers must be placed where they are accessible to the lifting device. Customer participation in the placement of the containers is essential to successful automated collection. The collection vehicle usually has a large capacity to take advantage of the speed of operation. The body sizes range from 20 - 40 cubic yards. There are two types of automated collection technologies: ' a crane-like arm of four to 13 feet In length that can be operated by the driver from inside the vehicle cab, the arm reaches out, grasps the conWner, raises and dumps k and returns the container to its original positon on the curb; and r' • a claw like grasping device attached to the side of a side loader that extends out up to 4 feet to grasp the container bring it to the vehicle, raiss- tip-and empty the container and return the container to its original position on the curb. These containers must be sturdy enough or flexible enough to allow the claws to grasp them without damage. The claws handle containers from 32 to 440 gallons. Automated collection systems advantages include: i • no dismounting, no manual collection or dumping, • reduction to one person per collection vehicle, • the person is an operator not a collecir.r, • fatigue Is minimal, • dramatic reduction in injuries and • due to the less physical demands individuals with less physical strength can operate the vehicles. ' r~ . 4 Figure 111.3 illustrates several fully automated collection vehicles, i CNIW- 5 Id. Ali, Manua! Collection Manual collection vehicles can be of any size or configuration. Residential solid waste E is usually collected in compacting bodies rnounted on either single axle or double axle chassis. The common types of equipment used are rear and side loaders (Figure 111.1 Sizes range from 6.39 cubic yards. The loading hopper can be in the rear, side or front, hopper sizes range from 1.5 cubic yards. Some LGUs utilize open bodied non-compecting vehicles to collect bulky items, etc. NomW crew sizes range from one person who drives and loads to three or more workers. Normal wort( pattems for man ia! collectlon are: • one man • drives vehicle and loads, • two ^+an • driver and loader. both may bad, loader may bad, driver drives; they may Interchange roles, or • three man - drier and two loaders; driver drives, loaders load. r The drawbacks to manual collection are: • as the day progresses fatigue sets In and effects the speed of operation , • higher Injuries than semOull automated, • increased chance of lifting injuries • increased chance of injuries from boarding or leaving vehicle • cannot handle as large a We as semNull automatedcolleclion per worker, • greater percentages of severe Injuries, • crew physical bumout snd increased absen'eeism, and • crews must be physically capable of performing repetitious at stained lift of StNbs or more. a' l 1 a. ,7Z y s 1. Yes{ r~ K I a 32 X I a 4d'•r r n'. i e eatmtys , ~ rt~~ w c t SOLID WASTE PROGRAM OPTION Option IS (No Rote Increase) PRIMITI' P,4CXiR4AtDF- 'RIPrION CO.1'r NEr(A.4H11,41.4NotT ELECTRIC'REP4131ENr 5201,000 110(0,000 I Rrtidrntitl Aulumaled Ruule S12U kNl SkU 4ql 51IN1 IMM 2 Rull Off Rlwle Addition 3211114x1 SWAM S2WI VN 3 Allernulist Dail Cmer S41 W(I SMII INxI $2!11 4 After Hour Drop-Off Site SJS,IxNI SMII,IIIIU S19S,IkN %Ydll Xrrumme rfeW I undin Levee 5 DY TP41rr N'reenlnY SOU UINI SMII INNI SI It INNI h C'onvlrudion Silt Pilo) Rec clip S16 IN! SMU INNI SIJM 21NI 7 Nl I I 1 II 71NI Option I b (Nu Rate Iacrease) PRIUx1IF PROGKOIbE.1'C'R1PTION COST N'ETC4.w1kAI.ANC'E F'LECIRICREPAVAIENr -4 f201,00a S,111011, 000 _ I Re4dentid Mrnud Rewtr_ 332 MXI SIh'I,mN 1. SJ(NI 1NN 2 Roll Off Rewle Addition 52o pm SIW NNI SJINI,INw ! Allcremtite Did Cmrt _ S41 MNI 5911 S M) S31NI,INN1 I Sftrr (lour Drop-Off Site 3Js UINI SMIIrIXNI 32k! ,fNl • l M.nptter Icrrenini _ SiI~1,h.Yl SMII INNI $24jo." h ('omlrucllun Silt Pi1u1 Rcc clin _ IImix) SMII IN1U 5226 71xr li 7 t., 1 9 INI O on IC (No Rate Increase) 1 PRIORITY PROf;R44113f'V RIPTION C'ONT AF.'T(A.1'11 RAIAN('E ELE('TRICREPA)MENT' • _ 5101,(000 st(0(0,u(0n ~ ~ I RrtldenUd Semi Auloorovlyd Route _ SBII fNl S 12112m1 SIINI INNI 2 Roll Off Rlwtt Addition 32o INNI SIINI 21NI SJINI INNI _ ! Allerarthe Dail C'mer _i Sul ,94 K) SM111NN1 3264jTIMl 1 After 111wr Dru,Off Site , SI}INNI SMII INMI S2J1 1tN1 4 Dum iler xreenin! SJII NNI SMfI IX1U MOW 1lrrli ke'a nrrnia'm/r rl Fun,hn /.r,a1 6 Conti rut lion Slit Pifol Nrc clip _ 51b INI SMII fNw $1T7,9IN t EnAun r n M CI ro SJJ VM1 NII NNI III 11NI " , h :32 X 0 II l► , - o E f j , PROGRAM OPTION 1 Option to Option lb hrckaslog Equipment Aietiel Lgrlproeal m"Awl Perionael $77,000 577;00 S77M tSFTE Driver Bicku Driver d Tem Supplies 56100 16,000 56,000 FOCI Kim f5, 51N1 S1,500 Uniform Protective Clown SSW SSW ON Meinlenence SIl,S00 SIt,WO 510,0011 Senices 360,000 571,101 SO 9 Lease Purchase Conuiner Sam) 111,801 _ FgUipmanl N9 Vwnl $31 1W 31 ow l'apitd 510,Wn 510,000 SO p Tao Tlppcn $IfI1NN1 f10,0W 10TAL ft65 1184,300 9 'Alnnud,wlt will Ae NdnnlhifoiMduf WJ: I ~ 1 Cuslomergroath R01,S51 ) O•ertime 511,550 1 FY 1997 $69,160 Re"1011 of 25% (Proposed $91,191) FY 1991 116,191 FY 1999 $1 IN 900 1 Girbigebig SSW 7 lisisling personnel $IS INXI Tweet to Reildenliil 15 t i . S .601 f 32 x U ' I ~~S 1'..t 1r A l r l j ! r rr ~ v 0 I / n. A RESIDENTIAL ROUTE restonnege brush total 92 18776 0 18776 93 18493 0 18493 94 1793E 2507 20445 95 16842 4315 21157 96 16944 6930 23874 97 18860 7154 26034 ! Residential solid waste and brush has increased 38.70/v since fy 92 building perndt data 90 104 0 0 91 134 0 0 92 196 0 0 93 one fain detached 307 two family l one fuss ettecbed 0 94 252 4 0 95 258 3 2 96 267 I 14 97 On sept 202 0 6 total of 1760 uniu F ResidtA&I 0el5ng, 7 residential driven i 4 Mainte+wtue Worker 11 3 I I Maintenance Worker I 1.25 Templumnal Note Used to have 6 driven, 5 Mairst Worker Q, end 12 Malin Worker 1. Reorganized in 95/96 by promoting one res fupv to coUecdon mgr, added a crew leader and deleted a Maid Worker 1. Last ry 824 hours were loft due to worker comp. From 1994 thru 19% residential avgo Wax 151 hour sick et►d 2209 hours vacedon, .0/1 l • M `~«v'. 1 I11 I R dry` ` V V J, t d v n r~> ] 0 . i' Y F e 1 v I t ' I I l~~v hOUM OOlnt by r"s 6SoaTbur ll Fri Oft Wed biuk 1 1310 1112 3 2 1370 1197 3 3 1654 1200 3 4 lots 1149 3 s 1220 1305 3 6 1124 1347 3 7 A" roues 667 3 0493 7917 1317 Avormoo c 't i t 10 t 25 An 32x o MATE MAL RECOVERY FACILITY II ' r 11 1 25 32X • o SUPPUMENMI FUNDING REQUEST FY !11699 I 1I J/ Doot D-va,on _ Solid Waste Di,~s,on No. Unohll 1 I I Program Title. Matefcal Recovery Facility 8441 program Oaacrlption, ' Pubike prvata partryship w,Ih a .vane canvas on Mm to construct Ind 09111 a *atanaV r/Corby rac,wty IVA$) neJ' d7 C,Y Of OlMIOA $n4114 pro rem Personnel M wet Oli No of M glg,n DUN Annual Hours, Positions Proposod Position Title End Date Fit Pro ram taplndhure 0ii Account bud ettmpact No. Account Title 1st Year 2nd Year 3rd yea Frpendifure lncreue: I #I 6123 Plastic eggs. glue logo 25,000 96xx MRF Procosun Its 255.061 Wix MRF Ca0ital Its 217,296 $600 Closure Pdstetosurs 11 630 \ $622 Tramllaf IFranch se Fall 25 341 Fr endifure ReduePon: 1.1 Revenue fnAencemenl, 1.1 outside Conflict Revenue $13,900 jowls-do Franchise see pevenul 21,900 RlcYtlin Revenue 1,000 funding from 0 11 Sour pets 1.1 lrplrmi~re Inuaasas Subwul 134 S)) 0 0 iiiiwd lure Reduction Subtoul 0 0 0 Revenue Enh/rclmenl Subtota 651 000 0 0 • Funding from Othef Source) Sublolal 0 Y 0 0 0 ' Total Pro um hooding Ile Yemen! r • 119.117 0 J1 ± Negative mumbo, roprellmll a net evU11 of revenue over arunse Isla rrlq Sriil 1)'aV 12 r 32 X ' t s ;wee 0 l i_---_--- --------------CI1V OF OENTON TEXAS ANNUAL PROGRAM OF SERVICES Dapt. Solid K'sete Divis;mOivts on No, Landfill 10,1031 1996.97 1997.98 1997.98 1998.99 RESOURCES ACTUAL BUDGET ESTIMATE PROPOSED R Outside contact Revenue 0 0 0 633100 Outside Franchise Fee Revenue 0 0 0 24,500 Recycling Revenue 0 0 0 1,000 TOTAL RESOURCES 0 0 0 654.000 1996.97 1997-98 1997-90 1998-99 EXPENDITURE SUMMARY ACTUAL BUDGET ESTIMATE PROPOSED SuD01,es 0 0 0 25,000 MRF Processing Fee 0 0 0 255,064 MRF Capital Foe 0 0 0 217.298 Closure PonUcsure 0 0 0 11.830 Transfer IFranchna Feel 0 0 0 25,341 0 0 0 0 TOTAL EXPENDITURES 0 0 0 534,533 PERSONNEL 1998.97 1997.98 1997.98 1998.99 IFul T1me Edufvatenlal ACTUAL IUOGET ESTIMATE PROPOSED SerncrMamtenen<a 0.00 0.00 0.00 0.00 OIIU1Clenul 0.00 0.014 0.00 0,00 TechnicN;Pusprofesmonal 0.00 0.00 0.00 0.00 Profmoi0nal 0.00 0.00 0.00 0.00 f Swommu01k Safety 0.00 0.00 0.00 0.00 Man62ement/Superv410n 0.00 0.00 0.00 0.00 TOTAL REGULAR PERSONNEL 0,00 0.00 0.00 0.00 TsmporaryiSeasonal 0.00 0.00 0100 0.00 TOTAL PERSONNEL 0.00 0.00 0.00 0,00 MAJOR BUDGET CHANCES 1 w PuWictpnvals partnership wnh a wane conversion firm to construct and Operate 1 a malenals recovery faulfly, (MRF) near IM City of Denton Landfill 'DeoPUfed to Ouehy SeMn' ,I ~r9r' f ~ I $Jew r,+r 111 124 64 1 J1 au 13 - 1~,x a 32 x I a 0 • Landfill Life with Increased Compaction Life through 2066 versus 2040 14.000,000 12000.000 - - N v 10,000,000 I (1 0,000,000 r U i i r ' 4,(100.000 i 2,000,000 - - 1 1090 2004 2000 2014 2010 2024 2020 2094 2039 2044 2049 2054 -•-1600 LBa 1 CY 4200 LBs I CY 25 'k 10 32JO esee®r~ , O 1 1 Landfill Coll Usap (Year Entering Each Coll) 2015 2013 - - 2011 - - 2009 2007 - - - r 4 2005 - 2003 - - - 2001 1999 1997 - ------1-- - Cell I Cep 2A CON 28 Cd 20 Calf 3A -+-No Expended RKy*V ~ -*--WCI Recyc*V + 40,000 Tons mA WCI RecydWV+180,^90 Toro I AMHIII CAN Waca Fiscal Year Entering each Coll . W-I Gal 2A Cal-21 C" C" No Eeperded Recycling list 2001 2003 2006 200e WCI Recycling + 40,000 Tors lots 2002 2005 2010 2014 WCI Recycling + 150,000 Tone lots 2001 2002 2006 toot I l21M 2440 2441 2002 2002 244 2401 2000 2m7 2001 MW 2010 No Expended Recyclkq 1 1 2A 2A 21 21 as 2C 2C IA IA 2A r, WCI Recycling + 4:+.000 Tone 1 1 1 2A 2A 2A 21 21 21 as 21 2C WCI Recyc*l + I60,M Tom 1 I 2A 24 21 21 2C 2C SA 2A 38 35 • 1 e ' 0 ~ac+~sa SOLID WASTE RF U tion~ OPTION PkOCkANI DESCRIPTION NET CASH BALANCE" RATE IMPACT LANDFILL REC'1'cLINC, I 1999 2111102M11 2)12 211111 1999 2111)(1 2001 2!1112 21)1) CMR, SITE LIFE YR. %ofVino 11 a 1111'!. UIM1M1u h510Y 111. J111"'. 1 Basel.lae F a 201,111, 40 2 tow, 016 111X1%u b511'fY U": 4lum. YY, IIII"Y IIII'!Y II I1"Y 11 I1h 1IY,Y NIRF Q ~ 2 With 1111,01)) llnlr f ZS + 1211,222 IIII 15151. 16 6ulyni Ypgnm ]I I1Mi T.nu Y1 N ~ N ~ • Oil% II11°. mr. Ufr, 15% 111F2F' y~ ua;: ulwi Out. 001,16 Otr,. 1 With Arvowl of 28111.)X1 Tarn ON Ilwu~h lwr.~e In 1111 lnuJllll yu.r Yl Y.m,Y btW yy yy yy Y~ h~v 1M k."Yrlrl y~ yY N • tlfY,'Y II(MY U11",. 011!1, Il 0!S i 1 1 1 rr r i r r 1 III l~ K~ 3 2x1a e a~P. • O I Material Recovery Facility ( 331 Tons Par Day COD Private u Work Days Ton Per Da r,y t _ ti^.w =rr'r•s , '°i Diversion Rata (Total Tonnage) Processing Fee Rseycling Processing Fee Rac silo bale Ci Si of commode revenue Fixed Cost Return Annual Monthly Annual Monthly Fixed Cost Ca Itsf Payments Pa ants Pa nts payments Building 1109 <11 9 120 $109 440 912 Equipment Baler, Conveyor, Etc. 65,648 23,804 285,646 23,6 0 Add 10'6 0 0 0 arlable Cost UM Salarles Personne $591.1501 49,2631 591 156 49 2e' Others Su Iles, aint. Services 345,600 600 345,600 24,0 I Volume a rocessin ost onna ee onna a ee Commercial 4 2 1 4 _0 : 3 0 Residential Isaac' $75520 _ la,680 $991. Contract, Cash Fee Other Dept. 13,697 $54.788 13 891 171.9091 Outside Load 0 0 Total ReC cTln Processing OlYllle Cost Recycling Volume 4 vVC1Recy011 Revenue 14944 8591161 14429 4~72134 COD Rec din Revenue 41 -S59,7761 14,E Tote 14 ' Total Variable Costs (Oafdj Y $036.766 Processig Revenue 11164.232 Profits 1.4% 1 471 29.0% $21,11.6411 rofai Fixed a Variable Colt _ KA112, 1 !!11 1 Total Revenuo Fixed a procassin SIR 11! f 1 402 Profits 1.111 I 1t. t7 Q Cost r Ton? $9.09 111 lop Revenue r Ton $9.22 $11.77 11 Prorrf per Ton 17 ,y: +!WP rAla ' 1t 'Cl 32 x C] 6 0 Material Recovery Facility 160 Tons Per Day COD Privets s r Da ,n RaU ot al Tonne a sin Fee NR*cycllngSal# p Procesaln Fee CI % of commodity revenue FIRed post aturn Annual Monthly Annual Monthly Fixed Coat Ca Itet A4334 Pa ants Ps to Pa ants Building 9120 109440 91 Equipment Baler, Conve or, Elc. 23,504 265,546 23,601 6.3-95048 Add 10% {3i 214 617 34!1 arlable Cost UM Salaries Personnel 5591,1551 49,2631 $591156 292"e rs (Su Iles, Maint. Services 45, 26, 34 olume & Processing Cosf Tonnage N onna e N Commercial _ 711000 1.0001 19, Residential 19 500 $76 000 9,500 $67 7S Contract, Cash Fee, Other De 14 500 $56000 14 600 $6S 2S Outside Loud ,9 0 13 A 34,950 I5 ,275 Total j Recycling Processing VolumeS, Cost Rec can Valume 1 WCIRecycling Revenue 20,293, N11710 19503 $9196 COD Rec clip Revenue 2 293 46117 } 19593 3,4 Total 20193 • Tow Variable Costa OdM $931166 934 764 I~ Processing Revenue {1 ! 3N 1 3 441 Prefts 37.79 563 663 N.99 111119 1111 Total fixed d Variable Cosb f 1!f 4f i J3 4 f Total Revenue Flxod A Procesatn 1 ! i4 f !70 Pro9ts 19 2 6 O • ~ 0. Cost per Tor) 062 Revenue per Ton f233 $14.06 11froffig2r Ton _ 1 4. I 5W 1' f / r ♦ i~ ,w t rr~ . 0 1 5 Solid Waste Franchise Fee $700 $000 - _ - - _ _ _ $500 I $400 w0mv- sno - - - $200 - - - I $100 y FY04 FY00 FY01 FY02 FYOS FY04 FY06 ~hl3asellna (Option 1) -*-MRF With Plus 40,000 Tons (Option 2) MRF With Plus 180,000 Tons (Option 1) _n_(_` t ~ti(,st 7 k 32 X Ia 1 ~ .1 ~ ~ o Id 1 Jar, ! ~I !tt (rill/lt171 p 1 51KllffJU i ~ r~ ~t : ul f t. ! r I rf i PRESENTATION MATERIAL AND FINANCIAL ANALYSIS BACKUP l~ r~ a yi 1 Ti t ! 1 R1 20 4'. 26 yX ~ ~ 1 t~` ism- S l f SOLID WASTE MASTER PLAN ORIGINAL GOALS: j ♦ Continue drop-off recycling until curbside begins ♦ Bi-monthly curbside newspaper collections - 1996 ♦ 'target high value materials ♦ Intermediate Processing Center (1PC) - 1998 Begin once weekly collection of recyclables and once weekly collectin of solid waste - 1998 ♦ Elimination of drop-off facilities - 1998 I, ♦ Materials Recovery Facility (MRF) 2005 ♦ Achieve diversion rate of 10% - 1995, 25% - 2000,45% - 20059 50% - 2010,55% - 2015 ♦ Expand Landfill - 1997 ♦ Co-locate Resource Recovery Industries with IPC ♦ Regional Recycling & limited landfill services I . ~ Y 2 la 32x)a Y 0 w SOLID WASTE { MASTER PLAN REVISED GOALS: ♦ Continue drop-off recycling until curbside begins ♦ Elimination of proposed bi-monthly curbside newspaper collections ♦ Establish partnership for high value recyclables - 1997 ♦ Intermediate Processing Center (I PC) - 2000 ♦ Materials Recovery Facility (MRF) -2010 ♦ Phase in apartment complex recycling program ♦ Establish landfill recycle / salvage center ♦ Achieve diversion rate of 10% - 19959 15% - 2000, 30% - 2001, 40% - 2010, 55% - 2015 ♦ Expand Landfill in 1998 ♦ Co-locate Resource Recovery Industries with IPC ♦ Regional Recycling & limited landfill services 22 fG I f 2.5K 32XIa w~ 1' 4 ' I 5 0 ` r r J, " n SOLID WASTE ( MASTER PLAN DIVERSION FACILITY PARTNERSHIP: ♦ Eliminate need for Intermediate Processing Center ♦ Materials Recovery Facility - 1999 f M ♦ Eliminate need for commercial cardboard and office paper recycling partnership ♦ Eliminate need for apartment complex recycling program { ♦ Develop landfill recycling / salvage as component of Total Recovery Facility (TRF) ♦ Achieve 40% diversion rate by 2000 { G ` ~ P Y 71, 1, 0 ' r I j;' 23 i y 1 aw /'7f i ' J~J - - ! 25x14 32x~0', 6 A&'t7,r