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08-04-1998
A r i r y 5 of 1r City Council Agenda Packet August 4, 1998 { t 1 S'l ....+.r -r•"G' y1µ}JI~~~Jy Jal r~ x 0 !J k' w V[~,~/ 10 ~ e I 'Ai6'MM O na~vew Aai nda N AGENDA qp n~; Item CITY OF DENTON CITY COUNCIL August 4, 1998 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, August 4. 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 Neill be considered: I. Closed Meeting: A. Consultation with Attorney-Under TEX, GOVT. CODE' Sec. $51.071 1. Consider strategy and discuss status of case and possible settlement in litigation styled Mer Media Company v. Sign Board of Appeals of the 01y of Denton and the Ciiy of Denton, Case No. 98-50138-367 filed in the 367" District Court, Denton County. 2, Consider strategy and discuss status and possible settlement of case in litigation styled Ilannn Information Technologies, Inc. v. Azteca Systems, Inc., et al, Case No. 4:9%008 filed in the United States District Court, Eastern District of Texas, alleging copyright infringement, tortuous ' interference, and other intellectual properly matters. 13. Conference with P'mployces - Under TEX. GOVT, CODE Sec, 551.075. The I Council may receive information from employees during a staff conference or briefing. but may not deliberate during the conference. i C. Deliberations regarding Real Property - Under'[X, GOVT, CODE Sec. 551.072 1. Consider an ordinance amending Ordinance No. 98.182 relating to the purchase of right-of-way cnd construction of public improvements in Lakeview Ranch, to substitute revised Exhibits "A" through "E"' in lieu of Exhibits "A" through "C" and adding an Exhibit "F" to provide for reimbursement of the costs of condemnation for 1.83 acres of land locatad in the N1. Forrest Survey. Abstract No. 417 authorized by Ordinance No. 98.082. I 1 ANN' FINAI. ACTION, DECISION, OR VO-I E. ON A MAT'T'ER DELIBERATED IN A i CLOSED MEETING OR ON INFORMAIION RECEIVED IN A CONFERENCE w'1T11 ~ EiN1PLOYl{LS Wit 1. ON'l,Y BE: TAKEN IN AN OPEN MEETING THAT IS FIELD IN COMPLIAN'C'E WHII TI?X. GOV'T. CODE Cit. 551. TILE CITY COUNCIL RESERVES MV RICilll' TO ADJOURN INTO A CLOSED MEETING OR EXEC'UiIVE SESSION AS AUII IORV.ED BY T£X, GOVI, CODE SEC. 551.001, FT SLQ. (TEXAS OPEN MEETINGS ACT) ON ANY III:M ON I I S OPEN NIELSING AGENDA OR TO RECONVENE IN A CONIIINUAIION OF IIIE CLOSED NIF IIN'O ON THE CLOSED MEETING ITEMS O NOIFD ABOVE, IN i.C'CORDANCI, WITS[ TIFE TEXAS OPEN MEEIINGS ACT, INCLUDING. WFIFFOUT LIMITATION, SECTIONS 551.071--551.085 OF THE OPEN kM~ NILHINGSACS'. i t Regular Meeting of the City of Denton City Council on Tuesday, August 4, 1998 at 7:00 p,m, in f the Council Chambers of City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: tat r y, 32xI1' e o City of Denton City Council Agenda August 4, 1998 Page 2 I. Pledge of Allegiance A. U.S. Flag A. Texas Flag "i lonor the Texas Flay, - I pledge allegiance to thee, Texas, one and indivisible." I'RESE NTATIONSIAW ARDS 2. Presentations r A. Yard of the Month Awards [l, Keep Texas Beautiful Awards C. Tree City USA award by ham/ Schaapveld, Texas Forest Service CITIZEN REPORT 3. Receive a report from Roland Wade regarding City building code, vs, the Americans with Disabilities Act. 4. Receive a report from Dessie Gcadson regarding the City, of Denton and the resignation of Mayor Jack Miller, NOISE EXCEPTIONS 5. Consider a request for an exception to the noise ordinance for the Adults for Youth in Denton for a pool party on August 7, 1998 from 8:30 p.m. to 1100 midnight. (Civic Cen(cr Pool) CONSENT AGENDA Fach of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. the City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids and purchase orders to be approved for payment under the • Ordinance section cl'the agenda. Detailed back-up information is attached to the ordinances (Agenda hems 6.13). This listing is provided on the Consent Agenda to allow Council Members to uiscusg or ~eithdrau an item prior to approval of the Con;cnt Agenda. If no items are pulled, Consent Agenda Items 6.13 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 rill 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 snail then be considered before approval of the Consent Agenda. 0 • 6. Consider , doption of an o•dinance of the City of Denton, Texas authorizing the expenditure of funds for the semi-annual invoice for Dcnton's share of current debt service reimbursement of cost for design and construction ofjoint treated water pipeline; and pr,,viding an effective date. (Check Requisition to Upper Trinity Regional Water District in the amount of $27,994.43) y Y. 32x0❑ s , p ''iYL1fM City of Denton City Council Agenda August 4, 1998 Page 3 7. Consider adoption of an ordinance accepting competitive bids mud providing for the award of a public works contract for the Ector Street waterline in the amount of $297,230.30; providing for the expenditure of funds therefor; and providing an effective date. (Bid 02222 - Ector Street Waterline awarded to Circle C Construction in the amount of $297,230.50) 8. Consider adoption of an ordinance accepting competitive bids and providing for the award of a contract for public works on drainage improvements for Mockingbird culverts in the amount of $164,437.90; providing for the expenditure of funds therefor; and providing an effective date. (Bid 02223 -Mockingbird Drainage Improvements awarded to Earth Builders, Inc, in the amount of $164,437.90) 9. Consider adoption of an ordinance accepting competitive bids and providing for the award of a public works contract for the Kerley Street waterline in the amount of $826,041.00; providing for the expenditure of funds therefor; and providing an effective date. (Bid 02233 - Kerley Street Waterline awarded to Bowles Construction in the j amount of $826,041.00) 10, Consider adoption of an ordinance of the City of Denton, Texas approving a contract providing for the sale of certain real estate owned by the City of Denton; and providing for an effective date. (Bid #2218 - Sale of land 0.466 Acres Well Site No. 10 awarded to Faith Tabernacle Assembly of God Church in the amount of $1,001.00) 11. Consider adoption of an ordinance accepting competitive bids and awarding a contract for vehicle liability insurance; providing for the expenditure of funds therefor; and providing an effective date. (Bid #2232 - Vehicle Liability Insurance awarded to Higginbotham and Associates in the amount of $35,141,00) 12. Consider adoption of an ordinance awarding a contract for a five-year lease purchase of a color copier and accessories as awarded by the State of Texas General Services Commission; providing for the expenditure of funds therefore; and providing for an effective date. (P.O. 086143 to Dinka in the annual amount of $19,884.00) 13. Consider adoption of an ordinance authorizing the City Manager to execute a professional I services agreement with Carter & Burgess, Inc. for design of Eagle Drive and Collins . 1 Street drainage improvements; authorizing the expenditure of funds therefor; and providing an effective data, j PUBLIC HEARING i 14. Hold a joint City CounciLPlanning and Zoning Commission public hearing to hear comments regarding the draft interim Corridor Ordinance. O 15. Itold a public hearing and consider approval of m resolution adopting a Flood Mitigation Plan for the City of Denton, 'texas, in compliance with the National Flood Insurance Reform Act of 1994 as administered by the Federal Emergency Management Agency for the purpose of implementing a plan of action for upgrading or improving floodplain management and qualifying for federal financial assistance; and declaring an effective date. (The Planning & Zoning Commission recommends approval 6-0.) ~I 2 5K1❑ 32x10 1 tv ' 0 lK6iOg1 City of Denton City Council Agenda August 4, 1998 Page 4 16. 1 [old a public hearing and consider approval of a change in zoning on an 11.484 acre tract from Agricultural (A) zoning classification and use designation to Commercial, conditioned (C[c)) zoning district and land use designation; and providing an effective date, ('Z-98-009, Rancho Vista) (The Planning & Zoning Commission recommends approval 5-0.) 17. l lold a public hearing and consider approval of a request to rezone a 14,31 acre tract from Agricultural (A), Office, conditioned (O[c]), and One-FamiIy Dwelling (SF-10) zoning classification and use designation to Office, conditioned (O[c]) zoning district and land use designation and the revocation of Specific Use Permits Number 194 and 196. The property is located west of Bonnie Brae Street, approximately 750 feet north of Willowvsood Street in southwest llenton. Fxpansion of Liberty Christian School is proposed. (Z-98.031) (The Planning & Zoning Commission recommends approval 7-0.) ITEMS FOR INDIVIDUAL CONSIDERATION 18. Consider adoption of an ordinance annexing a 3032-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 on tite annexed land; and providing an effective date. (A-76, Rancho Vista) (The Planning & Zoning Commission recommends approval 5-0,) 19, Consider approval of a resolution of the City of Denton, Texas approving the 1998.1999 budget of the Denton Central Appraisal District; and declaring an effective date. :U. Consider approval of a resolution voling for a member to the Board of Managers of the Denco Area 9-1.1 District; and declaing an effective date. l 1 21. Consider adoption of an ordinance authorizing the issuance, sale, and delivery of City of Denton Utility System Revenue Refunding Bonds. Series 1998B, and approving and authorizing instruments and procedures relating thereto; and providing an effective date. ~I 22. Consider adoption of an ordinance of the City of Denton. Texas prohibiting U-turns on certain portions of Wood "treet on school days; prohibiting parking on certain portions of 0 Wood Street on school d.t.,s; providing a severability clause; providing for publication thereof; providing for a penalty not to exceed two hundred dollars; and declaring an effective date. (Trafic Safety Commission unanimously recommends approval.) 23. Consider adoption of an ordinance of the City of Denton, Texas allowing the closure of portions of Avcnuc C on Mondays through Fridays from 7:30 a.m. until 3:00 p.n.. when 0 pedestrian or vehicular safety require closure; prohibiting the operation of a non- 0 0 emergency vehicle on closed portions of Avenue C during the times the street is closed; providing a savings clause; providing a severability clause; providing a penalty not to exceed two hundred dollars; and declaring an effective date. ('ratio Safety Commission unanimously recommends approval.) i Mr! 16"A - 95 K a 32 X E~ p City of Denton City Council Agenda August 4, 1998 Page 5 24. Consider adoption of an ordinance partially vacating certain public utility and drainage easements recorded in the Real Property Records of Denton County, Texas, at Volume 1686, Pages 0852 and 0858; and providing for an effective date. (Southridge Estates, Phase 111) 25. Consider adoption of an ordinance of the City of Denton, Texas authorizing the Oty Manager to execute a second amendment to the professional services agreement for consulting services relating to Denton Municipal Electric with R. J. Covington Consulting for professional services pertaining to electric restructuring and assistance and support of city staff respecting Public Utility Commission of Texas Project No. 18703; authorizing the expenditure of funds therefor; and providing an effective date. (rhe Public Utilities Board recommends approval 3.0.) 26. Consider adoption of an ordinance authorizing the City Manager to execute an amendment to the professional services agreement with Reed Consulting Group for consulting services related to electric restructuring by adding a task order and authorizing payment of additional compensation; and providing for an effective date, (The Public Utilities Board recommends approval 3.0,) 27. Consider adoption of an ordinance authorizing the City Manager to execute a water main prorata reimbursement agreement between the City of Denton and Dieter Schwarz by NR & RJ Properties L.P., his attorney in fact, to reimburse owner for the costs of building water main through prorata charges paid to the city; and providing an effective date. (Lakeview Ranch) 28. Consider adoption of an ordinance authorizing the Mayor to execute a water main cost participation agreement between the City of Denton and Dieter Schwarz by NR & R1 Properties L.11., his attomcy in fact, for the City's participation in the oversizing of a water main and in accordance with tb2 terms and conditions of this ordinance; authorizing the expenditure of funds therefor; and providing an effective date. (Lakeview Ranch) 29. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute an agreement between the City of Denton and the Upper Trinity Regional Water District and the City of Lewisville concerning the pass-through of water from Cooper (Chapman) Lake in accordance with the terms and conditions of said agreement; providing consideration for the pass-through of said water and for the interim and long term sale of Denton's share of the Cooper Lake water under certain circumstances; and providing for the coordination of daily usage, water accounting and an operating protocol and other procedures set forth in the body of said agreement; and providing for an effective date. • 30. Receive a report, hold a discussion, and give staff direction regarding the Inii alive O • Petition "Standard [lours Area". 31. Consider adoption of an ordinance authorizing the City Manager to make an application 1 with and then to execute a public transportation agreement and subsequent amendments %shh the Texas Department of Transportation for funding public transportation; and providing an effective date. I i 32XIa 1 e 0 1 . 1 Wf1lA City of Denton City Council Agenda August 4, 1998 Page 6 32. Consider adoption of an ordinance authorizing the City Manager to file an application with and to execute a grant and subsequent amendments with the U.S. Department of Transportation Federal Transit Administration for Project No. TX-90-X446, a grant for funding public transportation as authorized by 49 U.S.C. ¢5307; and providing an effective date. 33. Consider approval of a resolution appointing Michael Jez as City Manager for the City of Denton; authorizing the Mayor to execute an agreement for his terms of employment; and declaring an effective date. 34. Consider nominations and appointments to the City's Boards and Commissions. 35. Miscellaneous matters from the City Manager. 36. New Business This item provides a section for Council Members to suggest items for future agendas. 37. Possible continuation of Closed Meeting under Sections 551-071-551,085 of the Texas Open Meetings Act. 38. Official Action on Closed Meeting items held under Section 551-071-551.085 of the Texas Open Meetings Act. CERTIFICATE 1 certify that the above notice of meeting was posted on the bulletin board at the City Ha11 of the City of Denton. Texas, on the `_day of , 1998 at o'clock (a.m.) f p,m.) CITY SECRETARY NOTE; THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE Will( T11E AMERICANS WITH DISABILITIES ACT. THE CITY WILL 11ROVIDF SIGN LANGUAGE IN'IERPREILRS FOR IHE HEARING IMPAIRED IF REQULSTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349.8309 OR USE 1ELLC'OMMUN[CAI IONS DEVICES FOR THE DEAF (TDD) BY CALLING 1.800- O RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED IIIRODUI I T11F, CITY SECRETARY'S OFFICE, ~..J f t x la 32XIa 0 K4IICF1.11 0 1 'tl1AMY) agenda No ,lpenda 11~~-- AGENDA INFORMATION SHEET Rate....- AGENDA DATE: August 4, 1998 DEPARTMENT: City Manager's Office CNN: Ted Benavides, City Manager SUBJECT Consider a request for an exception to the noise ordinance for the Adults for Youth in Denton for a pool party on August 7, 1998 from 8:30 p.m, to 12:00 midnight. BACKGROUND 1 he Parks and Recreation Department has respectfully requested that the City C'oucil grant an exception to the noise ordinance for the annual Back-to-School Pool Party (Attachment 1). This party is sponsored by the Adults for Youth in Denton (AFYID), t%hich is a volunteer organization that promotes programs for teens in Denton. The hours d of the annual event are 8:30 p.m. to 12:00 midnight Activities at this event include swimming. pool games, dancing, and a live DJ "ho will be using amplified sound inside the perimeter of the fence until midnight. The Back-to-School Pool Pony is a recreational event offered each summer in August. Last year approximately 160 teens +ll and 30 adult volunteers participated in this event. AFYID is sponsored by many different organisations, including the Denton Police Department. Because of this, there have been and will be u.iiformed police officers present during the party. There were no complaints received by the police department regarding the party last year. As you know, the noise ordinance declares loudspeakers, amplifiers, and musical instruments a noise nuisance, particularly after 10;00 p.m, Monday through Saturday and anytime on Sunday (Attachment 2). the ordinance does, however, provide that the City Council may make exceptions ssfien the public interest is served. The organizers have been informed that should Council approved 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 unlati rut for any person to make or cause any unreasonably, loud disturbing, unnecessary noise which may cause material distress, discomfort or injury to person of ordinary sensibilities in the immediate vicinity thereof. 0 I t 10 32XI~ r,u. l t~ 0 i AWOM t r PRIOR ACTIONAtEV1EW (Council. Hoards. Commissions) + There was a request for an exception to the noise ordinance for this same event last year and it was unanimously approved on August 5, 1997. FISCAL INFORMATION None, Respectfully suHmitted: i kty )aims Assistant to the City Manager Y Prepared by: 1e if~ma~ Management Assistant Attachments: 1. Request from Parks 2. Noise ordinance i, 1 1 1A n.'r4 i. A:l S r~ R. Yx` © f x, 71 G f t , I o Y.. X , e 0 ~a l5 WDCfTY OF DENTON TEXAS PARKS A RECREATION DEPARTMENT 32 r E. MCKINNEY • DENTON, TEXAS ?6201 (940) 349-PARK , FAX (940) 749.83" Memorandum To: Mayor and Members of the City Council From: Fd Hodney, Director Parks and Recreation ~P, ent Date. July 20, 1998 Subject: Request for Exception to Noise Ordinance On Friday, August 7, 1998, the AFYID (Adults For Youth In Denton) will be hosting the secov I annual Hack-to-School Pool Party at the Civic Center Pool. AFYID is a volunteer, community-based organisation that promotes programs for teens in Denton. AFYID was established to provide a forum for human service providers to develop and coordinate comprehensive community-wide policies, programs, and initiatives for teens, ages 14.17 that promotes youth development, Currently 14 agencies and organizations participate in AFYID, The Back-to-School Pool party is a recreational event offered each summer in August at the Civic Center Pool. Last year 160 teens and 30 adult volunteers participated in this event. • This year, the event will run from 8,30 p.m. - midnight. Activities include pool games, ' bungee run, jousting, and a live DJ and dancing. Because the live DJ will be providing music until midnight, AFYID is requesting an exception to the noise ordinance again this year. The DJ will be located inside the pool fence along with the majority of activities, however, businesses and residences along Bell Avenue, across from the pool may be able to hear the music. • O • The AFYID organisation appreciates the Council's consideration of this request. S funct'counCil'nnlu diK ~ 3 32x~~ 10 0 wweara 0 .~~syrr+e Chapter 20 NUISANCES' Art. 1. In General. 20.1-20.30 Art. It. Abandoned Property, It 20.31-20.10 , Div. 1, Generally, 11120-31-20-40 Div. 2. Motor Vehicles, 11 20.11-20.70 Art. Ill. Grua and Weeds, 11 2071-20.73 ARTICLE 1. IN GENERAL Sec. 20.1. ,Noise, is, It shall be unlawful I:- any person to make or cause any unreasonably loud, dis• turbing, unnecessary noise which causes or may cause material distress, discomfort or injury to persons of ordinary sensibilitles in the immediate vicinity thereof. lb1 It shall be unlawful for any person to make or cause any nolm of such character, intensity and continued duration as to substantially interfere with the comfortable enjoyment of private homes by persons of ordinary sensibilities. ici The following acts, among others, are declared to be noise nuisances in violation of this Code, but such enumeration shall not be deemed to be exclusive li The playing of any phonograph, television, radio or any musical Instrument in :uth manner or with such volume, y uticululy between the hours of 10.00 p in, and 7 00 a m., as to annoy or disturb the quiet, comfort or repose of persons of ordinary sen. sibiiities in any dwelling, hotel or other type or residence; 21 The use orany stationary loudspeaker, amplilier or musical instrument in such manner or with such volume as to annoy or disturb persons of ordinary sensibilities in the immediate vicinity thereof, particularly between the hours of 10:00 p m. and 7 00 a.m., or the operation of such loudspeaker, amplifier or musical instrument at any time on Sunday; provided, however, that the city council may make exceptions upon oppllation when the public Interest willrbe served thereby; 11 The blowing of any steam whistle attached to any stationary boiler or the blowing of any other loud or far-reaching steam whistle within the city limits, except to give notice of the time to begin or stop work or as a warning of danger, N The erection, excavation, demolition, alteration or repair work on any building at any time other than between the hours of 7.00 I.M. and 8:30 p.m., Monday through 'Cross references-Protected migratory bird roosts declared nuisance, 16.57; Inspection and abatement warrants, 1 19.66 at seq; ineect and rodent control in mobile home and rec• 1 reational vehicle parks, 132-91. Supp Nat 1389 4 rr x 10 32 x I Q 0 0 w,enda NO 1genda oem__ nafe_ J AGENDA INFORMATION SHEET AGENDA DATE: August 4, 1998 Questions concerning this acquisition may be directed DEPARTMENT: Finance - Purchasing to Howard Martin 349.7194 ACM: Kathy DuBose, 349.9228 I SUBJECT AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE SEMI-ANNUAL INVOICE FOR DENTON'S SHARE OF CURRENT DEBT SERVICE REIMBURSEMENT OF COST FOR DESIGN AND CONSTRUCTION OF JOINT TREATED WATER PIPELINE; AND PROVIDING AN EFFECTIVE DATE. (CHECK REQUISITION TO UPPER TRINITY REGIONAL WATER DISTRICT IN THE AMOUNT OF S21,994.43). BACKGROUND Based upon the Joint Transmission Line contract between the City of Denton and Upper Trinity Regional Water District dated May 6, 1993, Denton is to reimburse the District for its pro rata share of the capital component for m. pipeline. The joint transmission pipeline was funded from the Districts 1993 revenue bonds, Derton's pro rata share of the pipeline was calculated and agreed to be 14.780o. LUINIAT D SCHEDULE OF PROJECT The invoice has a requested due date of 7128/98 and covers a time period from 8.1.98 to 1.31.99. 1 FISCAL INFORMATION r ~ This invoice will be paid from account number 661.081•RB88-R609.9138. i CHECK REQUE T 11SFOR.IIATION We recommend approval of check Request dated 6.25-98 to Upper Trinity Region^1 0 0 Water District in the amount of 527,994,43. The attached invoice #1CBR119116 is fur the semi-annual reimbursement payment to Upper Trinity Water District. 11 is calculated at 14.78% of the debt sen ice associated with a joint transmission waterline. 1 r' t<<: x Ia 32XIa _1 i 1 1 f 1 I~ , 1 I ! i L i 1` it f' 1 1 1 IIII I Y4 4 I 1 , C19OIY~~ - 0 M1 I 1♦ 1 AGENDA INFORMATION SHEET AUGUST 4, 1998 PAGE 2 OF 2 a Respectfw'v submitted: , Name: Tom Shaw, C.P.M., 1149-7100 Title: Purchasing Agent • r; Attachment #I: Check Request dated 6-25.98 Attachment 02, Invoice # 2CBR119806 100 AGENDA 4 I. a 1 I' G % r " la r i', 1 Y Ir ~I. 1~ A 2 I ~lil 1.s t r i f;",• L sr >;':Y .1 y a,/ X I 1 r' (1 }..IY V2/1 ~:x ' , 1 r i' 0 0 f CHECK REQUISITION - VOUCHER PAY TO: Check Number Upper Trinity Reg;onal Water DIstrtct S 27,994.43 398 W. Mein, Suite 102 Amount P.O. Drawer 303 Utilities Administration Lewisville, Texas 7b087 Department 8125198 Date INVOICE DATE NUMBER ACCOUNT NET INV. AMT. AND/OR EXPLANATION NUMBER Reimbursement of Cost for Design and Construction of Joint Treated Water Pipeline eat-eel^Raee^RI10e-e13e $ 27,994.43 Invoice M 2CBR119806 Invoice Data 08.23.98 I o. t 'I TOTAL $ 27,994,43 THE ADOVE HAS BEEN REVIEWED AND RECOMMENDATION FOR BILLIN018 MADE BY THE UNDERSIGNED •4 f Accounting Approval Igna • Ity Manager Approval Director of Finance check req form.xts 7 t . . r s o , % District Copy III010NAL WATER DISTRICT City of Denton PLEASE RETURN THIS COPY WITH PAYMENT SemMnnull Biiln{ statsmaM for Reimbursement of Cosa For tbelpn and Construction of Joint Treated Water Poelins Statement Date: 0612198 Invoice No: !0011119606 Joint Treated Water Plpellne Data From Data To Amount Not Service For the Period 0"166 b 0141M {37,IN.N •s Total for Period 7711!,13 Amount poet due Total Amount Due 371{1.13 Total Amount Due Current Period {31,111.13 ~ I Total Amount Post Duo t 1, ' I Total Amount Due This Bill {37111.13 ; 1 Ploaea Ply my: 07131!11 I r y l - - J x 25 la 32X a "a Y O + , % ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE SEMI-ANNUAL INVOICE FOR DENTON'S SHARE OF CURRENT DEBT SERVICE REIMBURSEMENT OF COST FOR DESIGN AND CONSTRUCTION OF JOINT TREATED WATER PIPELINE; AND PROVIDING AN EFFECTIVE DATE. (CHECK REQUISITION TO UPPE), TRINITY REGIONAL WATER DISTRICT IN THE AMOUNT OF 527,994.43). WHEREAS, in order to comply with contract requirements for debt service payment for semi-annual invoice, the City of Denton is required to pay to Upper Trinity Regional Water District; and WHEREAS, the City Manager has reviewed and recommended that the Council approve the payment of such fees; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the expenditure of funds in the amount of S 27,994.43 to be paid to Upper Trinity Regional Water District, is hereby authorized. SECTION 11, That this ordinan:e shall become effective immediately upon its passage and approval, PASSED AND APPROVED this the day of _ , 1998. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: i APPROVED AS TO LEGAL FORhI: HERBERT L. PROUTY, CITY ATTORNEY k" i BY: ! ! CI(ECK UOUtSTION-OPWINANCE S y ,r x I o 32X - t~, I d ARA , . a 0 0 ~,r)da No A0:y a_ 6penda 11m AGENDA INFORMATION SHEET AGENDA DATE: August 4, 1998 Questions concerning this acquisition may be directed DEPARTMENT: Finance - Purchasing to Jill Jordan 349.7326 ACNI: Kathy DuBose, 349-8228 SUBJECT AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A PUBLIC WORKS CONTRACT FOR THE ECTOR STREET WATERLINE IN THE AMOUNT OF $297,230.50; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID N 2222 - ECTOR STREET WATERLINE AWARDED TO CIRCLE C CONSTRUCTION IN THE AMOUNT OF 5297,230.50). BACKGROUND Tabulation Sheet ESTIMATED SCHEDULE OF PROJECT The quoted cornyletion schedule is 50 work days after receipt of a purchase order or approximately October 25, 1998. PRIOR ACTION/REVIEW (Council. Boards. Commissions] , The Public Utility Board reviewed and approved this project for award at their July 6, r 1998 meeting. t , FISCAL INFORMATION The uaterkne improvement project will be funded from account number 662-081-RB89- R703.9138. `A i I Y a - wow 1 , C ' r f 4, 1 AGENDA INFORMATION SHEET k AUGUST 4, 1998 PAGE 2 OF 2 CONTRACT INFORMATION The project involves the installation of approximately 3,821' of a 16" waterline along Ector Street from University Drive south to Scripture. Also included are 53 new water services, associated valves, fire hydrants and excavation. We are recommending award to the lowest bidder, Circle C Construction, in the amount of $297,230.50. Respectfully s~ubmititted: Name, Tom Shaw, C.P.M„ 349.7100 Title: Purchasing Agent Attachment N1; Tabulation Sheet 1066AGEN1)AGC .e , 1 16 V I I ~ x j , i 2 rv 1' - z5 x IC] 1 x 32x10 • c n 0 =.7017597 1 TABULATION SHEET i -`t 010 0 2229 CIRCLE C PATCO MID-STATE DICKERSON E.L. BOWLES FOX BIO NAME ECTOR STREET WATERLINE CONST, UTILITIES UTILITES CONST, DALTON CONST, CONST, CO. DATE 25Jun•98 8 DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VIENDOP)t TOTAL SID AWARD 6297,230,50 6369,361.95 $316,386.55 1361,611.50 6106,126.00 $131,609.00 6158,293,09 BOND YES YES YES YES YES YES YES w I ~ i • r1 I 'J 7tirkbc ~a 25 x lo 32 x l❑ 1 0 V ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A PUBLIC WORKS CONTRACT FOR THE ECTOR STREET WATERLINE IN THE AMOUNT OF $297,230.50; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID A 2222 - ECTOR STREET WATERLINE AWARDED TO CIRCLE C CONSTRUCTION IN THE AMOUNT OF $297,230.50). 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 1. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on ` file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 2222 CIRCLE C CONSTRUCTION $297,230.50 SECTION II. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after • notification of the award of the bid, 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 Propesats, and documents relating thereto specifying the terms, 4 . conditions, plans and specifications, standards, quantities and specified sums contained therein. Q • J14- 4 s~ ti. 2~i 10 32x10 ' % 0 I i I i i SECIIQN IV. That upon acceptance and approval of the above competi}' to bids and the execution of contracts for the public works and improvements as authorized hers the City Council hereby authorizes the expenditure of funds in the manner and in the amount , specified in such approved bids and authorized contracts executed pursuant thereto. c SECTION V. That this ordinance shall become effective immediate upon its passage and approval. PASSED AND APPROVED this the day of_ ,1998 IACK MILLER, M +YOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: . 1212 ECTOR CONTRACT ORDINANCE ` * } I r, I ~ t ~ v Y.' Vill' r r'. 25 K q 32 x Id ♦ O ~~enda Ite r~ 0 ate AGENDA INFORMATION SHEET AGENDA DATE: August 4, 1998 Questions concerning this acquisition may be directed DEPARTMENT: Finance - Purchasing to Jerry Clark 349.8358 ACNI: Kathy DuBose, 349-8228 SUBJECT AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A CONTRACT FOR PUBLIC WORKS ON DRAINAGE IMPROVEMENTS FOR MOCKINGBIRD CULVERTS IN THE AMOUNT OF $164,437.90; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID q 2213 - MOCKINGBIRD DRAINAGE IMPROVEMENTS AWARDED TO EARTH BUILDERS, INC. IN THE AMOUNT OF $164,437.90). i - BACKGROUND Tabulation Sheet ESTIMATED SCHEDULE OF PROJECT + { The quoted completion schedule is 60 days after receipt of an order or approximately November 15, 1998. t FISCAL INFORMATION ri This drainage improvement project will be funded from street bonds account number 4 453-020-STRT-9633.9105. CONTRACT INFORMATION The basic bid includes approximately 228 feet of S' x 5' concrete box culvert and i associated excavation,right of way preparation and utility line lowering. + The project location is south of Mingo Road across Old North Road. . We recommend award to the lowest bidder, Earth Builders, Inc., in the amount of S 164,43 7,90. 1 25K10 32XIO l ` r y' a AGENDA IINTORMATION SHEET AUGUST 4, 1998 PAGE 2 OF 2 Respectfully submitted: Name: Tom Shaw, C.P.M., 349.7100 y Title Purchasing Agent Attachment #1: Tabulation Sheet 10M AGENDA ` 1 I i ~ , ' f r, x tt JM i r r t , f ~;si ' ~ Q I • 2 1S j 1 r C 4 I . Ana _TABULATION SHEET I + j' - BiD 0 3223 LENDER- DBR COPPELL JESKE BID NAME MOCKINGBIRD DRAINAGE [VEND: IMPROVEMENTS BTAHL CONST CONST. CONST CO CONST DATE 25Jun•11 ENDOR VENDOR 6 DESCRIPTION VENDOR VENDOR V TOTAL BID AWARD 1164,431.60 $164,131.43 $111,446.60 1480,606.20 1206,136.45 f f i , I A , '32 x , O 1 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A CONTRACT FOR PUBLIC WORKS ON DRAINAGE IMPROVEMENTS FOR MOCKINGBIRD CULVERTS IN THE AMOUNT OF 5164,437.90; PROVIDING FOR THE EXPENDITURE OF FUNDS TI t,'.REFOR; AND PROVIDING AN EFFECTIVE DATE. (BID # 2223 - MOCKINGBIRD DRAINAC rr IMPROVEMENTS AWARDED TO EARTH BUILDERS, INC. IN THE AMOUNT OF S 164,437,90), WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of I .olic 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; NON', THEREFORE, TIIE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file i_i the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, arc hereby accepted and approved as being the lowestresn.,nsible bids: BID NUMBER CONTRACTOR AMOUN'C . 2223 E.{RTII BUILDFRS, INC, 5164,437.90 SECTION H. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City rnd the person submitting the bid for construction of such public works ur improvements herein acccpted 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 alter notification of the award of the bid. SECTION. That the City Manager is hereby authorised to execute all necessary written contracts for the performance of the construction ofthe 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, O conditions, plans and specifications, standards, quantities and specified sums contained therein. t 4 i 1 1 f. 15 is 32X10 . d 1 ti .I K i t • t 0 1 Y F SECTION 1V: That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized hercin, 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. i SECTION V: That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,1998 JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY i BY:_ APPROVED AS TO LEGAL FORM: HERBERT L• PROUTY, CITY ATTORNEY ; BY: • 2223MOCKINOBIRD,COWFLACTMINANCE J .k 1 I I mom" ANAWN" agcida No agenda Item - Date AGENDA INFORMATION SHEET AGENDA DATE: August 4, 1998 Questions concerning this acquisition may be directed DEPARTMENT: Finance - Purchasing to Jill Jordan 349.7326 ACM: Kathy DuBose, 349.8228 SUBJECT AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A PUBLIC WORKS CONTRACT FOR THE KERLEY STREET WATERLINE IN THE AMOUNT OF S826,041.00; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID 0 2233 - KERLEY STREET WATERLINE AWARDED TO BOWLES CONSTRUCTION IN THE AMOUNT Or S826,041,00, BACKGROUND Tabulation Sheet ES'LIDIATED SCHEDULE OE PROJECT The quoted completion schedule is 70 work days alter receipt or a purchase order or approximately November 2S, 1998. PRIOR ACTION/REVIEW tCounell. Boards, Commissions The Public Utility Board reviewed and approved for award this project at their July 6, 1998 meeting. 1 FISCAL INFORMATION This waterline improvement project will be funded from account number 662.081•RB89- R502.9130. i • I , J 1 I, l 1". t~ u~' 2h K 10 32X 10 r . ry 1 i. O AGENDA INFORMATION SHEET AUGUST 4, 1998 PAGE 2 OF 2 CONTRACT INFORAIATrION This project is for the installation of approximately 8,230 feet of 20" waterline, 467 feel of 28" road boring, 507 fect of curb and guttering along with all associated excavation and support activities. The project location is along Kerley, Duncan, Robertson and Wainwright Streets from, Woodrow Lane West and North to East Sycamore, We are recommending award to the lowest bidder, Bowles Construction, in the amount of 5826,041.00. Respectfully submitted: Name: Tom Shaw, C.P.M., 349.7100 Title: Purchasing Agent Attachment HI: Tabulation Sheet 106! AOLNUA 1 i eu ,A 2 , LILMRA r . 11 , s Y • ~ fir. ` I TABULATION SHEET i { BID $ ~2ss BOWLES PATCO DICKERSON E L PATE 8 J LEWIS CIRCLE C KERLEY STREET 20" WATERLINE CONST UTILITIES CONST DALTON BROTHERS CONST CONST CONST 2JU1A6 CITY DESCRIPTION r12E DORNDOR VENDOR VENDOR N VEN R EN R TOTAL BID AWARD AILOO 8629,120,35 6N.M.95 5660,626.00 S669,?M.ll $995,202,00 1;,046,661.00 BID BONDS YES YES YES YES YES YES YES w f r 11 , a tra~,,li 2 x lo 32X 1 Mme' q 0 f r ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A PUBLIC WORKS CONTRACT FOR THE KERLEY STREET WATERLINE IN THE AMOUNT $826,041.00; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID # 2233 - KERLEY STREET WATERLINE AWARDED TO BOWLES CONSTRUCTION IN THE AMOUNT OF $816,041.000). 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 orthe public works or improvements described in the bid imitation, 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 NUMBER CONTRACTOR AMOUN, 2233 BOWLES CONSTRUCTION $826,041.00 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 furnishing of performance and payment bonds, and insurance certificate after notification orthe award of the bid. SECTION 111, That the City Manager is hereby authorized to execute all necessary written contracts for the performance orthe construction orlhe public works or Improvements in accordance with the bids accepted and approved herein, provided that such contracts are mado in accordance with the Notice to Biddcrs and Bid Proposals, and documents relating thereto specifying the terms, . conditions, plans and specifications, standards, quantities and specified sums contained therein. 0 ' 4 fly' .x 32XI❑ "4Y • ~ ' (.alt P L .I 1 . ~ ' A r r 0 x i .i'.n'i...rfi M13fJEYJMM'.)FLM1 Ln. ♦ .a'... .J. .tiY...~. ...i T• 1 1111 SF. CT10N 1V. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authofized 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. .J SECTION V. That this ordinance shall become effective immediately upon its passage and ; approval. PASSED AND APPROVED this the day of ,1998 r, r` JACK MILLER, MAYOR iATTEST-. JENNIFER WALTERS, CITY SECRETARY i , BY: 1 APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY i BY: i• r 2M KERLEY CONTRACT ORDINANCE ✓ # j1 r , 1• AJ J AR 1~(,YJA Jr r a ~`s L 'K J J x { n V4 ~1' ~MUVALAL J. I i UWAMM O Agenda No J10 -OR~6 Agenda Ite` _ -7 _ Date AGENDA INFORMATION SHEET AGENDA DATE: August 4, 1998 Questions concerning this acquisition may be directed DEPARTMENT: Finance - Purchasing to Jill Jordan 349-7326 ACM: Kathy DuBose, 349.8228 SUBJECT AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A CONTRACT PROVIDING FOR THE SALE OF CERTAIN REAL ESTATE OWNED BY THE CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE. (BID 4 2218 - SALE OF LAND 0.466 ACRES WELL SITE NO. 10 AWARDED TO FAITH TABERNACLE ASSEMBLY OF GOD CHURCH IN THE AMOUNT OF S1,001A0). BACKGROUND The Water Department has been plugging old wells and selling the 'A 11 sites if they are no longer useful to the Utility or to the City of Derton. The well on this site was plugged in 1996. The site is no longer needed by the Water Department or the City. This site is located on Lattimore Street, East of Mulkey and West of Audra It is served by an $-inch waterline but there is no sewer line. The 0.466-acre site is too small for on- site sewage disposal and sewer main extension is estimated at over Si 5,000.00. For this reason we are recommending acceptance of the S1,W1,00 bid by the adjoining landowner. I ESTIMATED SCHEDULE OF PROJECT The City will convey ownership by quitclaim deed within 14 days of Council Approval. r. PRIOR ACTIONMVIEW (Council. Boards. Commissions! The Public Utility Board authorized the sale of this well site in October of 1997. They 1 recommended acceptance of the $1,001.00 bid at their meeting of July 6, 1998. . FISCAL INFORMATION { 1 he S1.001.00 bid amount will be deposited to a Water Department Revenue Account, I y1~r dXv' r 7 x 1 32X a ; art*" M O ARNO. AGENDA INFORMATION SHEET AUGUST 4, 1998 PAGE 2 OF 2 BID INFORMATION This bid is for the sale of real estate described as Wellsite No, 10, It is located on Lattimore Street and consists of 0.4666 acres, We are recommending acceptance of the bid of S1,001.00 from the adjoining landowner, Faith Tabernacle Assembly of God Church. Respectfully submitted, i Name: Tom Shaw, C.P,M,, 349.7100 Title: Purchasing Agent 1067 AGMM i I V , i k 1 f , 1 iY . 1 1 I f 2 t rn, y~'~i~Y.°, , 2.) 0 32x r (l! ' 1 i MOWN" 1 OY..^r.. 1.•.. •n.. . ...V.. u. r. rv.rr.A✓ IYa•i. ~V ♦i.r. V.. t•d......n •.r. • Y • ~ • ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A CONTRACT PROVIDING FOR THE SALE OF CERTAIN REAL ESTATE OWNED BY THE CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE. (BID M 2218 SALE OF LAND 0.466 ACRES WELL SITE NO. 10 AWARDED TO FAITH TABERNACLE ASSEMBLY OF GOD CHURCH IN THE AMOUNT OF $1,001.00). WHEREAS, the City of Denton, in accordance with the requirements of TEX. LOC. GOV'T CODE ANN. CHAPTER 272.001 (VERNON 1988), has advertised for the sale of a certain tract of real property located on Lattimore Street and described as Well Site 4 10. WHEREAS, THE City Manager having recommended to the City Council that the said exchange of land be approved; and WHEREAS, in accordance with Sec. 12,04 of the City Chapter, the Council , hereby finds that the property described above is not essential to continued effective utility service; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: ,UCTION I. That the City Council of the City of Denton, Texas approves the contract between the City of Denton and Faith Tabernacle Assembly of God Church, providing for the sale of real property described in the contract, a copy of which is attached hereto as Exhibit "A" and incorporated by reference herein. ; SECTION It. The City Council hereby authorized the City Manager to execute any and all comments necessary to consummate the sale of real property in accordance with the contract, and the expenditure of funds incidental to said exchange. af,CHOIN 111, That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1998. JACK MILLri<, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY y , BY: APPROVED AS TO LEGAL FORb1; HERBERT PROIJDY, CITY ATTORNEY B5': WD M 2? &-LAND ORDtNANLE - 75 32 ~d. 0 1 i i ...gin,. .i n ..m.. .a. YI• I I EXHIBIT "A" QUITCLAIM DEED I Date: August 4, 1998 1 Grantor: City of Denton Grantor's Mailing Address, 215 E. McKinney Street Denton, Denton County, Texas 76201 Grantee; Faith Tabernacle Assembly of God Church , Grantee's Mailing Address: 1101 Audra Lane / P 0 Box 1521 Denton, Denton County, Texas 76202 Consideration, Cash and other valuable consideration. a Propcrty: See Exhibit "A" i Reservations from and Exceptions to Quitclaims; (1) The propert) shall not be utilized for the underground storage of chemicals or hazardous waste. For the consideration Grantor quitclaims to Grantee all of Grantor's right, title, and interest in and to the Propcny, to have and to hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever, Neither Grantor nor Grantor's heirs, executors, administrators, successors, or assigns shall have, claim, or demand any right or title to the property or any part of it. • CITY OF DENTON f By. Ted BenmIdes City Manager 4 r 0 1 1 "Now" ` A ..u. .,.r ..•Y iu.vn... r. ei n.a .v n.♦..w..s... .v u.n-........A u•«.. r ♦ . ...r . • ~ , I STATE OF TEXAS J COUNTY OF DENTON M r This instrument was acknowledged before me on the day of 19____, by Ted Benavides as City Manager for the City of Denton. Notary Public, State of Texas ~ I GRANTEE: Faith Tabernacle Assembly of" Church By: Randy D. Snow, Pastor STATE OF TEXAS , COUNTY OF DENTON This instrument was acknowledged before me on the day of 19,, by , u Notary Public, State of Texas i. r • • IN I QUIrcLAIM DI. EDVD02711 1 a r sY ' _ Cl . 2X f. • iJ ,t WELL NO. 10 LOCATION MAP W { ?Lr MIT JIMIL11111M _ f t~~j~~fllJ,. ILI JLLI 41L n F _ rt f Flo ,r C _ r WELL NO. 10 LOCATION 7 T[ ; 01 3le! In r e f r Ill ' v + r t i t v; , . , •E =B1T A" ALL thU certain lot, tract or parcel ofland bins and being situated In the City and County of Denton, State Teas, In the Jong tbon Brock Surfer, Abstmet Number $59 and being part of a tract conveyed to City of Denton by deed r corded in Val=e 346, Page 30 of the Dad Records etDenton County, Teens and'bebeg more particularly described as follows: COMMENCING at an iron pia at them tbwut corner *told Qty of Denton tract, same being a point on the south right-oArmy fine of Iattlnwre Strap THENCE South along the west boundary of add City otDwen tract and along sz esisdag fence a distance of 10 het to the POINT OF BEGUMING; THENCE South coadaWag along the mat boundary of maid Clq of Denton tract and along an adding Abase a distance of 140 fat to a point for corner? THENCE East along the south boundary of add City of Denton tract and along an asisdng fence a distance of 145.2 feet to a point for em aeri THENCE North along the an boundary ofsaid City ofDenton tract and along an ardsting trace a distance of 140 fat to a paint for corner, aid point lying 10 fat south of the south right-of-way One of Dore Stneeq ' THENCE West 10 feet south of and parallel to the north boundary line of add City of Denton tract and the south right-cf-may Rw of Laulmore Sheet a distance of 145.2 fat to the 20INT OF BEGINNING eoatalafog.4666 acre of iaod. . i 'i. t y'~b~rez~ta,~ 2 X LJ 1 1% I. y rx1 ~ 17~ i I e l v Y ~ i i 7R1~ ~ 4 ~ S y NORM" I. . l::i-.d 1. .....y-L✓defxM+a4w.fMhn..v ...w.rW.w lrvfxwt-www xw._.:eaw...wvn.rvw.l.i....r_.Fv..+. nom... .in. . EXHIBIT "A' I t NI WELL SITE NOO l'O L Y V UNE + 4 1 y 4 APMOMWTaY g U8 FT TO MUU(V 146 2 FEET 4 yypp ,iF M g ' I i I i Ali I. 146.2 FEET j !II , c * T .v , I a 'f r W E S s r . v1S4R,' 5 3 2 I n . 3Sr.wg~ r Y a . X , ` X 1r. 0 I EXHIBIT "A" - `faith `Ca.bernacle v., ssembly of god 90. Tox 7S2i dandy sau, J gAff 1L w Win, Tsxm 76202 f6~9) S6S 1055 City of Denton i Tune 1, 1998 j . HID # 2218 TITLE i SALE OF LAND 0.466 ACRES ON LATTIMORE STREET, WELL SITE NO. 10 HID AMOUNT t $ 1,001.00 ( ONE THOUSAND AND ONE DOLLARS AND NO CENTS) y e Faith Tabernacle Assembly of God 1101 Audra Lane/P.O. Box 1521 Denton, Texas 76202 r Phone 940/ 565-1055 Pastor Randy D. Snov f• a k. NU 9 'A 10 2 X 10 0 r Agi nea No.__ ~L_' 49enda Iteqrrf., _ AGENDA INFORMATION SHEET AGENDA DATE: August 4, 1998 Questions concerning this acquisition may be directed DEPAR'fRIENT: Finance - Purchasing to Sharon Mays 349-8487 ACNI: Kathy DuBosc, 349-8228 SUBJECT AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR VEHICLE LIABILITY INSURANCE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID # 2232 - VEHICLE LIABILITY INSURANCE AWARDED TO HIGGfiBOTHAM ANT ASSOCIATES IN THE AMOUNT OF S35,143.00). BACKGROUND The City of Denton currently settles claims involving City vehicles from m^ .,en ed in the Risk Retention Fund. Like other insurance policies, there are lim'ts to the coverage. The Risk Retention Fund only covers the use of motor vehicles on City D business in course and scope. State law precludes the City from providing liability coverage for employees involved in vehicle accidents during activities not related to City business (not in course and scope). The law applies to all vehicles taken home by employees in order to respond to after hours emergencies within the time perimeters established by the City. Our legal staff has determined the City can purchase an insurance policy that will cover specified vehicles for after hours activities both in and out of course and scope of employees. This will allow for prompt response to after hours request for service without imposing severe restrictions on our "on-call" employees. ESTIMATED SCHEDULE OF PROJECT ^a , The 44 utility vehicles that make up Section I (S24,747.00) will be covered from August 5, 1998 until August 4, 1999. The 19 utility vehicles and two general government ' vehicles that make up Section II (SI0,396.00) will be covered from September 28, 1998 until August 4, 1999. The Section 11 vehicles are currently covered by an interim 120 day policy that expires September 27, 1998, . I Politics and coverages will be extended for two additional one-year periods with prorated total premiums not to exceed 101,16 escalation per year. v " ~7 32XI❑ 0 AGENDA INFORMATION SHEET AUGUST 4, 1998 PAGE 2 OF 2 FISCAL INFORMATION Funds for the acquisition of this insurance policy will come from 1997/98 budget funds for the appropriate department. BID INFORMATION This bid is for Automobile Liability Insurance to cover after hours and out of course and scope of services activities for 65 motor vehicles. These vehicles are primarily utilized to respond to after hours emergencies or request for services. We recommend award to the single respondent, Higgenbothun and Associates Inc., in the amount of S35,143,00. i Respectfully submitted: t Name: Tom Shaw, C.P.M., 349.7100 Title: Purchasing Agent 1 Attachment #1: Tabulation Sheet r 106`0 AOYNDA J F 2 Y Nr ! : 1 25 x 10 32x10 ,a 8) miaayrr ' 1 ..aarss ' ' f t TABULATION SHEET BID 0 2237 610 NAME VEHICLE LIABILITY INSURANCE HigganboNam Ramey Damw 8 Atao. Ring Insurance Inc. Canter DATE 7Jul•98 CITY VENDOR VENDOR VENDOR SECTION 10A APPENDIX 1 8 $24,747.00 No Bid No Bid ~r SECTION 10 B APPENDIX 113 810,391.00 No Bid No Bfd TOTAL $39,143.00 4 II 1 ~ ~ I i i r' 3 2'~ K 32 X I O tiM 1 O I1 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR VEHICLE LIABILITY INSURANCE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BB) 4 2232 - VEHICLE LIABILITY INSURANCE AWARDED TO HIGGINBOTHAM AND ASSOCIATES IN THE AMOUNT OF $35,143.00). 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 a,.d recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION L That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VLNDO AMOUNT 2232 ALL HIGGENBOTHAM AND ASSOCIATES S35,143.00 SECTION IL That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and • agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. ACTION III. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a fonral written agreement as a result of the acceptance, • approval, and awarding of the bids, the City Manager or his designated representative is hereby O • 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. 4 r~ „ ~ , 1 F .1 { 1 1'. ~ J 1 . ! 1 Y 9 % ! t ~J211MA r SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount { and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as I ~ e:ehorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of .1998. JACK MILLER, MAYOR 1 `i ATTEST: JENNIFER WALTERS, CI7•Y SECRETARY BY: .I i. • APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY i BY: 2212 VEHICLE LIABILITY INSURANCE- SUPPLY, ORDINANCE. ` t p _ v 1 I , 5 r C) 10 32x10 LIL o 0 S ; ggcnda Nu 4penda Ile AGENDA INFORMATION SHEET AGENDA DATE: August 4, 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 A FIVE YEAR LEASE PURCHASE OF A COLOR COPIER AND ACCESSORIES AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (PURCHASE ORDER 9 86143 TO DANKA IN THE ANNUAL AMOUNT OF $19,884.00). BACKGROUND Currently the City of Denton has very limited full color reproduction capabilities. We are unable to keep up with increased demand and are being forced to outsource a large number of color reproductions. This proposed color copier, a Minolta CF900, would basically triple our ability to fulfill the needs of staff and eliminate almost all outsourcing of full color copies. This copier would be operated by Administrative Services Staff, and lend itself to their proposed print shop concept. I I i ESTIMATED SCHEDULE OF PROJECT The supplier has indicated that delivery and set up could be accomplished by September I, 1998. FISCAL INFORMATION The lease payments, maintenance charges and copy charge would be funded from Warehouse Working Capital dollars and reimbursed through a per copy charge paid by the user, The elimination of outsourcing color copies is estimated to save money equal to 0 or exceeding the cost of the proposed copier. ICI E 1 i 25 K0 32x10 'ANON= 0 1 - ' g9 L. faeL~a . , ' I AGENDA INFORMATION SHEET ` - AUGUST 4, 1998 PAGE 2 OF 2 PURCHASE ORDER INFORMATION This purchase order is for the first of five annual lease purchase payments for a Minolta CF900 full color copier/printer/scanner. The contract is taken from the State of Texas General Services Commission catalogue pricing and meets all competitive bids requirements. } F •I 1 Respectfully submitted: I Name: Tom Shaw, C.P.M., 349.1100 y Title: Purchasing Agent 's I Attachment #1: Purchase Order # 86143 - DANKA Attachment #2: Quote from DANKE Attachment #3: Memorandum from Alex Pettit tOb:.A ANnA , I t' I I, j I' xb ' P a ' I Ir 2 R . I ' r} I iL 1t ! 1T r, n X1 2 x10 32 LOY O 'J9W'JIM I PURCHASE ORDER NO: B6143 THIS IS A F-] luus vtwbul must appaar on au CONFIRMING ORDER u,omces, delivery ,dips. cases. 11F MARKEDI ctns, boxes, pacrinp aM1ps and mua DO NOT DUPLICATE n IfaR No. Bid Na n Date: 07 06 98 P" Na 01 9 I, R PURCHASING Drvls4ON 19001 OF DEN SON{ I DENIM 1EXAS 76201-4354 9401349-7100 OIFW METRO 6171267-0042 FAX 940!749-7302 VENDOR OANKA r NAME/ 2707 AIRPORT FREEWAY DELIVERY CENTRAL RECEIVING S29 A00RESS ADDRESS ADMINISTRATIVE SERVICES FORT WORTH TX 76111 901 S TEXAS ST DENTON, TX 76201 TAMARA KEILBERO VE14DORn~NO. DAN49205 DELIVERY OIIDTEO 08 15 98 FOB DESTINATION BUYER TS TERMS (E CLIAN rSuTSo°oa 1. y nsd., yKalp kt" 4 Kp f 001 12.00 EA VENDOR CAT. 1 N / A MFG NAME 782.000 9,384.00 CITY 1 8700 LEASE PURCHASE 15 YEARS) FOR MINOLTA CF900 COLOR COPIER/ PRINTER WITH FIERY XJ325 INTERFACE WITH 3.2 OB HARD DRIVE AND 256 KB MEMORY. (INCLUDES SORTER, DOCUMENT FEEDER AND AUTO DUPLEX) (1ST PYMT OF 5 VR LEASE) ' 002 12.00 EA VEKDOR CAT. 1 N / A MFG NAME 875.000 100500.00 1 • CITY 1 8700 MAINTENANCE ON KINOLTA CF900 AND FIERY INTERFACE 5,000 COPIES PER MONTH a $875 PER MONTH PLUS .14 FOR OVERAGE CHARGE ON EACH OVER 5,000 I P OE TOTAL r 19,884.00Jr 0111,1113 TOTAL r 19,884.00 710 043 0582 8701 19,884.00 I VINUpN w51KIKItfMS. 1 talon Mal 1A rw.,. .M1.,..,. n.,I I Si uJ unpnl,l ervan, wilts IgbuU fully 1 shrypnil eclruttim I nil lWslewl.ell Nfcpmd rla....A.•.,, / Adl is - AuHmN rarll, S Na 11.1, 100 N Skin 119.1 b, AA1 4r .u lud,d . llh l MorexnLS,~~ u' n.. ti 1,111 to I.. ,xr H!.~ NI (Rrl' 2C 10 32X 1 + ,SAM" ATTACHMENT M 2 Color CopierlPriater/Scanner Minolta CF900 16.995.00 Flay X13254. 16,453.00 Sorter 1483.33 Document Feeder 1488.33 Auto Duplex Unit 1488.33 Tot AContiguation $37,915.00 Lease Rate .02C64 60 month term payment amount $782.00 Service and Maintenance Includes copier, service, parts, perveatative maintaaence and Fiery Coverage witb Digital Dank: Support. 5000 full color copies per month $875.00 overages .14e r1oes not inclode consumable:. E d \ t, '~S Ill Il r r ~4 10' 32X - - ws~ma , .F F 1 O f 1 4 CITY OF DENrON TEXAS MEMORANDUM DATE: July 6, 1998 r TO: Tom Shaw, Purchasing Agent FROM: Alex Pettit, Director of Information Services i SUBJECT: MINOLTA CF900 COLOR COPIER/PRINTER The Minolta CF900 is a six-page per minute full-color network printer/copier with automatic duplexing of copies an] an auto document feeder. Currently, the City does not have the ability to make two-sided color copies, The Minolta color printerlcopier is a highly functional, low-end machine that will meet the demand for two-sided copying at a reasonable cost, This machine will accommodate a wide range of paper sizes and weights, and will be used to produce items such as report covers, reports. newsletters, charts and graphs. postcards. labels, brochures. filers, and transparencies. The many features of this printer will allow the existing staff to complete projects in-house at a reduced cost for all City Departments. ^ Alex Pettit O wp 1 Attachment l ~y' I \ LML 1• 1 1 ~32 X I❑ MCA" o , s ORDINANCE NO. AN ORDINANCE AWARDING A CONTRACT FOR A FIVE YEAR LEASE PURCHASE OF A COLOR COPIER AND ACCESSORIES AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE AND PROVIDING FOR AN EFFECTIVE DATE. (PURCHASE ORDER q 86143 TO DANKA IN THE ANNUAL AMOUNT OF $19,884.00). WHEREAS, pursuant to Resolution 92-019, the State 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 i ` 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 thro, gh the General Services Commission programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Courcil has provided in the City Budget for the appropriation of funds l to be used for the purchase of the materials, equipment, supplies or services approved and ac, mcd herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. 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 ORDER VENDOR ALFOLM 86143 DANKA S19,984.00 SFCT19N IL 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 persona submitting the bids to the General Services Commission for such items and agrees to purchase the materials, equipment, supplies or services 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 y General Services Commission, and the purchase orders issued by the City. 6 10 32 X I O r • y , a 0 SECTION III. 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 teals, conditions, specifications and standards contained in the Proposal submitted to the General Services Commission, quantities and specified sums contained in the Citys 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 in the amount and in accordance with the approved purchase orders or pursuant to a written ctherefor ontract made pursuant thereto as authorized herein. SECjLQ!•i,y. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of 1998. I JACK MILLER, MAYOR , ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM; ! HERBERT L. PROUTY, CITY ATTORNEY 1 14 BY: c~- k fit, 86141ATATIR .O RDINANCE ! t 7 • ti 25 10 32x0 ,averaar ' ' r -r w.rcua ..i..rr ilalyWAI:Y'M9^~b•°.RM:'41.Vdp^\'aWM.KWR' uwir...., n n./n,~..- ...n/_, w... daNO._r~l'LIL~SL _ 4 Agenda ne Date 7 AGENDA INFORMATION SHEET AGENDA DATE: August 4, 1999 Questions concerning this contract may be directed y DEPARTMENT: Engineering & Transportation to ()erry Clark, 3390) DCMt Rick Svehls ~(7 S D - AN ORDINANCE AUTIIORItINO THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH CARTER & BURGESS, INC. FOR DESIGN OF EAGLE DRIVE AND COLLINS STREET DRAINAGE IMPROVEMENTS; AU I I IORILING 111E EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN l°' + I EFFECTIVE DATE LIACKCROUN D This drainage basin was evaluated by the consultant in a preliminary drainage concept study authorized by Ordinance 097.362. The project will involve designing the s downstream end of the drainage system belween Locust Street and the detention pond on Collins at the Arbors and up Eagle pest Cleveland. The second phase of Eagle Drainage v: +U have to be funded in a future bond Issue. FSTIALA1En cClta nULE OF PROTECT We would expect the project would be designed by early December. We would place it out for bids in January of 1999 and then be under E ; construction in March or April of i999. pRlnu ACI7UN' VIEW (Council Boards Commissloas) City Council approved the preliminary concept study with Ordinance 97-362. The study resulted in defining specific improvements that will address the worst flooding areas. FISCAL INFOMIATION The cost of the project is $89,742 lump sum. The funding for this ptojeci is from the 1995 Bond Issue from the Eagle Drainage Project and the Collins Street , Paving mad Drainage Respectlblly submitted 1 ry ~le~k 9M b: or of E gineering and TranspoHetion E jj w ~w• r1 i , r 11111111R MR IRA 111M s Nam 0 Memo Io. Rick Svehla, Deputy City Manager tmn. Jerry Clark, Director of Engineering & Transportation t)* 07/20/98 Re Professional Services Agreement for Design of Eagle Drive and Collins Street Dhainage Improvements Carter and Burgess have completed the concept design for the Eagle Collins Drainage System. It has been reviewed by the Engineering Staff and presented to the neighborhood. That neighborhood meeting was held at the Arbors Apartments in the last week of May 1998 The residents were generally pleased with the drainage design `.:ost of their comments were about the design of the street and trees in the area. We will be holding another neighborhood meeting in late July or early August to address those issues Ti. contract is a lump sum contract with a cost of 589,742 The scope is clearly def. d and is based on the concept drawings approved in the earlier drainage concept study that was funded by Ordinance 097.362 We would recommend dc~.i,t and construction of this project separately, AP.; staff approves the plans, the project will be bid and then constructed by a contrav%oc We would reserve enough dollars to build the Collins Sire, t Project with our Street Crews after the Drainage Project in conjunction with the repaving of Eagle, We would appreciate your consideration of approval of this contract. The Eagle/Collins Drainage improvements will result in eliminating several significant flooding areas that require closure each time it rains 32 x I ❑ 0 1 ORDINANCE NO, AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFES-% SIONAL SERVICES AGREEMENT WITH CARTER & BURGESS, INC. FOR DESIGN OF EAGLE DRIVE AND COLLINS SIREET DRAINAGE INIPROVEMENIS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREEIY ORDAINS: ' r SECTION L That the City Manager is hereby authorized to execute a Professional Services Agreement with Carter & Burgess, Inc. for professional engineering services for design f' of Eagle Drive and Collins Street drainage improvements, in substantially the form of the Agreement attached hereto and incorporated herein by reference. SECTION 11; That the expenditure of funds as provided in the attached Agreement is hereby authorized. r` SECTION F That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of___ 11998. JACK MILLER, MAYOR A1-1 EST: i JENNIFER WALTERS, CI IY SE.CREiTARN' e; APPROVED AS TO LEGAL FORM: II'.RBFR'T L. PkOUTN', CITY ATTORNEY i 1 a_i ul klall.l fi. b.. 1b1 m.rf.,r. 1 .p-a a fe.p .r Ja '.:P RR 15°d 1 f l 5~.lll l 1 f r i E"fi, ,~,~ffr 2 5 x 0 32 x 10, 0 O I i PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF EAGLE DRIVE AND COLLINS STREET DRAINAGE IMPROVEMENTS STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT is made and entered into as of the _ day of 19 " 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 Carter and Burgess, Inc., with its corporate office at 7950 Elmbrook, Dallas, Texas, hereinafter called 'CONSULTANT,' acting herein, by and through their duly authorized repteseniatives. WITNESSETH, that in consideration of the covenants and agreements herein contained, the B parties hereto do mutually agree as follows: ARTICLE 1 EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with the CONSULTANT, as en independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as Mated in the sections to follow, with diligence and in accordance with the highest professional standards customarily obtained for such services in the State of Texas. The professional services set out herein are in connection with the following described project: The Project shall include. without limitation, construction documents for drainage system i Plong Maple between Locust and Myrtle, along Myrtle between Eagle Drive and Maple, along Eagle Drive between Myrtle and just west of Cleveland. Along Cleveland between We Drive and Collins Street, along Collins Street between Cleveland and Bernard to outfall of the detention Pond on the east side of the Arbors Apartments. ARIICLEif y , SCOPE OF SERVICES .17 The CONSULTANT sha11 perform the following services in a professional manner: u To perform all those services set forth in CONSULTANT s exhibits which is attached r' hereto anti made a part hereof as Exhibit "A" as if written woad for word herein. 97233JOr • DCNTON] 1XX 4 t. ire xQ 32x s 0 WaWN ARTICLE III , ADDITIONAL SERVICES Additional services to be perfonned by the CONSULTANT, if authorized by the OWNER, which are not included in the above-described Basic Services, are described as follows. A. During the course of the Project, as requested by OWNER, the CONSULTANT will be available to accompany OWNER's personnel when meeting with the Texas Natural Resource Conservation Commission, U.S. Environmental Protection Agency, or other regulatory agencies. The CONSULTANT will assist OWNER's personnel on an as-needed basis in preparing compliance schedules, progress reports, and providing general technical j support for the OWNER's compliance efforts. ` B. Assisting OWNER or contractor in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this Agreement Such services, if any, shall be famished by CONSULTANT on a fee basis negotiated by the respective parties outside of and in addition to this Agreement. C. Sampling, testing, or analysis beyond that specifically included in Basic Services. D. Preparing copies of computer aided drafting (CAD) electronic data bases, drawings, or files for the OWNER's use in a future CAD system. i E. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. F. Appearing before regulatory agencies or courts as an expert µitne.s. in any litigation with third parties or condemnation proceedings arising from the development or construction of { the Project, including the preparation of engineering data and reports for assistance to the i A OWNER, 0. Providing georechnical investigations for the site, including soil borings, related analyses, and recommendations. ARTICLE IV PERIOD OF SERVICE This Agreement shall become effective upon execution of this Agreement by the OWNER and the CONSULTANT and t pon issue of a notice to pre Iced by the OWNER, and shall remain in force for the period which may reasonably be required for the a apletion of the Project, including 14 4 Additional Services, if any, and any required extensions approved by the OWNER. This Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the essence in this Agreement, The CONSULTANT shall make all reasonable efforts to complete the 97233300 S 1 25'x10' 32x10 a t vow;* services set forth herein as expeditiously as possible and to meet the schedule established by the OWNER, acting through its City Manager or Ids designee, ARTICLF V COMPENSATION A. COMPENSATION TERMS 1. 'Direct Non-Labor Expense" is defined as that expense for cny assignment incurred by the CONSULTANT for supplies, transportation and equipment, travel, commiutications, 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, based on the lump sum shown in Exhibit 'A which is attached hereto and made a pan of this Agreement as if written word for word herein, a total fee, including reimbursement for direct non-labor expenses not to exceed $89,742.00. 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 fire value of the work performed at the time a statement is rendered. The OWNER may withhold the final five percent (5%) of the contract amount until completion of the Project. Nothing contained in this Article shall require the OWNER to pay for any work which is { unsatisfactory, as reasonably determined by the City Manager or his designee, or which is not submitted in compliance with the terms of this Agreement, The OWNER shall not be required to make any payments to the CONSULTANT when the CONSULTANT is in default under this Agreement. It ii specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense, or reimbursement above the maximum not to exceed fee as stated, without first having obtained written authorization from the OWNER. The CONSULTANT shall not proceed to perform the services listed in Article III "Additional t Services," without obtaining prior writtcn authorization from the OWNER. A. ADDITIONAL SERVICES: For additional services authorized in writing by the OWNER in ~td Article 111, the CONSULTANT shall be paid based on the Schedule of Charges at an hourly rate shown in Exhibit "B". Payments for additional sen ices shall be due and payable upon submission by the CONSULTANT, and shall be in accordance with subsection B hereof. Statements shall not be submitted more frequently than monthly. 97233300 6 32 X >e MOWN" 0 sACAYW i i ' l a A. PAYMENT: If the OWNER fails to make payments due the CONSULTANT for services and expenses within sixty (60) days after receipt of the CONSULTANTs undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month from the said sixtieth (60d) day, and, in addition, the CONSULTANT may, aP.er giving sever, (7) days' written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full all amounts due for services, expenses, and charges, provided, however, nothing herein shall require the OWNER to pay the late charge of one percent (1%) set forth herein if the OWNER reasonably determines that the work is unsatisfactory, in accordance with m'ris Article V, "Compensation." ARTICLE VI OBSERVATION AND REVIEW OF THE WORK y The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly rtporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or aay subccm,tractors or subconsultants. ARTICLE X71 1 OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT (and CONSULTANTS % subcontractors or subconsultants) pursuant to this Agmcment we instruments of service, and shall become the property of the OWNER upon the termination of this Agreement. The CONSULTANT is entitled to retain copies of all such documents. The !ocuments prepared and furnished by the CONSULTANT are intended only to be applicable to this Project, and OWNER's use of these documents in other projects shall beat OWNER's sole risk and expense. Ih the event the OWNER uses any of the information or materials developed pursuant to this Agreement in another projector for other purposes than specified herein, CONSULTANT is released from any and all liabil,ty relating to their use in that project, j ARTICLE Vill INDEPENDENT CONTRACTOR a 1 CONSULTANT shall provide services to OWNER as an independent contractor, not as an employed of the OWNER. CONSULTANT shall not ha-,re or claim any right arising from employee status. fr' f 97733300 7 x' 25 x 10 , 32 Q.,, a rwra O 1 1 Y ARTTCI,Fj L1 INDEMNITY AGREEMENT The CONSULTANT shall indemnify and save ano hold ham-Jess the OWNER and its officers, agents, and employees from and against any and all liability, claims, &-anands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the OWNF,R, and including, without limitation, damages for bodily and personal injury, death and property ' damage, resulting from the negligent acts or omissions of the CONSULTANT or iv officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. Nothing in Us Agreement shall be constn:ed 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 govern rental immunity, which defenses are hereby expressly reserved. ARTIL'7 X INSURANCE During the performance of the services under this Agreement, CONSULTANT shall maintain d the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Bee Rate Carriers of at least an A• or above: Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence one. not les3 than $100,000 in the aggregate. Automobile stability lnsumice with bodily injury limits of not less then $500,000 for each person and not less than !500,000 for each accident, and with property damage limits of not less than $I 00X0 for each accident, • Worker's Compensation Insurance in accordance with stawury requirements, and Employers' Liability Insurancewith limits of not less than 5100,000 for each accident. ' Professional Liability Inswaxe with limits -)f not less than S 1,000,060 annual segregate. The CONSULTANT shall famish insurance cenificatcs or insurance policies at the OWNER's request to evidence such coverages. The insurance policies shall name the OWNER as an additional i insured on all such policies, and shall contain a provision that such insurance shed not be canceled or :nc0fied without thirty (30) days' prior written notice to OWNER and CONSULTANT, [n su^.h event, r the CONSULTANT shall, prior to the effective date of the change or castcelladon, serve substitute policies furnishing the same coverage. it I 91233309 ti It 2.1) s 10 3zxl~ , LIL i 0 Use" 0 ''.ssnar, I ARTICLE XI ' ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The pc.rties may agree to settle any dis,^utes under this Agreement by submitting the dispute to arbitration or other mesas of alternate dispute resolution, such as mediation. No arbitration or alternate r'i'pute resolution arising out of or relating to this Agreement, involving one party's disagreement, may include the other party to the disagreement without the other's approval. ARTICLE YII I ERMINATION OF AGREEMENT Notwithstanding any other provision of this Agreement, either party may tc, ;vnate by giving thirty (30) days' advance written notice to the other party. I This Agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligatiors under this Agreement. No such termination will be affected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the 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 If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all smicc3 and shall -ender a final bill for services to the OWNER within thirty (30) days afler the date of termination. The OWNER shall pay CONSULTANT for aka r. -vices properly rendered and satisfactorily performed W. for reimbursable expenses to termination incurred prior to the date of termination, in accordance with Article V `Compensation" Should the OWNER subsequently contract with a new consultmt for the continuation of services on the Project, CONSOLI ANT shall coopciate in providing informal'vn. The CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT puns tent to this Agreement to the OWNER on or before the date of termination, but may maintain wt. ;cs otsuch documents for its use. ARTI LL.,<JU s RESPONSIBILITY FOR C'L'AIMS AND LIABILITIES Approval by the OWNER shall rw+ constihnc, •.ur be deemed a release of the responsibility and liability of the CONSULTANT, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work; ear shall such approval he deemed to be an assumption of such responsibility by the OWNER for any defect in the design or other work O prepared by the CONSULTANT, its employees, subcontractors, agents, and consultants. 97!33300 9 10 32 X 10 e 0 ARTICLE XIV NOTICES All notices, communications, and reports required or perrrr tted under this Agreement shall be personally ,l4ivered or mailed to the respecti• arties by deposithkq same in the United States mail to the address shown oelow, certified mail, vt.un receipt requested, w4ess otherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing; To CONSULTANT: To OWNER. Carter & Burgess, Inc, City of Denton Alex Martinez, P.E. Jerry Clark, P.E. Project Manager Director of Engineering and 7950 Elmbrook Dr. Transportation Dept. Dalla., Texas 752474951 City Hall West 221 N. Elm Denton, Texas 76201 t F 11 notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' n+alling. ENTIRE AGREEMENT This Agreement, consisling of 10 pages and 2 exhibits, constitutes the complete and final expression of the agreement of th% parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes ail prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE XVI SEV'ERABILIT Y If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable frota Cm remainder of this Agreement mW shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to ivplace such stricken provision with a valid and enforceable provision which comes as close as possible t^ expressing the intention of the stricken provision. i 91233300 10 r. m' Qi' V" 0 p i a~ I ARTICLE XVIII COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. ARTICLE .E X_VIII DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTIC LE XIX PERSONNEL A. The CONSULTANT represents that it has or will secure, at its own expense, all personnel required to perform all tl-e 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 13. All services required herrunder will be performed by the CONSULTANT or under its supervision. All personnel engaged in work shall be qualified, and shall be authorized and permitted tinder state and local laws to perform such services. ARTICLE XX , ASSIGNABILITY The CONSULTANT shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by asslgrunen4 novation, or otherwise) without the prior written 0 consent of the OWNER, I ARTICL ;XXj MODIFICAI ION No waiver or modification of this Agreement or of yny covenant, condition, or limitation herein 0 contained shall be valid unless in writing and duly executed by tlx pasty to be charged therewith, and 0 • no evidence of any w^i : r or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and 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 u set forth herein. I. 91233300 !1 I 10 32x111 A , 0 V ,ate ands XXII MISCELLANEOUS I A. The following exhibits are attached to and made a part of this Agreement: Exhibit A - Eagle Dive / Collins Street Plan Preparation for Drainage Improvements Scope of Work and Compensation Exhibit B - Professional Services Rate Structure 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 Afreement. CONSULTANT agrees that OWNER shall have access during normal, working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct audits In compliance with this section. OWNER shall give CONSULTANT reasonable advance notice of intended audits. C. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. D. For the purpose of this Agreement, the key persons who will perform most of the work hereunder shall be from the Carter & Burgess Dallas office. However, nothing herein shall limit CONSULTANT from using other qualified and competent members of its firm to perform the services required herein. E. CONSULTANT shall commence, carry ore, and complete any and all projects with ail applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof. In accomplishing the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related :w.k being carried on by the OWNER, F. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make ail provisions for the CONSULTANT to enter in or upon public and private property as required for the CONSULTANT to perform services under this Agreement. The captions of this; Agreement arc for informational purposes only, and shall not In any way affect the O substantive terms or conditions of this Agreement l { i 97233300 12 ti OrJ 32x10 i r 0 s ~ h i IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed b, its duly authorized City Manager, and CONSULTANT has exxuted this Agreement through its duly authorized undersigned officer on this the day of . 19_ CITY OF DENTON, TEXAS TED BENAVIDES, CITY MANAGER ATTEST: e JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: CONSULTANT s ` CARTER do BURGESS, INC. i PHIL DEATON, P.E., SR, VICE PRESIDENT i . WITNESS: I r . BY. \ + ALE 97233300 13 rr e ie ALT p4l 10 w r 0 MOM • I II I I I EXHIBIT A EAGLE DRIVE I COLLINS STREET PLAN PREPARATION FOR DRAINAGE IMPROVEMENTS ` SCOPE OF WORK AND COMPENSATION I SCOPE A. Design Survey: Perform design survey along proposed alignment of storrtt sewer along Maple Street, Myrtle Street, Cleveland Stmt and Collins Stmt. Design survey includes setting project control, locating horizontal and vertical location of visible improvements such as curbs, gutters, driveways, utility manholes, Inlets, valves, meters, trees 6" calipers and larger, sidewalks, power poles, light poles, traffic signals, and sufficient property corners to construct a best fit ROW for design purposes. B. Base Mapping Prepare hair may at 1-inch equals 20 feet scale wing the design survey data. C. Preliminary Design Refine drainage are map, inlet sizing and runoff calculations from previous study. Develop horizontal and vertical layout for proposed storm sewer system with the downstream outfall located at Locust and concrete lined channel, tributary of Stream PEC• 4. 1 ' a storm sewer system will be located along Maple between Locust and Myrtle, along Myrtle between Eagle Drive and Maple, along Eagle Drive between Myrtle and just west m' Cleveland, along Clevc?and between Eagle Drive and Collins Stmt along Collins Stmt bttween Cleveland and Bemard to the outfall of the detention pond en the east side of the Ar!+ors Apartments. A map is attached at the end of this Exhibit showing proposed stone sewn system. D. Final Design Prepare Documents Suitable for bidding to include: 1. Cover Sheet t 2. General Notes & Quantities ' 3, Drainage Area Map & Calculation 4. Storm Sewer Plan A Profiles ~.i 5, Details r 6. Suggested Sequence of Work and Traffic Control Plan 7. Specifications I nnuaocor 14 1 t .f >s4 x 32 X 1 I I IWplllil FL 0. , 1 M1 q :wsanc~ ~ ~ ✓ d.. '..u... i...,,._.... ..........+.......~.urn.n..`.e.........,.....:.'...._.. ~ I E. Record Drawings € 1. Prepare record drawings using contractoea marls-ups on changes to construcdon drawings during construction. F. Deliverables 1. Preliminary Design - 2 seta of bluelines 2. Construction Documents - I set of mylan and I set of original specitice6ons 3. Record Drawings - I act of mylars COMPENSATION: ,e Lump Sum Fee ...................................................$89,742.00 E S~1i1.6 ' A. Design Survey 1.5 weeks ' B. Base Mopping 1.0 weeks C. Preliminary Design 4.0 weeks D. Final Design 6.0 weeks TOTAL 12.5 weeks Above schedule is exclusive of City Review time. P1 r EM+p' V M11 ~ Y. naiaacw 15 „Y ~ F r}',~' k iF ~ r i t ~ 5 M' x ' 'L _ _{M1`k?R~ t IM1y!illa'~'u 2 X` U• 32 X 'I I rl ` I ~ 0 k EXHIBIT "B" PROFESSIONAL SERVICES RATE STRUCTURE Principal S I00.00/hour to S I50.00/hnur Project Manager $80,DO/hour to $I00.00/hour Project Engineer $65.00/hour to 590,Whour Office Surveyor $5 0.00/hour to $60.00/b,)ur Registered Surveyor $72.001hour to S 105.00/hour Technician S45.00/hour to $75.00/hour Field Party (3 man) $93.00/hour to $ 100.00/hour Field Party (2 man) S70.00/how to S80.00/hour i 1 1 I 1 I fv.'. ;v + I f I ~ I tF, lh L. I J ~ i nY 1~ • I V V f Ir S I I x ; I 16 r2 32X10'. a;. 09 r>t~~w 0 cnwerw Agenda ► Agenda Ice" AGENDA INFORMATION SHEET Gala.__~!~ " AGENDA DATE: August 4'",1998 DEPARTMENT: Planning nod Development Department ' l CNUDCM/ACM: Rick Svehla SUBJECT Hold a joint City Council J Planning & Zoning Commission public hearing to hear comments regarding the draft interim Corridor Ordinance. BACKGROUND 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 preliminary approach was presented to the City Council in a work session on April 28. Overall regulations related to setbacks, architectural materials, architectural design, uses visible from the corridor, Eigra, and non- conforming landscaping are recommended. On June 20, July I0`h, and July 24h, staff presented information and received comments from Denton I Chamber of Commerce representatives. Staff also reviewed existing properties in relation to the ordinance, Several issues have been raised during these review sessions, and will continue to be identified and discussed after the August 41h joint City Council - Planning and Zoning Commission public hearing. Although authorized to do so, City Council indicated on July 28`' that no formal action would be taken on August 4'h after the public hearing has been conducted. Council made the decision to xtend the ordinance review process by allowing additional time fur an August 5 h meeting (and possible subsequent meetings) between Chamber representatives and staff. City Council will then review the comments received at its August 11'" Work Session to discuss possible revisions to the draft ordinance. Duc to the large number of public hearing notices mailed out (1,450), a large turnout is anticipated for the public hearing. Copies of the draft ordinance will be made available to the public prior to the meeting, The Planning & Toning Commissioners will also receive topics of these agenda materials in A advance of the public hearing i ISSUES FOR DISCUSSION A preliminary list of issues raised by the Chamber of Commerce include: I. The ordinance review and adoption process is moving too quickly; 2. Compliance requirements for expansions; ' p 3. Possible exemptions for active agricultural land vses; 4. Applicability of the ordinance to entire parcels even i r only a portion is located within the corridor; 5. Sonic roadways should be empbasized while others should he deleted as corridors; i I e„ i^ j• 25 10 32 x I Q o 6. Landscape requirements within landscape setbacks c4nnot be met if all existing trees have to be preserved and native vegetation must remain undisturbed; 7. No parking within landscape setback areas is burdensome; S. Requirements for architecteral materials need to be reworked, especially with resp,^ct to glass percentages; ' 9. Screening requirements for features that may not be visible from designated roadways are very difficult to interpret and should be defined b^lter; 10. The Limited Visibility Uses list contains some land uses that should not be so severely restricted within the corridors; 11. The display of merchandise should be defined and differentiated from outdoor storage uses that must be screened; 12. The retroactive landscaping requirements should be dropped from the ordinance; 13. Corridor regulations should be tailored to different types of land uses; and 14. Signage requirements need to be better understood. STAFF OBSERVATIONS Although incomplete, staff has prepared several comments in response to some of the issues raised: Properties Affected: Section 35.413 states "the regulations shall apply to the entire property whether all or part of the property is located within the (500 or 1,000-foot wide] strip." The reasoning for this was to insure uniform implementation. One alternative is to make the regulation applicable only to the property within the strip. Landscape Setbacks: In regard to Section 35-414, Setbacks, the reference to existing vegetation could be eliminated since the Landscape Ordinance covers this topic. Additional clarification could allow the setback to apply only to the property abutting the designated corridor. An setbacks exception for single family residential properties cc :rd also be considered. Under the current version of the proposed ordinance, houses with side or rear yards abutting the corridor would require an open, tin screened setback, TLe design of the structures with side or rear yards would be severely restricted since the yards could not be screened. If single-family parcels were nxempted from this prevision, the zoning code would still require minimum setbacks. Architectural Class Requirements: The provisions in Section 34-415 regulate maximum and mininwm percentages of facade glass. Staff recommends that exterior glass renectance standards be 0 maintained, The minimurn 20"'o glass would provide a visual relief along the facade; however, the minimum glass requirement presents several obstacles. The provision may be in conflict with the limited use provisions w hich allow s certain uses if screened or located within a building so that the use is not visr!+le from the corridor. The minimum glass would also require glass in some exposures such as westcm exposure that may not be desirable. In review of recent single family construction plans, the average glass on a front facade is 10°io. Elimination of the minimum glass requirement and . continued review of the maximum glass requirement may be options to consider. 0 ArchEtectnr al Materials: The provision related to "split face" concrete block in Section 34.415 could be removed. The term was interpreted by different sources with different results and the tern does not have a clear definition. In regard to "tilt-war;" construction, during our review of the ordinance we determined and the Building Inspection D'.vision confirmed that this type of construction material is applicable under the currently worded provision. 2 10 32xio 0 0 l ' i Screening: Several issues have been raised with respect to rereerung. If certain development features must be screened from all roadway views within each designated corridor, difficulty in meeting ordinance requirements is envisioned when significant changes in elevation occur. An option to consider is to require screening from views directly adja(-at to corridors frontage, thus allowing limited angled views of features deemed appropriate for screening. Retroactive Landscape Requirements In regard to nonconforming properties, the interim ordinance recommended retroactive perimeter parking lot plantings along all designated corridors by 2003. The Legal Department inserted an appeal process that would allow until 2008 for compliance. This provision could be deleted and reviewed i f or when specific plans are prepared. The review may include a recommendation for planting in the parkway or the area between the property line and the edge of the roadway. A plan could be developed as part of a Small Area Plan or as part of an improvement plan for the area. All landscape plans for a parkway Would require review by the Development Review Committee with consultation with the MOT Resident Engineer and the City of Denton Department of Transportation and Engineering. Although not part of the ordinance, the Planning and Zoning Commission staled the need for a plan for p,rblic improvements along corridors to enhance the corridors. In 1981, the City Council instituted a process to apply for TXDOT matching funds as TX DOT road projects are proposed. The matching grant process was used to install landscaping on Teasley Lane (FNI 2181) and University Drive (US Highway 380). Elements of a public improvement plan for right-of-way may include landscaping of right-ofways and medians, TXDOT logo signs, maintenance of roadw ay areas, directional signs, lighting, and sidewalks. Expansions of Existing Developments: A provision for limited expansion of legal non-conforming uses could be added. The landscape ordinance exempts remodeling and redevelopment that would expand existing gross floor area of the lot's structure or structures by less than twenty-five (25). Such an approach could be considered for the Corridors Ordinance, Planned Developments Another potential exemption is for properties with approved detailed plans. Since a separate zoning ordinance must be adopted to approve a detailed plan, any changes resulting from the Corridors Ordinance would require new public hearings and changes in existing detailed plan Proposed amendments to a detailed plan would be reviewed based on the corridor ordinance. T he observations made in this report are preliminary; staff will meet again with Chamber of Commerce representatives on August 5''', 1998 to resume discussions regarding these and other issues. ESTIMATED SCHEDULE OF PRO4EC A meeting with representatives of the Denton Chamber of Commerce was held on Friday, July 24. A joint public hearing with the Planning and Zoning Commission is scheduled for Auust 4, Planning staff mailed notice to approximately 1,430 property owners regarding the August 4'§ public hearing and two notices have been published in the Denton Record Chronicle. After reviewing comments received from the Chamber of Commerce and members of the public, City Council % ill be able to give staff instructions regarding ordinance progress during 1.hc P,u;+.!ct 11" Work Session.. 0 PRIG CTIONIREVIE1i The City Council reviewed the notification process for the ordinance at the June 9 work session and adopted an ordinance specifyi g the notification process at the June 16 meeting, The City Council 3 { 2 32 x 1 f r O r' held a public heari ng on June 2nd, 1998. At the Planning and Zoning Commission meeting on May 27`h, the Commission recommended approval by a vote of 4- 1, The staff met with the Denton Chamber i of Commerce on Friday, May 29 and reported comments from the meeting at the June 2nd public hearing. A second meeting was held on July l0`h, fUlowed by a third meeting on July 24`h. FISCAL. INFORMATION Additional staff review will be required but no specific fiscal impacts have been estimated at this time. The enhancement of public right of way, as a compani m component to the corridor ordinance, will require a financial commitment but a recommendation on the pudic enhancement is not beiud proposed at this time. ATTACHMENTS Draft Ordinance July 13`h, 1998 Letter from Chamber of Commerce Notification Summary and Ordinance Comment Log compiled by city staff) Respectfully submit D d Hill ireclor of Alarming and Development Y 9 I r ^R 14, ',f , Y+S r°' Atli 41~ ry n 4~ r x l{d, i+32 o , .tea ORDINANCE NO, AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDINQ CHAPTER 35 "ZONING" CODE OF ORDINANCES OF THE CITY OF DENTON BY ADOPTING ARTICLE XI "CORRIDOR OVERLAY DISTRICT"; 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 NONCONFORMING LANDSCAPING; PROVIDING FOR CRE,k7ION OF SIGN DISTRICTS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF 52,000.00 FOR THE VIOLATION THEREOF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Denton City Council has determined that our corridors impact the visual image 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 devclopmenls in Denton will help to enhance the economic and aesthetic environment; and WHEREAS, the City of Denton recognizes that the establishment of new rules and regulations through an overlay district for architectural standards, setbacVs, screening of v-.s, prohibition of certain uses if visible from the c^rridor, and traffic circulation will help to enhance the economic and aesthetic environment; and WHEREAS, the City Council has conducted public hearings on the proposed regulations comaincd hcrcin; NOW THEREFORE, , • THE COUNCIL OF THE CIS Y OF DEN'fON, TEXAS HEREBY ORDAINS: SEA IJ ON I. That Chaptrr 35 "Zoning" of the Code of Ordinances of the City of Denton, Texm; is hereby amended by the adoption of Title XI, entitled "Corridor Overlay District," so thnt hereafter said title shall be and read ns follows: ` ` l i' K 10 32 X' 1 i ARTICLE XL CORRIDOR OVERLAY DISTRICT Sec. 35.411. Short Title and Scope. This article shall be known and may be cited as the Corridor Overlay District. This article is creating a nev district that overlays cw-rent districts and that except where they conflict with this article all rules and regulation of the underlying district shall still have full force and effect. Sec. 35-412. 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 th)se 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 Dente i 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. ' S) To preserve the Cross Timbers to Tain and to enhance the grand prairie. G) To create a distinctive sense of arrival to Denton 7) To address issues facing corridor user, including motorists, transit, cyclists, pedestrians in order to create a safe and efficient transportation system. S) To communicate a sense of (,•der and safety to motorist and pedestrians through development 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, 35.413, ClaWfIcatiot,s, 1) Gateways: The Gateway designation is reserved for the roadways with the highest volume of traffic and provides limited direct access. Roads designated as Gateways include: 1.33 N, 1-33 W, 1.35 E, Loop 288, U.S. Highway 380 from Primrose Street west to the city ' limits and U.S. Highway 380 from Ruddell Street east to the city limits. Along Gateways, maximum efforts will be taken to preserve natural features including trees, native lt/ vegetation, and views. Regulations shall be applied to property within a 500 foot wide strip on each side of the roadway measured from the centerline of the roadway, and the regulations shall apply to the entire property whether all or part of the property is located 6 32XI❑ o , 0 rs~w+w within the 1,000-foot wide strip. Any building within the designated 500 foot wide strip shall comply with the provisions of the ordinance. 2) Entranceways: Entranceways are classified as primary or secondary arterials and may have curb and gutter or banow ditch or swales along the right-of-way. Entranceways shall include: US Hwy 77 from 1.35N to Windsor Dr., Teasley Lane (FM 2181), Fort Worth Drive (US Highway 377) from 1-35 E south to the city limits, Locltst Street (FM 2164) from Loop 288 north to the city limits, McKinney Street (FM 426) irom 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 feel 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 :')0-foot wide strip. Any b ildirng within the designated 250 foot wide strip shall comply with the provisions of the ordinance, 3) City limits: The regulations shall apply to property along the designated roadway that is within the city limits. As annexation occurs along the designated roadways the regulations shall apply to the area annexed, See. 35-414. 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 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 percentage of the land area; for example if the setback is 10% of the overall property i then i0% of the tree and landscape requirements must be installed in the setback. ' 2) Gatewa)s: A 25-foot minimum landscape setback measured lrom :ie ptoperty line abutting t'te designated roadway 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 pemtittcd within the 25• foot setback. 3) Entranceways: A 15-foot minimum landscape setback measured from the property line abutting the designated roadway is required. Within the area, all existing trees shall be 1 preserved. Native vcgclation shall be undisturbed in the area of existing trees. No parking shall be permitted in the setback. Sec. 35-415. Architectural Standards. 1) Materials: The exterior walls or the building visible front the designated street shall be comprised of stone, cast stone, stucco, brick, limestone, granite or a similar appearing natural or created masonry material. A maximum of 10% of the building facade visible from the + designated street may be comprised of "split face" concrete block. Glass including windows f ) and doors shall be limited to no more than 50% of the front building facade vi,Aible from the designated street and no less than 20"/0. The exterior glass shall have a maximum reflectance of 20°/,6. An alternative building material consistent with the appearance of the materials listed above may be approved upon recommendation of the Building Official to the Director of Planning, 2) Colors: Neon and fluorescent wall colors as defined by industry standards are specifically prohibited on all building faces visible from a designated gateway or entranceway. 7 ,M' ~5 • 10 32XICl e, R WSW" 1 i 3) Design: The design of each structure shall include relief to front wail and roolline, No h single uninterrupted surface plane shall be permitted, Reference Exhibit A, Building Articulation. Sec. 35416, Se-eening. 1) Mechanical equipment: Mechanical equipment including saiellite dishes must be visually screened from view from 'he designated roadway and front 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, servico, and maintenance bays and all loadir- 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. Ordinance 98-100. Sec. 31.7 states; Any outdoor storage area, or portion thereof, must be screened from public rights-of-way using live evergreen screening plants, six (6) feet in height I at installation, spaced no more than eighteen (18) inches apart, edge to edge. A fence or wall may also be used for outdoor storage area screening, provided it is at least six (6) feel tall, opaque, and of masonry, stone, or wooden material, or of the same material as that of the principal building. Dumpster enclosure openings may not face public rights-of-way unless they are gated. ) 3) Limited visibility uses: The following uses shall & prohibited from being visible from the designated corridor. These uses are permitted if screened by a minimum 8 foot screen composed of solid evergreen vegetation al time of planting, masonry walls, or similar solid ~ i construction excluding wood, or by design within a building, in addition to the required setback, so that the use is not visible in any manner from the designated roadway or adjacent residential zones or uses. The required screening shall he erected along the property to screen the use from the designated road and adjaca,a residential zones or uses. Primary Residential Uses Trailer Camp or Mobile dome Park F,ducationol, Institutional and Special Uses Correctional Facility I A Utility, Accessory and Incidental Uses Electric Generating Plant Electric Substation Electrical Transmission Line Private Utility Shop or Storage Yard Public Building, Slop, Yard of Local, State, or Federal Govemmenl Sewage Pum,ming Station Scwapc Treatment Plant Telephone Line and Exchange Switching or Relay Station Water Pumping Station or Well Water Trcalmcnt Plant Drag Strip or Commercial Racing Fairground or Exhibition Area a i 32 x1❑ 0 VIM" Go-Carl Track Sexually Oriented Business Transporte+.ion Related Uses ! liauiing or Storage Company i Motor Frei;hi Terminal , Railroad Frei,!ht Terminal Rail road Pas: engcr Station Park'ng Lot Truck Automobile Service Uses Auto Wrecking or Salvage Yard Tire Retreading or Capping Retail and Service Type Uses Household Appliance Service and Repair (Outside) Secondhand Store, Used Furniture or Rummage Sale Tool ar Trailer Rental Agricultural Type uses Hatchery, Poultry Livestock Auction Livestock Feeding Plant, Pens, or Yawls Commercial Type Use, Contractors Shop and Storage Yard Heavy Machinery Sales and Storage I etroleum Products Storagc•Who! -sale y Storage and Sales of Fumiturc or Appliances Outside A Building Trailer Rental or ~aies Natural Resource Storage and Extraction Petroleum Collecting or Storage Facilities Spcclal Industrial Processes Asphalt or Concrete Batehing Plant Vrick Kiln or Tile Plant Cemcnt or llydrated Lime Manufacture Dump or Sanitary Fill Area Mixing or Sale of Concrete Open Salvage Yard for Rags or Machinery cic. Smelter or Refinery y Outside storage and storage of merchandise outside: All business operations and activities shall be conducted within an enclosed building. The only exceptions for outside uctiviiy shall be off-street parking or loading; drive-in or drive-through windows at futan.ial institutions, restaurantr. ~tcscription pharmacy c~ dry cleaners, and outside eating in conjunction with a restaurant, No merchandise other titan vehicles :ocated on a lot used primarily for the sale of vehicles including but not limited to automobiles, trucks, construction equipment, trailers, and similar equipment or living materials such as Christmas trees, pumpkins and flowers and similar living landscape plants may be visible Q from the designated roadway or adjacent residential zones or uses. Merchandise may be placed outside if screened by solid live evergreen vegetation planted in accordance with at j the time of planting as per Ordinance 98-100, or by a minimum 8-foot masonry or similar ; solid construction wall excluding wood so that the merchandise is not visible from the designated roadway or from adjacent residential zones or uses. 9 I, Y "Ilk .32 x t a,as,u Sec.35-417, 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 inlout of property to maximize the capacity of the roadway. Access management design features will allow the cor.3estion of the adjacent roadways to be minimized. Examples of access management include comer clearances, driveway spacing, joint access driveways and parallel access roads. The Traffic Circulation Plan should provide detailed information showing how the development will minimize transportation impvcts while providing the necessary business connection to the Entranceway Corridor. The plan shall be reviewed by the City of Denton Engineering Department for compliance with all Subdivision Regulations, Sec. 35-418. Non-Conforming Properties. 1) Perimeter Parking Lot Landscaping: All legal non-conforming properties will in the designated corridor shall provide landscaping by October 1, 2003. The minimum requirement shall be compliance with Sec,31.7(1)(s) Parking Lot Screening, perimeter screening and Sec.31.8 Maintenance (Ordinance 98.100). 2) Redevelopment: In the event of demolition of an existing legal non-conforming use, all requiremuo;s of this code shall be met. In accordance with provisions of Code of Ordinances, Sec. 35.13(d), all requirements of this code shall apply if partial destruction exceeds 50°%. Fora legal non-confotmmi & ales as of the effective date of this 4ldin6nce the property shall be subiect to the provisions of this, chapter when remodeling or redevelopment is proposed that would expand existing gross floor area of the lot's structure i "rUctures by twenty-five (25) get cat or more. 3) Appeal: All legal non-conforming properties within a designated corridor shall comply with the perimeter screening requirements for parking lots contained in Code of j Ordinances, Sec. 31.7(1)(a) by October 1, 2003. The owner of a legal non-conforming property may appeal for relief to the Board of Adjustment to determine a later compliance data In deciding whether to grant relief to the owner based upon such appeal, the Board of Adjustment shall take into consideration the factors se' forth in Code of Ordinances, Sec. 35-48(b), but in no event shall such compliance date be extended beyond October 1, 2008. Sec, 35.419. Signs. A sign district shall be required for any property which has more than three hundred (300) feet of continuous frontage on a Ga(eway 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 rcb.tlations in Code of Ordinances, Chaptcr 33 as presently enacted or as hereinafter amended, Sec, .1.4-420 Applicability and Exclusi mtt P Ap;rllcability. The ordinance shall vpply to all new construction at the time a building permit is tcqucstcd. 0 ; p.. 2) Planned PevelopmenW Properti-s zoned planned development with a.% approved detail 1V plan shall be exempt from the pro-, isions of this article so long as the property is developed in accordance with a detail^A plan ar,.roved prior tc he effective date of this ordinance. f 10 f f` ;4 , 25 "10 32X r 3) Slagle-family: Property zoned singl family shall be exempted from the setback requirements, Section 35-414. SECTION IL That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding 52,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offrnse. SECTION 111. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereaf to any person or circumstances is held invalid by any court of compelent jl~dsdiction, such holding shall not effect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such validity. SECTION IV. That save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of Chapter 35 of the Code of Ordinances shall remain in full force and effect. SECTION K That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secrr:ery 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 (I0) days of the date of passage, PASSED AND APPROVED this the day of ,1998. I ~ I JACK MILLER, MAYOR t ATTEST: JENWER. WALTERS, CITY SECRETARY c BY; - i APPROVED AS TO LEGAL FORM: HERBERT L. PROUCTY, CITY ATTORNEY BY:^ _ r l a ; at pro,; t 1 1 P r "yp. l 1, ?5 x C 1 32X W o o i EXHIBIT •A BUILDING ARTICULATION ,I H • Hellbi of building MHFL • Maximum hxieontel facade lens mdt MWL • Maxlmum venlCal facade knjth qb it MHOL • Minimum hocieantel of6ei kntthVb WOL • Minimum vertical offset kno h ' i v 1 t, , 1 WFLO MHOL • IIAMI ~ ~ MHFL . Sf f elmu4ew kqm of riAu ry~ur pve ISOMETRIC OF HORIZONTAL ARTICULATION rMv?LOL US of euaImuekM 1i el r m r 6QMM kr MNLOM MVOL+17fp0 i h~ uEi~l I~~AISnI ( II I ~ I ft -IN FLANVI[W.HORIZONTALARTICULATION LILVAT10 ERXICAJ`ICLCULATION i is 25 X 10 32X e Q Classification of Corridors G.I,S. Engineering & Transportation • June 3,1998 viarwny a rte, Ip c~°.IIwa, vuwk hSaA~p N C M.0x7,_ 09e----- IOW 0 1000 MW 11000 11000 FOR EnVrnwwry Gmw1y , \ "E'ttlnnaoway Entrmcvw/y I Itlwry V r 1 ry l3alewa ~ ,may Allway A. r it ° EntnnclWs i Odlwry r I T i it J I I fff i I g I ~ O • I pltewry , ~ , \ ~ ~ EnVmuwry. ~>I Entrant my I 13. 32 X L - r - EAL 0 0 COMMERCE July 13, 1998 ` Mr. Mark Donaldson Planning & Development Department City Hall West 222 North Elm Street Denton, Texas 76201 Dear Mark: Thank you for meeting with us July 10 regarding the proposed Condor Overlay District { Ordinance, A copy of the sign-in sheet is attached if you would like to contact any of these people directly. I have also included a copy of the itemized points that Frank Martino brought to the meeting. In reviewing my own notes from the meeting, some of the key concerns and questions that were raised during the meeting included: Staremenr of Purpose, 45, how would the landscaping requirements for adding trees affect the proposal to "enhance the grand prairie?" • See. 35.413, concerns were expressed over the interpretation that the entire lot will be affected by the ordinance, although actual public visibility may be limited. • Sec. 35-414, concerns were expressed over the percentage proportion of required trees to land area, and setback requirements should consider the depth of the lot. ! Sec. J5.415, Architectural Standards, there were questions pertaining to why these is k such scrutiny over tilt-wall and exterior glass that are visible from the designated roadway? It was noted that construction is less competitive if tilt-wall Is not allowed. It was suggested that only pruhlbired materials be listed in this section. r . Sec. 33.416, concerns were expressed regarding the extent to which loading docks E and mechanical equipment can or should be effectively and safely screened from the front? Sec. 33.416 (9), concet ,s were expressed about prohibiting front outside storage of merchandise, as this a ccnunonly accepted practice for successful retailers J w e' i' . 0 0 14. TaS•. 414PAWAY PO.00tAWRAP 0MON,TVAara101-1710 (NOl aq alN 0 in O t' r 32X . e a y n See. 35-418, Non-Conforming Properties, abetter definition and further clarification are needed to determine height requirements and specific material allowed for parking lot and perimeter screening. A specific example was Golden Triangle Mall, and whether the screening wall beight would be measured from 1.35 or the service road? Several individuals expressed general concem over the rapid pace at which this ordinance is being considered, and requested more time to seek possible clarification or compromise on some of the specific Initiatives. Per the offer to allow us to appoint a special task force to work with you on some the specific mechanics of these regulations, our Executive Committee recommends the following: Dale Irwin, Irwin Realty Group, 566.0033 - Frank Martino, Russell-Newman Mfg,, 898-8888 - Joe Mulroy, CBS Mechanical, 382-3396 Rick Salam,Weathertrol, 387.1778 X314 Bob Widmer, Attorney, 381.1082 We appreciate your willingness to listen to the issues that were raised, and do hope that we can delay the process in order reach a broader level of acceptance and understanding on an ordinance that will have such a significant Impact on critically needed commercial and industrial growth in our city. As a chamber, we remain willing and available to assist i with this process. Si cerely I 1 I arles W. Cupenter President l 'Y II 1 h :r I Y+'~'j 75 x C.~ 32 x 10 o . i '7- tb rrN2, HAVE P~tis 3~-z q35-1 Ake, Gvv4,Cee,, i z a, I IBC y,.0 -,,u.-+ $9P PPB,~ r 636 5,,-.,,~~~Q~~-•~~1 f~ gyp, n ~ ~'a-o y pRR ^ 5...~\r M.ll9 aL6. O0.1y pG'~'A0.Y~1W (fe\a~. ~ ~ ~.~.,?~a.~~ VJ ~a J~:~ - s 9s • X08 c 41 ~Oti/R•9P/u2Z/l~P ~jr~~rl~Rc'!a~ RE 6 `~f~D) f 4bu filo-41 f~W~fr~ n u s PeX411SPn ..bevA Pq ~s~~v~ Cor a 3gI-qs~ ..38-so 1 Jo WASP ./(A eNC~ ol o, y rOPAN • i *KA-' G Corms'/ 5o 5'-4tor • • R. M, i E( uNT%Gcc S"c s~5 ~a3G . 0 PeLlIY' i r ORD.AANCE NO, The following are ideal, thoughts, and qu litioaa that 1 hive for the Corridor Overlay District: Set.3 Sd 13. CTaulnalicnt I I 1141[w,1yr whomns AmuthNewnu:. Ire. Owns properly *"Loop 211 scttnding to ll.ayhl" rood ovoi tire uynludoiu apply to au or the propmtyUvt is to Mayhtl Awe 1 21 tulraneeway114 Sameuabove See. 13411, Scilark Requirements. 1) Central pror)ton: Dora this man Ird,il 1141 beet II i acre et 17 acn devetupment that IS heal could is tcquiicd to front end 90 steel in Ibis bahina, of If / acm en braiding nu lea back wmdd have Is two and the rcmahin& properly not countinl told Ing would be required to have 3o hea, or If its building and )mikug consumed to rcmohtln~ 6 sera dun woule the let back hart 1 S heed And tm parting !at 67 Pdma lot Nrm. 2) C4dw,1ye Instead cli phrking shall be permitted wilblo ilia lyfwl set bad haw !bout arras reforrlnl la protcrty pord.sted aner 114 date of adoption and lrandhtheriol all current awned progeny IS. ty.rd w own on Lop 198 trws own end develop ilk rrhlalon tvoold not apply. If we sold the Wool la anther ptrty lot dw clopou l Ute icon cad. would apply Narrow Lois liko Miller and Budwher wdhtd have d)fficutij, 1) gmhaticway: Soucol arms So above II AL arc rl llr: "The exteriaf wall tort lK buildirag rLlt re from l he der[gas hed itract" would incltda any addit Ion { fiat 11 usecll•Nawnteit Ito. mhdd odd to eabtIq buildingbI the IWa or the bast addition would be vh lbla 611111 at of a veant lot. Aa I ?cad to motuiall it eppa of Ihot Ilia wall 1146 construction Is not lrproved, nor annte blast, nor moos IIv t 10% "stall l We cone roe block, JAI, as and Wat•M/n would not comply or tbt ne w Anderson W,uelouse, AamII-New mea snit many other aulldingl in lawn. The provl Iiam an State or no ad less dun 10% 1 believe would cowe prof lilml *11 IN Anye nN building Out fibu l ion opuses and win nouul. Hlghlwy 121 toward ilia 7iryoel be growl AS dte mill tally with slusellw bnildu,ll that would mat qunhfy Developer that 1 haw idled with Is Dilla And this plObion wily unneeeptabld Why lha limitation or ItMe lole w Ida no more than 30%glus That says to raw tha1114 nary arMa W. wing would be agnlled to Lad no men than PPA glass. T'Iwrr ore some bumtMl buildings In the metreplex that Arc vinually alt glou 1) Colors: This may need one . dennllton. Is tau rplN amld'ired neoo or Bnonlu nt. 11 nullnt r dent this Acrid be ow'lied eat l rely S'c, 1341 S. Screening I) Afcchsnledtqulpneah"Maeluntcaleghdpment,trust bedhullylctanedlromItraisdeallnaled Ieadmy and front adjacent resident let eoneo or au." NalImparibre but verydilflcult • 71 VePlrlr urvlu teyil and lnading dnekr. •ANvchlcH repall,wnlel, and mlln'ensnNlsayl and all lNNdlnl "as ilia ll W arranged at Ncranad ad Ili at I Ise lgry Or Jna to A02r YLV1111.R firm n / rlralgra?ad mad. nNyr nr ,1,~ruxhlrllJrnrhl tanaaNUa• 1011A.1111, gad puny ed,aa de nol comply. "Ttha hllawing nest dacha !a 1r0alllr,1d fisw ar101g N4rab from dw detgnnd nr I Jndrehl HJ6FlIly Null eontdor Theo doss tea permitted tyursrnrdayottdNbn, Massnry Wilk or slander rafldaonllrunkon,el by deign wllldn 6 badldlnl, In Iddilbe to the Mgnhed Islbu4 N WI the ylf eNT lff e djNNddfnN the ,fnlgxdd 10I:A.vey of a{rcxf r4ldrxrrJ4001,11 Of Nlu' Dowk Q ' regnrJlaa of Its location it Hobo Pat k tan Prom lore doelguhd readwayt 1ff011EV1IiY1,11T: lYOttt,A ,r Nl'flllNQ Qi/A1.fYY! I uouw n~ay[si Ihot soil gel a bull host start and ImMte the till tetnicil, in sr6la ad awnu, Reallon, dM4L" a SPA at May / InloreruJ ironies to noskI a lour of th$ got Pool SPA t.e If hew Puny libelist Net Witty sanforO IN 111 11 udt+unal. 0d taep Ida I luvl ~ at Period 1 PLAIN balms of futilliy III cam rise even dhault we haw bode dial an very Nllorseuve. flq ..odmf proldcnt Is what thorn a building tool II laaltd em thl corner of dwa eo?rldate. dnlnlty Iltln ItY strain IndWing meal anfnnn I IoM cart 1 ecrvkl Mallon do Ifohf 17. 7 a, r ~ - sgNw , ' O r ac+nw I .J.:n..r... r..bw,+r.., ,..tau , a+m.Mw>'•are.xw~<,....wo............ r. r ~ _i, I ` City of Denton Area Planning 211 N. Ehn Street Denton, Tam 76201 940.349-778 MEMORANDUM DATE: July 29, 1998 T0: David Hill FROM: Michelle Lazo RE: Draft Corridors Ordinance Public Hearing Notification Process This memo is summaries the notification process used for the joint City Council ! Planning & Zoning Commission public hearing to be held on Tuesday, August 4, 1998 at 1;00 p.m. Notification was sent to all property owners within the designated corridor areas m currently proposed. The most recently approved city tax roll was used to Identify property owners and addresses, resulting in approximately 1450 notifications being mailed. In addition; 35,000 utility inserts were mailed citywide, and newspaper ads In the Denton Record Chronicle ran on July 19 and July 22, 1998. The notice was also posted on Marcus Cable channel 26. Attached € is a Corridor Comment Log, these comments were received primarily via telephoner The majority of the comments addr:sged applicability to their particular property. A copy of the draft Ordinance was also mailed or faxed on request t~ If you have any questions regarding the mailing list, please contact me. [attachment] cc; Cecile Carson i JV1 i ~'^jj r 32X I0 a p f City of Denton Interim Corridor Ordinance Comment Log r Date: 6115198 Name: Mr. R.J. Button Business Name: Lakewood Estates Address: 3939 Teasley Lane Phone: 891.4200 Comments: Mr. R.J. Button spoke with Cecile Carson and Michelle Lazo in the Planning and Dcvelopm ml Department, to address the issue of Legal Non-Conforming screening compliance by the year 2003, Mr. Button is the owner of Lakewood Estates manufactured homes. His concern was that the manufactured homes on his properly within the fifleen-foot setback would have to be relocated to comply with the ordinance, Nis. Carson explained that the screening only applied to perimeter parking areas of 20 j spaces or greater, and that his property currently provides screening, therefore Lakewood 1 Estates would be in compliance, Date: 6116198 Name: VIOLA JUSTIN Business Name, Address: Phone: 940-320-1235 Comments: Nis. Viola Justin spoke with Cecile Carson to address how the Corridor Ordinance would effect the satellite disk on her home, Ms, Carson explained that her home is currently outside of the city limits, and that the ordinance does not apply to the E11. Ilo%k ver, if her properly was properly annexed, regulations would apply to new dcvclopmcnt. Date: 61122/98 i Name: John Gerson Business Name: AAE Architect Address: 4121 Commerce Suite 41 Dallas, Texas 75226 Phone: 214-824-704n 1 ` Comments: Mr. John Gerson spoke with Michelle Lazo concern Ingo potential dcvclopmcnt site on it 1.35, Mr, Grrson explained that a client was interested in building a Bobcat tractor dealership that would sell repair and rent equipment. Mr, Gerson questions concerned the screening requirements in the Corridor Ordinance. Ms, Lazo explained that the screening requirements for the Corridors are the saute requirements in a Ordinance 98.100. Ms. Lazo further explained the intent of the Corridor Ordinance, and 0 that noti (cation would be mailed to all prof erly owners within the corridor buffer. I` 19. 32x10 mot p MUM Date:07/02/98 Name: Frank Martino Business: Russell-Newman Mfg, Address: ' Phone: 898-8888 Comments: As this corridor ordinance is written a building could not have a slab or tilt wall construction. These materials would fall into acceptable material if the building met the articulation requirements. Is there a 10% limit on "split-face" concrete block? Roof• top screening is near impossible at every elevation. Screening requirements is not realistic, the ordinance says the use can not be visible. The ordinance should limit visibility. What if you have on,., a small pleie of property within the boundary, why does the entire property need to comply? Why is McKinney street not included? Y. Date: 07/20/98 Name, Business: K•7 Enterprises Address: 720 Country Club Rd. McKinney, Tx, 75069 Phone: Comments: K-7 Enterprises owns twenty acres on McKinney at Loop 288, What are the dratted Architectural and Landscaping requirements? I like the City of Piano's fifty-foot setback requirement. What will be required in the traffic circulation plan? A copy of the current Landscape Ordinance and draft Corridor Ordinance was mailed, i Date: 0N24/98 Name: G V and Kelly Brooks Buslncss: Address: 511 Thomas St. Pilot Point, Tx. 76258 Phone; Comments: The Brooks brothers spoke with Michelle Low about their property on Hwy. ^ 380 east. Their concern is that if one of their properties had to meet the required setback, t • the property would not be able to have sufficient parking. 'Therefore, the property would be difficult to sell. They asked what the variance process would be in this Ordinance. Ms, Lazo explained that the intent of the Ordinance Is not to make any property loose value. j i f a property is unable to comply with the ordinance, a variance may be considered. y Datc, 7/29198 Name, Mr. Rene Cassar Business: Center Point Mobile Homc Community 0 Address, 2212 Fort Worth Dr, Phone, 387-9914 20, 0 • 0 IrAvAl" ' .u. 1..'v.. 5..•N"`. •Y' YF` eN!k'l 1"•Y Y.11.~4! lE WRilJd1XAtipk FYmM61r'N:HM-:i+ r - I i 1 Ccnunent: Mr. Cassar had questions concerning the legal Non-Conforming screening requirement, and resented the fact that the Ordinance listed a Mobile Home Park in the same classification as a sexually-oriented business. Ms. Lazo explained that the legal non-conforming screening would require shrubbery around the parking perimeter. When ' the Ordinance was written Mobile Home Parks was listed as a limited visibility use, but that this was not intended to put Mobile Home Parks in any bad category. This use was listed because most mobile home parks would not meet the Architectural Materials required bY the Ordinance, and therefore would need to be screened from view. The following property owners had: 'erqucstions regarding the applicability of the Corridor Ordinance to their properly. Phone Comments: William Murphy John Monroe Adrian Mulke 383-7614 464.6074 387.5641 Sam Palel Mark Foster Patti Yearwood 382.9688 383-1549 387.0807 Dcnnis Cope Emily Pritchard Mattis Brandell (972) 423.24!4 382.5248 (612)304.5289 Gary Skeen Lisa Jennings Toni Carlson 382.5114 898.8746 464.3630 Bill Cudd Jeff Miller Howard Harpcr 565-0019 387.1718 566.1574 Wayne Henderson Parks Olman Sid Rogers 360-9457 382.3881 387.1233 Dave Ross Virgie Holbrook Linda Shaw 479.0203 566.2291 380-9888 Susan Aialhews Bill Leldtke Frances Bryant (972)503.9444 (817)421.0843 2000 Redwood Nis. Gregory Ann Puckett Jerome Lathar- k 321.2296 (317)638-6727 387.4353 Howard Kelly Vicki Bates Tom Ford < 382.8646 (214)428.1761 (423)380.3121 Ellen Jordan G.W Brooks Kelly Fincher 4 ~ 1 (972)952.9212 686-4330 381.0302 Brenda Maggarl I (207)324-9364 Y &WLQWrdinanc Joe Bentley Mark Foster Jerry Cheatum O Greater Southwest Mgmt, Foster WcslcrrY Wear Prestige Motors 1810 Teasley Ln. 6409 N 14SE 712 N. Elm. Denton, Tx. 76207 Denton, Tx, 76207 Denton, Tx. 76201 , 21, ) 32X ID LIL N i 1 MARY C i , r i Y I 1 Larry Bailey Sheryl Mulkey Kelly Brooks 3819 University McCarty Construction 511 Thomas St. Denton, Tx. 76207 3912 E. McKinney Pilot Point, Tx. 76258 Denton, Tx. John Adami Supreme Beef 1922 N. Locust 5219 Second Ave Denton, Tx. 76201 Dallas, Tx. 75210 Faxed Ordinance Barbara Renke Terri Stanford 383.7653 (214)369.2606 ' Gotcha Properties University Village ' Charles O'Bannen (972) 503-7779 (214)213-6715 1 i I , r I ` i ~t r 22. 2 5 x 3 2 x Q O l Ill~lllllA u.. ..s-._P.. row+wx4~~+aea...,::.a .•.r.M~'.e.r✓t/.LAt~fF:s73'Ie4kX r7~^!ASr'RKRCAa,7K✓1~tl11YARR9Y: +S'F~SKrx+9M'~:., ~ w.... L ! Api.nua No.uL Q810- ~ r. i Agenda Its AGENDA INFORMATION SHEET Date a,~ tat AGENDA DATE: August 4, 1998 Questions concerning this Plan may be directed 1 a DEPARTMENT: Engineering and Transportation to (Jerry Clark, 8390) 10 , DCM: Rick SvehWb ! SUUJEC'L' HOLD A PUBLIC HEARING AND CONSIDER APPROVAL OF A RESOLU110N ADOPTING A FLOOD MITIGATION PLAN FOR THE CITY OF DENTON, TEXAS, IN COMPLIANCE WITII THE NATIONAL. FLOOD INSURANCE REFORM ACT 01: 1994 AS ADMINISTERED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR THE PURPOSE OF IMPLEMENTING A PLAN OF ACTION FOR UPGRADING OR IMPROVINO FLOODPLAIN MANAGEMENT AND QUALIFYING FOR rED17RAL FINANCIAL ASSISTANCE; AND DECLARING AN EFFECTIVE DATE BACKGROUND This program was created to mitigate flooding before it happens This new progrem helps Cities, Counties, etc set up a comprehensive flood mitigation plan to address their specific community needs. A copy of the final plan will be available at our offices and the library to enable our citizens to review the plan at any time. E$TIA ATED SCHEDULE OF PROJECT The plan is complete except for City Council Approval All other processes except final reporting to FEMA after City Council Action are ' complete. jpJBIQRACHONIREV1E3Y Souncil Uoarda Commisslonsf Planning and Zoning Commission reviewed the plan In their February 25, 1998 worksession and approved the plan in the July 2, 1998, meeting I FISCAL. INFORMATION The cost to the City of Denton will be a maximum of $4200 in ~ i cash and $4200 in kind services. Until the project is through all approval, the final cost can not be established We are well under the budget at this time. The plan is funded 75% by Federal Funds and 251. by City of Denton Funds The total cost of the grant is $33,600 without costs of $4200 ca,.+h end $4200 of In Kind services (salaries, etc, ) and the $25,200 of Federal funds Ordinance 97.361 approves the expenditure of funds to Teague, Nall, and Perkins I Respectfully submitted l rry lark r ctor of nginecring and Transportation kr a~ rrtf, CSx~~, $2X~~ 4 O 1 Memo Te' Rick Svehla, Deputy City Manager lFam. Jerry Clark, Director of Engineering & Transportation 7J [ ur 07/20/98 or Flood Mitigation Plan Final Approval The Flood Mitigation Plan was awarded to the City of Denton in late 1998 City Council approved a Professional Services contract with Teague, Nall, and Perkins as authorized by Ordinance #97-361. Our primary focus on the project was to collate the existing plans into one comprehensive document. The document also incorporates new erosion control standards, the new for watershed management plans as called for in the proposed comprehensive plan, outlines future expenditures needed for Master Planning, and other specific recommendations The project has been advertised for public commune in the monthly City page in the Record Chronicle We have worked with Denton County, the Texas Water Development Board, the TNRCC, and FEh1A to get their Input and consideration of the plan. All were satisfied that we had complied with the Flood Mitigation Plan standards Finally, P&Z have reviewed the plan in a worksession and in a consideration item They recommended approval of the Flood Mitigation Plan. The approval of this plan allows expenditure of the other Grant funds that we received to address at risk structures in the floodplain or floodway. We will be coming to you very soon with the results of the property acquisitions for the PEG I, 4 tracts that met the (leant standards We would appreciate the consideration of approval after the public hearing on this item. The public hearing at City Council is required by the Grant rules as outlined in the Manual for the Flood Mitigation Planning and Project Chants r 1. Seal Sol A sraswrs , p easaesae Planning and Zoning Commission Minutes February 25, 199a Page 37 of 40 The people that are proposing to build the raw hospital, of course, have requested that this easen ent be abandoned. The reason we are doing 0 this way-as you may recall. this property has been platted and replotted on several different occasions. As different companies have purchased this property and have changed plans, there are a lot of easements on this site that were put there by previous plats. Some easements have been put on this site by separate document, As a matter of law, if on easement has been +stablished by separate document, the or l way you can remove H Is by separate document. You can't Just put a new plat down. What we've got here shaded In the dark blue Is an area of easement that was established by separate document during the last ptalling process, Now that the new people have purchased the property and they're going to he is a different footprint for their hospital, the easements that were established for the last group or folks don't work. Sc, 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, it has nothing In It, number three, it's In the way or the footprint where they want to put their building. Staff would recommend that this easement abandonment take place as well Mr, Engalbrecht I have a question. When you say staff, does this go through--do these requesls for abandonments of easements go Through the Devtlcpment Review Committee? Mr. Salmon Yes, they do. We get comments from all the utility companies, etc Mr. Engelbrecht Thank you Commissioner Powell. Any other questions for hill, Salmon? Would you like to help us out again, sir? Mr. Salmon A good molion for this ore would be to recommend to the City Council Thal these particular utility easements be abandoned as proposed by the applicant Commissioner Power t. Do we have a motion to that effect? Mr. Engelbrecht So moved Commissioner Powell. Do via have a second? Ms Garter, Second Commie, ner Peweil. We have a molion and a second on Item 12. Do we have any discussion? 1'II call for a vote. All in favor, raise your right hand. Motion passed 5 to 0. IS - 0) 1 see a work session after Item 12, and I have a request for a break. We'll call a 10-minule break until 9, 10 p.in vomlE SSiOf 17. Flood Mdlgation Plan, Mr. Powell Thank you. We're back from our break, and will ready to consider an unnumbered Work Session. Mr. David Salmon presented the staff report Mr Salmon, Wall, as Work Sessions tend to be a little W less formal than normal Hems, I guess I'll Just start out by S describing or introducing what it is I wanted to visit with you about this evening; and, please. I guess, ask questions at any point that you need to. And then, of course, when I'm done you can ask me questions, too, It you have any. Bock, well, actually last October, a very unusual thing happened. I got a call from FEMA one afternoon, end they said, 'We have some grant money that we cannot gat rid of We have to get rid of II within a certain period of lime, or it a going to go away. Would you please be Interested In at least listening to us and see d we can't give the Clty of Denton this grant money,' Well, of course, you know, we thought, you know-our first thought was, 'Okay, how many strings are going to be attached to this.' We Invited them to come up and visit with Us, and Surprisingly enough, there weren't- of dn't seem to Ill lot of strings attached to ibis grant funding. Bel lcally, the grants are caned food mitigation pearls Thera are two tyres or flood mitlgelion plants-there are grants for planning activities and grants for oclual Improvement of eonstruction-lype activities. One or the catches woo that the City had to 0 develop what's called o Flood M ligation Plan. At the time, we did not have that actually, and, or course, we don't now This is why we're here,-b we're trying to put one in place, A flood mil gat+on plan-maybe this would be a good time to turn to page g? In your backup, I've Included some literature from FEMA [hat Sol rf describes this process we've been going through. On that page, H sell of defnes what a flood mitigation plan is, . guest to put H In a nutshell, 4 explains how the City of Denton is going to mill i~ 2X13 El ^ I, o Ir • o ,aa~r 1 . I Planning and Zoning Commission Minutes February 25, 1998 Page 34 o(40 flooding In the city through a variety of different methods-!fnough planning out floodplains and drainage areas l properly, through going Into areas that need Improvement and making improvements, whether they be physical, Such as building a new channel, or maybe In some areas, it may be more sensible to remove buildings instead of spending a lot of money putting in channels I think we've done some or that In the past. Bid the flood mitigation plan, I guess, is a combination-or Sort of outlines a strategy that the City is going to take in mitigating future Moods. The City of Denton, had of the time, in October when oil or this started to came about, had a lot of different documents and plans and policies In place that could be considered pans or components of such a plan; and we also had a lot or different things in the works that could be parts of this plan. If you look on page 134 of your backup, it lists the appendices, or documents that would be adopted as appendices, to our flood mitigation plan the have a flood insurance study end foodplain maps here In the City of Denton Those are a loos that we use to help control flooding in the city or Denton. We have a Drainage Design Criteria manual that looks like this and tells developers when they come to town-and their engineers-what formulas, what kinds of tables, what kind of calculations they're going to need 10 do in order to design the system the way the City of Denton wants it designed So, when people use this design manual, hopefully they're going b design a system that will keep the new subdivisions and sometimes old subdivisions, from flooding Of course, we have subdivision and land development regutalions that also have a drainage section that has some very good language in it which, if lollowed, will help ensure that people do not get flooded when new dev-ilopmenl lake^ place 1 he City or Denton has a Comprehensive Master Drainage Plan. It's In two volumes We have an old volume that was done In 1975 that Includes most of the comer area of lawn Basically what it does-let r me fed a good page that I can kind of hold up-this page is the area around Fouts Field and some of the Owlsley aroa You probably can't see li particularly well, but it shows all the existing drainage systems In that neighborhood plus 4 shows, in a different alga, drainage systems that need to be put In. Now, of course, Ihis book Is very old. 1975, L,) a lot of the systems that show in Ihis book that should be put in already have been. But you can took In this book in only neighborhood and Mind out what drainage systems were In place In 1975 and, at that time, whet needed to be put In place. And in a lot of in, lances, there still are some drainage systems that are not In place and slill need to be. We iss th,s, especially at CIP hri when people from older neighborhoods come in and want a drainage system in their neighborhood This gives us a good Ides or what size of pipes It's going to lake to do that, and we do our cast pstirnates This volume was done In 1990 Because our city has grown so much since 1975, we found that we had a lot of D developaii that were occurring outside the boundaries of our original plan This second plan takes into account a ring ground tie original plan and If": quite a ways out into our ETJ 11 has the same type of information In f1. So, row when people come in and want to develop in the ETJ, In most mStances. cos can tell them what the drainage sduation is m that property and if it requires storm drainage improvements. Over the years, the City has hired consultants to do several sperific ores drainage plans Back in 1989, we hired Freese and Nichols to do a comprehensive watershed end Moe d control study for Hickory Creek, which, of course, is the major creek that runs along the very southern portion of our city. This plan basically shows where the City should have regional delention ponds in place so Ihat, as this water shed develops, we won't have to concrele N like we have Pecan Creek end Cooper Creek. YJe're hoping to leave Hickory Creek in a natural conddion and yet allow development, and let order to d0 that, there are going to have to be several large regional detention ponds constructed In this drainage basin. Our hope is, of course, that the drainage basin will develop with tight Industrial and types of zoning that we have out there, but we will be able to leave this creek In a natural corral as a greenbett. More recently, the Cdy h1s hired Teague, Nall, and Perkins and, again, Freese and Nichols to do studies of Pecan 1 Creek and Cooper Creek The Cooper Creek study is another one thalrecommends detention ponds Cooper Creek r Is pretty well already developed except for the upper reaches A lot or the neighborhoods on the lower ends of Cooper Creek have been there for many years There's quite a bit or flooding Some of the homes se relatively close to the creek. Most of you I'm sure, are familiar with k. Ifs a very pretty area, a lot of Ireee. Again, we dill want to have to go in end concrete this creek and tear down a tot of large treat if we didn't have to. And so our consultants came up with a plan that places three-two or three detention ponds at The upper reaches of the creek that will enable us to leave Cooper Creek in a relatively natural stele. So, you'll probably notice when we limit, aswe gel more development In the northern end in the western portions of the City [hot ere In the Cooper Creek drainage basin, trial we may be recommending or requiring with those developments that they parllcipate In the construction of a regional detention pond And we have done that In foci, you may recall Ins one on Kings Row where we did have t the delention pond That delention pond came out of this study The Pecan Creek Master Plan Is one that encompasses the creek right here behind City Hall and goes north and well through the developed areas up toward University Drive. As you know most of that creek Is already concreted, but there's a lot of floodplafn end a lot of fluoding that occurs, especially In the Carroll Drive area and Alice Street end Panhandle. This plan has very specific fecommends lions in tI on how to fix that channel-how wide 11 needs to be, where wa need to put new culverts where we need to put storm sewers You might recall S few years ago on the CIP, a couple came In that ow ad a home. I believe, on Alice Street with some rathr severe drainage problems and we determined that it was golf to cost 5400,000 to fix the dralnape problem. What the City chose to do was buy E 4 n Pn~oY tj , w-Tr3 1 L7 32 x 0 i O . i Planning and Zoning Commission Minutes February 25, 1998 Page 35 of 40 their house for $100,000, and we don't have that problem any more We relocated them, and k turned out to be • good solution for everyone. It saved ?"A over what the conventional solution would have been. This study recommends several properties that the Cty should probably buy at some point. And there are some buildings that probably need to be removed through this older area of town If we're ever going to get some of the stuff out of the floodptain. Of course, there will be language In the Denton Plan that will speak to drainage and how we handle drainage. We have a Perks and Recrr ction Strategic Plan which, of course, invoNta putting In parks and using floodplains and having traits and greenbalts and things like that thalmake it easier farthe City to maintain floodplalns And there are a few or these documents listed here Thal I don't have, but all of these documents combined In addition with a lot of our regulations and pc' cles do what a good mitigation plan Is supposed to do. And so whet we've done Is hire Teague Nall, and Pan Ins again to actually draft the flood mitigation plan which basically N like an umbrella, or N sorl of ties Of these other cit cuments that I've Shawn you together. If you look on page 107 on your backup, It has a table of contents. These are the Items that are required by FEMA to be In this plan, It detedbes how the plan Suss prepared, it evaluates the existing need hazards In Donlon, gives some plan goals, evaluates our existing floodptsln management program, evaluates potential remeOles which a lot of these plans that we already have in place do, action plan and then, of course, all the appendices. I guess what the plan basically does is answer the question, I 'how will Donlon miligale flooding disasters' And to, hopefully, this plan does explain to anyone who is interested f how the City of Denton plans over the next several years to attack existing flooding problems and to prevent new flooding problems I'mm occurring Just a couple of more things I wanted to mention-besides enabling the City to obtain flood mitigation grants, there Is also a little side effect that occurs with having IhP, plan in place . With having this plan in place, 11 Increases our ability through the community rating system, which v:2 are already a part of, to lower Donlon's flood insurance rates. Flood insurance Is very similar to rife insurance in that Ita based on a key rate are the better floodplain administration that you have and the better regulations that you have in place to take care of nouding, the lower your Insurance roles are going to be In your city, Rig.' now, on a scale of 1 to 10, we're right at a 9 which is toward the bottom of the rating stele, but r you look al, of all the thousands of cities that are In the floodplain program, only a few hundred are even o part of the community rating system. So that alone sets Denton apart from the majority of oties that are in the roodplam program, And the fact that we have attained a level 9 shows that we are doing more than the minimum requirements to order la make sure that Owl! citizens don't flood and that our floodplains are maintained properly, With this plan In place, we're real close to being a level 6. We're probably less than 60 points away from being a level 8 And I don't know whother this plan w. I put us over the top into a level 0, but by having this plan In place, It will give us additional points-and, I would say, vill most likely enable us to achieve a level 8 In the community rating system wilhin the next year or two. What that would do is that instead or the citizens Of Denton enjoying a 6% decrease in flood Insurance cost, they will be able to enjoy a 10% decrease In flood insurance eosl, And, of course, our goal would be to continue to improve our flood administration program to eventually become maybe even a level 7 or 6 community I think the highest le rel aflained right now is Oklahoma City, and I think they're a level 5. At this point, I guest we're just seeking any information or input that you might have about this plan balers we send 4 on to our City Council After our City Council takes a lock It d, our consultant Isn't exactly Sure at that poinl whether we need to send It to FEMA for approval and then come beck to our governing body for approval, or whether FEMA expects us to go all the way through our governmental approval and then have them rpprove II. It seems like a calch•22" to us, and we're trying to figure that one out But, this will be forwarded to City Council next, and at that x, point it will he either forwarded on to FEMA for final approval Or It will come back to you again In a final draft. I'M be glad to answer any question you might have. Mr fowell. Any questions he can field? Ms Gourdis. Okay, I guess what I would like to know-Iha grant mousy Is already there, It's evollabla to us dwe get this nvtigalion, the flood mitigation plan put together. Is that whot-I guess it sounds s v good, I'm nol really sure why we're doing this Mr, Salmon, Well that's kind of the way we fell at first, Well, you know, the federal government always has stdngs S attached to ll In this case, they aren't very-I mean, they aren't huge grants. We had--because we agreed to go through this process, they gave us the grants this year One was for $25,200, which we actually used to have this 4 plan prepared, or at least a portion of it. And the other grant was lot $46,600, and we're going to use that money 10 purchase some propeuks and to help relocals some people in order for us to make the Improvements we're planning on the Pecan Creek Tributary 4, wh ch's the creek that runs lf,rough southeast Conlin. Ms Gourc!4 Great. So.. i - 5 25 32XIO xerawse , O rnaerse i Planning and Zoning Commission Minutes February 25, 1998 Page 36 of 10 Mr. Salmon: And we've been told that, maybe riot this some amount of money, but there will be money available each year to communities that apply, This is going to be an ongoing program, But in order for us to even be eligible for It, we have to have a flood mitigation plan. So this doesn't promise that we will get those grants, because we still have to apply for them, Sul If we didn't he Ye this plan In plea we wouldn't even be able to apply for them. Ms, Gourdie: So the draft has been paid for- This Is wha'. we were previously soying-that tax donors didn't go through because we got this with grant money. Mc Salmon: Right. Exactly. Instead of using lax dullars to have a consultant prepare this for us, we were able to use iho federal grant money to do that. Ms Gourd a And this quaver-Inch of paper is at that? Mr. Salmon Well, [his quarter-Inch of paper is sod aline document that tits all of that together, Ms. Gourdie, So, this will-If anyone from FEMA, or whatever, reads this, they can go and reference all this information if necessary. Mr, Salmon: Correct. Mr, Gourdie, Thank you Mr, Powell. Any other comments or questions? Mr, Engetbrechl. This is titled flood Miligah'on If I'm a homeowner, if I've got any water standing on my tot or runs in my house, I have a food, you know, But, what is-I know that FEMA has various levels of foods- wire trying to mdigale what kind of food? A 100-year flood; a 50-year flood, ores there some other definition of flood in this case? Kit Salmon We generally Icy to m;tlgele a 100-year food. That awhat our floodplaln Is based on, and our drelnage regulations require systems to be designed lot a 100-year food. So, Mr. Engelbrecht. Okay. When do you foresee this going to City Council? Do you have a date in mind yet? W Salmon We don't have a dale. I would assume this will go to City Council wilhin the next month to two months It will be relatively quickly. We're wanting to move along with Ihir. Mr. Engelbrecf,t If anyone wanted to see a copy of this plan, they would Contact your office? Mr, Salmon That's correct. Just as. I guess, as a side note to Net question.-I think In the flood mi gation plan there Is a seroit of a public--of en article that was placed In our City pope or the paper, I think, I forget vi day of the week 1% comes out. But I think once a w ak or once a month, b e City has a half-page ad, and we had a column In that half-page ad some time ago edverfislng that we we're pulling this plan together and soliciting public comment „ Mr, Engelbr_cht. Well, I guess once again, Il1he pubticslill has comments, should they a11 r; i Mr Salmon Oicourse Yee Yes Mr Engnlbrechl the Engineeringoff ca. ° Mr. Salmon, Right. They could talk to eiihetmyself or Jerry Clark, Mr Enge+brechl, All righl, And what would that phone number bs-31g „ y v. Mc Salmon. ,..8358, ` Mr. EngelbieehL ...8358. Okay. I know in the post from time to time, we've talked about the issue of pervloue versus impervious surfaces, and I didn't notice anything In here spec csfy addressing that. Is that because there of addressed In the subdivision fegulalions, etc? Are we taking any-ere we In sny way doing anything additional with regard to the Issue of pervious surface as part of We food miligatan plan? Mr. Salmon: We have wording In our ordinance to that effect, We do allow-there are earns Instances where we allow developers to leave pervlois surface area In exchange for making drelnege Improvements Also, you know .5 a~ ~7 , 32xio o , r,.ar.. Planning and Zoning Commission Minutes February 25, 1998 f Page 37 of 40 we've get a parks and recreation plan that prescribes areas That should become greenbelts. And, of course, our Denton Plan Is going to address some of that also. Mr. Engelbrecht. Well, I just wondered if-Is the flood miligation plan -jIng to make any changes to That whale issue, to the way we eddress that now In our subdwision regulations, etc ? Mr. Salmon: t don't think the food mitigation plan itself is going to cha i9e the way we are handling that Issue. I think documents such as the Donlon Plan-and I think you'll DQ seeing some changes in our drainage regulations In conjunction with the Denton Plan, that will Stan to address some of those issues 9u1 thic plan by kself reaAy won't do I that. Mc Engelbrecht: Okay. The overall philosophy of flood mitigation as I perceive III In Nis plan Is to mitigate floods by means of regional detention facilities Is that a fair statement? Mc Salmon: Right That's a really preferred w.y. Mr. Engelbrecht And I was-Is that-ore we changing our policy from whet we've had? For example, I know we've. In the past, talked about on-site detention. Does on-site detention go away when we have rt gional delenbon, or are we going to continua to use-will we have both, or where was our philosophy, where is our philosophy wkh this plan. In another wards, where are we going or did we not have any point or destination in the past and now we have one as a result of the plan. or.... Mc Salmon: We", I think we're selling our sights on a destination now. We've always allowed detention. I think at a I staff level, we've always understood that it's better to do regional detention than small on-site detention ponds. It's I Jusl that our ordmances have never been structured strongly enough for us to really control that the wsy we would like. Vile do allow small, on-site detent ponds at this point. We don't necessarily encourage them. but they are allowed in our ordinance. I think as v.a stall working on our drainage ordinance, you'll see a definite step toward encouraging and even requiring panldpallon In these large, regional detention ponds and not allowing small, on-site detenl,on ponds-although I don't know Nat you'a ever completely got rid of small, o"ite detention ponds, Mr, Engelbrecht: I know that Ne-as I understand it-the 'lakes' as they're referred to at North Lakes Park and the -lake; if you will, at South Joke Park are, in fact, designed as regional detention facilities Is that correct? Mr, Salmon That's correct. Mc EngelbrechL Would future regional detention facilities be of similar size. Is that eon of-what you would foresee? I'm trying to give people a perspeelYva of, you know, what that means. Mr Salmon, Well, for example, the ponds that have been recommended In our Cooper Creek study that I held up earlier are all In the range of 10 to 15 saes each. Mr Engelbrecht, And how does that compare-what ere the sizes of the ponds at Lakes-whalever you went to call Inem-al North takes mud the one of South Lake. Do you have some Idea? 10 now I'm putting you on the spot here. Mr. Salmon: Well, I would estimate Thal those are probably In the urge to 5 to 10 saes. . Mr. Engelbrecht Okay, So you're looking at something a little larger. Mr. Salmo l Right. MrEogetbrecht IfpossiLe. Mr Salmon In that size range or even larger. • Mr, Engelbrecht. Okay. Thank you That's all n,e questions I have. Mr Powell. Any other questions for Mr. Salmon here? I have a little comment Every time we get into a CHIP situation here, we near horror stories; and thin almost an related to flooding. sewers, drainage-that type of thimg-so, obvic„sly, anything you an do would be appreciated by the general public. AN the--not all, but dam near 3 an-the honor rlorles we get here are related. And I'm assuming you don't want any action tonight on this. -7- r 32 X10 G o Planning and Zoning Commission Minutes February 25, 1998 Page 38 or 40 Mr. Salmon: No. ..'on'I think this requires any action, I think at this point we're just soliciting your comments and thoughts about this Issue and any suggestion you might have. Mr. £ngelbrecht: I would like to ask one more question. This is going with a philosophy, a system of regional detention facilities. What are the options? I mean, Mr. Salmon: Well, Mr. Engeibrechl:...build a lake? I mean, really.,. Mr. Salmon: The options.,.. Mr. Engelbrecht ...live with what we have? Mr. Salmon: Well, you either live with what we have or you build huge concrete channels. Now, just as an example. Pecan Creek is almost completely developed. You've already got buildings almost right up to the side of it-in fact, in soms areas, even over the creek. Mr Engelbrecht. Right Mr. Salmon: Our consultant, and we already sort of knew this, but our consullont says, 'Well, you can't build a j detention on Pecan Creek, It's already, everything Is already almost developed and there's no roam to put a large I detention pond anywhere near it.' Sc, if you look at that Pecan Creek Master Plan, 4's showing some rather sizeable concrete channels that are going to neea to be built it we ever expect to get this area out of the floodplain and stop this flooding But on the other two creeks that are a little bit more natural and have a lot more undeveloped property around them, loth of those plans are recommending large, regional detention ponds. Mr. Engelbrech', One other item. What will happen-how-to what extent have we taken Into account upstream ' developmentthnl is out of our control? Mr. Salmon, Well, moss-wee, all of Pecan Creek is in our control and probably atl of Cooper Creek as well Mr, Engelbrect 1 Because of Q+e ETJ. Mi. Salmon. All in our ETJ. The only one that probably isn't is Hickory Creek, which, of course, Is much larger. These plans have taken Into account future development Obviously, we don't have control of the properly that's not in our ETJ, So, if those develop differently than what the consultants assumed they would, then we can't do a lot about that. But I would say that the major portion of the drainage basin, even on Hic,,ory Creek, Is In our ETJ; and we will be able to have some sorl of effect on how that develops, And developed conoiliolls were built Into the models or plans. Mr. Engeibrechl Do we have a system of monitoring the development outside of the ETJ as K occurs and than compare it to the assumptions made by the consultants to that, if, in fact, we rind that they are exceeding the assumptions, that we could at least talk to hose entities that are Involved-be K the County or some olhor city-and see if we couldn't maybe mitigate that form of development? • Mr, Salmon I'm not aware or anything currently that we do to monitor development outside of our ETJ, and I don't know if Mark knows of anything. I Mr. Donaldson. Just in very general terms, we keep track oldevetopmeni activities, + Mr. Engelbrechl. I guess then I would make a comment at this point In Gme Nat, to the exlont that K's going to, you 1 know -that water flaw i^ going to hav, an Impart on is. we ought to at least monitor thb development to some extent in those watersheds so that we can at least compare 4 to the as.umplions made by the consultants, to that we know i' • if we begin to see that they're exceeding them, then we can modify. Maybe we're going to need additional detention 0 or maybe we can go to those entitles, political enliles, and see K we can't gel them to make some modifications Of tomelhing But we ought to know. At least, I think so. Thank you + I 0 5 Metnaerx EXCERPTED DRAFT MINUTES PLANNING AND ZONING COMMISSION July 22, we The regular meeting of the Planning s ,#d Zoning Commission of the City of Denton, Texas was held on Wednesday, July 22, 1998, @1 510 p.m, in the City Council Chambers at City Han, 215 East McKinney, Denton, Texas. Present, Elizabeth Gourdie, Bob Powell, Susan Apple. Ellen Hoover-Schertx, Rue; Moreno, and Carol Mrs Ganzer Absent: Jim Engebrecht Present from Stafff. Eddie Martin, Assistant City Attorney; David Hill, Dvedor of Planning Donna Bateman, Planner 1; Wayne Reed, Planner I; David Salmon, Engineering Administrator The meeting was cared to order at 5:30 p m. ITEMS FORINDMDUAL CONSIDERATION 4. Consider making a recommendation to the CNy Council concerning an easement abandonment of Lot 1, Block 1, of Londonderry Addition on Londonderry Lane, east of Teasley Lane. Commissioner Schanz: Item k4-Items for Individual Consideration. Consider making a recommendalio^ to the I City Council ComAming an easement abandonment of Lot 1, Block 1, of Londonderry Addition on Londonderry Lane, east or Teasley Lane, Mr. Salmon. Thank you, Mr. Dave Salmon presented the at&M report. Mr. Salmon: Madam Chair, members of the Commission, I'll try and do this very quirky. It's a pretty simple Issue this evening, The ape we're talking about Is Illustrated on the site map on the screen. It's on Londonderry Lane, Just to the east of Sam Bass Srulavard. Ifs an existing platted led that I believe was originally platted for on apartment complex back k the 19ON This is a copy of the plot and I've hghlighted, In yellow, the subod easement. This easement was pieced on this tot by the plat for the purpose of installing a water line to serve the apartment eomp;ex. The easement was arranged in such a manner to go around the bulldogs as they already had a site plan at the time they platted the property. Na wis back in the mid-80s, Of course, everything son of NG span back then. This is just one of those projects that never came to Fruition Since that Ilme, the property's been sod. A different person has plans to build an office complex on the property instead and doesn't need this particular easement. Nothing was ever Installed In 1M easement. It was strictly an easement placed thereto serve a particular development, which Is no longer viable. So, the City of Denton has no need for this portIculsir easement. Staff is recommending that this easement be abandoned Commissioner ScherUt Think you. Are there any questions of Mr. Salmon? That was pretty straightforward Thank you. If there are no questions, I would entertain a motion, please. Mr. Powell. Madam Chairman, I would move that we recommend to the City Council approval of the abandonment of the 16-fo:t utility easement in Lot t, Block t, of Londonderry Addition Ms Apple. Second Commissioner Schert- Thank you, a motion his been made and seconded. M In fitiur, please Ngnify by raising your right hand. Motion carried unanimousy. (8 - 0) S. Consider making a recommendation to the City Council concerning the final draft of the Flood Mitigation Plan. >D t, Commissioner Schertz Item 05-Consider making a recommend rio i to the City Council concerning the final draft * of the Flood M tigatlon Plan. Mr. Salmon. 9 C) 32 X10 l Je1@ae i I i Planning and Zoning Commission Minutes July 22, 1998 I Page 2 of 7 t Mr Dave Salmon presented the staff report. , f Mr. Salmon: Thank you. You probably recal back in February, we did a work oesslon considering the flood mitigation plan. Al that time. I explained how e8 that came about and some of the history behind that At that meeting, 1 promised everyone that I would be back hr get a final recommendation from the Planning and 7_oNnii Commission to the City Counnl, it was a little bit It nger In coming than I had anticipated, but here we are this evenin0 I guess the only thing 1 wonted the flood mflg' alion pion, unless you have any questions to say about bout M again, Is that Rs o plan required to have in order to obtain flood mdgetpn graft from the that to CRY Is a Texas Water Development Board. We received about 180,000 In gents lest year, and we\ro applied for gents again this year, In order to receive those grants, we have to have this food mitigation pion in place. Flood mitigation plans, very qulc*. Is a document Shat sort of takes a lot of our existing documents, a lot of which I have slacked on the table over here, which I won't go through. I ho most of those with me last tme. N takes all thoa documents a$ well as some o;lher maps and master plans that I don't have with me this evening wd sort of combines M of under one umbrella called to flood mitigation pion. Basically. We a plan that explains how the City of Denton Is planning to angle flooding n the city-how We 90kg to address ex4tkg situations as well so situations Oat may come up in the Uwe. Agee, I reviewed this pretty thorn ghy fast t me, so I won't go into l In groat detaA, but I'll be happy to answer questions you might have about to plan. Again, we will be makng rscammendaton to the city council. Commissioner Scfeft Thank you, Are there any questions? Yes. slr. Mr, Powell: Mr Saban. have you received any negative comment on this- on this plan at all Mr, Salmon: No. None whatsoever. We advertised to plan In the Denton Record-Chroncb, and tetra have been other public hearings, none of which recelved actually much comment at all Mr. Powell: Thank you. Commissioner Schertz. Yes, air i Mr. Moreno. Mr. Salmon, have thence been any significant charges since to February trait? h Mr. Salmon: No', there havenl been any significant changes. The only ehonges-there we obviously some fypw and some wording changes, and some blanks hove been filled In since to lest time we were We, but tare has been nothing or anything significant changed n"document. Mr. Moreno: Okay. Thank you. Commissioner Schartz: Thank you N there are n0 fuller questions or comments. I would entertain a motion, please. Me: Apple: Madam Chair, I move that we recommend to to City Count Not the 0nal draA of the flood mitigation fit plan be approved n Its current form. s , Mr. Moreno, Second. t Commissioner Schertz: Thank you. A motion has been mode and a second, Al in favor, pbsa signify by rising your right hand. And the motion carries unanimously : (S - 0) We're on a roll this evening, 'jVA, r ' i Y 1 10 .rz t« 1 ,vi,. , ~ ~R5 x l a 32 XIO e 0 0 , _ f I RESOLUTION NO. A RESOLUTION At)OPTING A FLOOD MITIGATION PLAN FOR THE CITY OF DENTON, TEXAS, IN COMPLIANCE WITH THE NATIONAL FLOOD INSURANCE REFORM ACT OF' 1994 AS ADMINISTERED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR THE PURPOSE OF IMPLEMENTING A PLAN OF ACTION FOR UPGRADING OR IMPROVING FLOODPLAIN MANAGEMENT AND QUALIFYING FOR FEDERAL FINANCIAL ASSISTANCE; AND DECLARING AN EFFECTIVE DATE WHEREAS, on October 3, 1997, the City of Denton, Texas, entered into a professional services agreement with Teague Nall and Perkins, Inc. to prepare a City-wide Flood Mitigation Plan in concert with the City's Engineering and Transportation Department to assist the City in applying for federal grants administered by the Federal Emergency Management Agency (FEMA) for flood mitigation activities; and WIIF.REAS, Teague Nall and Perkins, Inc, was directed to prepare a Flood Mitigation Plan in compliance with the standard planning process set forth in the Community Rating System (CRS) Application, FIA 154 (July 1996 edition) and I WHEREAS, the Denton City Council held a public hearing on August 1998 to receive additional input from the public regarding the adequacy of the proposed flood mitigation i plan; and I WI ILREAS, the Denton City Council finds that the Flood Mitigation Plan attached to this resolution has been prepared in compliance with the CRS Application, FIA 154, guidelines and the adoption of the plan is essential to protect and improve the quality of life in the City of Denton, Texas; NOW, THEREFORE'', 'I 111: C'OUNC'IL OF THE CITY OF DENTON HEREBY RESOLVES: SEC TIO'N L That the Flood Mitigation Plan prepared by Teague Nall and Perkins, Inc in concert with the City Engireering and Transportation Depatment, which is attached hereto and made a part hereof for all purposes, is hereby adopted as the Flood Mitigation Plan for the City of Denton, Texas, and such plan shall be utilized by the City in (a) upgrading or improving floodplain management within the City and (b) qualifying for federal financial assistance in compliance with the National Flood Insurance Reform Act of 1993 as administered by the federal Emergency Management Agency. c 0 SVC I ION I[. I hat this resolution shall become effectively immediately upon its passage and approval. h 11 10 32XIO I , . 4 r r, Yf Y Ir ti` I - i~ s ;r r ~ + 0 , I . f PASSED AND APPROVED this the day of _ '1998. 1 I I JACK MILLER, MAYOR `I c ATTEST: t JENNIFER WALTERS, CIZ Y SECRETARY f APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY p, E ' I 1 I IK 1. Y . I Ay~ + t .Y V ` cwrrw.~nw nrul+at,wrxe urr d;' 12 3'2 I o + e , •eoaen ~QJS~ Ayen'a No. AGENDA INFORMATION SKEET Aycnda itam/~ AGENDA DATE: Augusl4, 1998 DEPARTMENT: Planning Department DCM: Rick Svehla, 349-771 US BJECT -Rancho Vista Change of Zoning (7 98-009) Hold a public hearing and consider approval of a change of zoning on a 11.484 acre tract from Ag,,cultural (A) zoning classification and use designation to Commercial, conditioned (C[c]) zoning district and land use designation; and providing an effective date. (Planning and Zoning Commission recommends approval of the change of zoning, 5 - 0) J, 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 northwest Denton to accommodate commercial development consistent with an approved General Development Plan. Within the city and adjacent to the proposed annexation, the applicant owns 20.060 acres w ;thin a Commercial (C) zoning district and 11.484 acres within an Agricultural (A) zoning district. The requested change of zoning on the 11.484 acre tract, coupled with the annexation and zoning of a 30.320 acre tract, will establish a commercial zoning classification and land use designation on all 61.864 acres of land under common ownership. The Planning and Zoning Commission recommended only a single condition with the requested change of zoning: the standard lighting condition. Staff recommended a series of conditions that reflected the conditions placed upon a similar rezoning request earlier in the year (the Baruch property, 7,-98-006) and anticipated some of the details of the proposed corridor overlay zone district ordinance. P & Z eliminated all but the lighting condition, assuming the approved corridor overlay district standards should control over any specific zoning conditions done at this time, The Commission also assumed that the corridor ordinance would be considered prior to any potential development of the property. 0 City Council has the opportunity to (1) consider the P and Z recommendation as is, (2) reinstate some or all of the conditions as recommended by staff, or (3) reinstate the staff recommended ; conditions and add a condition that the provisions of the corridor ordinance or the conditions of the zoning will prevail at the time of development, whichever is more restictive. ter. PRIOR ACTION / REVIEW (Council Boards Commissions) 0 The Planning and Zoning Commission recommended approval (5 - 0) of the change of zoning at its meeting on May 27, 1998. FISCAL NFORMATI0 1. CIS lace.: - , • p t I" ~ ;framrm Without speci,ic development plans at this time, it is impossible to complete a cost - benefit ; ' analysis without making maiy assumptions. Nevertheless, commercial development with a retail component oiented toward 1-35 users at this site is likely to have a positive benefit to cost , . ratio. A TACHSIENTS , 1. Planning & Zoning Commission Stafi'RepoM A-75 and Z-98-009. I 2, Planning & Zoning Commission Minutes, May 27, 1998. 3. Staff recommended conditions to P & Z. 4. Draft ordinance. 5. Site Map, x' I Res fully submi d f vid Hill Director of Planning and Development Prep ed by: Mar Donaldson ~ . Assistant Director, Planning and Development r j , f E r- I F t' I I , 32 k I ~ ~ 0 ® A7 TACHMENT 1 i PLANNING AND ZONING COMMISSION STAFF REPORT S_S_ ub)ect: Request for Annexation & Rezoning Case Number: A-76 " Rancho Vista Z•98-009 a Mark Donaldson PALq: May 27, 1998 GENERAL INFORMATION Applicant: Kimley-Horn & Associates 5 12700 Park Central Drive, Ste 1800 Dallas, TX 75251 Owner: Rancho Vista Development Corp. 5000 Thanksgiving Tower 1601 Elm Street Dallas, TX 75201 Action: Hold a public hearing and consider making a recommendation to City Council concerning the annexation and zoning of 30.320 acres and a request to change zoning from Agricultural (A) zoning district to Commercial (C) zoning district on an 11.484 acre tract. Location and Size: The 41.804 acre tract Is located in northwest Denton on the north side of U.S. Highway 77, east of Interstate 35. Surrounding Zoning and Land Use: ,I LOCATION ZONINt3 LAND USE North: ETJ Undeveloped South: Commercial (C) Travel Center/Truck Stop East: Agricultural (A) Undeveloped ( West: Agricultural (A) 1-35, Undeveloped _ Denton Development Plan (DDP): This property is located in Intensity Areas # 6 and #12. Area #12 is bounded by Bonnie Brae on the east, the A,T & SF railroad on the west, Barthold Road (extended) on trio north, and Westgate Road (extended) on the south). This Is a high 3. M U r intensity area, containing 1,059 acres and designated as an `Urban Center". There is no intensity limit for high Intensity areas. ! Urban Center. The 1988 Denton Development Plan designates this area as the "northwest urban center". An urban center Is the largest center described in the DDP, strategically located to encourage the concentration of commercial, retail, office, light industrial and multi-family housing, ' These centers are intended to serve as the hub for economic activity and employment. According to the Plan, the northwest urban center should be approximately equal In size to the southeast canter by the year 2010. This area is one of four major activity centers identified in the DDP; the others are (1) the Golden Triangle Mail area to Mayhill Road, (2) the airport area and (3) the downtown core area. Area #6 is north of area #12 and is designated as a low intensity area.. The primary purpose of these areas is to ensure the over-all ?and use / transportation balance by controlling the over-all density and Intensity. These areas represent primary housing areas in the City. (p,27, 1988 DDP] Non-residential uses are encouraged In all areas of the City subject to limitations. The over-all trip generation within a low intensity area is expected to be less than 60 trips per day per acre. SPECIAL INFORMATION Platting. This area is not platted, Plat approval is required prior to any development. Required public Improvements will be determined during the platting process. The provisions of the landscape ordinance will be required. 1.35 and Hwy 77 intersection. Current development at the Intersection of Highway 77 and Interstate 35 poses a significant challenge when compared to the proposed activities contemplated in the urban center as described in the Denton Development Plan, In the southeast and southwest quadrants of the intersection truck stops are currently operating. Commercial (C) zoning in the northeast quadrant would allow additional trucking-oriented development. The development activity at this intersection is obviously vehicle-oriented, with an emphasis toward meeting the demands of the users of the interstate Highway system, Major entrance to the City. This is a difficult transition area for the City. It is at this location that the planning concepts that encourage high-intensity economic development meet the reality of the market for development that provides vehicle-related services. It is a major entrance to the • City. As a result, the quality of development Is Important to city leaders. Highway 77 Is scheduled iu the near future to be upgraded to four lanes, divided, with a median. This is an opportunity to visually enhance this particular entrance to the city. Design Standards. The City Council is currently discussing many Initiatives that would create or enhance the design standards required by the City. Over the last several years, the attachment • of conditions to zoning amendments that serve as design or performance standards has become p a common practice of the Council. Typically, these conditions help to mitigate anticipated negative Impacts of new development on neighboring development, existing or future. Common zoning conditions have Included lighting and landscaping standards, es well as building characteristics. 4. J q 1 h 0 U i F ACKGROUND I his property was annexed Into the city in 1986 and zoned Pgricultural (A) by Ordinance 86-06. ! here has been no further zoning or development activity associated with the property. The preliminary plat for the property was considered on the consent agenda of this m:,eting. NOTICE Notice to the public was mailed May 15, 1998, to four (4) property owners within 200 feet of the subject property. As of this writing, ore reply with undecided response has been received. ANALYSIS The table below will provide a summary of the Plan related analysis for the southern half (Urban Center) of this property: Denton Development Plan Policy Analysis Summary Urban Centers Development Rating vs. Policy POLICY COMMENTS nconsstent Inconsistent Consistent The proposed use of the property as a Intensity truck part distribution Is rroi less X In' ue than contemplated by We i Commercial and Indus i emphasis Commercial toning Is proposed X Mixture of employment and high density The proposed zoning M11 create residential uses employment opportunities but no x housing. NI Individual properties should not be expected to provide a mix or uses Low Intensity Area. Commercial zoning in a very large low {ntensity area should be expected to have non-residential uses near an exill from the Interstate highway. As the area is develop, : it is likely to see a node of Intense use near the Interstate exit and reduced intensity of uses as distance from the Interstate exit increases. Commercial zoning on the subject property within the low intensity area is consistent with this type of land development pattern, LQgkinj to the Future. One of the purposes of zoning is to implement the goals of the city. The Denton Development Plan states the expectation that this area will one day become a major employment and activity hub of the area, but that time may be twenty to thirty years down the E road. In the meantime, land owners expect to use their property in accordance with the current rules and regulations of the city. Development that make sense today may not make as much sense if the focus is on a longer time period. wOil On balance, the proposed zoning is consistent with the Denton Development Plan and compatible with develop) nent In the area. At a major entrance to the city, the quality of future development should be controlled. City 5. u i Council has already authorized staff to prepare materials that could result In Increased land use controls along major corridors. It Is relatively easy to Identify a number of conditions that would improve the perceived quality of development, including setbacks, landscaping, lighting, and design standards concerning building materials and appearance. RECOMMENDATION Staff recommends approval of the annexation and designation as a Commercial, conditioned " (C[c]) zoning district, with the following conditions for the 30.320 acre property and a change of zoning from the Agricultural (A) zoning district to a Commercial, conditioned (C(c)) zoning district, with the following conditions for the 11.484 acre property: 1. The building line along the Highwcy 77 frontage and the western property line shall be fifty (50) feet. 2. A landscaped area no less than thirty (30) feet from the property line along Highway 77 and 1-35 shall be maintained. 3. No parking area shall be allowed in the landscaped area required In #2. 4. A landscaped buffer yard of twenty (20) feet shall be maintained along the noithem and eastern boundary of the 41.804 acre zoning district, within which no less than one (1) ~ canopy tree and two (2) understory trees shall be maintained for every seventy-five (75) lineal feet of boundary. 5. Lighting on the property shall be designed and maintained so as not to shine on, cr otherwise disturb, adjoining property or to shine and project upward to prevent the diffusion into the night sky. 6. At least fifty (50%) percent of any wall area of a building, inclusive of windows and doors, that is visible from Highway 77 or 1.35 shall be constructed of masonry materials. 7. Mechanical equipment, Including satellite dishes, shall be visually screened from view from Highway 77 and 135. 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 Highway 77 and 1.35. 3. The design of any walls of a structure visible from Highway 77 or 1-35 shall include relief I) wall and roof line according to Exhibit A, Buildiog Articulation. No single uninterrupted surface plane shall be permitted. MOTION ` I move to recommend appro,-al of A-76, to annex and zone 30.320 acres as a Commercial, conditioned (C[c]) zoning district, and rezone from Agricultural (A) to Commercial, conditioned r (C[c]) zoning district, subject to the conditions as presented by staff. ! ALTERNATIVES 1. Approve as recommended. 2. Approve with additional I fewer! other conditions. j 3. Deny, finding the proposed zoning Incompatibl9 with the surrounding area. 0 ` 4. Postpone consideration to ) date crrtain, tD 0 I ENCLOSURES ~ I 1, Site Map: A-76 and Z-98-009 2.. Zoning Map 3. Annexation Study (A-76) 6. 25 10 32XIO ® ENCLOSURE 1 SITE MAP A-76 i Z-98-009 r I 2t; Zoac Htv►~ r ; r A 'To e 1 rr~rr II ! A • I i ~ ! r ZOnG C I ~ i 1 si c + i ~ r r fawn _ i ~ea~aw 7. x EJ 32X I0 • o o~rerw , ENCLOSURE 2 ZONING MAP Z-98-009 ' a~narYa~ ~wrw. ' r II ~ I 1 ,1 I ' •I I .er ...~'.hS~P..I Yolrtr 1 CO"ERaAL ZONING OISTR CI I CA AC"I ! tl I! i •W M rMOW Y~.. 't!!lf r V "Ji I . 1 ` I 1 K= YK+~ tY.w~ I Y.i.V 1 1 o MrtG OM %iAl rYl to l 1 ~ [~asnNC 20NIN ~ r` co~n+ceau \ ~ ~ I ~ f. MA A YIV01 rIN ~ ~ ~ ~ ' 0 1 ENCLOSURE 3 ANNEXATION STUDY (A - 76) Rancho Vista Name and Address of Owner. Rancho Vista Cevelopment Corporation 5000 Thanksgiving Tower 1601 E.m Street Dallas, TX 75201 Name and Address of Developer: Rancho Vista Development Corporation 5000 Thanksgiving Tower 1601 Elm Street Dallas, TX 75201 Location and Size: The subject property Is a 30.32 acre tract located In northwest Denton, near this Intersection of Highway 77 and Interstate 35, Existing Land Use: Undeveloped. Currently used for agricultural purposes. Surrounding Land Use: East Undeveloped West: Interstate 35 North: Undeveloped South: Commercial (Travel Center) Proposed Development: This property is adjacent to other property owned by the applicant that is already In the City and has Commercial (C) and Agdcultu. al (A) zoning. The proposed zoning for the property considered for annexation is a Commercial (C) zoning district. The maximum floor area ratio allowed within the zone district Is 2 : 1. Total development of 2,8 million square feet would be allowed on this property Analysis: 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 when annexation study should be considered: (1) Single family developments over five acres; or (2) "utti-family, industrial or commercial development over one acre; or - 1 9. ?S x 10 32X10 r 0 3 l i 1 (3) Any area where the density exceeds 500 units per square mile; or (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: (1) The ability of the city to furnish normal city services equal to other comparable areas Inside the city limits. A. Streets and Roads. The property is located at the intersection of U.S. Highwarv 77 and Interstate 35 in northwest Denton. Average daily traffic on Highway 77 near I- 35 Is 8,875 vehicles. TXDOT is scheduled to upgrade Highway 77 to four-lane with median In the near future. Excess capacity in the roadway system exists, B. Water ! Wastewater Servicea. Water service in the area will be enharced in the very near future with the installation of the Sanger water line of the Trinity Regional Water System, Wastewater collection lines are currently available in the area, though they may have to be upgraded to accommodate significant development. Water distribution and wastewater collection service is available. Water and wastewater treatment systems have exceos capacity, C, Electric Distribution. Electric distribution is capable of providing service to the area, 0. Solid Waste Collection and I The city currently provides solid waste services to other businesses In the Immediate area. Any development in the area will result in increased demand for services. Additional personnel and equipment may be necessary to provide service to significant development in the area. E. Police 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 city. Additional personnel and equipment may be necessary to provide service to significant development in the area. F. Fire Prot%ton and Emergency Medical $erv(ggg (EMc). Any future development of the property will result in Increased demand for fire protection and EMS services in the area. Station #5 is located at the intersection of Windsor and Bonnie Bran, less than two miles from the property. Response time would be relatively short. Additional personnel and equipment may be necessary to provide service to significant . development In the area. tD G. Packs and Recreation Services. Any future development of the property may yi result In additional jobs in the community and new residents to fill those jobs, resulting • 4. A 0 yt - cnnnno i in increased demand for park and recreal'-3n services In the community. Additional personnel and facililles may be necessary to provide service to the employees and their families who live locally if significant development in the area occurs. H. Libra Services. Any future development of the property may result in additional jobs in the c )mmuni;y and new residents to fill those jobs, resulting In Increased demand for l orary services In the community. Additional personnel end facilities may be necessary to provide service to the employe•as and their families who live locally if significant development in the area occurs. I. Code Enforcement Building Inspection and Consume Health Services, New building activity will trigger additional care work for the Code rnforcement, Building inspections and Consumer Health departments, At present t sere Is no excess capacity In any of these divisions. J. Plannirg and Develooment 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 d'vision of the :,apartment. } K. Miscellaneous, Any future development of the property will result In Increased demand for general government services in the area. Additional parsonnel and facilities may be necessary to provide service to significant development in the area. ID L. Capital Improvement Program (CI P). The CIP of the City is prioritized according to the following guidelines: I. Provision of Ca,,ital Improvements as compared to others areas will be based on 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 in the upcoming CIP. This property will be considered according to the established guidelines. (2) The reliability, capacity, and future public cost, if any, of current end planned provisioner for community facilities such as roads, drainage, utilities, etc. A. Streets and Roads. The property's primary access will be via highway 77 and Interstate 35, both the responsibility of TXDOT for maintenance and Improvements. Internal roads required to provide access to future subdivisions of the property will be the responsibility of the developer. There will be tittle short-term cost to the city to provide direct capital Improvements for streets and roads related specifically to the development. 32X' O O ' B. Water / Wastewater Services. Water distribution and wastewater collection systems are in proximity to the property. Water and wastewater treatment facilities have cap3rity. Both are "Enterprise Funds" so that any necessary improvemei its will not impact the general fund. Service lines will be the responsibility of the developer. C. 1 tri Distribution. Facilities to provide electric service to the property may be necessary. Again, the electric 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 aste Collection Find Disposal. Equipment to provide services to the property may be necessary. The solid waste utility is also an enterprise fund. E. li % Eire pnd Emergency Medical Services, These departments 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 #5 is conveniently located with respect to this property. F. Parks and Recreation Library and Gengral Government Services. The demand for these services Is more a function of residential population than commercial development. Additional commercial development will result in more jobs, which may result in more population in the city. (3) The need and quality of land use and building controls. Private controls will be considered. This property is located at a primary gateway to the city. Control of the quality of land and building development will be desired. Zoning established for the property should reflect the need f dr land :1nd building design standards in this critical area. (b) Impact on the city, both current and long range, including at a minimum: Fiscal cost and benefits; Over the last few years there has been a perceptible shift in the primary source of local government revenues from property taxes toward sales taxes, in this regard, commercial 0 development that collects sales taxes from sales to patrons from outside the city is a very positive development. However, it is now very difficult to complrite an accurate cost-benefit cnalysis, In terms of potential costs versus potential revenues, Me best of situations for a local government would be a retail establishment In a very expensive building that sells exclusively to out-of-town patrons and has only out-of-town employees. The demand for local 1 government services would be minimized and local government revenue would be 0 maximized. Costs are a function of the type of development that Is ultimately constructed, O • local unused capacity within the city's Infrastructure system, the percentage of locally produced costs of goods sold, the likelihood of local ownership and the percentage of employees who live locally. Revenues are a function of the cost of development, the volume 12. 10 t.r Z5 ft, 32XIE] 0 l of sales, the percentage of sales to outsiders, and the percentage of employe6s who live I locally, Although it is nearly impossible to accuralety estimate at this "me, retail commercial development in this area that attracts s significant share o! sales to people from outside the city will likely show a positive revenue to cost ratio. I b Traffic; Loca'ed at the intersection of an Interstate 35 and U.S. Highway 77, traffic congestion at this E location will be relatively minor and localized. Employee related traffic has amply opportunity to disperse in multiple directions. Retail traffic Is most likely to use t•35, Highway 77 and Lu p 288, minimizing any Impact on collector or local streets. C. Infrastructure of roads, utilities, and othor community facilities; Highway capacity is in place and will be enhanced in the near future. Water distributi)n and wastewater collection systems are In place. 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 #5 will provide relatively good response times for fire and emergency services. The area Is already within the police service area. e. Building or development quality; The property is currently zoned agricultural. To more Intensely develop the property, a change in zoning Is required. Land and building design standards can be Incorporated Into any approved zoning. 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 zoning. g. Community character. The predominant character of existing development In the area is vehicle-oriented, in keeping with the city's location astride Interstate 35, 35E and 35W. Any new quality development is likely to enhance the area. y, 0 (5) Conformance with or need to ensure conforms^ce ~Mth the officially adopted O • master plans of the city. The 1988 Denton Development Flan identifies the area as an'Urban Center". 13. E Ik 'I 32X o u ,I "All 4 _ T~ I r The urban center designation is the most intense development district In the city. Commercial deve!opment of th!s property will conform to the "Urban Center" intensity standard. { i ~p k 1. ~1 i1C 1 }4 1.T C 1.4. 1 ~ 32 x ~ d 0 I ANNEXATION SERVICE PLAN i M CASE NUMBER: A-76 AREA: 30.32 Acres LOCATION: North of Highway 77, east of Interstate 35 i Municipal services to the site 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. i Aoce-ts is available currently via interstate 35 and Highway 77, each with excess capacity. B. Water / Wastewater Services. Water will be available at the east side of the 1.35 right-of-way by fate 1998 and currently available at the south side of Highway 77 right-of-way. Wastewater service is currency available at the east side of 1.35 right-of. way and at the south side of Highway 77 right-of-way. C. Electric Distribution. Eiectric service is currently available in the area. 0. Solid Waste Collection and Dis sal. The City currently serves adjacent property. E. Poljervices. The City currently serves adjacent property. F. Fire ProteUVon and Emergency Medical Services (EMS). The City currently serves adjacent property. Station #5 Is less than 2 miles from the subject property. G. Parks and Recreation Services. The City currently serves adjacent property. North Lakes Recreation Area is less than 2 miles from the subject property, p H. Libre Services. The City currently serves adjacent property. I :i. 25 10 32x10 LAL 1%A loom" • o , 7 eatfcw r n "1r 4. 1, Code Enforcement. Building Inspections and Consumer Health Servlces. { The City currently serves adjacent property. J. Planning and I)evelooment Servlces. The City currently serves this property. K. CaA1al Improvement Program (CIP). The CIP of the City is prioritized according to e 9 following guidelines: ^ 1 • Provision of Capital Improvements Es c,mpared to others areas will be based on characteristics of topography, land utilization, population density, magnitude of problems as related to i 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 In the upcoming CIP. This tract will be considered according to the established guidelines, i i , a r u ~ • / ! ' tit r 1 , W I 1 rt 32XIII i Planning and Zoning Commission Minutes ATTACHMENT 2 May 27,1996 Page 29 of 68 1 Elderados. My understanding of the map Is that it doer, in fact, Include all of the properties within 290 feet of the perimeter of this property. Commissioner Powell: Anyone else to speak against the motion; speak against the application? Okay; we wilt give " Mr. Weatherford a chance to rebut here. Mr. Weatherford: 1 believe that our plan Is really consistent wnh what Is happening N the area for the future- Goffman and Broad across the street and Syntex catty corner from u" Is whet is going to happen in that area and we think that we are consists it with that. Commissioner Powell. Thank you, sir. Anything to ask of Mr. WeatherfirwO Thank you, air. At this time, 1 will close the public hearing and open the floor up here for discussion and/or a motion. Ms. Apple: Mr. Chair, I would like to comment. Commissioner Powell: Yes, maim. Ms. Apple: I am very sympathetic to the neighbor of this property out there, being In a somavfi,.: similar situation myself. As I was so aplty told-unfortunatey, you run the risk when you purchase property near undeveloped areas, It is just kind of the nature of the beast. I reply think that this looks like a good plan to me because I do think that 8 Is consistent with what Is out there and what Is going In, and , think that It is a good concession doing the 10 lots on the outside and putting the 7 in the cantor. In lieu of that, I move to recommend approval of Z•97.034 with the conditions as recommended by staff. Commissioner Powell: We have a motion on the floor; is there a second? Mr. Moreno: I'll second, Commissioner Powell We have a motion and a second on agenda hem, 13. Is there any further discussion from the Commissioners or quesbans? Mr. Eagetbrec l Mr. Engetbrecht Just a comment that I am glad you brought up earlier. The traffic and drainage are certainty going to come with deg etopment; however, they win be addressed at the platting siege. Staff is already certainty aware of who' Is going on there and Is following that area very ekssy. We are, In this city, managing drainage much more carefully than we have in many years earlier, which is what Is causing us to contend with a lot of things these days. Thank you. Commissioner Powell: Any other questions or comments from the Commissioners? If not, I will an to, a vote. All five have been cast; It is Ne L zero in favor. (5 - 0) 14. Hold ■ public hearing and consider making a racommanrtution to City Council concerning the annexation and zoning of a 3(1 tract, and is request to change zoning from Agricultural (A) zoning district to Commercial (C) zoning district on an 11.484-acre tract. The Property Is located In northwest Donlon, north of Highway 77, east of Its Intersection with 1.35. Commercial development Is proposed. (Z-9W9, Rancho Vista, Mark Donaldson) Commissioner Powell: We will go on to Item 14-we will hotd a public hearing and consider making a recommendation to City Council concerning the annexition and zoning of a 30.320-aces tract, and a request to change zoning from Agricultural zoning 6str'ot to Commercial zoning distrki h` an 11.484-acre tract. The proporty is locate4 in northwest Donlon, north of Highway 77, east of Its intersection with i :'6. Commercial development is proposed, Mr. Donaldson. Mr. Mark Donaldson presented the staff report. M Donaldson', This &Re is at the intersention of Highway 77 and 1.35 In, 1lrwest Denton. 9 Commissioner Powell: Excuse me, Mr Donaldson. Sir, ma'am-please. Thank you. Yes, Mr. Donaldson. 17. 4 25 K 32 x ❑ , 0 O } r w: scam r Planning and Zoning Commission Minutes r May 27, 1998 Page 30 of 58 l it Mr. Donaldson: We actually have doree separate actions to make recommendations on this avering. One the sonexatx n, semndty the zoning on that particular annexation, and then a request to change zoring of property that Is already w.Nn the city limits. I think that this site map probably shows M test. The proposal a to annex the pink area; the heavy dashed line Is the existing city limits sc that you can see it Is contiguous with city limits on virtually 85% of Its boundary. We are looking for a poil"lar annexation and for a zoning to commercial. We have suggested a number of conditions on t. Concurrently. there Is an application to rezone, and I messed up the picture that is In your packet. I failed to include this little sliver on the southwestem part; that Is octualy part of the rezoning request. We are looking to re2one the yellow area from Ag to Commercial, and again we are suggesting the same conditions, The conditions that we are recommending really come from an hem that you Witl see later on this evening-the draft corridor overlay zoned district We have tried to Incorporate as much of the Intent of that ordinance to create a landscape buffer area along the major corridors to minimize the parking within that landscaped area. We have also suggested that a landscaped buffer yard be created along the northern edge of the i annexed property and the eastern edge of the annexed property similar to this last case. Again, this line right here is a kne of demarcation in our Denton orvelopment Plan between the urban center end a low Intensity area So, thle may, M fact, have development north of F re that is other than Commercial; to we wanted to put a buffer yad In there. We have included whet has become our standard nyhling conlition, and Included a number of design standards that are consistent with the proposed corridor ordinance. It is Lisp consistent with a recently rezoned property down here that we looked at a couple of months ago and that has L,,,-en approved 0 you will recall- conditioned that at least 50% of lit be nonmetal. So, we have Included that condition that at least 50% of any wall area of a building, inclusive of windows and doors, that Is visible from Highway 77 cr 1.35, shall be constructed of masonry materials. The proposed correw ordinance requires 100%, 1 think, conditioned that mechanist equipment be screened; that all vehkle repa'•, service and maintenance bays and loading docks be screened or arranged •o that it sy not be visible from the highways; that the design of any walls of any struclure that is visible from the highways nave what we call articulation-that they are not simple, massive, linear walls and we Included in the packet an exhibit from the draft ordinance that shows some formulas for breaking up wall masses. The annexation study de,nonstrales that we are capable of providing all of the urban services to this arcs. We already serve the area on 80% of as boundary , Of cour", with development will come increased pressure to perhaps add facilities, equipment or rersonner to do that r.nd without a specific development proposal, M Is impossible to do a i cost benefit fiscal anzysis. We can say that. generaly, retail development brings in both sales tax and feops-4y tax, so we con generally show h !&a positive benefit-lo-cast ratio. Are there any questions of met Commissioner Powell. Mr. EngelbrechL Mr. Engetbrecht: I noticed that you had recommended the landscaping on the northern edge, or buffer on the northern edge, based on the current Denton Development Plan, w h suggests that that woui `e a low Intensity area. Pecognizing that we are now looking at four different plans, th ee out of the four, which are adopted would In essence slow higher density develop cent along all of our major thoroughfares such as this. If In fact one of those had been in place, woukl you have st4l recommended the buffer on that northern odge7 If In fed we do Thal now, is that In any way going to inrerfire in the future with the possible consideration of ono-sits traffic management or , would we Just simpy say that you will have to cut through the buffer and...9 Mr, Donaldson: Acoupie of questions In there. Mr Ergelbrecht: I assume, sort of. • Mr, Donaldson. Certainly, ri we had a preferred development srenarlo in place that specified any one or a combination of thuse that we're considering, the conditions recommended may be diY2rent We would toe able to analyze it in a little broader scale, a little bit more definitively Oan we an now. Certainly, 9 this particular parcel gets linked up to any other parcel for subsequent development, we wo,,ld have to reconsider the conditions and could sJdress them through any particular rezoning by linking the properkii together M they are Joined If they are under separate ownership, for example, this All comes in as Commercial, rs may in fad require a buyer yard for gloom. i am not sure. It would depend very much on siiedpecNK sorts of tan litbns, We certainly woold allow the punching through of any rocdi through a landscape wall. 0 s Mr Eng•sibrecht, I guess, more than would we allow k 1 guess my question is -given that we are asking for these buffer yards, would we really shtl he pushing for on-site jrculaVon of traffic ever under separate ownership; art we shli going to be doing that? 1 think that that Is slated kt our policies. yy 18. ~~;,~'~•,~-fir 2S G~ 32 x t [ o eware~s a Planning and Zoning Conmmission Minutes May 27, 1998 Page 31 of 88 Mr. Donaldson; Yee; that Is a current poly in the Denton Development Plan, end I think that II Is a good one. The more interlor traft patterns that we can crea'.e, the fewer cars that have W go out onto the highways. $0, we l would certainly not do anything to discoum Je that. Mr. Engetbrecht And the butler Is really-we an sell encourage it to lot out through the buffer. Mr. Donaldson: Yes; all rishl. Mr. Engelbrecht: Okay; thank you. Mr. Donaldson: They are not so extensive that they are not going to make ony particular plea of property without value, Mr. Frix rechL Okay; thank you Commissioner Powell: Any, other questions of Mr, Donaldson? Ms Apple: I have one. Commissioner Ili Me, Apple Ms. Apple: Regarding the recommendallon about the 50% of any wall area of a building Inclusive of windows and doors-Is Inclusive correct? I ktc Donaldson: Yes Ms. Apple, Okay-that's visible shall be constructed of masonry materials, So, technically the other 50% could be mMEI? Mr, Donaldson: That Is..., Ms. Apple This could possibly be an entry to the Cry at ii point? Did staff consider..,? Mr, Donaldson Yes; kecptng in mind that the s"legy on the corridor ordinance as It Is written now Is to create on overlay zone, which would create a separate s of design stendards for any properties within 500 feet of the center line of the rght•ol•way, which as It Is written now would require a 10090 masonry wens for an walls that are visible. So, In fact, we could have two sets of requirements-one that is attached to the entire zoned district that says 60% aid then the overlay zone, which woul4 apply to anything wnh[n 500 feet of the centerline that requires the 100%. Ms Apple. I guess k Is not the 50% masonry Ost t am concerned about; M Is the other 50%. Mr. Donaldson. Right. Coull ended up modifying the condition that Came, out of P & Z to that n read, '50% of the wall nice shall be non masonry.' This would be consistent with that. Ms. Apple. Thank you Commissioner PcweA: Any other questions of Mr, Donaldson at this time? Okay, we win hear from the appfant. Mr. Dillard, Mr. Chairman and members of the Commission, my name is Don Dillard, Hunt Petroleum Corporation, 5000 Thanksgiving Tower in Dallas We own the land. I think that Mr. Donaldson has given you a pretty good overview, I thought I might lake dust a second to slow a couple of slides that we have that might answer some of the questions (hat you have been asking I am going to leave this here and get back to M In a second. This Is vague, but n g„ nerally shows you the loop 288 and 1.35 and our land holdings out Thera; we have quite a bit of land north of 77 up In this area under the name of Rancho Vista, We are doing some planning on that land. There is a . waterline being built along 35, and Currently the sewer is the problem In that area, but we ore exploring some tower possiblkt es. So, k ;a longer range down the road. The area around the 77 Inlersed'ion that we are talking about, S1 this 58-acre Irscl, as Mr. Donaldson said Is serviceable with utilities; and, of t4i south of [here we ore doing the outlet mall and some other development contemplating In that area But tonight, in essence, what we era Vying to do Is take This St-acre tract, whicn wt own Of the south end of this holding, which Is represented on his sketch, that curranlty has some mixed things obaA n-parl of it is not In the City, part of 8 Is. Part of h Is zoned Commercial; 1 ` 54. :x;t±; 1. 32 X ❑ 1 I ® ' 1 I a~w®a ' ffiQxYp Planning and Zoning Commission Minutes May 27, 1998 Page 32 of 88 this part Is zoned Commercial, and of course, this pert is Waldo the city. So, ws have 28 saes In the city; 11 of that Is not zoned; 17 acres Is zoned, and we've got 30 acres In the ETJ that Is not zoned. So, what wa ore trying to do, concurrently with this end with the Council, is go through a process where we annex that 30 acres end zone Ras (C) Commercial and then zone this 11 acres that Is In the day (C). So, the bottom line is that we are trying to gel " the 58 acres ready to do development, and we are trying to gut all packaged to we can do some delimited development studies and gel it Into (C) zoning. Currently, the CRY Council has had the public hearing one on April 21 for the annexation, and public hearing two May 12 and the first reading of the annexation Is scheduled for June 1. The zoning case will be going to the Council-I think it is July 21 along with final annexation, Of course, tonight we are considering before you Me zoning. I might add that Mr. Donaldson has covered R very well and I would be available to answer questions. One comment that we got these recommendations beforehand-we have no problem going along with the rules and regulations, For example, on the property around the mall, we have a 40• foot setback on our PD on buildings and here we ere talking about $0. As I understand It-and I may riot understand t, so correct me-the suggestion here Is what you think Is coming as pert of this corridor ovrr,ey. We have no problem alrAing by that R that's what happenC but whet we want to try to avoid Is being just put on us and then that might n6 happen. I guess, a question that I have got just along that line Is-ths property that is back east of where we ere and was zoned Commercial receity, how was that handled? I did not follow the final case on setbacks and those requirements Mr. Donaldson; Well, I have tried to make comparable the conditions to those that were adopted with tat ordinance, and I think that I have held pretty true on R. 1 do not recall them exactly but..,. Mr. Dillard, What we were curious about-d there could be s Ime wording here that says this is the approved zoning, but In case you pass this or R is eondilored upon this being corridor zoning-because theft could be something that comes out of your corridor zoning that is different than thls. So, 1 just raised that as a question. We will try to abide by R. The discussion about the edge treatment, we are doing some plans on this Isnd. I think your question Is appropriate, but I am not sure what the answer Is. We do have from previous days a general development plan on this property that is sketchy, but there Is road coming through the middle of R. Right now, we are just trying lo get the zoning clear so we can do some planning. So with that, I will stand by and answer questions R 1 can. Commissioner Powell, I have some, but we wig let the Comm.salonere go first. No questions, Ms. Apple? Mr. Dillard, there ere eight very detailed conditions here, and I assume that you have seen them? Mr. Dillard. Yes, sir, that was what I was talking about,... Commissioner Powell. Oh, I understand, I was just trying to mske a point here, Let me mumble through this for a second. They ere based on a zoning ordinance, and 1 will ask Mr. Donaldson to help me he,e, that we arm expecling will happen later. Is that right, sir? Mr. Donaldson, One factor Is the pending corridor ordinance. The other factor Is the recent case on what Is known as the Baruch property right here, where we put a very comparable set of conditions in place. Again, kind of anticipating the corridor ordinance Commissioner Powell. Of course, we are going to be looking at that later this evening, and we might have a j concept of what that Is going to be. We do not know what the Council Is going to do, 1 could take a guess but R does riot seem fair to me that he would have to set with all of these of he h not comfortable with them because of on ordinance That is not passed yel. I am not taking you to answer me, air; I am just kind of making a comment. I am not trying to put you In any kind of bind here. I am just telling staff that R bothers me that we would ask for al of these conditions based on something that we do not have-we just expect to have. Is there any part of these eight that is particularly bad from your viewpoint, air? Mr. Dillard, Con I make a comment In regards to your question? 1 Commisoionerlsowel. Absoluley. Me Dillard I think your question is sort of along the lines-ws asumed until this afternoon that what we were ~Aw asking for was just Commercial zoning. We know whet Commercial zoning Is; we got R on the property south. f ~ recognize and appreciate the process that you are going through In trying to gat an overlay, but what I was i , - - l 20. ~r;~ "`''fir I❑ 32 x~❑ ' e ' o Planning and Zoning Commission Minuies May 27, 1996 Page 33 c' Sa assuming we would do until this came up 11 that ova would get the (C) zoning. And 0 you come up with in overlay and when you do, k apples as I understand It to an of the properties along 35, Including what we haw already got zoned and developing south. Is that Irue? Mr. Donaldson: That ca,,ild be true. Both Highway 71 and the Interstate show up on the corridor map. I believe ' they are listed so different zone districts. One is a primary and the other Is a secondary. Mr. Dillard: Sir, to answer your question-and more specifically what I would prefer, based on what we assumed, is we be given the (C) zoning s^d H and when you pass something like this, It applies to our property, we will respect h. for example, wa had a 40-fool, 0 1 remember, on the outlet mail and on the pad styes where you have the restaurants, the 40 feet Is really pushing It pretty hard. Fifty toot, then you have 30 feet of that an easement or a buffer. I think on the south we had a 40-foot setback and 20-foot buffer, and we have socommodated that and worked wish It on the pad shes But k was en awkward situation. Now s 50-h sounds kke you ere getting s this ion more but N you take 30 of it for a buffer, you only have 20•fest so you really cannot hove our minimum parking, You could have one row of cars In one parking So, I am not really prepared to answer in detall your question because Ihis Is sort of-not a surprise from their standpoint; they have been working on ft. I would prefar, 01 had a choice to suggest you pass It with (C) zoning, and then when this applies we, Eke sit of the other" would be ~ applied to us. Commissioner Powell. Thank you. Any other questions or comments for Mr. Dillard at this time? Mr. EngelbrechL I might just ask-whal Is the setback on the Good Eats Irom the service road? Do you know? Mr. Dillard. I'll ask Roy. Roy. Is k 40-feet? It Is 40-feet Mr. Engebrecht: On Good Eats? Thank you It was kind of a point In reference. Commissioner Powell: Mr. Donaldson, I am going to ask you to help me think through something hare. Let's assume that the corridor ordinance passes-and I would have assumed; oh, would Nat get me In trouble-that ft would only affect newly zoned properties after that time. It is going to affect everything that Is already zoned on a corridor? Mr. Donaldson. The laher. The current concept Is that it would be what we all an ov"y some, to h Is a separate set of standards that overlay the underlying zoning. So, h would affect previously zone4 properties. Commissioner Powell It is kind of en ex post facto zoning then, Is h not? Mr. Donaldson: Yes, to a degree, Commissioner Powell: How does ft affect things that rte already built that do not meet the new zoning? Mr. Martin: I think that I need to answer that Commissioner Powell. Boy, I hope so. 1 am not trying to cause a problem, but I want to understand this. Mr. Martin: The thing Is that even though it will be effective In all areas, 9 there Is a nonconforming use, that nonconforming use will still be able lobe there. It will be kids the other ord risnces; Y they for,.odel or change 1111, then they will have to accommodate to the requirements of the overfly district ordinance Aso, there might be canditions where the proposed overlay district wltl also have a time per'nd for nonconforming uses to come up to standards on the certain aspect of the ordinance "him a eorlsln tl;oo pence. 1r~1 anal la else allowable as long as what you are asking them to conform to Is reasons'it@ and the 0me is reasonable to conform to that. Commissioner Powell Thank you very much. That helps m.. Mr. Dillard, Can I get up and comment along that line? In just a point of referer it Is not about this case; but for Q example on our property south of here ova have a zoning ordinance -and I do not remember the numbw of R but A Is PD for 245•ac,es-that we spent a year going through with the P A Z. Aod that was where the 40-fool was laid on us and the 20-foot setback. We haws a al of plrnning going on In that property that rasped@ that 40 and that I 20 It has real pe:uiiar zoning, k is even more intense than your Npial Commercial because Il was a unique plan. I 21. h~Yw~ nu ' o... ~~j X ! ! 32 X ❑ 1 I 1l 1 van" I Planning and Zoning Commission Minutes May 27, 1993 Page 34 of 58 It sort of disturbs us that we are going to be faced with another overlay that will mow that stuff book further. I just sort of echo your point that we do not mind as long as we antldpete something; but when we were given that zoning, R was a special zoning district for that 245 acres. It is rent like a typical Commercial tract. So, now we are looking at another overlay that Is going to probably be more restrktlve than what we had. Just make that as ■ ' comment and that Is about all. Commissioner Powell: That Is pelting beyond what we are discussing tonight, but I understand what you are saying, and It might be a good pint to bring up before the Council. Any questions of Mr. Dillard at this time? If not, I will ask d there Is anyone In the audience that would like to speak for the proposal, Anyone else In the sudlence that would like to speak for the proposal? Anyone in the sudence that would hku to speak against the proposal? Anyone In the audience that would like to speak against? Not seeing any speaking for or against, f will ask Mr. Dillard If he has any final comments. None. 1 will then ask the staff-he does? Mr. Donaldson: If I could, with ale exception of condaion Ave, all of the others relate more or lose to the draft corridor ordinance. If you fell that the corridor ordinance was going to be enacted end do its job, I would just ask that condition rive, which has become pretty standard for us Wely, the fighting conddion, be left In piece. Commissioner Powell, Yo further discussion? We will close the public hearing and open it to the Commissioners for a motion, questions, d, ausslons, whatever, Mr. Martin: Mr. Chairman, can I just say something before you all pet Into...? I only want to remind the Commissioners that to avoid some confusion, there needs to be three separate motions on this particular Rem. There should be a motion that Invowes the recommendation to the Chy Council on the onhaxallon of that particular piece of property. Then there should be a motion as to a recommendation to the City Council as to the change In zoning to the portion being annexed, Then there is a separate motion for the property, 1 I-acres, which is already In the city limits, which [hey are also asking for a zoning change. So I just wanted to say that to try to prevent some confusion and make sure that the cleanest way to do it would be to haw three separate motions on those hems. ' Commissioner Powell Mr, Engelbrecht Mr. EngetbrechC Mr. Chairman, I would move that we recommend approval to the City Council for the annexation of Commissioner Pc vell: 30.320acres? Mr. Engelbrecht: Is [het k? 30.320 sues, Commissioner Powell: Is the, correct, Mr. Donaldson? Mr Donaldsun: Yes. Commissioner Powell: Is there s second to Mr, Engefbrechl motion? w Me canter: st~ond Commissioner Powell: We have a second, Any discussion or questions on this mono„? I will can for a vote. An votes have been cast, It passes five to zero. (5 - 0) Commissioner Powell. Are there any further motions at this time? i Mr Ergelbrechl. Mr. Chairman, I move to recommend approval of rezoning the 30,320 sores to Commerc'al (C) subject to condilon number Ave as presented by staff. J Ms, Apple, second, a Commissioner Powell: There Is a second from Me. Apple, Is there any discussion on this motion? Seeing no 0 y. d scussirn, I will can for a vote. AR votes have been cost; motion passes rive to zero. (S - 0) t Commissioner Powell: Chair is open to another motion 1 I 22. C) 10 f . 2XIO e , N • o Planning and Zoning Commission Minutes May 27, 1998 Page 35 of 58 Mr. Engelbrechl: Mr, Chairman, I move to recommend approval of Commercial (C) condil'aned toning on the 11.484 acres of case Z•98.009 with the condition rive $$presented by staff. Commissioner Powell: Is there a second? Ms. Apple: Second. Commissioner Powell, Ms, Apple seconds. Are there any discussion or quesl'ons. Seeing none, I will sae for a vote. All votes have been cast, Motion passes five to zmo. IS - 0) Commissioner Powell: Thank you, sir. We are going to Item 15 0 1 have my numbers correct. No, we are not going to Rem 15. We ere going for a break until 9:20 p.m. Thank you The Commissioners adjourned for a break. The Commissioner reconvened at 9:20 p.m, 15. Hold a public hearing and consider making a recommandstion to City Council concerning the amendment of a detailed pion within a Planned Development (111,047). The 4.708-acre tract Is located In south Denton on the wool side of Lillian Miller Parkway, between I-35£ and Southridge Drive. Office development is proposed. (Z•98-023, Soulhridge Oaks, Mark Donaldson) Commissioner Powell. We will now return to the PV.ra,lnq and Zoning Commission agenda, Item 15-we will hold I public hearing and consider making a recommendation to the City Council concerning the amendment of a detailed plan within a Planned Development (P0.87). The 4,708-acre tract Is located In south Denton on the west aide of Lillian Miller Parkway, between 1.35E and Southridge Drive O'i ce development Is proposed. Mr. Donaldson. Mr. Mork Donaldson presented the staff report. Mr. Donaldson Thank you, Mr, Chair. j i j Commissioner Powell: Thank you, sic I Mr. Donaldson: Let me alert off by making M clear [hat the proposal delmiled plan amendment is for the area rnly to the north side of Southridge Drive end doesn't affect the existing detailed plan for the area south of Soulhridge Drive To place this site within the city, the very easily Identifiable Southridge nelghborhond, interstate 35E and Lillian Miller Parkway. The 4.7 acres runs lengthwise along Lillian Miller Parkway. Essentiarry, we're going to talk about consistency with the Denton Development Plan, which Is our guide on rezoning cases, mild he language about compatibility with surrounding land uses, This particular piece of property was toned first in 1969 with the city's first zoning ordinance as Agricultural It was rezoned in 1978 to Sr-1o zoned diotrld, at which time Lillian Miller Parkway did not even exist. It was the back end of s subdivision that started at Teasley and worked Its way to the east, in 1984, a Planned Development was first put in plate (PD-87), which on this particular aMe rolled for single- smily attached dwellings, no more than 4,3 units to the acre, which would hove allowed approximately 20 units on this 4 7 acres. In 1993, the PD woo again amended, adoptrig a detailed plan, which showed 18 sngle-family lots s on 9.4 acres, 10 of them on the 4,7 acres north of Soulhridge Drive end six of them south of Sovtfvldge Drive, The current request Is to develop what has been coined as a 'garden' uffoe development with sight individual aMe$ on the 4 7 acres. The attributes that have been attached to the plan are to limit the total square footage to 45,000 square feet; to limit any Individual building floor area to 7,600 square feet; maximum building height to one-story; setbacks of 35 feet from Lillian MAter, 15-feet on the rear, 10-feet on $ido; a minimum roof pitch to six and twelve. 11 shows 151 parking places end demonstrates 9 landscaped buffer area across the roar of the property of 15 feat. Again, as I mentioned, we will lark about consislency with our master pill and the compatibility with the surrounding land uses, The Denton Development Plan specifies four differenl criteria to evaluate consistency. One Is the lend use Itself. The Donlon Development Plan establishes what Is known as low IntenaMy areas throughout the city. O , This particular site Is In what Is known as low Intensity area 79, Low intensity ores 79 is bounded by 35E on the north, Teasley Lane on the was! and south, and Lillian Miller Parkway on the east Within this ores, 91.1% of the ay land use Is residential, approximately, plus 5% is office and plus 3% Is general retail. The nonresidential use are currently concenlralod towards the two exP.s off of 35E. I think that this clearly demonstrates that within any low 23. Ad, 3 lo 1 r v 51 -TANAM . I.r IY.JVYS•\ieu......'. r: rv. ..rrvi♦.~.n... .......ice, . ATTACHMENT 3 k Z-98-009 Zoning Conditions Recommended to Planning and Zoning Commission by Stag' I I The building line along the Highway 77 frontage and the western property line shall be fifty (50) feet. 2. A landscaped area no less than thirty (30) feet from the property line along Highway 77 and 1.35 shall be maintained. 3. No parking area shall be allowed in the landscaped area required in #2i ; 4. A landscaped buffer yard of twenty (20) feet shall be maintained along the northern and eastern boundary of the 41.804 acre zoning district, within a` which no less than one (1) canory tree and two (2) understory trees shall be maintained for every seventy-five (75) lineal feet of boundary. 5. Lighting on the property shall be designed and maintained so as not to shine on, or otherwise disturb, adjoining property or to shine and project upward to prevent the diffusion into the night sky. 6r At least fifty (50%) percent of any wall area of a building, inclusive of windows and doors, that is visible from Highway 77 or 1.35 shall be constructed of masonry materials. 7. Mechanical equipment, including satellite dishes, shall be visually screened from view from Highway 77 and I-35. 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 Highway 77 and I-35. 8. The design of any walls of a structure visible from Highway 77 or 1-35 shall include relief to wall and roof tine according to Exhibit A, Building Articulation. No single uninterrupted surface plane shall be permitted. 1 ~ I 1~/ r 1 , 1 .h VV r; 24. r 00 ~y,fi ~X N o~z x i s 1 Z•98-009 ATTACHMENT 4 ~I l ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE COMMERCIAL CONDITIONED (C[c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 11,484 ACRES OF LAND LOCATED NORTH OF HIGHWAY 77, EAST OF ITS INTERSECTION WITH 1.35; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Rancho Vista Development Company initiated a change in zoning for 11,484 acres of land from the Agricultural (A) zoning district classification and use designation to the Commercial Conditioned (C(c)) zoning district classification and use designation; and WHEREAS, on May 27, 1998, the Planning and Zoning Commission recommended approval of a change from the Agricultural (A) zoning district classification and use designation to the Commercial Conditioned (C(c)) zoning district classification and use designation; and WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Development Plan; NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: t SECTION]. That the zoning district classification and use designation of the 11,484 acres of land described in Exhibits A and B, attached hereto and incorporated by reference herein, is changed from the Agricultural (A) zoning district classification and use designation to the Commercial Conditioned (C(c)) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions: E 1. Lighting on the property shall be designed and maintained so as not to shine on, or othen,ise disturb surrounding residential property or to shine and project upward to prevent the diffusion into the night sky. SECTION 11. That the City's official zoning map is amended to show the change in zoning district classification. SECTION 11J. That any person violating any ptovision of this ordinance shall, upon conviction, be fined a sum not exceeding 52,000.00. Each day that a provision of this ordinance is tiolated shall constitute a separate and distinct offense. f • 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, i within ten (10) days of the date of its passage. I WON. Amcho Vino doe 25. ` 2 5 K 10 32 x~~ p t PASSED AND APPROVED this the `day of .1998. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: f APPROVED AS TO LEGAL FORM: p" HERBERT L. PROUTY, CITY ATTORNEY 14 BY: I C 1 h I I r , -91-000, Rancho Vi,L.doe 26. 26 14+1 '1`'11 X ;,~2 I iM. i Q 7 r i Alvww EXHIBIT A METES AND BOUNDS DESCRIPTION 11.484 Acres BFING a tract of land in Denton County, Texas, part of the S. L. Johnson Survey, Abstract No. 83, and t the Alexander White Survey, Abstract No. 1406, and being part of that certain tract described by instrument to Rancho Vista Development Company as recorded in Volume 2695, Page 465 Deed Records of Denton County, Texas (DRDCT), said tract being more particularly described by metes and bounds as follows COMMENCING at the northerly northeast comer for the intersection of Interstate Highway 35 (1.315, 300' ROW) and U.S. Highway 77 (120' ROW); THENCE North 00°19'24" West with the east right-of-way for 1.35, a distance of 606.74 feet to the a J POINT OF BEGINNING; Thence North 00°09'51" West continuing with said east right-of-way, a distance of 1061.97 feet to a point for comer; I i Thence South 88°38' IO" East, a distance of 330.10 feet to a point for comer, Thence North 00°09'51" West, a distance rf 1046.83 feet to a point for comer; Thence South 88°47'07" East, a distance of 170.03 feet to a point for comer. I Thence North 00° 19'24" East, a distance of 601.75 feet to a point for comer; Thence North 57 % 53" East, a distance of 791.38 feet to a point for comer; Thence South 01'04'21" West, a distance of 70.22 feet to a point for comer; Thence North 57°37'53" West, a distance of 991.36 feet to a point for comer; a Thence North 00°19'24" West, a distance of 561.15 feet to a point for corner; I • Thence South 88°44'07" West, a distance of 330.04 feet to the POINT OF BEGINNING and containing 1 11.484 acres. r ~ 27 r i :`s'~< I . 25 f 32X 10 1 I I EXHIBIT B MAP i k A 3 1 uasxo Mu ! ! I ~ x.»o east I i 11}V A NO YNCN I PsY.posed Zoning i I F Commerclel I I f I YwI/I bIF•I r r 111 h' I, Ill ron YNbE M'Y 1 ` ` ~ I~Y~ l KMhµTR~Yt pOIM 1 MJV I ' I 4 AND YNYN Y1 M.lk ~ wa N mYa tw \ ` ~ MS.000, RmcAw %lswdoe 28. gX1y1 2 y x ❑ 32+X I O M ~h'.i 4~~~•r., ,1 A ' 0 ATTACHMENT 5 SITE MAP A•76 Z-98-009 f ~ I 7,c~~G F2v►n f I I q 7o C f f f ~ i// ~~1 ~ii•i/AAAI~~ • ~ a„d f ' i i t Zora C ~ I A f don 4" vow we am 29. I a 1 O Agrndd t~o._.. /.'Ll _VYG_ AGENDA INFORMATION SHEET AGENDA DATE: August 4, 1998 DEPARTMENT: Planning Department DCA1: Rick Svehla, 349.7715 SUNf,,S_T -Request to Rezone (Z-98-031) Hold a public hearing aM consider approval of a request to rezone a 14.31 acre tract from i Agricultural (A), Office, conditioned (O[c]), and One-Family Dwelling (SF-10) zoning I classification and use designation to Office, conditioned (O[c]) zoning district and )and use designation and the revocation of Specific Use Permits Number 144 and 196. VA~(,C( ;ROUND The applicant has requested to change zoning on a 14.31 acre tract located west of Bonnie Brae Street, approximately 750 feet north of Willowwood Street, from multiple zoning districts, including Agricultural (A), One Family Dwelling (SF-10) and Office, conditioned (O[c]), to an Office, conditioned (O[c]) zoning district classification and use designation, with the following conditions 1. Prohibited ases. The uses described in enclosure 5 shall be prohibitek. from the zoning classification and land use designation; 2. Buffer yard. A buffer yard of not less than ten feet in width shall be maintained along the southern boundary, to include: A solid screen of not less than six (6) feet in height; Four (4) trees from the large and medium size tree list from the City's Landscape Ordinance for every one hundred (1 GO) feet of boundary; and Four (4) trees from the small size tree list from the City's Landscape Ordinance for every one hundred (100) feet of boundary. 3. Lighting. Lighting on the property shall be designed and maintained so as not to shine on, or otherwise disturb, adjoining property or to shine and project upward to prevent the ` diffusion into the night sky. The Planning and Zoning Commission staff report describes the factors to evaluate consistency O with the 1988 Denton Development Plan and compatibility with the surrounding development: a With respect to land use, density and intensity of potential development, the proposed change of zoning classification is consistent with the Denton Development Plan; and schools, both p,ivate and public, with proper site planning, are generally considered to be compatible with housing neighborhoods; ] @ With the conditions recommended by the Commission, the proposed change of zoning O classification can be compatible with surrounding development and zrAng. Not ce of the zoning request was published in the Denton Record•Chronicle on June 28, 1998 and on July 19, 1998. Nine (9) property owrers were notified of the request on June 26, 1998. T'hcre have been no written responses. Phone calls from two neighbors described concerns about lighting and parking during football games. 1. 32 Ix i~' d 1 ~ 1 15.1 •1 ~^'uYry 41 y 1 A 1 1 J 1 1 t I ~ '1 1 1' , t ~ 11 31J t • ' i Y 1.1 'r , 1 YL O AWARI" 1., i PRIOR ACTION ! REVIEW (Council Boards Commissions) The Planning and Zoning Commission recommended approval (7.0) of the request to rezone at its meeting on July 8, 1998. EM.~It1LYFORbiAT1ON i 'Y' None. ' ATTACHMENTS 1. Planning and Zoning Commission Staff Report, Z-98-031. 2. Planning and Zoning Commission minutes of July 8, 1998, meeting. 3. Draft ordinance. r Respectfully aubmitt ;Id Hill I~ Director of Planning and Development Prepared by: ` Y)Vc~ /Ilzlc~r- Mark Donaldson Assistant Director, Planning and Development ti IA l 1 l fro y 1 r F. nod .r. F'j iv nil F~ > 32 X 10 r ~ _ o I 0 4 ATTACHMENT 1 1 PLANNING AND ZONING COMMISSION STAFF REPORT Sub a Liberty Christian School Case Number: Z-98-031 Request to Rezone, Revoke SUP Staff: Mark Donaldson Agenda Date: July 8, 1898 [PURPOSE Hold a public hearing and consider making a recommendation to City Council concerning a request to rezone a 14.31 acre tract from Agricultural (A), Office, conditioned (0(c]), and One-Family Dwelling (SF-10) zoning classification and use designation to Office, conditioned (O(c]) zoning district and land use designation and the revoking of Specific Use Permits Number 194 and 198. Expansion of Liberty Christian r School Is proposed. s~ SITE • T ' 1 1 i - LOCATION MAP 3. ,te x 0 32>10 s I l I GENERAL INFORMATION Applicant: Greg Edwards Engineering Services, Inc. 1 300 N. Carroll Boulevard, Suite D Denton, TX 76204 Owner: Liberty Christian School 1500 S. Bonnie Brae Denton, TX 76201 Location: The property is located west of Bonnie Brae Street, approximately 750 feet north of Willowwood Street in southwest Denton, Size: 14.31 acres. PROCESS This request to rezone 14.31 acres of property owned by Liberty Christian School will consolidate into a single zoning district all the land in tho vicinity owned by school, There are currently four different zoning districts and two specific use permits. The Commission is also asked to revoke the two existing specific use permits associated with the property because the uses permitted through the specific use permits are also permitted through the new zoning. Concurrently, the school Is replatting all of their 14.31 acres into a sinete lot. Thare are currently six distincl parcels. The platting process will control the number and location of access driveways to the property, as well as assuring appropriate easements, dedications, and public Improvements. i [COMPREHENSIVE PLAN ANALYSIS A Consistent with he Denton Development Plan. The property is located within a'Low Intensity Area" as established In the 1988 Denton Development Plan. The primary purpose of the City's low Intensity areas is for housing; however, other uses are allowed. Schools, both private end public, are generally considered to be compatible with housing neighborhoods. For example, in the City's zoning code, public schools are allowed as a permitted land use In single family residential zoning classifications; however, private schools require a specific use permit Compatibility with the existing adjacent land uses. The applicant has proposed a number of d' prohibited uses from the standard Office Toning Classification. See enclosure 5. The uses proposed as prohibited leave as permitted those uses that should be compatible with existing adjacent land uses. . 4. ii Le 32X a~ r + pr, i ,r ^C O sr } / l { n I l- The new landscape ordinance requires a buffer yard between non-residential and residential land t uses. Staff recommends the establishment of a buffer yard as a condition of the zoning. In addition, staff recommends what has be0ome a standard condition relating to lighting of the property. Access to the property via driveways Is another tissue related to expansion of the school facilities that may take place as a result of this rezoning request. Three existing driveways will be j eliminated through the pl-fling process. w' I , r,: I ~ M1 r 1 l.. fa II 1 . I L' 5 F. f. r P 7, 4?yf 0 q, { r r'r4 t"~ ~t 1" ro ySxI~ rru..: 2 x ia. 0 SPECIAL INFORMATION 1. Transportation A. Trip generation. Elementary and secondary schools typically generate 1.0 to 2.0 trips per f day per student. Expansion or the school facilities could result In additional students and ' increase trips In the area. I B. Access. Access is from Bonnie Brae Street, an arterial street. Three existing driveways will I be eliminated. C. Level of Service. Average dally traffic of 1,413 vehicles was observed In 1997 on Bonnie Brae, just north of Willowwood. An arterial road Is expected to handle many times this amount of traffic D. Pedestrian Linkages. As a result of platting, the school will construct sidewalks alo,ig the entire frontage of their property. This will enhance pedestrian linkages in the area. 2. Utilities The property Is served by municipal electric, an 8" water line In Bonnie Brae, and a 16" sanitary sewer line In Bonnie Brae, 4 3. Drainage and Topography There Is substantial floodplaln area along the western and northwestern boundaries of the prorerty. This will be dedicated to the City as a drainage easement 4. Signs The school is required to meet the slgn requirements of the City. I 5. Off Street Parking I The school is required to satisfy the off-street parking requirements of the City. -IN 6. Landscaping • The school is required to satisfy the landscaping requirements of the City, A buffer yard adjacent to the southern boundary is recommended. 7. Lighting j All new development should be sensitive to off-sito lighting Issues. A condition of the zoning with regard to new lighting Is recommended. • • • 8. Chronology January, 1969. The subject property was placed in the Agricultural (A) zoning classification and land use designation by Ordinance 69-01 which adopted the first zoning ordinance and map for the City of Denton. 6. 32 X f 1 L irAm i i November, 1987, A specific use permit (SUP-194) to allowa private schocl, swim dub and day care center on 8.8 acres of the property was approved with Ordinance 87-192, April, 1988. A specific use permit (SUP-196) to allow a private school on the northern 4.33 , acres of the property (Jane Marshall School) was approved with Ordinance 88-071. j June, 1995. 6.630 acres of the property was rezoned from Agricultural (A) to Office, conditioned (O(c)20) zoning classification and land use designation with Ordinance 95.115, The only condition was a list of prohibited uses (the same as enclosure 6). The subject property Is In the platting process to replat the property as a single, consoiidated lot. PUBLIC NOTICE Notice of the zoning request was published In the Denton Record-Chronicle on June 28, 1998, Nine (9) property owners were notified of the request on June 26, 1998. As of this writing, there have been no responses. RECOMMENDATION Staff recommends approval of Z-98-031 with the following conditions: 1. Prohlb1ted uses, The uses described in enclosure 6 shall be prohibited from the zoning classification and land use designation; 2. BuPer yard. A buffer yard of not less than ten feet In width shall be maintalned along the sou; fern boundary, to Include; • A solid screen of not less than six (6) feel; • Four (4) trees from the large and medium size tree list from the City's Landscape Ordinance for every one hundred (100) feet of boundary; and Four (4) trees from the small size tree list from the City's Landscape Ordinanor, for every one hundred (100) feet of boundary. 1 3. Lighting. Lighting on the property shall be designed and maintained goes not to shine on, r + or otherwise disturb, adjoining property or to shine and project upward to prevent the diffusion Into the night sky. i MOTION t i move to recommend approval of Z-98.031 with the conditions recommended by staff, • • E r` u k ~ ~ I 7. j , 32X10 1d r 0 Y , r o ALTERNATIVES s r r r 1. Recommend approval ea submitted. 2. Recommend approval with conditions. 3• Recommend denial, r 4. Postpone consideration. b. Table item. I ENCLOSURES 1. Vicinity Map, E 2. Zoning Map. [ 3• Utility Map. C 4. 200' Property Owner Notification Map. 6. Prohibited Uses. ,I. I 1 I I. F, Y lk~ d r 4'j 1 0 32X 6 o ENCLOSURE 1 i NORTH SITE Paiet t God Course 4 i VICINTIY MAP 0 SURROUNDING ZONING AND LAND USES LOCATION ZONING LAND USE North: Agriculture (A) Undeveloped South: Apr!cullure (A) Single Family Residential East: Multi-Family (MF•2) Eagle Point Golf Course ! 0 • F Wesl Agriculture (A) Railroad and Interstate 35W Corridor Date: 7/8198 Scale: None 9. { r a ?5 x 32XOEJI A ' 9C 1, , 'r I~+ IN N A. r June" it 0 1 q hr r _i: t/cR~•''1Yf W. _ _e.M,NO ♦..rv. ua•e.n s•rwr.•[._ ..r.. ~ I i ENCLOSURE 2 NORTH . i r . e UNT GOLF COURSE U'.. 0 ~.WdL 1 ,r r r.A~~rp r~ + } rrr~r rr rrrM rrr $ 13,'1" . a_ f V ~4?~ 0 1 ' • y1011~7 ~ U rrrrr wrr rr rrr rrrrr ~ ~ r L.l ~'1<,1 r ~rr r r ~ 1' to Hhl r~lYlriliili~3/ ~rr r 1 7 , U rrrrrr + rrrrr rrrrr I ~ 1 f WILLOV .rrrrr rfr •'i i. • 1:~ yR101YC1) I 14111 Y ' I ZONING MAP A i , IL Dale: 1/8!08 Scab: None £ 1 4s: ~ y Xis " 410 3 r 1 i 0 { ENCLOSURE 3 , 1 NORTH 8" Water Line I'r a 15" Sewer Line e j r € I s UTILITY MAP 1• i~ j I 1 I i EEE ~M s 1 L j Date: 7!8!1)8 scale; None 26 ,x 32x10 o ENCLOSURE 4 Aj* f NORTH ~ r Q a I~rn-~.t~ 4 200' PROPERTY OWNER NOTIFICATION MAP Tom Muse Robert Jones at of M.B. Holland ,I • 1516 Bonnle Brea 1824 Bonnie Brae 11616 Bonnie Brae i Rayzcr Inv. Ltd. Thomas Mails Lawrence Frank I 1204 W. University 1610 Bonnie Brea 1612 Bonnie Brea f University of North Texas Zeke Martin et a1 Liberty Educational Ministries E • PO Box 13763 1712 Bonnie Brea 1500 Bonnie Brea j • • t s Dale; 718198 Scale: None 12. t ~r. a r,t•. a .f . 1 ENCLOSURE 5 Prohibited Uses Z-98-031 i Community Unh Developowt tJoraHory, Boarding or Rootnlag Nov" 'Hotel or Motel Art Gallery or Museum Community Center (Pnblic) Nalhrsy House ,Hospital (General AtWe Care) i Hosphal (Chronlo Can) Publin Library f. Nursh ag Home or Residence Home for Aged Schobf,' Busleess oe Trade J Community Center (Private) l Off Street Remote Parking Bewye Pumping SlaNoe Telephone. Business Office Swim or Tenels Club Offices, Professional and Administrative Studio for PhWalraphor, Musician. Artist or He" Animal clinic or Hospital (No outside rues or pens) rarm or Ranch Cemetery or MausoleNo Fraternity, Sorority, lodge or Chk Club 1 Home for Care of Alcoholic, Narcotic or Psychiatric Patkafs 1 Pubtic Building, Shop, Yard of Local, State, or FeNral Goverea nt Redly and/or Television Microwave Tower j Waver Treatment Plant Alrp,rn Laeding Fleld or Heliport Cnmmerdal Patlnin/ Lot or Strectun Cafeteria Mort"" or rueerd Parlor ~ P Bestagrard Sdraadl& or Research laboratories f I f, 1 'l._ 13. ! s 32 x You k, -..A~a 'L 2 .5 x IC1. o awzmna+ 0 raxw.e Planning and Zoning Commission Minutes ATTACHMENT J ~~ry e,199e Page 2 of 7 erry Clartt presenbJ the ttaM npoR. Mr. Cla Baslalty this h an enpineerlnp des fin issue. Vw have street grades that are coming in and two side curves at~a(t fsnps and W llowkk and a curbing al Sen Felipe, and they are both sap wives, T just ripht-a little portion of the curve w lt be Nss than our minimum ol 3.3. It has to do wNh slopping s distance, and N's minor enough; fhQ sine lt's on a sap verve, ws do not feel that pub! c heekh, eslsly and w9Men h In danger to the point when k vrould make M worthwhile to knock dawn a e fin fCAn1 number W Ireee q► do major re-grading and excavalldn on She sale. This dsspn allows them to keep the Ireee an6 the general corAoun ol the lond-the sNe- lo be developed basically as it is, which preserves the nolunl features of N as R *'It's a minor adjustment for us It doesn't Impact Ou public health, safety, and weltars, and R preserves the tree) end the general environment We would recommend approval. Commissioner Scher!:: Thank you. Are there any questions? Yea, W. Mr. Engelbrecht Two questions Would you explain what a sag curve is Mr, Clark: A sap is v hen both curves trims to the bottom, A crest tune Is when they both come to the top. Mr Engelbrecht: Second-are you going to put same stop signs in then? At best one (inaudible) for one direction? Mr. Clarke Thh one will have a stop sign at WHIowick Were nW sure whch way we would stop this one sine neither of those are ootlir fors. Probably Son Felipe would be stopped there. Mr Engelbracht. Okay) but you do plan to put something Mc Clark: Yee. ~ Mr. Engelbracht. Okay Thar.6 Commissioner Schertr ,Tfiank you If there'll not any discussion. I'll entertain a motion W this time, please. Me Apple, I move approve that a variance to Section 34.114(9)(d) of tie Code of Ordinances be granted lot SununN Oaks n as proposed by the applicant based on physical hardship al the spptkal'on meets an five varhned crllerl Ms Gone Second Can sonar Schartr: Thank you. A motion has been made and seconded. Any discussion? Seein one-all In f or, please signify by raising your right hand. Motion art" unanimously, p - 0) eSfBIIC}IEARIffOe~2 111)~O CHANO~ i 11. Mold a public hearing and consider making a recommendation to City Council concerning a request to resort a 14.11-acre tract from Agricultural (A), Office conditioned (O(c1), and One-Family Dwelling (IF. ' 10) soning clase!flcallon and use designation to Office conditioned (0(cjI toning district sM land use ) designation and the revoking of Specific Use Permits Number 114 and 191. The properly Is located west of Donnie Brae !!reel, approximately 710 fat north of WNlowwood Strsol In southwest Denton. Expansion of Liberty Christian School Is proposed, (2.11-031, Liberty Christian Bch", Mark Donaldson) Commissioner Set,". Item 011-1 vein open the public hearing Hold a public hearing and consider making a ~ reoommendnlon to City Council ooncening a request to (ozone a 1431-acre tract from Agricultural, Office conditioned, and One-Family Dwelling (SF-10) roving classill"lion and use do4nalion to Office corldrtionod zoning district and land use designation and revoking of Specific Use Permis Number 194 and 198 The property Is located west of Bonnie Brae Streel, opproxinritely 150 feet north of Wllowwood Street in south-ti,at Denton. 1 J Expansion of Liberty Christian School is proposed We are cleaning house --cleaning N up 14, r:- .n ma Misdeal 32 x 1 1 II` l 1 f Planning end Zoning Commission Minutes July 6, Intl Pape 3 of 7 Mr. Mark Donaldson presented the staff report. Mr Donaldson: Very well read Again, an effort to consolidate the holdings into a single lot and now Into a single :oning district. It's kind of Interesting to follow the evolution of the zoning on these parcels. With the enacting of the original zoning code In the city, they were designated as an agricultural zone dhtricl and as such required a sWft use permit to operate a private school , In November of 1967, a specific use perms was approved for 6.6• acres of the property for a private school, swim club, and day care center, In April of 1066, an additional specific use permit to allow a private school on the northern a+ acres, known as the Jane Marshall School, was approved. Than Ihay finally wised up and decided that 'We don't have to do these spx.Ik use permits M we zone everything office.' Prlvats schools are 4.1 permitted use In office zoning So. In 1095, 6,63 of the acres was rezoned from Ag to office conditioned-the only condition being a list of prohibited uses that's included in your backup and has been suggested as the some prohibited uses in this new zoning reryu:t, Public notice was provided to nine property owners, and we recelved no written responses I did told to two folks on the phone who expressed some Issues- some related to zoning, some W. Football crowds Is on obvious Issue that the neighborhood deals with-parking for foof util games and that sort of thing. Mother issue Identified by a neighbor was the use of Bonnie Brae by the cross-country and track teams rimming on the reads and whether they were at increased risk with more development and a larger school. But I think the primary one was lighting, end we've Included what's betwme our standard lighting condition for all toning on Ot list of conditions-that 'lighting on the property shall be designed and maintained to as not to shine on or otherwise disturb adjoining property or to shine and project upward to prevent the diffusion Into the night sky.' t don't know that we can apply that to exlsQng development, but we certainly can to any new development and would only request that the school work with somebody to try to minimize the diffusion of light onto the neighbors from the existing uses, There seems to be one particular light on• alto that bothers several folks. We've also added the condition for a buffer yard consistent with our landscape ordinance to buffer non-residential from residential uses Wive specBod a solid screen of not less than six feet, four trees from the large of medium-sized tree list for every 100 loot of boundary, and lour trees from the small- sized tree list for every 100 Not of boundary, and a minimum size of 10 fast for that required buffer yard, Then the p prohibited uses that were added to your backup (Enclosure 5)-what that does Is reduce the list of permitted uses for offices to restricted one-family dwellings, church and school oriented uses, perk oriented uses and kind of aces{Wry use"of 5nes electric IranamIsSlon hnes-those sorts of things That's essentially 6. Accessory uses should leave home occupations out. You could probably cross that one out, too. Commissioner Schanz, Are there tiny questions? Commissioner Powell? Mr Powell, Yes but I would be of the developer-of the applicant I'm sorry, Commissioner Schertz! Thank you Mr Engefbrechl I have one question because of something someone asked me, and I'd "t Ike for lt to be on public record, What Is the property knmedlalely across this Bonnie Brae-across the street to the east? Mr, Donaldson: The polfcouru, ° Mr Engeibrecht Okay. The UNT pollcourse Mr Donaldson Yes Mr Engelbrechl I just wanted to have that for the record Thank you. Comrnluloner Scharti. At this time, I'd ask the petitioner d they have anything to say. Mr Galley Madam Chairman, Commission Members, both ladies and gentlemen It's a Isle hour, and we Appreciate your time, My name h Con oailay. I frve at 3300 Shadow Trail In Donlon, and I serve as the business manager at Liberty Christian 3ehool, and I'll be glad to answer any questbrts. We are doing our best to be good neighbors. This consolidation and rezoning does mean that an of cur-we've now got a consistent southern bounda(y-before, we were conlliding with two homeowners. We've now bought them, and that's pit of the rezoning, 0 you will-the Jane Marshall School on the north side, similarly, And so I'll be glad to answer any questions Thank you, Mr Powell. I have one. Oo @head i 15. •nmar, Planning and Zoning Commieslerh Minutes I July 8, 1998 Page, of 7 I Mr. Moreno: Excuse me. Have you seen the conditions as proposed by Staff? Mr. Geiiey: Yes, sit. We're swan. Mr, Moreno: Are thole okay with you? Mr, Galley: Yes, sir. Will make all those work for us, Mr. Moreno: Okay Mr. Galley: We've done-simllary, In me past, we had some landscaping nquitemenle, and we've finally got that finished with our new gym we constructed-so, yes Commissioner Schodt: Thank you. Commissioner Engelbrsoht? Mr. Engelbrecht: Two--one h-flrst a question-whit Is your current enrollment, particularly M the Junior/wior high level? r Mr, Galley. Okay. Mr. Engelbrecht: I'm trying to get a sense of how many students we're talking about here, now and.... Mr Dailey. Anticipating that. I wrote doom-this next year, we will have a total 732 kid"re-school (three year olds) through 12. In bree" that W. 10 of those *IM be three and four year old pre-school, leaving 882 K through 12. 1 believe senior 9 through 12 group Is approxlnatey 220 and the 71 and 8" grade group is about 80- approximatey. Mr. Engelbrem Okay; thank you And the other gueston-Mr. Donaldson made menhon of the fact that someone had some concem about s light, I wondered d he addressed to you-find he talked to you about that. Mr. Galley. You know H that was one on our new gym perhaps? Mr. Donaldson: He dovilbed M at a second story right at the top of the stain , Mr Galley: Okay. AM right. Mr. Donaldson' So, I suspect that.., Mr. Galley. I think that probably is a light that's on our new gym, which would be on the teat skis of that facMMy. We've had discusslons with the-I'm sure k's the homeowner )ust to our tooth-someday, maybe 0 we had the money to acqulre his property, and we've tried to cooperate and work with him. I'll get with him and find out exactly what light is bothering him, We could, I'm sure, cut that light 0 We've tried to light up that area for security reasons .x Mr. Engelbrecht: I understand, ar put a Shade on K. I've lived with one of those for a number of yore, and I hove an opportunity hen to stop somebody Otte from living with one . Mr. Geliey: Yes Sir. i Mr Engelbrecht; ..,and I'm going to take Me opportunity. Mr. Galley: Okay. °M Mr Engelbrecht: I don't-that's all Thank you 1 Mr.Galley! Okay. Y w Mr. Engelbrecht: And I appreciate you're wnnling to do that, [i rMy Mc Galley; Yes, Sir 16. '~25❑ 32x~d 0 looms, O almo 7 Planning and Zoning Commission Minutes July a. 1996 Page S of 7 Commissioner Schertt: Commi isomer Powell? Mr, Powell: Yea. You were addressed with the situation of the conditions, but I'm more worried about the prohibited uses. Have you even the Flat of prohibited uses? Mr, Galley: Yea. Mr. Powell: MO era you In tune with N7 Mr. Galley: Yea, sir. i' Mc Powell: Okay. One thing--what bothers me on k-o lot of then js bother me--but what stands out Is prohibited use of school-business or trade. Now, someday you may went to have am* trade school there-I donl know about business school--Dul, you know, a shop or something' and according to this, you canl do It Mr. Ganty: Thafs owed. Our primary focus.. Mr. Powell: That doesn'S make any esnss, Mr. Galley: at least ulUmatey-of course, we've dove" a very good three- and lour-yearalo pro-school program which funnets right into our kindergarten and these kits are then aafmated, N you will, as to whet we do at Liberty. That follows up through, and we have many kids that stay for the whole time--K through 17. Our ultimate purpose Is a college preparelory degree We've made the decision not to get involved In trade schools or that kind of activity. So, that pfohlbNed use Is not bothersome to us. Actually, there were two prohitAod uses In IM previous office coed el toning that we had approved by INS body and the City Council And then were two of those that Just misted an of us, t think, and lent themselves lo, $ you will, some Interpretation of some of the things we were doing. So, this new list ellminatea those two to have any question, for example, about kindergarten I think there was some reference to kindergarten kids and, of course, we do have a very large klndergarten group. Thera was also a reference to like a ached or something end N mentioned private school We are csftalny a private adroit. So, we an We with this redone group of prohlbied uses Mr. Powell: I'm going logo furV*r and say I'm not Interested in what you an live with. Mr. Galley: Yet, elf. Mr. Powell: Has the City pone loo forhen? Has staff pone too far with some of these prohibited uses? Mr. Donaldson: I would just say that this list was Submitted to us by the oppllants Mr. Powell: In [hat ease, I'M hush and we'll get on with N. Mr. Galley: We're okay, We're In good shape. Commissioner Schertr. Any other questions? Thank you. Anyone alas to speak in fever? Anyone to speak In opposition? Seeing none, 1 will close the public beeping and ask staff for any final remarks Mr. Donaldson: I'd just comment that prohibiting a business or trade school would not necessariy prohiM business or trade classes wlhln a larger context of this private school so Thal,... Mr. Powell: Thank you, That helps me cons4al Mr. Donaldson: Staff recommends approval of the neoning request finding tt . R's consistent with the Denton Plan , as for as Intensity of uss, and with the ouggos od !hree eondibrns, It oma compalkle with the adjacemt . devrlopmant 0 ' Commissioner Scharf: Thank you, Mr. Powell, Modem Chair, j Commissioner Scherlt Yet, sir. i 17. i t 2.5 K10 32XID _R;- i" r r.a c sa~sss t, 5% , O r" I{ r Y. 4 I 3. Y p 1 q . i .Skllft` JG~r ikvw. _,P. , , ~ r' '~1.~y.+. ..+,..i+nm vrr.... .r-a.....~. . ..r..r......+.,...-.... t.w.,.. r - i Planning and Zoning Commisdoa Minutes July d, Im Page b of 7 Mr. Powell: I would mow to recommend approval of Z-H-031 with the conditions and prohibited uses recommended by staff. Commissioner Schatz: Thank you. Ms.Oanzec Sooond. 4 Commissioner Schanz: Thank you, A motion has been made and seconded. Any discussion? Seeing none--aA In favor, please slgnlfy by raising your right hand, Motion cerrled unanimously. Thank you for your too this evening. (I - 0) "r r ; I r r:. li Yom.` l 1 1 r Y _5Yl0 32x1a )r , • 0 fZ•98-031 ATTACHMENT 3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE AGRICULTURAL (A), OFFICE, CONDITIONED (O[C]), AND ONE FAMILY DWELLING (SF-10) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE OFFICE CONDITIONED (O[C)) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 14.31 ACRES OF LAND LOCATED ON THE WEST SIDE OF BONNIE BRAE STREET, APPROXIMATELY 750 FEET NORTH OF WILLOWWOOD STREET; PROVIDING FOR THE REVOKATION OF SPECIFIC USE PERMITS NUMBER ONE HUNDRED NINETY-FOUR (194) AND ONE HUNDRED NINETY-SIX (196); PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. i WHEREAS, the Liberty Christian School initiated a change in zoning for 14.31 acres of land j from the Agricultural (A), Office Conditioned (0[c]), and One Family Dwelling (SF-10) zoning district classification and use designation to the Office Conditioned, (O[e)) zoning district classification and use designation; and WHEREAS, on July 8, 1998, the Planning And Zoning Commission recommended approval of a change from the Agricultural (A), Office Conditioned (O[c]), and One Family Dwelling (SF-10) zoning district classification and use designation to the Office Conditioned, (0(c)) zoning district classification and use designation and revocation of Specific Use Permits Number One Hundred Nitety-Four (194) and One Hundred Ninety-Six (196); and WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Development Plan; NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1, That the zoning district classification and use designation of the 14,31 acres of land described in Exhibits A and B, attached hereto and Incorporated by reference herein, Is changed from the Agricultural (A), Office Conditioned (O[c)), and One Family Dwelling (SF-101 zoning district classification and use designation to the Office Conditioned, (O(c)) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions, • 1, Prohibited resea. The uses described in enclosure S shall be prohibited from the zoning classification and land use designation; 2. Bufferyard. A t,uffcr yard of not less than ten feet In width shall be maintained along the southern boundary, to include: J ■ A solid screen of not less than six (6) feet; 1 ■ Four (4) trees from the large and medium size tree list from the City's Landscape • Ordinance for n ery one hundred (100) feet of boundary; and 0 • S ■ Four (4) trees from the small size tree list kom the City's Landscape Ordinance for 1iYp every one hundred (100) feet of boundary, l I C,,My bmmemis, urdinmc rs'L411 at l,duc 14. i YFZA^. 25 I 32X ' i J T:' I 0 1 . 1 _ a . Y ski K~ 1 °y .Ard,hX7A0fa wLwtn.ia::w.wn...w., t. •..r...-;.Mr.,..,-u~.erv...as....,.,...+:_L.ti.........,..... .._.w ..:ww.o......n.. ~ E.. - 3, Ltghfing. Lighting on the property shall be designed and maintained so as not to shine on, or otherwise disturb, adjoining property or to shine and projm upward to prevent the diffusion Into the night sky. SECTION II, That Specific Use Permits number One Hundred Ninety-Four (194) and One t Hundred Ninety- Six (196) be revoked. SECTION 1I1. That the City's official zoning map is amended to show the change in zoning district classification and revocation of Specific Use Permits number One Hundred Ninety-Four (194) and One Hundred Ninety-Six (196). SECTION IV, That any person violating any provision of this ordinance shall, upon conviction, be fined it sum not exceeding S2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION V, That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published r twice In the Denton Record- Chronicle, a daily newspaper published in the City of Denton, Texas, ✓ within ten (10) days of the date of its passage. ' PASSED AND APPROVED this the day of 1998 JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM, ; HERBERT L. PROUTY, CITY ATTORNEY p 'c ,o s BY: I n v i 1 M. II V J^.1 7h i C:Urr bx,,mmhWrdlnrneulS-M-PSI,dx a Y,. 20, to ax.,xa3J 25,J0 VG/rI`. 3. e ~ r Ter f , ~ t. ~ .S r ~ I r I p ~ y t l , ~ y' I' ~ °.1 t j ~ 1 %worm r r , r ' } 9 J,V ..•i .rrW r~~L•!1^~M~W,hw~irZn ♦y '~t~ NM rr.,w r. rel. ter. ..~.~.~v..♦r ~...r r.~,~..a r ~ I~ ' EXHIBIT A FIELD NOTES WHEREIN, L laity CMeOm Scheel is IM owners at at thal Canso Need of land sluoted in Me O. S. erM7iM luMty, AbHred No. 66 ant tM 1. ~ r r Pucharsitl $wuy, Ali Wad 0 991 Cary of Denim, anion County, Teea$ and loin/ all of Ubo:y CMtpee Sdk of Addliol Addl ides n dte"at + Denim. Denim Courdy Taus so forded in eebnet h6 Pape 2T er Ind Mel Recerdl of anion Carry. Teems, of of Jae MenhN SChod r Addition In Addilbn n 114 C*j or Doman, DMIm Cany♦ Toeae to reoordel in Cabinet 0, Pep. 311 of IM Mat Records of amen eeunly Tnn ' and all of d catlM 0 SS2 some "d of 4M MsvMd 1n the Doti to L6441 ldwocnd Ministries Yb. recorded in Clek's IN d 19•R004443. of to ' Real Prepay Records at anion Count', Texas, as recognised and oeeuySo m Ind Sound ft PA" Viet "own NniOAeriT described so i (daowa: eloIhunNaK/ K u am rod eel sell comer N wee1 ppN Nt Oedluled WAS N BonnIt brae of Inc Nonhesel Canty of I mid Jane MmMN Nd,od Addnbn; THENCE 9eulh 00 Degree1 55 MmAt 19 Secerlde East wlth 94 Well dedicaled Inc of So el;s errs a distance of ISO It fool to a 11' Iron rod found IV ew * at IAN SoNMSof comer of Sold Jme Al Sdwd Addition and being N the Nato INN of fold I"Chrisi m khoof Addhbn; THENCE North 11 Dogirool 13 MNNts Ot Secandl lest a dstance 1000 lest to a capped lim rod found for coma at me NmNesl coma of said I"CMaOen kftd Adddm In 1M Well If eedicalod Me or Senhie SrN; THENCE South 00 Degrees 40 Mmmos 11 SoCalds East Will "West dedicated Me of eonnto Mao end Nt East IM of led IJbany CMHIan So"Addilim d falena of 965 U faN bo M' appod lren rod sit fa comer N 9+e Nom Me of lob 0 611 M lrsd; THENCE North 09 apne124 Wimmes 36 Seconds Ea it a 6 6tence 3911 Feel 10 a N of Mat SM anlenMie of ee160"Na Sae; p cor!+ael9H rieMelel CmnarerSob 0132 men lad THENCE $eed 00 Degree 4S MinNU 31lacands Ent along or note sold toMtrfn4 1 distance 125.11 feel N 10*1 For comer of the Sardheest ` r•~ I'~ comer alwid 0.13 2 men Neee1;• r. THENCE Sorts V DegreeI I I Mmuree at SocandI West a d,slana 40 23 lost le a x' upped Von red found to comer N ft West dedicatod erne OF Sennla sees; THENCE Scutt 00 cep roe 40 MNMIee 1 t Srunds fast Will Ne well dodcalod Me of emN1 One a dttenes of 11414 fell to 6 capped Neon rod l"md foe coma at 04 Col lnpsl h+T.If of Lbeely Chneum School Addual; THENCE NoM H Depot 41 Mlnufrt SS /eunda West a /uWwe of 111,44 rest to a W capper Neon red fount ter Bomar, THENCE North 00 Degrst 16 M"ol 06 Seconds We it a 0,stenu of 1,15 feel to e Non M1 levee comer pest fa comer. THENCE South 49 aQreel ee Mows131 Seconds West a dotanet of 304 74 fell to a x' upped Von nod four! For coma at the Sewhwa it Coma of said LIOMy Choslim Schell Add,non N the Eu1 e2hl•o4way INS AT 6 S.A. Aaiload; _ THENCE North IS agree 12 ►Mules 54 NouMt West wtn ee,d ngM•of•wly Me a d-aimca of IN at feet N 1 W capped won red lim nd For comer, THENCE Nenh 13 agree CO Mmutee 50 Seconds Wit writ u,0 pht•sl•weT lne a dm1mce,130166 feel tea W upQod Von rod feuM to c ornor H the Northwest Comer of tt,If 1.6" Chdsllan School Adddwn SAO IM Southw all Comer N 114 Jane Marshall SCA001 Addlbn, THtNC1 1 0 Drill a Eu 1 Del of 1a1MMa,ig $4 $a ll H I Well IS}yj ,d hOM e1•w10 Me s /,Hence x1106 PC Feel IS d ca"Iff menwnml fount for THEN„) North 20 agrees ll f rielet 11 Soeande E/tt wit, me EC1i ngM•ef.way sera 01 Malls;; HgRwey 031•W 1 6111nG 0111 IS feel Is 1 ' h' Von red found ter CaMr el Ine Nonhwnl coma et end Jane Manton INcarAOdd,m • r t THE so NU Fell h Nagree 12J,rM Aee erg Slcmdt fell a d,ltenee d 10114 feel fe the POINT OR JlF6 NhdNO and tndoHp 1131 sons of fend more a f~ at':r z i J 1• 1r' I, i C'. My Docummtilddlnone"1111 eJ 1 Aoo 21. 25 x Q 32 x O Olt lid .r I r' ' 1 p i i~w r r: r r~ i e I r ''1 d~ e 1Rl111111 g~, • 0 ,j. N A~~ .w'.4R1i0m1 M.&'~i ~r.•-~.p ~~•r..., n nt, +new uw r+n u~~a.~. .rr ~ n...n. ~ . EXHIB r B MAP FIFTH TRACT NOR 41110L. O RO TOt D.R, t *I 775, I' / I 9 Val 40 NW1!'/0' 107,31• ■1/c.r r IYltlt IYt 1 1 toot U5'41♦r..yl`~~Yl~rwrq~ionl la 1 f YON ZO E A / YI riw11%16~M1.ft 1~11~ '~j ~~i111.1Y 1 3 1, ~I.I1C111T CDUCATIONAL I y 1 { MMiIT RIC I INC. / Cf 1I4-111004664 r=tr O~ e k JANd WAIN ALL I 1 J1r.10 t•1llje t InNG,%A1 {t~'1. ( r 1Q t ' Yl YY1 r 1/YYA1 ~ N TT I`` ~iY to 'If el I ~N 11'N'01'1 1 ✓ I ~ t+uw Ilr/e l1 •Yerererl lolor ...r..r...i I Ir~6;LFgj i,mA- l 1 IYL j .1+ j0ertt I .O' 1 01 I It l t64 WICAP yr fr p} ZOE g~AA00 ' 1114✓1.1► t/tYn cran.Y 1 rle. 1 it ulwti~. 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L"r z5x10 ^32 u menu" 0 AGENDA INFORMATION SHEET Agenda No Agenda item Us-_ - AGENDA DATE: August 4, 1998 DEPARTMENT: Planning Department DCM: Rick Svehla, 349-7715 SUBJECT - Rancho Vista Annexation (A-76) Consider adopting an ordinance annexing a 30.32 acre tract located north of Highway 77, cast of its intersection with 1.35, establishing Commercial, conditioned, (C[c]) zoning district classification and use designation on the annexed land; and providing an effective date. (Planning and Zoning Commission recommends approval of the annexation and Commercial Conditioned (C[cj) zoning district classification and use designation.) r BACK ROUN 'The Rancho Vista Development Company proposes to develop its site at the northeast corner of the intersection of Highway 77 and 1.35 in northwest Denton to accommodate commercial development consistent with an approved General Development Plan, Within the city and adjacent to the proposed annexation, the applicant owns 20.060 acres within a Commercial (C) zoning district and 11,484 acres within an Agricultural (A) zoning district T'he requested action will annex 30.32 acres of land into the City and establish a commercial zoning classification and land use designation on all 61.864 acres of land under common ownership, -~`---Rancho Vita Annexation (A-76) and Rezoning (Z-98.009) TU Parcef Current Status~J Requested Status Ohs Tn the City. 7.one C n the Ctry ed C 11.484 Acres n e City. Zone A FiFt- C ly" Zonea-C c -30,32YNC-ree Tn tTia ~~on ni g n the City. Zoned C[c) TOTAL 61.864 acres Tn e-t: City. Zoned C C(c) • 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 a+ water, wart.-water, streets and electric service and such service capacities as police, fire, recreation, and general government are 0 t adequate to provide service to the proposed annexation. Second reading of the ordinance concludes Ponnal annexation procedures. A four-fiRhs majority vote Is required for approval. 1 ' ~y x, ~ 32XI❑ i e , 4 4 Tfi C t 1 1 r~r• K a t/ '4 .:.r:l ilYFL4Y1R,Y1-Mriw..w:. 1 ..s....:3a wwarw...x.... r.w...+w,..w.~aa+~•.v..agww..rww~r..•w..•.•. ~ er °r' The Planning and Zoning Commission recommended only a single condition with the requested zoning: the standard lighting condition. Staff recommended a series of conditions that reflected the conditions placed upon a similar rezoning request earlier in the year (the Baruch property, Z- 98.006) and anticipated some of the details of the proposed corridor overlay zone district ordinance. P tit Z eliminated all but the lighting condition, assuming tie approved corridor overlay district standards should control over any specific zoning conditions done at this time. The Commission also assumed that the corridor ordinance would be considered prior to any potential development of the property. City Council has the opportunity to (1) consider the P and Z recommendation u is, (2) reinstate i some or all of the conditions u recommended by staff, or (3) reinstate the staff-recommended conditions and add a condition that the provisions of the corridor ordinance or the conditions of the zoning will prevail at the t'me of development, whichever is more restictive. PRIOR ACTION / REVIEW (Council. Boards, Commissions) The Planning and Zoning Commission recommended approval (5 - 0) of the annexation and zoning at its meeting on May 27, 1998. City Council approved the first reading of the ordinance by four-fifths majority (7 - 0) at its meeting on June 2, 1998. FISCAL INFORMATION Without specific development plans at this time, it Is impossible to complete a cost - benefit f analysis without making many assumptions. Nevertheless, commercial development with a retail component oriented toward 1.35 users at this site is likely to have a positive benefit to cost ratio. k ATTACHMENTS I. Annexation Ordinance 2. Planning k Zoning Commission Staff Report, A-76 and Z-98-009. 3. Planning & Zoning Commission Minutes, May 27, 1998 4. Staff-recommended conditions to P tit Z j • Respectfully submitt ` b 1ii11 ` rector of Planning and Development • Pre ared by: } • • Mark Donaldson Assistant Director, Planning and Development 2, , r~ iv I ( y~ya+ 032 x 0 er • t, r FViR »n .era,. _ . 'me., ,.r. i r n r.. A_76 ATTACHMENT 1 ORDINANCE NO. _ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING A TRACT COMPRISING 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 PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; A14D DECLARING AN EFFECTIVE DATE. WHEREAS, di: City of Denton wishes to extend its City limits line to include the 30.320 acre has as described In Exhibit A; rnd 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 Pt 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; ` WHEREAS, after a public hearing the City of Denton Planning and Zoning Commission recommended the annexation and also recommended that the zoning be designated Commercial Conditioned (C[c]) district classification and use designation; and WHEREAS, the City Council finds that the designation of zoning will be in compliance with the 1988 Denton Development Plan Policies; 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 II: That the service plan attached as Exhibit B, and incorporated by reference, 0 which provides for the extension of municipal services to the annexed property, is approved as part of this ordinances K J'.LQNA: That the annexed property is classified as Commercial, conditioned (C[c)) zoning district classification and use designation, with the following condition: 0 1. Lighting on the property shall be designed and maintained so as not to O shine on, or otherwise disturb, adjoining property or to shine and project upward to preventthe diffusion into the night sky, 51;(_TiON iV: That the City's official zoning map is amended to show the Commercial, conditioned, (C[c)) zoning district classification and use designation of the property annexed, 3. q r 2> ICJ 32x10 M ~1 l t .l a r r r , l .J.+.. d. r.e, .s,..; . t.,::wnx., a..,•m.•.. ..mru.~r+,+.i«'wwv,.,s.w.rt e.,-.vn..+ww-ra.wi.ww ~.r_1...i ( r t F SECTION V: 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 hart of the described property is hereby effectively i F annexed to the City. If any part of the raal property annexed is already included within the city limits of the City of Denton or within the limits of any ether city, town or village, of is not within - r ; the City of Denton's jurisdiction to annex, the same is hereby excluded from the territory r annexed as fully as if the excluded area were expressly described in this ordinance. ' SECTION V[: That any arson violating any provision of this ordinance relating to the Commercial, conditioned, (C[cl i zoning district classification and use designation shall, upon r conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance M . I is violated shall constitute a separate and distinct offense. SECTION VII That this ordinance shall become dfective thirty (30) days from f 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, ~,ithin ten (10) t f , , days of the date of its passage. PASSED AND APPROVED this the day of 1998. pa^r' Jack Miller, Mayor ATTEST: f . JENNIFER WALTERS, CITY SECRETARY f 'mot r " BY: 0 APPROVED AS TO LEGAL FORM; HERBERT L. PROUTY, CITY ATTORNEY { BY: . s 0 k.0 M 4 f ~h t ---'pw 4 2 5 10 n 3 2 x 0 ~,y ~ X ` ~ 1 +frdl i r ' f 1,y p 3' I 1 r 0 +i 1 71 y r3, 1. 3 r lS Vin, > f 0I n D. > Yf{l.'y~„KNf E~.n . ..,"roo »r.. _ . . ~ e a., n1urN. .•rr ~ 1r Exhibit A 1 ~ i4 Metes and Bounds Descript. r 30.320 Acres ANNEXATION EXHIBIT!? i S. L. Johnson Survey, A-683 and Alexander White Survey. A- 1406 Denton County Texas BEING a trott of land in Denton County Texas, part of tha S. L. Johnson Survey. Abstract No. 683, and the Alexander White Survey. Abstract No. 1406, and being part of that certain tract described by instrument to Rancho Vista Development Company as recorded In Volume 2695. t Page 465 Deed Records of Denton County Texas (DROCT), said tract being more particularly ,x described by metes and bounds as follows: K COMMENCING at the northerly norO east corner for the intersection of interstate Highway 35 0-35, 300' ROW) and V S Highway 77 (120' ROW); 4- THENCE North 0419'24" West with he east r;ght-ol-way for 1-35, a distance of 606.74 feet to a point', ?HENCE North 88Y4'07" East, a dis'once of 330.04 feet to the PONT OF BEGINNING; THENCE North 00'09'51' West continuing with said east right-of-way- a distance of 1046.83 feet to a point for corner; , THENCE South 88'38'10" East, a distance of 756.60 feel to o point for caner, o THENCE South 01'03'42" West, a disterce of 1062.96 feel to a point for corner; THENCE South 87'27'40' Eest, o d4tonce of 126.62 feet to o point for corner; 'd THENCE South 01'04'21' West, a dislonce of 98227 feet to a point for corner? THENCE North 57'37'53" West, a distance or 791.38 feet to a point far corner; THENCE North 00'19'24" West, a distance of 601.75 feel to a point for corner; f ; 11 THENCE South 88'44'07" West, a distance of 170.03 feet to the POINT OF BEGINNING f and containing 30.320 acres. ~ i t rya 1 i y 1 r 1 1 I ~ It h t , 1 1 i, .5 i4, 1.14 % % 5" 3 f % " J 1 v e i tip' ' I~If~ X I~r 32X 0 EXHIBIT B ANNEXATION SERVICE PLAN CASE NUMBER: A-76 AREA: 30.32 Acres LOCATION: Noah of Highway 77, east of Interstate 35 Municipal services to the site 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 Interstate 35 and Highway 77, each with excess capacity. B, Water I Wastewater Services . Water will be available at the east side of the 1-35 right-of-way by late 1998 and currently available at the south side of Highway 77 right-of-way. Wastewater service is currently available at the east side of 1-35 right-of- way and at the south side of Highway 77 right-of-way. C. Electric Distribution. Electric service is currently available in the area. D. Solid Waste Collection and Digp_osal. The City currently serves adjacent property. 3 E. Police Services. The City currently serves adjacent property. F. Fire Protection and Emergency Medical Services (EMS). The City currently serves adjacent property. Station #5 Is less than 2 miles from the subject property. G. Parks and Recreation Services. 1 The City currently serves adjacent property. North Lakes Recreation Area Q is less than 2 miles from the subject property. H. Library Services. 1 The City currently serves adjacent property. 6. ~ ~ •,N ~1~ 7 K 32 x I Q . aA'. -MAL 0 1 ' \ . e. r ..i t4\,F.::. r,t.H .nxwww+w., w+..~w.w+urvsaMw.+k+. mw•w.w-r-iwn~ ~ 1. it 1. Code Enforcement. Buildir-V Inspectbns and Consumer Health Services. f The City currently serves adjacent property. J. Planning and Development Service . The City currently serves this property. K. Capital Improvement Prpgram (C1P). M1 The CIP of the City is prioritized according to the following guidelines: 1. Provis;cn of Capital Improvements as compared to others areas will be based on 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 in the upcoming CIP. This tract will be considered according to the established guidelines. ~ •t f,, , 7. j.. 4 rr - - - ~~~1"~~[~:;;r~a~K n y. 32 X 1 ,T u ATTACHMENT 2 PLANNING AND ZONING COMMISSION STAFF REPORT , Sub e : Request for Annexation & Rezoning Case Number: A.76 Rancho Vista Z-98-009 Staff: Mark Donaldson Date: May 27, 1998 GENERAL INFORMATION Applicant: Kimley-Hom & Associates 12700 Park Central Drive, Ste 11800 Dallas, TX 75251 Owner: Rancho Vista Development Corp. 5000 Thanksgiving Tower 1601 Elm Street Dallas, TX 75201 Actlon: Hold a public hearing and consider making a recommendation to City Council t concerning the annexation and zoning of { 30.320 acres and a request to change zoning I from Agricultural (A) zoning district to Commercial (C) zoning district on an 11.484 acre tract. Location and Size: The 41.004 acre tract Is located In northwest Denton on the north side of U.S. Highway 77, east of Interstate 35, Surrounding Zoning and Land Use: LOCATION ZONING_ LAD= 'i a North: ETJ Undeveloped II South: Commercial (C) Travel Center/Truck Stop East: Agricultural (A) Undeveloped { West.- Agricultural (A) 1.35, Undeveloped ' Denton Development Plan (DDP): This property Is located In Intensity Areas # 6 and #12. o rea #-]3 Is bounded by Bonnie Brea on the east, the A,T & SF railroad on the west, Barthold 1 Road (extended) on the north, and Westgate Road (extended) on the south), This is a high , tlj, / r. 32 X I O J " " o { Intensity area, containing 1,059 acres and designated as an 'Urban Center". There Is no intensity limit for high intensity areas. Urban Center. The 1988 Denton Development Plan designates this area as the "northwest urban center". An urban center is the largest center described in the DDP, strategically located to encourage the concentration of commercial, retail, office, light industrial and multi-family housing. These centers are intended to serve as the hub for economic activity and employment. According to the Plan, the northwest urban center should be approximately equal in size to the southeast center by the year 2010. This area is one of four major activity centers identified in the DOP; the others are (1) the Golden Triangle Mall area to Mayhili Road, (2) the airport area and (3) the downtown core area. Area 6 Is north of area #12 and is designated as a low lntensi y area.. The primary purpose of these areas is to ensure the over-all land use / transportation balance by controlling the over-all density and Intensity. These areas represent primary housing areas in the City. (p.27, 1988 DDPj Non-residential uses are encouraged in all areas of the City subject to limitations. The over-all trip generation within a low Intensity area Is expected to be less than 60 trips per day per acre. SPECIAL INFORMATION Platting. This area Is not platted, Plat approval Is required prior to any development. Required public improvements will be determined during the platting process, The provisions of the landscape ordinance will be required. 1.35 and Hwy 77 Intersection, Current development at the intersection of Highway 77 and Interstate 35 poses a significant challenge when compared to the proposed activities contemplated in the urban center as described in the Denton Development Plan. In the southeast and southwest quadrants of the intersection truck stops are currently operating. Commercial (C) i zoning In the northeast quadrant would allow additional trucking-oriented development. The development activity at this Intersection Is obviously vehict"dented, with an emphasis toward meeting the demands of the users of the interstate Highway system. i , 1 Major entrance to the City, This is a difficult transition area for the City. It is at this location that k the planning concepts that encourage high-Intensity economic development meet the feality of the market for development that provides vehicle-related services. It is a major entrance to the * City. As a result, the quality of development Is Important to city leaders. Highway 77 Is scheduled in the near future to be upgraded to four lanes, divided, with a median. This is an opportunity to visually enhance this particular entrance to the city. Design Standards. The City Council is currently discussing many Initiatives that would create or enhance the design standards required by the City. Over the last several years, the attachment of conditions to zoning amendments that serve as design or performance standards has become a common practice of the Council. Typically, these conditions help to mitigate anticipated negative Impacts of new development on neighboring development, existing or future. Common zoning conditions have included lighting and landscaping standards, as well as building characteristics. i 9. I .1'Z 1,11 32X If] ;eesaa, . 0 t t I BACKGROUND This property was annexed Into the city in 1986 and zoned Agricultural (A) by Ordinance 86-06. There has been no further zoning or development activity associated with the property. The preliminary plat for the property was considered on the consent agenda of this meeting. NOTICE Notice to the public was mailed May 15, 1998, to four (4) property owners within 200 feet of the subject property. As of this writing, ore reply with undecided response has been received. ANALYSIS The table below will provide a summary of the Plan related analysis for the southern half (Urban Center) of this property: Denton Development Plan Policy Analysis Summary Urban Centers Development Rating vs. Policy Significantly somewhat consistent POLICY COMMENTS Inconsistent Inwnslstent The proposal use d to property ass Iniensly truck part d,stdbubon Is probabfy less X Intense tam wntemplaled by to DDP E Commercial and Indusoal empha sls Commercal toning Is proposed X f The proposed toning Wil sea is I Mixture of employment and high den sly employment oppodunilles but no X re sldential uses housing. MlndiMullproperfiesshoutd ' not be expected to provide a mIK or uses. Low Intensity Area. Commercial zoning In a very large low Intensity area should be expected to have non-residential uses near an exit from the Interstate highway. As the area is developed It Is likely to see a node of Intense use near the Interstate exit and reduced Intensity of uses as . distance from the Interstate exit Increases. Commercial zoning on the subject property within the 0 low Intensity area Is consistent with this type of land development pattern. Looking to the Future. One rf the purposes of zoning is to Implement the goals of the city. The Denton Development Plan states the expectation that this area will one day become a major employment and activity hub of the area, but that time may be twenty to thirty years down the road. In the meantime, land owners expect to use their properly In accordance with the current • rules and regulations of the city. Development that make sense today may not make as much p IR sense if the focus is on a longer time period. IZV On balance, the proposed zoning is consistent with the Denton Development Plan and compatible with development in the area. At a major entrance to the city, the quality of future development should be controlled. City ta, 32 X 0 Council has already authorized staff to prepare materials that could result In Increased land use I controls along major corridors. It is relatively easy to identify a number of conditions that would Improve the perceived quality of development, including setbacks, landscaping, lighting, and design standards concerning building materials and appearance. RECOMMENDATION Staff recommends approval of the annexation and des'gnation as a Commercial, conditioned (C[c)) zoning district, with the following conditions for the 30.320 acre property and a change of zoning from the Agricultural (A) zoning district to a Commercial, conditioned (C[c]) zoning district, with the following conditions for the 11.484 acre property: 1. The building line along the Highway 77 frontage and the western property line shall be fifty (50) feet. 2. A landscaped area no less than thirty (30) feet from the property line along Highway 77 and 1-35 shall be maintained. 3. No parking area shall be allowed in the landscaped area required in #2. 4. A landscaped buffer yard of twenty (20) feet shall be maintained along the northern and eastern boundary of the 41.804 acre zoning district, within which no less than one (1) canopy tree and two (2) understory trees shall be maintained for every seventy-five (75) lineal feet of boundary. 5. Lighting on the property shall be designed and maintained so as not to shine on, or otherwise disturb, adjoining property or to shine and project upward to prevent the diffusion into the night sky. At least fifty (50%) percent of any wall area of a building, Inclusive of windows and doors, that is visible from Highway 77 or 1-35 shall be constructed of masonry materials. ` 7. Mechanical equipment, including satellite dishes, shall be visually screened from view from Highway 77 and 1.35. 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 Highway 77 and 1-35. i 8. The design of any walls of a structure visible from Highway 77 or 1-35 shall Include relief to 1 I wall and roof line according to Exhibit A, Building Articulation. No single uninterrupted surface plane shall be permitted. I MOTION I move to recommend approval of A-76, to annex and zone 30.320 acres ss a Commercial, conditioned (C[c)) zoning district, and rezone from Agricultural (A) to Commercial, conditioned (C[c]) zoning district, subject to the conditions as presented by staff. • ALTERNATIVES 1. Approve as rooommended. 2. Approve with additional! fewer! other conditions. 3. Deny, finding the proposed zoning incompatible with the surrounding area, 4. Postpone consideration to a date certain. ENCLOSURES ~ , 1. Site Map: A-76 and Z-98.009 2.. Zoning Map 3. Annexation Study (A-76) 2S x 32X Q x MIN=' • i i O ENCLOSURE 1 SITE MAP A•76 Z-98-009 I I 2L wo,6, fw A I oil i ~ ~ ;I zoH~c ~ a 1 L~ A I imm 7i~4 12. >{r a x f a 32x~~ =94"9 . aa~ - - - m o ENCLOSURE 2 ZONING MAP Z•98-009 - ~ y1 1 my I f 1 I i I VAftWT Pow oo11Y1L110k iaOo asnncr I nsa MRL1 f nw w - nna .Iwtli r nY. - - ~ ro. O lywoa ua 1 L no 41~60'"d YP~.Mr • E ~ i I •c'~r 1 • i I taflwD *ONb1a {4tp5 I Iwae 1. i AC L\ a~Y..~7OVN1~ MI R 110 YuICW1 carol LA31 Z LOYI4[R CIOAt \ v, Re ` I i IMO, k YIVOI IW ` ~ I 13. 1 ;=~1 10 32XIO mood r • 0 ENCLOSURE 3 i ANNEXATION STUDY (A - 76) Rancho Vista Name and Address of Owner: Rancho Vista Development Corporation 5000 Thanksgiving Tower 1601 Elm Street ` Dallas, TX 75201 I Name and Address of Developer: Rancho Vista Development Corporation 5000 Thanksgiving Tower 1601 Elm Street Dallas, TX 75201 Location and Size: The subject property is a 30.32 acre tract located In northwest Denton, near the intersection of Highway 77 and Interstate 35. Existing Land Use: Undeveloped, Currently used for agricultural purposes. Surrounding Land Use: East: Undeveloped West: Interstate 35 North: Undeveloped i! South: Commercial (Travel Center) Proposed Development: This property is adjacent to other property owned by the applicant that Is already In the City and has Commercial (C) and Agricultural (A) zoning. The proposed zoning for the property considered for annexation is a Commercial (C) zoning district. The maximum floor area ratio allowed within the zone district is 2 :1. Total development of 2.6 million square feet would be allowed on this property Analysls: { 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 uwur In the near future. +t O • The following are guidelines for determining when annexation study should be considered: (1) Single family developments over five acres; or ' O 2 Multi -family, industrial or commercial development over one acre; or I 14. h f d 32XID y O , I (3) Any area where the density exceeds 500 units per squara mile; or (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 Cr not an area should be annexed, the following criteria shall be considered: (1) The ability of the city to furnish normal city services equal to other comparable areas Inside the city limits, A. Streets and Roads. The property ;s located at the Intersection of U.S. Highwary 77 and Interstate 35 in northwest Conton. Average daily traffic on Highway 77 near I- 35 is 8,675 vehicles. TXDOT is scheduled to upgrade Highway 77 to four-lane with median in the near future. Excess capacity in the roadway system exists. B. Water! Wastewater Services. Water service In the area will be enhanced in the very near future with the installation of the Sanger water line of the Trinity Regional Water System. Wastewater collection lines are currently available in the area, though they may have to be upgraded to accommodate significant development. Water distributiun and wastewater collection service is available. Water and wastewater treatment systems have excess capacity. f C. Electric Distri do . Electric distribution is capable of providing service to the area. 0. Solid Waste Collection and Digposal. The city currently provides solid waste ' services to other businesses in the immediate area. Any deveirpment in the area will result in increased demand for services. Additional personnel and equipment may be necessary to provide service to significant development In the area. E. police 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 city. Additional personnel and equipment may be necessary to provide service to significant development In 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 #5 is located at the Intersection of Windsor and Bonnie Brae, less than two miles from the property Response time would be relatively short. Additional personnel and equipment may be necessary to provide service to significant ' development in the area, G. Parks and Recreation Services. Any fului 3 development of the property may result in additional jobs in the community and new residents to fill those tobs, resulting i I. 15. I . r < C1 32 x C~ 1 - O In increased demand for park and recreation services In the community. Additional personnel and facilities may be necessary to provide service to the employees and their families who live locally if significant development in tha area occurs. H, Library Services. Any future development of the property may result in i additional jobs in the community and new res!donts to fill those jobs, resulting in I increased demand for library services in the community. Additional personnel and facilities may be necessary to provide service to the employees and their families who live locally if significant development In the area occurs. 1. Code Enforcement. Building Inspections and Consumer Health Services. New building activity will trigger additional case work for the Code Enforcement, Building Inspections end Consumer Health departments. At present there is no excess capacity in any of these divisions. J. Planning 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 capaclty 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. i L. Cap1t3i Improvement Program (CI P). 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 on 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. l The annexed area will be considered for public Improvements in the upcoming CIP. 1 This property will be considered according to the established guidelines. (2) The reliability, capacity, and future public cost, If any, of current and planned I provisions for community facllitlas such as roads, drainage, utilities, etc, A. Streets and Roads. The property's primary access will be via Highway 77 and Interstate 35, both the responsibility of TXDOT for maintenance and Improvements. Internal roads required to provide access to future subdlvislons of the property will be the responsibility of the developer. There will be little short-term cost to the city to provide direct capital Improvements for streets and roads related specifically to the 9 • development. 16. n ' y In 32 1 1 e , Q 9.'~d6L'S,1 B. Water ! Wastewater Service Water distribution and wastewater colle,lion 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. Service lines will be the responsibility of the developer. C. Electric Distribution, Facilities to provide electric service to the property maybe necessary. Again, the electric utility is an "Enterprise Fund" so that any necessary improvements will not impact the general fund. Service conne- ions will be the responsibility of the developer. D. Solid yWpste Collection and Disposal. Equipment to provide services to the property may be necessary. The solid waste utility is also an enterprise fund. E. Police. Fire and Emergency Medical Services. These departments 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 f#5 is conveniently located with respect to this property. F. Parks and Recreation. Library and General Government Service. The demand for these servi,es is more a function of residential population than commercial development. Additional commercial development will result in more joos, which may result In more population in the city. a (3) The need and quality of land use and building controls. Private controls will be considered, This property is located at a primary gateway to the city. Control of the quality of land and building development will bb desired. Zoning established for the property should reflect the i need for land and building design standards In this critical area. (4) Impact on the city, both current and long range, Including at a minimum: a. Fiscal cost and benefits; 1 Over the last few years there has been a perceptible shift in the primary source of local f government revenues from property taxes toward sales taxes. In this regard, commercial I • development that collects sales 'axes from sales to patrons from outside the city Is a very positive development. However, it Is now very difficult to complete an accurate cost-benefit analysis. In terms of potential costs versus potential revenues, the best of situations for a local government would be a retail establishment In a very expensive building that sells exclusively to out-of•town patrons and has only out-of-town employees. The demand for local w 4 government services would be minimized and local government revenue would be to maximized. Costs are a function of the type of development that Is ultimately constructed, 0 local unused capacity within the city's Infrastructure system, th percentage of locally t produced costs of goods sold, the likelihood of local ownership and the peicentage of Y9 employees who live locally. Revenues are a function of the cost of development, the volume 19" 0 M1 , ca~e.ars of sales, the percentage of sales to outsiders, and the percentage of employees who live locally, Although it is nearly Impossible to accurately estimate at this time, retail commercial development in this area that attracts a significant share of sales to people from outside the city will likely show a positive revenue to cost ratio. b. Traffic; Located at the intersection of an Interstate 35 and U.S, Highway 77, traffic congestion at this location will be relatively minor and localized. Employee related traffic has amply opportunity to disperse in multiple directions. Retail traffic Is most likely to use 1-35, Highway 77 and loop 288, minimizing any Impact on collector or local streets. C. Infrastructure of roads, utilities, and other community facilities; Highway capacity is In place and will be enhanced in the near future. Water distribution and wastewater collection systems are in place. Electric service can be provided. Other community facilities may be necessary if significant development occurs rapidly, d. Safety si.d health; The proximity of this property to fire station #5 will provide relatively good response times for 1 fire and emergency services. The area is already within the police service area, 1 e. Building or development quality; The property is currently zoned agricultural. To more intensely develop the property, a change in zoning Is required. Land and building design standards can be Incorporated into any approved zoning. f. Aesthetic quality; The city's landscbping ordinance will apply to any new development. Land and building design standards can be Incorporated Into any approved zoning. g. Community character. The predominant character of existing development In the area is vehicle-oriented, in keeping with the city's location astride Interstate 35, 35E and 35W. Any new quality development is likely to enhance the area, (5) Conformance with or need to ensure conformance with the officially adopted tp y master plans of the city. The 1988 Den!on Development Plan Identifies the area as an "Urban Center", ' 18. 2 5 10 32X e . 1 4 ~L IJ L 4~ rf 1 yr' :x~, J li r y ' 1 1'i 1 ~ I 1 41' ~ • I . ,.n.:v ti. ..a•. i. w.. . n... v.. .nnw. n.s r~...r aw.. u.« ..n. n.. ~ i.i.•.i. i The urban center des}t;;nation Is the most Intense development district in the :Ity. Commercial development of this property will conform to the "Urban Center" Intensity standard. * is f wy~/ I i I I 1 f ~ f 1w ~ A 1 r}1. Ir yy J~,O, 19. I r 4 G t' 25 x IO 32XI❑ s u I ANNEXATION SERVICE PLAN CASE NUMBER: A-76 AREA: 30.32 Acres LOCATION: North o, Highway 77, east of Interstate 35 Municipal services to the site 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 Interstate 35 and Highway 77, each with excess capacity. B. Water / Wastewater Services. Water will be available at the east side of the 1-35 right-of-way by late 1998 and currently available at the south side of Highway 77 right-of-way, Wastewater service is currently ava`lable at the east side of I-35 right-of- D way and at the south side of Highway 77 right-of-way. C. Electric Distribution. Electric service Is currently available In the aroa. D. Solid Waste Collectio and Disposal. The City currently serves adjacent property. E. Police Services. The City currently serves adjacent property, F. Fire Protection and Emergency Medical Sew s (M 0 The City currently serves adjacent property. SlatW Ifs Is les3 than 2 miles from the subject property. G. Parks and Recreation Services. ! The City currently serves adjacent property. North Lakes Recre6on Area O is less than 2 miles from the subject property. lD H. Library Services. The City currently serves adjacent property. 20. r- ,~r ❑ 32X ❑ • p t . ,ate I I, Code EnforcemAnt. Building Inspections and Consumer Health Services. E The City currently serves adjacent property. J. Plannina and Development Services. The City currently serves this property. K. Capital Imorovement Program (CIA). The CIP of the City is prioritized according to the following guidelines: i 1. Provision of Capital Improvements as compared to others areas will be based on 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 in the upcoming is tract will be considered according to the established CIP. 1 n guidelines. j 1 Y. , `fff ~ 21. i . 25K113 32X' o ; Planning and Zoning Commission Minutes May 27,1998 ATTACHMENT Page 29 of 56 eredcs. My understanding of the map Is that It does, In fad, Include all of the props him 200 feel of the p total of this props ty. Comma Of Powell: Anyone else to speak against the motion; speak again Mr. Wes d IS chance to rebut here. application? Okay: we will glue Mr. WeaiheA DeGeve that our plan is realty consistent with t~ K happening In the area for the future- GoHman and Broa cross the street and Syntex catty corner fr' -R Is what Is going to happen In that area endwethinkthe'wea consistent with that. Commissioner Powell: The .you, air. Anything to asky1lr.'Westhe ford? Thank you, sir, At this time t w01 close the public hearing and open the Moor up here for di~Asion and/or a motion. Ms. Apple: Mr. Chair, I would like to comment. r f. Commissioner Powell: Yes, ma'am. Ms. Apple: I a n very sympathetic to the bon of ihls grope ty out there, being In • somewhat similar sNuation myself, As f was so aptly told-unf efy, you run the risk when you purchase property near undeveloped areas, It 1s just kind of the nature o) beast. I really think that this looks Eke a good plan to me because I do think that 4 Is Wnsislent wRh who u' there and what Is going in, and I think that R Is a good concession doing the 10 lots on the outslde and pu the 7 in the center. In Eau of that. I move to recommend approval of Z-97.034 with the condit oas as reram ed by staff. a motion on the floor; Is there a second? Commissioner /seco)(41,'... Mr. Moreno: I'lCommissioner a motion end a second on ag enda Rem 13Is there any further discussion from the CommissioMr. Engelbracht. Mr. Engelbre nt that I am glad you brought up earlier, The Iref6c Arjd drainage are certainly going fo co with development; however, they will be addressed at the platting stage. Stlt 'a 4"' ceRainy aware of at is going on there and Is folloo4ng that area very closely. We are, In this city;' spin, drslnage much m carefully than we have in many years earlier, which Is what Is causing us to contend sLIIC lot of things these a. Thank you. Ca issloner Powell, pzy other questions or comments from the Commissioners? If not, I will It for a vo AM Irv ova been cast, R is five to zero in favor. I5 - 0) 14. Hold a public hearing and consider making a recommendation to City Connell concerning the annexation and zoning of a 30.3H-acre tract, and a request to change zoning from Agricultural (A) zoning district to Commercial (C) zoning district on an 11.484-acre tract The property Is located In northwest Denton, north of Highway 77, goat of Its Inforsectlon With 1.35. Commercial development Is proposed. IZ•98-009, Rancho Vista, Mark Donaldson) Commissioner Powell We will go on to Item 14-we will hold a public hearing And consider making a recommendation to City Council concerning the annexation and coning of a 30.320•scrs tract, and a request to change zoning from Agricullural zoning district to Commercial zoning district on an 11.484-sue trscl. The property Is kxated In northwest Donlon, north of Highway 77, east of its Intersection with 1-35. Commercial development Is proposed, Mr, Donaldson. Mr. Mark Donaldson presented the slaty rapori. 0 Mr. Donaldson: This $40 Is at the intersecl'ron of Highway 77 and 1.35 h northwest Denton. Q , i_ Commissioner Powea: Excvse me, Mr, Donaldson. Sir, ma'am-pleas. Thank you. Yes, Mr, Donaldson. 22. ~sara~ 0 nsxsr,a Planning and Zoning Commiszlon Minutes May 27, 1998 Page 30 of 58 Mr. Donaldson: We actually have three separate motions to mails recommendations on this evening. One the annexation, secondly the zoning on that particular annexation, and then o request to change zoning of property that Is already within the city rmhs. I think that this she map probably shows it best. The proposal Is to annex the pink area; the heavy dashed fine is the existing city limits to that you can set it Is contiguous with city limits on virtually 65% of its boundary. We are looking for a particular annexation anf for a zoning to Commercial. We have suggested a number of conditions on it. Concurrently, there Is on spotication to rezone, and I messed up the picture that Is In your packet. I failed to include this little sMer on the so.(thwestern part; that Is actually part of the rezoning request. We are looking to rezone the yellow area from Ag to Commercial, and again we are suggesting the tame conditions. The conditions that we are recommending really come from an hem that you will see later on this evening-the draft corridor overlay toned district. We have tried to incorporate as much of the Intent of that ordinance to create a landscape buffer area along the major corridcrs to minimize the parking within that landscaped area. We have also suggested that a landscaped buffer yard be created along the northern edge of the annexed property and the eastern edge of the annexed property Similar to this lest case, Again, n As line Nht here ' is a i" of demarcation in our Denton Development Plan between the urtan enter end a low intensity area, So, this may, In fact, have development north of here that Is other than Comm( rclal; so we wanted to put a buffer yard In there. We have Included what has become our standard lighting concRioi, and Included a number of design srandards that ere consistent with the proposed corridor ordinance. It Is also consistent with a recently rezoned property down here that we looked at a couple of months ago and that has been approved 9 you wit reca9-- conditioned that el least 50% of It be nonmetal. So, we have included that condition that al least 60% of any wall area of a building, inclusive of windows and doors, that is visible from Highway 77 or 1.35, shall be constructed of masonry materials The proposed corridor ordinance requires 100%, 1 think, conditioned that mechanical equipment be screened, that all vehicle repair, service and maintenance little and loading docks bit screened or arranged so that they not be visible from the highways; that the design of ary walls of any structure that Is visible from the highways have what we call arliculgilon-that they are not simple, m•saslve, linear walls end we Included In the packet en exhibit from the droll ordinance that shows some formulas for breaking up waft musses The annexation study demonstrates that we are capable of providing an of the urtan services to this area, We already serve the ores on 80% of its boundary. Of course, with development will come Increased pressure to perhaps add facilities, equipment or personnel to do that and without a specific development proposal, It Is Impossible to do a cost benefil fiscal analysis yye Can say that, generally, retell development brings In both sales tax and property tax, so we can generally show If Is a positive benefit-to-cost ratio. Are there ary questions of me? Commissioner Powell: Mr Engelbrecht W. Engelbrecht I noticed that you had recommended the landscaping on #be northern edge, or buffer on the nurthem edge, based on the current Denton Development Plan, which suggesis that that would be a low intensity area. Retognlzing that we are now locking at four different plans, three out of the four, which are adopted would in essence allow higher density development along all of our major thoroughfares such as this. fi In fact one of those had Dean in place, would you hv* still recommended the buffer on that northern edge? If In fact we do that now, Is [hat In any way going to interfere In the future with the possible consideration of on-site traffic management or would we Just simply say that you will have to cut through the Duffer and...? Mr. Donaldson A couple of questions In there. Mr. Engelbrecht: I assume, sort of, Mr Donaldson Certainty, h we had a preferred development scenario In place that specified any one lor a combination of those that we're considering, the conditions recommended may be different. We would be able to analyze A In a little broader scale, a little bit more definitivoly than we can r,ow. Certainly, 9 this particular parcel gels linked up to any other parcel for subsequent development, we would have to reconsider the conditions and could address them through any particular rezoning by linking the properties together 9 they ore joined. If they are under separate ownership, for example, this Ag comes in as Commercial, we may In fad require a buffer yard for them. I am not sure. It would depend very much on ede•specific sorts of comlions, We certalny, would allow the punching through of any roads through a landscape won, O • Mr. EngelbrechL I guess, more lhaa would we allow it-I guess my question Is--given that we are asking far these ~r buffer yards, would we really still be pushing full on-site circulation of traffic even under separate ownership; sre rue still going to be doing Vat? 1 think that that Is slated In our policies... 23. Mill 32r.. CI Xi- tb , o Planning and Zoning Commission Minutea May 27, 1998 Pegs 31 of 68 Mr. Donaldson: Yes: that Is a current policy in the Denton Development Plan, and I think that It Is a good one. The more Interior traffic p, Ums that we can create, the fewer cars that have to go out onto the highways, So, we would certainly not do anything to discourage that. Mc Engelbrecht: And the War Is really-we an still encourage If to just cut through the buffer. Mr. flonaidson: Yes; an right. Mr. Engelbrecht: Okay; thank you. Mr. Donaldson: They are not so extensive that they are not going to make any particular piece of prop" without value. Mr. Engelbrecht. Okay; thank you. Commissioner Powers: Any other questions of Mr. Donaldson? Ms, Apple: I have one. Commissioner Powell: Ms, Apple. Ms, Apple. Regarding the recommendation about the 50% of any wall area of a building Inclus!va of windows and doors-Is inclusive correct? I Mr. Donaldson: Yea. Ms. Apple Okay-that's vis,ble shall be constructed of masonry materials. So, lechnirany the other 50% could be metal? I Mr. Donaldson: That Is.... Ms, Apple. This could possibly be an entry to the City at some point? Did cleft consider...? Mr. Donaldson: Yes: keeping in mind that the strategy on the corridor ordinance as It Is written now Is to Create an overlay zone, which would Create a separate set of design standards for any properties within 500 feet of the center line of the right-of-way, which as n Is written now would require a 100% masonry were for an wars that are visible. So, In fact, we could have two sets of requirements--one that is attached to the en!ire zoned dislrkt that says 60% and then the overlay zone, which would apply to anything within 600 feet of the interline that requires the 100%, Ms Apple, I guess H. Is not the 50% masonry that f am Concerned about; It is the other 60%. Mr Donaldson: Right. Council ended up modifying the condition that came out of P 8 Z so that it read, '50% of the war area that be non-masonry.' This would be consistent with that. Ms. Apple Thank you. Commissioner Powell: Any other questions of Mr. Donaldson at this lime? Okay, we win hear from the aWcari Mr. Dillard Mr. Chairman and members of the Commission, my name Is Don Dillard, Hunt Petroleum Corporation, 5000 Thanksgiving Tower In Dallas. We own the land. I think that Mr. Donaldson has given you a pretty good overview. I thought I might take just a second to show a couple of slides that we have that mlghl answer some of the questions that you have been asking. I am going to leave this here and get bock to it in a second. This Is vague, bul n generally shows you the loop 286 and 1.35 and our land holdings out there; we have quite a bit of land north of 77 up In this area under the name of Rancho Vista. We are doing some planning on that land, There Is a waterline being built along 35, and currently the sewer Is the problem In that area; but we are exploring some sewer pr• ib[litiell So, 8 Is longer range down the road. The area around the 77 Intersection that we are talking about, 0 this 58-scre tract. as Mr, Donaldson said is serviceable with utilities; and, )(Course, south of there we are doing lye t outlet mar and some other development contemplating In that area. But lorigh6 in aliana, what we art trying fo fr r" do Is take this $&acre tract, which we own at the south end of this holding, which Is represented on his sketch, that currently has sorne mixed things about n--part of n Is not M the city, part of N Is. Part of It is zoned Commercial; 24. i ego %M% W 32X • e •ea>rar„~ 0 x~erarrR Planning and Zoning Commist~on Minutes I May 27, 1998 Page 32 of 58 this part Is zoned Commercial, and of course, this part Is Waldo the city. So, we have 28 sues in the cRy; 11 of that is not zoned; 17 acres Is zoned, and we've got 30 acres In the ETJ that Is not zoned, $o, what we are trying to do, concurrently with this and with the Council. Is go through a process where we annex the 30 acres and zone it as (C) Commercial and then zone this I t acres that Is In the city { So, the bottom time Is that we are trying to get the 5a mores ready to do development, and we are trying to get an packaged so we an do some detailed development sOudies and gel N Into (C) zoning, Currently, the City Councg has had the public hearing one on April 21 for the annexation, and public hearing two May 12 and the first reading of the annexation Is scheduled for June 1. The zoning case will be going to the Councili think N Is July 21 along with final annexatioc. Of course, tonight we are considering before you the zoning. I might add that Mr. Donaldson has covered N very well, and 1 would be available to answer questions. One comment that we got these recommendations beforehand-we have no problem going along with the rules end regulations. For example, on the property around the mall, we have a a0• toot setback on our PD on buildings and here we are talking about 60. As I understand Ii 1 may not understand N, so correct me-the suggestion here Is what you think is coming as part of this corridor overlay. We have no problem abiding by that N that's what happens; but what we want to try to avoid is being )asst put on us and then that might not happen. I guess, a queslion that i have got just along thM rime Is-l o property that is back east of where we are and was zoned Commercial recently, how was that handleo7 I did not follow the final case on setback;., and these requirements. Mr. Donaldson: Well, I have Irled to make comparable the conditions to those AM were adopted with that ordinance, and I think that I have held pretty true on N. 1 do not recall them exactly but,... Mr. Dillard Whet we were curious sbout-N there could be some wording here that says this to the approved zoning, but m case you pass this or N is conditioned upon this being corridor zoning-because there could be something that comes out of your corridor zoning that Is different than this. So, I Just raised that so a question. We will try to abide by N. The discussion about the edge treatment. we are doing some plans on this land. I think your question is approprale, but I am not sure what the answer Is We do have from previous days a general development plan on this property that Is sketchy, but there Is rood coming through the middle of N. Right now, we 1 are )ust trying to get the zoning clear so we ran do come planning, So with that. I will stand by and answer questions N 1 an. Commissioner Powell. I have some, but we will let the Commissioners go first. No questions, Ms. Apple? Mr. Dillard, there are eight very detailed conditions here, and 1 assume that you havo seen them? Mr. Dillard Yes, sir; that was what f was talking about.... Commissioner Powell. Oh, I understand, I was just trying to make a point here. Let me mumble through this for a second They are based on a zoning ordinance, and I writ ask Mr. Donaldson to help me here, that we ere expecting will happen later. Is that right, sir? Mr. Donaldson One factor Is the pending corridor ord'mana. The other factor Is the recent case on what Is known as the Baruch property right here, where we put a very comparable set of conditions M place. Again, kind of enticlpel;ng the corridor ordinance. Commissioner Powell Of course, we are going to be looking at that later this evening, and we might have a concept of what that is going to be. We do not know whet the Council Is going to do. 1 could take a guess but, a does not seem fa;r to me that he would have to set with aN of these ff he Is not comfortable with them because of an ordinance that Is not passed yet. I am not asking you to answer me, air; I am just kind of making a comment. 1 arm not trying to put you In any kind or bind here I am just telling staff that N bothers me that we would ask for all of these conditions based on Something that we do not have-we just expect to have. Is there any part of these eight that Is particularly bed from your viewpoint, air? Me. Dillard: Can I make a comment In rei to ywr question? . Commissioner Powell: Absolutely. • Me Dillard. I Wrik your question K sort of along the fines-we assumed untA this afternoon that what we were asking for was Just Commercial zoning. We know what Commercial zoning Is; we got N on the property south. I recognize and appreciate the process that you are going through In trying to get an overlay, but what 1 w+s i 25. I I q { 32 ,~_J o 0 t Planning and Zoning Commission Minutes May 27, 1988 Page 33 of 68 assuming we would do until this came up Is that we would get the (C) zoning. And If you come up with an overlay and when you do, ft applies as I understand ft to an ol the properties along 35, Including what we have already got zoned and developing south. Is that true? Mr. Donaldson: That coulu .v true. Both Highway 77 and the Interstate show up on the corridor map. I believe they are listed as different zone disirScls. One Is a primary and the other Is a secondary. Mr. Dillard: Sir, to answer your question-and more specifically what I would prefer, based on what we assumed, Is we be given the (C) zoning and H and when you pats something like into, N applies to our property, we will respect ft. For example, we had a 40-foot, N 1 remember, on the outlet man and on the pad stes where you have the restaurants, the 40 feet is really pushing N pretty hard. Fifty foot, then you have 30 feet of that an easement or a buffer. I think on the south we had a 40-foot setback and 20-foot buffer, and we hive accommodated that and worked with 4 on the pad sites, But It was an awkward situation. Now a 60-11 sounds like you are getting a l the bit more but d you lake 30 of k for a buffer, you only have 20-feet so you really conrot have our minimum parking. You could have one raw of cars in one parking. So, I am not really prepared to answer in detail your question because this is sort of-not a surprise from their standpoint; they have been working on ft. I would prefer, d 1 had e choice to suggest you pass 8 with (C) zoning, and then when this applies we, like on of the other" would be applied to us, Commissioner Powell: Thank you. Any other questions or comments for Mr. Dillard at this lime? Mr. Engelbrechb I might just ask-whorl Is the setback on the Good Eats from the service road? Do you know? Mr. Dillard: I'll ask Roy. Roy, Is N 40-feet? It Is 40-feet. Mr. Engeltrech[: On Good Eals? Thank you. it was kind of a point in reference. Commissioner Powell: Mr. Donaldson, I am going to ask you to help me think through sumething here Let's D assume that the corridor ordinance passes-and I would have usumed; oh, would that get me in trouble-that ft would only effect newly zoned properties after that time, It Is going to effect everything that is already zoned on a corridor? Mi. Donaldson: The latter. The current concept Is that h would be what we can on overlay zone, so N Is a separate set or standards that overlay the underlying zoning. So, N would affect previeasly zoned properties, Commissioner Powell: It Is kind of an ex post facto zontng then, Is ft not? Mr. Donaldson. Ye, to r degree Commissioner Powell: How does N affect things that are already burl that do not meet the new zoning? Mr. Martin I think that I need to answer that. 1 Commissioner Powers: Boy, I hope so, I am not trying to cause a problem, but I want to understand this. Mr. Martin. The thing is thY even though N will be effective In all areas, K there is a nonconforming use, that nonconforming use will still be able lobe there It will be like the other ordinances; 0 They remodel or change things, [hen they will have to accommodate to the requiremeits of the overlay district ordinance. Also, then might be conditions where the proposed overlay district W11 also have a time period for nonconforming uses to come up to standards on the certain aspect of the ordinance within a certain time period. And that Is also allowable as long as what you are asking them to conform to Is reasonable and the lime Is reasonable to conform to that. Commissioner Powell: Thank you very much. That helps me. 0 Mr. Dillard. Can f get up and comment along that 11"? In Not a point of reference-ft Is not about this use; but for example on our property south of here, we have a zoning ordinance-and t do not remember the number of It but h 0 f Is PO for 245-acres-that we spent a year going through with the P d Z. And that was when the 40•foor wsa laid on us and the 20-foot seback. We have a bl of planning going on In that property that respects that 4d and that 20 It has real peculiar zoning; 4 Is even more Intense than your typical Commercial because ft was a uill plan. I I 26. X 1 U K l 32 u , Planning and Zoning Commission Minutes May 27.1998 Page 34 of 58 It sort of disturbs us that we are going to be faced with another overfly that WM mow that stuff back further. I just soh of echo your point that we do not mind as long as we anticipate something; but when we were given that zoning, n was a special zoning district for that 245 ease. R is not like a typical Commercial tract. So, now we are t looking at another overlay that Is going to probably be more restrlotivo than what we had. Just make that as a f comment and that is about an, it Commissioner Powen: That IS getting beyond what we are discussing tonight, but t understand what you are saying, and It might be a good point to bring up before the Council. Any questions of Mr. Dillard at this Urns? N not, I will ask If there Is anyone In the audience that would Ike to speak for the proposal. Anyone also In the audience that would like to speak for the proposal? Anyone In the sudienoe that would like to speak against the proposal? Anyone in the audience that would like to speak against? Not seeing any speaking for or sgalnot. I will ask Mr. Dillard 0 he has any final comments None. I will then ask the staff-he does? Mr. Donaldson, If I could, with the exception of condition five, an of the others relate more or less to the draft corridor ordinance. If you fell that the corridor ordinance was going to be enacted and do Its )ob, I would just ask that condRon five, which has becone poorly standard for us lately, the lighting condition, be left In place. Commissioner Powell: No fuller 6scussion? We will close the public hearing and open 4 to the Comm?sfloners for a motion, questions, discus ns, whatever. Mr. Martin: Mr. Chairman, an I just say something before you an gel Into...? I only want to remind the Commissioners that to avoid some confusion, there needs to be three separate motions on We particular nom. There should be a motion that Involves the recommendation to the City Council on the annexation of that particular piece of property. Then there should be a motion as to a recommendation to the City Council as to the change In zoning to the portion being annexed, Then there is a sepa ste motion for the property, 11-acres, which Is a?ready In the city limits, which they G -s also asking for a zoning change. So 1 just wanted to say that to try to prevent some confusion and make sure that the cleanest way to do it would be to have three sepsrals motions on those Items. Commissioner Powers: Mr. Engetbrecht. Mr. Engelbrnch : Mr. Chairman. I would move that we recommend approval to the City Council for the annexation of...7 Commissioner Powell: 30.320 acres? Mr. EngelbrechL Is that n? 30.320 acres. , Commissioner Powell: Is that correct, Mr. Donaldson? Mr. Donaldson: Yes, Commissioner Powell: Is there a seoood to Mr. Engelbr scht motion? ! , Ids. Gamer Second. Commissioner Powell: We have a second. Any discussk,n or questions on this motion? I will call 'or a vote. An votes have been test. 11 passes fire to zero. (5 - 0) Commissioner Powell: Are there any further mol'ons at this lime? Mr. Engebrechl: Mr. Chairman, I move to recommend approval of rezoning w,d 30.310 acres to Commercial (C) subject W condition number five as presented by stall. Ms, Apple: Second. Commissioner Powell: There 4 a second from Ms. Apple. Is there any discussion on this motion? Seeing no 0 discussion, I will can for a vole. At Was have been cast, motion passes five b zero. (S - 0) Commissioner Powell. Chair Is open to another motion. r ! r 10 32x11 1 0 ON,= .rtatrws ' ' U .rnrcti Planning and Zor lny Commission Minutes May 27, 1998 Page 35 of 68 Mr. Engelbrecht: Mr Chairman, 1 move to recommend approval of Commercial (C) conditioned zoning on the 11,484 acres of case 2.98-DO9 with the condition Noes presented by staff. Commissioner Powell: Is there a second? Ms. Apple. Second, Commisslonor Powell. Ms. Apple seconds. Are there arty discussion or questions. Seeing none, I WIN call for a vote, NI votes have been cast. Motion passes five to zero. (5-0) Commissioner Powell: Thank t: u, sir. We are going to Item 1b If I have n.y numbers correct. Nu, we ere not going N tlarr16. We are going fora break until 9,20 p.m. Tha,k you. The Commissioners adjourned for a break, The Commisaloner reconvened at 9:20 p.m. 16. Holm a publlc hearing and consider mokb,g a recommandatU n to City Council concerning the amendment of a detailed plan within a Planned Development (PD-87). The 4.708-acre tract Is touted In south Denton on the west ,Tdo of Lillian Millis Parkway, between 1.36E and Southridge Drive. Office I eaveiepmeril is proposeu. 4=-98-023, Southridge Oaks, Mark Donaldson) Commissioner Powell We will now return to the Planning and Zoning Commission agenda, Item 15-we wltl hold & public hearing a id consider making s recommendation to tha City Council concerning the amendment of a detailed plan within a Pk r.;-,,d Development (PD-07). The 4.708-acre tract Is bested in eoulh Denton on the west tide of Lillian Miller Parkway, between 135E and Southridge Drive. Office development Is proposed, Mr. Donaldson. Mr. Mark Donaldson presented the staff report, d Mc Donaldson. Thank yov, Mr. Chair. Commit sinner Powell. Thank you, sir. Mr. Donaldson. Let me start off b1 making h clear that the proposed detailed pion amendment is for the area only to Pie north side of Southridge Drive end doesn't effect the erislirl detailed plan for the area south of Southrldge Drive To place this rite within the city, the very easily identifiable Southrid3a neighborhood, Interstate 35E and I ithan Miler Parkway. the 4,7 acres runs lengthwise along Lillian Miller Parkway. Essentially we're going to talk about consistency with the Denton Development Plan, which Is our gvld0 on rezoning cases, and its language about compatibility with surrour' n land uses This particular plev.~ of property was zoned first in 1969 with the eiy'a first zoning ordinance as Agricu„ A It was rezoned In 1978 to SF-10 zoned district, aI which Urns LINNan Miller Parkway did not even erist. It was trio back end of a subdivision that slarled at Teasley and worked Its way to the east. In 1914, a Planned Development was Snl put m place (PD-87), o,hich on this partleut:e site silted for single- family attached dwellings, no more than R 3 units to the eve, whir`. would have ep0wed app,oxirr• ,try 20 units on this 4.7 acres, In 1993, the PD wrs again emended, adopting a detailed plain. which showed t i simile-fomiy lots on 9.4 acres, 10 of them on the 4, 7 acres north of Seuthrfdge Drive and SIX of them south of S AWg s Drive. The S current request Is to develop what has been coined as a'garden' office development with *,;I,' IndtvlJusl she on the 4 7 acres. The attributes that have been sttached 10 the plan are to limit the total square footage to 45,000 square feel; to limit any Individual building floor area 10 7,600 square feel; maximum building height to one-story; setbacks of 35 feet from Lillian Miller, 15-feet on the rear, 10-feet on side; a mii rri roof pitch to six and ll,o" It shows 151 parking places and demonstrates a landscaped bu.Ter area across the rear of the property of 15 feel. Again, as I mentioned, we will talk about consistency with our master plat, end the compalibBity with the surrounding 'and uses The Denton Development Plan specifies four different c(R" to a.:ruele conslstency, One is Pro land se itself. The Denton Development Plan e; lablshes whut Is knot, n ea low Intmrsiy areas throughout the city. d this particular site Is In what Is known as low intensity area 79. Low Intensity atom 79 Is bounded by 35E on the Q f north Teasley Lane on the west and south, end Lillian Miller Parkway on the east. Within No area, 911% of the land uce is residential, epproximalely, plus 5% Is office and plus 31A Is general retell. The nonresidential uses are currently concentrated towards the two exits off of 35E. I Plinio '.hot this clearly domonWates that within any low 28. f 9 4 ~ . 1 1 r 'i. 1)A..Yi•'✓.. u.rr,v M.,w'....,. r^.rMU..-V Y.VV,YPnY raY'P i'rT wY.w Gn..:w ~ .,v... Attachment 4 Z-98-009 Zoning Conditions Recommended to Planning and Zoning Commission by Staff • The building line along the Highway 77 frontage and the western property line shall be fifty (50) feet, 2• A landscaped area no less thati thirty (30) feet from the property line along Highway 77 and 1.35 shall be maintained. 3• No parking area shail be allowed in the landsca* _.ea required in #2. 4. A landscaped buffer yard of twenty (20) feet shall be maintained along the northern and eastern boundary of the 41.804 t^re zoning district, within which no less than one (1) canopy tree and two (2) understory trees 0all be maintained for every seventy-five (75) lineal feet of boundary. 5. Lighting on the property shalt be designed and maintained so as not to shine on, or otherwise disturb, adjoining property or to shine and project upward R to prevent the diffusion into the night sky, 6. At least fifty (50%) ptrcent of any wall area of a building, inclusive of windows and doors, that is visible from Highway 77 or 1.35 shall be constructed of ma,;omuy materials. 7• Mechanical equipment, including satellite dishes, shall be visually screened from view from Highway 77 ani 1-35. All vehicle repair, service and maintenance bays and all loading docks shall be arrappcd or screened so that { the bay(s) or dock is not visible from Highway 77 and 1-35. 8. The design of any v. ells of a structure visible from Highway 77 or WS shall include relief to wall and roof line according to Exhibit A of the draft ordinance for the Corridor Overlay District, Building Articulation. No single uninterrupted surface plane shall be permitted. r 29, i" { a ~,I yllr <b3L r 1 1 ~ l ~ { { 1 ~T 25 32 10 r Q 1 n • i r ,aq:fq ~ i-"^n .p n4..J ddytr' . ap ffiEk,:YFSf'1+}~"R~7A74'A b.'nhsSy~ T,~~~ Ag~nd,i No (10 Agenda Date AGENDA INFORMATION SHEET AGENDA DATE: August 4, 1998 j DEPARTMENT: Finance ACM: Kathy DuBose, 349-8228 SUBJECT - Consider approval of resolution approving Fiscal Year 1998-1999 budget of the Denton Central Appraisal District BACKGROUND , The Texas Property Tax Code requires taxing jurisdictions to approve or disapprove their Appraisal District budget within 30 days after its adoption by the Appraisal District's Board of Directors. The Deirton Central Appraisal District's adopted budget was presented to the City Council by Mr. Joe Forsythe, Director of Administration for the Appraisal Dizarict, on July 28,1998, The budget was adopted by the Appraisal District's Board of Directors on July 9,1998. The City's contribution toward the Appraisal District's 1999 budget is included in the 1998-99 proposed General Fund budget. Staff recommends approval of the 1999 proposed Denton Central Appraisal District's budget. FISCAL INFORMATION Tire proposed budget contributiun required by the City of Denton is $15,069 more than last year,(ItOR allocation = $130,021; 1999 allocation = S 145,0901. The lax unit contributions are base on a percentage of each taxing unit's current year levy. Respectfully submitted: , Kath B e wS~ t Assistant City Manager, Finance t Prcnarcd by. + Diana G. Ortiz Director of Fiscal Operations •i J*4~I I z~, : ,<<< 2 5 x 3 x ❑ 1 f, A ! ~ III 1 11 ~ • ~ . ~R ' o . vava ..rt b.nn.e..Inn MKN nh R.M'1.MXtlM4tvM.Ntwe'txvkMYt 1-I+rrtMnFV~ ~ ..rn^.. 1 I r ~i a 1 ; r ' Denton Central Appraisal District 1999 Budget ` I r t i1' O '•1 ~9F ! G A t ~~l S ~ VIP ~ 'M } 1~i~rl • 1 } I r! I' I + .Yr 4'r P 25 10 32X 10 ti } 1 0 I, • : I qo~ . J'...: .t . tiu.. .AV~• µ?.M yP..r!'pan lrt".4M r. w!✓INI A(IR.AID.i".,{~'/~:~1:'~r<'L11,M~•'N MA~'T ~ I''~.}A Peggy i DENTON CENTRAL APPRAISAL DISTRICT I , 1999 BUDGET TABLE OF CONTENTS r t PAGE 1: TABLE OF CONTENTS PAGE 2: BUDGET LETTER PAGE 4: SUMMARY OF REVENUE AND EXPENSE BUDGET AND f~ COMPARISON TO THE PRIOR YEAR REVENUE AND EXPENSE BUDGET PAGE S: EXPENSE BUDGET AND COMPARISON TO THE PRIOR YEAR EXPENSE BUDGET PAGE 6: EXPLANATION OF EXPENSES PAGE 19: BUDGET ALLOCATIONS WORKSHEET PAGE 1S: CAPITAL EXPENSES J• PAGE 11: SALARY SCHEDULE j :rti a' 1A L'+i5'~'H FF^iu vTm T o .,JI 'I'. ~!J 'r4! T itP:,~it a' LxF.. G} yr 32 X SrJ NNE ff~-- A o , DENTON CENTRAL APPRAISAL DISTRICT Dt/ 3911 MORSE STREET, P O Box 2816 DENTON, TExAs 762022816 July 20 1999 To the Board of Directors and the taxing jurisdictions served by DCAD, the final 1999 Budget is hereby submitted A public hearing was held on the Budget at 4.00 P M , on July 9th. All changes that the Board directed be made to the Budget after the public hearing were made and are incorporated into the Budget It is common knowledge that Denton Cuunly is experiencing substantial economic growth The growth correlales to tax roll incrrases for rr-1 of 'he taxing jurisdictions The lax roll increases suggest that our budget must increase to provide the necessary resources for staff to appraise the added growth. In addition to the Growth, the pruperty tax base is becoming more diverse The complexity of some types of properties ;s placing a substantial strain on our resources due to the time and expertise required to appraise the properties, The remainder of this transmittal letter is dedicated to i examining some or the appraisal situations we face. Until recently, most subdivisions were comprised of "tract homes all of which were of similar design and square footage in each subdivision, These homes ali sell for approximately the same amount. Accordingly, appraisers can justifiably assign a similar appraised value to all hones in a subdivision We are now experiencing a reduction in the construction or loct homes The reduction of these homes is being replaced with construction of cuslcm homes which have varying sales prices. Since Ina sales prig of custom homes varied widely from home to home, the time and effort required to determine the market value of custom homes is substantial. Appraising custom homes is extr :mely difficult because I„S market value of custom homes is influenced by several factors The finish out of a custom h lme Ir more critical to sales price than the finish out of a tract home The site Of th'r mouse being appraised in relation to lhose around it has a major impact on its sales price landscaping and . natural or man made lot features has a significant impact on market value G : oaaly. determining how much these variables effect market value so that the house can be Q correctly appraised can be very difficult I',dl\I' ,Ihh !hh•~plnl III tR( fA\ 1041111V..14:4 4 f ,3n MSI 32xIa it) o SINEW" 0 Page I In addition to the unique features of the house or lot, the sales price of a custom home is affected by any prominent outside influence In the area, Proximity lo a golf course can command a premium from certain buyers. The condition of the golf course over time has a direct impact on the sales price of the home. A potential home buyer that jogs or walks may pay a premium for Immediate access to a green belt or a park, Other buyers opt to pay a premium to live In close proximity to a lake. Hot, dry summers that cause lakes to be lowered can have a major effect on the value of waterfront property, Some factors [hat have strictly a negating effect on market value are proximity t:, a noisy freeway or a railroad track. Ail of the above are common knowledge concer0ny impact on market value. Determining the exact Impact on the value of a custom home prior to its sale is the difficult part. Just as ouslom homes carry inherent appraisal difficulties, appraising merchandise inventory In various types of facilities can become an even more difficult assignment. For Instance, merchandise inventory is constantly Feing shipped and recelved. Determining the jurisdiction, or'situs% of the merchandise Inventory on the assessment date can be quite a challenge. If we can not prove situs, the appraised value of the Inven' jr, h9COmes mute. After situs is established, we then appraise the inventory. This task becomes rather difficult at times The contents of a container at a shelf Ina warehouse or production facility may hold a few dollars worth of food items. toys, trinkets, etc. On the next shelf virtuatly identical boxes may contain thousands of dollars worth of high tech equipment. Obviously, a box of potato chips has minimal value compared to an Identical box containing cet •jlar phones. Of course, most owners of merchandise inventory are not oven; anxious to provide the kind of Information that staff needs to accufately appraise these inventories. Equipment used In the production of income [i another type of Inventory that can have a substantial market value. An actual situation can be used to illustrate this point. The Food Lion building in the City 0 Roanoke and Northwest ISD at one lime contained approximately S25 million in merchandise Inventory. The appraised value of this merchandise Inventory pales In comparison to the projected value of the equipment inventory in the Intel facility. The Intel facility Is expected to house up to $1 billion of equipment inventory, The magnitude of these amounts is so great that our staff has to be very acnurate in their appraisals. Attaining the level of accuracy needed, creates a tremendous demand for resources for the Appraisal District, j The information presented above is inlended to Indicate that we are moving Into an era of substantial value increases Increases in property values that are not easy to 11 determine d support. To do our job, we have to have the resources requested ,O ~ O • /Joe Ro S Chief Appraiser i S ~Y 5•!~ 32XILI i O t 1 h + r ,aglow L'Y2:;uP'::t+.'eWaw~...,«w..w,.wr'.>taa!'4yA.vP+Pp.•is3.RYoYr'.P7:K,.'•rSWL".1kt1M1ttJR1.Yr'"t0.~?A74?.'YF1?YCYK~RE w 1Page A SUMMARY OF 1999 REVENUE AND EXPENSE BUDGET AND COMPARISON TO THE 1998 REVENUE AND EXPENSE BUDGET 1998 1999 CLASSIFICATION BUDGET BUDGET, REVENUES. FUNDING FROM JURISDICTIONS $3,181,975,25 $3,779,934.44 INTEREST ON INVESTMENTS $3,000.00 $0.00 FUNDING FROM APPRAISAL DISTRI S0.00 $300,000.00 f' TOTAL REVENUES $3,18425 $4,070,934.44 EXPENSES; TOTAL EXPENSES $3,184,975.25_ $4,079,934.44 i 1a . , . r!, I ,1 (I +f t 1^ • IY I ql 1 4 III 7a • 1 10 10 I ' r 5v 1 v t w I Y 1 1 f 1 1 I 1 I 6 ° . I' a°coew J ,t°: x,'. 3Jl,lsu~tuu'YSxM..s.;.... I ...e'.,nrW,wr.!sr•a»~w'>•S4dba6xsrfK'.1:16~'AICfr~MA'CaR'$'f'I.ttSkLwNkR1~lE'4~A'Y~4",' ~ 14'l`~!,.• !a Page 1000 EXPENSE BUDGET AND COMPARISON TO THE 1901 EXPENSE BUDGET 1099 1909 P ACCT ACCOUNT TITLE BUDGET BUDGET _ 1'-Yt $111 SALARIES !1,550,50659 11,836,962.94 K: 5119 SOCIAL SECURITYIFICA) !113,338.35 1134.481.83 ~K 5120 GROUP HEALTH INSURANCE !150,000.00 5166,100,00 5121 RETIREMENT(TCDRS) WASA11 !118,10310 i V, 5123 LONGEVITY PAY 10,010.0 112.600.00 5124 AUTO EXPENSE REIMBURSEMENT !135,216.63 !154,210.50 5125 WORKERS' COMP INSURANCE !19.23870 !22,211.30 5126 GENERAL INSURANCE 118,619.00 119,188.00 5121 AUDIT 55,500,00 55150.00 5121 LEGAL SERVICES 1145,000.00 1160,000.00 r $129 OIL, OAS, HEAVY INDUSTRIAL, AND UTILITY VALUATION !28,00000 !30,700,00 " $130 DEEDS, SALES, AND VALUE INPORMATION !36,605.16 141155.38 $132 PRINTING SERVICE 165,438.00 178,551,00 5133 OFFICE SUPPLIES !40.406.00 !13,503.1`0 $134 FURNITURE 1 EOUIPMENT !44,155.00 1166.6a 00 $135 OFFICE EQUIPMENT MAINTENANCE 117,00000 816.576.00 5136 DATA PROCESSINOMAINTENANCE !111,958,00 1140,631.50 4137 MEMBERSHIPS, SUBSCRIPTIONS 3CUES 112,93000 !10,709.00 5138 TRAINING • SCHOOLS, CONFERENCES, AND TRA 145,07000 156415.00 5139 POSTAGE 6 FREIGHT 117,118,00 $76,52300 5141 LEGAL NOTICES 8 ADVERTISING !6.000,00 !6,000.00 5143 ELECTRICITY, WATER, SEWER, 6 SOLID WASTE 142.260.12 147,260.12 5145 TELEPHONE 129,191.93 132,150.68 5146 BUILDING 8 GROUNDS MAINTENANCE 525,600.00 333145,00 14 5148 APPRAISAL REVIEW BOARD !20,250.00 !45,000,00 5152 CONTINGENCY 563,000.00 !10.00.00 5153 BUILDING 8 LAND PAYMENT 150.068.00 150,088.00 5154 SUILOINO LAND IMPROVEMENTS 129.006 00 1320,00000 i 5155 MISCELLANEOUS !6,200.00 16.900.00 5156 OTHERASSETS 1700.00 50.00 r , 5157 CIS DEBT PAYMENTS !50.000.00 !50,000,00 5163 GISOPERATIONS 1844770.00 $4000000 q TOTAL 13 107545 ~ 11,01w0 oum ' , n Nan / i 1 13 f .4 ~ O i r / l n 5AI - .1. 1 , i ~ I i-p r 1 I Ir SL ~ I 1 4 32 I o I ..>...r . z , T IL ti"YA5".EL'C ~•t ;'ti: w, ;n,,I•pM.~,I y' l:z*:L" Page 6 EXPLANATION OF EXPENSE! 1001 1601 INCREASE OR CLASSIFICATION BUDGET BUO01T OECAEASI ACCT 0 5111 • SALARIES 61,171,112,§4 $1,610,104.11 6261./71,35 THERE ARE St FULL-TIME POSITIONS IN THE PROPOSEO BUDGET Of THE 51 POSITIONS, SO WERE IN PLACE IN THE 199E BUDGET THE OTHER POSITIONS ARE BEINO REOUF3TE0 AS ADDITIONAL STAFF IN THE 1099 BUDGET NOTE. THE INFORMATION BELOW INCLUDES A 3 0% MERIT INCREASE FULLNME EMPLOYEE! 11,302.07001 PART-TIME CLERICAL FORCOMMERCIAL PROPERTY 3519100 PART-TIME CLERICAL FOR LAND DEPT 5533600 PART•TIMECLERICAL FORRESIOENTIAL $2,00000 PART-TIME CLERICAL FOR APPRAISAL SUPPORT 1300000 PART-TIME CLERICAL FOR DATA PROCESSING 91145400 SALARY SURVEY UPDATE BY CONSULTANTS WIN TOTAL SALARIES -ACCT 11111 11.63E 082.94 ACCT 0 $III - WIAt SECURITY IFICAI 6134,11413 5$13,331,36 621,116.11 THE FICA BUDGET 15 BASED ON EMPLOYEES' SALARIES THE INCREASE IN THIS ACCOUNT 19 DUE TO THE SALARY INCREASES FOR CURRENT EMPLOYEES AND THE SALARIES OF ADOEO POSITIONS. TOTAL SOCIAL SECURITY -ACCT 16111 1134 454 83 ACCT 0 5120.0111OUP HEALTH INSURANCE i'11,100.00 5110,00000 121,100.00 THE GROUP HEALTH INSURANCE BUOOET 15 FOR FULL-TIMEEMPLOVEE9ONLY . THEOROUPHEALT14 INSURANCE COVERAGE PROVICESHEA.LTH. DENTAL, LIFE, ANO LONG TERM DISABILITY COVERAGE. THE DISTRICT DOES NOT PAY FOR DEPENDENTS' { HEALTH INSURANCE. P TOTAL HEALTH INSURANCE -ACCT 0 6120 1111$$ IN 01, i ACCT 1 $121 • RETIREMEN►ITCORSI 1111.103.10 616.11►.I1 629,21113 i 'o THE PF TIREMENT ExPENSE IS FOR All FULLdTIME FERSONNEL. THE RATE IS INCREASING FROM 0589 t0 0610 FuAtHER, THE INCREASE IN SALARIES AND 1'4E AOUING OF FULL-TIME PERSONNEL IS ORIVIt10 THE RE TIREMEN t EXPENSE UP THE DuOGET CALCULATIONS AREAS FOLLOWS TOTALRETIPEMENT•ACCTF6121 S1~ 1~E 1031: I 1 P , ,Va I f I 8 ~ ~ I r t;TM.TVF !a~ r 1 x'. r r t ^1r ~ t ',;jY 25 K 0 32 x I ! o e L. Id,,., il,, .r.,;^,I •y r, rru>YI: C'.!+ N!.-Agry,'3'bh.lla,?, •r:f,+ s4a. .ar i,w"N;w. i ?age EXPLANATION OF EXPENSES 1090 119E INCREASS OR' CLASSIFICATION BUDGET Low OECREAIE r ACCT 4S123-LONOEVITY PAY {17.610.00 141,070.00 61.42000 N' EACII EMPLQYEE'9 LONGEVITY PAY IS 110 PER MONTH FOR EACH 1 EAR OF SERVICE I TOTAL LONGEVITY PAY. ACCT 01123 S42,69000 ~ I ACCT 45121- AUTO EXPENSE REIMBURSEMENT 9164,210.10 S135,214.83 611,995111 THE BUDGET EXPENSE FOR MILEAGE IS CHANGING TO REFLECT TAE CHANGE IN THE IRS MILEAGE RATE F R0M 6 31 S TO (NS PER MILE. THI CHANC2 EQUALS ASHY, INCREASE. THE 3 11% IS REFLECTEO IN THE SECTIONS BELOW FURTHER. 3 EA. NEW POSITIONS 1 APE BEING ADDED, ! TOTAL AUTO EXPENSE REIMBURSEMENT-ACCT 661 f~1toso ACCT 09121- WORKRAWCOMP INSURANCE 122,274.31 S19r231To 13,03661 THIS ACCOUNT PROVIDES WORKERS' COMP INSURANCE TO THE EMPLOYEES TOTAL WORKER S'COMPINSURANCE -ACCT06125 S2T27439 ACCT 01121 OENEIIAL INSURANCE 619,12600 911,111,00 6511.00 THE GENERAL INSURANCE BUDGET ITEM IS COMPRIS£OOF THE FOLL0161N0. LIABILITY !11,36000 PROPERTY 17.1 5600 BLANKET CRIME S61300 TOTALOEN£RALINSURANCE -ACCT 09121 19.11800 ACCT 4 S12T • AUDIT 0.75000 1!,900.00 (250 00 I , THIS BUDGET ITEM It FOR THE ANNUAL INDEPENDENT • AUDIT THIS BUDGET ITEM IS BEING INCREASED A { M+NORAMOUNT WHICH REFLECTS A REASONABLE INCREASE Ir I TOTAL AUDIT • ACCT 1 Sill fS 75000 ACCT 05121. LEGAL SERVICES AMRVS 6110.00000 614600000 516,000.00 • 9 • tHIS OuDGET AEM 15 CHARGED FOR ALL LEGAL EXPENSE! .,'t ASSOCIATED WITH DEFENDING VALUES THEOISTRICTS ' LEGAL EXPENSES WERE 922.971 FOR 1991 THE BUDGET IS BEING INCREASEO TO ACCOMMODATE tHE,NCREAS,NG LEGAL EXPENSES TOTALLERALSERVICESRESERVE -ACCTIIII ~S' i 'r 2b rl+ ~32 X10 o , YYwsww Page S EXPLANATION OF EXPENSES 1616 1161 INCREASE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT A 5171 -OIL, OAS, AND UTILITY VALUATION 131.700.00 (01.000.00 111.700.00 THIS SILOGET ITEM IS FOR CONTRACTED SERVICES I HIS SERVICE WAS REBID IN THE FALL OF 1997 FOR 1990 6 +999. THE 1999 BID AWARO INCLUDED AN INCREASE OF $11,700 THE INCREASE WAS DUE TO THE LEVEL OF SERVICE NEEDED TO APPRAISE IWEL TOTAL VALUATION SERVICES • ACCT 11101 170.70000 ACCT 15110 • DEED, SALES. AND VALUE INFO 117,765.36 131:103.11 101111,10 i~ THIS BUDGET ITEM IS COMPRISED OF THE PRIMARY SOURCES OF VALUE INCORMATION, TOTAL DEEDS, SALES ANJ VALUE INFO- ACCT 1111 fp,iSS 36 ACCT 15133 • PRINTING SERVICI ITI,If1.00 165:136.00 (11,116.00 THIS ACCOUNT IS CHARGED FOR ALL ITEMS THAT ARE PRINTED. TOTAL PRINTING • ACCT 11170 176 $5100 ACCT 1 5133 -OFFICE SUPPLIES 613,601.00 $40,601.00 13,011.00 THE OFFIC.' SUPPLY BUDGET IS COMPRISED OF EXPENSES INCURRED FOR TRADITIONAL OFFICE SUPPLY ITEMS. TOTAL OFFICE SUPPLIES-ACCT 01113 66350300 AVCT0S136,FURNITURE EEOUI►MdNT 1161,501.00 (66,11100 (100,361,00 AN ASSET SCHEDULE APPEARS AT THE BACK OF THE BUDGET TOTAL FURNITURE6EGVIPMENT•ACCt5136 116050600 ACCT 1611%. OFFICE EQUIPMENT MAINTENANCI 111,57100 111,060.00 11111.001 ` e!AINTEWNCE OF ALL OFFICE EQUIPMENT EXCEPT FOR THE PERSONAL COMPUTERS THE PRIMARY COMPUI'A AND COMPUTER PERIPHERAL DEVICES ISCHAAGEO TO THIS ACCOUNT. THE EQUIPMENT INCLUDES TYPEWRITERS, COPIERS AND FORM BURSTERS WHEN THE COST TO REPAIR ! THE EQUIPMENT EXCEEDS THE COST OF REPLACEMENT. k THE ASSET IS REPLACED AND CHARGED 10 THIS ACCOUNT, I TOTAL OFFICE EQUIP MAINT • ACCT 1 6136 f+'! 571001 10 > T VIM i, ~ f ' <r 5x 32XIO o . >ow" o , ,ae,RM. .'i _ ,,t~:: br: p. >~y.«r.n.'!Y:LN..'rYT,:TYIpy 1; 5a.~xlvi,~P ayr;,rtyp rt:Y.^i, Page 4 EXPLANATION OF EXPENSES 1191 1911 INCREASE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT l5136.OATA PROCESSING MAINTENANCE 1110,131.50 1151,951.00 621,6T310 j THIS ACCOUNT 13 COMPRISED OF BOTH DATA PROCESSING HARDWARE AND SOFT1VARi 61AINtENANCE. BOTH ItEMS ARE CHARGED TO THIS ACCOUNT SO THAT THE TOTAL COST OF DATA PROCESSING WILL 8E SHOWN IN ONE ACCOUNT, THE PURCHASE OF A NEW MORE POWEVUL MAINFRAME COMPUTER AND INCREASED ANNUAL SUPPORT CHARGES HAS INCREASED THIS ACCOUNT SUBSTANTIALLY, HARDWARE RELATED $6206750 SCFTW'ARE RELATED S7 k5 00 TOTAL DATA PROCESSING MAINT -ACCI 01137 1110.631 50 ACCT0$137-MEMBERSHIPS, SUBSCIDUE$ 110,701.00 $12,130.00 112,121.001 tHiS ACCOUNT IS CHARGED FOR ALL MEMBERSHIPS A',D DUES. AND SUBSCRIPTIONS TO EDUCATICNAL MEDIA. TOTAL MEMBERSHIPS, BUBSC B DUES -ACCT 5131 110,70900 AC(t A 031- TRAINING - SCHOOLS. CONFERENCES 151,311.50 666,IT0.00 610,171,00 I TRAVEL TH13 ACCOUNT IS CHARGED FOR ALL ET`UCATIONAL RELATED tRAINWG AND TRAVEL THE TRIPS T,4 AUSTIN TO PROTEST THE COMPTROLLER OF PUBLIC ACCOUNTS PROPERTY TAX DIVI&ON VALUE FINDINGS ARE ALSO CHARGED 10 THIS ACCOUNT TOTAL TRAINING • ACCT 91171 $56.54500 ACCT 1$131 - POSTAGE A FREIGHT 171111.00 (71,116.00 11,605.00 THIS BUDGET ITEM IS COMPRISED OF THE FOLLOWING r, , REAPPRAISAL NOTICES Sib 75000 A SALES LETTERS 6 RETURN MAIL POSTAGE $95100 HCAIEStEAD VERIFICATI: J LtT'ERS $105600 HOMESTEAD ADVIAEMENT NOT(( ES $3 464 DO GENERAL CJAfA5,P3NDEI._'E 5600000 C E R T IF -ED MAILINGS 55 600 00 _ OTHER MAILINGS 1+ !1100 TOTAL POSTAGE A FREIGHT- ACCT 091)1 S'15:100, ' 6 _ 1 y M ~~I 11 r~ ;abYssrwtl' 2r).~~ 32 X~LJ e 1 Page 10 EXPLANATNSN OF EXPENSES 1901 1111 INCREASE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT a 5141 • LEGAL NOTICES S ADVERTISING 41.000.00 110000 (0.00 tHIS ACCOUN T IS CHARGED FOR ADVERTISEMENTS IN NEWSPAPERS CONCERNING EXEMPTION MATTERS SUCH AS HOMESTEADS. OVER 1S. DISABLED VETERANS. AND PRODUCTNITY VALUATION MATT ER 9. OTHER AOVERTISEMENTSMAVE 1000 WITH APPRAISAL REVIEW NOTICES MISCELLANEOUS CLASSIFIED ADVERTISING, AND INVITATIONS TO 910, 5000000 TOTAL LEGAL NOTICESiADV. -ACCT 01141 ' ACCT 81143 - ELECTRICITY, WATER. SEWER i SOLID WASTE {47,210.11 111110.12 151000.00 t' THIS BUDGET ITEM IS FOR THE DISTRICT'S CITY PROVIDEO UtILITIES. THE BUDOETEOAMCMINT091NCREASINGDUE TO THE BUILDING EXPANSION, TOTAL ELECT, WATER S SEWER -ACCT 01143 $17160.12 ACCT 01115-TELEPHONE 632,111 Is 110,111,17 12J11.71 THIS BUIIGEt ITEM IS FOR THE OISTRICt S TELEPHONE EXPENSE. LOCAL LINES 31 612 08 ! METRO LNES 36.65300 LONG DISTANCE CALI S 10.40000 I CONTRACTED MAINT4 ONCE 12.58000 REMOTE ACCESS 91,93000 COMPUTERrFAX LINES {1.100 .40 PHONES 6 EOUIPMENT 64,622.00 MISCELLANEOUS 166f.4 TOTAL TELEPHONE -ACCT86145 132.151 68 ACCT 4 $141-BUILOINO A GROUNDS MAINTENANCE 133.1450 1111s too VO $1.14500 w THIS BUDGET ITEM COMPRISES ALL BUILDING AND GROUNDS MAINTENANCE. THE EXPENSE TOWINTAIN THE A:R CONDITIONING - UNITS IS CAUSING THIS ACCOUNT TO REMAIN A' A SUBSTANTIAL LEVEL THIS ACCOUNT IS BEING INCREASED DUE TO ADDITIONAL YARD MAINTENANCE. THE CURRENT MAINTENANCE EMPLOYEE WILL NOT It REWIRED TO i MAINTAIN THE YAAOOUE TO INCREASEO RESPONSIBILITIES TO MAINTAIN THE 91JILDINO ADDITION ay 111 BUILOING MAINTENANCE 77000 ' (21 0ApUN09 MAINTENANCE tOtAL {LOO, & GROUNDS MAINT -lCCT 90111 1117 711 DO r 12 { 32 X I O s o , I :.•.c+,,..... ,;.r;_r._ R.n NwT';HN!V n'Y .~.nr: 1KS' I~r. ,f; r.3i w t ~.e,Sf. %Ir~1!#.. Page it EXPLANATION OF EXPENSES 1411 1101 INCREASE OR. CLAS$tFICATION BUDGE' BUDGET DECREASE i I ACCT 0 $116 • APPRAISAL REVIEW BOAR;, 10,000.00 171,2$0,00 NS,i50 00 r I THIS BUDGET ITEM IS CHARGED FOR PAYMENTS TO THE APB MEMBERS FOR WORK PERFORMED DURING THE NIA7,CATEO EQUALIZATION PROCESS. THE ANTICIPATED VALUE INCREASES FOR THE - UP 06II I NO YEAR WILL PROBABLY RESULT N _ INCREASED ARB ACTIVITY WHICH COULD CAUSE THIS ACCOUNT TO INCREASE. NOTE- THERE ARE THREE NEW MEMBLRS BEING BUDGETED FOR 1190. MAY, JUNE AND JULY MEETINGS $74000 00 FOUR SUPPLEMENTAL ALL DAY MEETINGS 17.20000 FIVE SUPPLEMENTAL HALF CAY MEETINGS SIM 00 TOTAL APPRAISAL REVIEW BOARD •ACCT 01116 $15.00000 ACCT 11152,COHTINOENCY $70,090.00 $61,000.00 65.000.00 THE FUNDS IN THIS BUDGET ITEM IRE APPROPRIATED FOR UNANTICIPATED EXPENOTURES. ALL ANTICIPATED EXPENDITURES ARE BUDGETED IN SPECIFIC ACCOUNTS, THIS ACCOUNT 19 BEING INCREASED DUE TO THE POSSIBILITY OF MAJOR LAWSUITS. FURTHER, THESE ARE A NUMBER OF LARGE COMPANIES MOVING INTO THE AREA THAT HAVE INVENTORIES THAT MAY REQUIRE CONTRACT APPRAISALS. WE ARE SIMPLY EXPERIENCING AN EVER INCREASING NEED FOR FUNDS DURING THE YEAR FOR ITEMS THAT WERE NOT SUOGETEO, TOTAL CONtING14CY•ACCT4$112 N0.00000 , ACCT 0 1151 • BUILDING i LAND PAYMENT (!1,011.00 111,011.00 10 00 THIS ACCOUNT 19 CHARGED FOR THE PAYMENTS ON THE APPRAISAL DISTRICTS BUILOIN13ANO LANG NOTE I TOTAL BUILOINO B LANO PAYMENT • ACCT 11167 159.OB6 00 ACCT 6 1154 -OUILDING S LAND IMPROVEMENTO 1121.000.00 IIIII'm 00 1700,000 00 ' THIS BUDGET ITEM IS r' MCED FOR VARIOUS BUILDING AND LAND IMPROYEV,NTS. .!y,! ItIAOOTOORIVEWkYANOPARKING SPACES 11400000 I • (2) ADO TREES AN( EUSHES FOR LANDSCAPING $1000001 171 REPLACE AIR CONDITIONING UNITS 51200000 171 REPLACE AIR C1 INDITIONINO UNITS 13" No 00 , tOTAL11111,00 ,BLAIIDIMP•ACC116154 $72100000 4 =r, 44 t • r, / n j r Jr r e ,1 ro i 1 % p. , ist'iR rtwanu r,wl w. ..«.1..w+N1YYa3W1•.•,::wRpSAWM0¢iFl~#6~a5.w~"y I ' Page 12 EXPLANATION OF EXPENSES 4 ` 1911 toll INCRUSE OR CLASSIFICATION BUDGET B DOET DECREASE ' ACCT 0SISS•MISCELLANEOUI; 10160.00 16.000.00 (100.00 i ITEMS THAT WILL NOT FIT WELL IN ANOTHER CATEGORY. (I IFILM A FILM PROCESSINO 61.200,00 ,...w (2) REIMBURSINOUNEMPLOYMENT 11,00000 I 13) MEASURING WHEELS AND TAPES 110000 I4IM uSCEItANE0U4 I tY TOTAL MISCELLANEOUS•ACCT0SIS1 10.000.00 ` I pr . ACCT 0 1164.OTHER A11ET1 16.00 1►00.00 11100.001 z THIS ACCOUNT IS USED TO PURCHASE MINOR ASSETS. r;^ TOTAL OTHER ASSETS • ACCTS 1101 000 • O EOO RAPHIC INFORMATION SYSTEM 160,000.00 1!0,000.00 10.00 ACCT 0 611? F THE FUNDS IN THIS ACCOU►' ARE FOR PAYMENTS ON THE GEOGRAPHIC INFOnMAT10N SYSTEM. o 3 T09ALGEOGRAPHIC INFO •ACCT 41141 $50,00000 , ACCT 01115 • GEOGRAPHIC OPERATIONS (16,000AO 1"'F10.11 1161,710.111 T!IE FUNOS IN THI S ACCOUNT ARE FOR 01 OPERATIONAL. EXPENSES , TOTAL GEOGRAPHIC INFO • ACCT 0list 40,D00 , r L_' f i 'F , r t s+ I. yt. it . F } n v r4 s ' ~ k h, 4 1 i .1 k' + E1 ti~~T.~(9alr'r 2' x /R I! r, ~'p,l a r~~ 32x1 ' O 1 , Y ~1..,. f lu, q; ,al tJYj d'O.iC 1 'A _ ..a:4 1999 BUDCET ALLOCATIONS WORKSHEET Pago 13 "ALL FIGURES APE ESMkTES % OF DENTON OUT OF 1999 1991 TOTAL COUNTY COUNTY BUDGET 2VRISDICTIONS TAX LEVY t 1_uf CHARGES CHARGES - ALLOCATI0IN5 SCI 1001. DISTRIC T5 $01 ARUYLEF:) S4,107,18999 1.4170'4 532,42219 53232:$4 502 AUBREY ISD $1,817,799.75 0.61714/ $2310183 523.:01 31 SOS DENTONISD (46,719,70)34 16.11804/0 $396,31568 $596,31365 Sol KRUM ISD 51,320,329 61 0.3143!4 $1 Jr.S 00 S19,405 0) SOS W-RDALLAS ISD 56,191,644,02 1.136 H4 519,.:' fl $79,02S :I $09 LEWiSVLLEISO $109,041,157.44 77.6186% $1791,76/.. 11,391.7684' SID LrTTLE ELM ISO $2,786,302.70 09613% $15.566.03 $35,566 U! S11 NORTHWEST ISD 119,804,709A2 6,8324//. 1252,78110 S63,656.00 1318.4)7 V, 512 PILOT POQTT ISD 52,668,571,07 0.9106% $14,060,81 511,146 JO $41106 8l 513 PONDER ISO 11,100,494. 1 8 0.17974/0 $14,046 M 514,046 16 r 514 SANGER ISD f~ 2,8'.dJJI 0990 VA $36,632.37 SC 11001. DISTRICTSTOSALS 5198,62814747 68525674 11.3)3.228.71 179,80200 S2.615.030'" it G01 DENTON COUNTY $ 7,230,73),09 12~y; X66 S0 11473,:016' CTTIES C26 CnYOFARGYLE 5411074.38 OAV0111; $5,1331) S3.25?:1 Col CITY08AUBREY, 5151,090.63 0.0511!4 $1,92847 $1.9284' ' I TOWN OF DARTONVILLE $91,024.19 0.0334/ti 51,23179 S I.:)6 3,4 o3 CITY Of THE COLONY $5,463190 31 1.&W% :69,131.13 $69,131 7) C04 TOWN OF CORINTH $1,164,06$01 06096% $22,515.97 $22.515 9' C27 TOWN OF COPPER CANYO S94,363.7S 00326!4 $1,104,4) $1.2041? C05 CTTYOF DEMON $11.358.41329 39196% $144,973.61 $144.97561 ~ 00 CTTYOF DOUBLE OAK $300.84414 0.1038!$ $3.83981 $3,839.88 C07 CITY OF FLOW°.R MOUND $9.120,064 It 3.146414 $116.405 64 1116,4064 C22 TOWN OF HACKBERRY $12.336 33 O.OOSJ% $151,46 $157.46 C V9 TOWN OF ITICKOPY CREE $136,071,62 0,1) 594/4 54.289 51 14,2$9.$1 C08 CITY OF100IMNDVLO. 53,960,601.34 1.3654% $30.55195 550.351.95 Coq CITY OF AnTIN S167.17037 0 0577% 92.133 71 11.133.71 CIA CrrYor KRUGERVTLLE $19,6)3.93 00117% 5503.88 150581 ~.I CIO cnYOFKRUM SI11,21381 0,03845; $1,420.26 51.41026 C11 CrTY OF LAKE DALLAS 5188,79157 0.1720'/. $10,062 87 510,06:1' C25 CITY OF LAKEWOOD VTLO $47,622 56 0.0164!; $601.81 5607 11 C11 CrTYor LEWISVILLE 513,517,)2162 4.6841!4 5113,296,68 102.00 $173.39166 CIS CTTYOFLITTLE ELM $217,64901 0.0113!4 $2.903.64 52.90564 51019) C21 Cr1YOF M.&RS11ALLCRK 57,966.76 00026°4 510191 C?) CrTYOFNORH(.AKE 560.696.65 0,0209% $114.71 577471 c2J cr15 OF OAK POINT $219,78) $0 0.0751"1. $2.80123 52,805 1' . C14 CITY OF PILOT POINT 5451,15) 69 0 1$394; 15,166 04 $5.16604 • CIS CITY OFPOFMER $24,01651 0uW6; $307.3) 110'31 co crTY of ROANOKE $397,611,30 0 13720; $5,015.00 $5A75 140 C 16 CITY OF SANGER 501.471.15 0 1415'14 55,494,41 $5,494 4: c2 ti clrYormorHYCLU13 SSIA15. 7~ 146 04 518.069.74 I Cri 5 fOT,Wl; 01,04 M1.419 $4 102.11) t$ 32 x i n , t ~ r , . i iAA111.M , `1 1 ~ d.Q.w°',' -V hNYil' lL..., SA%1°q, 4 1999 BUDGET ALLOCATIONS WORKSHEET Page 14 !S OF DENTON OUT OF 1999 1997 TOTAL COUNTY :OUNTY BUDGET UMDICTIONS TAX LEVY 1EV[E _ CHARGES CHAAGE$ ALLOCATIONS SPCC:^L DISTRICTS. W04 CLEARCREEK WATERSHED 3? AVMORITY S18,923.49 0.0063% 1241,33 f221 W07 COR1N•THMVD $223,434.37 007703 S2,65ISS 52.631 S! F01 DENTONCOUNTYME DISTRICT 561,62002 0.02234 S769,o$ 51690! L01 DENTON COUNTY LEVY D4pROVEMEM DIST I1 $99,817.67 0,0344% $1,1402 11,17204 W03 TROPHY CLUB MUD II 5578,211,69 0.199354 $7,380.69 $1,380.61 RUD DEMON COUNTY ROAD A UTRTTYDL9TIUCT01 $881,247.23 0.30404 $11,241,97 311,221,9' W03 TROPHY CLUB MUD 11 $890,237.02 03011% $11.361.71 531718 $11.71024 ' W10 DEMON CO FRESH 00726,14 $2 3 f 1.684 6? $210.333 53 WATER DIST I IS i SPECIAL DISTRICTS TOTALS $2.964.086 ,22 10226% $37 631.61 $327.71 MAIO 0 GRAND TOTALS $219,660,02964 100.00009. f3.699.b61.6S 560.1Sk,1i 53.719.932.23 r, I L I j r • , L, ,~Lf ~ q 1 I 1 / 7'. ~L~` 91.3^?+r "I 7T L x i . O1;'..::,. . an'n ,au .+r rR:J'"PAPf WW'.ik.,.i "g37•F}~S~M ;Ff 'l,a"~V".:•. 1~ 'Ik'Pi R'~'Rl' Page 15 5`134-ASSET 07.13 1999 CAPITAL EXPENSES UNIT DEPT. DESCRIPTION QUANTITY PRICE TOTAL (1) DEPT. 1 -ADMINISTRATION DEPARTMENT ASSETS I' (A) OFFICE CHAIR FOR SUPPLEMENT & AGENT FORMS I $300,00 $30000 MANAGER (B) SWIVEL CHAIRS ON CASTERS FOR ARB MEMBERS 12 $30000 $3.600.00 (C) FOLDING TABLES AND STACKING CHAIRS FOR ARS I 31,000A0 31,000, D0 /r (0) MAILING EQUIPMENT I $6215,00 56,21500 (2) DEPT. 2 • COMMERCIAL DEPARTMENT ASSETS (A) FOUR DRAWER, 12-WIDIS. LATERAL FILE CABINET I 5500.00 3500.00 (B) DESK I 3700.00 $100.00 I (3) DEPT. 3 • PERSONAL PROPERTY DEPARTMENT ASSET! ;Z (A) FOUR DRAWER FILE CABINET 1 $175.00 311500 ! 111 k, (q DEPT. i • RESIDENTIAL DEPARTMENT ASSETS (A) FOUR DRAWER FILING MINI .TS 1 $300.00 5120000 (9) CHAIRS FOR APPRAISERS 6 SUPPORT CLERKS i 3300.00 $1200.00 I • 0 (C) DESKS FOR APPRAISERS 6 SUPPORT CLERKS 1 $100,00 61,60000 1 (D) PHONES FOR APPRAISERS S SUPPORT CLERKS 1 3250,00 51,000,00 1 (El 35mmCAMERA 1 3160,00 S1B0.00 (F) SIX SHELF BOOKCASE 1 $350.00 335000 v ~.v v 17 2 c5) lo 1 1 r ' l i ...b~Y.r_,d AJ4 a..~a<:. . tii . s ♦'hVii~+JCrvs'N,^PS,i~"•4}Y1149h'PP6G~EP:~"!17(A!ti€r"~,79':?',"$t71%'~ia'dl~! ~ R'~M. IA4 Page 16 1999 CAPITAL EXPENSES UNIT DEPT. DESCRIPTION QUANTITY PRICE TOTAL r' (5) DEPT. $ • DATA PROCESSING DEPARTMENT ASSETIS (A) IBM RS/6000 MODEL 570 OR COMPARABLE COMPUTER WITH OPERATING SYSTEM AND APPLICATION SOFTWARE THIS IS A ;-YEAR LEASE PURCHASE ITEM. THE AMOUNT BELOW WILL APPEAR IN THE BUDGET FOR FIVE YE 1 $99,875.00 $90.67600 (B) PERSONAL COMPUTERS WIIT MONITOR $ SOFTWARE FOR RESIDENTIAL DEPT. 5 33,000.00 $17,000,00 a (C) PERSONAL COMPUTER 017' MONITORB SOFTWARE FOR LAND DEPT. 1 $3.000,00 1300.00 ID) LASER PRINTER FOR RESIDENTIAL DEPARTMENT. 1 12.50000 12,500.00 (E) I7' COLOR MONITOR FOR DIRECTOR OF ADMINIST I 17D0,00 1700,00 (F) PERSONAL COMPUTER, MONITOR 8 SOFTWARE FO 1 $3,000.00 $3,000.00 SYSTEMS ANALYST (0) CHAIR FOR GIS SYSTEMS ANALYST 1 $300,00 1300.00 (H) DESK FOR GIB SYSTEMS ANALYST 1 $100.00 1400 00 E (q PHONE FOR GIS SYSTEMS ANALYST 1 1250.00 1250,00 ! . I 1,, (4) DEPT,S - APPRAISAL SUPPORT DEPARTMENT ASSETS (A) COLORCOPIERMSER PRINTER 1 $17,000,00 III I 0,00 (T) DEPT. 7 • MAPPING DEPARTMENT ASSETS (A) PLANHOLD PLAT CABINET 1 63.50000 13.500.00 • I r (1) DEPT. 1 - LAND DEPT. ASSETS (A) OFFICE DESK 1 1100 DO 1400,00 (B) CHAIR FOR APPRAISER 1 $300,00 1300.00 f (C) PHONE FOR APPRAISER 1 1250.00 5230,dO r, 1 I Y 1 , log. s. 25 x 32 x Mop f I 5 . I0 1 .T s i ;i, kt-1L.J:4Wl :~c4tl10S~sfkrs•. IM,.....r, c.Nr•ewz l.n •i~9#L~~h'13~G"C,YIt~Nt.R~S.~7LA~7YT~R"+'J~7M7Y~I'f/M ~ >'71.ry I Page i7 .1 c 1999 SALARY SCHEDULE t 1999 I r' 1 , ~ . . TITLE SALARIES F I' ADMINISTRATIVE DEPARTMENT; CHIEF APPRAISER $71,437.18 DEPUTY CHIEF APPRAISER S58.14688 DIRECTOR OF ADMINISTRATION $56,422,69 OFFICE MANAGER $38,027,80 ADMINISTRATIVE ASSISTANT $38,027.60 SUPPLEMENTS d AGENT FORMS MANAGER $34,768.36 MAINTENANCE EMPLOYEE $18.359.68 COMMERCIAL PROPERTY DEPARTMENT; APPRAISAL SUPERVISOR•COMMERCIAI. PROPERTY $49,680,12 SENIOR COMMERCIAL APPRAISER $35,535.22 i' COMMERCIAL APPRAISER 532,138.00 COMMERCIAL APPRAISER $32,138.00 COMMERCIAL APPRAISER $26,922.40 INFORMATION SPECUILIST•COMMERCIAL PROPERTY $21,424.00 A,PDRAISAL SUPPORT CLERK WADI 60 FILING CLERK (PART-TIME) $5.356,00 LAND DEPARTMENT: C APPRAISAL SUPERVISOR • LAND $52,406.46 SENIOR LAND APPRAISER 537,492.00 LAND APPRAISER 532,136.00 LAND APPRAISER $32,136.00 FILING CLERK (PART-TIME) $5,35800 { PERSONAL PROPERTY DEPARTMENT; APPRAISAL SUPERVISOR-PERSONAL PROPERTY 849,650,12 SENIOR APPRAISER-PERSONAL PROPERTY $35,63822 PERSONAL PROPERTY APPRAISER $32,136,00 1 s1 PERSONAL PROPERTY APPRAISER $32,138.00 PERSONAL PROPERTY APPRAISER $32,13800 I • { APPRAISAL SUPPORT CLERK 1 $21,691.60 i 1 1. w i t 19 n F f~~' x lt..l,. 32x s - sss.we. . u JOEFIF:NSHAREDIADMIfABUDGET199BUDGTIFOR CITY OF DENTON COMPARISON OF 1997 ACTUAL EXPENSES AND THE 1996 61999 EXPENSE BUDGET 1997 1996 1999 ACCT ACCOUNT TITLE ACTUAL BUDGET BUDGET 5117 SALARIES S1,344,837.06 $1,550,506,59 $1,838,982.94 5119 SOCIALSECURITY(FICA) $97,887.59 $113,33835 3134,48413 5120 GROUP HEALTH INSURANCE 5147,786.28 5159,000.00 $188,100.00 5121 RETIREMENT(TCDRS) $60,05323 $88,857,17 $118,103.10 5123 LONGEVITY PAY $32,011.74 $41.070.00 $42,690.00 5124 AUTO EXPENSE REIMBURSEMENT $115,729.52 $135,216.83 $154,210,50 5125 WORKERS' COMP INSURANCE $8,629.13 $19,238.78 $22,274,39 5128 GENERAL INSURANCE $14,790.31 $18,619.00 $19,166 Q0 ~l 5127 AUDIT $5075.00 $5,500.00 $5,750,00 5128 LEGAL SERVICES $223,974.70 $145,000.00 5160000.00 5129 OIL, GAS, HEAVY INDUSTRIAL, AND LIT I LITY VALUATION $26,180.00 $28,000.00 $39,700,00 5130 DEEDS, SALES, AND VALUE INFORMATION $29,120.33 $38,605.48 $47,75538 5132 PRINTING SERVICE $56,459.23 $65,438.00 $76,551.00 5133 OFFICE SUPPLIES $40,351.24 540.40800 $43,503.00 5134 FURNITURE 8 EQUIPMENT $44,978,39 $44,15500 $166,506.00 5135 OFFICE EQUIPMENT MAINTENANCE $8,80231 $17,090.00 $18576.00 5136 DATA PROCESSING MAINTENANCE 394,537494 5111,958,00 $140,631.50 5137 MEMBERSHIPS, SUBSCRIPTIONS 8 DUES $11,036,38 $12,830 OD $10,709.00 5138 TRAINING • SCHOOLS, CONFERENCES, AND TRA $31,90415 $45,970,00 558545.00 5139 POSTAGE & FREIGHT $58,28148 $77,118,00 578,52300 5141 LEGAL NOTICES R ADVERTISING $5,321.55 $6,000.00 $8,000.00 5110 FLFCTRICITY, WATER, SEWER, 8 SOLID WASTE $26,781.18 $42,260.12 $47,260.12 5145 TELEPHONE $23,114.35 329,191.93 $32,159.65 5146 BUIL0NG & GROUNDS MAINTENANCE $20,534.23 $25,600.00 $33,74500 5148 APPRAISAL REVIEW BOARD $32,504.65 $29,250.00 $45,00000 45152 CONTINGENCY $0.00 $65,000.00 $10,00000 5153 BUILDING 8 LAND PAYMENT $59,088.00 $59,088,00 $59,08800 5154 BUILDING 8 LAND IMPROVEMENTS $29,982,00 $29,000,00 $329.000,00 5155 MISCELLANEOUS $3,493,52 s8,20000 $6,900,00 5156 OTHER ASSETS $597.00 $700,00 $0.00 5157 GIS DEBT PAYMENTS $62,760.57 550,000.00 $50,000.00 5163 GIS OPERATIONS $0,00 $84,77000 _ $40,000.00 • T01AL 52,714,58904 53,184,975.25_ o~07A,934.44 1 j 'NOTE: Expenses are not charged directly to Acct 05152. CONTINGENCY. Actual expenditures ere charged to the correct acxunt. The Conlmgonc, acrount Is in place to provide funds for unanticlpattd expenses 'w . 20 - ' 1ih ~r i c 32x1® 0 { I_ RESOLUTION NO. A RESOLUTION OF THE CITY OF DIlNTON, TEXAS, APPROVING THE 1998-99 BUDGET OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the 1998.99 proposed budget of the Denton Central Appraisal District was submitted to the City of Denton before July 10, 1998; and WHEREAS, the Denton Central Appraisal District adopted this proposed budget on July 9, 1998; and l WHEREAS, the proposed budget contains a list showing each proposed position, the proposed salary for the position, all benefits proposed for the position, each proposed capital expenditure, and an estimate of the amount of the budget that will be allocated to the City of Denton, Texas; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION L That the City Council, pursuant to Article 6.06 of the Texas Tax Code, approves the 1998.99 budget adopted by the Denton Central Appraisal District. SEC HON 11, That this resolution shall become effective immediately upon its passage and approval, PASSED AND APPROVED this the day of '1998. JACK MILLER, MAYOR ATTEST; JENNIFER WALTERS, CITY SECRETARY j B Y: li APPROVED AS TO LEGAL FORM: HERBERT L, PROUTY, CITY ATTORNEY • _ 0 B5': - ~ J{II L.w,Jut{n LULJw d<mmulladwm vl.mnd ygroiul lnrtl~bm4n hr ' r 21 25 K ❑ 32' : ❑ mom.. 0 9 AgciidaW Agenda Ite7~ _ Date AGENDA INFOANIATION SHEET AGENDA DATE-. August 4, 1998 I DEPARTMENT: Finance Administration ACNI: Kathy DuBose SUBJECT - A RESOLUTION VOTING FOR A MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1 DISTRICT; AND DECLARING AN EFFECTIVE DATE. BACKGROUND The Denco Area 9-1 -1 District created in 1987 is governed by a board of r tanagers. The board is appointed by the county, participating cities and the Denton County Fire Chiefs Association. Board members sere staggered two year terms and are eligible for reappointment. The Emergency Telephone Number Act states; "the board shall nianage, control and administer the district. The board MaY adopt ndes for the operation of the district. " The Board of Managers is comprised of the following it dividuals, i Board Member Represents Chief Gcorge R, (Randy) Corbin, Chairman Denton County Fire Chiefs As.ociation DT. Allen Groff, Vice Chairman Denton County Commissioners Court Mayor Olivc Stephens, Secretary Participating Cities C'hicf bon Franklin Participating Cities Robert 1). Stephens Iknton County Commissioners Court Melvin Willis G'I E, Advisory A This yc • ie term of Police Chief Don Franklin expires on September 30, 1998 (see • attached letter). The City Council ominatcd David Fowler, Assistant Police Chicfof LcNk isvillc, for election to the Board of Managers (see atlachcd letter). FSTINIATFD SCHEDULE OF PROJECT (1fapplleable) T he Denco Area 9-1 -1 requests each participating city to vole for one of the nominees • and advise the district of its selection prior to October], 1998„ The nomi,iee with the 70 • mast eotes will be the municipalities' representative to the Denco Area 9-1 .1 District Board of Nlanagcrs for the t Ao-year term beginning October 1, 1998, 1 1% Al 0 Mama .,..y,w ♦r rsrrr.. »....v n d.a wMfi.vJynww~lwswkw,a-rt .w+w. ewwn.nnr.,..~. rw: ~ ~ r , PRIOR ACTIONIR VF EW (Council, Boards, Commissions) On June 16, 1998, the City Council approved a resolution to nominate David Fowler (see u 4 attached resolution) as a member to the Board of Managers of the Denco Area 9-1-1 district for a 2-year temt to commence October 1, 1999. H C&L1NF12R AM TION 1 This resolution has no fiscal impact. Respectfully submitted; 1 j Kathy DuBose t Assistant City MAnager I r f 1 a , t n t 1 i; 1 r f. yl ~ s• 2 111 P/ill ~~J L ~ j , f 1 32. 13 o w 0 DENCO AREA 9-1-1 DISTRICT f:~G ,[t P.O. Bow 293068, LawimAlls, Texas 75029.305E "*n&rrW: 972.221-0911 * FAX: 972420-0709 6 Waboaga: www.denco.org TO: f ayors of Cities In Dent6n County FROM: Mike Pedigo, Executive Director DATE: May 13, 1998 RE: Appointment to the Denco Area 9-1 -1 District Board of Managers Chapter 772, Texas Health and Safety Code, provides for the Denco Area 9-1.1 District Board of Managers to have "two members appointed jointly by all the participating i municipalities located in whole or part of the district", i Each year the'erm of one of the two members appointed by participating municipalities expires, This year, the term of Police Chief Don Franklin expires September 30, %98. Chief Franklin has asked not to be reappointed. In order to coordinalo the appointment among 33 participating munlcipalities, the district requests the following actions by the governing bodies of each city: 1. If yuur city wo,jid like to nominate a candidate to represent the municipalities on the Denco Board of Managers, please send a letter of nomination and/or ft3sum4l of the candidate to the Denco Area 9.1.1 District office by July 10, 1998, 2. On July 13th, the district will send copies of nominations to each city for consideration, requesting the city to vote for nne of the nominees, 3. At its September 24, 1998 board meeting, the Denco Board of Managers will count the votes from responding cities. The candidate with the most votes will be the municipalities' representative to the Denco Area 9.1.1 District Boar. of Managers for the two-year term beginning October 1, 199ft. Please mail nominations and rAsumAs to the Denco Area 9.1.1 District, P.O. Box 293058, Lewisville, TX 75029.3058. If you have any questions, please do not hesitate to call me At 972.221.0911. Q ' Thank you for your sjpport of the Denco Area 9.1.1 District. cc Denco Area 9.1.1 District Board of Managers 10?6 Prlnaton Street, Lewisville Texas 750Q7 3 32X~❑ 0 i I RESOLUTION NO. A RESOLUTION NOMINATING A MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9-1 .1 DISTRICT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the term of office of Police Chief Don Franklin, a member of the Board of Managers of the Denco 9.1.1 District, will expire on September 30,1998; and WHEREAS, Article 1432e, Section 5, V.A.C.S. provides that two voting members of the ti Board of Managers of an Emergency Communication District shall be appointed jointly by all cities and towns lying wholly or partly with the district; and f WHEREAS, the City of Denton, Texas wishes to nominate a member to said Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY RESOLVES, SECTION 1 That the City of Denton. Texas hereby nominates David Fowler as a member to the Board of Managers of the Emergency Communication District of Denton County for a two year term to commence October 1, 1998, SEC1ION 11, That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 16 day oK '1998. JA LER, MAYOR x. I.` ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: 0 { HERBERT L. PROUTY, C11 Y ATTORNEY 4j B Y 4 2 S 3'X 13 0 i assnr DENCO AREA 9-1-1 DISTRICT I, • P. 0. Boa 293056, L"o-01a, Texas 75029.3056 Phom&(M: 972.221-0911 * FAX: 972-420-0709 - Webpegs: WWW,denco org k ~ To: Mayors of Cities in Denton County From: Mike Pedigo, Executive Director Date: July 13, 1998 Re, Appointment to the Denco Area a-1.1 District Board of ,r On May 13, 1998, the Denco Area 9-1 -1 District requested participating cities to nominate a representative to the district board of managers. The following , nominations were received by the July 10, 1998 deadline: deg City Making Nomination David Fowler City of Lewisville j Harlan L Jefferson Town of Flower Mound i Jason L. Pierce City of Aubrey City of Pilot Point The Denco Area 9.1.1 requests each participating city to vote for one of the candidates and advise the district of Its selection prior to October 1, 1998 Please send a copy of the resolution or minutes recording council action, Enclosed is a sample resolution you may wish to use. Also enclosed is a copy of the May 13th memo outlining the process. Please mail your response to Denco Area 9.1-1 District, PA. Box 293058, 1 I Lewisville, TX 75029-3058 or fax it to 972-420-0709, { Thank you for your support on the Denco Area 9.1.1 District. 1075 Princeton SaeeL Lewiwrlls, Texas 75047 S 32x1 1 rk 4 1 , 4 i' r O 1 n. -,J' AFm... . w,wti - nrs3. iwn. rrvml«.n w w-...wwr r. ..i..... ~ ..c... RESOLUTION NO. A RESOLUTION VOTING FOR A MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9.1.1 DISTRICT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the term of office of Police Chief Don Franklin, a member of the Board of Managers of the Denoo 9-'.l District, will expire on September 30,1998; and WHEREAS, Section 772.306 of the Texas Health and Safety Code provides that two voting members of the Board of Managers of an Emergency Communication District shall be appointed jointly by all cities and towns lying wholly or partly with the district; and WHEREAS, the City of Denton, Texas wishes to vote for a member to said Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY RESOLVES; SECTION 1. That the City of Demon, Texas hereby votes for _ as a member to the Board of Manager. of the Emergency Communication District of Denton County for a two year term to commence October 1, 1998, ,UCTION II. That [his resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the - day of --.1998. \ JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY ! 13 Y: L APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY A ' EY BY: _ 00'e4 j, OL04 D'11 n h M W VII ,-v A memM d. 1 i . % G I 3L, i. ur'`r v`e' "l5 x ~ 32X • I AVOW o E -UON,» Agenda No Jy Agenda Ite Date _ ~ li AGENDA INI ORMATION SHEET i AGENDA DATE: August 4, 1998 DEPARTMENT: Finance CM/DCM/ACM: Kathy DuBose, Assistant City Manager of Finance SUBJECT - An ordinance authorizing the issuance, sale, and delivery of City of Denton Utility System Revenue Refunding Bonds, Series 1998B, and approving and atthorizing instruments and procedures relating thereto; and providing an effective date, BAC GROU b In conjunction with the Utility System Revenue Refunding, Series 1998A, the City's financial advisors, First Southwest, also rexomtneod that the City refund portions of outstanding revenue bonds for Series 1989 and 1992. The approximate amount to be refunded is $7,623,000. The City's Debt policy slates that refundings will be considered if present value savings are at least 3.5%. This refunding is estimated at a 5.892% present value savings (present value is the value or a future amount in current dollars). As this is an advanced refunding, the City will negotiate this sale. PRIOR AC'TIONIREUE~Y (Council, Boards, Commissions) This has been reviewed and approved by the Debt Management Committee. The Committee also proposed that the City negotiate the sale with underwriters on the basis of their support in past City of Denton competitive bond sales, i FISCAL INFORMATION . The Utility System Revenue Refunding, Series 1998B, will require an annual debt i service payment estimated at approximately $677,550, which will save the City about $607,117 over the life of the debt, i Respect lly sub tilted: ,~65j1 tans O.Orliz ~ Director of Fiscal Operations - rt 7 2 5:CJ 3 2x10 • 0 n - ORDINANCE N0. 98•_ OKDMANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON UTILITY SYSTEM REVENUE REFUNDING BONDS, FERIES 1998B, AND , APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON WHEREAS, the City of Denton, Texas. heretofore has duly issued the following revenue bonds, i City of Denton Utility System Revenuc Bonds, Series 1988, dated August 1, 1988; II City of Dvmton Utility System Revenue Bonds, Scnes 1989, dated October 1, 1989, City of Denton Utility System Revenue Bonds, Series 1992, dated March 1, 1992; City of Denton Utility System Revenue Bonds, Scnes 1993, dated March 1, 1993; City of Dcnlon Utility Systcm Revenue Refunding Bonds, Series 1993•A, dated Juno 1, 1993; City of Denton Utility System Rc%cnue Refunding Bonds, Taxable Series 1993•B, dated June 1, 1993, City of Denton Utility Syslcm Rnenuc Bonds, Series 1996, dated May 1, 1996; I City of Denton Utility System Revenuc Refunding Bonds, Series 1996A, dated May 1, 1996; 1 City of Kenton Utility System Revenue Bonds, Scries 1998, dated March I % 1998; City of Dcnlon Utility Systcm Rcvunue RcNndtng Bonds, Series 1998A, dated July 13, 1998; and City of Denton Utility System Revenue Refunding Bonds, Series 19989, dated August 1, 1998; r NTIEREAS, the City Council of the City of Denton deems it necessary and advisable to refund the following revenue bonds, • City of Denton Utility System Revenue Bo+jds, Series 1989, dated October 1, 1989 scheduled to mature on December 1 much of the )cars 2006 through 2009, aggregating $4,400,000 in principal amount, and City of Denton Utility Systcm Revenue Bonds, Series 19W dated March 1, 1992 scheduled j P i to mature on December 1 in cash of the )can 2006 through,. .4, aggregating $2,740,000 in 0 , principal amount (col Iectivcly, the "Refunded Bonds") in the aggregate principal amount of $7,140,000); and 32 x~~ ~r 1, 7 Q now" . I WHEREAS, the City Council of the City of Denton deems it necessary and advisable to Authorize, issue, and deliver the additional Utility System Revenue Bonds hereinafter described to refund the Refunded Bonds, and WHEREAS, the Series 1998B Bonds hereinafter authorized and described are to be issued, sold, and delivered pursuant to Vernon's Ann. Tex, Civ. St. Art 717k, the City's Home Rule Charter, and other applicable laws, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Section I. AMOUNT AND PURPOSE OF THE BONDS, The bond or bonds of the Issuer are Facreby authorize" to be issued and delivered in the aggregate principal amount of $7,620,000 FOR THE PURPOSE OF OBTAINING FUNDS REQUIRED TO REFUND $7,140,000 IN AGGREGATE PRINCIPAL AMOUNT OF CITY OF DENTON UTILITY SYSTEM REVENUE BONDS, AND SHALL BE DESIGNATED "CITYOFDENTONU71LITy'SYSTEMREVENUE REFUNDING BONDS, SERIES 199813" (THE "SERIES 1998B BONDS") Section 2. DESCRIPTION OF THE BONDS. (a) With respect to the Series 199813 Bonds, initially there shall be issued, sold, And delivered hereunder a single fully registered bond, %ithrwt interest coupons, payable in installments ofpruieipal (the "Initial Series 1998B Bond"), but the Initial Series 19980 Bond may be assignod and transferred and/or converted into and exchanged for a like aggregate principal amount of fully registered bonds, without interest coupons, having serial maturities, and In the denomination or dcnom nations , of 55,000 or any integral multiple of 55,000, all in the mawr hereinafter provided. The term "Series 199813 Bonds" as used in this Ordinance shall mean and include i;ollccliveiy the Initial Series 1998E Bond and all substitute bonds exchanged therefor, as well as all other substitute bonds and replacement bonds issued pu. suant hereto, and the terrr, "Series 19988 Bond" shall mean any of the Series 19980 Bonds (b) the term "Iritial Bond" as used in this Ordinance shall mean and include collectively the Initial Series 19988 Bond, the term "Bonds" as used it, this Ordinance shall mean and include eollectivcly the Initial Bond and all substitute bonds exchanged therefor, as A ell As all other substitute bonds and replacement bonds issued pursuant hereto, and the term "Bond" shall mean any ofthc Bonds Section 3, INITIAL DATE, DCNOMINATION, NUMBER, MATURITIES, INITIAL REGISTERED OWNER, AND CHARACTERIS TICS OF THE INITIAL BONDS, (a) The Initial Series 19990 Bond is hereby authorized to be issued, sold, and delivered hereunder as a angle fully registered Bond, without interest coupons, dated AUGUST 1, 1998, in the denomination and aggregate principal amount of $7,620,1H10, numbered R• I, payable in annual installments of principal to the initial registcred owner thereof, to-u it SALOSION SMITH BARNEY, as representative of the Underwriters or to the registered assignee or Assignees of said Series 19988 Bond or any portion or portions thereof (in each case, the "registered oµner"), with the annual installments of principal of the Initial Series 1998B Bond to be payable on the dates, respectively, and in the principal amounts, respwjvcly, stated in the FORM OF INITIAL O SERIES 19980 BOND set forth in this Ordinance, (b) 71c Initial Bond (i) may and shall be prepaid or redeemed prior to the scheduled due data of installments of principal thereof, (ii) may be assignrd and transferred, (iii) may be eonverlcd and exchanged 2 1. i f ° r. i. "r r r " ' O i is ays~ao-arr i ` V for other Bonds, (iv) shall have the chara:teristics, and (v) shall be signed and sealed, and the principal of and interest on the Initial Bond shall be payable, all as provided, and in the manner required or indicated, in the FORM OF INITIAL SERIES 1998B BOND set forth in this Ordinance Section 4. INTEREST The unpaid principal balance of the Initial Bond shall bear interest from the date of the Initial Bond to the respective scheduled due dates, or to the dates of prepalmcm or redemption, of the installments of principal of the Initial Bond, and said interest shall be payable, all in the manner providod and at the rates and on the dates stated in the FORM OF INITIAL SERIES 19998 BOND set forth in this Ordinance Section S. FORM OF INITIAL SERIES 19998 BOND The form of the Initial Bond, including the form of Registrstion Certificate of the Comptroller of Public Accounts of the State of Texas to be endorsed on the Initial Bond, shall be substantially as follows, FORM OF INITIAL SERIE.j1998D BQ D l• N0. R.1 $7,620,000 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY Of DENTON I CITY OF DENTON UTILITY SYSCEM REVENUE REFUNDING BOND SERIES 1998B THE CITY OF DENTON, in Denson County, Texas (the "Issuer"), being a political subdivision of thr, 5tue of Texas, hereby promises to pay to { SALOMON SMITH BARNEY, II as representative of the Undcrwritcrs or to the rgistered assignee or assignees of this Bond or any portion or portions hereof (in each case, the "rogistcmd owner") the aggregate principal amount of $1,620,000 (SEVEN MILLION SIX HUNDRED TWENTY THOUSAND DOLLARS) • in annual installments of principal due and payable on December 1 in each of the years, and in the respective principal amounts, as act forth in the following schedule { PRINCIPAL PRINCIPAL > ' YEAR .AMOUNT YEA$ AMOUNT r: ;~rat v, 3 i , Cl 32 x~~" s ' I - o k I and to pay interest, from the date of this Bond hcreinafter stated, on the balance of each such installment of principal, respectively, from time to time remaining unpaid, at the rates as follows: per annum on the above installment due in _ per annum ca rite above installment due in - per annum on the above installment due in _ per annum on the above msullmtmt due in _ per annum on the above installment due in _ per annum on the above installment due in _ per annum on the above installment due in _ per annum on the above installment due in - per annum on the abov c installment due in _ per annum on the above installment due in - per annum on the above installment due in u per annum on the above installment due in _ with said interest being oayable on December I, 190 and semiannually on each June I and December 1 thereafter while this Enna or any portion hereof is outstutding and unpaid. Said interest shall be calculated on the basis of a 360-day sw composed of twelve 30-day months. i THE INSTALLMENTS 9F PRINCIPAL OF AND THE INTEREST ON this Bond are payable in laµful money of the United States -)f America, without exchange or collection charges The installments of principal and the interest on this Eond are payable to the registered owner hereof through the services of CHASE BANK OF TEXAS, NAT'ONAL ASSOCIATION, DALLAS, TEXAS, which is the "Paying AgcnURegistrar" for this Bond. Pa%ment of all principal of and interest on this Bond shall be made by the Paying AgcnURegistrar to the registercd owner bercofon each principal and/or interest payment date by check, dated as of such date, drawn by thr Paying Agent/Registrar on, and payable solely from, funds of the Issuer t cqulrod by the ordinance authorizing the issuance of this Bond (the "Bond Ordinance") to be on deposit with the Paying AgcnURegistrar for s'ich purpose as hereinafter provided, and such check shall be sent by the Paying Ar.nt/Registrar by United States mail, first-class postage prepaid, on each such principal and/or interest payment date, to the registered owner hereof, at the address of the registtred owner, as it appeared on the 15th day of the month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying AgcnURegistrar, as hereinafter described, The Issuer covenants with the registcred owner of this Bond that on or before each principal and or interest paymcnt date for this Bond it will make available to the Paying AgcnURegistrar, from the "Inter.al and Sinking Fund" maintained pursuant to the Bond Ordinance, the amounts required to provide for the paymcnt, in immediately available funds, of all principal of and interest on this Bon& when due. I• IF THE DATE for the paymcnt of the principal of or interest on this Bond shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where the Paying Agent/Rcgittrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close, and payment on such date shall have the same force and effect as if made on the original • date paymcnt was due. , O • J~W III;S BOND has been authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of $7,620,000 FOR THE PURPOSE OF OBTAINING FUNDS REQUIRED TO REFUND $7,140,000 IN AGOREGATE PRINCIPAL AMOUNT OF CITY OF DENTON UTILI'T'Y I SYSTEM REVENUE BONDS. k ' 32x 0 i s ' o i ON DECEMBER 1, 2008, or on any date whatsoever thereafter, the unpaid installments of principal of this Bond may be prepaid or redeemed prior to their scheduled due dates, at the option of the Issuer, with funds derived from any available source, as a whole, or in part, and, if in part, the particular portion of this Bond to be prepaid or redeemed shall be selected and designated t; the Issuer (provided that a portion of this Bond may be redeemed only in an integral multiple of $5,000), at the prepayment or redemption price of the par or principal amount thereof, plus accrued interest to the date fixed for prepayment or redemption, AT LEAST 30 days prior to the date fired for any such prepayment or redemption a written notice of such prepayment or redemption shall be mailed b y 4.. Paying Agenl/Registrar to the registered owner hcrcof By the date fixed for any such prepayment or redemption due provision shall be made by the Issuer with the Paying AgcnVRcgistrar for the payment of the r Nuired prepayment or redemption price for this Bond or the portion hereof which is to be to prepaid or W,,vmcd, plus accrued interest thereon to the date fixed for prepayment or redemption. If such written notice of prepayment or redemption is given, and if due provision for such payment is made, all as provided above, this Bond, or the portion thereof which is to be so prepaid or redeemed, thereby automatically shall be treated as prepaid or redeemed prior to its scheduled due date, and shall not bear interest aficr the date fixed for its prepayment or redempticn, and shall not be regarded as being outstanding except for the right of the registered owner to receive the prepayment or redemption price plus ` accrued interest to the date fixed for prepayment or redemption from Paying AgentiRegistrar out of the funds provided for such payment The Paying Agent(Registrar shall record in the Registration Books all such prepayments or redemptions of principal of this Bond or any portion hereof THIS BOND, to the extent of the unpaid or unfcdecrned principal balance hereof, or any unpaid and unredetmcd portion hereof in any integral multiple of s, ,000, may be assigned by the initial registerod owner hereof and shall be transferred only in the Registration Books of the Issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for the Bonds, upon the terms and conditions set forth in the Bond Ordinance Among other requirements for such transfer, this Bond must be presented and surrendered to the Paying Ahent/Registrar for cancellation, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment by the initial registered ovner of this Bond, or any portion or portions hcrcof in any integral multiple of $5,000, to the assignee or assignees in whose name or names this Bond or any such portion or portions hereof is or are to be transferred and registered Any instrument or instruments of assignment satisfaaory to the Paying AgenURcgislrar may be used to cvidcncc the assignment of this Bond or any such portion or portions hereof by the initial rcgistcred owner hereof. A now bond or bonds payable to such assignee or assignees (which then will be the now registered owncr or owners of such new Bond or Bonds) or to the initial registered owner as to any portion of this Bond 0 4-h is not being assigned and transfcrrcd by the initial registered owner, shall bo delivered by the Pay ing Agcnt/Registrar in conversion of and exchange for this Bond or any portion or portions hereof, but solely in the form and manner as provided in the next paragraph hereof for the eonvcrsiun and exchange orthis Bond or any portion hereof The registered owner of this Bond shall be deemed and treated by the Issuer and the Paying Agent/Registrar as sire absolute owncr hereof for all purposes, including payment and discharge of liability upon this Bond to+:M extent of tuck payment, and the Issuer and the Paying Agent/Registrar shall not { be affected by any notce to the contrary AS PROVIDED above and in the Bond Ordinance, this Bond, to the extent of the unpaid or unredeemed principal balance hereof, may be converted into and exchanged for a like aggregate principal amount of fully registered bond, wlthoul inturest coupons, paytble to the assigncc or assigncos duty designated 0 in w riting by the initial rcgister ed owncr hcrcof, or to the initial registered owncr as to any portion of this Bond a which is not bo:mg assigned and transferred by tic initial registered owner, in any denomination or j dcnominationv in any integral multiple of $5,000 (subject to 'he requirement hereinafter stated that eich substitute bond issued in exchange for any portion of this Bond shall have a single stated principal maturity S --x~, ti w CJ 32X I o 0 date), upon surrender of this Bond to the Paying Agent/Reg'.strar for cancellation, all in accordance with the form and procedures set forth in the Bond Ordinance. If this Bond or any portion hereof is assigrod and transferred or converted each bond issued in exchange for any portion hereof shall have a single stated principal maturity date corresponding to the due date of the installment of principal of this Bond or portion hueof for , which the substitute bond is being exchanged, and shall bear interest at the rate applici ble to and borne by such installment of principal or portion thereof Such bonds, respectively, shall be subject to redemption prior to f maturity on the same dates and for the same prices as the corresponding installmcn. of principal of this Bond or portion hereof for which they are being exchanged. No such bond shall be payable in installments, but shall have only one stated ;principal maturity date, AS PROVIDED IN THE BOND ORDINANCE, THIS BOND IN ITS PRESENT FORM MAYBE ASSIGNED AND TRANSFERRED OR CONVERTED ONCE ONLY, ~ and to one or more msignoes, but the bonds issued and dr:rvered in exchange for this Bond or any portion hereof may be assigned and transferred, and converted, s0sequently, as provided in the Bond Ordinance. The Issuer shall pay the Paying Agent/Registrar's standaA or customary fees and charges for transferring, converting, and exchanging this Bond or any portion racfeof, but the one requesting such transfer, conversion, anal exchange shall pay any tares or governmental charges required to be paid with respect thereto Thy Paying Agent/Registrar shall not be required to make any such assignment, conversion, or exchange (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on j the next following principal or interest payment date, or, (ii) with respect to aay Bond or portion thereofcalled 1 for prepayment or redemption prior to maturity, within 45 days prior to its prepayment or redemption date. IN TILE EVENT any Paying Agent/Registrar for this Bond is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it promptly will appoint a compctcw and legally qualified substitute therefor, and promptly will cause written noticr. thereof to be mailed to the registered owner of this Bond, IT IS HEREBY certified, recited, and covenanted that this Bond has been duly and validly authorized, issued, sold, and delivered, that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Bond have been performed, existed, and been done in accordance with law; that this Bond is a soccial obligation of Gae [suer, secured by and payable, together with other bonds, from a first lien on and pledge ofthe "Pledge[ Revenues", which include initially the "Net Revenucs of the System" as such lams are domed in the Bond Ordinance, with the System consisting of the City's entire eon.5inod waterworks, sewer, and electric light and power system, THE ISSUER has rose vod the right, subject to the rerr fictions stated in the Bond Ordinance, to Issue Additional Bonds payable from and secured by s first lien on and Hedge of the "Pledged Revenucs" on & parity with this Bond THE ISSUER also has reserved the right, subject to the restrictions stated in the Bond Ordinance, to amend the Bond Ordinance with the approval of the holders or owners of fifty-one percent in principal amount of all outstanding bonds which are secured by and payable from a first lien on and pledge of the Pledged Revenues, TlIE REGISI ERED OWNER hereof shall never have the right to demand payment sf this Bond or the interest hcrrun oul of any funds raised or to be raised by taxation or from any source whatsmver other than specified in the Bond Ordinance 0 • BY BECOMING the registered owner of this Bond, the registered owner thereby acknowledges all of the terms and provisions of the Bond Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Bond Ordinance is duly recorded and av.- 'xble for inspection In the official minutes and 6 32 X A aeanr~n ' r fJ I i records of the governing body of the Issuer, and agrees that the terns and provisions of this Bond and the Bond Ordinance constitute a contract b zi cen the registered owner hereof and the Issuer. i IN WITNESS W REREOF, the Issuer has caused this Bond to be signed with the manual or facsimile stlpature of the Mayor of the Issuer and countersigned with the manual or facsimile signature of the City Secretary of the Issuer, has caused the official seal ofthe Issuer to be duly impressed, or placed in facsimile, on this Bond, and has caused this Hord to be dated August 1, 1498. I City Secretary, City of De ',ton, Texas Mayor, City of Denton, Texas (CITY SEAL) (BOND INSURANCE LFGEND, IF ANY) I i FORM OF REGISTRATION CERTIFICATE OF THF, COMPTROLLER OF PUBLIC ACCOUNTS, Q CJMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that ti,is Road has been csamined, certified as to validity, and approved by the Attomcy General of the State of Texas, and that this Bond has been registered by the Comptroller of Public Accounts of tho State of Texas, Witness my signature and seal this comptroller of Public Accounts of the State of Texas (COMPTROLLER'S SEAL) Scction6 ADGiTIONALC'1(ARACTERISTICSOFTHFBONDS Registration and Transf (a) T h, sucr shall keep or cause to be kcpt ai the principal corporate trust office of C1 LASE BANK OF TEXAS, NATIONAL ASSO( iAT'ION. DALLAS, TEXAS (the "Paying AgenURegistrar"► books or records of the registration and transfer of the Bonds (the "Rai Stratton Books"), at:d the Issuer hereby appoints the Paying Agcnt/Registrar as its registrar and transfer agent to kcep such books or reset ds and make such transfers and registrations under such reasonable regulations as the Issuer and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such transfers aid registrations as herein provided The Paying Agent P egistrar shall obtain and record in th, Registration Books the -iddress of the registered ov ncr of each O Bond to which payments with respect to the Bonds shall be mailed, as herein provided; but it shall be the duty of each registered owner to notify the Paying Ag :nt/Rcgistrar in writing of the address to which pa)mmts shall be maiTed. and such interest payments shall rim 1c mailed unless such notice has been given. The Isscer %hali have the right to inspect the Registration Books during regular business hours of the Payin[ Agent/Registrar, i 6r ILaC' }~A 'Vr A~ kb''f •k r, x ,72 X ~.1 O I but otherwise the Paying Agent/Registrar shall keep the Registration Books confidential and, unless otherwise required by law, shall not permit their inspection by any other entity. Registration of each Bond may be t.•ansferred in the Registration Books only upon presentation and surrender of such Bond to the Paying AgenURegisuar for transfer of registration and cancellation, together with proper written instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agcnt/Registrar, evidencing (i) the assignment of the Bond, or any portion thereof in any integral multiple of $5,000, to the assignee or assignees thereof. and (ii) the right of such assignee or assignees tc have the Bond or any such portion thereof registered in the name of such assignee or assignees, Upon the assignaent and transfer of any bend or any portion thereof, a new substitute Bond or Bonds shall be issued in conversion and exchange therefor in the manner herein proedded. The Initial Bond, to the extent of the unpaid or unredeemed principal balance thereof, may be assigned and transferred b , the initial registered owner thereofonce only, apd to one or more assignees designated in writing by the initial registered owner thereof. All Bonds issued and delivered in conversion of and exchange for the Initial Bond shall be in any denomination or denominations of any integral multiple of 55,000 (subject to the requirement hereinafter stated that each substitute Bond shall have a single stated principal maturity date), shall be in the form prescribod in the FORM OF SUBSTITUTE SERIES 1998B BOND set forth in this Ordinance, and shall have the characteristics, and may be assigned, transferred, and converted as hereinafter provided. If the Initial Bond or any portion thereof is :,ssigncd and transferred or converted the Initial Bond must be surrendered to the Paying Agent/Registrar for cancellation, and each Bond issued in exchange for any portion of the Initial Bond shall have a single stated principal maturity date, and shall not be pa)able in installments; and each such Bond shall have a principal maturity date corresponding to the due date of the a,st illment of principal or portion thereof for which the substitute Board is being eK. changed, and each such Bond shall bear interest at the single rate ap, hcable to and borne by such installment of principal or portion thereof for which it is being exchanged, If only s portion of the Initial Bond is assigned and transferred, there shall be delivered to and registered in the name of the initial registered owner substitute Bonds in exchange for the unassigned balance of the Initial Bond in the tame manner as if the initial registered owner were the assignee thereof. If any Bond or portion thereof other than the Initial Bond is assigned and transferred or converted each Bond issuod in exchange therefor shall hive the same principal maturity date and bear interest at the same rate as the Bond for which it is exchanged f form of assignment shall beprints: or endorsed on each Bond, excepting the Initial Bond, which shall be executed by the registered owner or its duly authorized attorney or representative to cviderrce an assignment thereof Upon surrender of any Bonds or any portion or portions thereof for transfer of registration, an authorized representative of the Paying Agent/Rcgistrar shall make such transfer in the Registration Books, and shall deliver a new fully registered substitute Bond or Bonds, having the characteristics herein described, payable to such assignee or assignees f which then will be the registered owner or miners of such new Bonder Bonds), cr io the previous registered owner in case only a portion of & Bond is being assigned and transferred, all in conversion of and exchange for said assigned Bond or Bonds or any portion or portions thereof, in the same form and mariner, and with the same effect, as provded in Section G(d), below, for the conversion and exchange of Bonds by any registered owner of a Bond The Issuer shall pay the Paying Agent/Registrar's standard of customary fees and charges i for making sucb transfer and delivery of a substitute Bond or Bonds, but the one requesting such transfer sha ! pay any lases or other governmental charges required to be paid with respect thereto. The Paying AgenURcgislrar shall not be required to make transfers orregistration of any Band or any portion thereof (Q during the penod commencing with the close of business on any Record Date and ending with the olwrting of 4 business on the next following principal or interest payment date, or, (ii) with respect to any Bond or any portion thereof called for redemption prior to maturity, within 45 days prior l,, its redemption date A 7 L (b)crshio of Bonds The entity in whose name any Bond shall be registered in the Registration ti Books at any time shall be deemed and treated as the absolute owner thereof for all purposes of this Ordinance, whether or not such Bond shall be overdue, and the Issuer and the Pa)vig AgenURcgislrar shall not be affected by any notice to the contrary, and payment of, or on aecount of, the principal of, premium, if any, and interest a 32 X 1 , I I If 5'R[8! • 0 r on any such Bond shall be made only to such registered owner, All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extern of the sum or sums so paid (c) Payment of Bonds and Interest. The Issuer hereby further appoints the Paying Agent/Registrar to act as the paying agent for paying the principal of and interest on the Bonds, and to act as its agent to convert and exchange or replace Bonds, all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all payments made by the Issuer and the Paying Agent(Registwr with respect to the Bonds, and of all conversions and exchanges of Bonds, and all replacements of Bonds, as provided in this Ordinance (d) Conversion and Exchange or Replacement: Authentication. Each Bond issued and delivered pursuant to this Ordinance, to the extent of the unpaid or unredeemod principal balance or principal amount thereof, may, upon surrender of such Bond at the print ipal corporate trust office of the Paying Agent/Registrar, together with a written request therefor duly executed by the reListered owner or the assig: nt or assignees thereof, or its or their duly authorized attomeys or representatives, with guarantee of signatures satisfactory j to the Paying Agent/Registrar, may, at the option of the registered owner or such assignee or assignees, as appropriate, be converted into and exchanged for fully registered bonds, without interest coupons, in the form prescribed in the FORM OF SUBSTITUTE SERIES 1998B BOND set forth in this Ordinance, in the denomination of S5,000, or any integral multiple of $5,000 (subject to the requirement hercinafler stated that each substitute Bond shall have a single stated maturity date), as requested in writing by such registered owner or such assignee or assignees, in an aggregate principal amount equal to the unpaid or unredeemed principal balance or principal amount of any Bond or Bonds so surrendered, and payable to the appropriate registered owner, assignee, or assignors, as the case may be If the Initial Bond is assigned and transferred or convened each substitute Bond issued in exchange for any portion of the Initial Bond shall have a single stated principal maturity date, and shall not be payable in installments, and each such Bond shall have a principal maturity date corresponding to the due date of the installment of principal or portion thereof for which the substitute Bond is being exchanged, and each such Bond shall bear interest at the single rate applicable to and bome by such installment ofprinci pal or portion thereof for which it is being exchanged Ifa purtion of any Bond (other than the Initial Bond) shall be redeemed prior to its scheduled maturity as provided herein, a substitute Bond or Bonds having the same maturity date, bearing interest at the same rate, in the denomination or denominations of any integral multiple of S3,000 at the request of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon surrender thereof for cancellation If any Bond or portion thereof (other than the Initial Bond) is assigned and transferred or converted, each Bond issued m exchange therefor shall have the same principal maturity date and bear interest at the same rate as the Bond for which it is being exchanged. Each substitute Bond shall bear a letter and/or number to distinguish it from each other Bond The Paying Agent/Rcgistrar shall convert and exchange or replace Bonds as provided herein, and each fully registered bond delivered in conversion of and exchange for A orrcplacemcniofanyBondorportionthereofaspermittedorrequiredbyanyprovisionofthisOrdinanceshall constitute one of the Bonds for all purposes of this Ordinance, aid may again be converted and exchanged or replaced It is specifically provided that ai y Bond authenticated in conversion of and exchange for or rcplacemcrnt of another Bond on or prior to the first scheduled Record Date for the Initial Bond shall bear interest from the date of the Initial Bond, but each substitute Bond so authenticated after such first scheduled Record Date shall bear interest from the interest payment date next preceding the date on which such substitute Bond was so authenticated, u.-.less such Bond is authenticated after any Record Date but on or before the next following interest paymznt date, in which case it shall bear interest from such next following interest payment 0 date, provided, hovrever, that if at the time ofdavery of any substit tte Bond the interest on the Bond for which y~ it is being exchanged is due but has not been paid, then such Bond shall bear interest from the date to which such interest has been paid in full. THE INITIAL SERIES 19988 BOND issued and delivered pursuant to this Ordinance is not requited tc be, ant shall not be, authenticated by the Paying AgentlRcgistrar, but on each I 9 o ' R MW 0 rw4v;* substitute Bond issued in conversion of and exchange fcr or replacement of any Bond or Bonds issued under this Ordinance the-e shall be printed a certificate, in the form substantially as follows: "PAYING AGENT(REGISTRAR'S AUTHENTICATION CERTIFICATE It is hereby certified that this Bond has been issued under the provisions of the Bond Ordinance described in this Bond, and that this Bond has been issued in conversion of and exchange for or repla cement of a bond, bonds, or a portion of a bond or bonds of an issue which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. CHASE BANK OF TEXAS, NATIONAL ASSOCIATION, DALLAS, TEXAS Paying Agent/Pegistrar Dated By_ Authonzed Representative" An authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Bond, date and manually sign the above Certificate, and no such Bond shall be deemed to be issued or outstanding unless such Certificate is so executed The Paying Agent/Registrar promptly shall cancel all Bonds surrendered for conversion and exchange or replacement No additional ordinances, orders, or resolutions need be passed or adopted by the governing body of the ls;ucr or any other body or person so as to accomplish the foregoing con ersion and exchange or replacement of any Bond or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution, and delivery of the substitute Bonds in the manner prescribed herein, and said Bonds shall be of type composition printed on paper with lithographed or steel engraved borders of custuman weight and strength. Pursuant to Yemon s Ann. Tex. Civ. St, Art , 717k-6, and particularly Section 6 thereof, the duty of conversion and exchange or replacement of Bonds as aforesaid is hereby imposed upon the Paying AgenURrgistrar, and, upon the execution of the above Paying Agent/Registrar's Authentication Certificate, the converted and exchanged or replaced Bond shall be valid, incontestable, and enforceable in the same manner and with the same effect as the Initial Bond which originally was issued pursuant to this Ordinance, approved by the Attorney General, and registered by the Comptroller of Public Accounts. The lssucr shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring, converting, and exchanging any E and or anv nortion thereof, but the one requesting any such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto as a condition precedent io the exercise of such privilege of conversion and exchange, The Paying Agenu'R gistrar shall not be required to make any such conversion and exchange or replacement of Bonds or w y portion thereof(i) during the period commencing with the close of business on any Record Date apd ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Bond or portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. (e) In Genera All Bonds issued in conversion and exchange or replacement of any other Bond or portion thereof, (i) shall be issued in idly registered form, without interest coupons, with the principal of and . interest on such Bonds to be p .gable only to the registered owners thereof, (ii) may and shall be redeemed prior to their scheduled maturities, (iii) may be traansferred and assigned, (iv) may be converted and exchanged for other Bonds, (v) shall have the characteristic..+, (vi) shall be signed and scaled, and (vii) the principal of and interest on the Bonds shall be payable, all as provided, and in the mariner required or indicated, in the FORM OF SUBSTITUTE SERIES I998B BOND set forth in this Ordinance p 10 32 X Q I lamp" (f) Payment of foes and Charges The Issuer hereby covenants with the registered owners of the Bonds that it will (i) pay the standard of customary fees and charges of the Paying Agent/Registran for its services with respect to the payment of the principal of and interest on the Bonds, when due, and (u) pay the 1 fees and charges of the Paying Agent/Registrar for services with respedtothe transferof registration of Bonds, and with respect to the conversion and exchange of Bonds solely to the extent above provided in this Ordinance. (g) Substitute Paving A¢ent/Reaistrar. The Isv.ier covenants with the registered owners of the Bonds that at all times while the Bonds are outstanding the Issuer will provide a competent and legally qualified bank, trust company, financial institution, or other agency to act as and perform the services of Paying Agent/Registrar for the Bonds under this Ordinance, and that the Paying Agent/Registrar will be one entity. The Issuer reserves the right to, and may, at its option, change the Paying Agemt/Registrar upon not less than 120 days written notice to the Paying Agent/Registrar, to be effective not later than 60 days prior to the next principal or interest payment date after such notice. In the event that the entity at any tithe acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or otherwise cease to act as such, the Issuer covenants that promptly it will appoint a competent and legally qualified bank, trust company, financial institution, or other agency to act as Paying Agent/Registrar under this Ordinance. Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfer and deliver the Registration Books (or a copy thereof), along with all other pertinent books and records relating to the Bonds, to the new Paying AgenURegistrar designated and appointed by the Issuer, Upon any change in the Paying Agent/Registrar, the lssum promptly will cause a written notice thereof to be sent by the new Paying Agent/Registrar to each registered owner of the Bonds, by United States mail, first-class postage prepaid, which notice also shall give the address of the new Paying Agent/Registrar. By accepting the position and y performing as such, each Paying Agcnt/Registrar shall be deemed to have agreed to the provisions of thin Ordinance, and a certified copy of this Ordinance shall to delivered to each Paying Agcm/Registrar. Section 7. FORM OF SUBSTITUTE BONDS The forth of all Bonds issued in conversion and exchange or replacement of any other Bond or port' ,.1 thereof, including the form of Paying Agent/Registrar's Certificate to be printed on each of such Bonds, and the Form of Assignment to be printed on each of the Bonds, shall be, respectively, substantially as follows, with such appropriate variations, omissions, or insertions as are permitted or required by this Ordinance. FORM OF SUBSTITUTE SERIES 19988 BOND N0 UNITED STATES OF AMERICA PRINCIPAL AMOUNT STATE Of TEXAS S ti COUNTY OF DENTON CITY OF DENTON UTILITY SYSTEM REVENUE • REFUNDING BOND SERIES 19988 INTEREST MATURITY ORIGINAL DATE RATE DATE ~QF ISSUE C4 0o AUGUST I, 1998 ON THE MATURITY DATE spcr ifiod above the CITY OF DENTON, in Denton County, Texas (the "Issuer"), being a political subdivision of the Stan of Texas, hereby prlxnises to pay to _ or to the registered assigroe ! hereof (either being hereinafter called the "registerod owner") the principal amount of I 11 ' I Mm- t! 0 t T V"" and to pay interest thereon from August 1, 1998, to the maturity date specified above, or the date of redemption prior to maturity, at the interest rate per annum specified above; with interest bang payable on Decer bet 1, 1998, and semiannually on each June I and December 1 thereafter, except that if the date of authentication cif this Bond is later than the first Record Date (hereinafter defined), such primip d amount shs!I bear interest from the interest payment date next preceding the date of authentication, unles! such ?.ate of authentication is after any Record Date (hereinafter defined) but on or before the next followirg intern, t payment date, in which case such principal amount shall bear interest from such next following interest payment date. Said interest shall be calculated on the basis of a 360-day year composed of twelve 30-day monthv. THE PRINCIPAL OF AND INTEREST ON this Bond are payable in lawful money of the United States of America, without exchange or collection charges. The principal of this bond shall be paid to the registered owner hereof upon presentation and surrender of this Bond at maturity or upon the date fixed for its redemption prior to maturity, at the principal corporate trust office of CHASE BANK OF TEXAS, NATIONAL ASSOCIATION, DALLAS, TEXAS, which is the "Paling Agent/Registrar"for this Bond The payment of interest on this Bond shall be made by the Paying Agent/Registrar to the registered owner hereof on each interest payment date by check, dated as of such interest payment date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the ordinance authorizing the issuance of the Bonds (the "Bond Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check shall be sent by the Paying Agent/Registrar by United States mail, first-c lass postage prepaid, on each such interest payment date, to the registered owner hereof, at the address of the registered owner, as it appeared at the close of business on the 15th day of the month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. However, the paymcnt of such interest maybe made by any other method acceptable to the Paying Agent/Registrar and requested by, and at the risk and expense of, the registered owner hereof. Any accnicd interest due upon the redemption of this Bond prior to maturity as provided herein shall be paid to the registered owner at the principal corporate trust office of the Paying Agent/Registrar upon presentation and surrender of this Bond for redemption and paymcnt at the principal corporate cost office of the Paying Agent/Registrar. The Issuer covenants with the registered owner of this Bond that on or before each principal payment date, interest payment date, and accrue interest payment date for this Bond it will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Bond Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Bonds, when due IF THE DATE for the paymcnt of the principal of or interest on this Bond shall be a Saturday, Sunday, a legal holiday, ors day on which banking institutions in the City where the Paying Agent/Registrar e is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institution are authorized to close; and pay rner on such date shall have the same force and effect as if made on the original date paymcnt was due i THIS BOND is Inc ofan issue of Bonds initially dated August 1, 1998, authorized in accordance with the Constitution acid Saws of the state of Texas in the principal amount of $7,620,000 FOR THE PURPOSE OF OBTAINING FUNDS REQUIRED TO REFUND $7,140,000 IN AGGREGATE PRINCIPAL @ • AMOUNT OF CITY OF DENTON UTILITY SYSTEM REVENUE BONDS, AND SW.LL BE poi DESIGNATED. i i 12 " r 25 Iii 32XIO e 0 ON DECEMBER I, 2008, or on any date whatsoever thereafter, the Bonds of this Series may be redeemed prior to their scheduled maturities, at the option ofthe Issuer, with funds derived from any available and lawful source, as a whole, or in part, and, if in part, the particular Bonds, or portions thereof, to be redeemed shall be selected and designated by the Issuer (provided that a portion of a Bond may be redeemed only in an integral multiple of S5,000), at the redemption price of the par or principal amount thereof, plus accrued interest to the date fixed for redemption, AT LEAST 30 days prior to the date fixed for any redemption of Bonds or portions thereof pnor to maturity a written notice of such redemption shall be published once in a financial publication, journal, or reporter of general circulation among secunties dealers in The City of New York, New York (including, but not limited to, The Bond Buyer and The Wall Street 'oumal), or in the State of Texas (including, but not ` limitedto, The Texas Bond Reporter), Such notice also shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, not less than 30 days prior to the date fixed for any such redemption, to the registered owner of each Bond to be redeemed at its address as it appeared on the 45th day prior to such redemption date, provided, however, that the failure to send, mail, or receive such notice, or any defect therein or in the sending or mailing thereof, shall not affect the validity or effectiveness of the proceedings for the redemption of any Bond, and 't is hereby specifically provided that the publication of such notice as required above shall be the only notice actually required in connection with or as a prerequisite to the redemption of any Bonds or portions thereof By the date fixed for any such redemption due provision shall be made with the Paying Agmt/Registrar for the payment of the required redemption price for the Bonds or portions thereof which arc to be so redeemed, plus accrued interest thereon to the date fired for redemption. If such written notice of redemption is published and if due provision for such payment is made, all as provided above, the Bonds or portions thereof which are to beso redeemed thereby automatically shall be treated as redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for redemption, and they shall not be regarded as being outstanding except for the right ofthe registered owner to receive the redemption price plus accrued interest from the Paying Agent/ Registrar out of the funds provided for such payment If a portion of any Bond shall be redeemed a substitute Bond or Bonds having the same maturity date, bearing interest at the same rate, in any denomination or denominations in any integral multiple of 55,000, at the written request of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owmer upon the surrender thereof for cancellation, at the expense of the Issuer, all as provided in the Bond Ordinance THIS BOND OR ANY PORTION OR PORTIONS HEREOF IN ANY INTEGRAL MULTIPLE OF S5,000 may be assigned and shall be transferred only in the Registration Books of the Issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for the Bonds, upon the terms and conditions set forth in the Bond Ordinance. Among other requirements for such assignment and transfer, this Bond must be presented and surrendered to due Paying Agent/Registrar, together with proper instruments of assignment, in A form and with guarantee of sigrta'ures satisfactory to the Paying Agent/Registrar, evidencing assignment of this Bond or any portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees in whose name or names this Bund or any such portion or portions hereof is or are to be transferred and registered The form of Assignment printed or endorsed on this Bond shall be executed by the registered owner or its duly authorized attorney or representative, to evidence the assignment hereof A new Bond or Bonds payable to such assignee or assignees (which then will be the new registered owmcr or owners of such new Bond e or Bonds), or to the previous registered owner in the case of the assignment and transfer of only a portion of this Bond, may be dclncrvd by the Paying Agent/Registrar in conversion of and exchange for this Bond, all q in the form and manner as provided in the next paragraph hereof for the conversion and exchange of other Bonds. The Issuer shall pay the Paying Agent/Regisirar's standard or customary fees and charges for making such transfer, but the one requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to snake transfers of regis- I3 s• t mono" - O MR "I tration of this Bond or any portion bereof (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Bond or any portion thereof called for redemption prior to maturity, within 45 days prior to its redemption data The registered owner of this Bond shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner hereof for all purposes, including payment and discharge of liability upon this Bond to the extent of such payment, and the Issuer and the Paying Agent'Registrar shall not be affected by any notice to the contrary ALL BONDS OF THIS SERIES are issuable solely as fully registered bon&, without interest coupons, in the denominatioa of any integral multiple of S3,000. As prodded in the Bond Ordinance, this Bond, or any unredoemed portion hereof, may, at the request of the registered owner or the assignee or as- signoes hereof, be converted into and exchanged for alike aggregate principal amount of fully registered bonds, without interest coupons, payable to the appropriate registered owner, assignee, or assignees, as the case may be, having the same maturity date, and bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000 as requested in writing by the appropriate registered owner, assignee, or r' assignees, as the case may be, upon surrender of this Bond to the Paying Agt~,t/Registrar for cancellation, all in accordance with the form and procedures set forth in the Bond Ordinance. The Issuer shall pay the Paying Agent/Registraes standard or customary fees and charges for transferring, converting, and exchanging any Bond or any portion the" ;of, but the one requesting such transfer, emversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto as a condition precedent to the exercise of such privilege of conversion and exchange. The Paying Agent/Registrar shall not be required to make any such con crsion and exchange (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (i;l with respect to any Bond or portimi thereof tailed for redemption prior to maturity, within 45 days prior to its redemption date. IN 1 HE EVENT any Paying Agent/Registrar for the Bonds is changed by the Issuer, resigns, or othomise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it promptly will appoint a competent and legally, qualified substitute therefor, and promptly will cause written notice thereof to be mailed to the registered owners of the Bonds IT IS HERE BY certified, recited, and ca; enanted that this Bond has been duly and validly authorized, issued, sold, and delivered, that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Bond have been performed, existed, and been done in accordance with law; that this Bond is a special obligation of the Issuer, secured by and payable, together with other bonds, from a first lien an and pledge of the "Pledged Revenues", which include ~ initially the "Net Revcnues of the System", as such terms are defmod in the Bond Ordinance, with the System consisting orthe City's entire combined waterworks, sewer, and electric light and power system, THE ISSUER has rescn ed the right, subject'o the restrictions stated in the Bond Ordinance, to issue Additional Bonds payable from and secured by a first lien on and pledge of the "Pledged Revcnues" on a panty with this Bond and series of which it is a part THE ISSUER also has reserved the right, subject to the restrictions stated in the Bond Ordinance, to • amcod the Bond Ordinance with the approval of the holders or ownersof fiRyone Y ,%ent in M"incipal amount 0 • of all outstanding bomb which are secured by and payable from a first lie:, on and pledge of the Yiw, t Revcnues. k 14 i 7 L..J 3-1).X tD i Y i r-,..... . a.v ♦..+h.n isr'4M.w ~l..wp.~w....... 1 THE REGISTERED OWNER hereof shall never have the right to demand payment of this Bond or the interest h -reon out of any funds raised or to be raised by taxation or from any source whatsoever other than specified in the Bond Ordinance. BY BECOMING the registered owner of this Bond, the registered owner thereby acknowledges all of the terms and provisions of the Bond Ordinance, agrees to be bowel by such terms and provisions, acknowledges that the Bond Ordinance is duly recorded and available for inspection in the official minutes and records of the governing body of the Issuer, and agrees that the terms and provisions of this Bond and the Bond Ordinance constitute a contract between each registered owner hereof and the Issuer. IN WITNESS WHEREOF, the Issuer has caused this Bad to be signed with the manual or facsimile i signature of the Mayer of the Issuer and countersigned with the manual or facsimile signature of the City } Secretary of the Issuer, and has caused the official seal of the Issuer to be duly impressed, or placed in f; facsimile, on this Bad, dCity Secretary, City of Denton, Texas Mayor, City of Denton, Texas t1 (CITY SEAL) FORM OF PAYING AGENTIREGISTRAR'S AUTIIENTICATION CERTIFICATE PAYING AGENTIREGISTRAR'S AUTHENTICATION CERTIFICATE It is hereby certified that this Bard has been issued under the provisions of the Bond Ordinance described in this Bond; and that this Bond has been issued in conversion of and exchange for or replacement of a bond, bads, or a portion of a bond or bonds of an issue which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Pub;+a Accounts of the State of Texas. CHASE BANK OF TEXAS, NATIONAL ASSOCIATION, DALLAS, TEXAS Paying Agent/Registrar I Dated By i Authorized Representative i• (BOND INSURANCE LEGEND, IF ANY) I jV1 Is 25 I ~ 32X 0 1 MIN" r o ' FORM OF ASSIGNMENT ASSIGNMENT FOR VALUE RECEIVED, the undersigned registered owner of this Bond, or duly authorized representative or attorney thereof, hereby assigns this Bond to (Assignee's Social (print or typewrite Assignee's name and Security or Taxpayer address, including zip code) Identification Number) and hereby irrevocably constitutes and appoints attomcy to transfer the regis "ation of this Bond on the paying Agent~Registrar's Registration Books with full power of substitution in the premises. Dated Signature Guaranteed NOTICE: Signature(s) must be guaranteed by an Registered Owner eligible guarantor institution participating in a NOTICE: This signature must corrLspondAith the securiticstransferassociation recognized signature name of the Registered owner appearing on the guarantee face of this Bond in every particular without alteration or enlargement or any change whatsoever Section 8. DEFINI'T'IONS, As used in this Ordinance the following terms shall have the meanings sct forth below, unless the text hereof specifically indicates otherwise (a) The terms "City" and "Issuer" shall mean the City of Denton, in Denton County, Texas ~ (b) The term "City Council" or "Council" shall mean the governing body of the City. (c) The term "Bonds" shall meancollectively the Initial Bond as defined and described in SeeUon 2 of this Ordinance and all substitute bonds exchanged thercror, and all other substitute bonds and replacement bonds, issued pursuant to and as provided in this Ordinance. (d) The term "Parity Bonds" shall mean collectively (i) the outstanding City of Denton Utility System Rcvcnuc Bonds, Series 1988, authorized by ordinance passed on August 2, 1988 (the "Series 1988 Bonds"), (ii) the outstanding City of Demon Utility System Revenue Bonds, Series 1989, authorized by ordinance passed O on October 24, 1989 (the "Series 1989 Bonds"), (iii) the outstanding City of Denton Utility System Revenue y Bonds, Series 1992, authorized by ordinance passed on March 3, 1992 (the "Series 1992 Bonds"), (iv) the outstanding City of Denton Utility System Rcvcnue Bonds, Series 1993, authorized by ordinance passed on March 16, 1993 (the "Series 1993 Bonds"), (v) the outstanding City of Denton Utility System Revenue 16 F1 32 X El " 0 Refunding Bonds, Series 1993-A authorized by ordinance passed on June 8. 1993 (the "Series 1993•A Bond"), l (vi) the outstanding City of Denton Utility System Revenue Refunding Bonds, Taxable Series 1993-B, authorized by ordinance passed on June 8, 1993 (the "Series 1993-B Bonds"), (vii) the outstanding City of Denton Utility System Revenue Bonds, Series 1996, authorized by ordinance passed on May 7, 1996 (the "Series 1996 Bonds"), (viii) the City of Denton Utility System Revenue Refunding Bonds, Series 1996A, authorized by urdinance passed on May 7, 1996 (the "Series 1996A Bonds"), (ix) the City of Denton Utility System Revenue Bonds, Series 1998, authorized by ordinance passed on March 24, 1998 (the "Series 1998 Bonds"), (x) the City of Denton Utility System Revenuc Refunding Bonds, Series 1998A, authorized by ordinance passed on July 21, 1998 (the "Series 1998A Bonds") and (xi) the Bonds (e) Thn tern "Additional Bonds" shall mean the additional parity revenue bonds which the City reserves the right to issue in die future, in accordance with Section 25 of this Ordinance, (f) The term "System" shall mean (1) the City's entire existing Waterworks and sewer system and the City's entire existing electric light and power system, together with all future extensions, improvements, enlargements, and additions thereto, and all replacements thereof, and (2) any other related facilities, all or any part of the revenues or income from which do, in the future, at the option of the City, and in accordance with law, become "Pledged Revenues" as hereinafter defined; provided that, notwithstanding the foregoing, and to the extent now or hereafter authorized or permitted by law, the term System shall not mean any water, sewer, electric, or other facilities of any kind which are declared not to be a part of the System, and which ara acquired or constructed by the City with the proceeds from the issuance of "Special Facilities Bonds", which are hereby defined as being special revenue obligations of the City which are not payable from or secured by any Pledged Rcv enucs, but which are secured by and payable from liens on and pledges of any other revenues, sources, or payments, including, but not linuted to, special contract revenues or paynents received from any other legal entity in connection with such facilities; and such revenues, sources, or payments shall not be considered as or constitute Gross Revenues of the System, unless and to the extent otherwise provided in the vAinance or ordinances authorizing the issuance of such "Special Facilities Bonds (g) The terms "Gross Revenues of the System" and "Gross Revenues" shall mean all revenues and income of every nature derived or received by the City from the operation and ownership of the System, including the interest income from the imestment or deposit of money in any Fund created by this Ordinance. (h) the terns "Net Revenues of the System", and "Net Revenues" shall meats all Gross Revenues after ded,,cting therefrom an amount equal to the current expenses of operation and maintenance of the System, in- cluding all salaries, labor, materials, repairs, and extensions necessary to render efficient service, pru ;ded how.Nct, that only such repairs and extensions, as in the judgment ofthe city council, reasonably and fairly cxcr:ised by the adoption of appropriate resolutions, are necessary to keep the System in operation and render • adcq, iate scrv ice to said City and the inhabitants thereof, or such as might be necessary to meet some physical accident or condition which would otherwise impair the Bonds or Additional Bonds, shall be deducted in determining "Net R-senucs". Payments required to be made by the City for water supply or water facilities, sewer senices or sewer facilities, fuel supply, and for 0.7 p trchase of electric power, which payments under law constitute operation and maintenance expenses of any part of the S)'Stcr n, shall constitute and be regarded as expenses of operation and maintenance of the System under this Ordinance. Depreciation and amortization • shall not constitute or be regarded as expenses of operation and maintenance of the System O • kG (i) The term "Pledged Revenues" shall mean (1) the Net Revenues, plus I 17 s p k (2) any additional revenues, income, or other resources which are expected to be available to the City on a regular periodic basis, including, without limitation, any grants, donations, or incom6 received or to be received from the United States Government, or any other public or private source, whether pursuant to an agreement or otherwise, which in the future may, at the option of the City, be pledged to the payment of the Parity Bonds or Additional Bonds. 0) The term "year" or "fiscal year" shall mean the fiscal year used by the City in connection with the operation of the System (k) Tht term "Government Obligations" shall mean direct obligations of the United Stales of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, which may be United States Treasury obligations such as its State and Local Government Series, and which may be in book-cntry form Section 9. PLEDGE, (a) The Bonds we "Additional Bonds" as permitted by Sections 24 and 25 of the ordinance passed on March 10, 1983, authorizing the City of Denton Refunding Bonds, Series 1983 (the "Series 1983 Bonds"), and it is hereby determined, declared, and resolved that all ofthe Parity Bonds (including the Bonds) are secured and payable equally and ratably on a parity, and that Sections 8 through 28 of this Ordinance are supplemental to and cumulative of Sections 7 through 27 of the aforesaid ordinance passed on March 10, 1983, with Sections 8 through 28 oftMs Ordinance being applicable to all of the Parity Bonds. (b) The Panty Bonds and any Additional Bonds, and the interest thereon, including any interest coupons appertaining thereto, are and shall be secured by and payable from a first lien on and pledge of the Pledged Revenues, and the Pledged Revenues are fur her pledged to the establishment and maintenance of the Funds created by this Ordinance, and any Funds created by any ordinance authorizing the issuance of any Additional Bonds. The Parity Bonds and any Additional Bonds are not and will not be secured by or payable from a mortgage or doed of trust on any real, p:rsonal, or mixed properties constituting the System Section 10. SYSTEM FUND. There heretofore has been and is hereby created and there shall be established and maintained on the books of the City, and accounted for separate and apart from all other funds of the City, a special fund to be entitled the "City of Denton Utility System Fund" (the "S)stem Fund") All r ress Revenues shall be credited to the System Fund immediately upon receipt, unless otherwise provided in this Ordinance, All current expenses of operation and maintenance of the System shall b,: paid from such Gross Revenues credited to the System Fund as a first charge against same Before making any deposits hereinafter required lobe made from the System Fund, the City shall retain in the System Fund at all times an amount at least equal to one-sixth of the amount budgeted for the then current fiscal year for the current operation and maintenance expenses of the Spstcm. Section 11. INTEREST AND SINKING FUND For the sole purpose orpaying the principal of am interest on all Parity Bonds and Additional Bonds, there heretofore has been and is hereby created and there shall be established and maintained on the books of the City, and accounted for separate and apart from all other funds of the City, a separate fund to be entitled the "City of Denton Utility System Revenue Bonds Inter- est and Sinking Fund" (the " Intcrn,l and Sinking Fund") , Section 12. RESERVE FUND, There heretofore has been, and is hereby, created, and there shall be S • estabhslicd and maintainod at Chase Bank of Texas, National Association, arsd herealler, at the option of the ~g City, established and maintained at any time at any national bank having a capital and surplus in excess of $21,000,000, a separate fund to be entitled the "City of Denton Utiley System Bonds and Additional Bonds Rescue Fund" (the "Reserve Fund") . The Reserve Fund shall 'Doused to pay the principal of and interest on l8 > 32xI❑ 0 ' o t -.Swr\'IM any Parity Bonds or Additional Bonds Rhea and to':.c extent the amounts in the Interest and Sinking Fund available for such ray mcnt are insufficient for such purpose, and may be used for the purpose of Aurally retiring i the last of any Parity Bonds or Additional Bor ds, Section 13. EXTENSION AND IMPROVEMENT FUND. Thcreheretofore hasbeen andishereby " created ri.d there shall be established and maintained on the books of the City, and accounted for separate and I apart from all other funds of the City, a separate fund to be entitled the "City of Denton Utility System j Extension and lmprovemcnt Fund" (the "Extcnsion and Improvement Fund''). The Extension and Improvement Fund shall be used for the purpose of paying the costs of improvements, cAargemcnu, extensions, additions, rcplscc=ms, or other capital expenditures related to the System, or for paying the costs of unexpected or extraordinary repairs or replacements of the System for which System funds are net available, or for paying unexpected or extraordinary expenses ofopet r'.on and maintenance of the System for which System funds are not otherwise availablr-, or for any other lawf,l purpose Section 14. EMERGENCY FUND, There is hereby created and there shall be established and maintained on the books of the City, and accounted for separate and apart from all other funds ofthe City, a separate fund to be cntitl, i the "City of Denton Utility System Emcrgency Fund" (the "Emergency Fund") The Emcrgency Fund shLi be used for the purpose of paying unexpected or extraordinaryexpenses of rcyair, replacement, operation, and maintenance of the System for which neither System funds nor the moneys in the Extension and lmprovemcnt Fund are available. There was deposited in the E„ agency Fund simultaneously with the delivery of the Srries 1983 Lronds to the initial purchasers thereof from lawfully available funds of the City if a amount of $250,000, All investment interest income from the Emergcncy Fund shall be transferred to the System Fund as received Section 15. DEPOSITS OF PL£DC?ED REVENUES, Pledged Revenues shall be credited to or deposited in the Interest and Sinking Fund, the Rcscrve Fund, the Extcnsion and Improvement Fund, and other funds when and as required by this Ordinance and any ordinance authorizing the issuance ofAdditional Bonds, Section 16 INVESTMENTS Money in any Fund established yursuant to this Ordinance or any ordinance authorizing the issuance of Additional Bonds, may, at die option of the City. be placed in time deposits or certificates of deposit secured by obligatons of the type hereinafter dcscrib d, or be invested in Government Obligations (as defined in Section 8 hcrcoO or obligations guarantc^d or insured by the United St-aces of America, which, in the opinion of the Attorney General of the United States, are backed by its full faith and credit or represent its genera' obligations, or invested in obligations of instvmentalitics of the United 1 States of America, including, but not limited to, evidences of indchtedness issued, h,sured, or guaranteed by such go%cmmental ag-ncics as the Scdcral Land Banks, Federal Intermediate Credit Banks, Banks for Cooperatives, Federal 147me Loan Barks. Gotcmment National Mortgage Association, United Slats Postal Scnice, Faimcis Home Adrrumstr.tion, Federal Home Loan Mortgage Association, Small Business Administratioc. 'cdcral Housing Association, or Participation Certificates in the Federal Assets Financing Trust, provided ,'rat all sach depos is and investments shall be made in such manner as will, in the opinion of the Cu), permit t e money requires to be expended from any Fund to be available at the proper time or times as expected to b iwcdcd. Such investmenm (except United States Treasury Obligations-State and Local Govcnini Scrip investincnts held in book entry form, %hich shall al all times be voiued at cost) shall be • valued in terms of current market 1 alue as of the le-t day of caul, fiscal year Unless othen%ise set forth herein, all interest and income Acrived from such deposits and investments immediately shall be credited to, and any losses dcbivid to, the Fund from which the deposi, or investment was made, and surpluses in any Fund shalt or may be disposxt Aas harcinafler provided. Such investments shall be sold promptly when noc-ssary to ` I -event an; default in connr;.i in w'th ti:c Parity Bonds or Additional Bonds consistent with the ordinances, ,espoco;cly, authorizing their issuance 19 ;)s 32 X • O f Section 17. FUNDS SECURED. That money in all Funds created by this Ordinance, to the extent not invested, shall be secured in the manner prescnbod by law. Section 18, PRIORITY OF DEPOSITS AND PAYMENTS FROM SYSTEM FUND Thatthe City shall make the deposits and payments from Pledged Revenues in the System Fund when and as required by this Ordinance and any ordinance authorizing any Additional Bonds, and such deposits shall be made in the following manner and with the following irrevocable priodua, respectively, First, to the Interest and Sinking Fund, tihen and in the am(.unts required by this Ordinance and any ordinance authorizing any Additional Bands; Second, to the Resenc Fund, wren and in the amounts required by this Ordinance and any ordinance authorizing any Additional Bonds; and Third, to the Extensior, and Improvement Fund, when and as required by Section 21 of this Ordutance, Section 19. INTEREST AND SINKING FUND REQUIREMENTS. The City shall cause to be deposited to the credit of the Interest and Sinking Fund the accrued interest and any premium received from the sale of the Initial Bond, and on or before the 25th day of each month, the City shall cause to be deposited to the credit of the Interest and Sinking Fund, in approximately equal monthly payments, amounts -efficient, together with any other funds on hand therein, to pay all of the interest or principal and interest coming due, including the principal amount of any Parity Bonds required to be redeemed prior to maturity pursuant to any mandatory redemption requirements, on the Panty Bonds and any Additional Bonds on the next succ"ing interest payment date Any moneys so deposited in the Interest and Sinking Fund with respect to a mandatory redemption requirement, together with other lawfully available funds of the City, may be used by the City, to purchase, in advance of a mandatory redemption date and at a price not exceeding the principal amount thereof plus accrued interest thereon to the date of purchase, Parity Bonds which would be subject to being chosen for mandatory redemption on such mandatory redemption date The Paying Agent shall cancel any Panty Bonds so purchased Section 20, RESERVE FUND REQUIREMENTS. Thcre is now on hand in the Reserve Fund an amount of money and Government Obligations which is in excess of $3,000,000 and which is at least equal to the a%cragc annual principal and interest requirements ofthe outstanding Scrics 1988 Bonds the Scrics 1989 Bonds, the Scrics 1992 Bards, the Series 1993 Bonds, the Series 1993•A Bonds, the Taxable Scrics 1993-B Bonds, the Series 1996 Bonds, the Series 1996A Bonds, the Series 1998 Bonds and the Series 1998A Bonds (the current "Required Rcscnc Amount") Following the issuance and delivery of the Initial Bonds the Pxquired Resenc Amount shall become and be an amount of money and imestmcnts equal to the average annual principal aid interest requirements of all the outstanding Parity Bonds and Additional Bonds; provided further, howcycr, that the Required Rcscnc Amount shall ncycr be less than S3,000,r 00 if the maximum annual principal and interest requirements on a'I outstanding Parity Bonds and Additional Bonds exceeds $3,600,000. Immcd,mcly after the issuance and deliver: of the Initial Bonds then: shall be deposited to the credit of the Rcscnc F -mil, from the proceeds of the sale of the In tial Scrics 19986 Bond, money sufficient to cause the Rasene Fund to contain an aggregate amount of n incy and investments equal to the Required Rcscnc Amount for all then outstanding Parity Bonds. After the delivery of any future Additional Bonds the LCity shall cause the Reserve Fund to be increxsai, if and to the extcn, tecessary, so that such Fund will contain ipy an amount of money and investments equal to the Required Rescrve Amount. Any increase in the Required Rcscnc Amount may be funded from Pledged R:vcnecs, or from proceeds from the sale of a ny Additional Bonds, or any other available source or combination of sources All or any part of the Required Rcscnc 20 ' - ~j 132 X o 0 Amount not funded initially and immediately after the deliveryof any installment or issue of Additional Bonds shall be funded, within not more than five years from the date of such delivery, by deposits of Pledged Reverues in approximately equal monthly installments on or before the 25th day of each month. Principal amounts of the Panty Bonds and any Additional Bonds which must be redeemed pursuant to any applicable , mandatory redemption requirements shall be deemed to be maturing amounts of principal for the purpose of calculating prinu~nal and interest requirements on such bonds. When and so long as the amount in the Reserve Fund is not less than the Required Reserve Amount no deposits shall be made to the credit of the Rescue Fund, but when and if the Reserve Fund at any time contains less than the Required Reserve Amount, then the UN shall transfer from Pledged Revenues in the System Fund, and deposit to the credits of the Reserve Fund, nwnthly on or before tS.- 25th day of :ach month, a sum equal to l/60th of the Required Reserve Amount, until the Reserve Fund is re Cored to the Required Reserve Amount. The City spocifieally covenants that when and so long as the Reserve Fund contains the Required Reserve Amount, the City shall cause all amounts in excess of the Required Resene Amount to be deposited to the credit of the Interest and Sinking Fund. Section 21. EXTENSION AND VAPROVEMENT FUND REQUIREMENTS, During each year, subject and subordinate to making the required deposits to the creel: of the Interest and Sinking Fund and the Reserve Fund, the City shall be required to deposit to the credit of the Extension and Improvement Fund, from Pledged Revenues in the System Fund, an amount cyual to 8% of the "Adjusted Gross Revenues of the System", which term is hereby defined to mean the following: the Gross Revenues of the System for such year after deducting from such Gross Revenues an amount equal to the current expenses of op: -tion and maintenance of the System for such year which arc directly attributable to (i) all fuel costs related to the production of electric energy by the City and/or (ii) the purchase of clcctnc energy by the City. Additional excess Pledged Revenues may, at the option of the City Council, be deposited to the credit of the Improvement Fund as permitted by Section 22 (b) hereor, but no such additional deposit is required. All investment interest income from the Extension and Improvement Fund shall be retained in and remain a part of such Fund. Section22 DEFICIENCIES; EXCESS PLEDGEDREVENUES.(a) If on any occasion there shall not be suf&.;nt Pledged Revenues to make the required deposits into the Interest and Sinking Fund or the Resene Fund, such deficiency shall be made up as soon as possible from the next available Pledged Revenues, (b) Subject to rnc!ang the required deposits to the credit of the various Funds when and as required by this Ordinance or any ordinance .uthorizing the issuance of Additional Bonds, any surplus Pledged Revenues may be used by the City fcr any lawful purpose Section 27 PAYMENT OF PARITY BONDS AND ADDITIONAL BONDS. On or before December I, 1998, and semiannually on or before each June I and December l thereafter while any of the Parity Bonds or Additional Bonds arc outstanding and unpaid the City shall make available to the Paying Agents therefor, out of the Interest and Sinking Fulid, or if necessary, out of the Rescnc Fund, money sufficicrit to pay, on each of such dates, the principal of and interest on the Parity Bonds and Additional Bonds as the . same matures and comes due, or to redeem the Panty Bonds or Additional Bonds prior to maturity, either upon mandaton rev' mption or at the option orthe City. At the direction of the City the Paying Agents shall either 0 1 deliver paid Parity Bonds and Additional Bonds, and any interest coupons appertaining thereto, to the City or ~pnp' destroy all paid Parity Bonds and Additional Bonds, and any coupons appertaining thereto, and furnish the City with ar appropriate certificate of cancellation or dcst, ction { 21 A . o Section 24. FINAL DEPOSITS. (a) Any Panty Bond or Additional Bond shall be deemed to be paid, retired, and no longer outstanding within the mean'ng of this Ordinance when payment of the principal of, redemption premium, if any, on such Panty Bond or Additional Bond, plus interest thereon to the due date thereof (whether such due date be by reason of math rity, upon redemption, or otherwise) either (i) shall have been made or caused to be made in accordance with the terms thereof (including the giving of any requires notice of redemption or provision for the proper givirU of such notice having been made), or (ii) shall have barn provided by irrevocably depositing with or makin3 available to a Paying Agent therefor, in trust and irrevocably set asiJc exclusively for such paymetn, (1) money sufficient to make such payment or (2) Government Obligations which mature as to principit and interest in such amounts and at such times as will insure the avauooility, without reinvestment, of sufficient money to make such payment, and all necessary and proper fees, compensation, and expenses of such Paying Agent pertaining to the Parity Bonds and Additional i Bonds with respect o which such deposit is made shall have been paid or the payment thereof provided for to the satisfaction of such paying agent, At such time as a Bond or Additional Bond shall be deemed to be p: id hereunder, as aforesaid, it shall no longer be secured by or entitled to the benefits of this Ordinance or a lien on and pledge of the Pledged Revenues, and shall be entitled to payment solely from such money or Govern- ment Obligations, (b) Any moneys so deposited with a paying agent may at the direction of the City also be invested in Government Obligations, maturing in the amounts and times as hereinbefore set forth, and all income from all Government Obligations in the hands of the paying agent pursuant to this Sec tion which is not required for the payment of the Panty Bonds and Additional Bonds, the redemption premium if any, and interest thereon, with respect to whici! such money has been so deposited, shall be turned over to he City or deposited as directed by the City Section 25. ADDITIONAL BONDS. (a) The City shall hive the right and power at any time and from time to time, od in one or more series or issues, o authorize, issue, and deliver additional parity revenue bonds (herein called "Additional Bonds), in accordance with law, in any amounts, for any lawful purpose, including the refunding of any Panty Bonds or Additional Bonds, or other obligations, Such AdditiorWBonds, if and when authorized, issued, and delivered in accurdance with this Ordinance, shall be payable from and secured by an irrevocable fi-t lien on and pledge ofthe Pledged Revenues, equally and ratably on a parity in all respects with the Parity Bonds and any other outstanding Additi ,nal Bonds (b) The principal of all Additional Bonds must be scheduled to be paid or mature on December I of the years in which such principal is scheduled to be paid or mature, Section 26, FURTHER REQUIREMENTS FOR ADDITIONAL BONDS. Additional Bonds shall be issued only in accordance with this Ordinance, end no installment, Series, or issue of Additional Bonds shall be issued or delivered unless: (a) The Mayor of the City and the City Se:rets• y sign z wrimn certifiuatc to the effect that the City is not in default as to any covenant, condition, or obligation in connection with all then outstanding Parity Bonds and Additional Bonds, and the ordinances authorizing same, and that the Interest and Sinking Fund wA the Rescne Fund each contains the ar.:ount then required to be therein 0 , (h) An independent certified public accountant, or independent firm of ecrtified public accountants, 1D acting by and through a cenifiod public accountant, signs a written certificate to the effect that, in his or its opinion, during either the ncm preceding fiscal year, or any twelve consecutive calendar month period out of lie the 18 -month peri od immediately preceding the month i,i which the ordinance authorizing the issuance of the then proposed Additional Bonds is passed, the Pledged I (even ucs were at least (i) I.25 times an amount equal i 22 n, 4~ r x Yhw-, K 32X ID 1 o ran~a~. a h F41W „b E to the average annual principal and interest requirements, and (ii) 1,10 times an amount equal to the principal and interest requirements during the fiscal year during which such requirements are scheduled to be the greatest, of all Parity Bonds and Additional Bonds which are scheduled to be outstanding after the delivery of the then proposed Additional Bonds, It is specifically provided, however, that in calculating the anx mt of Pledged Revenues for the purposes of this subsection (b), if there has been any increase in the rates or charges for services of the System which is then in effect, but which was not in effect during all or any part of the entire period for which the Pledged Revenues are being calculated (hereinafter referred to as the "entire period") then the certified public accountant, or in lieu of the certified public accountant a firm of consulting engineers, shall di-tcrmine and certify the amount of Pledged Revenues as being the total of (i) the actual Pledged Revenues for the entire period, plus (ii) a sum equal tothc aggregate amount by which the actual billings to customers of the System during the entire period would have been increased if such increased rates or charges had been in effect during the entire period (c) Provision shall be m tdc in the ordinance authorizing their issuance for increasing the Reserve Fend to the Required Reserve Amoun' as required by Section 20 hereof, (d) All calculations of average annual principal and interest requirements of any bonds made in connection with the issuance of any then proposed Additional Bonds shall be made as of the date of such Additional Bonds; and also in maUig calculations for such purpose, and for any other purpose under this Ordinance, principal amounts of any bonds which must be redeemed prior to matunty pursuant to any applicable mandatory redemption requirements shall be deemed to be maturing amounts of principal of such bonds Section 21 GENERAL COVENANTS The City further covenants and agrees that in accordance with and to the extent required or permitted by lase. (a) Perfomtance. It will faithfully perform at all tinxs any end all covenants, undertakings, stipulations, and provisions contained in this Ordinance, and each ord,aanee authorizing the issuance of Additional Bonds, and in each and every Parity Bond and Additional Bnnd; that it will promptly pay or cause to be paid the principal of and kaerest on every Parity Bond and Additional Bond, on the dates "in the places and manner prescribed in such ordinances and Panty Bonds or Additi mat Bonds, and that it will, at the times and in the manner prescribed, deposit or cause to be deposited the amounts required to be deposited into the Interest and Sinking Fund and the Reserve Fund, and any holder of the Parity Bonds or Additional Bonds may require the City, its officials, and employees, to carry out, respect, jr enforce the covenants and obligations of this Ordinance, or any ordinanx authorizing the issuance of Additional Bonds, by all legal and equitable means, including specifically, but without lire tation, the u>.; and filing of mandamus proceedings, in any court of compmnt jurisdicti ,n, against the City, its officials, and employees, (b) City's Lcatal Authority. The City is a duly created end existing home rule city of the Slate of Texas, and is duly authorized under the laws of the State of Texas to create and issue the Panty Bonds and Additional Bonds; that all action on its part for the creation and issuance of the said obligations has been or will he duly and effcclrvely taken, and that said obligations in the hands of the holders and owners thereof are and will be valid and enforceable special obligations of the City in accordance with their teams (c) IiiA C The City has or will obtain lawful title to the lands, buildings, structures, and facilities 9 • s constituting the System, that it warrants that it will defend the title to all the aforesaid lands, buildings, structures, and facilities, and every part thereof, for the benefit of the holders and owners of the Parity Bonds l and Additional Bonds, against the claims and demands of all persons whomsncver that it is Lawfully qualified i 23 5 Y >h 1 ire 32 IG o i I 1 to pledge the Pledged Revenues to the payment of the Parity Wrids and Additional Bonds in the rrwmu r prescribed herein, and has lawfully exercised such rights, i (d) L:iM The City will from time to time and before the same become delinquent pay and discharge all taxes, assessments, and governmental charges, if any, which shall be lawfully imposed upon it, or the System, that it will pay all lawful claims for rents, royalties, labor, materials, and supplies which if unpaid might by law become a hen or charge thereon, the lien of which would be prior to or interfere with the liens hereof, so that the priority of the liens granted hereunder shall be fully preserved in the manner provided herein, and that it will not create or suffer to be created any mechanic's, laborer's, materialman's, or other lien or charge which might or could be prior to the liens hereof, or do or suffer any matter or thing whereby the liens hereof might or could be impaired; provided, however, that no such tax, assessment, or charge, and that no such claims which might be used as the basis of a mechanic's, laborer's, materialman's, or other lien or charge, shall be required to be paid so long as the validity of the same shall be contested in good faith by the City (e) QZration of System, No Free Service. While the Parity Bonds or any Additional Bonds are outstanding and unpaid the City shall continuously and efficiently operate the System, and shall maintain the System in good condition, repair, and working order, all at reasonable cost. No free service of the System shall be allowed, and should the City or any of its agencies, instrumentalitir', lessors, or.oncessionaires make use of the services and facilities of the System, payment monthly of the standard retail price of the services provided shall be made by the City cr any of its agencies, instrumentalities, lessors, or concessionaires out of funds from sources other than the revenues of the System, unless made from surplus Pledged Rewenucs as permitted by Section 22(b) hereof, (f) u r ricumbraticc While the Panty Bonds or any Additional Bonds are outstanding and unpaid, the City shall nx additionally encumber the Pledged Revenues in any manner, except as permitted in this Ordinance in connection with Additional Bonds, unless said encumbrance is madejuniorand subordinate in all respects to the hens, pledges, covenants, and agreements of this Ordinance and any ordinance authorizing I the issuance of Additional Bondi, but the right ofthc City to issue revenue bonds paytble from a subordinate lien on surplus Pledged Rrvenues is specifically recognized and retained, as permired under Section 22(b) hereof (g) $alc or Disposal Pr rt While the Parity Bonds or any Additional Bonds are outstanding and unpaid, the City shall ncq sell, convey, mortgage, encumber, lease, or in any manner transfer title to, or dedicate to other use, or otherwise dispose of, the System, or any significant or substantial part thereof, ' provided that whenever the City deems it necessary to dispose of any property, machinery, fixtures, or equipment, or dedicate such property to other use, it may do so either when a has made arrangements to replace the same or provide substitutes therefor, or it is determined by resolution of the City Council that ro such replacement or substitute is ncccsssiry (h) Insuranc (I) The City shall cause to be insured such parts of the System as wnutd usually be insured byy corporations operating like properties, with a responsible insurance company or zompanics, against risks, accidents, or casualties against which and to the extent insurance is usual!y earned ty corporations operating like properties, includmg• to the extent reasonably obtainable, fire and extendod coverage insurance, insurance against damage by floods, and use and occupancy insurance. Public liability and property damage insurance also shall be earned unless the City Attorney gives a written opinions to the effect that the City is not O } liable for claims which would be protected by such insurance. All insurance premiums shall be paid as an i1 expense of operation of the System. At anytime while any contractor engaged in constriction work shall be fully responsible therefor, the City shall not be required to carry insurance on the work being constructed if the contractor is i xluired to carryappropriate insurance. All such policies shall be open to the inspection of the 14 f f_] 3`x~ 0 l , Bondholders and their representatives at all reasonable times. Upon the happening of any loss or damage covcnd by insurance from one or more of said causes, the City shall make due proof of loss and shall do all things necessary or desirable to cause the insuring companies to make payment in full directly to the City. The proceeds or insurance covering such property, together with any other funds necessary and available for such purpose, shall be used forthwith by the City for repairing the property damaged or replacing the property destroyed; provided, however, that if said insurance proceeds and other fin ds are uv, uffieient for such purpose, then said insurance proceeds pertaining to the System shall be deposited n a special and separate trust fund, at an official depository of the City, to be designated the Insurance Account. The Insurance Account shall be held until such time as other funds become available which, together with the Insurance Account, will be sufficient to make the repairs or replacements originally required, (2) The annual audit hereinafter requiredmaycontain asection commentinet on%hetherornottheCity has complied with the requirements of this Section with respect to the maintenance of insurance, and shall state whether or not all insurance premiums uprn the insurance policies to which reference is made have been paid, (i) Annual Budget and Rate Covenant. The City shall prepare, prior to the beginning of each fiscal year, anannual budget, in accordance with law, r4ceting anestimate of cash receipts and disbursements for the ensuing fiscal year in sufficient detail to indicate the probable Gross Revenues and Pledged Revenues for such fi.,cal )car. The City shall fix, establish, maintain, and collect, such rates, charges, and fees for the use and availability of the System at all times as are necessary (1) to produce Gross kevcnucs sufficient, together with any other Pledged Revenues, to pay all current operation and maintenance expenses of the Systcm, and (2) toproducc an amount of Pledged Revenues during each fiscal year at least equal to the greater of 1 25 times the average annual principal and interest requirements of all then outstanding Parity Bonds and Additional Bonds or 1 25 times the succeeding fiscal y:ar's principal and interest requirements of all then outstanding Parity Bonds and Additional Bonds Q) Records. The City shall keep proper books of record and account in which full, true, proper, and correct entries will be made of all dealings, activities, and transactions relating to the System, the Pledged Revcnucs, and the Funds created pursuant to this Ordinance, and all books, documents, and vouchers relating thereto shall at all reasonable times be made available for inspection upon request crany Bondholder or citizen of the City. To the extent consistent with Gtc provisions of this Ordinance, the City shall keep its books and recorJs in a manner conforming to standard accounting practices as usually would be followed by private corporations owning and operating a similar System, with appropriate recognition being given to essential differences between municipal and corporate accounting practices (k) Audits After the close of each fiscal year while any of the Panty Bonds or any Additional Bonds are outstanding, an audit will be made of the books and accounts relating to the System and the Pledged • Rev cnues by an independent certified public accountant or an independent firm of certified public accountants, As soon as practicable after the close of each such year, and when said audit has been ccarplcted and :made available to the City, a copy of such audit for the preceding )car shall be mailed to the Municipal Advisory Council of Texas, to each paying agent for any bonds payable frocv Pledged Revcnucs, and to any Bondholders who shall so request in writing The annual audio reports shall be open to the inspection of the Bondholders and their agents and representatives at all reasonable times, • (1) Govern. ental Agencies. It will comply with all of the terms and conditions of any and all O • franchises, permits, and authorizations applicable to or necessary with respect to the System, and which have ~t tiiF been obtained from an) governmental agerw:y; and the City has or will obtain and keep in full fora and effect all franchises, permits, AL •'•-rizaticn, and other requirements applicable to or necessary with respect to the acquisition, construction, eq_ rment, operation, and maintcrWce of the System. 23 ~E 32X10 0 (m) No Com itioa It coil! not operate, or grant any franchise or, to thr, extent it legally may, permit the acquisition, construction, or operation of, any facilities Nhich N ould be in competition with the Systcm, and to the extent that it legally may, the City Nill prohibit any such competing facilities. (n) No Arbitraaa The City covenants to and with the purchasers of the Panty Bonds and any Additional Bonds that no use % ill be made of the proceeds of any of such bonds at any time throughout the term of any of such bonds which, if n ch use had been reasonably expected on the data of delivery of any of such k bonds to and payment therefor by the purchasers, would have caused any of such bonds to be arbitrage bonds within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended (the "Code"), or any regulations or rulings pertaining thereto; and by this covenant the City is obligated to comply Kith the requirements of the aforesaid Code and all applicable aid pertinent Department of the Treasury regulations relating to arbitrage bonds, The City further covenants that the proceeds of all such bonds will not otherwise be used directly or indirectly so as to cause all or any part of such bonds to be or become arbitrage bonds within the meaning of the afo esaid Code, o any regulations pertaining thereto, Section 28, AMENDMENT OF ORDINANCE (a) The holders or owners of Parity Bonds and Additional Bonds aggregating in principal amount 31% of the aggregate principal amount of than outstanding Parity Bonds and Additional Bunds shall have the right t.•om time to time to approve any amendment to this Ordinance which may be d,xmcd necessary or desirable by the City, provided, however, that nothing herein contained shall permit or be coast lied to permit the amendment of the terms and conditions in this Ordinance or in the Parity Bonds or Additional Bonds so as to, (l) Make any change in the maturity vt the outstanding Party Bonds or Additional Bonds; (2) Reduce ,hc rate of interest borne by any of the outstanding Parity Bonds or Additional Bonds, (3) Reduce the amount of the principal payable on the outstanding Parity Bonds or Additional Bonds; (4) Modify the terms of payment of principal of or interest on the outstanding Parity Bonds or Addis )nal Bonds, or impose any conditions with respect to such payment; (5) Affect the rights of the holders or owners of lc ss than all of the Parih Bonds and Additional Bonds then outstanding, 1 (6) Change the minimum percentage of the principal amount of Panty Bonds and Additional f Bonds accessary for consent to such amencirtent. s (b) If at any time the City shall desire co amend the Ot dinance under this Section, the City alia!I cause notice of the proposed amendment to be published in a futancinl publication of general circulatirnt in Tde City of Nc York, Ncsv York, once during each calendar week for at least two successive calendar weeks, Such notice shall briefly m forth the nature of the proposed amendment and shall state that a copy thereof is on file at the principal office of the Paying Agents for inspection by all holders or owners of Panty Bonds and Addi- tional Bonds. Such publication is not required, however, if notice in writing is given to each holder or owner of Parity Bonds and Additional Bonds 0 • p (c) Whenever at any time not less than thirty days, and within one year, from the date of the, first publication of said notice or other senice of written notice the City shall receive an instrument or instruments cv.ccuted by the holders or owners of at least 31% in aggregate principal wnou- i of all Parity Bonds and 26 x , e rscru~ev , u VXNM. _ I Additional Bonds then outstanding, which instrument or instruments shall refer to the proposed amendment desenbed in said notice and which specifically consent to and approve such amendment in substantially the form of the copy thereof on file with the Paying Agents, the City Council may pass the amendatory ordinance in substantially the same form j (d) Upon the passage of my amendatory ordinance pursuant to the provisions of this Section, this Ordinance shall be deemed to be amended in accordance with such amendatory ordinance, and the respective rights, duties, and obligations under this Ordinance of the City, and all the holders or owners of then out- standing Parity Bonds and Additional Bonds and all future Panty Bonds and Additional Bonds shall thereafter be determined, exercised, and enforced hereunder, subject in all respects to such amendments F Any consent given by the holder or owner of a Parity Bond or Additional Bond pursuant to the provisions of this Section shall be irrevocable for a period of six months from the date of the first publication of the notice prosided for in this Section, and shall be conclusive and binding upon all future holders cr owners of the same Parity Bond or Additional Bond during such period. Such consent may be revoked at any time after six months from the date of the first publication of such notice by the holder or owner who gave such consent, or by a successor in title, by filing notice thereof with the paying agents and the City, but such revoca- tion slall not be effective if the holders or owners of $11/6 in aggtega;: ,rincipal amount of the then outstanding Parity Bonds and Additional Bonds as in this Section defined have, prior to the attempt3d revocation, consented to, and approved the amendment (f) For the purpose of this Section, the fact of the holding of Parity Bonds or Additional Bonds which arc in bearer, coupon form, by any bondholder and the amount and numbers of such bearer Parity Bonds or Additional Bonds and the date of their holding same, may be proved by the affidavit of the person claiming to be such holder or owner, or by a ccnificare executed by any trust company, bank, banker, or any other depository wherever situated showing that at the date therein mentioned such person had on deposit with such trust company, bank, banker, or other depository, the Parity Bonds and Additional Bonds described in such certificate. The City may conclusively assume that such ownership continues until written notice to the contrary is served upon the City The ovnership of all registered Parity Bonds and Additional Bonds shall be determined from the registration books kept by the registrar therefor. Section 29. DAMAGED, MUTILATED, LOST, STOLEN, OR OFSTROYED DONDS, (a) tai Qlacemrnt Bond j. In the event any outstanding Bond is damagc,+, mutilated, lost, stolen, or destroyed, the Paying AgcnURegistrar shall cause to be printed, executed, and delivered, a new bond of the sane principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed Bcnd, in replacement for such Bond i., the manner hereinafter provided { 0 (b) Annlication for Replacement Bondr, Application for replacement of damaged, mutilated, lost, stolen, or destroyed Bonds shall be made by the registered Tyner thereof to the Paying Agent/Registrar In c%cm case of loss, theft, or destruction of a So,d, the registered owner applying for a replacement bond shall fum{sh to the Issuer and to the Paying Agent/Registrar such security or indemnity astray be reyc irod by them to save ca^h of them harmless from any loss or damage with respect thrrclo. Also, in every case of loss, theft, or destruction or a Bond, the registered owner shall furnish to the Issuer and to the Paying Agcnt/Registrar 1 • cyidence to their satisfaction of the loss, theft, or destruction of such Bond, as the case maybe , In everycase of damage or mutilation of a Bond, the registered owner shall surrender to the Paying AgentRegistrar for 0 0 cancellation the Bond so damaged or mutilated 27 :,WR,U 0 • I (c) No Default Occurred, Notwithstanding the foregoing provisions of this Section, in the event any ! such Bond shall have matured, and no default has occurred which is then continuing in the payment of the principal of, redemPtionPremium, if any, or interst on the Bond, the Issuer may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Bond) instead of issuing a , replacement Bond, provided security or indemnity is furnished as above provided in this Section. (d) Charge for Issuing Rcolacemcat Bonds. Prior to the issuance of any replacement bond, the Paying AgenVRegistrar shall charge the registered owner of such Bond with all legal, printing, and other expenses in V connection therewith. Every replacement bond issued pursuarrt to the provisions of this Section by virtue of the fact that any Bond is lost, stolen, or destroyed shall constitute a conllactual obligation of the Issuer whether y or not the lost, stolen, or destroyed Bond shall be found at any time, or 6c enforceable by anyone, and shall be entitled to all the benefits of this Ordinance enually and proportionately with any and all other Bonds duly issued under this Ordinance i (c) Authority for IssuingRcplac merit Bonds. In accordance with Section 6 of Vemon's Ann. Tex Civ, St Art 7l "k•6, this Section of this Ordinance shall constitute authority for the issuance of any such replacement bond without necessity cf further action by the governing body of the Issuer or any other body or person, and the duty of the replacement of such bands is hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such Bonds in the form and manner and with the effect, as protided in Section 6(d) of this Ordu=ce for Bonds issued in conversion and exchange for other Bonds. Sectioe30. COVENANTSREGARr NGTAX-EXEMPTION. The Issuer covenants to m-fi-ain from any action which would adversely affect, an,u to take such action to ensure, the treatment of the Bonds as obligations described in section 103 of the Code, the interest on which is not includable in the "gross income" of the holder for purposes of federal income taxation. In furtherance thereof, the Issuer covenants as follows (a) to take any action to assure that no more than 10 percent of the proceeds of the Bonds (less amounts deposited to a reserve fund, if any) are used for any "private business use", as defined in section 141(6)(6) of the Code or, if more than 10 percent of the proceeds are so vsod, that amounts, whether or not reeeivod by the Issuer, with respect to such private business use, do not, under the terms of this Ordinance or any underlying arrangement, directly or indirectly, secure or provide for the payment of more than l0 percent of the debt service on the Bonds, in contravention of section 14l(b)(2)ofthe Code; 1 (b) to take any action to assure that in the event that the "private business use" desc ibed in subsection (a) hercof exceeds 5 percent of th, proceeds of the Bonds (less amounts deposited into a rescrve fund, if an) ) then the amount in excess of S percent is used for a "private business u se' which is "related" and not "disproportionate", within the meaning of section 14l(bN3) of the Code, to the go%crnmcntal use, (c) to take any action to assure that no amount which is greater than the le-scr of $5,000,000, or 5 pcrccut of the proceeds of the Bonds (less amounts deposited into a rescrve fund, if an)) is directly or indirectly used to finance loans to persons, other than state or local governmental units, in contravention of section 141(c) of the Code; 0 r I p` (d) to refrain from taking any action which would otherwise result in the Bonds being treated as "private activity bonds" within the meaning of section 14 ((b) of the Code; I 28 I i A azr O (e) to refrain from taking any action that would result in the Bonds being "federally guaranteed" within the meaning of section 149(6) of the Code, l (f) to refrain from using any portion of the proceeds of the Bonds, di ectly or I indirectly, to acquire or to replace funds which Here used, directly or indirectly, toacquire investment property (as defined in section 148(b)(2) ofthe Code) which produces a materiall) higher yield over the term of the Bands, other than investment property acquired with (1) proceeds of the Bonds invested for a reasonable temporary period of 3 years or less until such proceeds are needed for the purpose for which the Bonds are issued, (2) amounts invcited inabona fide debt senicefund,withinthemeaning of section 1.148-1(b) of the Treasury Rcgulatiow, and (3) amounts deposited in any reasonably required rescrveormplacement fund to the extent such amounts do nest exc ed 10 percent of the stated principal amount (or, in the case or a discount, the issue price) of he Certific ties; (g) to otherwise restrict the use of the proceeds of the Bonds or amounts treated as proceeds of the Bonds, as may be necessary, so that the Bonds do not otherwise contravene the requirements of section 148 of the Code (relating to arbitrage), Section 149(g) of the Code (rclating to hedge bonds), and, to the extent applicable, section 149(d) of the Code (reating to advance refundings). and (h) o pay to the United States of America a, Ieast once during each fire-year period (beginning on the date of delivery of tier Bonds) an amount that is at least equal to 90 percent of the "Excess Eamings", within the meaning of section 148(0 of the Code and to pay to the United States of America, not later that 60 days after the Bonds have been paid in full, 100 percent of the amount then required to be paid as a result of Excess Earnings under section 148(0 of the Code. For purposes of the foregoing (a) dnd (b), the Issuer understands that the term "proceeds" includes "disposition proceeds" as defined in the Treasur" regulations and, in the case of refunding bonds, transferred proceeds (If any) and prucecds of the refunded bonds expended prior to the date of issuance of the Bonds It is the understanding of the Issuer that the covenants contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated by the U S, Department of the Treasury pursuant thereto. In the eaenl that regulations or rulings arc hereafter p•omulgated which modift, or expand provisions of the Codc, as applicable to the Bonds, the Issuer will not be iNuired to comply with any covenant contained herein A to the extent that such fadure to comply, in the opinion of nationally-recognized bond counsel, will not adversely affect the exemption from federal income taxation of interest on the Bonds under section 103 of the "c 1n the c%cni that regulations or rulings arc hereafter promulgated which impose additional requirements which arc applicable to the Bonds, the Issuer agrees to comply with th r additional requirements to the extent necessarv, in the opinion of nationally-recognized bond counsel, to preserve the exemption from federal income t taxation of interest on the Bonds under section 103 of the Code In order o facilitate compliance with the above cotenant (h), a "Rebate Fund" is hereby established O t t by the Issuer for the sole benefit of Oc United States of America, and such fund shall not be subject to the 3yti claim of any ether person, including wdthout limitation, the owners of the Certificates The Rebate Fund is l established for the additional purpose cf compliance with Section 148 of the Code, 29 s , MAW" I Section 31. CUSTODY, APPROVAL, AND REGISTRATION OF BONDS; BOND COUNSEL'S OPINION, CUSIP NUMBERS, PREAMBLE, AND INSURANCE. The Mayor of the Issuer is hereby authorized to ha% control of the Initial Bond issued hereunder and all necessary records and prmecdings pertaining to the In, ial Bond pending its delivey and its investigation, txamination, and aPPrural bYthe Attor- i, ney General of th° Sate cf Texas, and its registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of the Initial Bond said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate on such Initial Bond, and the seal of said Comptroller shall be impressed, or placed in facsimile, on such Initial Bond The approving legal opinion of the Issuer's Bond Counsel and the assigned CUSIP numbers may, at the option t of the Issuer, be printed on the Initial Bond or on any Bonds issued and delivered in conversion of and exchange 1 or replacement of any Bond, but neither shall have any legal effect, and shall be solely for the convenience and I` information of the registered owners of the Bonds. The preamble to this Ordinance is hereby adopted and made a part hereof for all purposes If insurance is obtained on any of the Bonds, the respective initial Bond and all other Bonds shall bear an appropriate legend concerning insurance as provided by the insurer, i Section 32. SALE OF INITIAL BONDS, The Initial Bonds are hereby sold ar d shall be delivered to SALOMON SMITH BARNEY, as representative or the Underwriters, in accordance with the Bond Purchase Agreement dated the date of this meeting and presented to the City Council ofthe City at this meeting, The Mayor orthe Issuer is iuthorized and directed to execute, on behalf of the Issuer, said Bond Purchase Agrtvmcnt in the form and substance submitted at this meeting, Section 33. OFFICIAL STATEMENT. An Official Statement dated as of the date of this meeting has been prepared in connection with the sale of the Initial Bonds and the Bonds, in the form and substance submitted at this meeting Said Official Statement and any supplement or addenda thereto have been and arc hcrcby approved, are. '.heir use in the offer and sale of the Bonds is hereby approved. It is further officially found, determined, and declared that k,c statements and representations contained in said Official Statement arc true and correct in all material respects, to the best know9cdge and belief of the Issuer. The distribuvun and use of the Preliminary Official Statement dated luly 1998, prior to the date hereof is hcrcby ratified and approved Section 34 REFUNDING OF REFUNDED BONDS, That concurrently with the delivery of the Initial Bonds the Issuer shall deposit an amount from the proceeds from the sale of the Initial Bonds with The Bank of Ncw York, as Escrow Agent, $ufficient, together with other available amounts, to refund all of the Refundeo Bonds in accordance with Section 7A of Vem,xi s Ann. Tex. Civ. St Psticle 717k, as amended. The 1 Issuer hereby authorizes the execution of the Escrow Agreement dated as of August t, 1998 between the Escrow Agent and the Issuer The Mayor of the Issuer is authorized and directed to execute, on behalf of the Issuer, said Escrow Agreement in the form . rid substance presented to this mecting, It is hercl•v found and determined that the refunding of the Refunded Bonds is advisable and necessary in order to restructure the debt sen icc requirements and procedures of the Issuer, and that the debt serve .e requirements on the Bonds will be i -ss than those on the It ;funded Bonds, resulting in a reduction in the amount of principal and interest which othtrv isc would be payable both on an actual and a present wdue basis bung an actual gross debt service savings of approximately and a present val to debt service savings of approximately S O • Section 33. REDEMPTION OF REFUNDED BONDS. There is attached hereto and trade a part hereof for all purposes a notice of redemption for the Rnfltnded Bonds, which bonds are hereby called for redemption, and shal' be redeemed, prior to their scheduled maturities on the date, at the place, and at the IZV price, set forth therein; the Issuer shall cause the appropriate notices of such redemption to be given in accordance with the requirements of the respective proceedings authorizing the issuance of such bonds; and f; 30 i V, 10 32XIQ 1 O • 'ta~f~ ♦ O due provision shall be made by the Issuer in accordance with law for the payment of the redemption pnce of said bonds by the place of payment (paying agent) for such bonds, Section 36. DTC REGISTRATION. The Bonds initially shrJI be issued and delivered in such manner that no physical distribution of the Bonds will be mad! to the public, and "i:c Depository Trust Company ("DTC"), New York, New Yurk, initially will act as depository for the Bonds. DTC has represented that it is a limited purpose trust company incorporated under the laws of the Stale of New York, a member of the Federal Reserve System, a "clearing corporrlion" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered under Section 17A of the federal Securities Exchange Act of 1934, as amended, and the Issuer accepts, but in no way verifies, such representations, The Initial Bond authorized by this Ordinance shall be delivered to and registered in the name of the Purchaser, limvever, it is a condition of delivery and sale that the Purchaser, smmcdialeiy after such delivery, shall cause the Paying Agent/Registrar, as provided for in this Ordinance, to cancel lid IrutJal Bond and deliver in exchange therefor a substitute Bond for each maturity of such Initial Bond, with each such substit!te Bond to be registered in the name of CEDE & CO., the nominee of DTC, and it shall be the duty o: the Paying Agent/Rcgistrar to take such action. It is expected that Dl C will hold the Bonds on behalf of the l urchawr and/or the DTC Participa its m defined and . dascnbed in the Official Statement referred to and approved in Section 33 hereof (the "DTC Participants") So long as each Bond is registered in the name of CEDE & CO , the Paying Ageut/Rcg6trar shall treat and deal with DTC in all respects the same as if it were the actual and beneficial owner thereof It is expected that DTC with maintain a book entry sy stem which will identify beneficial ownership of the Bonds by DTC Partici • pants in integral a,nounrs of SS,000, with transfers of ownership being effected cn the records of DTC and the DTC Participants pursuant to rules and regulations estal'ished by them, and that the substitute Bonds initially deposited with DTC shall be immobilized and not be fu;iher exchanged for substitute:k,nds except as hereinaf- ter provided The Issuer is nut responsible or liable for any functions of OTC, will not be responsible for paying any fees or charges with respect to its services, will not be responsible or liable for maintaining, supervising, or reviewing the records of DTC or the DTC Participants, or protecting any interests or rights of the beneficial ewncrs of the Bonds, It shall be the duty of the Purchaser and the DTC Participants to make all arrang.mcnts with DTC to cst?.blish this book-entry system, the beneficial ownership of the Bonds, and the method of paying the fees and charges of DTC. The Issuer does not represent, nor does it in anyway covenant that the initial book-entry syste,n coablishcd with DTC will be maintained in the ful ure. The Issuer reserves the tight and option at any time in the future, in its sole discretion, to terminate the DTC (CEDF & CO.) book- entry only registration requirement described above, and to Irctntit the Bonds to be registered in the name of any o-,rner If the hsuer exercises its right and option to terminate such requirement, it shall give written notice of such termination to the Paying Agent/Registrar an. to DTC, and thereafter the Paying Agent/Registrar shall, upon pres,ntation and proper request, register any Bond in any name as provided for in this Ordinance Not,virhstanding the initial establishment of the foregoing book-entry system with DTC, if for any reason any of the originally delivered substitute Bonds is July filed with the Paying AgenURegistrar with proper request 0 for transfer and substitution, as provided for to this Ordinance, substitute Bonds will be duty delivered as pros idod in thi, Ordinance, and there will be no assurance or reoresentation that any book-cntry system will be maintained for such Bonds Section 37. COMPLIANCE W17H RULE 130-12. (a) Annual Rcp,gtl3. (i) The Issuer shall provide annually to each NRMSIR a: J any SID, within six months after the end of each fiscal year ending in . or after 1998, financial information and operating data with respect to the lssucr of the general type included in the final OF.tcial Statement authorized by Section 33 of this Ordinance, being the information described in 0 • Exhibit A hcreti., which Exhibit is attache l to and incorporated in this Ordinance as if written word for word hcrcin Any financ,al statements so to be provided :hJl be (1) prepared in accordance with the accounting principles described in L%hibLA hereto, or such other accounting principles as the Issuer may beIroquired to employ from time to tin a pursuant to stale law or regulation, and (2) audited, if the Issuer commissions an f 31 t g ~r, x 10 32XIEI now s o • I YON" I 4 , audit of such k tatements and the audit is compacted within the period during which they, must be provided. If the audit of such financial statements is not complete within such pc nod, then the Issuer shall provide unaud ted financial statements by the required time and will provide audited financial statements for the applicable fiscal year to each NRMSIR and any SID, when and if the audit report on such statements become available (iii If the Issuer changes iu fiscal year, it will notify each NRMSIR and any SID of the change (and of the date of the new fiscal )car end) prior to the next date by which the Issuer otherwise would be required to provide financial information and operating data pursuant to this Section. Tht, financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific referenae to any documel (including an official statement or other offering document, if it is available from the MSRB) that theretofore has been provided to each NRMSIR and any SID or filed with the SEC. (b) Material Event Notices. TheIssuer shall notify anySIDandeither each NRMSIRortheMSRB, in a timely manner, of any of the following menu with respect to the Bonds, if such event is material within the meaning of the federal securities lawn, I Principal and interest payment delinquencies; 2 Non-payment related defaults; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 3, Substitution of credit or liquidity providers, or their failure to perform; 6, Adverse tax opinions or events affecting the tax-exempt status of the Bonds; 7 Modifications to rights of holders of the Bonds; 8. Bond calls, 1 9. Dcfeasanres, 1 10, Release, substitution, or sale of property securing repayment of the Bond; rind 11. Rating changes The Issuer shall notify any SID and either each NRM SIR or the MSRB, in a timely mariner, of any failure by the Issuer to provide financial information or operating data in accordance with subsection (a) of this Section by the time required by such subsection (c) Limitations. Disclaimers- and Amendments. (i) The Issuer shall be obiigatod to observe and perform the covenants specified in this Section fo• so long as, but only for so long u, the Issuer remains an 0 "obligated person" with respect to the Bonds within the meaning of the Rule, except that the Issuer in any event will give the notice required by Subsection (b) hereof of any Bond calls and dcfeasance that cause the Issuer to no longer be such an "obligated person". I 32 rr{ a 7~ x l.i 32x e ' rweaua 0 l (ii) The provisions of this Section are for the sole benefit of the registered owners and beneficial h rnvmers of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The Issuer undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the Issuers financial results, condition, or prospects or hereby undcrtake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The Issuer does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date (iii) UNDER NO CIRCUMSTANCES SHALL THE ISSUER, ITS OFFICERS OR EMPLOYEES BE LIABLE TO THE REGISTERED OWNER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE ISSUER, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. (iv) No default by the Issuer in observing or performing its obligations under this Section shall comprise a breach of or default under the Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall as to disclaim, waive, or otherwise limit the duties of the Issuer under federal and state securities laws (v) The provisions of this Section may be amended by the Issuer from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the Issuer, but only if (I) the provisions of this Section, as so amended, wmuld have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule since such offering as well as such changed circumstances and (2) either (a) the registered owners of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the outstanding Bonds consent to such amendment or (b) a person that is unaffihatedwith the Issuer (such as nationally recognizedbond counsel) determined that such amendment will not materially impair the interest of tho registered owners and beneficial owmcrs of the Bonds, 1f the lssucr so amends the provisions of this Section, it shall include with any amended financial information or operating data next pro%id6d in accordance with subsection (a) of this Section an explanation, in narrative form, of the reason for the amendment and of the impact of any change in the type of financial information or operating data so provided The Issuer may also amend or repeal the provisions of this continuing disclosure agreement if the SEC amends or repeals the applicable provision of the Rule or a court of firtal jurisdiction cntersjudgment that such provisions of the Rule are ins alid, but only if and to the extent that the provisions of this sentence would not prevent an underwriter from lawiilly purchasing or selling Bonds in the primary offering of the Bonds, j (d) Definitions As used in this Section, the following terms have the meanings ascribed to such, temu blow . 'MSRB" means the Municipal Securities Rulcmaking Board. "NRMSIR" means each persons, hom the SEC or its stiffhas determined to be a nationally recognized municipal securities information repository within the meaning of the Rule from time to time 33 K `10 32X I II „ x O E I "Rule" means SEC Rule I5c2.12, as amended from time to time, 1 "SEC" means the Vnitod Stales Securities and Exchange Commission "SID" means any person designated by the State of Texa, or an authorized department, officer, or r agency thereof as, and determined by the SEC or its staff to be, a stale information depository within the meaning of the Rule from time to time Section 38 FURTHER PROCEDURES. The Mayor of the Issuer, the City Secretaryof the Issuer, i and all other officers, employers, and agents of the Issuer, and each of them, shall be and they are hereby E expressly authorized, empowered, and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge, and deliver in the name and unC°r the corporate seal and on behalf i of the Issuer all 6uch instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Bond Ordinance, the Bonds, the sale of the Bonds, the Escrow Agreement and the Notice of Sale and Official Statement; and the Director of Finance of the City shall cause ' the expenses of issuance of the Bonds to be paid from the proceeds of sale of the Initial Bond or from other lawfully available funds of the Issuer. In case any officer whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery, Section 39. OPEN MEETINGS. The City Council has found and determined that the meeting at which this Ordinance is considered is open to the public and that notice thereof was given in accordance with the provisions of the Texas Open Meetings, I aw, Tex. Gov't. Code, Chapter 531, as amended. Section40. EFFECTIVEDATE. This Ordinance shall become effectivoimmcdiatelyupon its passage and approval, r1 . I 1 ~ t I I ' 1 rl n ii ~ I 1 1 4 I 1(, 34 I , . .1 . 4 r t f C x 7 !~~fi~f 10 , ; 32 x 0 l PO" ~Y ~ 'yea C ~ ~ u . s. o I ' i PASSED AND APPROVED this the 4th day of August, 1998 Jack Miller, Mayor ATTEST: Jennifer Walters, City Secretary APPROVED AS TO LEGAL FORM: i Hcrberi L. Prouty, City Attomey f , By. i 4 i 0 • 1 33 25 x 32X • 0 ~I EXHIBIT A DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 37 of this Ordinance: Annual Financial Statements and Operating Data The financial information and operating data with respect to the Issuer to be provided annually' in accordance with such Section are as specified (and included in the Appendix or under the tables of the 0Meial Statement referred to) below Tables numbered I through 14, inclusive, under the captions "The Utility System", "Debt Senice Requirements" and "Financial Information" in the Official Statement. ,l Appendix B in the Official Statement Accounting Principles The accounting principles reL•rfed to in such Section are the accounting principles described in the notes to the financial statements referred to in the paragraph above ° i I I I `m y r I , K I a 3z X i n o o , OUR#" A0 i NOTICE O PRIOR REDEMPTION CITY OF DENfON (TEXAS) UTILITY SYSTEM REVENUE BONDS, SERIES 1989 , CITY OF DENTON (TEXAS) UTILITY SYSTEM REVENUE BONDS, SERIES 1992 NOTICE IS HEREBY GIVEN that the City of Denton, Taw has called for rodcmption the outstanding Bonds of the City described u follows: CITY OF DENTON (TEXAS) UTILITY SYSTEM REVENUE BONDS, SERIES 1989, dated October I,1989, scheduled to mature on December I, 2006 through December 1, 2009, aggregating 54,400,000 (and being 0 of the outstanding bonds of said series scheduled to mature on and after December 1, 2006 to and including December I, 2009), Call date: December 1,1999; redeemable at a redemption price of par plus accrued interest at the principal corporate offices of The Bank of New York, New York, New York, only upon presentation by the registered owner, CITY OF DENTON (TEXAS) UTILITY SYSTEM REVENUE BONDS, SERIES 1992, dated March 1, 1492, tchodulod to mature on December I, 2006 through December 1, 2014, aggregating S2,740,000 (and being all of the outstanding bonds of said series scheduled to mature on and after December 1, 2006). Call date: December 1, 2004; redeemable at a redempton price of par plus accrued interest at the principal corporate offices of The Bank of New York, New York, only upon presentation by the registered owner. If moneys sufficient for the payment ofsuch redemption price are held by or on behalfof the respoctive paying agent, the described Bonds shall become due and payable on the redemption date specifiod, snd the interest thereon shall erase to accrue from and after the redemption date. In compliance with section 3406 of the Internal Revenue Code of 1986, payorr making certain payments due on debt secuntics may be obligated to deduct and withhold 31 percent of such payment from the remittance to any payee who has failed to provide such payor with a valid taxpayer identification number. To avoid the imposition of the withholding of tax, such payxs should submit.a taxpayer identification number A when surrendering the bonds for redemption. NOTICE 1S FURTHER GIVEN that all Bonds should be submitted to the follow address: The Bank of New York Trust Company of Florida, N. A. 10161 Centurion Parkway • Jacksonville, FL 32256 0 . THE BANK OF NEW YORK TRUST COMPANY OF FLORIDA, NA. 10 X10 32 K i~ MOM G l n+''a ,qti wwrvio.,.~. Wi +e lNtN4M14hSM'hc°NkY~t'/Y1&~ritrlYMf ~ ~i'M~AI , agenda No.nn_ 7' :ma . Agenda lie RIX _ 41- 4? Date_ AGENDA INFORMATION SHEET AGENDA DATE: August 4,1998 Questions concerning this acquisition may be directed s DEPARTMENT: Engineering & Transportatlon to (Jerry Clark, 8390) DCM: Rick Svehla Fr' i 1 y UB5 JECZ: AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITING U- TURNS ON CERTAIN PORTIONS OF WOOD STREET ON SCHOOL DAYS; PROHIBITING PARKING ON CERTAIN PORTIONS OF WOOD STREET ON SCHOOL t DAYS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION THEREOF, PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECIVE DATE, IJACKGROUND This request is necessary due to the traffic impacts of the school across the street. The residents worked well together and with DISD to come up with this plan It is our understanding that the School will be relocated in the future but this should address the short lem impacts on the neighbors across the street. ESTIMATED SCHEDULE OF PROJECT The signs will be placed within two weeks of the ordinance being approved. It would be desirable to have this complete before the new sebooi year. PRIOR ACTION/REVIEW tCoune(l, Boardy.,Comrubsionsl Traffic Ssfety tecommended I approval on this final concept on March 2, 19981 FISCAL ,INFORMATION fstlmafe $300 for signs, BID INFORMATION NA + r, P Attached. 1 Respectfully submitted Jerry O #k Director of Engineering and Transportation ' + r ' r 11 {;A'~v,~ 32X d r U i Memo To Rick Svehla, Deputy City Manager ~'mm Jerry Clark, Director of Engineering & Transportation tm 7115/98 Bc Approval of request for no U4ums and no parking on North Wood Street This item has been considered twice by Traffic Safety. The problem is caused by the Sullivan Keller School's traffic impact By not having loading and unloading occurring on their site, the parents who drop off their children on Wood Street are impacting the neighbors Two primary impacts result from the parents dropping their kids off and picking them up First, their turning movements coming out of the onsite bus drop-off result in U turns to head back north. The U- turns have resulted in damage to the cars parked on the East Side of the street by residents and in near misses with pedestrians. The residents cover this in detail in their report to Traffic Safety Second, the parking on the east side of the strtm makes it narrow, creates pedestrian/car conflicts, and results in impacts on the owners of those properties like their ability to leave without being block in by parked cars We would recommend approv d of the ordinance to improve the safety in this area. Schools should be designed to &ndle their loading and unloading on site This should be designed into the new building v hen the school is relocated. We will work with DISD to f implement that. Finally, more parents parking in the lot off Davis could relieve some of the loading. The walk to the school is slightly longer so the utilization is less than desirable DISD has worked with the neighbors to help reduce the impacts i ,O I ~ 0 • 2 - k t 25 x 1 Q 32XI0 ,nwaan u Traffic Safety Commission January 12*, 1998 Page 2 of 7 TEM N REVIEW AND CONSIDER APPROVAL OF A REQUEST FORNOU TURNS AND NO PARKING ON NORM WOOD STREET ON nlE NORM SIDE OF THE INTERSECTION OF NORTH WOOD AND DAV IS STREETS: r Clark said this is by the Sullivan Keller School The area in question lies 250' north of the north radius of Davis street on the west side of Wood street And 50' north of the north radius of Davis street an the east side of Wood Street. Ernesto And Cris have worked with all the neighbors and the Principal, Ron Arrington to arrive al s solution People dropping offchildren are making U turns hitting vehicles and endangering people. This is unique and diffetent. It's unique to have a school Itre this in a residential area. Wood Street is residential size and not it collector street. The bus lane is a new item that was added 6 months to I year ago. The problem is new, Prior to this. it was kfferson Davis. Staff is in favor. Bacon asked where they propose parents drop off students. Clark said they will address that Ernesto Garza, 517 N, Wood, came forward to address the commission. The problem they are having is people tend to go into the bus lane and make a U turn right in front of his house su they can Fat to the intersection of Wood Street. At the corner of Davis and Wood, they have a huge parking lot that they just built. They have crosswalks to people can cross and walk across the street to drop off their kids. Thal would be the safest, Cris Gutierrez said she was told that the drop off for the children would be on Davis Street. That's why they took the bus traffic and put it on Wood Street. They are doing that but are still parking by the yellow no parking curb. It is causing a lot of trouble. Buses can't gel in the bus lane because ran block them. I Garza said, the curb along the bus lane is pained yellow for no parking. A police officer j said they can't enforce it without an ordinance. Also at 319 N. Wood, their driveway is II completely open. The house sits to the back and people driving northbound tend to pull in there. There have been times when children playing in the front almost get hit. We very convenient for peuple to make a U turn there, t Gutierrez said her neighbor at 519N. Wood has seen people make U turns daily, She works and only sees them of & morning and at noon. Hobdy said he assumes it's no hardship on the neighbors to have that no parking. In other words, yos park in driveways off the street. Garza said that's correct. All these lots, 501 - 505, are one big parking lot. There is it crosswalk and the ctu'os are painted 15 fed from each comer. It's real visible so parents can gel across. Gutierrez said there is a dumpstcr on the 34ect so when people park along the yellow curb it blocks traffic both 1 ways causing a traffic Jam. i 1 Phillips asked if there was any other place I person could drop off it child. Gutierrez said they are suppose to drop off their children on Davis Street. Phillips said, then they aren't even suppose to be here Gutierrez said that's right. Russell Bates said this was going to t be for buses only that people would drop off their children on DIVII Street. Ridens asked how buses gel out of there. Gutierrez said they pull through and drive 0 y, northbound on Wood. Garza said smaller buses tried to pull out and turn Around. He told }t them they were endangering the children and they stopped doing that. Gutierrez said she has a list crest lags she has caught at different times if TSC would like to see it. - 3 - ` ' y. 25 x. IQ 32xIO MJ►. i O , r i nyW0.wJ!dA%J4%a6CRJ:1~117Wa1'N4Y4T11?fj`Y!Y#7,1 ~lblM1W: Traffic Safety Commission January 12's, 1998 Page 3 of 7 Sawko asked what is Lot 622. Gutierrez said that's pan of the school. Sawko asked if people would park adjacent to Lot 622 if you prevent them from puking along the bus line? Claris said that's preuy far way and would probably inconvenience them. Clark said they are trying to separate cat and bus traffic as you can sec by the bus lane. This is unusual, There should have been a design for people to drop off children someplace else. DISD is looking at possibly relocating the school. Hopefully, they will get a proper design on it when it's relocated. The present impact on the neighborhood will hopefully be short term. The school thought there was only going to be a few people here, but it appears they are filling the building. Staff recommends this because it is unusual and is having an impact on the neighborhood. The petitioners have tried hard to I get everybody to sign off and have done a good job in cooperating with the school t STAFF RECOMMENDED: Approval E a , COMMISSIONERS: Sawko made a motion to approve the request as written. Hobdy seconded the notion. Luce said let's make sure we know what the proposition is. Sa%ku said that we approve a request for no U turns and puking along the streets on the v' north side of the intersection of North Wood and Davis, particularly the bus ores is per the site rrup. Clark said it would be 250' north of the north rad us of Davis street on the west aide of Wood Street and 56' north of the north radius of Davis street on the eat side of Wood street. Motion passed t.I,animously. i ' r i s f y r s , c f ~rra , , E r' I hY -4- r f4~~'' N71, t, "1§r➢ i.. i7 r 1 5 al i 32X I T h:., I tatasaaow 1f ^ .1 • rv.: .m P ^i ~C'Vr,r'.vCYV.'M~'Y. rvY.t 1 ',IYV'lYx r4 u':r.a.r ~ .:i.. Traffic Safety Commission Minutes March 2, 1998 Page 3 of 6 i T p KEVIEW AND CONSIDER APPROVAL OF REQUEST TO PROHIBIT V TURNS AND PROHIBIT EAU [NO NORTH OF THE INTERSECTION OF DAVIS AND WOOD STREETS FOR 261 FEET At pNC3 THE WEST SIDE AND FOR 50 FEET ALONG THE AST SIDE TO BE IN EFFECT FROM 7 00 A .M. TO 5:00 M. MONDAY THROJOH FRIDAY ON SCHOOL DAYS: Clark said this is the some request as last time, Instead of having it restricted all the time, they want it restricted five days a week or when there Is school. Mother words, they don't want it restricted on weekends, holidays, or whcn school Is out. Sawko asked if it was tabled last time. Clark said no, The commission approved It, but it would have been restricted all the time and so they elected to not proceed ahead but come hack to TSC. It wasn't advertised that way, so it wouldn't have been legal. Clark said they would have to be careful and realize that if they don't watch the days, they can get ticketed too. Sawko said it's the property owners that want to do it that way. Clark said yes. STAFF RECOMMENDED: Appruval i 1 i r I f l r - S - ~ i 4a~;sr 25x1 , 32x1[ r - - - o I 701 I 613 0 bt3 ~j N b O 619 O-- O C _ 611 ❑ c ~ co 613 c to M 150' n r SULLIVAN KELLER SCHOOL v z 0 z o ° - W9 -u Ln ° a 33 606 Z M s z N tub tub 180' 148,33' JA? 22' Q • DAVIS 150' 1 147. 22' t ~t » 126 427 32XIO WMWAU 0 1 I OR VENANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITING U-TURNS ON CERTAIN PORTIONS OF WOOD STREET ON SCHOOL DAYS; PROHIBITING PARKING SEVBRAB LIITNfY C3LAUS8 pR VIDINGFOR TPUBL! ATION THEREOF; ROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENfON HEREBY ORDAINS: ECON L When signs are erected giving notice thereof: no person shall make a U-tum from 7,00 AM. until 5:00 P.M. Monday through Friday on school days on Wood Street from its intersection with Davis Street north for three hundred feet (300 feet). SE TON IL When signs are eroded giving notice thereof, no person shall park a vehicle from 7,00 A M. until 5:00 P.M Monday through Friday on school days on the fotlowing portions of Wood Street: I he west side of Wood Street from its intersection with Davis Street north for two hundred sixty five feet (165 feet) The east side of Wood Street from its intersection with Davis Sued north for fifty feet (50 feet). 5 K_MN jLI 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 arty court of competent jurisdiction, such holding shall not a5cct the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have waded 0 such remaining portions despite any such invalidity. 5-KjIt V L Any person Nfio shaft violate a provision of this ordinance, shelf be guilty of e misdemeanor punishable by a fine not exceeding Two Hundred Dollars ($200.00) w. MQN 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 of icial newspaper of the City of Demon, Texas, within ten (10) days of the date of its passage i i -7' er ~5 K ❑ 32XIO YQB - 1 1 r 0 S, I ~ 1 ' r..r,..w::~.M+..rrw~arm.+..w•.+•wrW.r•.aak .nrr.~ ••,w • i PASSED AND APPROVED this she _day or 1998. r + JACK MILLER MAYOR 1 ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBZRT L. PROIJTY, CTTY ATTORNEY BY:' Y r• .r f ♦ F V-4 I R g f •ti~ 1 ' 1'~}t.t~(,IYOt.t~Yf~'~C~'~)t)OYIQNOgbIQ~M1~~11K'OVd T1fM }1~t1~TA.~ ~ ~ S 26 x l7 _ 32 x ❑ ' .F. . 0 t;. 7A910iJ! S ~ ' Y r , ,...r... rliS26Ja.f rµRW~Ne'm.a..- s.~...nu«w.F.YwnFWP ~+~t-'M10.^`4KI~IM.T:1f/ry(d:511'r(~d~.~!•Kr'~'w+~'~Z~~ i""Vi~~~ p~ 7 Apenda No.,., Apeada Ile _ - call AGENDA INFORMATION SHEET ti AGENDA DATE: August 4,1998 Questions concerning this ordinance may be directed DEPARTMENT: Engineering & Transportation to (Jerry Clark, 8390) DCM: Rick Svehla '196 4 SUDJECT: AN ORDINANCE OF THE CITY OF DENTON, TEXAS AL. -WING THE CLOSURE OF PORTIONS OF AVENUE C ON MONDAYS THROUGH FRIDAYS FROM 7.30 A M UNTIL 300 P.M. WHEN PEDESTRIAN OR VEHICULAR SAFETY REQUIRE ' CLOSURE; PROHIBITING THE OPERATION OF A NON-EMERGENCY VEHICLE ON CLOSED PORTIONS OF AVENUE C DURING THE TIMES THE STREET IS CLOSED; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE 1t, ;~A' RG Cl LAND The UNT Campus has several new buildings. The new environmental sciences building on the north ead of Avenue C is expected to have the heaviest impact on new pedestrian crossings. The gates will only be closed from 7:30 AM to 3 00 PM which allows the evening peak hours, weekend, and early morning traffic to still use Avenue C for cross town trips. The UNT administration needs to develop a handout map to students to redirect them safety to the parking lots that they have reached off Avenue C in the past ESTIMATED CIIEDULE OF PROJECT UNT wants the change to occur prior to the Fall semester of 1998 Approval at this meeting will allow that schedule to be met. r PRIOR ACTION/REVIEW (Council Hoards Qommissioas3 Traffic Safety recommended approval on June I, 1998, after postponing the one way recommendations on Hickory and Oak to later date to allow more public involvement r FISCAL INFOIt111ATION UNT is paying for the entire cost of the gates, signs, eta r MAP Attached Rebpectfully submitted. r Clark Direcagineering and Transportation :.r ~X~ WT 3 2 10 0 Memo To Rick Svehla, Deputy City Manager From Jerry Clark, Divrwor of Engineering R Transportation i Date' 7115M Re Avenue C Closure This request from UNT was considered by the Traffic Safety Commission at their June 1,1998 meeting, The original request included modifying Oak and Hickory from two-way operation to one way operation between Avenue C and Avenue E Closure of Avenue C eliminates a major corridor on the West Side of town in that Avenue C ties to Jagoe that ties to Malone up to rear Windsor The one way street changes were proposed since no acceptable alternative was decided on such as extending Avenue E to match Ector, etc, to get to US 380 The Traffic Safety Commission recommended postponing the Oak and Hickory issue until more notice could be given to the public on the reasoning for the changes A very detailed memo from Eric Jackson, Chief of Police at the University of North Texas is enclosed. Please reference that for the basis of this request. It includes maps and the staff backup to Traffic Safe? P. Chief Jackson has stated that the UNT police will work to minimize the closing and will do it on a trial basis until it has proven itself or failed tic his stated that he would then ask to reopen the road We have a concem that the 15,000 yips per day are being significantly effected No replacement of public infrastructure is proposed or considered in this request for closure. The tests will quickly show the impacts of these displacements to Avenue D, Avenue E, Welch, and Eagle Avenue D is a residential street, Welch is near capacity during peak hours, and the Eagle corridor is nearing capacity. Several improvements are planned for the Eagle corridor including adding a lane on the north side between IOOF and Avenue A, and the Collins • reliever for Eagle that is being deeigned now, I The University of North Texas is an important part of the community, Chief Jackson has also been very cooperative and effective in his efforis to address traffic problems around the University We feel that the same cooperative spirit should be applied to this effort to Y Address safety issues on the UNT campus Chief Jackson will be at the meeting to address the City Council and respond to any questions. Staff recommends approval . 2 I 9 o , University of North Texas r niiersin.POHIe May 1, 1999 Mr. Jerry Clark Director of Engineering and Transportation City Hall West 221 N. Elm Denton, Texas 76201 Dear Mr. Clark: Approximately ten years ago, the City of Denton and the University of North Texas combined resources to redesign and rebuild Avenue C between Wet Mulberry and Eagle Drive. The impetus for this project was the increasing congestion and risk of car-pedestrian accidents. It is clear the project was a success In its primary goal. There have not been any serious accidents involving pedestrians since the project was %;ompleted. However, Avenue C continues to be congested, and the competition for right of way between pedestrians, bicyclists and motor vehicles will escalate beyond the limits of student safety and driver patience this year. New construction, changes In demographics and increasing use of facilities west of Avenue C have increased pedestrian and bicycle traffic sigacantly. When the new Environmental Education, Science and Technology Building (EESAT) opens this summer and the new Music and Fine Arts Building (WAB) opens next fell, the traffic will increase enormously. Thousands of students will be using the EESAT building, and they will be crossing Avenue C every hour during peak class times. Additionally, dozens of elementary school children will be visiting the building ftequendy. Changes must be made to accommodate pedestrian use of Avenue C and to avoid serious pedestrian injuries or deaths. To avoid such potential tragic occurrences, the University of North Texas (NNT) proposes additional tr0c control on Avenue C. ;pecitically, the University seeks the banning of vehicular traffic on Avenue C between Hghland Street and West Mckory Street during class periods. The University believes this action is necessary to protect the lives of our students and the elementary school students who will visit our campus. To accomplish the goal of protecting these students, UNT proposes placing physical barriers at certain Intersections ffom 7:30 A.M. to 3:00 P.M. Monday through Friday. UNT Is willing to construct, install and operate the barriers, The use of barriers for daily temporary dosing Is a model used at other carnpuus and communities. Ruch as Denton, where control of vehicular traffic was needed to protect i pedestrians. They, as we, have considered other alternatives such as pedestrian bridges over the 4 S4 streets. Unfortunately, experience has shown that pedestrians, especially students, will not use pedestrian bridges. (As may be seen at TWU.) 0) , nog ! M48 - rknkm. Te,n. 76!O1,(YMA - 3 - ,u„i, 5r,<.100- Fu%;9J00?69.V7 A I TDb 19W, 7,15 Z09 32 . r'. ~ I ( t,l y 1 f4+• z I 1 1 a . .r i I 1 ` . 1 F !rte r Fa it .n x....a..w.n. + ♦sxu.uw~~~NVWMMIRM1i..1MM°vr,l r"W I✓'x..{ w.ti=y. ~ I 1 a I Jr Clark Page 2 ! May 1, 1998 F White the University dos not fed dosing the street patodicalty will see"* impede vehicular traffic flow, g we recdFuise in then will be some vehicular tra®c problem as a result of this action. r r Accordingly, we agree with your proposal to adend the one way segmem of W. Oak and W. Hickory to Avenue E. This will allow craft to Bow around the west We of campus more ! efficiently at all thnA but especially during the time Avenue C is dosed. The University recognizes its obligation to the comnumity in this aitaatioa We are wni ft to Bind Q SO percent of the cost of extending the Hickory and Oak one way segments to Avenue R. It is our understanding this cost, lndu ft ad1dond traffic signals, will no exceed $100,000, and our j commitment will not exceed $50,000. V in.aun n ary, this concept oBera Denton and M an economical way to kause pedestrian and bicydiat safety on Avenue Cr It is a contxpt thu will allow Avenue C to ranain opalmostofthe time, while prolu'biting tm& during the peals congestion periods. For more det"ed information, two Appendices are enclosed. Appendix A conntsins ddails'of this plan. Appen& B contains ffequendy asked questions about this proposal sad our position on those questions. I have Woo enclosed the information we provided the madnants on the south side of camps for your review. As you know, we contacted each merchou in the area south of the campus, and invited him or her to a meeting on this matte, no one attended this meeting. Pleats accept this letter u the University's official request to implement this plaA and let me know If there is anything else you need to begin the review process. We would appreciate your scheduling this request for review by the Traffic Safety Commission u soon u pow'ble. B rr 1 c Ta n V v . i Chief f Police ti r' 11 C F. Pole, V.P. Admin. ABlnlrs + AI (a• tf"AE~~,,ti:{` r, P G ~ ^ M 1 J T=I.;~~i({ ~ 32I\`~ 0 UNT Avenue C Proposal APPENDIX A i Proposal: i The University of North Texas (UN'i') is proposing the City of Denton grut UNT the authority to temporarily dose sections of Avenue C to vehicular traffic. The sections included in this request are all sections of Avenue C between W. Hickory Street on the north and Eagle Drive on the south. Specifics of Proposal: I A. The proposal is a proactive project designed to reduce the risk of a serious vehich - pedestrian accident on Avenue C. B. Avenue C is already a high-risk environment immediately before, during and after peak classroom hours. When the EESAT and MFAB buildings open the congestion will increase significantly, C. Besides UNT classes, the new building will be the site of many DISD elementary school field trips. Dozens of elementary school children will be In the area of Avenue C and Mulberry on a daily basis. This activity is expelled to be so constant that DISD may assign a f6d time liaison position to the building. D. To Implement this program, UNT will construct and Install manual gate arms that will be used to block specific sections of Avenue C during peak pedestrian periods. We will construct the gate arms in a way that will allow emergency vehicle access to the closed sections, and some sections will not be closed due to the need for continuous access, i.e., private vehicle access to the Health Center emergency entrance. -IN E. UNT will be responsible for installation, maintenance and operation of the gate arms A F. This plat Is not new or unique. Other institutions and communities have used this tactic u it way to control similarly hazardous situations. It has the advantage of being relatively low cost and highly adaptable. 0. The hours of closure will be approximately 1:30 A.M. to 3:00 P.M. Monday through Friday (clue days only), However, this plan allows the hours to be 0 changed relatively easily, depending on our experiatce with the project. It also allows some sections to be opened while ushers are closed, without creating significant problems or inconvenience for drivers. Aa J la 32XIO . H The initial proposal is to clone the following sections of the Avenue C as indle": 1. Between Hickory and Mulberry, cloned to north cad Muth traffic. "l 2. Between SA=m W Mulberry dosed to southbound traffic. Northbound ism wgl be partially open to allow mcces to Loot 9. 3. Between Sycamore and Chesyary southbound Lea will be partially open to Blow amass to Health Center. Northbound lane will be dosed. l~ Between Chestnut and Highland Street, north and south bound lance closed. Crou greets wig be open at ail tines. i L The project should be implernented during the nunme of 1998 to allow focal residents to become &mi iu with the chaqu. Summary and Conclusion: This pion will reduce the rink of serious Wury or deith of a pedestrian or bicyclist. However, some people MU see it a an imoonvedenm The 8mu am that the only inconvenience will be to the students, lltculty, staff and vWon of LM. The geneal citizen of Denton wig experience only a small amount of fnoonvenieaca In !lien, this charge may reduce the Inconvenience for soma The changes being made to the south end of Avenue E, i.e., connecting it to Avewe D, could improve tmW tiara for those crossing the campus north a southbound. The ahMW &MM L rat the qulckeat route when it coma to Avenue C. At peak traffic times, tnffic jams extend !tom Eagle Drive to W. Ifrckory. Detouring via Avenue B will reduce transit tiara for some drives, and a few extra mirw es added to the travel time of mden% AcWty end smffam insigna8cam when compared with the increased safety two plant offers. , . tl ;w. 1 i' Aar I jV1 I r irk ~r~~4d~ , 25 x 10 ; 32 X 10 o 0 I UNT Avenue C Proposal 1 APPENDIX B The following sre some f Nuently asked questions about this plan and UNT-s position on the question: Q. Wiry not install more traffic controls, i.e., stop lights, four way stops, crosswalks, etc. A. UNT and the City installed signal light and additional crosswatlu on Welch Street In an attempt to address a less serious problem, They have proved highly ineffective. Pedesttiuu and bicyclists regularly Ignore them, creating traffic problems sad risking serious injury. Q. Well, why don't the UNT police enforce the traffic signals and crosswalks. A • Traffic enforcement, including pedestrian violations, Is a secondary respondbility of the UNT police department. The City of Denton is primarily responsible for enforcing traffic laws and ordinances. However, neither the City nor UNT has suffic iem personnel to effectively enforce pedestrian and crosswalk violations. Only major cities, with large traffic divisions attempt to control this sort of activity, and their effort are fatile. Q. Okay, why not use crossing guards or something like thin A. If this were an elementary or secondary school setting, crossing guards would improve safety. However, they would not improve congestion. Also, the flask Impact of such a plan would be enormous. There would be six to eight positions to staff for thirty or more hours each week. Q. Why couldn' t UNT police or security officers direct traffic at class change times? A. First, there are simply root enough of6ce3 available for thisjob. Second, it Is not possible to run a security or police department where your officers are working a fixed point for thirty minutes or more out of every hour during the busiest part of the day. Officers, both 8 police and security, must be available for emergency and urgent caUs• Q. Why not build bridges or put up fences to control the pedestri ans. A. Pedestrian bridges are a waste of resources, The only things they are used for in this sort of environment are banner support, Pedestrians will not climb stain to cross a street unless forced to do so by barricades. Then they will scale or remove the barricades f3rri If possible. Fences us simply not practical in this environment for any number of reasons. O • 84 7 - 10 32 X I O . n L ` p i ~ +L I 1 r~ Q. What have Other scbools and cities done? A. What &CW with a dmIIu problen% Arlington and Uf-Adiagton lowered several hundred yards of Cooper Street below the level of the a mpue. Ground level conmectom (bridge) IM ON street in several locadM Tbis projed cost a reported Si million wben It wu g completed. A snarler project here might be twhWcdy posnb* but It would oat tau of mmio s today. Most entities with simclar earnpw envfroamaas dose streets when pomcle, either pamanauiy or at peak times. The University of MuoW at Columbia use the barrier system we propose. It serves well the Wety of the students and the madmints who need The streets to a the street open late allernoom and all tight Monday though YrIday. will be open completely on the weekends. r' Q. What about the inconvenience to the drivers who must detour around the dosed sections? i 4 41, A Most trait on Avenue C on dm days is ampus routed trek, Is, students, &why, staff or visitor. In most ass, using Avenue B would be quicker and more dent fbr these driven. They use Avenue C out of habit. Afro, any inconvenience will be offm by the increased Wbty for all involved. Another 9dor to consider b envirommentai iacpact Long lines of idling an on Avenue C are common due to traft congestion. This plan will eliminate this probl,bn during tM early morning hours. , r. 'I i • 4 ' 1 } r" r I J r 1 ( ~ . ITY r zw , I V R '1y.r~11 Vfr ^ W e , ,eua.r , 0 Traffic Safety Commission Memo June 1",1999 Meeting ITEM#2 REVIEW AND CONSIDER APPROVAL OF CLOSING AVENUE C BETWEEN WEST HICKORY AND HIGHLAND STREETS BETWEEN THE HOURS OF 7:30 AM, TO 3:00 P.M. AND MAKING OAK ONE- WAY WESTBOUND FROM JAGOEIAVENUE C TO AVENUE E AND MAKING WEST HICKORY ONE-WAY EASTBOUND FROM JAGOEIAVENUE C TO AVENUE E; Eric Jackson, Chief of Police of the University of North Texas, has provided a very detailed analysis of the proposed changes for Avenue C. The primary issue for these changes is the need to reroute the north'south traffic that currently uses Avenue C to access the campus and the ether local traffic that uses it during the day to cross this section of town. New construction (specifically the EESAT and the MFAB), changes in demographics, and increasing use of facilities west of Avenue C have increased the crossing movements on Avenue C. Apparently, some of the new users will be elementary school children. The crossing movements already slow traffic to a crawl during the peak class hours. At times, cars are backed nearly to Hickory and nearly to Highland from the north south movements being obstructed by the crossing pedestrians. Solutions other than closing the road does exist but have been judged to be unacceptable or too expensive as per Chief Jackson's letter, The overhead crossing at TWU has never been used but has not been regulated through official campus operating procedures. It is an option but one that is never chosen except for some of the children who come to camps in the summer. j We have prepared preliminary cost for lowering Bell Avenue through the TAU campus. That road lowering was well over one million dollars with a shorter total length than what would be required on the UNT Campus. Fences create aesthetic problems because they have to be high enough to prevent students from going over them. Our society not wanting to walk any distances out of the way is the primary problem. Consolidating crosswalks would require pedestrians to walk up two blocks out of the way, Replaci„g the crossing movements is an essential issue to staff We had proposed other replacement road systems b,il the impacts on the community that they went through were very high, This includes buying large amounts of right of way, several very -rice homes and businesses, and probably affects quite a few large trees in very established neighborhoods. Our final proposal is to extend the Oak/llickory couplet from the intersection of JagoelAvenue C to the intersection of Avenue E• The intersections of O Avenue E would he signalized at Oak and Hickory as needed in the future to > deal with the increased traffic and or accidents. The current point of change at Jagoo/Avenue C has some unstructunxl movements that occur when visitors or new students work their way through usually heading to or leaving the UN T I, . 9 y L r n 32xio ~f Y c f i a t. Y I XGWARW . . n -...iRU:srf.2+.+cn.x,a..>.+., w... ...,«.r:~wrn..w.,♦eaYU~NS,wravrt*1,61..+~fsll~EY11 /1Mrt'i+A3\+LMW ~%Mf41PMN"..~ ,~w..+. i Traffic Safety Commission Memo June 1't, 1998 Meeting ' campus. Thi• one way couplet will reduce accidents at the existing change point at Jagoe by limiting the potential movements. This is key because the gales at the intersection closing and then opening will create some confusion with unfamiliar driven. It would be better to move the change point to Avenue E where the drivers will have the same clokes every hour of the day. The ' efficiency gwood with the one way couplet being extended to Avenue E is also i supplemented by the increased safely that one way streets provide. UNT has agreed drat this proposal is an experiment. They hay. a quoted the use of barriers at other colleg, s. Please question Chief Jackson if you need more Irecific details at the meeting of the use of moveable barriers. Avenue C will runction as before during the evenings and weekends. Oak and Hickory would remain one way at all times during the day and year. Staff recommends approval of the UNT proposal , UNf will share costs of the ` changes with the City of Denton. The primary question is whether there Is enough City traffic through the campus and whether the rerouting of dual traffic to Avenue E, Welch and other smaller streets can be handled efficiently and safely. Staff feels that with the extension of Oak and Hickory, as a one way couplet to Avenue E, the closure during the primary class hours is reasonable. This hearing is not to consider permanent closure of the road for 24 hours a day. That would have to come back thro~rgh the entire process. t , I s it s r i , ~ 174 ,a to r :rr r~-;~ . ~ 9 f y♦. ~d ~f1" 7 4 i6 ~ , v __---,f 10. ,X1 dSM b;k~+'1 nr32 1 ~r ~ r s 0 l ' Traffic Safety Minutes R June I", 1998 ITEM N2 REVIEW AND CONSIDER APPROVAL OF CLOSING AVENUE ' BETWEEN WEST HICKORY AND HIGHLAND STREETS BETWEEN THE HOURS OF 7:30 A.M. TO 3;00 P.M, AND MAKING OAK ONE- WAY WESTBOUND FROM JAGOE/AVENUE C TO AVENUE E AND MAKING WEST HICKORY ONE-WAY EASTBOUND FROM 1AGOE/AVENUE C TO AVENUE Clark said this request is by the University of North Texas. Chief, Eric Jackson is here to give the presei,tation. He has provided a detailed request on why the Univer. ity of North Texas is requesting this. Staff will allow him to go ahead and present allowing the audience to get the information directly. Basically, a couple of items staff would like to present up early is that the University's request is closing Avenue C between West Hickory and Highland between 7,30 a.m. and 310 p.m. It would open again at night and on weekends. This is primarily to protect pedestrians crossing the campus at peak hours. The issue of the one-way streets, which is on West Oak from Avenue C out to Avenue E and West Hickory from Avenue E back to Avenue C, is the staffs attempt to make the connection to Avenue E. There are other ways to do it such as making links with Avenue E, Currently, Avenue C links all the way when yan use Malone, Jagoe, and Avenue C. It links you all the way between lligl.w,iv 380 and 135. One thing staff believes is an issue is the limited number of "cross-town arterials", Avenue E stops at Oak Street and Welch basically stops at Oak Street, Carroll Boulevard is really the only main north/south arterial then Bonnie Brae. That is the real issue. If commissioners do not think there needs to be a replacement, it could be closed on a trial basis. You would not vote to do anything to Oak and Hickory, People here can go home 0 early i r the commission is going to remove gnat from consideration. The primary issue is to make sure there is t,orth south traffic flow, Staff f his to took at the fact that the city is growing rapidly with growing traffic counts on all major roads. Right now, Vak and hickory are classified as , major roadways. This decision, tonig'.,r, affects one of the north south connections through the city. Chief Jackson will address the types of traffic he Minks is coming through there and the impacts it would probably 0 have. . It _ f, J,F, ?5 ICS 32xIQ EA' 0 i •ror,asr~ Traffic Safety Minutes June 1",1998 In summary, UNT thinks the traffic should be moving out to Avenue E. One of the things that will encourage that is staff making a new realignment. The City will be starting that project late this week actually connecting Avenue D interchange with Avenue E so that it is a smooth connection, Staff has presented that in some right-of-way abandonment in the past meeting, That connection will help make Avenue E more of a focal point. One of the things to look at is the two-way traffic is less efficient. In attempting to get people down to Avenue E, some changes need to be made to make that as safe and efficient as possible. Staff, recommendation is that if you elect to go ahead with closure to Avenue C during these hours, staff recommends that you close it on a temporary basis. If you elect to do that, then you would change Oak and Hickory one-way as shown on the diagrams. The University of North Texas has agreed to participate in signalization of Oak and Hickory to get people cleanly in and out, to avoid any safety problems. Their primary focus Is the closure. They are supporting staffs recommendation to show the commission a united front in presenting these issues as a whole instead of a segmented one. Bacon asked if the construction of the lane between Avenue E and D would begin this week or next week. Clark said it starts late this week. Bacon asked how long it would take !o complete that connection. Clark said staff hopes to have it in place by the middle of August, so it would be open before school starts, Phillips aakcd Clark to cwplain. Clark said now when you conic off the Avenue D interchange on 135 you go through two 90 degree turns. This Is where most of the major facilities are for UNT. It does not make this entrance very attractive. This is where most of the major facilities are located. You have Fouts Field, The Pit, and some major buildings. This is 'M1 where the major p. rking lot for UNIT is located. This will cleanly make this the number one entrance to UNT off 133. That is consistent with what l staff is trying to do on the north end. fl Eric Jackson, Director of Police and Traffic Services at UNT, came forward to address the commission. He said, their request is primarily the authority to close portions of Avenue C between the hours of 7:30 a.m. and 3:00 p.m. to control vehicular and pedestrian traffic. They have tried to make the proposal flexible, so if that tums out to be too much of a time O O span it will adjusted. The idea would be to pat gate arms similar to this at various locations to be raised and lowered. It would Still allow acn ss for emergency vehicles, but would stop or detour vehicular traffic, Tne { 12 i in; ?.h x ~Q 32x ❑ s wUra 0 Traffic Safely Minutes June 1", 1998 I i I reason for this and the reason it has not b,•en asked for before are there has not been money to build new buildings. This is the new Environmental Science and Education of Technology building. This building will have several thousand students in the morning hours with classroom changes every hour with people going back and forth across campus. In addition, there will bean unknown number of elementary students coming to this building, The building has a planetarium and a fossil dig site similar to the one in the Fort Worth museum. There will be so much elementary scht of traffic that the Independent School District has assigned a full-time employee to this building. So, there will be UNT students crossing through there and have elementary students in that area. It is not conceivable to have them on campus and it ^n. not want to cross Avenue C and enter campus to the library, etc on field trips. At this time, during peak traffic times, Avenue C is impassible anyway. This will extend those peak traffic times due to pedestrian traffic through the morning hours up to at least 1:00 p.m. That is when most classes are over. Everybody wants to go to class from 8:00 a.m. to 12:00 pm. In the afternoon, it will lighten up. But, what they want to do and what is shown is to close Iwo segments and two segments would remain partially open for emergency vehicle traffic. The primary purpose is to allow the safe crossing of pedestrians. Avenue C was once four lanes wide with no median. Thcrc were several serious pedestrian vehicle accidents. The City and the University got together, narrowed the street, and put the median in so that there would be sonic safe crossing zones, Since that time, pedestrian traffic has continued to increase. The number of students at UNT have continued to increase to tha point where we are inevitably at now. With this now building and the new performing arts center, the student pedestrian traffic will become even greater as change occurs and classes are shifted to the west side of campus. UNT will inevitably have a car pedestrian accident if something , is not done, This gives UNIT the opportunity to close Avenue C and to control traffic flow at the times needed without permanently shutting down the street. As long as he and Fred Polland are at UNT, Avenue C will never be permanently closed. I hope that no one will want to shut down Avenue C completely in near future if ever. This Is primarily to control traffic at those peak times. O t The changes Clark was talking about to tie Avenue D into Avenue A Is I 't going to route tralYc around UNT. It will route traffic that now comes up and jogs over to Avonuc C. Traffic can go down to Avenue C. ,The UNT 13 - f4 a, ~.I~~ 32Xi❑ Elam MIA& 0 ' o l ~r Traffic Safety Minutes June 1", 1998 information booth will be located in that area. Right now they plan to move the first information booth to this lot, where people coming up ' Avenue E can go straight up Highland and be directed to the new student services center to any place they need to go. People go to Avenue C because it is the main street. It is very inconvenient actually for those people trying to get to the campus or through the campus, The only time it actually is a benefit is when classes are not in session. UNT would not be asking to close those at that time. Weekends and evenings would not be a ptoblcm at all. UNT is not asking to close it completely during those hours but the authority to close it when necessary, If it is f exible enough and it turns out on Tuesdays and Thursdays that it's not needed to be closed, it wouldn't be closed all the time. The City approached UNT in supporting them to facilitate traffic flow on the signalization of Hickory and Oak to change those to one-way streets. That's a traffic engineering call. tut if UNT is causing a problem they think needs to be eliminated th it way, UNT is willing to do their fair share just like on the signalization of Welch. UNT has agreed to pay 50% of the cost of signalization of those areas if necessary and the commission chooses to do that, That is not necessary and essential in their point of view, but they take the City's recommendation that it Ns ould facilitate the traffic flow to Avenuc E. Getting traffic on Avenue E has always been one of the goals for that side of town and with the new change on Avenue D it will make it easier for them to do that for north south traffic. Once people adjust to it, actually for those coming in from either direction will have an easier tinte getting to the campus and locations on the campus because all the cross streets will be open. Avenue E is much easier to travel than Avenue C. llobdy asked if parking arrangements was made before building the Envitonmcntal building for these elementary school students. Jackson said they would be brought by bus. Anangemenls have been for elementary students as far as parking and getting them off the street. They will not be traffic to the building, Elementary students will come in by , bus. The problem with elementary students is, actually he has no idea to what extent this will be, right now the intent is for them to be at the Planetarium and the Anthropology building, ctc, There Is also an opportunity to lour them through campus. People usually take that opportunity especially those in higher grades. They will want to go over to the library, ctc. His main concern is having a steady stream of students coming across here blocking the crosswalks from 30 minutes before 0 } . t classes start in the morning until well alter noon, 14 1 ~1 3 2 X e O 0 Traffic Safety Minutes June 1", 1998 Bacon asked who would make the determination if there were enough traffic say on Tuesday or Thursday to close that. Jackson said the k pedestrian traffic; UNT will work with the City to close it and with a survey using their people with whatever assistance or recommendation the City can provide. The thing about Tuesday Thursday classes, they tend to come in shorter blocks of time. They are there for an hour-half at a time, so they will come in later and leave earlier. They do not have the class schedule for that building, but there are a lot of labs and unknowns at this time. But, it will hold a couple thousand students at a time. It is going to be fully utilized. Sawko asked, during the summer months when there is a decrease of students, would that generally be maintained open? Jackson said there is no need to close this except during the fall and spring classes. That is the reason they have made the request the way they have during fall and spring peak traffic times. The rest of the time it would remain open. Sawko said this area is totally maintained within the university. Jackson i said yes. Originally, they wanted to go all the way to Eagle, but that was overreacting. He and City staff got everyone to agree that Highland street was as far south as they needed to go, There is a lot of','oot traffic at Map1e, but they can handle some of that with the people who are actually causing the traffic. Those are camps and whatever in the summer, Sawko said there is not going to be any inconvenience to homeowners that might be in this area. Jackson said there are no homeowners in that area. No one owns property within this area. It is all UNT property. The only inconvenience will be to those people who are used to going north south. Right now, during class change times, no one goes that way, He watches the traffic all the time and it is UNT's own employees and students getting to the interior lots and not wanting to go over to Avenue E. Now they will be able to get to Avenue E much easier. They all come off Avenue b anyway. Sawko said that is what he thought, but wanted to make sure y there was not any outside issues. Jackson said they attempted to contact all the businesses south of UNT and let them know. UNT threw a party and no one came. They invited them to come up so they would know what , UNT was asking. The Fry Street area group was notified. He does not know their input because he has not attended all their meetings. UNT 1 tried to advise everyone and the City have a ode a concerted effort to rna, a sure property owners on each side knows about it. Bacon asked i f there were any questions. 0 ~ } I lobdy said the expenses incurred in doing this references that UNT would 1q/ pay 50%o. Jackson said only of the signalization. UNT will pay IM/6 for whatever it cost to control the street - Avenue C. UNT was asked to pay j - 15 - 25 10 32do 0 gums= Traffic Safety Minutes June 1998 500,10 of the signaiization cost, which is the way it worked on Welch Street. Clark asked if they could and he said sure, it would be the same ' arrangement as Welch Street. UNT bought all the equipment and the other 50% are for the maintenance and installation cost that the City would have to do. Hobdy asked, UNT would do that again. Jackson said yes. UNT has already committed to that with the approval of the Vice- President of Administrative Affairs. Phillips asked if consideration was given to shutting it down completely. Jackson said no, When he served on the Traffic Safely Commission, he knew how many people used that as a north south access during the weekends. UNT does not want, at anytime in the near future, to ask for that. It is used at off peak times and at night. It is a good access route for people coming to the campus that are familiar with it It will take a long education period for people to learn there are other ways to get into the campus. It is not too bad at night if you do not mind all the stop signs. That has been discussed before and the university's position is they do not need it shut down completely. We would not ask the City to give it to them. It serves a purpose and it would be difficult for emergency vehicle access if closed. Sawko said he noticed on the map that there are some streets like Avenue B that goes to Mulberry and hits Avenue C. How are those little ventricle streets going to be controlled or are they not through streets? Jackson said Avenue B conies down and dead-ends at Mulberry and Mulberry comes through. This will be access to the parking lots and drop off places for people. Those cross streets will be open, Most of them except Mulberry arc accessible directly from Avenue E, Folks coming to Mulberry do have to go to Hickory Street, Sycamore and Chestnut tic into Avenue E directly. Folks going north or southbound and entering the campus will conic down those streets to access the enter campus. Sawko asked if they wanted to go Avenue B to Mulberry to Avenue C would there be a gate preventing them from going. Jackson said on the Mulberry enter change. If they come south on Mulberry coming over here across Avenue C, they would not be able to turn north or southbound because of gates on Avenue ' C. Sawko said control devices would be at each end, Jackson said yes at each intersection. Jackson said this area would have to remain open because there is only one access point on Mulberry for the UNT parking lot. UNT just wants to control the through traffic. This will be left open for emcrgcocy vehicle access to back of the health center. This block here is already a problem. Several vehicle pedestrian accidents occurred here 0 before the new construction because of so much foot traffic between the music hall and Chilton Hall in the parking lots, The situation will only become worse as time goes on, but right now new construction is w 16 ` A N...o 0 dow" Traffic Safety Minutes June 1", 1998 primarily the locations already under construction with other new construction being much smaller going on the other side of the campus. There is more utilization on the West Side classrooms and that will continue with more utilization of some of these areas of recreation sports in the future on the master plan. The traffic will get heavier, but after you get away from the peak class times it is not as bad. There is a new parking system going into place. There will be free parking at Fouts Field for visitors and students. This will be another incentive for students to stay on the West Side for those who do not want to pay for parking permits. There will be a shuttle bus to pick them up. They tried to take as many things into consideration, but the way the system is academics takes precedent. That was the place that the building nee xd to go from the academic standpoint. He just has to find a way to make it work traffic wise. Bacon asked if anyone was present to speak in favor of the petition. Bob Ralph, 1717 West Oak Street, came forward to address the commission. Ralph said he wanted to make three points. The first point is that the area around Avenue C and West Oak Street marks a transition line from UNT, commercial and high density multiple family housing into single family neighborhood. He hopes that any changes that the traffic committee makes is designed to this transition boundary, lie has a map that has not j been on any of the previous presentations. The green areas are single I family neighborhoods. Down here across the bottom is UNT. This is Oak, Avenue C, and Hickory and Avenue C. High-density family housing begins here and then goes into commercial and then mixed single and high-density housing continues this way, The point is we are talking about a transition to neighborhoods, single family neighborhoods occurring right here at this point. Please consider this when looking at the whole plan. ' The second comment is that he is in favor of closing Avenue C from West Hickory and Highland during the stated times. In fact, for 30 years he has supported the closing of Avenue C entirely. lie likes the idea of & closed campus. lie is an alumnus of UNT and thinks it would have benefited the school all these years and in the future would still. He certainly supports a future feasibility study in closing Avenue C. We could allow a good north south access to the city other than through Avenue C through the heart of that campus. 0 a 'the third comment is that he would support the extension of one-way ~M traffic on West Oak and Avenue C at Avenue C to Avenue E and the extension of the one-way flow on West Hickory to begin at Avenue B. If 10 32 X I Traffic Safety Minutes June 1", 1999 the following occurred, (l) replace the light at Avenue C and Oak Street with an all-way stop. The reason being you leave the 7.11 and look up at ' the top of that hill, you see a green light you put the accelerator to the floor and when folks come through that intersection they are doing 45-50 mph. His house is right there and they have two small children. (2) Maintain the all-way stop at Avenue C and Hickory. Do not replace that with a light. An all-way slop controls the traffic speed better. It may slow access, but it sure shuts down the speed. (3) Install crosswalks at Avenue C and Oak, and Avenue C and Hickory in both north south and east west directions. Now there are no crosswalks at Oak and it is terrible to get across the street. (4) Install "Slow Children at Play" signs or something similar west of Avenue C on Oak street. Again, to de-mark the affect that you are leaving a business district in a university area and entering a residential area. Anything to send that message to people in cars. (5) Allow street parking on the south side of Oak and the north side of Hickory in the one-way areas. This would be consistent with the historical area. (G) Continue to allow residents the options of yellow curbing around driveways. Personally, it lakes away from the beauty of the neighborhood, but some folks cannot get out of their driveways without it. Now they have the options of having their curbs painted yellow to keep the vehicles back to see and get out, Ile would like that to continue. (7) Maintain the present street width on Oak and Hickory. That is not part of this proposal, but he does not want to pass up an opportunity to say, "Don't widen this street". Traffic moves up and down it too fast now. lie has some concern with the argument that they are going to have at this point, where the new Em ironmental Science building is, they are going to have a lot of traffic due to high student population. Yet, we are going to stop the closing of Avcnue C at Highland short of Maple. Maple has a higher density student population because of the two dormitories right there. Thousand of students reside in those dormitories. As someone who consistently, although he is in favor of closing it, Uses Avenue C to commute on a daily basis that is one of the most difficult car pedestrian areas that he has encountered. He would argue, let us lake it all the way back to Maple and give those kids a break too. Bacon asked i r there was anyone present to speak in opposition of this petition. Steve Priedson, 2705 West Oak, came forward. Fricdson said, first he has a couple questions for the commission. Who was notified, and how was it decided about this hearing? He did not 0 receive a notice. A friend told him. Clark said everybody was notified up / and down Avenue C from Scripture to 135 and in the business area the owners and tenants. On Oak and Hickory, all the owners should have t f t8 110 C1 '32 x O I Traffic Safety Minutes June 1", 1996 been notified the way it was set up which was through the City Manager's office. Fricdson said he was not notified and it definitely affects his home and living area. Fricdson said that on Avenue E, if it is opened to one-way traffic, it severely restricts access to the city for everybody west of Avenue E where he lives. It is the main route where he takes his daughter to school - Denton High School. You come up from his house to Avenue E. If you restrict his access and other single-family dwellings in getting to Avenue C, it totally makes him go around to Hickory Street either that or back tracking down to Bonnie Brae. People on the West End of Oak use Avenue C as their main access especially toward the north end. It would have a great affect on other families and there are mostly single family dwellings. He urges the commission to consider the affect that has on residents west of Avenue E, Dick Stevenson, 1920 West Oak, came forward. He said, as far as Avenue C is concerned, that is a main north south traffic flow right now. His concern is that if traffic is moved to Avenue E, what is going to happen when North Texas closes the south end of Avenue E for their events. Then you arc not going to have any north south traffic because it will be shut off et Engle, Bacon said most of those events occur in the evening. This is only between 130 a.m. and 3:00 p.m. Stevenson said he could not name specifically an event, but is sure it has happened during the day. Stcvcnson said as far as making West Oak, that he lives on and West Hickory one-way, that's re111y going to distract from the neighborhood atmosphere that they have strove to build for years, It is also going to make it extremely hard for people to get out of their driveways. Ills next door neighbor can not get our now, As far as affecting him personally, it is going to be extremely hard to get to his house from 135. He will have to go all the way up and come down Scripture, They have several neighbors that are not here tonight and he knows they did not get notices. Bacon asked whcre he lived, Stevenson said 1920 west Oak. It is et the corner of Oak and Bradley. He also has a concern about traffic speed, Hill asked where Bradley Street was. Hobdy said one block west. Stcvcnson said it is one block cast of Avenue E. You cross Miller Street to Bradley, Bacon said you are at the corner of Bradley and Oak. Stevenson said yes. Hill said Bradley is not on the map. Stevenson said speed is a concern. You had better not get in front of a beer truck or you will be killed, 19 . ..-,d 10 32x 111 4 O 1 Traffic Safety Minutes June 1996 Don Mouser, 2016 West Oak, came forward, Mouser said he did not care to speak about Avenue C, but he is concerned about making West Oak Street one-way. His concerns are not the convenience issues or the neighborhood issues, but the safety issues. As Dick stated, they have a high rate of speed up and down that street any given time now. They believe if it is one-way, it will increase the speed on that street. Two-way, if you are behind a car you are forced to go the speed of that car. If you have one-way, you can whip around and go right on. He knows the beer trucks referred to • Ben E. Keith distributor. He has called them repeatedly to complain about those trucks. However, it is not commercial traffic that travels too fast, That would increase if it were one-way. Bacon asked the commissioners if they feel like there needs to be some public hearings, or if the community needs to hear about this, or does I everyone feel comfortable in making a decision. Should this be 1 postponed? Sawko asked if there was anyway to segregate the decisions, One being the closure of Avenue C and one being the one-way streets • West Oak and Hickory. Is that possible? Can that be voted on? For example, could Avenue C be decided tonight? Then Bacon proposed, postpone the one- way. Bacon said to get more input. Sawko asked if the notice given is ok. There is no open meeting, notice or publication; they will get into trouble with. Clark said you cannot add things to the request, but as long as you I take a component of what has been advertised, you are ok. I Phillips said he would like to hear a recap from Chief Jackson and staff after hearing these comments from people in the area. Some of them have merit. Phillips asked Clark if he had any thoughts on the subject. Would you prefer to wait until later? Hill said he would like to ask Chief Jackson to conic up to recap for him on Avenue C. Clark said staff received three call-in responses to the request. He wanted to make sure the commission received them. Hi 11 asked Chief Jackson that on Avenue C he stated that it is not a closure of Avenue C but a modification of times in being open. Jackson said it is the authority, What they are asking for is the authority to close it by barricade at peak traffic timcs. They would be either manual or electrical. It would be timed barricades that would come down ax those used at a railroad crossing. The street is too wide and he does not envision exactly t$ how it will be barricaded. It would Just block the lanes they propose yf closing, so emergency vehicles could equally go around it or someone with an emergency, As a police officer for the City of Denton and the 20 t.P4y' 10 32X111 0 1 ~ tip" Traffic Safety Minutes June 1", 1998 University since 1970 and being the Chief of Police and Director since 1986, he has never seen Avenue E closed for an event. They need Avenue ' E for class times. However, if something like that should occur, this gives the flexibility of leaving Avenue C open and put traffic control individuals out there for the time of the events. Therefore, they can address most of the concerns. The ones they carmot are concerns about the one-way street. As far as Avenue C, they have tried to make it flexible so they can fine- tune it. He requests the commission to make the language flexible enough so Legal can write an ordinance to give them the authority, with the City's Engineering input and permission, to control those limes. It might be possible they wall find they need to shut it down front 7:30 a.m. to 10,00 am, and leave it open al noon. It is getting confusing, but if you are actually using physical barriers and people know they can go through there when the barriers are up, it gets flexible. They do not want to close the street at this time, If you see the UNT Master Plan, it projects enough building out there to close it. At that time, there may be enough to get Avenue E all the way through which was originally planned anyway. Bacon said since the barricades will not be used this summer, how much notice or time would UNT need by the time school started, Jackson said, they arc a stale agency, so they have to go out for bid and have time to get them insrallcd They are actually two months bchind on this because the City asked them to consider the Hickory and West Oak one-way. He really needs to know now to make certain he gets them in place. That is certainly the commission's decision. He has been (here end understands several things have to be considered. Wbatever the commission decides, UN T will work with, but [hey really need to know, They are getting information to put the hid packet together right now in anticipation of getting this approved in some fashion, Phillips said let us address-making Oak and Hickory one-way, is it essential? Jackson said it is not essential. Ile believes that traffic, from his cspcricnce as a police officer and dealing with traffic paHems at UNT, wi Il help the traffic flow. The Avenue C or Jagoe and Oak intersection may not be on traffic accident warrants as the most dangerous intersections but it is one of the most dangerous intersections in the City of Denton. Because people coming down Oak from the west blow through that light going westbound from Oak street all the time. Thcy do not sec that it is a uoe-way street, You would move that, and by encouraging, people south, extending it into a flat area and not going down a hill. UNT officers stop people regularly going the wrong direction on Oak past Jagoe 0 because they've come down through the residential neighborhood, they've I conic down two lanes, the lights green and go straight through. That is one of the positives of making it one-way. However, it is not essential for t,. e 0 Traffic Safety Minutes June 1",1998 r what UNT is doing. They are agreeing with Engineering and Traffic that it would probably facilitate traffic flow. Clark has indicated that they can ' do the other on experimental basis and monitor the situation. If what UNT does creates a situation that needs correcting, they have offered to help correct it. Sawko _ ked how do )ou consh uct an experiment relative to Avenue C. He has heard the term permanent and temporary. Jackson said from their standpoint it is a permanent fixture but has removable barricades. So, if it turns out that it is not totally necessary and they have over reacted. Then they are out some money and will use them on! tit parking lots. Sawko said you want authority to do a permanent barricade or the ability to have it. Jackson said until the ordinance changes. It is like the ordinance to control parking. The City can change it at any time they chose to do so. There is not anything permanent. Phillips said since there are some citizens that have not had an opportunity on Oak and Hickory, maybe it ought to be divided up. Bacon asked if that was what the commission wanted to do tonight was make a decision on Avenue C and post-pone the other until there is more input. Sawko asked that if the floor was closed for discussion so the commission could discuss it among themselves. Bacon closed discussion from the floor. Bacon asked commissioners if they wanted to consider both aspects of this or onc: Sawko made a motion that they only consider the Avenue C closure daring the stated times with some flexibility. They will not consider the one-way designation of Oak and Hickory at this time until the citizens of Denton have the opportunity to speak on it. Hill srconded the motion. Bacon said the commission is only considering the closure of Avenue C. Is there any discussion of that between the hours of 7;30 a.m. to 3,00 p.m. or to give them the bit of time they could? Hobdy asked Clark if he was comfortable with the expenditure from the City of Denton relative to the deal with UNT. Staff is happy with 50016. Clark said they are covering all the actual cost of temporarily closing Avenue C. The City's is strictly half the cost of signalization on Oak and Hickory. Filly percent is reasonable. Sawko asked if there was any cost G { for monitoring. The university is handling all cost relative to the 1 installation and monitoring of the gates. Clark said the only thing staff will have to do is have Dannie Cummings, Traffic Consultant, look at the 22 ,i I 4 1 . 14 r} I • 1 J 1 O~ { I r I i iX~~ 4 r r ~ . . w .~..-ro•r• r,.. ~...~,.r_♦ n..w.. wrwww i.ti+.rAby4'vrMYN,oNrw/.. ..~agJUM;rT n.:-.._. 4 1, Traffic Safety Minutes June 1s9, 1998 t UNT plan. It ought to be inexpensive. He has the experience in these temporary closures to make sure ;t meets the manual. You are probably ` talking about a couple thousand dollars. Sawko said there is no ongoing ; cost year after year making sure these work. Clark said Chief Jackson is • good at doing that so,t of stuff UNT has people available to do that. f ° Staff will come out at selected times and observe. ; Phillips said when you bring up the subject again on Oak and Hickory; he would like to get staffs feeling on Bob Ralph's comments. °J Bacon interrupted and said a motion has been made to not discuss that. Phillips said he understands, just something to look at in the future. Hobdy said he had not decided which way to vote. He has some concerns with how TWU is treated relative to how UNT is treated. If TWU were to \y come to the commission wanting to temporarily close Bell, how would F: that be received? From a standpoint of being equitable, he has some concerns. Sawko said the layout of TWU is not the same as UNT. STAFF RECOMMENDED: Approval COMMISSIONERS: Sawko said he is in favor of closing Avenue C from a safety standpoint. Bacon asked if he would like to make that a motion. Sawko said it had already been made and seconded. Motion passed unanimously. Clark asked Bacon to announce that this will go to City Council and be in ' their first meeting in July 1998. Bacon made the announcement i ' 1 , 23 i I y i 0 S ' Avow" • t - i I ONE WAY J V. OAK V. DAK L_ ~UUUU V. OAK V. MCKURY V. MCKORY V. HICKORY NE O WAY " I a STELLA a y LDERRY ! M L:7 IE ~o ~~,,yy u ti W 0 i CfIARLOTTC SYCAMORE SYCAMG7E E E C)v EDVARDS LOUISE ~Q CLOSE AVE C CMtST CIESTL PRA1R[E 7:30am to 3:00pm W~ < IF VEST PRAIRfE 4 CLOSE AVE 0 HIGHLAND ?so ?scam to 330M LMMZLANO is NAPL[ a MAPLE F1 • 1. i A a Ei I'd EAGL[ VASH fANlal UMT G0.f COt1Rt[ J ~ MARG1t CDf.LOti Do ~ D 32 X C r Q I f ORDINANCE NO. I . AN ORDINANCE OF THE CITY OF DENTON, TEXAS ALLOWING THE CLOSURE OF PORTIONS OF AVENUE C ON MONDAYS THROUGH FRIDAYS FROM 7:30 A:M. UNTIL 3:00 P.M. WHEN PEDESTRIAN OR VEHICULAR SAFETY REQUIRE CLOSURE; PROHIBITING THE OPERATION OF A NON-EMERGENCY VEHICLE ON CLOSED PORTIONS OF AVENUE C DURING THE TIMES THE STREET IS CLOSED; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE WHEREAS, the closure of a portion of Avenue C on Mondays through Fridays from 7:30 a.m. until 3:00 p.m. when classes are in session at the University of North Texas and when pedestrian or vehicular traffic indicate closure is necessary for safety; and WHEREAS, it is determined to be in the best interests of the citizens of the City of Denton to allow closure of this portion of Avenue C during the times specified above when necessary for safety; NOW, THEREFORE, TII1' COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That portions of Avenue C from its intersection with West Hickory Street o its intersection with Highland Street may be closed every Monday through Friday from 7:30 a m. until 3 00 p.m, when classes are in session at the University of North Texas if pedestrian or vehicular traffic indicate closure is necessary for safety. SECTION I1 That even during periods when portions of Avenue Care closed, traffic travelling on Chestnut, Sycamore, and Mulberry Streets will be able to cross Avenue C because the intersections of these streets and Avenue C will not be closed. SECTION pI. When traffic control devices are in place giving notice of Avenue C's closure, no person shall operate a motor vehicle other than an authorized emergency vehicle on 1 the closed portions of Avenue C. i SECTION IV, That all provisions of the ordinances of the City of Denton In conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Denton, not in conflict with the provisions of this ordinance, shall remain in full force and effect. i SECTION V. That if any provision of this ordinance or application thereof to any pers,)n or circumstance is held invalid, such invalidity shall not affect the other provisions or applications, and to this end the provisions of this ordinance are severable. 0 I ~ 25 32 X ~y , n i 9 I ` ` y r I ,ITT tYl .y ' I( y'➢ I O l ` f A r i r r I SECTION IV. Any person adjudged guilty of violating this ordinance shall be guilty of a misdemeanor and punished by a fine not to exceed Two Hundred Dollars ($200.00). 10 SECTION VII. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the _ day of 1998, JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L, PROUTY, CITY ATTORNEY BY: A# I I I it ~ `qr l it VSHAXEDIDEM1,01,0rpotum nWWinrca~91'A cCciamc.Eoe pp 1 26 i 2 K 10 J L X I O Lr It, 7{ 1 gamma O ' 1d > / i »o;..a s''•^ a, •t..SO'1,~v,•I,_tls4L+~atlCCF?''~~.~.'~n'~~W1.4XCe1'~f4Ak~9~M~:Dfll~ia+.rw.nn.f~w).t e..=-:.,w. ~ Agenda No Agenda Ito Date AGENDA INFORMATION SHEET i. I ' AGENDA DATE: August 4, IM DEPARTMENT: Engineering & Transportation CM/DCM/ACM: Rick Svebla, Deputy City Manager SUBJECT Consider an Ordinance Partially Vacating Certain Public Utility and Drainage Easements Recorded in the Real Property Records of Denton County, Texas, at Volume 1686, Pages 0852 and 0858; and providing for an effective date. , BACKGROUN-N The abandonment request was originally made by Trendmaker Homes in 1995, along with a similar request for Southridge Estates, Phase It with the intent to relocate existing sewer mains into platted easements or street right-of-way. Both requests were approved by DRC and P & Z, and the ordinances prepared for City Council action in the Fail of 1995. There were some delays in filing the final plats of Phase II and Phase III, and in constructing new sewer mains to replan the existing facilities. Phase 11 was completed in the Spring of 1996 and Ordinance 9b 100, vacating the requested easements for that area, was approved by City Council on April 16, 1996. After further delays, the final plat has now been completed for Soathridge Estates, Phase III, and the new sewer mains for that area have been constructed within platted easements and street right-of-way. PRIOR ACTION/REVIEW (Council. Boards, Commisaloas) The Development Review Committee recommends approval The Planning & Zoning Commission recommends approval FISCAL INFORMATION None. r 1 1 Attached. Respectfully submitted: is Prepared by, J lark. irector i t eering Transportation S' teve Jo son Technical Assistant , 1 5 10 V, 32XIO s *OWN q4mrm i p . a ` d Y • + r IACA T PROJECT um 'STE u z ' or, ,.a' '?,r) 10 32 X I O H 1 ` n I e + t r w YGA2 IsmI .d su. w It 1 9/5. ors P.O.C. •A-1• .■e"1 Q^~ to, COMAC1 AM VIVn ^ 1,l OF o"~ 1CM•As°n 1:iToc 9 r 1,m I m w 232 APA 0 CT. 11 „ . . to I- t Le. 41111 - it 0+ ttT ..Holm YauTM ESTATES \ 3s14.94 / BLOCK 1 P.O.H. A•S' 4 tT2r~.lr 36 t 35 p j, 4 C° .J- F 5 CENTENNIAL HOMES. INC. DBA TRENOMAKER HOMES a> V 7 CC/ 940003327 D.R.D C.i. 8 BLOCK 5 D•1P03'7f R•SSLN 2 3 4 5 1r3n.n 10 LC•3A/,24 D•IP27Y'' ` 1 C2.7 21,1/•/6' t r 2.323 1/ WASH 60 C/•N 23'11'11' ■ 11 , 2 W41 Sir IS I 16 15 14 13 } I 1 LC6 2 N 61ID01• IF N W 3'3f 2 - µf.22 55 54 53 52 51 50 49 POC -A-2" C ' i 6K 1!A 'V BLOCK 1 ' • s•u, • • eru'ii o~ 1 D P.O.S. "A-2" 1 i on a e°Irol S HERSMAN CEVELOPMENT CORPORATION a w1, w e3 J VOL. 3453, PG. 847 w i R.P R D.C.T. 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N 1~ 1 n ~ 1 ~ nm rim ne rie nM lam 0 11 7 A % p"T Or. BECwr. f FINAL PLAT rn OF Lr■4cr SOUTHRIDOE ESTATES, PHASE 3 ' 4 j t C} 32 x Q 0 macs. 4 EXCERPTED DRAFT MINUTES PLANNING AND ZONING COMMISSION July 8, 1998 The regular meeting of list Planning and Zoning Commission of the City of Denton, Taxes was held on Wednesday. Jug 8, 1998, at 7.00 p m., in the City Council Chambers at City Hal, 215 East Mc*nney, Denton, Texas. Present: Elizabeth Gourdie, Bob Powel, Susan Apple, Ellen Hoover-Schertz, Rudy Moreno, Carol Ann Gamer, snd Jim Engelbrscht I Present from Staff Eddie Martin, Assistant City Attorney; Mark Donaldson, Assistant Director of Plemi g; Donna Bateman, Senor Planning Ts hnican; Jerry Clark, Director of Eng inserWrarnporiation The meeting was aged to order al 7:00 p.m. ITEMS FOR IN DUAL CONSIOERATtO i. Consider asoment abandonment, touthrldge Estates, Phew III, eat of Ullisn Miller Parkway, north of Teasley Lane. Mr. Jerry Clark presented Ow staff report Mr. Clark (There was no sudro up to this point of the meeting.) Basically, what we would ask Is that you take action oil l now ath the anent PdZ; and If recommended for approval, It will go to the current Council based on the ort,pnal recommendations which were back N 1995, I think, You have som" think maybe this one might show up beater-sewer is the primary issue here The old sewer line went M this area. ROM now, the sewer can be in the street hero; the sewer an be In the street hen, and l's been moved over Into the street hers-so, these easements are either in the right-of•wey or they're no kxger needed. This is where Ve drainage cores, and this is when the sewer comes. So, this Is no longer needed. We would ask that you consider recommending approval of this, again, to abandon these easements and allow this subdivision to move forward. Commissioner Schertz: Thank you. Are then any questions? Pretty straightforward. Ms Apple: 1 move that we recommend to the City Council approval of the abandonment of certain 16-foot drainage and utility easements within Southrldge Estates, Phase III. Commissioner Schertz: Thank you. Is then a second? Mr. Moreno: Second Commislibrer Schanz: Motion has been made ands second. Min favor..., Mr. Powell Madam Chair. Commissioner Schertz: Ya t Mr. Powell; K I may-1(ust went to make sure there's nobody lithe audience that would Kato speak for or against thle. I know It's not a public hearing: twt (anybody has something to in, maybe we ought to know that Commissioner Schertt: M right. Thank you, sk. Al In favor, pease signify by raising your rMJhf hand. Mor0m arries Ms. Gamer was red present fa lM vote. (6-0) 5. Consider a variants of Section 31.114(9Xd) of ft Code of Ordinances concerning Interoectlon deslgdstreet grade for Summit Oaks Addition. Q Commiss'oner Scheriz hem e5-Consider s verism: of Section 34-114(9Xd) of the Code of Ordinances concerning intersection despNStreet grade for Summit Oaks Addition, Doesn't look like Mr. Salmon, but I bet A works. I;. V 5 t{ ~ m 1 T Y.1 .J ,f, 7 ri K CJ A 'i. e1 l • - r . I~y, '„'/i ,]l Mlf4 VI..pUD'$.,'AS•lw'A`/.}h.l3/. `1'IR44CN!4VWa~'yJr,, teary ..a:,•y.♦ ~ ,r:.. . , r ORDINANCE NO. M AN ORDINANCE PARTIALLY VACATING CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS RECORDED IN THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS AT VOLUME 1686, PAGES 0852 AND 0858; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton has received a request for the partial abandonment of certain public utility and drainage easements; and WHEREAS, the Planning and Zoning Commission of the City of Denton, Texas reviewed the requested abandonment and recommended approval; and f . WHEREAS, the Council of the City of Denton, Texas has determined that the public utility and drainage easements being partially vacated are no longer needed for public use; and WHEREAS, the process for (1) conveying, selling or exchanging the property interests of the City of Denton in the street right-of-way 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 right-of--way to abutting property owners who own the underlying lee simple; shall be followed in effectuating this abandonment; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: ECT10N 1• That the portion of the public utility and drainage easements described in ii Exhibits "A•1" and "A•2", attached hereto and incorporated herein by reference, and recorded in Volume 1686, Pages 0852 and 0858 of the Real Property Records of Denton County, Texas, are { permanently vacated and extinguished as a public easement, to the extent described in said exhibits, SECTION I . That by reason of such vacation the City of Denton's property interest in t the vacated portion of said easements shall, by operation of law, revert to the owner or owners abutting the easements herein abandoned, and the City of Denton releases any and all claims to • the use of the vacated portion of said property as public easements i SECTION 111 That this ordinance shall become effective immediately upon its passage and approval j PASSED AND APPROVED this the day of 1998 ! JACK MILLER, MAYOR 6 16 s, 25'e, 10 32XId { '1 A 1 r r I r ~ 6M~ r r i i y ■s.ew F ATTEST: JENNIFER WALTERS. CITY SECRETARY i~ BY: APPROVED AS TO LEGAL FORM: i HERBEP.T L. PROM CITY ATTORNEY , 1 1 1 f BY: (`r-f a 'L- I 1. F. r f r 1 • vi I r r F.ISIlAR1;:I1,DFfT[.GL'Our ArrumenlsKlnilrurcti~9l+hewltnrrrm au~hNd~e 3 duc 7 C. =dry{ I 1 ~y.g7 ~''~31i} C"7 x I.J r .~I~X 13 f 6 t r 0 I I EXHIBIT 'A•1' FIELD NOTES BEING A PORTION OF THAT CERTAIN 16' DRAIWAIiE AND UTILITY EASEMENT SITUATED :N THE JOHN MCGOWEN SURVEY, ABSTRACT NO. 797, DENTON COUNTY, TEXAS AS RECORDED IN VOLUME 1686, PAGE 8% OF THE DEED RECORDS OF DENTON COUNTY, TEXAS. SAID PORTION BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 5f8' IRON ROD CAPPED 'CARTER $ BURGESS SET FOR THE NORTHEAST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO CENTENNIAL HOMES, INC. DBA TRENDMvQER HOMES. DESCRIBED IN COUNTY CLERKS FILF NO, 94- 0003327, OF SAID DEED R!_ ;ORDS AND THE SOUTHEAST CORNER OF THAT CERTAIN RIGHT-017-WAY EASEMENT DESCRIBED TO DENTON COUNT? AS RECORDED IN VOLUME 333, PAGE 1A, OF SAID DEED RECORDS, AND THE WEST LINE OF THAT CERTAIN 50 ACME TRACT DESCRIBED IN DEED TO J.H. THOMAS, ET UX, RECORDED IN VOLUME 293, PAGE 134, OF SAID DEED RECORDS; THENCE S 01.54'01' E ALONG THE WEST LINE OF SAID 50 ACRE TRACT AWJ " 1E EAST UNE OF SAID CENTENNIAL HOMES TRACT, A DISTANCE OF 304.51 FEET OF A POINT FOR CORNER; THENCE OVER AND ACROSS SAID CENTENNIAL HOMES TRACT THE FOLLOWINU SIX COURSES AND DISTANCES- S 88039'49' W. A DISTANCE OF 368.15 FEET TO A POINT FOR CORNER; 5 67.49'04' W, A DISTANCE OF 174.61 FEET TO A POINT FOR CORNER; t S 76'27'46' W. A DISTANCE OF 50.00 FEET TO A POINT FOR CORNER, FOR THE ~ BEGINNING. OF A NON-TANGENT CURVE TO THE RIGHT; ALONG SAII7 CURVE TO THE RIGHT HAVING A RADIUS OF 275.00 FEET, A DELTA ANGLE OF 08'41'54', A LONG CHORD THAT BEARS N 07'11'17' A DISTANCE OF 41.71 FEET, AN ARC DISTANCE OF 41.75 FEET TO A POINT FOR COF;NER; S 86'39'49' W. A DISTANCE OF 120.09 FEET TO A POINT FOR CORNER; ' 1 S 01.20'11' E, A DISTANCE OF 1.25 FEET TO THE POINT OF BEGINNING; THENCE S 41016'07' E, A DISTANCE OF 226.67 FEET TO A POINT FOR CORNER; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 539.46 FL-ET, A DELTA ANGLE OF 4n°O3'364, A LONG CHORD THAT BEARS S 2161415' E A DISTANCE OF 36.c).54 FEET, AN ARC DISTANCE OF 377.17 FEET TO A POINT FOR CORNER; THENCE S 88'43'39' W, A DISTANCE OF 16.00 FEET TO A POINT FOR CORNER; I _ 9 _ l • { 32X l t p Y t j • , i THENCE ALONG A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 523.46 FEET, A DELTA ANGLE OF 40°03'43', A LONG CHORD THAT BEARS N 21.1411' W A DISTANCE OF 358.60 FEET, AN ARC DISTANCE OF 366,00 FEET TO A POINT FOR CORNER; THENCE N 41016'07' W. A DISTANCE OF 207.55 FEET TO A POINT FOR CORNER: THENCE N 01'20'11' W1 A DISTANCE OF 24.94 FEET TO THE POINT OF BEGINNING, AND CONTAINING 0.216 ACRES OF LAND, MORE OR LESS. F:\JOB\SLD\93328101\SDATA\281EX5A1.FNS j SHEET 1 OF 2 for ~.iWft~AY" & VEDPA) Hsu F - 7.4- SS . r 7 I a r r9 10 lift . it na7 , 0 r u . .....~..w~..w-+r.wMN/Y~MNU.p1MiAMr...rnwr.:arYNr..YNVnI~~.•ww~ ~ rlMw • 1 l 1 EXHIBIT'A•Y , FIELD NOTES BEING A PORTION OF THAT CERTAIN 16' DRAINAGE AND UTILITY EASEMENT SITUATED IN n THE JOHN MCGOWEN SURVEY, ABSTRACT NO. 797 , DENTON COUNTY, TEXAS AND RECORDED IN VOLUME 1686, PAGE 852 OF THE DEED RECORDS OF pENTON COUNTY, TEXAS SAID PORTION BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS a AS FOLLOWS: COMMENCING AT A 5/8' IRON ROD CAPPED 'CARTER d BURGESS' SET FOR THE f SOUTHEAST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO CENTENNAU HOMES, INC. OBA TRENDMAKER HOMES, AS RECORDED IN COUNTY CLERKS FILE NO.94• { 0003327, OF SAID DEED RECORDS, AND THE NORTHEAST CORNER OF THAT CERTAIN 140.69 ACRE TRACT DESCRIBEO IN DEEDTO HERSMAN DEVELOPMENT CORPORATION AS i RECORDED IN VOLUME 3453, PAGE 847, OF SAID DEED RECORDS; THENCE S 88013'53' W, ALONG THE NORTH LINE OF SAID 140,69 ACRE TRACT AND THE f ti J SOUTH LINE OF SAID CENTENNIAL HOMES TRACT, A DISTANCE OF 210.00 FEET, TO THE POINT OF BEGINNING; THENCE S 88043'53'W, A DISTANCE OF 16.00 FEET TO A POINT FOR CORNER; THENCE N 01.16'07' W, A DISTANCE OF 153A9 FEET TO A POINT FOR CORNER; THENCE S 88'43'39' W, A DISTANCE OF 526.20 FEET TO A POINT FOR CORNER; THENCE N 01020'11' W, A DISTANCE OF 16.00 FEET TO A POINT FOR CORNER; THENCE N 88943'39' E, A DISTANCE OF 542.22 FEET TO A POINT FOR CORNER; THENCE S 01.18'07' E, A DISTANCE OF 189A8 FEET TO THE POINT OF BEGINNING, AND , CONTAINING 0.255 ACRES OF LAND, MORE OR LESS. ` e r r F;\JOB\SLD\93328101\SDATA\281EX5A2.FNS OF f SHEET 1 OF 2 s• l z ° r. QA1M 8. YlONO ; ' ; rr. i , { liar 4--1 X 7-, 10 Ih 1 ;1 tai 1 r 1 cl , + (g M~ .a+ rm dY V~ ~ c rI 10 x 1 1 e O 1 i ' I rsa:taa I Agenda lie AGENDA INFORMATION SHEET AGENDA DATE-. August A, 1998 DEPARTMENT: Electric Utility ACM: Eloward Martin, Assistant City Manager for Utilities SUB ACT AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES RELATING TO DENTON MUNICIPAL ELECTRIC WITH RT COVINGTON CONSULTING FOR PROFESSIONAL SERVICES PERTAINING TO ELECTRIC RESTRUCTURING AND ASSISTANCE AND SUPPORT OF CITY STAFF RESPECTING PUBLIC UTILITY LOMMISSION OF TEXAS PROJECT' NO,18703; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN I:FFECTIVF, DATE. BACKGROUND During 1996 and 1997, the Texas Public Utility Commission (TPUC) engaged in an extensive series of workshops, hearings and rate filings which resulted in the development of an electric transmission rate mechanism referred to as Transmission Cost of Service (TCOS). The TCOS structure is extremely complex and subject to "gaming" by transmission owners who have large staffs with the time to manipulate the assumptions and calculations which are .:le basis for the rate development and calculation. Denton is effected by the TCOS mechanism both as a transmission owner and a transmission purchaser. 11 is imperative that we monitor all developments in this process to protect our transmission investment and our ability to buy and sell power for the bceefil of our citizen customers. Since the original adoption of TCOS in 1997, several problems with the methodology have • developed. Concerns about the incentive for construction of new transmission under the new rate methodology have also developed. As described in the attached Memorandum from TPUC staff mcmber.1css Taco to the Commissioncrs, the Commission has decided to undertake a complete review of the existing TCOS rules and address the issue of future transmission construction. "I his process will take place on a eery shot schedule, considering the magnitude and complexity of the issues involved. Denton must take part in these proceedings in order to dctcnd our position. I lowevcr doing so will be a major, time consuming effort. Neither Garland • nor Dcnion has the internal staff necessary to participate fully in this process. It is our intent to 0 • share the services of Rick Covington to attend workshops and hearings on our behalf, review documents, analyze the implications of proposals, draft positions, and assist our TPUC attomeys in preparation of filings. 1 Ise K ~C 32x10 C ' This work on a formal TPUC project is in addition to the monthly regulatory document review, TPUC document file ",taintenance, and meeting representation that Mr. Covington provides to Denton for general coverage of all TPUC activities. r ESTIMATED SCHEDULE OF PROJECT r' The TPUC proposes to begin this Project with a workshop on July 23, 1998 and adopt a new rule by the end of the year. However, Denton staff believes that is an unreasonably aggressive schedule for such a complex set of issues and believes that the schedule will be extended. PRIOR ACTIONIREVIEW (Council Boards Commissions]) d'- The Public Utility Board has reviewed this contract and recommended approval, 3 to 0, at its July 20, 1998 meeting. Two Board members were absent. ° FISCAL INFO Tp ION Not to exceed S 100,000. Respectfully submitted: Sharon Meys Elec uic Utility Director I' r • ~ O b ~ J rn Ma b ~ + i , 2 1 ~n • 0 •I Jl 1\.. ♦.i • 1.1.1 vuJ• J..... ...•u v.. .J. J 1...• 7998 Public Urlllty Commission of Texas RECp,JUN2 MemorandudECEN 98rtSI lM14'3y TO: Chairsrun Pat Wood, m Commissioner Judy Walsh Com riWoner Puricia A. Curran FROM: Jess K Totten ~ 045- of Policy Develo; TA= RIC: Tmamistioa Access aad priaag isaua, Profeot No. 11703 DATE: Juae 171 1991 Issues rtlating to MAYriission access and Pr'd8 have viua in coex cdon with the Commission's investigation of the wholesale market the d,=ssion is var;ous ERCOT comrtvtten sod the Coeuaission's projrna to revtise the tnnzmissioo ^Jks. The purpose of this asMM04= is to propose B gems] eppmeeb sad arbeduk for a rWemmki to address the =W transmission issuer. SeMIdy OM b providing as Kt!00 play foe the mcommessdadoas in the inveWp&a of the wholesale maAK Project No. 17355. Some of the ;vain (rucb u imercooneaioo of oew reswca "nsitioa be mechamsm to the tna maroon priaM ruk) wvrvtl Amos T-xW Ong WAch would to deal with these issues ku Bad deter other MA Urd SAW the priority ndeasalditg is completed The problem wtth this aPKWa b that as taiedited nkmalnng iavolviag coatrow"al issues is likely to take I& toontha, and any imues that are dderred would not be taken up until 1999 For this ra.son, n appan to be pcefenbte to conduct a comprehensive rulc rA&g on "rJ6s5106 issues Dow (AmaAff4ft s to the fuel rile could be done s<PJUately and started Act Lbe trwmiuion rt lemaking is under ny ) I recommend thu a wortsbop be beld io July oo some , r the major issues and that a propotal for comprehetu;iNv revisioJts to the Betas and pcic, S rule be considered by the ComnJikaioa in August or September The rr-oWoos would be proposed in Pcojea No. 11703 The tabk below fists the major eras wbatt rule changes hive boa uggated: OD ecthe A roach i Fwana c 6e oc>sssruwos of Revi+e rub rdatad se a9osas~m ptamirtg Zr~saL U%n9rJ53=. balmes to mm aew and ow rw"-y load, oorfaxt enl roeuroes, and ffIWN= .hoks►4 nwket • ) MOte bok a rutvsaoo m ~ ~ sears e:3bWW ~ aavkx r t boiesak me.A mvl`°t to make ~y a ►id auks tarifb unilarm 3 Provide ckartr txat fignals rel~2ed ltrve rasa rtUmd to recovery of furl ooau to provide to the head for aew mentiao metrvve fa ei m •boksale mthd jj 3 a' 1 r O , Pap 1 i V Ob eatSo Approach a EAMM dial CIUM tisrioo costs ate Rrvue rvka reused to 7usanuaim pricW& u>< uhm fairly recovered by trzrurrumico pcwibk elu =on ortlrnat step of inmitim pemos. pro~iden 6ocorporuo wua addressed m TCOS cosa, aubh-h w'w&k for yodatirg Wicks TCOS Workebep. The tsntues thn appeu to wvnm a worluhop are (1) Who should bear the cow of ktercomeesins new resou m ad (2) wbethrr the aaaiumissioo pricing tuW should be mised to e9edite the recophim of traasmiado s eoaa in rata. Yaw Secreuries have todicated that July 1) is the only date is IuJy M ID of tba CommiaaiOMrI have eyailable for a woksbop Tbo APA beuinD for the &.Mate tvk ("ad No 17519) is dso sehe4uled for July 1) V you do not intend to attend the woAshop, we could schedule it oa a different date, in order to avoid the conIct with the beating in Project 0519. SebedWe. The followiq overLD scbedule ror the tvuzissioo Mcmaking project is proposed. if the fud rule is amended in a wpivue mlemaking prxa:dmg h cotild follow a similu sahedtile sbt to eight weeks later wortsbop ><+ly 1998 Submit proposed rule to Coma fission August 1995 Publish proposed mile September 1991 Public baring November 1998 Adopt rule December 1998 Scope of Me. The following tit of ima describes the proposed scope for this rule Lo more decal Revise mks rebted to tirimminios ptuain8, likeosiol, and eoat reeovu7 0 Clarify ruponi& airy for intercci ecdon costs Embli;b ottgarion to nserw,ven with EA'Gs Clarify respoaability for costs of innterwumtioa stadia Provide for application for multiyear planned service Clarify rules wutmu+g priority of trara%mon seniu Permit joint ryAem uotm studies Q , ExNarou LSO role in foreustiog and tru%srt! Sioa Punning Expedita CCN pm"w Expedite rue recognition of oew truurm lion fse tJes 4 IO r.~ 32 • r as hold 17, 1"S hP t i r Expand wegories of wLwrdwcn upyades not requiring CCN Clarify desiF ion v. nomirudon ofrtwwces Revise ADR sod complaint proctdures to mike process more eRtctive Revise accUlM service rules to simplify sad make tarifra more uniform ixicie8 of andllary services Require p" of print for aoeeilary tervicei Permit sharins of proPq from aataBary services F.>iminw services avtulable ody to utilities (s g , wdvateet creepy) Mf Rate unneeded ar.ihq services Recognize moeopoly ancillary services Require eooostaocy in wms of andliary services PA-,iu rules related to recover: of fuel costa to provide incentive for participation is able", MIA d Revise NO to aDoty shareholder to retain a Shut of the pro6ts from off•rystero sales of apply produ to reduee orvuded Investment RrAse i As to di"Dov cost recovery during a fuel reaonciiiation if the utility does tans take sdvtunUt of MAet opportunities Revise Fula related to traosmiuioa pricier= Provide for M-year load changes SanpVy VAMM ululation DAinate third yur of wimioo pim Make proy'kPim for kun more egWtable RKWu a utilities to provide suppm4 inforraation for redispaich casts M ReEea decisions reu8ed in weteated uses io PUC rsi*. rig package Establish schedule for 4COS updates i s'rer~aa'nN t 9aaTtmm due • O • 1 s 10 32 x ❑ p a i i 1 2 3 4 PUBLIC UTILITIES BOARD DRAFT MINUTES 3 6 July 20, 1998 7 8 The Public Utilitin Board convened a regular meeting Monday, July 20, 1998 at 8 a.m. in the City of 9 Denton Service Center Training Room at 901 B Texas Street at which the following was considered: t0 11 AGENDA ITEM 11: CONSIDER APPROVAL OF TASK ORDER 98-D BETWEEN THE CITY OF 12 DENTON AND R.J. COVINGTON CONSULTING FOR AN AMOUNT NOT 13 TO EXCEED $71,300 14 55 Sharon Mays, Director of Electric Utihtiea, asked the Board to approve Task Order 98-D for consulting 1 16 services between the City of Denton and R.J. Covington Consultants. 17 18 The Public Utilities Board voted unanimously to approve the coasultant fees with an additorsal $28,500 19 after a motion by Board Member Bob Copley and second by Board Member Dick Norton. 20 21 10 22 23 24 23 26 27 28 r 29 30 M 32 33 34 35 36 37 38 39 40 41 * 42 43 44 43 46 41 49 y 49 r• S2 , • cr • 51 gall 33 it a f: a.. s 1 ~ v 6 l 1 t~ : s 'i A, Y" f be etc+ 751x 10 ,'12x10 0 1 FLlured'dey11AL'UulJavmerti,Ordinancn'9A',Amrnded Rl Ordin+nce do ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES RELATING TO DENTON MUNICIPAL ELECTRIC WITH R.I. COVTNGTON CONSULTING FOR PROFESSIONAL SERVICES PERTAINING TO ELECTRIC RESTRUCTURING AND ASSISTANCE AND SUPPORT OF CITY STAFF RESPECTING PUBLIC UTILITY COMMISSION OF TEXAS PROJECT NO. 19703; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on the le day of February, 1998 the City entered into a "Professional Services Agreement For Consulting Services Relating To The Denton Municipal Electric Utility" ("Agreement") with RJ. Covington Consulting ("Covington"); and on the 28"' oay of April, 1998, the City and Covington entered into a First Amendment to said Agreement, in both of which Agrxmerts Covington agreed to perform professional and consulting serviced pertaining to electric utility restructuring; and WHEREAS, several events have occurred before the Public Utilities Commission of Texas, namely in Project No, 18703, and other related Projects since the City entered into the above Agreement and the First Amendment to Agreement, which impact upon the position of the City's Municipal Electric Utility as it approaches the upcoming Texas Legislative Session, and which urgently requires that Denton obtain additional professional and consulting services in order to piotect its position and advance its interests; and WHEREAS, it appears to the Council that it is in the best interest of the City to obtain such additional professional and consulting services by entering into a Second Amended Agreement with Covington. NOW THEREFOR, i T14E COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I: That the City Manager is hereby authorized to execute the Second Amendment To Professional S-rvices Agreement For Consulting Services Relating To The Q Denton Municipal Electric Utility (the "Second Amended Agreement") with R.I. Covington Consulting for the provision of additional professional and consulting services related to electric restructuring and deregulation, and related to PUC Project No. 18703; a copy of which Second + Amended Agreement is attached hereto and incorporated herewith by reference, along with any 1 Task Orders and other documents necessary in the performance of the Second Amended Agreement Q SECTION IL Thrt the expenditure of funds as provided in the attached Second Q Amended Agreement is hereby authorize SECTION Ill: That this ordinance shall become effective immediately upon its passage and approval 7 ) 1K 10 32X10 s , i PASSED AND APPROVED this the _ day of 1798. ' I JACK MILLER, MAYOR I ATTEST: JENNIFER WALTERS, CITY SECRETARY , ' BY: t J APPROVED AS TO LEGAL FORM: , HERBERT L. PROUTY, CITY ATTORNEY BY: I- r, a . ~ r i C S ilk 9 R n i 1 txy4„`t}7I3~x~❑ r V . p i IWO" a STATE OF TEXAS § I COUNTY OF DENTON § 1 SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES RELATING TO DENTON MUNICIPAL ELECTR3~ I~ • THIS SECC!40 AMENDMENT, to the Professional Services Agreement For Consulting Ser-ices Relating To The Denton Municipal Electric Utility, entered into on the 16`h day of February, 1998, by and between R.J. Covington Consulting. a sole proprietorship, with its principal offices at 13276 Research Boulevard, Suite 204. Austin, Texas 78750 ("Covington'); % and the City of Denton, Texas, a Texas Municipal Corporation, with its principal offices at 215 E. McKinney, Denton, Texas 10,201 ("City") for professional and related consulting services i provided to the City, which Agreement is hereinafter referred to as the "Base Agreement"; said Base Agreement was heretofore amended by First Amendment, entered into on the 28`" day or April, 1998, by and between Covington and the City, which Agreement is hereinafter referred to as the "First Amended Agreement". In consideration of the me+ual promises of the parties, the terms and conditions set forth herein, and for other good and 1 aluable considerations expressed herein, the parties hereby q AGREE to amend the said Base Agreement and First Amended Agreement as follows: L Shat Article 11. "Scope of Services" of the Base Agreement and the First Amended Agreement is hereby amended by adding the following additional provision: 11,F. Covington shall provide to the City those services -u•! forth in Task Order No. 98- D (tasks A,B,C,D,E, and F) • That Article 111. "Period of Service' of the Base Agreement and the First Amended Agreement is hereby amended by edding the following additional provision; As to the period of service respecting the completion of Task Order 98-D, the term of th[l Agreement shall be from July I, 1998 to June 30, 1999. " • Ill, I r r I That Artich; AV. B.1. "Compensationn?;iiiq and Payment" of the Base Agreement and the First Amended Agreement i. hereby amended by adding the following additional provision: i I 1 A Second Amendment 77 Proreui on at Smlce -Page I 9 7K p ~z x C~ S 0 r 1 With respect to the additio.tal professional services to be performed by Covington pursuant to Task Order 98-D, the City agrees to pay Covington, a further professional fee, including reimbursement for direct non-labor expense, not to exceed S 100,000.00. IV. That Article XIV. "Entire Agreement' of the Base Agreement and the First Amended Agreement is hereby amended to replace the entire paro,graph co^.taia.d in Article XIV, With the following language, to wit: This Agreement, consisting of nine (9) pages, plus Exhibit "A" (Fees For Services), Task Orde; No. 98.8, Task Order No. 118•C, and Task Order No. 98-1); which Exhibit "A" and Task Orders are incorporated by reference herewith, constitutes the complete and final expression of the Agreement of the parties anti is intended as a complete and exclusive smtement of the terms of their Agreement and supersedes all prior contemporaneous offers, promises, representations, negotiations, f:iscussions, communications and agreements which may have been made in connection with the subject matter hereof. V. i IN WEI NESS WIIERFOF, the City of Denton, Texas has caused this Second Amended Agreement to be executed in duplicate original counterparts, by its duly-authorized City Manager; and Covington has executed this Agreement by its duty-authorized Owner and Proprietor on this the day of, 1998. "CITY" CITY OF DENTON, TEXAS BY: Te_ d Benavidcs. City Manager A ATTEST: • JENNIFFR WA►,TLRS, CII Y SFCRETARY k j BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, Cl fY ATTORNEY B Y: AL _,N i endmenl To Professional Senkes - P4Be 1 _ Second Am 10 0 , 1 j r 1. , . rn.• r.vMrr': wr'wa~nnn xn wlMnp/rwPN rw. -w+ ..w . ' f . ' i ' i r "COVINGTON" I R.J. COVINGTON CONSULTING BY: Richard J. C ington 1 F, Owner & Proprietor AT-TEST: By: r. ti 1 1i i f',yr,~+Q~ oC•I.GI ow Unvm muu Cortrw&91 %ccund AmcrJcdCminjfondLx 4. I r w + ^ :e I k e4 tt r~ , , j Second Amendment To Profcsslonsl Servkes- Pege 3 ,r 32 x I II Him 0 i AMENDMENT TO PROFES31ONAL SERVICES AGREEMENT DATED FEBRUARY 16, WS BETWEEN THE CITY OF DFNTON AND R.). COVINGTON CONSULTING TASK ORDER NO. 98-D This Task Order sets forth specific services to be provided by R J. Covington Consulting (RJC) and amends Article IV, B, 1 of the Professional Services Agreement. Tasks IIII provided for in this Amendment are directed at assisting the City staff (Staff) in participation at the Public Utility Commission of Texas (PUC) on issues affecting the City. The PUC has identified Project 17555 - Investigation Into the Competitiveness of the ;tVesafe Alarket and D.xket 18703 - Rm;,.-v of Transmission Access Rule,, PU_- Subst, Rule 23.67 and 23.70 to address a number of issues related to restructuring of the electric industry in Texas. PUC staff has recommended the following categories of actions in order to accelerate the pace at which the wholes,!e market is developing, This includes; 1 ) PUC Rulcmaking; 2) Other PUC Activities; and 3,)150 Activities. The PUC has projected a schedule for these activities to cover from )uly 1998 through December 1995 Ihese proceedings will overlap other Dockets Because Docket 18703 is the transmission open access rule, ;t essentially opens the entire rules 23.67 and 23.70 for discussion. Fur example the Commission has also cited an inierest in reworking the transmission pricing structure (VAMM and Postage Stamp), including the transition mechanism issue. The frequency of TCOS updates, whether to update billing units and other TCOS issues are also up for review, The rules for governing must-run uni's (Project 14789) is being reviewed and will likely be addressed rjrther in the discussion on ancillary sarvicesin D,K:ket18703 R)C's work will therefore focus on these proceedings, and related proceedings as they evoh e, to address restructuring issues. RJC's role will be that of Staff liaison to PUC to keep Staff informed on activities, work with Staff in developing positions or, issues, assist Stalf in responding to tssues that affect City and provide technical support for Staff and City's legal experts on regulatory issues, RJC's activities will include; 1) attending works' opr hosted by PUC and ISO, 2) participating on relevant PUC and I'~(J committees to dlscu5s and debate issues, 3) analyzing proposed rules filed by PUC and policies presented by ISO, E s 4) preparation of comments to be filed at the PUC to present the City's position on t • issues; 0 1♦ 5) analyzing comments filed by other parties on issues affecting City, i 12 i x ❑ 32 x Q 411 o 0 6) working with City Staff and legal team to develop responses to positicns taken by other parties adverse to the City's positions, + 7.) providing technical support to Staff and the City's legal team on issues before the PUC and the ISO, S) maintaining information on activities at the PUG ERCOT ISO and the Legislature that supports effective representation on issues in these and related proceedings associated with restructuring in Texas. Scope of Services Task A Altendin Workshops At PUC And IS I RJC will stay informed on activities at PUC and ISO and will attend workshops as needed. 2. When appropriate, RJC will participate in workshops to represent interest of City based on lirections of Staft. 3. Reports will be provided IoSlaff detailing issues addressed and positions taken by parties at workshops, TaskB ParticioationOnCornrttiitlees 1 RJC will participate on working committers as approved by Staff in order to influence issues and solutions brought forward for discusssun to larger groups. 2. Staff will be kept informed of issues being addressed in committees and positions of patties. 1 RIC will discuss with Staff poOions which should be taken and -tralegies fur working with parties involved Tar_C Ana1Y.Le PProposed Rules and Policies ' . l 1'he proposed new rules and rule changes from the PUC and associated proposes: policies from the ISO will be analyzed 2 RJC will discuss proposed new rules and changes to existing rules w,6 Staff, helping; to identif.r areas of concem and preparing positions on rules that represent interests of City 3 RIC will meet with PUC staff as appropriate to discuss the proposed rules and present the City's concems regarding PUC staff proposals. 13 r 2S 10 32XI❑ c l i i iii.. M., r. IV v' ,i r .ii~✓1'.~ ii. ..i i..... ~ Task D Preparation of Comments 1. RJC will prepare or assist in preparii g comments to be filed with PLIC representing City's M.ition on issues brought up in proposed rules. 2, 'These comments will be coordinated through Staff and the City's legal team. 3. RJC will assist the City's legal team as necessary in the preparation of and filing of comments. f Task E Work With Staff And Legal Team I . RJC will have co,Anuingcommuniration with Staff and the City's legal team in order rf to monitor propose-] industry changes and address those issues affecting municipalities. 2 An on-going dialog will be maintained with Staff and the legal team in order to evaluate changing proposals and evaluate potential effects on City operations 3. Information necessary to supplement and support the decision making process will be provided as requested. 4 RJC will be available to discuss with the Utility Hoard and City management activities at PUC and the ISO as requested from time to time by Staff. 5 As directed by Staff, RJC will coordinate and support other consultants, attorneys, and lobbyists used by the City in order to insure coordination of planning and other acti06es. T_,sk liTechnical Support 1 RIC will provide technical support to the City's legal team to assist in the evaluation of proposals and the potenliat impact on the City under different scenarios. 2 RJC will provide technical support to Staff, providing information as requested from time to time to assist Staff in its evaluations and planning processes. 3, RJC will evaluate scenarios and proposals from perspective of City utility and as a member of TMPA. 3 . 4 Workpapers will be de•:eioNd to support the analysts and will be provided to City up-in request. j 5. Presentations to Staff will be made as appropriate to discuss results of analyse, and recommended stra', ~gies based on the results. 14 y, x, ;;M 2 5 x d 3 x I o % ~ I 0 I ~ vR Ir r ~ I I I r~ I 0 r t` ,.u. v:.n,.. . •....rn..x.wr.rvnm,w~n.,r..a.ar.~+.wnrr u.,w.~... . I I 4 Budget The budget for the above scope of _ervices for labor and expenses is difficult to estimate due to the fact that the actual rulemaking proceedings are just beginning. However, because of the ride range of Issues to be ac.1ressed, it 1 significant impact these issues l•, will have on utill Hes in Texas, and the limited time a', owed for parties to address these 15sues,1111 exrected that an intense effort will be required for the next six months. Based on prior experience in working with these issues, RJC recommends a budget of I t $10tj,OOV for labor and expenses be approved . Tais budget will not be exceeded without kt prior approval of the City RJC will bill monthly with supporting documentation of activities performed. The work being performed will be under the supervision of the Director of Electric Utilities and may be modified at any time upon appropriate notice to rf, *3 RJC. >t EXECUTED this____day of .199-. AUTHORIMi BY: ACCEPTED BY: ,I CITY OF DENTON, TEXAS R.1. COVINGTON CONSULTING j By'- By,4& Dated, _ Dated: 8 +I , AI'f! ST APPROVED AS TO LEGAL FORM. f JENNIFER WAL ERLS HERBERT L. PROUTY r CITY SECRETARY CITY ATTORNEY , By By Dated: Dated', rl lf' ~y^` S V2614 I I , Y, 1 li 1, z i p [ 15 t Mr1 IV,i~+~l~Y`~~~i4. 1 • a~ mot" i 4penda 11e _ Date.---'-- 4~'•... AGENDA INFORMATION SHEET AGENDA DATE: August 4, 1998 DEPARTMENT-. Electric Utility ACM: Howard Martin, Assistant City Manager for Utilities SUBJECT AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH REED CONSULTING GROUP FOR CONSULTING SERVICES RELATED TO ELECTRIC RESTRUC TURI`40 BY ADDING A TASK ORDER AND AUT14ORIZING PAYMENT OF ADDITIONAL COMPENSATION; AND PROVIDING FOR AN EFFECTIVE DATE. IIACKGROUND Reed Consulting Group performed an independent assessment of Denton's options for dealing with the TMPA debt problem that was completed in May of this year. That analysis was prepared under severe time constraints to accommodate the desires of Denton's TMPA partner Cities. Subsequ^nt to Reed's engagement by Denton, the City of Garland commissioned a similar study by Reed. Consequently the Reed perso:nel have become very familiar with the dc'.,tils of the issues facing each City and the four TMPA Cities. The Denton Electric Utility staff believes that it would be in the best interest of the City to have the financial advisory sen ices of Reed available to staff, the Public Utilities Board, and the Council, Staff intends to immediately use Reed to work with Denton and Garland to compare analysis results and revise Denton's analysis as necessary to assure compatibility between the two models. In addition, lemon staff desires to have Reed's financial expertise available to review analysis provided by other parties as we proceed with examination of alternatives for resolving the TMPA debt problem. ESTIMATED SCHEDULE OF P OR JF,CT Ongoing until a course of action has been determined, { PRIOR ACTEON/REVIEW (Council. Bnards, Commisslons) i i The Public Utility Board has reviewed this contract and recommended approval, 3 to 0, at its p July 20, 1999 meeting. Two Board members were absent. 1 e~awa r . 0 f aNatMt ~ 1 FISCAL INFORMATIdI~ Not to exceed S 100,000 r i Respectfully submitted: P ` Sharon Mays G' Electric Utility Dim w { i ,r a M• J I ~I y Y i f Amb 2 ' 19, d 1 k j 25x 10 ~ 1 { ~wY q ~i n,i M3`'. 32xI 4} 1 01 ej r 11 awwaln t 1 . r l ,.r r. nw .n ..nn...... «...,rs,.rv.avf_n .r.•n. wn wa . n..... 4.w n«. ..w..».. r I , I I I 3 {i 4 S PUBLIC UTILITIES BOARD UR,%F s AINU B 6 ;ti 7 July 20, 1998 8 9 The Public Utilities Board convened a regular meeting Monday, July 20, 1998 at 8 a.m. in the City of 10 Dentoo Service Ceater Tr%ming Room at 90I B Texas Streel at which the following %as considered; 4 11 . S l2 13 AGENDA ITEM 12 CONSIDER APPROVAL OF TASK ORDER 98•A BETWEEN THE CITY OF 14 DENTON AND ';IiE REED CONSULTING GROUP FOR AN AMOUNT 13' 16 NOT TO EXCEED S50,000 { 17 Sharon Mays, Director of Electric Utilities, eked the Board to approve Task Order 98•A for services robe 1 18 provided by Reed Consulting Group for the City of Denton, F . 19 20 The Pubin t?tilities Board voted unanimously to approve Task Order 98•A with an additional $50,000 after 21 a nation by Board Member Bob Coplen and second by Board Member Dick Norton. 22 23 24 25 26 27 28 29 30 3I 32 13 34 33 16 37 38 ' 40 41 42 43 44 I 43 46 47 48 r i 49 1 a t 30 51 2 + 4 I 5 4 r1 53 54 55 ~ 1 1 ~ a r~ s I f ' ~ 3 +yYti t1Y ~.i1: a''P .r 1tS y, ' / t X10 Mum O 7 ORDINANCE NO. f I AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH REED i CONSULTING GROUP FOR CONSULTING SERVICES RELATED TO ELECTRIC RESTRUCTURING BY ADDING A TASK ORDER AND AUTHORIZING THE PAYMENT OF ADDITIONAL COMPENSATION; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: i SECTION 1: That the City Manager is hereby authorized to execute an amendment to the Professional Services Agreement ("Agreement") between Reed Consulting Group ("REED") r' and the City, heretofore entered into by the parties on March 3, 1998 for professional services with regard to the City's investment and related financial obligations primarily associated with the Texas Municipal Power AgcncylGibbons Creek Power Plant; which amendment is in { substantially the form of Task Order No. 98-A; a copy of which task order is attached hereto and made a part of this ordinance for all purposes; which Agreement is amended by adding additional professional services to be rendered by Reed and providing for an additional amount of fees and expenses not to exceed $100,000,00 for the additional professional services to be performed by Reed. SECTION IL That the expenditure of funds as provided for in the attached Task Order No. 98-A is hereby authorized. SECTION Ill: That this ordinance shall become effective immediately upon its passage + and approval PASSED AND APPROVED thi the day of 11998. JACK MILLER, MAYOR t ~y 'a • ATTEST: JENNIFER WALTERS, CITY SECRETARY .1 BY: • APPROVED AS TO LEGAL FORM: ' • HERBERT L. PROUTY, CITY ATTORNEY /pp BY:~r - k . M,c-uirN0L V3heed14ep1dsjd'Mi1c0pe4ede Rork' Reed Amended UJ&x 1 .i .f 1 2.5 x lo 32 x o 1 r i ATTACHMF,NT TO O Py PROFESSIONAL SERVICES AGREEMENT BETWEEN RiED CONSULTING GROUP AND THE CITY OF DENTON TASK ORDER NO. 98-A Fittanclal Advisory Services Options Assessment - Phase It i This Agreement amends the Professional Services Agreement (the "Agreement") entered into by the parties hereto on March 3, 1998, and detines a Scope of Services and Budget for additional professional services to be performed by Reed Consulting Group ("REED") for the City of Denton, Texas ("CITY"). The activities in this Task Order are designed to complete the evaluation of alternatives for the City with regard to its investment and related financial obligations primarily associated witi the Texas Municipal Power Agency ("TMPA" )/Gibbons Creek Power Plant, SCOPE OF tSER i'lCES Task A - Refine the Analysis I, Revisit analysis of Denton's cost of generation 2. Run additional scenarios 3. Compare/contrast with Garland 4. Revise Base Case as needed 'T'ask S - Support the City in Discussions with other Parties I. Other 1 MPA Cities 2. First Southwest Company 3. Legal Advisors of City r ; Task C - Present and Discuss Findings, Conclusions mad Recommendations • L Revicw with the City Manager, Public Utility Board members, City Utility Management, and other City Advisors, I 2. Present the findings, conclusions, and recommendations to the City Council. PROJECT TEAM REED will provide a continuation of its existing project team: Hourly Name ILk Rate Area of Responsibility John J. Reed President 5300 Project Advisor A James M. Coyne Vice President $230 Project Manages Prescott C. I lartshomc Sr, Project Manager $170 Financial Analysis S ' r Q 32X Mona 0 j ,OMW In addition to the core project team specified in the March 3, 1948 Professional Services { Agreement between the parties, REED will rely upon other members of its staff for specific areas of project expertise and consulting support as the project reasonably dictates. , ~UDGETANDTIMING " I REED shall perform the professional services provided for in this Task Order on a time and expense basis in accordance with the provisions of the Professional Services Agreement between Reed and the City, dated March 3, 1998. The budget for work to be performed under this Task Order is highly dependent upon the steps required to reach successful negotiations with other TMPA cities and the depth of additional analysis which the City may require. The estimated budget for this Task Order is not to exceed $100,000 for professional services and expenses. All work will be billed on a monthly basis with itemized documentation of activities performed clearly set forth in each billing invoice. i Reed and the City AGREE, that except as amender' by this Task Order No. 98-A, all the terms, conditions, covenants and provisions of the Professional Services Agreement between themselves. dated March 3, 1998, shall remain in full force and effect. This Task Order No. 98-A is APPROVED and AGREE[) TO, and is made an attachment to, and is incorporated by reference to the above-identified Professional Services Agreement as evidenced by the signatures of the pari:s' duly-authorized signatories set forth hereinbelow. Authorized by; Accepted by: CITY OF DE'NTON, TEXAS REED CONSULTING GROUP By' - By' LA Date(!: _ bat 1 Z`t 1 k 8 - AYIESL' 1ENaIFER WALTE:RS, Cl fY SEC RL t'AkY 1 APPROVED AS T') LEGAL FORM; I Iff RBERT L. PROUTY, CITY ATTORNEY ° »routll.V0l lbher:d'.dcrd ciA'M cC'npchndr N'nr1'Rccd A"n kd Tea Order &K ~ fi ,rs~<~~:•~ 25 x " 32 x i L.J 71 0 Agenda Nt,.__- ` Agenda Item Date AGENDA INFORMATION SHEET AGENDA DATE: August 4, 1998 DEPARTMENT: Utility Administration ACM: Howard Martin, 349-8232 S RJEC r r' AN ORDINANCE AUTHORII.INO THE CITY MANAGER To EXECUTE A WATER MAIN PRORATA REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF DENTON AND DIETER SCHWARL BY NR & R1 PROPERTIES L.P. HIS ATTORNEY IN FACT. TO REIMBURSE OWNER FOR THE COSTS OF BUILDING WATER MAIN THROUGH PRORATA CHARGES PAID TO THE CITY; AND PROVIDING AN EFFECTIVE DATE (LAKEVIEW RANCH). A 'KGROUND I he developer, Terra'Bain, Inc. is developing Lakeview Ranch Subdivision, a site on F.as1 McKinney on Trinity Road (Exhibit 1). The developer will install 16-inch and 12• inch off•site water mains foi this project. For the o!T_aite water main the developer has requested pro-rata reimbursement in accordance with the agreement attached (Attachnwnt 1). The estimated cost of the design, construction and installation of the facilities subject to pro-rate reimbursement is two hundred two thousand five hundred forty dollars ($202,540) or twenty-two dollars and thirty seven cents ($22,37) per linear loot for the nine thousand fifty three (9,053) linear feet of off-site facilities, The City will transfer to the developcr pro-rata charges coflected for a period of 20 }cars from the date facilities are accepted by the City, However, the City will not transferor reimburse the developer funds in excess of the certified cost of the facilities. i Since the submittal of the above agreements to the PUB, the WT--site line length has • changed to 9.053 feet compared to 8,970 feet. The developwr is not asking for increase in , tt,e Paned upon pro-rata reimbursement of $202,540.00, ! • 1 • II` 1 x 10 32X10 r 1 r i 0 hl \ woo" a , . T. o.::.. <.,vG a .x ..1..rnir: m~:M1'N'.vrM+ht.CC'INbIPO"JAI ~P:Y11:~M11p/'ift!'iMR^•^Y'nb<: Y'MP,MfnilYtl'1T ~ wt+if'•n i hI 1 ' FISCAL INFORMATION The pro-rata reimbursement is for two hundred two thousand five hundred forty dollars ($202, 540.00) or twenty-two dollars and thirty seven cents (522.37) per linear foot for the off-site water line. Any cc;tomer connecting to this water line will pay pro-rata a amount to the developer. 'The pro-rata reimbursement agreement is for twenty years. r ' 4 Respectfully submitted: i fS , Jill J dan, Di ctor Water Crlrtrcs ~ j j y ICI EXHIBIT l: location of the project \ EXHIBIT II: Off-site Hater line ATTACHMENT C Pro-rata reimbursement agreement tr 1 I ~ I } r ~ f ,a 1, r L J r f P s1 'i~ ~I 2 5 ari ~ ~ ] 11 1 V 4. Y~ 4~.'. ~ • ' ~ i. N 1 O I;o i LAKEVIEW RANCH V ~ I !a I ~ . • rte- J r PROJECT ON V q ~i F l w C t ' EXHIBIT 25 k io 32XIO 1. F. A a ' i • I y w! •11s •~r• -}1 I i li , ~ I I TI .'.T II • _ cloyeen estates LAKEVIEW • 9 McU1N Nam* A RANCH Off-Site Waterline .-.w+ ! 1 'twat "Facilities" EXHIBIT 11 25 K,❑ 32XIO r . 01 o Aix i r ORDINANCE NO. 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECLrrE A WATER MAIN PRORATA REIMBURSCMEI r'' AGREEMENT BETWEEN THE CITY OF DENTON AND DIETER. { SCHWARZ BY NR & RJ PROPERTIES L.P. HIS ATTORNEY IN FACT. TO REIMT;URSE OWNER FOR THE COSTS OF BUILDING WATER M N THROUGH PRORATA CHARGES PAID TO THE CITY; AND PROVIDING AN ErTECTIVE DATE. I WHEREAS, the City of Denton requires that the develrpment named Lakeview Ranch (as shown in Exhibit 1, attached hereto and incorporated herein by reference) located in the City of Denton, Texas or its extraterritorial jurisdiction and is required to provide such property with adequate water service by designing, construction an: installing a water main; and WHEREAS THE City of Denton may r:imburse the developer for the costs of the water main install by developer based upon prorata charges paid to the Co by pcrst-r..Onnoctingto the w•ah,r main pursuant to Code of Ordinarres of the Cuv of Denton, Texas ¢34.118 (b)(3); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DEN1 ON HCREBY ORDAINS: SECTION t. That the Cite' Manager is authorized to execute rn agreement with Dieter Schwarz b NR & RJ Properties L.P, his attorney in fact to allow for the prorate reimbursement for the construction and installation of nine housand fifty three (9053) linear feet of 16 inch and 12 inch off site watt, main, substantially in i? form of the attached Agreement, which is made a part of this ordinance for all purposes, subject to Dieter Sc•tw'arz by NR & RJ prorertM~ L P. his attorney in fact entering into a Development Contract with the City, in accordance with chapt;r 34 of the Code of Ordinanc.: of the City of Denton SECTION It. That this ordinance shall become effective immediately upon its passage and approval, PASSED AND APPROVED this the day of 1998 ` JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY i ` i BY: APPROVED AS TO LEGAL FORb1' HERBERT L PROUTY, CITY ATTORNEY BY: I., shurd'dg4L1L0W Docvmemu,Ordiru n98',N'nor Arlin Prmuordirunn du n 32 x I ❑ s , 1 ' I i i WATER MAIN PRORATA REIMBURSFMENT AGREEMENT BET11"i£EN THE CITY OF DENTON AND DIETER SCHWARZ (OWNER) C/O NR & RJ Properties, L. P. AGENT WHEREAS, Dieter Schwarz (owner/developer) C/O NR & RJ Properties, L. P. Agent, whose business address is P. U. Box 941, Greensburg, Pennsylvania 15601, with a copy to TerrwBain, Inc., wishes to develop and improve certain real property named Lakeview Ranch (as shown in Exhibit I, attached hereto and incorporated herein by reference) located in the City of Denton. Texas or its extraterritorial jurisdiction, and is required to provide such properly with adequate water service by designing, construction and installing a water main; and WHEREAS, the City of Denton (City) a municipal corporation located at 215 East McKinney, Denton, Texas 76201, in accordance with its ordinances may reimburse Owner for ` the Costs of the water main installed by Owner based upon prorata charges paid to the City by persons connecting to the water main; NOW, THEREFORE, in considct.,5on of their mutual promises, Owner and City agree as follows: 11 Owner shall design, install and construct, sixteen inch (I6") and twelve inch (12") off-site water mains and all necessary appurtenances thereto, extending a total distance of approximately nine thousand fifty three feet (9,053) (the "facilities"), located as shown on Exhibit II, attached hereto and inn rporated herein by reference. This of-site water main shall be subject to prorata reimbursement in accordance with this Agreement. i , 2. Prior to beginning construction of the facilities, Owner shall obtain, at Owner's sole cost and expense, all necessary permits, licenses and easements. If easements are needed, the deeds tht.,efor obtained by Owner shall be reviewed and approved as to form and substance by City prior le the beginning of construction. ICOwncr is unable to acquire needed :ascments, Owner shall provide City with any requested documentation of efforts to obtain such casements. including evidence of negotiations and reasonable offers made to the affected property owners. Any casements for the facilities obtained by the Owner shall be assigned to City, if not taken in " City's name, prior to acceptance of the facilities, and Owner warrants clear tide to such casements and will defend City against any adverse claim made against such title. , 1 The estimated cost of the design, construction and installation of the facilities st bjcct to prorata reimbursement is two hundred two thousand five hundred forty dollars ($202,540.00) or Twcnty two dollars and thirty seven cents (322,37) per linear foot for the nine tno-~sand fifty three linear -t (9,053) ofoff•site facilities. 4. Within thirty ( 30) drys of the acceptance of the facilities by the City, Owner shall O submit to the City's Executive Director of Ulditics the actual cost of the facilities. To determine the actual vest of the facilities, City shall have the right to inspect any and all records of Owner, his agents, employees, contractors or subcontractors and shall hate the right to require Owner to submit any necessary information, documents, invoices, receipts or other records to verify the l 10 s - 0 actual cost of the facilities. The Executive Director of Utilities shall rev'ew and verify the actual cost of the facilities and certify the allowable reimbursable cost and the date the facilities were accepted, which certificate shall be attached hereto and be incorporated herein by reference. 5. After title to the facilities have vested in the City, the City shall collect a prorata k + charge from any person connecting to the off-site facilities in accordance with the provisions of I a the Code of Ordinances of the City. Within thirty (30) Jays of the receipt of prorata charges the I City shall transfer such amount collected to owner. 6, The City shall triu Ser to Owrer prorata charges collected for a period of time of twenty (20) years from the date facilities are accepted by City, as specified herein, but shall not transfer or reimburse to the Owner an amoun! of funds in excess of the ccGi ed cost of the facilities. 'I. The parties hereto recognize that the facilities subject to this Agreement are 1 necessary to provide water sen ice to the Owner's property, Should the City decide that it wishes to participate in the cost of funding a water main that would provide greater water capacity than 1 the facilities Owner is required to install. The City and Owner will enter into a separate water Main Participation Agreement to provide for the shan'og of cost of such oversized main, If such Agreement is entered into, the actual oversized water to be constructed shall be govcmed by such Agreement, but the prorate charges to be collected and transferred to Owner shall be based on the terms of this ASleemenl, as Dough the facilities subject to this Agreement Acre installed. g. The prorata charges to be collected by the City and transferred to Owner in accordance with the ordinances of ohe City an t this Agreement are intended to reimburse the Owner for the Owner's cost of the facilities by requiring persons connecting who benefit thereby to participate in the cost of the facilities. T'nis Agreement shall not be considered to impose any obligation or liability upon the City to pay for the facilities from its general revenues, bond funds or any other revenues it may receive, except for those prorata funds received from persons connecting to such facilities, i 9. Should any court of competent jurisdiction determine that all or pan of the City's ` ordinance on which the pror.la charges to be paid to owner under this Agreement are based are found to be unlawful or invrlid, the City may cease to charge or collect the prorata charges for connection to the facilities and will have no further obligation hereunder. t • 10. All notices, payments or communications to be given or made pursuant to this Agreement by the parties hereto, shall be sent to Owner at the business address given above and 1 to the Executive Director of Utilities for the City et the address given above. 11. The Owncr shall indemnify and hold the City harmless from any and all claims, e damages, loss or liability of any kind whatsoever, by reason of injury to property or person 0 ' occasioned by any act or omission, neglect or wrongdoing of Owner, its officers, agents, employees, invitees, contractors or other persons with regard to the performance of this ~a Agreement, and Owner will, at its own cost and expense, defend and protect the City against any I AINIF11M RAM It I7rRILk IN M. Mt. ) rROROA AURM-IFS? PACC t 2r~ 10 32 x~Q .h 1 I %7MEC < I`1 r and all such claims and demands. 12. This instrument embodies the while Agreement of the parties hereto and ;here are no promises, terms, conditions or obligations other than those contained herein. This Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto. i 13. Owner shall not assign this Agreement without the express written consent of r City. 14. Any and all suits for any breach of this Agreement, or any other suit pertaining to i or arising out of this Agreement, shall be brought and maintained in the court of competent e' jurisdiction in Denton County, Texas. 15. This Agreement shall be effective for a period of twenty (20) years from the date facilities are accepted by City or until Owner has been paid all allowable reimbursable prorata i .1 V charges for the facilities, whichever occurs first; provided, however, should Owner fail to begin substantial construction of the facilities within one year from the date of execution of this Agreement, this Agreement shall terminate. Executed this the day of 11998. CITY OF DENTON, TEXAS BY: CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY • I j , i ; APPROVED AS TO Lr'JAL FORM: m HERB PROUTY, CITY ATTORNEY AM LAKM ILw' RA.VCIt (tr.RUSAIN.ISC) PRORATA AGREEMENT PACL3 25 10 v¢ 32X10 OMMOMMEMMM % o r: ..ran. , ~ Taw r a C,r OWNER - Dieter Schwarz by NR & R] Properties, L.P. his attorney in fact by NR & RI Properties G P, Inc. General Partner X Y. i B Nick Raimondo, President ACKNOWLEDGE: TerraBain, Inc, c BY: i bf, Paul Spain, President C" ATTEST: s` BY: t , 1 '6 ~ r f F'shared dept LGL!Our Dc:w"mu Cup inc is 99'promlt agreement Ial;t% co doe , ' t. w I 7 f I ter, . t.AKEVIEW' RA.N('It(TIRRAUM, ISC,) PRORATA ACRE IWNT FAGS { ? r' ' r `sgy 2 5 10 1 NNW" 5 . O . n 5 1 ~ A i _ - Ha., 10 01. LAKEVIEW RANCH w•N•• 5~~ 171 FI" 25 1 ~r~• M i l i f..~' x 10 32x10 .1 :.r tieir..e~ •H •1 41 MIDI f ~ ,r~ e' ~ 1p was VMS Clayton lotatoo LAKEVICW ' MobI,* Morro Pork Off-Site Waterline RANCH M•II NR 1-. }T~- _ 1:AGILIIles 2'i x 32 x I ❑ LOW r O NP igrnda No Agenda H/e~ is AGENDA INFORMATION SHEET AGENDA DATE: August 4, 1998 DEPARTMENT; Utility Administrate-,n ACM: lloward Martin, 3419-8232''iT-,, i U DJ AN ORDINANCE; AUTHORIZING THE MAYOR TO EXECUTE A WATER MAIN COST PARTICIPATION AGREEAEENT BETWEEN THE CITY OF DEItTON AND DIETER SC1iWAR7. BY NR R RJ PROPERTIES L. P. HIS ATTORNEY IN FACT, FOR 111E CfFY'S PARTICIPATION IN THE OVERSt7.ING OF A WATER MAIN AND IN ACCORDANCE W'[TH 7HE. TERMS AND CONDITIONS OF 1111S j 1 ORDINANCE; AUI [IOR17.ING'iHE FXPF.NDI CURE OF FUNDS THEREFOR; AND PROVIDING AN EF'F'EC'71VE DATE (LAKLVIEW RANCH). IIACKGROUND 'the developer, lerrag3ain, Inc is developing Lakeview Ranch Subdivision, a site on East McKinney on Trinity Road. (Exhilr t 1). The development for its own needs requires a 10-inch water main to be extent A along McKinney from the existing 16-inch ~ waterline located on McKinney at Clayton Estates Mobile Home Park. llowever, according to the master plan report on City of Denton distribution system by Shimck, Jacobs K Finklea, 16-inch waterline will W required to meet future needs along McKinney. the City has required the developers to oversize water main extension from 10-inch to Winch on McKinney, 10-inch to 12-inch on Grissom and Lakeview Blvd. he developer has requested an oversize agreement for this water-main extension. City's share in the cost of oversized facilities is not to exceed $124,100.00. Attachment 1 show the O%ersize Agreement along with the associated costs. Since the submittal M the above agreements to the PUB, the developer decided to extend the 12-inch waterline to Highway W. This adds 1,070 feet of 12-inch and about 15 No l of 16-inch line to the project. I Gnvever. the cost of the oversized facilities is still well within the maximum $124.100.00 participation agreed upon by the City and recommended by the PUB. t i i I gat. ?h x 10 32x11 k ~ l ` 4 ` Y. ~ M k A~ I , f Y ( + I ri . t r J v i , f , f , , OW O, i,vkiN A:_u.ir.tL..a«w. mwr...., ,.ter... .,~a.m~~.wM.-^~.c~k'SaAt~+~%yN1'taM2+r;S~.CL'.M•.'r-;1MRM+F~.iRe7<."M:.'S2yd'r++"+A7flE 11~k"~>~°Migr^ ~ ~ Rr^ FISCAL INFOR11IAT10N For th City of Denton 's sh::e will not, exceed S124,100,00. ~ the oversize agreement, Respectfully submitted: i h Jordan, erector Water Utilities r i R EXHIBIT 1: Location orthe project EXHIBIT il; Oversize facilities AT'fACI{M6N'Pl: Owrsize agreement I • s(' 1 i i " ~i ~ o .i ;t , r ~F13 7J +'I kP'a l~'y~'v''J A.E''4•~~ 32 • ' L r * r r 1 YI ♦.v.~~.ti.~rJY+~su ~n.~r~r. n~lr vYPiw.._.. tr ~ w_ .--•a.n~++Jti ~.4rn w~~MnnJiiw sr.._ ~ ~ lr LAKEVIEW RANCH ' f . _ r I I I 5 IM PRWEC LOCH ON S 'I r J I s E X H I EWr 1 !u . r r O i r a , I .i r+•..rr~nr.~w..•wnf"•wrrmMVW2sn. r«aUMr+WW:tMlt t~',iL h w T.r=~ OVERSIZED FACILITIES r i _ ! I r~ i ~S• r .;I~ 11111 111141pil P I`ll..: 1r . • r i 1, 5 i 1 , I R '12" ~ Ow.el•~so~ •r from t0" 12".06tsfso from 10" n '.Aa 1 I ~ { ( _r. WNW- out :r w ~•!.''f~xst.,~•, ; Y an Owntso from 10" Cl,y~en e~~~l~• LAKEVIEW • • - Mobile Homo P" RANCH r'--~^.ar r r ~ Iw•Mw 1.1 .~IK~ EXHIBIT 2 Ei0A4 . ~.5 32 x 10 1 0 ' d. r•-,.... •n ...:...k.k ~,~w+..t.w r.. rte..` i ORDINANCE NO. j , e AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CHY OF DENTON AND DIETER SCHWARZ BY NR & R7 PROPERTIES L.P. HIS ATTORNEY IN FACT, FOR THE CITY'S PARTICIPATION IN THE OVERSIZING OF A WATER MAIN AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City wishes to participate in the cost of oversizing a water line to be designed, installed, and constructed by DIETER SCHIVARZ by NR & RJ Properties, L P, his attorney in fact, in an amount not to exceed one hundred twenty four thousand and one hundred dollars ($124,100.00), in accordance with 134.118(b),2) of the Code (Ordinance of the City of Denton and TEX. LOC. GOVT CODE ¢212.072; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: j SECT14L1 L That the Mayor, or in his absence, the Mayor Pro Tent, is authorized to execute a Water Main Cost Participation Agreement between the City and DIETER SCHWARZ by NR & RI Properties, L.P, his attorney in fact for the ovcrsizing of approximately 3,067 feet of ten (10) Inch water line to sixteen (16) incbes and the ovcrsizing of approximately 12,100 feet often (10) Inch water line to twelve (12) inches, substantially in the form of the attached Agreement, which is made a part of this ordinance for all purpnes, subject to DIETER SC14WARZ by NR & RJ Properties, L P. his attorney in fact, entering into a Development Contract with the City, in accordance with Chapicr 34 of the Code of Ordinances of the City of Denton. SECTION II That the City Manager is hereby authorized to make the expenditures "set forth In the attached Agreement SECTION 11. That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of 194 A '7 ' PACK MILLER, MAYOR ATTEST: IENNIFER WALTERS, CITY SECRETARY BY~ 1 1 ~APPROVED AS TO LEOAL FOMI JV HERBERT L, PROUTY, CITY ATTORNEY r' hpl U Will wnn~MM min 1., i - - 25 C1 32X 10 ~ " WRAP" , 0 THE STATE OF TEXAS § WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF COUNTY OF DENTON § DENTON AND DIETER SCHWARZ. ' WHEREAS,, Dieter S,.hwarz (Owner) c/o NR & R3 Properties L P, his attorney in fact hereafter referred to as "Owner," whose business address is P.O. Box 941, Greenburg, PA 15601, with n copy to Terra/Bain, Inc, (Developer) whose busines.# address is 3732 Normandy Avenue, Dallas, Texas '52052105, wishes to develop an, irnprove certain real property named Lakeview j trench (as sh. i vn in Exhibit I, attached hereto and incorporated herein by reference), located in the City of Denton, Texas or its extraterritorial jurisdiction, and is required to provide such property with adequate collection capacity by designing, constructing and installing a water line or a minimum inside diameter of ten inches (10"), hereafter referred to as "required facilities"; and WHEREAS, the City of Denton, Texas, a municipal corporation located at 215 East McKinney, Denton, Texas 76201, hereafter referred to as "City," in accordance with its ordinances, wishes to participate in the cost of the construction and installation of said water main to provide for an "oversized" water main to expand its utility system and insure adequate utility service to other customers; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, Owner and City agree as follows I. Owner shall design, install and construct approximately 3,067 feet of sixteen inch ' (16") and approximately 12,100 feet of twelve inch (12") water main and all necessary appurtenances thereto, hereafter referred to as "oversized facilities," located as shown on Exhibit 11, attached hereto and incorporated herein by reference 2, As required by Chapter 34 of the Code of Ordinances of City of Menton, Texas, Owner has entered a Development Contract prior to beginning construction 'the oversized facilities. This Development Contract is attached hereto as Exhibit III and incorporated herein by reference This Agreement is subject to and governed by this Development Co ttract and any other applicable ordinances of City, 3. Prior to beginning construction of the oversized facilities, Owner shell obtain, at Owner's sole cost and expense, all necessary permits, licenses and easements. The easements, deeds and plals therefor obtained by Owner shall be reviewed and approved as to form and substance by City prior to the beginning of construction If Owner 13 unable +d acquire needed easements, Owner shall provide City with any requested documentation of enbrts to obtain such • easements, including evidence of negotiations and reasonable offers made to the affected 0 • property owners. Any casements for the oversized facilities obtained by the Owner shall be assigned and dedicated to City, if not taken In City's name, prior to acceptance of the oversized facilities, and Owner warrants clear title to such easements and will defend City against any adverse claim made against such title c- Wirer Shin Mcipallon Agreement - Dicier S:haarz - Page 1 32 x. o 0 r' 4 City's share in the cost of the oversized facilities, based upon the difference in the cost of installing required facilities, as determined by City, and the cost of the oversized facilities, as determined by City, shall be in an amount not to exceed One Hundred Twenty Four Thousand One Hundred Dollars and No Cents (S124.100 00) City may elect one of the following methods to determine City's share of the cost. a) Owner shall prepare plans and specifications and furnish them to City. City shall competitively bid the required line and the oversized facilities in accordance with Chapter 252 of the Texas Local Government Code, The difference in the bids shall be used to determine City's share, subject to City's maximum participation in cost as specified in this Agreement; or b) Owner shall prepare plans and specifications and lake bids on the required line and the oversized facilities City shill pay Owner the least amount of the following (1) the difference in the bids fir the required line and the oversized facilities, (2) Thirty percent of the bid on the oversized facilities, as provided for l in §2120)2 of the Texas Local Government Code; or 1 (3) $124,10000, the maximum participation cost allowed herein. City shall no!, in any case, be liable for any additional cost because of delays in beginning, continuing or completing construe ion, changes in the pree or cost of materials, supplies, or labor, unforeseen or unanticipated cost because of topography, soil, subsurface, or other site conditions, differcnccs in the calculated and actual per linear feet of pipe or materials needed for the oversized facilities. Owner's decision as to the contractors or subcontractors used to perform the work, or any other reason or cause, specified or unspecified, relating to the construction of the oversizcd facilities 5. The City shall make monthly payments for its share of the oversized facilities. The Owner shall submit monthly pay requests on forms provided by the City. The Owner's engineer shall verify that the pay request is correct The request, along with the engineer's verification, shall be submitted to the Engineering & Transportation Department of the City. The City will retain 10% of the t tooI dollar amount until the project is accepted and costs are calculated as per ~ this s8reement Fayment by the City to the Owner will be made within thirty (30) days of receipt ofthe pay estimate and the engineer's verification • 6, Within thirty (30) days of the acceptance of the facilities by City, owner shall 0 • submit to City's Director of Jtilities the actual cost of the oversized facilities Should the actual cost of the oversized facilities be less than the cost upon which City's share was determined, City's share of the cost shall be reduced proportionally, on a per linear foot basis, based upon t',,; difference of the actual cost of the oversized facilities and the determined cost for required Water M,nin Pamcipation Agreement - Dieter Schssnrt - Page 2 lg 32 XI ri O f G I facilities. To determine the actual cost of the oversized facilities, Citv shall have the right to inspect any and all records of Owners, his agents, employees, contractors or subcontractors and shall have the right to require Owner to submit any necessary information, documents, invoices, receipts or other records to verify the actual cost of the oversized facilities. 7. Within sixty (60) days of the date Owner submits satisfactory documentation of the actual cost of the oversized facilities, as determined by City, City shall pay to Owner City's remaining share of the cost thereof 8, If the City has made any overpayment of funds as calculated by the terms of this agreement, Owner shall make any reimbursement to the City within thirty (30) days of notice of the overpayment 9. All notices, payments er communications to be given or made pursuant to this agreement by the parties hereto, shall be sent to Owner at the business address given above and to the Director of Utilities for City at the address given above. 10. Owner shall indemnify and hold City, its officers and employees, harmless from any and all claims, damages, loss or liability of any kind whatsoever, by reason of injury to property or person occasioned by any act or omission, neglect or wrongdoing of Owner, its officers, agents, employees, invitee, contractors or other persons with regard to the performance of this agreement, and Owner will, at its own cost and expense, defend and protect City against ary and all such claims and demands 11. If Owner does not begin substantial construction of the oversized facilities within twelve (12) months of the effective date of execution of this agreement, this agreement shall terminate, unless a written extension is approved by both parties 12. This instrument, including the exhibits attached hereto, embodies the whole j agreement of the parties hereto and there are no promises, terms, conditions or obligations other than those contained or incorporated herein This agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto, ' B. This agreement shall not be assigned by Owner without the express written consent • of City i { 14. Any and all suits for any breach of this contract, or any other suit pertaining to or arising out of this agreement, shall be brought and maintained in a court of competent juris• ' diction in Denton County, texas. 1 • Executed this the ~.Y day of , 1995. • ~ I II Water Main PaMcipauon Agreement - Dieter Selman - Page 7 2 F) 32x~(~ aawaw i. 0 F mear~ca , : ; f OWNER-DIETER SCHWARZ BY NR & RJ PROPERTIES L.P. HIS ATTORNEY IN "ACT B 1 NR & RI PROPERTIES G.P. INC. GENERAL PARTNER BY.~ ' ATTEST: Nick Raimondo, President l BY; CITY OF DENTON, TEXAS i' BY' ACKNOWLEDGEMENT: TERRAJBAIN,INC. (DEVELOPER) BY: ATTEST: JENNIFER WALTERS, CITY SECRETARY I BY r. i ' APPROVED AS TO LEGAL FORM IIER13ERT PROUTY, CITY ATTORNEY BY: r.hared dept ipL4Nr DwvmertoCumim`91 fHAe achwri •A in main roA olaogrtimt doc Water Maln Participation AV"mcm - Dieter Schu yr - PaSe R 1 1 32x~~ I 'r I ~ I• ~ ~ ~ rr I xnkmm I 0 , it 6 MAUP"M 1 ••teI Ib5• L.r.~. L ~'+,iy 1 0Y1 f+'s mum ,1~ ~r n _TTi ~pm. LAKEVIEW e ~~MM RAN( H YwY Nw r•.ry swrr,.~ ,4 1 25 x i o 32 x C1 s ' • u . .M iM.~S~~ n M ~ 111 1 :k" OVERSIZED FACILITIES A4 11 1 4 y ~yy~1..1 71 • I / MEN , - # I - Clayton tsldn M')bllo Homo Park LAKEVIEW s RANCH ""mow 1 i O agenda No.~ ~~D~ ApendA , 11e Date AGENDA INFORMATION SHEET i AGENDA I F: August 4, 1998 DEPARTNti, I : Utility Administration ACM; Ilow%arn Martin, 349-6232 SUBJECT AN ORDINANCE OF 111E CITY OF DENTON. TEXAS AUTIIORI7-ING TIIE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN IHE CITY OF DENTON AND THE UPPER 1'RINI FY REGIONAL WATER DISTRICT, AND THE CI1 Y OF 1 LEWISVILLE CONCERNING THE PASS•TH"HUGH OF WATER FROM COOPER (CHAPMAN ) LAKE IN ACCORDANCE WTTII TIIE TERMS AND CONDITIONS OF SAID AGREEMENT; PROVIDING CONSIDERATION FOR THE PASS- THROUGH OF SAID WATER AND FOR THE. INTERIM AND LANG TERM SALE OF DE'NI'ON'S SHARE' OF iNE: C'OOPFiR LAKE WA1ER UNDER CERTAIN C'IRCUMSTANC°I:S; AND PROVIDING FOR 'TIIE COORDINATION OF DAILY USAGE, WATER AC'C'OUNT ING AND AN OPERATING PROTOCOL AND OTHER PROCEDURES SF.T FOR111 IN 111E BODY 01: SAID AGREEMENT; AND PROVIDING FOR AN 111 I:C[ IVE DA F. BACKGROUND '[he t 'I RWD Purchased 11.7 MOO of water from the City of Commerce in Lake Chapman. Denton has participated in this project with U-1 RWD and purchased a 2 MGD share of the It I RWD's 11.7 MUD supply. r The UIRWD's proposed pass-Through agreement with Denton would allow for the conveyance of UIRWD's Chapman Water Supplies through Lake I.cvisvillc to the existing water supply intakes of the U1 RWD and the City of Lewisville, 'the contract j would involve the use of Denton's storage and water rights in lake Lewisville but Is designed to not impact Denton's 11nn yield for water suppiico from the Fake Lewisville- Ray Roberts system. r 7,) n 10 32JO a 1 III` •Vi~Nlll l .ur +i. v°irlU' l Y. i";'..-4Q~Q{°,i11 ~'"„+ltrK1!d!7L4t ?„a,t ✓`t'r`' 3;' .`19t6:£"i . 't'43 Staff has worked extensively with tht- City Attorney's Office to protect Denton's interests. The Public Utilities Board has been briefed on this contract as the contract negotiations proceeded and has now recommended approval of the contract, 'The key provisions of the proposed agreement are listed in Exhibit 11. ESTIMATED SCHEDULE OF PROJECT Irving has negotiated a contract with Montgomery Watson Inc., to serve as Program Manager for the Lake Chapman water supply project. UTRWD is trying to develop a Agreement bct"cen the city of Irving and the UTRWD to transport UTRWD Lake Chapman Water supplies to Lake Le',dmilie, the current schedule for the pipeline project is as follows Planning P!lase 1998.1999 F Design Phase 1999.2000 Construction Phase 2000.2002 PRIOR ACTION/REV] EW (Council. Boards, Commisslons) Public Utilities Board briefed on Chapman Lake (Cooper) Project on February 16, 1998, Public Utilities Board updated on the Chapman Lake (Copper bake) water supply project on April 6, 1998 Public Utilities Board received a presentation from Tom Gooch of Ficese and Nichols concerning Chapman (Cooper) Water Issues and 1L, proposed rontracl between the Upper Trinity Regional Water Di:<Irict and the City of Denton on April 20, 1998. Council was briefed an the pass-through agreement April 28, 1998. Public Utilities Board received a presentation from Ton; Gooch of Freese and Nichols concerning Chapman (Cooper) Water lssu"s on May 4, 1998, Public Ufllitics Board to consider approval of pass-through agreement on June 1, 1996, Public Utilities Board approved the pass•thuugh agreement on Jul), 6, 1998. - FISCAL I " 'ORSIATIO Denton's cost to transport its share of the Lc (e Chapman wafer is unknown at this time. M , Preliminary estimates of the trunsporiatio,t expenses for Denton's 2 MOD share of the Lake Chapman Water Supply project areas follows: • j ' 1, $0.6811000 gallons fur 2 MGD Hater supply i i Total Annual Cost • $489,1W P Projected Revenues from 111 RWD for the Pass=Through Agrcentcnl • $0.02/I000 gallons for U'I RWD's share of 11.7 h4'ib supply Y k Estimated Annual Revenue - $70.810 s01~ i~ p ^~Nr~EQM~'sy' ~ x 1O I. f 1 ' to : r: YNY`LP 1. a1,A'='9"'RliF^~{+Rki-^~"rblr,NiS'Abi.P: V3f Additional revenues and Aatcr supplies could be available by obtaining i re-use permit from the 1NRCC. Pass through fees of 59.0211`500 gallons apply for Lake Chapman Water Supply if passed .hrough lake Lesvisvitl: prior to reuse. Resp ctfully submitted: Jill or9 dan Director of Water Utilities Exhibit I UTRWD Lake Lee Is%iIle Pass-Through Agreement ' Exhibit II: key Provisions Exhibit 1W Lxrlon Map i r • i i • ~ O O ,i 3 32x I d , 0 r WPM I i ORDINANCE NO. i AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MAN- AGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE UPPER TRINITY REGIONAL WATER DISTRICT, tuND THE CITY OF LEWISVILLE CONCERNING THE PASS-THROUGH OF WATER FROM COOPER (CHAPMAN) LAKE IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SAID AGREEMENT; PROVIDING CONSIDERATION FOR THE PASS-THROUGH OF SAID WATER AND FOR THE INTERIM AND LONG TERM SALE OF DENTON'S SHARE OF THE COOPER LAKE WATER UNDER CERTAIN CIRCUMSTANCES; AND PROVIDING FOR THE COORDI- NATION OF DAILY USAGE, WATER ACCOUNTING AND AN OPERATING PROTOCOL AND OTHER PROCEDURES SET FORTH IN THE BODY OF SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Upper Trinity Regional Water District ("District") entered into a Contract with the City of Commerce, Texas on July 5. 1990 (Commerce Contract) to purchase water out of the Cooper Lake (recently renamed Chapman Lake) in an amount which is approximately 11.72 gallons per day on a firm yield basis; and WHEREAS, the City of Denton (Denwn), the City of Lewisville (Lewisville) and others entered into a contract (the "Cooper Reservoi, Project Contract") with the District on June 10, 1991 to purchase specific amounts of Cooper Lake water from the District pursuant to the Com- merce contract; and WHEREAS, the amount of Cooper 1-11c water that Denton and Lew': ville, resp. ctively, have the right to purchase and to recei••e on a firm yield basis under the Cooper Reservoir Proj- ect Contract is approximately 2.0 mgd plus any authorized overdrafting; and WHEREAS, Denton has the right to pus its contracted share of C- )per water through Lewisville hake for withdrawal at its existing intake structure and treatment at its existing water treatment structure or for sale to the District or other parties approved by the District, subject to various contracts between the District, Denton, Lewisville and other panics, and 1 • IVHEREAS, Denton, District and Lewisville desire to pass the remaining Cooper water not taken by Denton through Lewisville Lake to existing intake structures owned by Lewisville and District for subsequent treatment and to water treatment plants owned by the District and Lewisville, respectively; and WHEREAS, in consideration for Denton's Agreement to pa.~s this water through 1 Lewisville Lake, the District agrees to pay Denton an annual pass-through fee equal to two cents ($0.02) per thousand gallons of Cooper water, to make interim and long tern sales from O { Denton's share of the Cooper not requested by Denton to be resen ed to it and for other consid- erasion expressed in the body of the contract; and ; i ~ i 25 ~iJ 32x.10 ' p ~ r 0 I,. y 1 , 1 , . -r-rY".K-: 4` f•: I. v: n/1! !M:]IiirxM 'f lY as-,..Vr w.vv --.n...„. ~ . ~ . . t ~ • t WHEREAS, Denton, Lewisville and District wish to enter into an Agreement entitled the "Upper Trinity Regional Water District Agreement with the City of Denton and the City of Lewisville Concerning Water from Cooper (Chapman) Lake" hereinafter referred to as the "Lewisville Lake Pass-Through Agreement;" and WHEREAS, the Public Utility Board at its regular mte,ing of July 6, 1998, recom- mended approval of the Lewisville Lake Pass-Through Agreement by a vote of 4 to 1; and WHEk1'AS, the City Council deems it in the public interest to approve and authorize the City Manager to execute the Lewisville Lake Pass-Through Agreement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1, That the facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct. SECTION 11, That the Lewisville Lake Pass-Through Agreement in substantially the form of the attached Agreement, which is made a part of this ordinance for all purposes, is hereby approved and the City Manager is authorized to execute that Agreement on behalf of the City of Denton. SECTION III. That the City Manager or his respective designee is hereby authorized to negotiate and enter into an Upaating Protocol and Proposed Reuse Strategy as a part of the Lewisville Lake Pass-Through Agreement to make full use of the District's water from the Coo- 1 per Lake while avoiding any adverse impact on Denton., water and storage rights in Lewisville Lake and to undertake any and all other obligations imposed on the City Manager and Denton in said Agreement. SECT[ ON IV. That the City Council has found and determined that the meeting at which this ordinance is considered is open to the public and that notice thereof was given in accordance with provisions of the Texas open meetings law, TEX. GOV'T CODE ch. 551, as amended, and that a quorum of the City Council was present, • SECTLQX_%. That this ordinance shall become effective immediately upon its passage and appro%al. i ~ PASSED AND APPROVED this the day of 1998. k : JACK MILLER, MAYOR , I I~dMr.LrllMO~MSrQM~YMM MnI~~`►4 t,• Page 2 J J 25 x 32x~ri O i i Y t , MID'IMM , .r.. w.r~o..va ^,..yo>rY,xfbM.vir.:e., s-,....,,.. ~ i r ATTEST, JENNIFER WALTERS, CITY SECRETARY BY: ` a APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTO PNEY J BY. , ~i t L kk r. r 1 MTI.}IJILA DfMYOb~ ~ M ~M M1Ir rrM ti 1♦ Pege 3 jn , , 0 UPPER TRINITY REGIONAL WATER DISTRICT AGREEMENT WITH CITY OF DEMON AND CITY OF LEWISVILLE CONCERNING WATER FROM COOPER (CHAPMAN) LAKE THE STATE OF TEXAS § COUNTY OF DENTON § This LEWISVILLE LAKE PASS-THROUGH AGREEMENT (the "Agreement) for water from Cooper (Chapman) Lake is made and entered Into as of the _ day of 1998 (the "Date of Agreement"), by and between the CITY OF DENTON (herein "Denton"), and the r• CITY OF LEWISVILLE (here;n "Lewisville') and UPPER TRINITY REGIONAL WATER DISTRICT (herein the "Dtstdcr), each of which is sometimes referred to herein as Party, or collectively as the Parties. WI TNESSE_TH WHEREAS, the District entered into a contract (with an initiat term of fifty years) on July 5, 1990, with the City of Commerce, Texas (the 'Commerce Contract") to purchase water out of Cooper 'I Lake (recently renamed Chapman Lake), the amount of which is approximately 1112 million i gallons per day (mgd) on a firm yield basis, which amount Is subject to revision by future yle?D k studies; and WHEREAS, the amount of water under the Commerce Contract available to the District by diversion out of Cooper Lake in any given year is authorized to be approximately 14.4 mgdr , including overdrafting rights; and WHEREAS, the actual yield and available diversion amount from Cooper Lake may be modified r' r t 7 EXHIBIT 25 x 10 32X Io s 0 I a~rare I. LrTRWV,Cny co aanlon4Clry of Law 5014 Larvt9v111* Latta Pass-Mowh Agreement • Water from Cooper (Chapman) take Papa 7 in the future, based on future yield studies or operating agreements; and ' WHEREAS, District may purchase additional water out of Cooper Lake from the City of Irving or other parties; and WHEREAS, on behalf of District, the City of Commerce and Sulphur River Municipal Water District applied to and received authorization from Texas Natural Resource Conservation Commission ("TNRCC") for District to divert water from Cooper Lake in Sulphur River Basin to Trinity River Basin for use by District; and WHEREAS, Denton, Lewisville and others entered Into a contract (the "Cooper Reservoir Project Contract") with District on June 10, 1991 to purchase specific amounts of Cooper water from District pursuant to the Commerce Contract; and WHEREAS, the amount of said water that Denton and Lewisville, respectively, have the right to purchase on a firm yield basis under the Cooper Reservoir Project Contract Is approximately 2.0 mgd plus any authorized overdrafti% and t • WHEREAS, each of the Parties to this Agreement currently has and agrees to maintain water sources other ti-an Cooper take to meet their total water supply requirements, whether for peaking or for base now purposes; and WHEREAS, Lewisville desires to pass its Cooper Lake water through Lewisville Lake and concurs with the provisions of this Agreement, with the understanding that Lewlsville has a limited rote in t .I i 3d- X e 0 i UTRwUICIfy of MntonlC Ity of Lm.L -ills Levrisvllle Lake Pus-Tlwough Agreement -water horn Cooper (Chapmanl Lake Page 3 this Agreement related to operation of its raw water pumping facilities in a coordinated program for efficient use of Cooper Lake water, and will avoid use of Denton's storage rights in the Lake, and WHEREAS, the City of Irving holds water rights (approximately 39.5 mgd firm yield) In Cooper Lake, and has appropriate authorizabun to divert up to 48.2 mgd annually to the Trinity River Basin; and i I , WHEREAS, Dishct Is planning to participate with the City of Irving to the design, constriction and i operation of pipeline, pumping and meter facilities to transport and measure Irving's and District's water from Cooper lake to Lewisville Lake; and WHEREAS, Denton and the City of Dallas, respectively, hold water rights in Lewisvine Lake, which rights enable Denton and Dallas to authorize other parties to transport water into, through, and out of Lewisville Lake under the conditions and restrictions set forth in various contracts that Denton and Dallas have with each other and with other parties, including, without limitation, that certain contract between Denton and the United States of America entitled *Contract Conservation Storage Garza-Little Elm Dam and Reservoir" Identified as Contract #DA41-443-ENG•1093, and that certain untreated water contract between Dallas and Denton dated August 7, 1985; and e i WHEREAS, the City of Irving has contracted to convey its water from Cooper Lake through Lewisville Lake (with specified use of storage rights) under an agreement with the City of Dallas for subsequent treatment downstream of Lewisville Lake; and O e WHEREAS, under the Cooper Reservoir Project Contract, Denton and Lewisville (and other T .x. fnlewr te , uTRWOZIty of DenlonlCly of LWIville LWeville Lake Pass-Through Agreement • Water hem Cooper (Chapman) Lake Pape Participating Members) have certain riryhts and obligations, including, without limitation, the right to participate or not to participate in the Cooper Reservoir Project and the right to purchase or receive quantities of the Cooper raw water in the proportions identfied in the Contract and Exhibit A to the Contract, said rights and obligations being defined by the terms and conditions of the Cooper Reservoir Project Contract; and WHEREAS, the Partes' rights to purchase or receive Cooper water under the Cooper Reservoir Project Contract are dependent on the Cornnerce Contract and on a Contract between the City of Comr erce, Texas and the Sulphur River Municipal Water DisMcl ("SRMWD") entered Into on or about March 7, 1991 (the'SRMWD Contract"); and WHEREAS, Uenton has the right to pass its contacted share of Cooper water through Lewisville Lake fa withdrawal al its existing intake structure and treatrnent at its existing water treatment plant or for sale to District or other parties approved by District, subject to the contracts mentioned herein; and . 1 WHEREAS District and Lewisville desire to pass the remaining Cooper water not taken by Denton through Lewisville Lake to the existing Intake structure(:) owned by Lewisville and District for i subsequent treatment at water treatment plants owned by District and Lewisville, respectively; arid Y i "S + .j i 0 N WHEREAS, it Is the Intention of all Parties to this Agreement to accomplish Via conveyance of O the District's water through Lewisville Lake with no right o! storage In the :a4e; and i I 10 s 't L 2" x ~a 32XIO UTRWMCRy of D~%CRy of Lowlsvllle Levdsvtlte Lake Pess-lr"h Agreement • water from Cooper (CRr'pmNn) Lake Ps" S ~I WHEREAS, it is the desire of all Parties to this Agreement to convey and use the water i available to District from Cooper Lake; and 1 , I WHEREAS, the "District's water" as generally referred to in this Agreement Includes; (1) all of the water purchased pursuant to the Commerce Contract, including amounts of said water contracted to Denton, Lewisville and other parties pursuant to the Cooper Reservoir Project Contract and similar water sales contracts entered into by District subsequent thereto, and (2) any additional water not to exceed ten (10.0) mgd that District may purchase that originates In Cooper Lake; and WHEREAS, passage of Cooper Laka water by District through Lewisville Lake will not occupy or Impair storage rights or adversely affect water yield of Denton or the City of Dallas in Lewisville Lake; and WHEREAS, Denton, Lewisville and District desire to,,vWate in strategies to facilitate the efficient and economical transportal';m and use of Cooper Lake water; and WHEREAS, Denton, Lewisville and District own and operate separate Intake and water treatment I facilities, the oollactive capacity of which is more than adequate to withdraw and treat District's " water from Cooper Lake that might reasonably be expected to be discharged into Lewisville Lake on any given day. 1 • ' NOW, THEREFORE, In consideration of the mutual covenants and agreements herein contained j I ® • P and subject to the terns and conditions herein set forth, Denton, Lewisville and District agree and contract as follows. r' i 5x~❑ 32X o , 0 . UTRWMCRy of DentonTRy of Lawl rvllle Lewlevllle ll.ahe Paae•Through Agreement- Water From Cooper (Chapman) Laps Page e ARTICLE I ' PREAMBLE Section 1.0. Preamble, That the matters stated in the preamble are true and correct and are Incorporated into the body of this Agreement as if copied herein in their entirety. Any conditions I and terms set forth in the preamble which impose obligations on the Parties shall be just as enforceable as the matters stated in the body of this Agreement. ARTICLE II THE PROJECT I Section 2.0. Cooper to Lewisville Project, To provide an economically feasible means to transport the District's water from Cooper Lake to Denton County, Including the amount of water oontracted to Denton and Lewisville, respectively, District plans to participate with the City of Irving in the design, construction and operation of pipeline, pumping and meter facilities to transport and measure both the District's and Irving's water from Cooper Lake to Lewisville Lake. District, Denton and Lewisville recognize that the provisions of this Agreement are necessary for achievement of " the transport of the water irom Cooper Lake in an efficient manner to the Parties' treatment facilities as contemplated In the heretofore refer~,iced Commerce and Cooper Reservoir Project Contrar's. Furthermore, Denton and Lewisville agree to reasonably assist District In making and supporting s applications or requests to the United States Corps of Engineers and Texas Natural Resource Conservation Commission concerning related approvals for the Cooper Lake to Lewisville Lake O ~ 1 project that may be needed from the respective agencies to effect the intent of this Agreement. Provided, however, nothing in this Agreement shall create any obligation on Lewisville's or aV+arxa • O `I 1 1 UTRW(hCity of DentoolCny of LeMavllle i~ La &Wla Lake Pass-Through AgraamarA • water from Cooper (Chipman) Lake Page y Demon's part to participate in the Cooper Water Pipeline Project, Including funding for that Project, beyond existing obligations contained in the contracts referenced above in this Section. Further, it is agreed that Denton and Lewisville have the same right and opportunity to participate or not to participate in capital funding for the Project under Section 3.03 (b) and other applicable provisions of the Cooper Reservoir Project Contract, whether capital funds for the Project are supplied by the District or supplied by the City of Irving. If Denton exercises its option to not participate In the Cooper Reservoir Project, the District shall purchase or convey Denton's Interest in the Project. Terms of the purchase or conveyance shall be according to the Cooper Reservoir Project Contract, ARTICLE III WATEMENERAL PROVISIONS Section 3.0. General Agreement for Pass"through. Denton agrees that District may pass District's water from Cooper Lake through Lewisville Lake within water rights hell by Denton under permit from State of Texas and under contracts with United States Corps of Engineers ("Co(p3") and the City of Dallas mentioned in the preamble subject to any terms, o neiitions, and limitations p set forth in the permit and the contracts. Provided, however, the pass-through of water shall be limited strictly to the Cooper water described herein and District shall not pass through any other water. It Is expressly understood th,vl this Agreement, Including, without limitation, the monthly accounting and Operating Protocol, does not authorize the District, Lewisville or any other party 1 I~ to use Denton's storage space within Lewisville Lake or to cause it to be reduced or Impaired. Section 3,4. Pipeline and Transportation L4i"L The quantity of Cooper water discharged Into !3 - 10 Ik - 2~><10 32x1❑ 4 r s . 0 UTRMClty of DantWChry of Lewisville Lawlavtlle Lab Pan-Through Agraamant • warty from Cooper (Chapman) Uka Papa ! - Lewisville Lake is to be determined by the metered quantity at the pipeline pump station, less j pipeline and transmission losses. For estimating water losses that may occur from the metering point near Lake Lavon to the discharge into Lewisville Lake, the Parties agree to the following: a) Pipeline Losses, Use percentages specified in, or determined pursuant to, a separate Agreement (attached hereto as a part of this Agreement as Exhibit A) dated January 8, 1998 between City of Irving and City of Dallas for water treatment services related to water from Cooper Lake. I b) Channel Losses. If District delivers Cooper lake water to a tributary of Lewisville Lake, i I losses in excess of those oxpecled from a pipeline of corresponding length as agreed upon by the Denton City Manager, or authorized designee, and the District's Executive Director, will be added to the losses determined pursuant to oaragrapo (a) Immediately oreceding. in arriving at such channel losses. Denton and District agree to give due consideration to comparable losses determined pursuant to the Irving/Dallas Contract attached hereto as Exhibit A. c) Failure to Agree. If agreement is not achieved by the designated staff representatnses pursuant to paragraph (a) or (b) Immediately preceding, the matter shall be referred to the I i governing bodies of District and Denton for determination. i Section 3.2. Pass-Through I No Evaporation Losses. Denton and District agree that since no s o storage rights are to be granted to District under this Agreement, and since the elevation of water { surface in the lake will not be increased by passage of water through Lewisville Lake, there Wit s< I law w h C' rawer AMR" i UTTtwMOy of rHMon%Vty or Lewlavilla Ltwlev t tak i Past-Through ApretmerR • Water from Cooper (Chapman) Lake Ptpt 9 be no Increase in eve poration losses resulting from such passage through the Lake. Accordingly, each of the Perties to this Agreement will be authorized to withdraw their respective amounU of water from the Lake t•tat was discharged into the Lake. It is agreed that any incidental evaporation i losses that might be associated with the passage of Cooper Lake water through Lewisville Lake shall be adequately comnense;: d to Denton by the co- sideration hereinafter specified. i Section 3.3. Detea+llDation of Waver Quantity, Subject to the two paragraphs Immediately preceding, thin amount of District water to be discharged Into and withdrawn from Lev,lsville Lake by the respective Parties shall be determined by monthly CM rdination of meter readings from planned metering facilities at an Intermediate point on the pipeline near Lake Lavon between Cooper Lake and Lewisville Lake and at the respective points of withdrawal by the Parties from Lewisville Lake. The meter fat.:lit cs near Lake Lavon, shall measure the quantity of Cooper water for City of Irving In addition to the District and other part;es. The Parties hereto agree to provide mutual access to meter reading records of each Party upon 48-hour WriBen notice by the Fdity requesting same, to verify quantities cf Coopcr Lake water discharged into and withdrawn from Lewisville Lake, i ARTICLE IV • INATER, ACCCOUNTiNO AND COORDINATION SeefJur, 4.0. Operating Protocol 1 Water Acccunthig Within the framework of this Agreement, II , • Denton and Lewisvillb will assist L)a District in development and Implementation of an Operating Protocol to mske full use of Dislrici s water from Cooper Lake, avoiding any adverse Impact on • • Denton's water :,I. j stirage rights in Lewisville Lake. Nothing in this Agreement shall ever be ~d - w~.. ?y K 0 32XID A 0 utRwDlCRy d DenlonlCity of LeWIeVllre LeMavlile lake PHe•Through Agreement • water from Cooper (Chapman) Lake Page 10 construed as granting to District any storage rights in Lewisville Lake. Prior to initial discharge of Cooper water by District into Lewisville Lake, District shall develop said protocol for approval by the City Manager of Denton and City Manager of Lewisville or their respective designees, which approval will not be unreasonably withheld. District, Denton and Lewisville agree to maintain an overall water balance through an operating strategy coordinated by District, processing water through the individual treatment plants of the Parties as required and needed to achieve a balance between water discharged into and withdrawn from Lewisville Lake. The Dis.rict will maintain an accounting of waver Into and out of Lewisville Lake to assure that each Party gets their respective share, or a lesser amount tf requested, of Cooper Lake water on an annual basis, The Operating Protocol will provide for total usage of all Parties combined to be balanced with teal discharges into Lewisville Lake on a monthly basis. Any records associated with water accounting shall be made available to the Party requesting those records upon 48-ho11r written notice to the Party who has custody of the records. Section 4.1, Coordinating Daily Usage I Qlhor available WtgL No Party to this Agreement will be expected or required to process at their respective water treatment plant more water from Cooper lake on any given day than would otheiwise be needed to meet their system daily requirement. Provided however, that nothing in this Section shall be construed to be a waiver of • the District's obligations under Section 6.0. If on a given day, any Party uses more than their respective share of Cooper water, the water accounting system approved by the Parties as a part of the Operatng Protocol and maintained by District will make offsetting Pdjustments in subsequent • days to bring total usage by each respective Pa. ry back Into balance by year-end. It is agreed that O • each Party to this Agreement has other water msou .mss available to it out of Lewisville Lake and other sources to supplement water from Cowper Lake to meet total daily requ[ ements, whether for I~ k i t J s • 0 I UTRWnICtty of 0eMOn*ty of Lewisville Le+wlovipe Lake Pass-Through Agreement • Water horn Cooper (Chapman) Leks Page it i peaking of for base flow purposes. Provided, however, District will use its best efforts to sup; lv each Party's daily and annual requirements within the limitations of pipeline and pumping capacities according to this Agreement, the Cooper Reservoir Project Contract rind the Operating Protocol. Section 4.2, Monthly Walef gecountingaotal Usage. Pursuant to this Agreement and the Operating Protocol, District will maintain a monthly balance between the total amount of Cooper water discharged into Lewisville Lake and the total amount of water withdrawn. All Parties hereto will cooperate to achieve a monthly balance; and, excess water, if any, will be accounted for according to Section 6.0 (9) herein. Section 4.3. Settle-Up Between Parties for purposes of this Agreement, District will account for water usage and water sales for each Party pursuant to the Operating Protocol, coordinated with the period used in reporting raw water diversions or withdrawals to State of Texas. Any settle- up of usage between the Parties required by the Operating Protocol or water accounting system w't he performed at least annually. Section 4.4. Coordlnatton with Irving Water. District agrees to coordinate the Operating ` Protocol for conve; ing District's water through Lewisville Lake with the correEpond'+ng procedures by the City of Irving for conveying its water from Cooper Lake through Lewisville Lake under a i~ sep?rate agreement with the City of Dallas, Provided, however, nothing herein shall eve. relieve i District of any of its obligations under this Agreement and the Operating Protocol. Section 4.5. Short-Term Provlslon for Sale of Excess Water. If requested in writing from time to time, the District will use its best of is to uae or sell on behalf of Denton or Lewisville any 1 'i I A, t 10 10 room MEN& '%A s ' aa+atatva 0 1 B I UTRW=Ky of OwdonTity of Lewisville Lewbvllle Lake Pass-Through Agreement • weer from Cooper (Chapman) Lake P"t 12 portion of their Cooper Lake water not required or used currently, This Section will be adr inistered on an annual basis and relates to water that the Party had expected to need or use ,:nd accordingly was reserved for their regular use. This provision relates to short-term periods of one year or less and is distinct from the provisions of Sections 6.0 (c) and (d), which covers sales over an extended period of Ome for Denton, only. Under this Section, any such purchases from Denton or Lewisville will be priced at eighty five percent (85%) of the Dallas posted price for firm raw water sold at wholesale for resale. Section 4.0. Meterlne Measurement of water dischafged into Lewisville Lake by the District and water withdrawn by one of the Parties hereto will ue malsured at meter facilities which are k Installed for other purposes pursuant to other agreements. Maintenance and calibration of the 4 meters will be performed according to the terms of said other agreements to assure accurate readings. Denton shall have access to thu records concerning maintenance and calibration of tho meters upon 24-hour notice. ARTICLE V WATER REUSE I . Section 5.0. eutar: of Yj;+1, District agrees to make reasonable efforts to obtain permisslor, i from the State of Tfxas for reuse of water imported Into the Trinity River Basin by District from Cooper Lake. Within the framework of this Agreement, Denton and Lewisville will assist the District In development and implementation of a Proposed Reuse Strategy to make full use of District's O ~ water from Cooper Lake, avoiding any adverse Impact on Denton's water and storage rights in Lewisville Lake. Nothing in this Agreement shall ever be construed as granting to District any 1~ • y maws : - 0 sass . V • i UTRW=Ity of DenforiTtty of Law;sVitle Lewltsvilfe Lake Pass-Through Agreement • Walter from Cooper tChapman) Lake Page 13 storage rights in Lewisville Lake. Pdor to the District making application for such Itusa, uistrict shall develop said Proposed Reuse Strategy for approval by the City Manager of Denton and City Manager of Lewisville or their respective designees, which approval will not be unreasonably withheld. Denton and Lewisville agree to cooperate with the District In making and supporting applications to obtain permission for such reuse of water diverted from Cooper Lake, after Initially used by the Parties and treated and returned to waters of the State of Texas. Ills the intent of the Parties to this Agreement that any such approved reuse will be of benefit to each of 'he Parties to obtain maximum benefit from their respective amounts of water from Cooper Lake pursuant to the Cooper Reservoir Project Contract. Further, Denton agrees that if approval is granted for such reuse by the Slate of Texas, any such water so reclaimed or treated and returned to Lewisville Lake or its environs may be conveyed through and withdrawn from Lewisville Lake by District. Denton and Lewisville on the same terms and conditions as provided herein for water ori,inally diverted from Cooper Lake, Provided, however, the Partk,s hereto expressly agree that H any Party !s authorized to so reuse their respective share of Cooper Lake Water, they will not be required by the District to pay for the water again, recognizing that the l Is limited to recovery of its actual cost pursuant to the Cooper Reservoir Project Contract. Denton expressly reserves the right to not 1 participate in any svch reuse application for its snare of Cooper Lake Water. • ARTICLE VI i CONSIDERATION, FEES • Section 0.0. Consideration For Services, District and Lewisville recognize that Denton's agreement herein for District and Lewisville to convey (pass through) their Cooper water through I ~.J Lewisville Lake within Denton's water and storage fights t+as value to District and Its customers r i 1 UTR MCIty of Denton" of Lnvlsvl Ile LswlsvIrle Lake Pns•Through Agrsemsnt • Wolof from 6oopor (6hspmsn) Lake Psps 14 i , over and above the actual cast to Denton. Accordingly, District and Lewisville agree to provide the following benefits as consideration for the grants and privileges agreed to herein by Denton: k a) Pass-Through Fee, On an annual basis, District will pdy to Denton a fee equa+ to two cents ($0.02) per thousand gallons of Cooper water actually discharged into and withdrawn from Lewisville Lake pursuant to this Agreement. Said fee shall not apply to the water contracted to Denton and which Denton acquires under tho Cooper Reservoir Project Contract heretofore referenced, unless Denton refuses to participate in funding the Project, and said water Is sold or conveyed pursuant to Section 3.03'b) of said contract. Ats. the fee shall apply to Cooper water reclaimed for reuse if discharged Into and subsequently withdrawn from Lewisville Lake by District or Lewisville pursuant to a reuse permit or other appropriate regulatory authorization. bj F22 /Periodic Adjustment The fee amount provided in paragraph (a) immediately l preceding shall be subject to an annual adjustment on or about October 1 of each year, commencing the year that facilities am operations' to discha"ge the District's water from Cooper Like into Lewisville Lake, a reflect increases or decreases in costs according to { the Constpmer Price index For A# Urban Consumers (CPI-U, all items, published by United States Department of Labor, Bureau of Labor Statistics, 1982.198:=100). The "Current ~ i Index" shall refer to the most recent quarterly Index published prior to the date of • adjustment, "Previous Index" shall refer to the comparable period one year earlier. The fee shall be adjusted by multiplying the applicable fee times a fraction, the numerator of which is the Current index, and the denominator of which is the Previous Index. c) interim Provision for SaN4[Denton Watgli Until Denton notifies the District that it needs its share of the Cooper water, the provisions of this paragraph and paragraph (d) 20 0 N UTRWDIGty of DentonVClty of LrMsv1114 Lewisville Lake Paas•?hronh Agreement • Wafer from Cooper (Chapman) Lake Page 15 - following are effective, District agrees to use its best efforts to use or sell any portion of Demon's water from Cooper Lake that Denton does not rrquest to be reserved for its use. Denton and the District agree U at the price of said water shall be equal to the Canas posted price for firm raw water sold at wholesale for resale. If District is unable to use or sell Denton's water under this Interim provision, any propos;d resale by Denton shall be In accordance with the Cooper Reservoir Project Contract, ,f d) Long Term Provislon for Salg of Denton Water. District agrees to purchase or sell Denton's water under the following circumstances. In any year that District needs water to augment water availa[le to Distrct out of its rights in Cooper lake. except pursuant to "take or pay; 'ratchet" or such clauses In other contracts the District may have for purchasc of raw or treated water, District will purchase or sell Denton's water until Denton gives written notice at least twelve (12) months in advance that Denton desires to reserve the water for its own use. The obligation of District to purchase or ^.ell Denton's water hereunder shall come ahead of all other existing or future agreements the District may have for temporary or interim purchases of water from others, Including Denton. To the extent that District does not purchase said water from Denton but Is able to sell to others on behalf * of Denton, District agrees to remit to Denton the proceeds of such sales, leas actual cost if any, of aJministering such sate. Denton and the (District agree that the p lce of said water ; under this paragraph shall be equal to the Dallas posted price for firm raw wafer sold at wholesale for resale. I e) eBQI'utlon for Reuse. District agrees to use reasonable efforts to make application for and to obtain permission from TNRCC for District Denton, Lewisville and 'I 2,t 25 0 UTRWglelry of DenronlCRy td Lewisville Lswisvpie Lake Pass•Thnm,h AWeemerd • Water from Coopw (Chapman) Liss Paps 10 others to rewie Cooper Lake water that has been used, reclaimed, treated and returned to r waters of the State of Texas. mod Stage Provisions, Recognizing that Cooper Lake water is an Important source of Nater for the District, its customers and the Parties to this Agreement, the District Is authorized to pass its Cooper Lake water through I ewisville Lake during flood stage conditiois subject to authorization, if required, by the Corps as provided in Section 2.0. Such pass-through during flood stage sha!I be subject to all other applicable provisions of this A£;reemnnt Including Section 3.0 which prohibits the District from using, reducing or Impairing Denton's storage space. g) Water Balance! Excess Water, It Is the Intent of all Parties that daily discharge into and withdrawals from Lewisville Lake will be kept In reasonable balance. It Is agreed that the contracted basis for balancing actual quantities for usage and compensation under I this Agreement will be monthly volumes. District and Lewisville agree that if more water is discharged than withdrawn In any given month, said excess water shall become the property of Donlon for use or sale by Denton. The quaff~j of Cooper water, under this l paragraph shall be determined by the Operating Protocol specified In Section 4.0, which • protocol will take Into account the normal time required for water to flow between the metering point and Lewisville Lake. Section 6.1. Fees ! Terms Apply to Lewisville. Lewisville agrees to pay its pro rata share of O • any fees provided for herein and to be bound by the terms hereof, District agrees to include any a I such fees In the cost of wafer (or Annual Requirements) charged by Distrld or otherwise provided I ~.f. 25 x C 32013 MURAL o t I i UTRWD%CNy or antonlClty of Lewlsvl Ile Lewisville Lake Pass-Through Agreement • Water from Cooper (Chapman) Lake Page 17 for in the Cooper Reservoir Project Contract. However, District shall not Include such fees in the cost of Cooper water sold to Denton, except to the extent that fees and cost, if any, are Incurred by District in connection with Denton's Cooper water. ARTICLE YII BILLING AND PAYMENT Section 7.0. Bills Rendered. Denton shall render bi!Is monthly to District for services provided by Denton under this Agreement. District will cooperate with Denton and will provide coordinated I meter readings or other water accounting information reasonably necessary for preparation of i monthly bills by Denton. If mutually agreed, monthly Pstimates will be acceptable for bill rig purposes, subject to settle-up provisions of this Agreement. District will be responsible for billing and collecting fees and charges from Lewisville and any other users of the water. Bills shall be due and payable upon receipt by District and by Lewisville, 1 i Section T.I. Prompt Payment and Disputed BI'is. District shall make payments to Denton within 20 calendar days of the date a bill for service Is rendered Likewise, Lewisville shall make " prompt payments within 20 calendar days to District. It the receiving Party at any time disputes the amount to be paid by it to the billi: ig Party, the receiving Pally shall nevertheless promptly make such payment or payments; but, if it is subsequently determined by agreement or final court decision that such disputed payments should have been less, or more, the amount shall be promptly adjusted The charges shall be adjusted if, such manner that the receiving Party will recover its overpaymeni or the billint, Party will recover the amount due it. Afl amounts due and owing to any Party shall, if not paid when due, bear Interest at the rate of ten percent (10%) per I 2s K 32X ❑ O i UTRWWGty of DentonlChy of LWaville Lewlsville Lake Pass-Through Agreement • Water from Cooper (Chapman) Lab ` Page Ia annum from the date when due unbl paid. ARTI ALE VIII GENERAL PROVISIONS Section 8.1. Representations of the Parties. The District, Denton, and Lewisville hereby covenant and agree as follows: a) Each Party to this Agreement warrants that its actions in executing and ente ng ! Into this Agreement have been duly authorized in a manner that follows the laws applicable to it, b) Each Party to this Agreement warrants that it shall prompdv and with all due diligence, acting jolnty or indNidually as may be appropriate, take all necessary actions and endeavor to obtain all regulatory approvals, licenses, orders and permits necessary to carry out its obligations under this Agreement, Including, without limitation, any approval pass-through of Cooper Lake water authorized necessary from the Corps and TNRCC. The i by this Agreement is conditioned upon Denton obtaining permission, if necessary, from the Corps. Section O.J. Termination and Default. a) Should District fail, refuse or neglect to pay any bill for services hereunder within sixty (60) days of the date due; or, should it refuse, neglect, or fail to comply with or perform • p • any of the conditions on its part required to be complied with or performed hereunder, J~i including, without limitation, District's failure to develop or comply with the Operating I 24 10 25 10 2 x 4 o O Visa" I` UTRWMCity of DerNOniCity of Lewlsvirle Lewisville take Pose-Through Agreement • Waxer from Cooper (Chapman) Lake Page II I Protocol set forth In Section 4.0, the District shall be in default. If after such default, Denton ' shall deliver to District addressed to the Executive Director of District, a notice In writing of its intent to terminate the passage of water through Lewisville Lake on account of such failure, refusal or negl,:ct, then Denton shall have the right to terminate the service hereunder, including sale of water, at the expiration of thirty (30) days after the giving of such notice and to terminate this Agreement, unless within thirty (30) days District shall make good such failure, refusal of ney'ect, If District pays or performs within the thirt•day (30) period, the default shall cease to exist. The termination of this Agreement or right to terminate this Agreement shall not constitute Denton's only reined, for breach of the Agreement as provided herein. Termination of this Agreement, as provided herein, shall not release District from Its obligation to make payments of any amounts due or to become due In accordance with the terms hereof, or to pay damages to Denton resulting from such default, and Denton specifically reserves all remedies at law or In equity for any such breach, including, without limitation, the right to demand specific perfc,rmance, or to obtain a writ of mandamus in the Distract Courts of Denton County to require compliance. b) In the event Lewisville fails to comply with of carry out its obligations and requirements under this Agreernsrit, including, without limitation, Lewisville's failure to • reasonably approve and to comply 0th the Operating Protoool set forth In Section 4.0 and the Proposed Reuse Strategy sel forth in Section 5.0, the District or Denton shall give Lewisville thirty (30) days written notice to comply. In the event Lewisville fail: to comply or take satisfactory steps towards compliance within said thirty (30) day period, the Party I• ~ O • If or Parties giving the notice shall have the right to require specific performance, or to obtain or to 1 a writ of mandamus In the District Courts of Donlon County to require compliance, I i ~I 2~ ~ i SUMMON" a 0 - - I `sue I UTRWMCItr of DantonlCBy of Lewisville Lewisville Lake Pass-Through Agreement • water from Cooper (Chsp,nan) Lake Pepe 29 terminate the Agreement, or to collect damages resulting from such failure to Comply, and District and Denton specifically reserve all remedies at law or in equity for breach of this Agreement. C) In the event Denton fails to comply with or carry out its obligations and requirements under this Agreement, including, without limitation, Denton's failure to reasonably app+ ove and to comply with the Operating Protocol set forth In Section 4.f and the Proposed Reuse r` Strategy set forth in Seclion 5.0, the 1: strict or Lewisville shall give Denton thirty (30) days written nu'"co to comply. In the event Denton fails to comply or la<e satisfactory steps towards canp!;anco within said thirty (30) day period, the Party or Parties givi, g the notice shall have the right to require specific performance, or to obtain a writ of mandamus In the Disulct Courts of Denton County to require compliance, or to terminate the Agreement, or to collect damages resulting from such failure to comply, and District and Lewisville specifically reserve all remedies at law or in equity for breach of this Agreement. Section 8.3, Force Maleurs. If, because of flood, drought, fire, explosions, civil disturbance, war, water system failure or malfunction, acts of God, or other muses beyond the control of either Party, eitnet Fwtr Is not able to perform any or all of its obligations under this Agreement, then the I respective "lrty's obligations hereunder shall be suspended during such period, and for no longer • than such period of time when the Party is unable to so uerform. t i Section 8.4. t.iaUllity and Claims, • a) To the extent allowed by law, except for the actions or inactions described and disclaimed in paragraphs 8.5 and t?.R, which are expressly excluded from this Inde nnit;•, ' • ' 1 Denton agrees to indemnify and hold harmless and defend District and Lewisville, tne, F 20 ~"~rL s• u UTRWMChy of Dsnton*ly of Lswlsvllls LowlsvrlIs Lake Past-Through Agrssmonl • Wafer from Coops (Ch•dman) Lake Pogo 21 officers and employees, from any claim for Injuries, damage, or losses, administrative proceedings, lawsuits or Judgments, penalties, costs, expenses, and attorney's fees for personal injury (including death), property damr,ge, other harm for which recovery of damages Is sought, or blations of federal or state laws or regulations that arise from any act, omission or negligenca of Denton, its officers or employees, arising from the 1 performance of this Agreement, unless said injuries, damages or losses result from tree negligence of Distrrt or Lewisville, resPectrvel y . The indemnity shall apply Incases where, due to Denton's operations and obligations under this Agreement, the Lewisville Lake water I` quality Is ImpairPJ or the Cooper water is Impaired, and if Denton violates applicable state or federal environmental lass, rules, or regulations. b) To the extent allowed by law, District agrees to Indemnify and hold harmless and deferri Denton and Lewisville, their officers and employees, from any claims for Injuries, damages or losses, administrative proceedings, lawsuits or judgn. nts, penalties, costs, expenses, and attorneys fees for personal Injury (including death), property damage, other harm for welch recovery of damages is sought, or violations of federal or state laws or regulations that arise from any act, omission or negligence of District, its officers or employees, arising from the performance of this Agree-rent, unless said injuries, damages 1 • or losses result from the negligence of Denton or Lewisville, respectively. The Indemnity k shall apply In cases where, due to District's operations and obligations under this Agreement, the Lewisville Lake water quality Is Impaired or the Cooper water Is impaired, 4 • and if the District violates applicable state or federal environmental laws, rules, or O ' regulations. 27 ~ - 25 x 0 32XIO r s ' 0 1 UTRWD%Cky or DanfonTity of Lewisville Lewisville Lake Pau-Through Agreement • Water from Cooper (Chapman) Lake Page 22 C) To the extent allowed by law, Lewisville agrees to indemnify and hold harml(ss and i defend District and Denton, their officers and employees, from any claims for injuries, damages or losses, administrative proceedings, lawsuits or judgments, penalties, costs, j expenses, and altomey's fees for personal Injury (Including death), property damage, other harm for which recovery of damages is sought, or violations of federal or stale laws or regulations that arise from any act, omission or negligence of Lewisville, its officers or employees, arising from the performance of this Agreement, unless said injuries, damages or losses result from the negligence of District or Denton, respectively. The provisions of this Agreement, including the above indemnities, are solely for the benefit of the Parties to this Agreement, and are not infended to create or grant any rights, contractual or otherwise, to any other person or entity, Section B.S. No Warr vties. Denton makes no representation or warranty, express or Implied. as to the character, quality, or availability of the water to be taken or sold by the District under this Agreement; and, the District agrees to assume ail such risks, to accept such water, if available, In the same state as it is provided or made available to District; nor, does Denton make any representation that such water will be suitable for the purposes for which the Di.Act desires to use it. Denton shall not bo liable in the event of the non-availability of water hereunder, the unsuitability of such water, or its quality, or the inability of Denton to perform any obligabon under this Contract i I for force majeure reasons as stated in Section 8.3 hereof, including rules and regulations of other governmental ageltcles. 0 • Section B.B. @ecylations of Other Agencies, Denton shall not be liable In any event for the 23 Af akd~ I 25>l 2 x1i] ISM= 111111111A OEM e SOON" C rerxrtma UTRWMCIty of OentonlClly of LewlsvIlls Lewisville Lake Pats-hough Agreement • Water (r.m Cooper (Chapman) Lake Page ]7 nonavailability of services hereunder due to the inability of Denton to perform any obligation under i this Agreement for reasons beyond its control, including rides or regulations of other govemmenlal I agencies. Provided, however, Denton will pursue action or remedies it deems reasonable, with reasonable assistance by District, for such non-availability of services to allow restoration of services so affected, impaired or suspended within a reasonable time, considering the conditions creating the non-availability of services. Section 8.7. Severabllfty. If any provision of Skis Agreement Is by any court held to be illegal or i. conflict with any law or regulation, the validity of the remaining provisions of this Agreement shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. Section 8.8. Assignment, Neither Party shall assign nor transfer In whole of in part the rights and privileges granted in this Agreement without first obtaining the written consent of the other Party. Section 8.9, Entire Agreement: Modification. This Agreen,<nl embodies the whole agreemerd ` of the Parties. There are no promises, terms, conditions, or obligations other that those contained herein. This Agreement shall supersede all previous communications, representations, or • agreements, either verbal or written, between the Parties, and all modifications of this Agreement shall be in writing and approved by the affected Parties. , • Section 8.50. Yenue, All amounts due under this Agreement shall be paid and be dr:a in Denton r County, Texas. It Is specifically agreed among the Parties that Donlon County, Texas, Is the place of performance of this Agreement. In the event shat any legal proceeding is brought to enforce this 2 :f l - 711, MID r,. ~ ` 2 x l❑ 32x1D O 1 I i OTRW=tty of oonlonTIty of Lowlsvlllo Lawlavllfe Lab Pass-through Agrminanr • Water from Cooper (Chapman) Cake Page 2e Agreement or any provision hereof, the same shall be brought In Denton County, Texas. Section 8.11. Notices, Any notice, request for Information or other document to be given hereunder to any of the Parties hereto by the other Party shat) be in writing and shall be hand- delivered or sent by certified or registered mall, postage prepaid, requesting evidence of receipt as follows; 9) If to Denton, addressed to: City of Denton Attention: City Manager 215 East McKinney City of Denton, Texas 78201 i b) If to District, addressed to: I Upper Trinity Regional Water District Attention: Executive Director Post Office Drawer 305 i Lewisville, Texas 75087 j C) If to Lewisville, addressed to: City of Lewisville Attention: City Manager P.O. Box 299002 Lewisville, TX 75029-9002 n Either Party may change the address for notice above by certified mail to the other Parties at any i time. 1 Section 8.12. Captions, The captions of the various sections and paragraphs herein are intended ; for convenience or reference only and shall not define or limit any of the terms or provisions hereof. • to i 30 ~XIat~ r ' no Na 0 1 ",*Wrm UTRW00y of DsntonlClty of Lewlsvl Iis Lewisville Lake Pass-Through Agreement • Water from Cooper(Chapman) La1.e Page I5 Section 8.13. Governing Laws, This Agreement shall In all respects be governed by and construed In accordance with the laws of the State of Texas, Including all matters of construction, validity and performance. Section 8.14. Governmental IMmy Ijy Not WalveJ Neither Denton, District, nor Lewisville waNes, nor shall be deemed hereby to waive, any Immunity or defense that would otherwise be available to It against claims made or arising from any act or omission resulting from the l Agreemern. .Waiver , The waiver by either Party of any breach of any provision contained Section 6.15. Non- in this Agreement shall not be deemed to be a waiver of such provision for any sub seq,j ant breach of the same or any other provision. ARTICLE IV TERM OF CONTRACT Section 9,1 Effective Date, Upon execution by all Parties, this Agreement shall become effective A upon the date first written abov, . Section 91. Term of Contract. This Agreement provides for delivery of Cooper Lake water purchased pursuant to the Commerce Contract; and, it is desirable to coordinate the Initial term and ; • renewals of this Agreement with said contract, and any renewals thereof. Accordingly, the Initial O O " term of this Agreement shall continue in force and effect until September 28, 2041; provided, however, this Agreement may be renewed for succeeding twenty five (25) year periods for as long X10 32XIO 0 Q ( r i UTRW=ity of DenlWCHy of Lewisville P Lewisville We Pus-Through Aar"m*nl water from Ccoper (Chapman) Lake Page g6 as the Commerce Contract remains In effect. If District requests such renewal by notifying Denton " of its Intention to renew in writing at least 180 days before the end of the initial or each succeeding renewal term, Denton and Lewisville shall not unreasonably withhold approval. Upon each renewal after the initial term, the fees provided for herein (Section 8.0a) may be modified in an amount mutually agreed to by Denton and Disricl, If Donlon and District cannot agree on fees, either Denton or District may, at its sole option, terminate the Agreement, Other provisions of renewal agreements may be modified by mutual agreement of the Parties. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their respective dulyautho6zed officers In multiple originals as of the date and year first above written. CITY OF DENTON, TEXAS 1 Ted Benav'dbs, City Manager ATTEST: Jennifer Walters, City Secretary 1 APPROVED AS TO FORM AND LEGALITY; t ~ Herb Prouty, Ci omey I CITY OF LEWISVILLE, TEXAS Bobble J. Mitchell, Mayor ATTEST: . r Marty Hendrix, CMCIAAE, City Seurelary 3w % , i 4 i G I :,+mrrw I I IIUMCIty or DentoMClry or Lowlevllle Lewlavdle Loge PprlTwouph Agreement • Water from Cooper (Chapman) Lake Ape 27 i. I APPROVED AS TO FORM AND LEGALITY: l , Ronald J. Neiman, City Attomey UPPER TRINITY REGIONAL WATER DISTRICT Johnny D. Hams, President Board of Directors ATTEST: Stephen L• Bacchus, Secretary Board of Directors APPROVED AS TO FORM AND LEGA'ITY: John F. Boyle, Jr„ Attorney General Counsel for District k , KM[Olra aIUPE b'DEP rudar Dawlmb•Le~vxb9eMre.M wr ww ma~ as ,N I ~ ~y. .r 33 i L. 4k - + `'ky~`'` 2 5 x 10 32 X 9 0 1 I~ 1 hI 1 5.2 livingg s~hall notify Dallas each day, not later than a time determined by Dallas' Director oftil+ater Utilities, of the amount of water that it requires to be released from the Lake Lewisville dam. Accordingly, Dallas shall include Irving's water with the release of its water from Lake Lewisville dam. 5.3 For purposes of water accounting that may be necessary under the terms of this Contract, Irving shall maintain a record of the quantity of water Irving delivers to Lake Lewisville, the volume of water in its Lake wisville storage, the quantityy of Irving's requested releases from Lake Lewisville dam, and the amount of water it receives through its Supply Line No. 3. SEIR IOON 6. 12ELIVERY FROM ELM FORK WATER TREATMENT PLANT TO 6.1 Dallas shall provide potable wale, for Irving's use at the discharge side of the Elm Fork Wat^r Treatment Plant (the "delivery point") as referenced in Section 1 of this Contract, Such water shall be delivered to Irving s Supply Line No. 3 through pipeline facilities that extend from Dallas' high service pumps at the Elm Fork Water Treatment Plant. Such delivery shall be at Dallas' normal operating pressure leaving the water treatment plant without re- pumping or additional pressurization by Dallas. Irving shall be responsible for facilities and operations required for higher or lower pressures than Dallas' pressure. 62 Irving shall design, construct, operate and maintain all facilities necessary to I transport its water from the Elm Fork Water Treatment Plant to Irving's water system, including but not limited to pumping stations, pipelines and storage reservoirs. 6.3 The delivery point for Irving's water leaving the Elm Fork Water Treatment Plant shall be located as close as possible to the Elm Fork Water Treatment Plant. In addition to other facilities required by this and other Sections of this Contract, Irvin shall design and construct a metering station at the Elm Fork Water Treatment Plant delivery point meeting Dallas' requirements established in Section 10 of this Contract. The delivery point and metering facilities are described in Exhibit A to this Contract. Dallas shall provide Lcenses or easements, in the form as approved by Dallas' City Attorney, for Al necessary improvements owned by Irving to be installed on Dallas property. SECTION 7. WAIERLOAM ' 7.1 for purposes of the administration of this Contract, certain losses In Irving's water from Jim Chapman Lake, unless modified as provided In Sections 2.1, 2.4 and 15 of this Contract, must be assumed. k 7.2 For purposes of the administration of billing under this Contract, a loss of 1% shall be used for the pipeline segment between in Irving raw water flow meth installed at the Lake Livon terminus point and the pipeline discharge point at Lake e Lewisville, unless it Is determined that a larger or smaller loss actually occurs, in which case the targger or smaller value shall be utilized and other quantities in this O • agreement modifie l accordingly. wow, t re *Nn r f~M<n G«.e.e • Gry or" 31 EXHIBIT A } Its 32XID 0 ,+reaws ' O w,~rrrs i 73 If Irving delivers Jim Chapman Lake water to a tributary of Lake Lewisville losses in excess of those expected from a pipeline of correspond in lenprth, as a eel upon and determined by Dallas' Director of Water Utilities and truing s Director of Public Works, will be added to the losses already established within this AgreemenL 7,4 The total storage loss for Irving's Jim Chapman Lake water stored in Lake Lewisville shall be 15% per year of the actual amount of Irving's im Chapman Lake water discharged into Lake Lewisville each year. Provided, however, the total storage loss shall not exceed 655 acre-feet per year, unless modified as provided in Sections 2.1 and 3.5 of this Contract. 75 The water loss associated with the treatment of Irving': Jiro C~happman Lake water at Dallas' Elm Fork Water Treatment Plant shall be 3 e of Irving's water released from Lake Lewisville, as such 3% loss is calculated pursuant to Section 11.3 of this Contract, SECTION8. SUPPLY DURING MAINTENANCE AND EjRCj lQ INTERRUPTIONS ATTRBUTED TO DALLAS' FACi1.t77xS 8.1 Dallas and Irving agree that Dallas' Elm Fork Water Treatment Plant facilities, and any other conveyance or treatment facilities owned by Dallas and required to provide treatment service to Irving under the proylslons of this Contract, shall be taken out of service periodically for planned or unforeseen maintenance, and that potable water suppl to Irving shall be maintained under these conditions in accordance with this Section of the Contract, Planned maintenance activities shall normally occur annually during lower demand, wintertime periods. 8.2 During Elm Fork Water Treatment Plant scheduled or non-scheduled maintenance periods, inciudin periods of emergency interruption of service, which prevent Dallis from treating 1rving'e Jim Chapman Lake water thereby ppreventingg wing from obtaining its antlcipa ed supply from Jim Chapman LakIrving wiII pur ase treated wafer from Dallas through the existin amison, Hackberrryry and Supply Line No. 3 wholesale tree 1 water delivery pointtia;, as further described in the wholesale treated water contract between Dallis and Irving. Under this circumstance, Irving shall be permitted to temporarily increase its demand at the Jamison, Hackberry or Supply Line No. 3 wholesale metering station(s) up to a maximum amount less than or equal to, but not exceeding, L i s's actual average day usage for water treatment services at Dallis' Elm Fork Water Treatment Plant without causing the wholesale treated water demand charge to Increase pursuant to the prevailing wholesale water supply contract between Dallas and Irving. 'Ihe average day usage shall be determined by Dallas' Director of Water Ublities according to the average amount of water treated for Irving during the previous 12 month period. However, should hving's demand for treated water from Dallas exceed Its actual average day usage for water treatment services at Dallas' Elm Fork Water Treatment Plant, ss previously determined, then Irvingg's demand and related charges under the wholesale treated water supply contract shall be Increased up to the new higher amount. O ' 8.3 During Elm Fork Water Treatment Plant scheduled or non-scheduled maintenance periods, including periods of emergency interruption of service which prevent Dallas from treating Irving.: Jim Chapman Lake water, Irving shall pay W,e, TMAv n,fdrrs,N fineat,eo of IMnr 35 32 x tD _ KEY COMPONENTS OF THE PASSTHROUGH AGREEMENT WITH UTRWD Jul), 28,1998 - i 1 I WHEREAS SECTION- Page S first Whereas on the page: This section makes the contract applicable to the water (11,72 MGD) that the District purchased from Commerce on July 5, 1990 and up to 10 MGD f additional water that the District may purchase in the future that comes from Cooper Lake. ARTICLE 1 Page 6: Terms in the Whereas clauses are nforceable components of the contract. ARTICLE 2 Page 6 -7: Describes the project and amends the contract between the UTRWD and Denton giving Denton the right to get out of the Chapman project if Irving finances the project instead of UTRWD. ARTICLE 3.0 Page 7: • f. Outlines the general agreement between UTRWD, Lewisville, and Denton. None of Denton's storage rights in Lake Lewisville may be, used. Only the . Cooper water mentioned in the Whereas clauses can be passed through the Lake. This agreement is subject to Corps approval. 3 1 ' SECTION 3.1 Page 7.8: Pipeline and Transportation Losses. Pipeline losses are set to be the same as 0 those losses specified in the Dallas/ Irving agreement. Channel losses are to be agreed upon later between Denton and UTRWD pending outcome of future studies and design work being done by Irving and Dallas. 30 EXHIBIT II - y ?.r 10 32XIO 0 t f 1 SECTION 3.2 Page 8 -9: No evaporation losses within Lake Lewisville are assumed. SECTIONS 3.3 and 4.2 Page 9 - 11: ~ A monthly accounting of the volumes of water entering the lake and being used will be done. If more water enters the lake than is withdrawn, the excess water will belong to Denton (per Section 6.0g.). I SECTION 4.0 Page 9 -10: The UTRWD is to develop an operating protocol for requesting, using, and accounting for the used water. The protocol must be approved by the City Managers of Denton and Lewisville. SECTION 4.1 Page 10 - It: No party to the agreement has to take more Cooper water on any given day than they need to meet their system demand. Each party must have other water sources. The District may adjust water usage of the parties to bring the water usage into balance by year-end. SECTION 4,2 Page 11: -44 Water usage will be settled between the parties at least annually. SECTION 5.0 Page 12: U'rRWD with the assistance and approval of Denton and Lewisville will develop a reuse strategy. Parties will cooperate with the preparation of a • reuse permit from the TNRCC. Any water reused by the parties is subject to • • the pass through fee paid to Denton. Entities would not have to pay the V UTRWD a second time for reused water. Denton does not have to participate in a reuse applica!ion for our portion of the water. 37 - ----jV,} 25 10 32X ❑ x, , t O n n. • • ~ A•+: -c~Y•'a, L.'w:.rdn , 1.' n" is , y,. e.n ~ r.r... SECTION 6,0.a. Page 14: i UTRWD will pay a pass through fee to Denton for the Cooper water equal to $0.02 per thousand gallons of water. Fee does not apply to Denton's portion of the water. ` SECTION 6.0.b Page 14: The pass through fee shall be subject to annual adjustment based on the Consumer Price Index, y SECTION 6.0.c Page 14-15: Because Denton does not need its share of the Cooper water for approximately 15 years, the Distric will attempt to sell this water on Denton's behalf at the Dallas posted price for firm raw water if the District does not have need for the water. If the District needs Denton's water, then the District will buy the water at this same price (Section 6.0.d). The District's obligation to buy this water from Denton will come ahead of all other existing or future agreements the District may have for the purct-ase of temporary purchases of water. Once Denton begins to use its water, the UTRWD may sell on Denton's behalf Denton's water. The spies price shall be the 85% of the Dallas price for firm raw water (Section 4,5). SECTION 6.0.f Page 16: UTRWD may pump Cooper water into Lake Lewisville during floods, SECTION 9.2 Page 25 - 26: The term of this contract shall coincide with the dates for renewal and termination of the original Commerce contract, making the initial term of the • contract k1st until Seplember 28, 204E • _ • 3J 6 32X u rv,t 1.MC{r.' 'bwK v't'AYI n?'MYf; k. ew `r roYv.Pw M . C a " ~i.P~ 9^w.°;:fi:N:<:7 n VA 7ri %~frin l t' CHAPMAN ! t TRANSMISSION LINES i GEORG I: ~COOKE RAYSON PARKIV06 E 1~~7 > T FANNIN r DELTA ~ OtNTON RUNT z Qerlon CHAPMAN 4=~ ~ 1 s a l <i t ~ <i h ii/~l S I HOPKINS 1 Godond ~..1.. e 4 J A %j TARRANT LL I RAINS • i Ar I insso LOCATION MAP For pllaa' Mes~uite Worlh EXHIBIT III Grorid ~0- ( I n l~ 32x10 ' e ro gpuna~ No,.._. nva Apcnda 0 i AGENDA INFORMATION SHEET AGENDA DATE: August 4, 1998 DEPARTMENT: Transportation CMIDCI1ilACM: Rick Svehlm, Deputy City Manager ' SUHJECTt AN ORDINANCE AU7'IIORIZING 11 IL CITY MANAGER TO MAKE AN APPLICATION WITH AND 7IIE?N TO FXLCUIE A PUBLIC TRANSPORTATION AGREEMENT AND SUIISLQUI:NT AMENDMENTS Willi lift 'TEXAS DEPARTMENT OF TRANSPORTATION FOR FUNDINU PUBLIC TRANSPORTATION, AND PROVIDING AN FFFECTIVE DAIE. PAC ;ROUND, Approval of this ordinance authorizes the City Manager to make application for transportation funds from the Texas Department of Transportation (TXDOT). In July 1997, TXDOT approved a biennial appropriation dedicating approximately $620,000 in public transportation funds to supplement public transportation activities in the City of Denton for FY 98 and 99. During FY 98 one-half of those funds were used to match available federal and local funding for operations oft he transit system and to put chase capital equipment for the system StalFrequests authorization to make application for the remaining funds to be used for FY 99 transportation needs As indicated on the attached FY 99 funding chart, we are only requesting a total of $117,255 in state funds even though the remainder of the biennial appropriation is approximately $310,000 Staff was recently advised by TXDO I that a portion of those state funds were appropriated from the Oil Overcharge Fund are not immediately available to TXDOT, As a result they can not be n programmed into Demon's FY 99 budget at this time. However, those funds are expected to be • made available to TXDOT and will be program i !ed later in the fiscal year through budget amendments. Because of the uncertainty of exactly when the funds will be available, staff proposes to use the funds immediately available ($117,255) to assist with the operations needs of our system and reserve the remaining funds for the purchase of cepilal equipment later in the fiscal year. At this time staff does not anticipate any service interruptions due to the delayed disbursen ~nl of state funds, I ~ i Y .1. 25 r❑ 3?xI❑ 1 y .V i• ~ n i 1 i1 d 0 t l ' 1 .nom..,.. "u:Aw.YE-Y A r.r„' rvnM..t.~,r•:.r FSTLM1LATED SCHEDULE OF PROJECT: Upon approval of this ordinance and final execution by TXDOT, these funds will be used along with federal funds to operate the transportation system from September 1, 1998 through-Awlst { 31, 1999. t x.. PFIOR ACT10N I REVIEW (Cal%iL BOa_rd±_ Commiss10aa1: None FISCAL INFORMATION: These funds from TXDOT ($117,255) will be used•te match federal operations (S43A,000) and capital funding (5212,080) along with local fiords equestatin the city's FY 99 budget k ($125,000). fy W, EXHIBITS: Proposed OF&mce • M ' A Res y ubmitted: Rick Svelda Deputy City Manager Prepared by: j • Veronica S, Rolen Public Transportation Coordinator j f 2 1 1 ,1 1 2 y x I o 32X 0 tee.. vw u..w\ F.~~..... •c r'- w~ ter......... { ORDINANCE NO. I ` AN ORDINANCE AUTHORIZING THE CITY MANAGER TO MAKE AN APPLICATION WITH AND THEN TO EXECUTE A PUBLIC TRANSPORTATION AGREEMENT AND SUBSEQUENT AMENDMENTS WITH THE TEXAS DEPARTMENT OF a, TRANSPORTATION FOR FUNDING PUBLIC TRANSPORTATION; AND PROVIDING AN EFFECTIVE DATE. 5 WHEREAS, the United States Secretary of Transportation is authorized to award grants for a + I mass transportation program of projects and budget; and WHEREAS, the State of Texas is authorized under TEX. TRANS. CODE ch. 455, to assist y~Fr , 2.' the City in procuring federal aid for the purpose of establishing and maintaining public and mass SI transportation projects; and WHEREAS, the City of Denton desires to obtain public transportation funds from the State for the purpose of establishing and maintaining public and mass transportation systems; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS, SECTION 1 That the City Manager is authorized to make an application with and then execute a Public Transportation Contract, substantially in the form of the attached agreement which is made a part of this ordinance for all purposes, and subsequent amendments, on behalf of the City of Denton, Texas, with the Texas Department of Transportation to aid in the financing of public transportation, and to execute any other certifications or documents necessary to implement the Contract. The City Manager, however, is not authorized to amend this contract by more than the amount authorized by chapter 10 of the Code of Ordinances of the City of Denton, Texas SECTION It That the City Manager is hereby authorized to make expenditures as may be III i required for the local share of any public transportation costs which may be required under the 4 t• i Contract. ' { SECTION V.. That this ordinance shall become effective immediately upon its passage and t j, approval. l ~ PASSED AND APPROVED this thc__ day of 1998. JACK MILLER, MAYOR { 3 < { j,~\ 2 5 'x 10 32 x 10 t f 1: .f' .I fr IS r~ r !ice O r s 1i i ATTEST. JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM " HERBERT L PROUTY. CITY ATTORNEY E ±y BY: Ush.rcidMilk MwDo cKs'Odlw "91PUSUCTRANSPORTATION ORD.DOC o ~ ~gg+ 7i i I i I r r J' ~ 4 25 x • W 32 x +t , low" 0 RECIPIENT, The Ciiy Of Denton PUBLIC TRANSPORTATION(SEMON!307) GRANT AGREEMENT GRANT AGREESIEstT NO. 518181`1r:9 j STATE PROJECT NO, LAS-9801 MI f STATE URBAN PUBLIC TRANSPORTATION GRANT AGREEMENT THE STATE OF TEXA; $ THE COUNTY OF TRAVIS $ THIS GRANT AGREEMENT is made by and between the State of Texas, acting through the s ' Texas Department of Transportation. hereinafter called the "State," and The City Of Denton, ' hereinafter called the "RECIPIENT," WI TN ESSETH WHEREAS, the Governor of the State of Texas has designated the Texas Department of Transportation I State I to administer a statewide Public Transportation Grant Program, and to provide state funds to match federal funds: and. WHEREAS. Transportation Code, Chapter 455• authorizes the State to assist the Recipient in procuring aid for the purpose of establishing and maintaining public and mass transportation projects and to administer funds appropriated for public transportation under Transportation Cede. Chapter 456: and. WHEREAS. the Recipient has suhmitted an application for financial assistance for a urban public transportation project genernlly including training, technical assistance, research. or support services related to public transportation in urbanized areas. and the State approved the application, and, „ N01V, THEREFORE, in consideration of the premises and of the mutual covenants hereinafter set forth. the State antl the Recipient hereto agree as follows. AGREEMENT ARTICLE 1. GRANT PERIOD This Grant Agreement becomes effective on September 1. 1999 or when executed by the State's ti District Engineer, whichever is later, and shall terminate on August 31, 1999 unless terminated or otherwise modified as hereinafter provided. ARTICLE 2, PROJECT DESCRIPTION / The Recipient shall commence, carry out and complete a public transportation project described in Attachment A, Project Description, with all practicable dispatch, in a sound. economical and S 10 2XIO .1111141111111. Maim E i ARTICLE 2. PROJECT DESCRIPTION (cont.) efficient manner in accordance with the provisions of Attachment A. Project Description. this Grant Agreement. federal and state law. aad federal and state regulation as hereinafter referenced. ARTICLE 3. COMPENSATION A. The maximum amount payable under this Grant Agreement without modification is $117,255.' provided that expenditures are made in accordance with the amounts and for the purposes authorized in Attachment B. Estimated Project Budget, B. The State's reimbursement to the Recipient is contingent upon the availability of appropriated funds. The State shall have no liability for any claim submitted by the Recipient or its subcontractors, vendors. manufacturers or suppliers if sufficient state or federal funds are not . available to pay the Recipient's claims. C. To be eligible for reimbursement under this Grant Agreement, a cost must be incurred within ' the Grant Agreement period specified in Article 1, Grant Period, and be authorized in r Attachment B. Estimated Project Budget. D. Reimbursement of costs incurred under this Grant Agreement is further governed b. cost R principles outlined in applicable Federal Office of Management and Budget (OJ,B) publications" as follows: OMB Circular A•21. Cost Principles for Educational Institutions OMB Circular A•97, Cost Principles for State and Local Governments OMB Circular A- 122. Cost Principles for Nonprofit Organizations E, Costs claimed by the Recipient shall be actual net costs, that is, the pnce paid minus any refunds, rebates or other items of value received by the Recipient that have the effect of reducing the cost actually incurred. F. The Recipient may submit requests for reimbursement to the State no more frequently than monthly using invoice statements acceptable to the State. Requests for reimbursement must be furnished to the State within forty-five 1451 days of the end of the month during which the costs were incurred. Additional documentation to support any cost incurred during the billing period may be required at the discretion of the State. At a minimum, each billing must be accompanied by a st.mmary by budget line item which indicates the total amoun, ~nrized for ea:h line item. I previous expenditures, current period expenditures and the balance remain in the line item. i j • G. The original and one copy of the invoice are to be submitted to the following 4,1"+iess: Jay R, Nelson, P.E, District Engineer Texas Department of rranrporialiun P.O. Box 3067 Dallas, Texas 75111.3067 t • H. The State will make payment within thirty (30) days of the receipt of properly prepared • • requests for reimbursement. I i - 25xI0 32XIO 1 I Rt1RLLlt• 0 1 1 1 SOON* I ARTICLE 3 COMPENSATION fcont.I I, The Recipient will submit a final billing within forty-five 05) days of the completion or termination of the Grant Agreemen in accordance with Article I, Grant Period. J. The Recipient shall make payments promptly to all subcontractors and suppliers. Failure to do so will be grounds for termination of this Grant Agreement by the State. The State shall not be re~nonsible for the debts of the Recipient. ARTICLE 4. AMENDMENTS Except as noted below, changes in the scope, objectives, cost or duration of the project authorized herein shall be enacted by written amendment approved by the parties hereto before additional work may be performed or additional costs incurred. Any amendment so approved must be executed by hoth parties within the grant period specified in Article 1, Grant Period. The Recipient is authorized to re-budget without a formal amendment when the proposed revision involves an increase in one category and a corresponding decrease in another, provided however, that any such revision meets all of the following criteria, I. Does not result in the need for additional funds: and. 2, Does not exceed ten pcrcent of the current total approved budget and the state funding exceeds 5 100.000: and. 3. Does not involve a transfer of funds from an authorized capital equipment purchase to another categon: and 4. Does not involve a transfer of funds from training to another expense category; and 5. Does not involve a transfer of funds from construction to a non-construction category; 6. Does not involve a transfer of funds from a direct to indirect cost category. If a proposed revision meets all of the criteria listed above. the Recipient must notify the State in writing before the revision is made. describing the revision. esplaining the need, and certifying that it complies with the above criteria. ARTICLE S. SUBCONTRACTS The Recipient shall not enter into any subcontract wi0t individuals or organizations to provide professional services without prior authorization and consent to the subcontract by the State. Subcontracts in e"-sss of $25.000 shall contain all required provisions of this Grant Agreemenr. No subcontract will rclsuve the Recipient of its responsibility under this Grant Agreement. •i,, • Recipient shall not enter into any agreement for the purchase of equipment without prior authorization and consent to the purchase agreement by the Stater ARTICLE 6. RETENTION OF RECORDS A. The Recip'ent agrees to maintain all documents. reports, papers, accounting records, and ' A other evidence pertaining to costs incurred under this agreement (the Records) at its office during I 0 0 the grant period and for four years from the date of final payment under the grant. Such records shall be made available during the specified period for inspection by the State, the U.S, Department of Transportation, the Office of the Inspector General, and any of their I I II 7 - W 11 ~f 75 l] 32X IO e ARTICLE 6. RETENTION OF RECORDS (cont.) authorized representatives for the purpose of making audits. examinations. excerpts, and transcriptions. Records for nonexpendable property acquired with Federal or State funds shall be retained for four years after final disposition of the property. ' t`. B. If any litigation, claim or audit is started before the expiration of the four year retention period, the Records shall be retained until all litigation. claim or audit finding involving the Records have been resolved. C. When records are transferred to or maintained by the federal or state sponsoring agency, the four year retention requirement is not applicable to the Recipient. D. The Recipient further agrees to include these provisions in each sutcontract. ARTICLE 7. SINGLE AUDIT REQUIREMENTS Recipient audit procedures shalt meet or exceed the single audit requir:ments outlined in Office of Management and Budget (O`vIB) publications as follows: % Audits of State and Local Government OMB Circular A•123 Audits of Institutions of Higher Education and other Nonprofit Institutions i u ar A•I?3 ARTICLE B. FINANCIAL MANAGEMENT SYSTEM The Recipient's financial management system shall meet or exceed the requirements of the "Uniform Administrative Requirements for Grants and Cooperative A-reements to State and Local Govemments" (49 CFR Part 1810). Those requirements incluJc. but are not limited to: A. Accurate, current and complete disclosure of the financial results of each grant program in accordance with State and Federal reporting requirements. B. Records which adequately identify the source and application of funds for granasupported activities, These recorLt shall contain information pertaining to grant awards and authorization obligations, commitments, assts, liabilities, outlays and income, C. Effective control over and accountability for all funds, property and other assets. The Recipient shall adequately safeguard all such assets and shall assure that they are used solely for authorized purposes, . D. Comparison of actual with budgeted amounts for each Grant Agreement, and relation of financial information to performance or productivity data, including the production of unit cost information, whenever appropriate and required by the State. i, E. Procedures for determining the eligibility for reimbursement and proper allocation of costs, 1 F. Accounting records which are supported by source documentation. 0 G. A systematic method to assure timely and appropriate resolution of audit findings and recommendations. I i 8 I I :?5 KI n. 32XIO , S r I l ARTICLE 9. PROCUREMENT STANDARDS E Recipient procurement standards shall meet or exceed the requirements of the " t: niform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" f49 CFR Part 18.361, including standards for competitive procurements: methods of procurement: contracting with small and minority firms. women's business enterprise and labor surplus area firms: contract cost and price: awarding agency review: insurance and bonding. fhe Recipient's procurement system must include but not be limited to the following { procurement stanaards. A. Procurement procedures which reflect applicable state and local laws and regulations, provided that the procurements conform to applicable federal law and the standards identified in this section. B. A contract administration system which ensures that subcontractors perform in accordance with the terms. conditions, and specifications of their contracts or purchase orders, C. A written code of standards of conduct governing the performance of employees engaged in the award and administration of contracts. \o employee, officer. or agency of the Recipient shall participate in selection or in the award or administration of a contract supported by state or federai funds if a conflict of interest, real or apparent. would be involved, D. A process for review of proposed procurements to avoid purchase of unnecessary or duplicative items. E. Use of state and local intergovernmental agreements for procurement or use of common goods and services to foster greater economy and efficiency. F. Use of value engineering clauses in contracts for construction projects. G. Awards made only to responsible contractors pussesing the ability to perform successfully under the terms and conditions of a proposed procurement. giving consideration to such matters as Recipient integntyr compliance with punlic policy. record of past performance. and financial and technical resources. H. Records sufficient to detail the significant history f a procurement. including rationale for the method of procurement, selection of contract type. Recipient selection or rejection. and the basis for the contract price_ 1. Limited use of time-and-materials contracts. J. Use of good administrative practice and sound business judgment to settle contractual and 1 administrative issues arising out of procurements. 1 K. Protest procedures to handle and resohe disputes relating to procurements and prompt disclosure to the State of information regarding the protest. i L. Procurement transactions conducted in a manner that provides full and open :c mpetition. p 9 10 32 Y.10 1 !r vg~ , 1 t 1 1 . r I 1 1 4 ARTICLE 10. REAL PROPERTY MANAGEMENT I' y t r,;; The Recipient will comply with management standards set forth in the "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" (49 CFR 1. 6': I r +YJ'" iST~nr ` I ww4' l 1. N 4 r~ I I ^I a j • r, 10 ~p ra I ~'1 5 lk,J 'a n y, ' E 10 I IN, ~,ltE } r x 11}+x,1 S/X I d 1 e 0 i ARTICLE II. EQUIPMENT \IANAGEbIENT (cont.i G. All vehi~',°s purchased under this Grant Agreement shall comply with the bus testing requirements set forth at 49 USC 5323(c) and 49 CFR 665. H. The Recipient shall not execute any lease, pledge, mortgage, lien or other contract touching or affecting the Federal or Slate interest in any project facility or equipment: nor shall the Recipient by any act or omission of any kind adversely affect the Federal or State interest or impair its continuing control over the use of project facilities or equipment. 1. The Recipient shall comply with requirements set forth at 49 USC 53230 ) and 49 CFR 663 regarding pre-award and post delivery audit requirements. ARTICLE 12. VEHICLE INSURANCE REQUIREMENTS (Revised) A. The Subrecipient shall maintain the insurance coverage specified below during the mire life of the vehicle and shall furnish proof of insurance to the State using a certificate of insurance acceptable to the Stale. B. The Subrecipicnt shall furnish comprehensive insurance coverage in an amount equal to the replacement cost of the vchicle. C, Buses designed to transport more than 15 passengers i including the drivers, but less than 26 passengers (not including the driven shall maintain the follosing minimum liability insurance coverage: Minimum coverage: Bodily Injury • $1,000,000 each person/each occurrence Property Damage • b1,000.000 each occurrence D. Buses designed to transport 26 passengers or more (not including the driver) shall maintain the following minimum liability insurance coverage. Minimum coverage: Bodily Injury • $5,000.000 per person/earh occurrence Property Damage • $5.000.000 each occurrence Texas Business Automobile Policy • Basic automobile liability is not an acceptable substitute for a Texas Business Automobile Polity or Comprehensive Automobile Liability insurance. This * insurance is to be endorsed a ith the State as an Additional Insured and endorsed with a Wainer l of Subrogation in favor of the State. E. Irrespective of coverage by insurance, unless otherwise approved in writing by the State, in the event of loss or damage to project property. whether by casualty or fire, the fair market value will be the value of the propery immediately before the casualty or fire. ` F, In the event of loss due to casualty or fire, straight line depreciation of the asset, based on the 4 industry standard for a useful life, shall be considered fair market value unless otherwise e approved by the State. 0 G. The Subrecipient shall notify the State i nmMiately of theft, wreck, vandalLsm or other destruction of project related facilities or equipment. t1 A 0 ARTICLE 10, REAL PROPERTY MANAGEMENT (cont.) Part !8.3 1) in the acquisition, use, and disposition of real property acquired under the gram, The State must concur in the award of all purchase orders for nonexpendable personal property as defined in 49 CFR Pan 18.31. ART ICLE 11, EQUIPMENT MANAGENIENT A. The Recipient will comply with State management standards and with management standards specified in the "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" (49 CFR Pan 18.32) in the control, use, and disposition of equipment acquired under this grant. Management standards include! I. Maintain equipment records that include a description of the equipment: a serial number or other identification number: the source of equipment: who holds title: the acquisition date and cost of the equipment: percentage of federal and state participation in the cost of the equipment; the location, use and condition of the equipment: maintenance history for ` each vehicle: and ultimate disposition data including the date of disposal and sale price. 3. Conduct a physical inventory of the equipment at least once every tsvo years and reconcile th Inv ' the entorY with equipment records described in the preceding paragraph. 3. Develop a control system to ensure adequate safeguards to prevent loss, damage, or theft of the equipment, Any loss. damage. or theft shall be investigated. 4. Develop and follow procedures to ke p the equipment maintained and in good condition. At a minimum. the Recipient shall follow the vehicle maintenance schedule recommended by the manufacturer, showing the date the maintenance was performed. Maintenance records shall be provided to the State upon request. 5. Request disposition instructions from the State, and if authorized to sell the equipment, use proper sales procc. ures to insure the highest possible retum. 11. The Recipient will comply with Title 43. Terri 4drnirtrxrralAe Code, §31 53, to protect the public in%cNiment in real properly and cuuipment purchased in whole or in part a ith state or federal funds. C. In the event that project equipment is not used in the proper manner or is withdrawn from public transportation services, the Recipient shall immediately notify the State. The State a reserves the right to direct the sale or transfer of property acgm, cd under this Grant Agreement upon determin,aion by*the State that said propcny has not been fully or properly used 1). When original or replacement equipment acquired under a grant is no longer needed for the original project or program or for other activities currently or previously supported by u federal or state agency, the Recipient shall contact the State to request authority to dispose of the equipment, and the State shall issue disposition instructions in accordance with 49 CFR 18.32. E. All vehicles purchased under this Grant Agreement shall comply with the Motor Vehicle Safety Standards established by the U.S. Department of Transport :don. p E, All vehicles purchased under this Grant Agreement shall comply with all federal motor vehicle antipollution requirements. i ~ 1Z - n n, 25,( 32XIO s 0 l ARTICLE 1 3. BUY AMERICA The Recipient agrees to comply with applicable Buy America requirements set forth in 49 U.S.C. 5323(j) and 49 CFR Part 661. ARTICLE 14. CARGO PREFERENCE The Recipient will comply with the cargo preference requirements set forth in 46 U.S.C. 1241 f and Maritime Administration regulations set forth in 46 CFR Part 381. ARTICLE 15. COORDINATION The Recipient w ill at all times coordinate the prosisiua of public transportation services with other transportation operators. both public and private, in the area. The Recipient will famish the State copies of any agreement resulting from such coordination. Agreements which authorize the payment of project funds to another emity are subject to the approval requirements described in Article 5. Subcontracts ARTICLE 16. LABOR PROTECTION PROVISIONS A. The Recipient agrees to undertake. carry Out and complete the project under the terms and conditions determined by the Secretan nl'the United States fhpartmertt of Labor to be fair and equitable to protect the interests of employees affected by the project and meeting the requirements of 49 U.S.C. 5333(b) The Recipient shall maintain documentation of compliance efforts to accordance -Aith retention and accessibility requirements set forth in Article 6. Retention of Records. B. The Recipient agrees to the comply u ith applicable transit employer protective requirements as required under the Transit Employee Protective Agreements as set forth under 49 U.S.C.45310. 65311. and q5333 and 29 CFR Part 215. ARTICLE 17. CHARTER AND SCHOOL BUS OPERATIONS A. Neither the Recipient nor any subcontractor acting on its behalf shall engage in charter bus Operations outside of the geographic area ssithin sshich it provides recularly scheduled public Iranspurtaiion sera ice. except as provided under 49 CF? Part 604 9. and regulations pertaining to Charter Service Operations set forth at 49 U,S C 93231 dI and 49 CFR Part 604. The Recipient shall furnish a copy of any agreement entered into under these regulations to the State no later than seven working days after the agreement is signed. B. Neither the Recipient nor any subcontractor acting on its behalf shall engage in school bus { operations exclusively for the transportation of students or school personnel in competition with private school bus operators, except as provided under 49 U.S.C. 5323(1) and 49 CFR Part 603, the Recipient shall furnish any agreement entered into under these regulations to the State no later than seven working days after the agreement is signed, h ARTICLE 18. MONITORING 1 40 A. The State viii monitor the progress of the project authorized in this agreement using O appropriate and necessary inspections, Including but not limited to periodic reports, physical inspection of project facilities. telephone conversations. letters. and conferences. i 13 ?r> 10 32XiO . e , 0 r i ARTICLE Ig. DIONITORIN'C (cont.) 8. The State shall monitor and conduct fiscal and/or program audits of the Recipient and its contractors to verify the extent of services provided under the terms of the Grant Agreement. Representatives of the State or Federal government shall have access to project facilities and records at all reasonable times. I C. The State and the U.S. Department of Transportation. and any authorized representative thereof. have the right at all reasonable times to inspect or otherwise evaluate the progress of the grant hereunder and the project premises. D. If any inspection or evaluation is made on the premises of the Recipient or a subcontractor, the Recipient shall provide and require the subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the project. ARTICLE 14. REPORTS A. The Recipient. shall submit written or electronic reports at intervals and in a format prescribed by the State. 1, Quarterly Operating Report • No later than IS working days after the end of the quarter for which the report is made. the Recipient shall submit an activity report to the State, At a minimum. the quarterly operating report will include the number of vehicles in operation: total one-way passenger trips: total miles traveled: total expenses. including administrative and operating expenses: revenue, including fares and donations. operating cost per vehicle mile: operating cost per pa.asengei trip; and number of passengers ncr mile traveled: The State may require more frequent operating reports for reasons of its own or if the Recipient does not provide the reports in a timely manner or if the reports indicate unfavorable trends 2: Status of Procurements • If the grant includes the purchase of vehicles or other capital : equipment. the Recipient shall submit a quarterly report consisting of a brief narrative f including but not limited to procurement milestones, including date of purchase order, vendor name and Location, and estimated delivery date. 3. Status of Construction • If the grant includes construction. the Recipient shall submit quarterly narrative reports which include but are not limited to the progress of construction. D. Regardless of the type of assistance included in the grant. the Recipient shall promptly advise the State in writing if at any tune the progress of the project will be negatively or positively impacted. Includinct; t C. Problems. dela; s or .{verse conditions that will materially affect the Recipient's ability to 0 attain program objectives. prevent the meeting of time schedules and goals, or preclude the i O attainment of project work units by established time periods. This disclosure shall be accompanied by a statement of the action taken, or contemplated, by the Recipient and any State assistance needed to resolve the situation: 14 M 32x~ 1 I 0 1 i ARTICLE 19. REPORTS(conal D. Favorable developments or events that will enable the Recipient to meet time schedules and goals sooner than anticipated or produce more work units than original iv projected. E. Every two years, or more frequently when instructed by the State, the Recipient shall conduct a physical inventory of grant-supported property as set forth in Article 11. Equipment Management, and furnish the State a copy of the inventory F. The Recipient shall develop performance goals and management objectives in accordance with Title 43, TexasAdminitrrarive Code, 431.36. G. The Recipient shall maintain written maintenance records for each grant-supported vehicle, and shall make such records available to the State upon request. As a minimum, the Recipient shall comply with the manufacturer's recommended maintenance schedule. ARTICLE 10. DISPUTES AND REMEDIES A. The Recipient shalt be responsible fcr the settlement of all contractual and administrative issues arising out of procurements entered in support of the ¢rant. B. Any dispute concerning the work hereunder, additional costs. or any other non-procurement issue shall be settled in accordance tsith Title 43. Tk~xas.ALlIttinirtrartte Code, $9.?. C. This agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. ARTICLE 21, TERMINATION A. The State may terminate this Grant Agreement at any time before the date of completion whenever it is determined that the Recipient has failed to comply with the conditions of the Grant Agreement The State shall give written notice to the Recipient at least thirty days prior to the effective date of termination and specify the effective date of termination, the reason for the termination, and other termination insiruuions B, If both panics to this Grant Agreement agree that the continuation of the grant would not produce beneficial results commensurate with the further expenditure of funds, the parties shall agree upon the termination conditions. including the effective date. In the event that both parties 1 agree that resumplion of the grant is warranted, a new Grant Agreement must be develop,;; Ind „ executed by both parties. . C. Either the State or the Recipient may terminate this agreement by giving notice in writing one to the other for reasons of its own and not subject to the approval of the other party, In the event of termination for convenience, neither the State nor the Recipient shall be subject to additional liability except as otherwise provided in this agreement D. Upon termination of this Grant Agreement, whether for cause or at the convenience of the 1 partio% hereto, tide to all property and equipment remains with the Recipient subject to the O obligations and conditions set forth in this Grant Agreement and 49 CFR 18,31 and 18.32, unless O O the state or federal funding agency issue disposition instructions to the contrary. I 1 1 15 25 32 X I O , t 1 ~ , { 1 5 n i i E ARTICLE 21. TERMINATION (cone.) I a E. In the event of termination. the State may compensate the Recipient for those eligible I expenses incurred during the grant period which are directly attributable to the completed portion 1 1 I ~I t 1 l I J^ I A,1 4 . FS J ~ Y'' 16 I a J~.,'. ~32 X I ~O s , 0 { ARTICLE 21. TERMINATION (cont.) of the grant covered by this Grant Agreement, provided that the grant has been completed in accordance with the terms of the Grant Agreement. The Recipient shall not incur new obligations for the terminated portion after the effective date of termination. F. Except w ith respect to defaults of subcontractors. the Recipient shall not be in default by reason of any failure in performance of this Grant Agreement in accordance with its terms (including any failure by the Recipient to progress in the performance of the work) if such failure i arises out of causes beyond the control and without the default or negligence of the Recipient. Such causes may include but are not limited to acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions. strikes, freight embargoes, and unusually severe weather. In every case, however, the failure to perform must be beyond the control and without the fault or negligence of the { Recipient. ARTICLE 22. NONDISCRIMINATION ON THE BASIS OF DISABILITY The Recipient agrees that no cnherMse qualified person w ith disability s) shall, solely by reason i of hisiher disability. he excluded from participation in. be denied the benefits of'. or otherwise be Subject to discrimination under the protect. The Recipient shall insure that all fixed facility construction or alteration and all new equipment included in the project comply with applicable regulations set forth at 49 CFR 27, Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance. and the Americans with Disabilities Act. ARTICLE 23 DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REQUIREMENTS A. It is the policy of the Department of Transportation that Minority Business Enterprises as defined in 41) CFR Part 23 shall have the maximum opportunity to plrticipate in the performance of contracts financed in whole or in part a ith Fedetul funds. Consequently, the Minority Business Entcrrrisc requirements of 49 CFR Part :3 apply to this Grant Agreement as follows: I, The Recipient and any subcontractor aarcex to insu,e that Minority Business Enterprises as defined in 49 CFR Pan 23 have Ike maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in pan with Federal funds. In this regard, the Recipient shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to insure that minority business enterprises have the 1 1 maximum opportunity to compete for and perform contracts. 2. The Recipient and any subcontractor shall not discriminate on the basis of race, color. national origin or sex in the award and performance of contracts funded in whole or in part with Federal funds, { 3. These requirements shall be physically included in any subcontract. I B. The percentage goal for Disadvantaged Business Enterprise participation in the activities to be O 1 performed under this Grant Agreement Is a minimum of 15% of the Grant Agreement dollars available for contracting opportunities as set forth in 49 CFR Part 23 and amended by Section 106(c) of the Surface Transportation Assistance Act of 1987, 17 w t,4, 2 5 x 10 32 x I❑ ARTICLE 23 DISADVANTAGED BUS1NESS ENTERPRISE PROGRAM REQUIREMENTS(cont.l C. Failure to can out the requirements set forth above shall constitute a breach of contract and. after the notification of the State. may result in termination of the Grant Agreement by the State or other such remedy as the State deems appropriate. ARTICLE 24. EQUAL EMPLOYMENT OPPORTUNITY The Recipient agrees to comply with Executive Order 11246 tided "Equal Employment Opportunity" as amended by Executive Order 1[ 375 and as supplemented in Department of Labor Regulations 41 CFR Part 60. ARTICLE 25. AFFIRMATIVE ACTION The Recipient warrants that affirmative action programs as required by the rules and regulations of the Secretary of Labor 41 CFR 60.1 and 60.2 have been developed and are on files ARTICLE 26. CLEAN AIR AND WATER If the Grant Agreement exceeds S 100,000, the Recipient will comply with all applicable standards. orders or requirements issued under Section 306 of the Clean Air Act 142 C.S.C. 7401 ct. seq.); Section 503 of the Clean Water Act 133 U.S.C. 136gt: Executive Order 11736: and Environmental Protection Agency regulations 140 CFR. Pan 15). The Recipient further agrees to report violations to the State. ARTICLE: 27. ENERGY EFFICIENCY The Recipient tivill recognise standards and policies relating to energy efficiency which may be contained in a State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (PL. 94.163), ARTICLE 28. SUBSTANCE ABUSE; A. "i he Recipient agrees to establish and implement a drug and alcohol testing program that complies with 49 CV R Pans 653 and 654, produce any documentation necessary to establish its compliance with Parts 653 and 654, and rermit any authorized represcntati~c of the U, S. Department of Transportation or the State to inspect the facilities. testing process, and records associated with the implementation of the drug and alcohol testing program as required under 49 CPR Pans 653 and 654. B. The Recipient will certify compliance with 49 CFR Pans 653 and 654 on or before September 1 of each year, using the certification form furnished by the State. C. The Recipient will submit required Management Information System (MIS) reports on or before February 15 each year using forms furnished by the State. ARTICLE 29. FEDERAL PRIVACY ACT f A. The Recipient will comply with and assures the compliance of its employees with the 0 ' information restrictions and other applicable requirements of the Privacy Act of 1974.5 USC 3552x. The Recipient will not operate a system of records on behalf of the federal government without the express consent of the State and Federal Government . The Recipient understands that the requirements of the Privacy Act. including the civil and criminal penalties for violation IB We P11a;`111 01 ~ 4 21-) x fry 32XI❑ d 0 i i ARTICLE 29. FEDERAL PRIVACY ACT(cont.) of that Ac:, apply to those individuals involved. and that failure to comply with the terms of the Privacy Act may result in termination vf the underlying Grant Agreement. B. The Recipient also agrees to include these requirements in each subcontract to administer any ` system of records on behalf of the federal government financed in whole or in part with federal assistance provided by FTA. ARTICLE 30. PROHIBITED ACTIVITIES A. Neither the Recipient no,, any subcontractor shall use federal or state assistance funds for publicity or propaganda purposes designed to support or defeat legislation pending before Congress or the Texas Legislature, B. No member of or delegate to the Congress of the United States shall be admitted to any share or pan of this Grant Agreement or to any benefit arising therefrom. C. No member, officer or employee of the Recipient during his tenure or one year thereafter shall have anv interest, direct or indirect, in this Grant Agreerncnt or the proceeds thereof, D. Texas Transportation Commission policy mandates that employees of the Texas Department of Transponation (TKDO'T) shall not accept any benefits, gifts or favors from any Person doing business or se no reasonably speaking may do business with the State under this Grant Agreement, The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of TxDOT's Executive Director. Any persons doing business with or who may reasonably speaking do business with the State under this Grant Agreement may not make any offer of benefits, gifts or favors to TxDOT employees. except as mentioned here above. Failure on the past of the Recipient to adhere to this policy may result in the termination cf this Grant Agreement. E. The Recipient will comply with Tezar Goverrunew Cude. Chapter 373, by insuring that no officer, employee or member of the Recipient's governing board or of the Recipient's contractors or subcontractors shall vote or confirm the employ ment of any person related within the second degree by affinity or third degree by consai.guinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person, This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years prior to the election or appointment o" the officer, employee, governing body member related to such perscn in the prohibited degree. j i • ARTICLE 31. PUBLIC INFORMATION . i The Recipient will insure that all information collected, assembled or maintained by the applicant k relative to this project shall be available to the public during normal business ho,:rs in ; compliance with Texas Government Code. Chapter 551 uniess uther%k se expre,,ely provided by f law. • ARTICLE 32. OPEN MEETINGS ~ O le, The Recipient will comply with Tit-t Gow rnmenr Cole, Chapter 552. which requires all jl regular, special or called meetings of gwerumental bodies to be open to the public, except as otherwise provided by law or specifica.ty ptrmitted in the Texas Constitut'.on, 19 - ~y ~U 32X e 0 ARTICLE 33. INDEMNIFICATION A. The Recipient shall indemnify and save harmless the State from all claims and liability due to activities of its agents, employees or volunteers performed under this agreement and which result from an error, omission or negligent act of the Recipient or of any person employed by the Recipient. H. The Recipient shall also save harmless the State from any and all expenses, including attorney fees, which might be incurred by the State in litigation or otherwise resisting said claim or liabilities which might be imposed on the State as a result of activities by the Recipient. its agents, employees or volunteers. C. The Recipient agrees to protect, indemnify, and save harmless the State from and against all claims, demands and causes of action of every kind and character brought by any volunteer or employee of the Recipient against the State due to personal injuries and/or death to such employee resulting from any alleged negligent act, by either commission or omission on the part of the Recipient or the State. D, The Recipient acknowledges that 0 is not an agent, servant or employee of the State and that it is responsible for its own acts and deeds and for those of its ager.,s. employees or volunteers during the performance of the Grant Agreement. ARTICLE 34. INTELLECTUAL PROPERTY RIGHTS If any invention, improvement or JAcovery of the Recipitnt or any of its subcontractors is conceived or first actually reduced to practice in the course of or under this grant, which invention, improvement or dis-:overy may be patentable under the Patent Laws of the United States of America or any foreign country: and if said invention, improvement or discovery has not already become the property of the State, the Recipient shall immediately notify the State and provide a detailed report. The rights and responsibilities of the State, the Recipient, any subcontractor and the United States Government with respect to such invention will be determined in accordance with applicable laws, regulations. policies and any waivers thereof. Further, the Recipient shall comply with the provisions of S 1 CFR, Part 1.9. The State and the U.S. Department of Transportation shall have the royalty free. non-exclusive and irrevocable right to reproduce. publish or otherwise use, and to authorize others to use the work for government purposes. ARTICLE 3$. COMPLIANCE WITH LAWS The Recipient shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations. and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this grant, including without limitation workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Recipient shall furnish the State with satisfactcny proof of compliance therewith, ARTICLE 36. NONCOLLUSION O The Recipient warrants that it has not employed or retained any company or person, other than a bona fide employee working for the firm, to solicit or secure this grant, and that it has not paid or agreed to pay any company or person, other than a bona tide employee. any fee, commission, 20 - - ?Ei 10 32x14 ti u . i ARTICLE 36. NONCOLLUSION (coot.) F percen-age, brokerage fee, gift or any other consideration contingent upon or resulting from the award or making of this grant. If the Recipient breaches or violates this warranty, the State shall have the right to annul this agreement without liability or, in its discretion, to deduct from the grant price or consideration. or otherwise recover. the full amount of such fee. commission, brokerage fee. gift, or contingent fee. ` ARTICLE 37. RESTRICTIONS ON LOBBYING Pursuant to Section 31 US C. 1332.49 CFR Pan 19 and 49 CFR Part 20. Contractors who apply or bid for an award of S 100.000 or more shall file the certification required by 49 CFR Part 20 which generally prohibits recipients of federal funds from using those monies for lobbying purposes. When applicable, the Recipient will furnish the State the required certification. ARTICLE 38. SUSPENSION AND DEBARMENT The terms of the Department of Transportation regulation. 'Suspension and Debarment of Participants in DOT Financial Assistance Programs." set forth in Etecutive Order 1:349 and implemented by 49 CFR Part 29, are applicable to this Grant Agreement. Furthermore, any Recipient employed by the Recipient is also bound by the terms of 49 CFR Part 29 and must complete a Lower Tier Participant Debarment Certification. The Recipient warrants that the debarment certification furnished as part of the application is current and valid. ARTICLE 39, NONDISCRIMINATION The Recipient shall comply with the nondiscrimination provision attached hereto and labeled Attachment C, Nondiscrimination. ARTICLE 40. DELINQUENT TAX CERTIFICATION Pursuant to Article 2.45 of the Business Corporation Act, Texas Civil Statutes, which prohibits the State from awarding a contract to a corporation that is delinquent in paying taxes under Chapier 171. Tax Code• the Recipient hereby certifies that it is not delinquent in its Texas frrinchise tat paytnents, or that it is exempt from or not subject to such tax. A false statement concerning the Recipient's franchise tax status shall constitute ;rounds for cancellation of the Grant Agreement at the sole option of the State. ARTICLE 41. PROGRAM INCOME A. Except for income from royalties and proceeds from the sale of real property or equipment. the Recipient shall retain program income and apply such income to allowable capital or operating expenses. Program income from royalties and proceeds from sale of real property or equipment shall be handled as specified in 49 CFR 18.34 (Copyrights), 49 CFR i8 31 IReal Property) and 49 CFR 18.32 (Equipment). f B. The Recipient shall comply with standards governing the receipt and application of program income as set forth in 49 CFR 13 23. Program Income. Program income means gross Income received by the Recipient directly generated by a grant supported activity, or earned only as a tD • result of this Grant Agreement during the time period specified in Article 1. Grant Period. 21 ~~~s<10 32XIO • 0 1 r 1 ARTICLE 41, PROGRAM INCOMEfcont.l C. Program income includes income from fees for servicas performed, from the use or rental of real or personal property acquired with grant funds, from the sale of commodities or items fabricated under a Grant Agreement, and from payments of principal and interest on loans made j with grant funds. Except as otherwise provided in federal regulations, program income does not ! include grant funds, rebates, credits, discounts, refunds, and the interest earned on any of these receipts. ARTICLE 42. SUCCESSORS AND ASSIGNS j The Recipient binds himself. his successors, assigns, executors and administrators in respect to all covenants of this agreement. The Recipient shall not sign, sublet or transfer his interest in this agreement without the written consent of the State. ARTICLE 43. LEGAL 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, such invalidity, illegality orunenforr eability shall not affect any other provision thereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 44. CHANGES IN FEDERAL REGULATION'S As a recipient of federat funds, the Recipient is required to comply %Rh ail applicable FTA regulations, policies, procedures and directives including without limitation those listed directly or by reference in the agreement IForn. Fl'A,MA 01 dated October, 19931 between Purchaser and FfA . as they may be amended or promulgated from time to time during the term of this Grant Agreement. Recipient's failure to so comply shall constitute a material breach of this Grant Agreement, ARTICLE 45. PRIOR AGREEMENTS This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the public transportation grant specifically authorized and funded under this agreement. ARTICLES 46. INCORPORATION OF FEDERAL REQUIREMENTS This Grant Agreement includes terms and conditions required by the U.S, Department of n Transportation. All contractual provisions required by the U.S, Department of Transportation, as set forth in FTA Circular 4220.11), dated April 15. 1996, ire hereby incorporated by reference. Notwithstanding anything herein to the contrary and except as provided in State law, all FTA mandated terms shall be deemed to control in the event of a cunflict with other provisions contained in this agurement. The Recipient shall 10t perform any act. fail to perform any act, or refuse to comply with any State request which would cause the State to be in violation of federal terms and conditions or ~ state law. o n 22 I 10 32 I❑ • O I ARTICLE 47. SPECIAL PROVISIONS FOR CONSTRUCTION AND REPAIR I A. Work Hours and Safety Standards Act The Recipient agrees to comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. Pan 327.330) as supplemented by Department of Labor regulations 129 CFR. Pan 5). B. Copeland "And-Kickback" Act G The Recipient agrees to comply with the Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations t29CFR, Part 3), C. DAvis•Bacon Act i The Recipient agrees to comply with the provisions of the Davis-Bacon Act (40 U.S,C. 276a- 276a-3) as supplemented by Department of Labor regulations 129 CFR. Part 5). D. Relocation and Land Acquisition The terms of the U.S. Department of Transportation regulations " Uniform Relocation aid Real Property Acquisition for Federal and Federally Assisted Programs" 49 CFR Part 25 are applicable to this Grant Agreement. E. Insurance and Bonding The Recipient shall comply with insurance and bonding requirements as established in 49 Clyt Part 18. F. Signs The Recipient shall cause to be erected at the site of construction, and maintained during construction, signs satisfactory to the State and the U. S. Department of Transportation identifying the project and indicating that the Government Is participating in the development of the project. G. Sc srnic Safety The Recipient agrees that any new building or addition to an existing bui,ding will be designed f and constructed in accordance with the standards for Seismic Safely required in U.S. Department of Transportation. Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The Recipient also agrees to ensure that all work performed ; under this Grant Agreement including work performed by a subcontractor is in compliance with the standards required by the S:ismic Safety Regulations and the certificatlon of compliance issued on the project. t 23 r,,~;rjss ',r 25 10 '.3 32XIO i I I 1 , ' I 1 1 'Y ARTICLE 49. SIGNATORY WARRANTY The undetsigned signatory for the Recipient hereby represents and warrants that he/she is an officer of the organization for which he/she has executed this agreement and that he/she has full and complete authority to enter into this agreement on behalf of the organization. s - IN TESTIMONY WHEREOF. the parties hereto have caused these presents to be executed in duplicate counterparts, + THE STATE OF TEXAS II Certified as being executed for the purpose and effect of activating and/or carrying out the orders. r, established policies, or work programs heretofore approved and authorized by the Texas Transportation Commission under the authority of Minute Order 107220. By: District Engineer; Jay R. Nelson District Dallas Date; RECIPIENT By: The City Of Denton Date, ,I I j Typed or Printed Name and Title i t1Yf' 24 H; 32x1 u ar®Ilr } 1 ~ 1 1 amaso . .r.e ~ .+YSaY w'4~N••sMn,~6nr pY,\WWMNYSMTRY+•Y•a •~.Y~r..~. ~ 1 E ATTACHMENT A 6 B PUBLIC TRANSPORTATION FUNDING FY 1999 FEDERAL STATA )CAL TOTAL CAPITAL $212,080 $ 0 $126,900 $338,980 OPERATING $430,000 $117,255 $0 $547,255 TOTAL $642,080 $1171255 $126,900 $886,235 ru o- , 1 ry ♦ I t, I 'I Q 25 u I , I r AWW" Q r .W~M %g(nda Itt/ _ _ Oa'e__I! r ~ _ AGENDA INFORMATION SHEET AGENDA DATE: August 4, 1998 DEPARTMENT: Transportation CAI/DCM/ACM: Rick Svchla, Deputy City Manager SUBJECT: AN ORDINANCE AUTHORIZING THE CITE MANAGER TO FILE AN APPLICATION WITH AND TO EXECUTE A GRANT AND SUBSEQUENT AMENDMENTS WITH TI IE U.S. DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMINISTRATION FOR PROJECT NO. 1X•90-X446, A GRANT FOR FUNDING PUBLIC 1RANSPORTATION AS AU'l IiORIZEDBY 49 U.S.C. §5307; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND: I he City of Denton provides public transportation services in the Denton urbanized area to the general public and disabled persons on the Denton Public Transit System. The transit system is operated by SPAN (Services Program for Aging Needs) who provides both fixed route and demand response s.rvices six days a week. Funding for the transit service is provided in past by the Federal Transit Administration (FTA), the Texas Department of Transportation, and the City of Denton 1 he subject ordinance requests authorization for the City Manager to file a grant application in the amount of $430,000 with the PTA and to execute the grant upon final award. In the latest federal register, Congress appropriated public transportation funds for the City of Denton in the maximum amount of 5430,000 and staff proposes to utilize these funds to operate the fixed route and demand response service through October 1999. A, ES1IMATE1) 50 1EDULE OF PROJECT; Application for these funds will be submitted following Council approval and award is expected from the PTA within thirty days of submission. Funds awarded in this grant will be used to operate the public transit system from the date of final execution (approximately August 31, q 1998) through October 1999, l 32 10 LLL i T w r 0 4 r 1 i . i ~ t PRIOR ACTION I gE= tCouna Boards. Commhaioosl: Bone FISCAL INFORMATION: These fiords will be available at an 80/20 (80% federal / 20% local) match. Mlatclting funds for this grant will come from the Texas Department of Transportation. i. t, EXHIBITS' Proposed Ordinance ' Res bmltted S : RrClr Deputy City Manager ' Prepared by. Veronica S. Roles Public Transportation Coordinator G I 1 4, 1 € 2 'e. 26 X IO 32X s , 0 ORDINANCE. N0. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO FILE AN APPLICATION WITH AND TO EXECUTE A GRANTAND SUBSEQUFNT AMENDMENTS WITH THE U.S. DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMINISTRATION FOR PROJECT NO. TX-90-X446, A GRANT FOR FUNDING PUBLIC TRANSPORTATION AS AUTHORIZF.DBY 49 U.S.C. §5307; AND PROVIDING AN EFFECTIVE DATE, WHEREAS, the Secretary of Transportation is authorized to award grants for a mass transportation program of projects and budget; and WHEREAS, the City has been advised by the U.S. Department of Transportation Federal Transit Administration that Congress has adopted a maximum of $430,000 for an urbanized grant authorized by 49 U.S.C. §5307 for the City of Denton and has requested the City to apply for the Grant Agreement; and WHEREAS, the Grant Agreement, which incorporates the Federal Transit Administration's Master Agreement, if approved, wi ll impose certain obligations upon the applicant, such as the City of Denton, including the provision by it of the local share of the project costs in the program; and %%ri]F.RF.AS, the U.S. Department of Transportation requires, in accordance with the provisions of Titles VI and VII of the Civil Rights Act of 1964, as amended, that the applicant give an assurance that it trill comply with l itle VI of the Civil Rights Act of 1964 and the Department of Transportation requirements thereunder; and WHFREAS, it is the goal of the applicant that disadvantaged business enterprises be utilized to the fullest extent possible in connection with the project, and that definite procedures shall be established and administeredto ensure that disadvantaged businesses shall have maximum construction contracts, supplies, equipment, contracts, or consultant altd other services; NOW, 11IEREFORE, 'I11E COUNCIL OF 1 HE CI iY OF DENTON HEREBY ORDAINS: SEC'HON I. that the City Manager is authorized to file an application with and to execute a gran and subsequent amendments on behalf of the City of Denton, Texas, with the U.S. Department of Transportation, relating to Project No. 1 X-90-X446 to aid in the financing of operating assistance for public transportation pursuant to 49 U.S.C. §5307. The City Manager, however, is not authorized to amend the grant by more than the amount authorized by Chapter 10 r • of the Code of Ordinanccsof the City of Denton, Texas. 0 • SEC I ION 11, That the City Manager is authorized to execute and file an assurance or any ~ other document required by the U.S. Department of Transportation effectuating the purpose of Titles VI and VII of the Civil Rights Act of 1964. 3 32 X jf 7 i • II.FtM'W.O~~u~gJetsRl'19hN MF1Y i 1 SECTION 111: That the City Manager or his designee is authorized to furnish such rdditional information, assurances, or certifications as the U.S. Department of Transportation may require in connection with the program of projects. SECTION IV, That the City Manager is authorized to set forth and execute disadvantaged business enterprise policies in connection with the program of projects and budget agreement required by the Grant, j. SECTION V. That the City Manager is authorized to execute a grant agreement, in substantially the form of the attached Grant Agreement, which is incorporated as a part of this a ordinance, along with any other agreement documents necessary to secure the grant on behalf of the City of Denton, Texas with the U.S. Department of Transportation for aid in the financing of the i` capital, and operating assistance program of projects and budget, and to expend the necessary funds as may be required by the condition of the grant. f SECTION VI. That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of 1998, JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY i APPROVED AS TO LEGAL FORM: HERBERT L: PROUTY, CITY ATTORNEY l i I i i I 4 and e 7:7 X' 32 X 1 0 a 4! •1 ER ~ MOO" ' O V 1 , r Y::.• n e r.:iae.i _ ,i" . ' :,.Ii.4. t..., .i.i4T'Y'Fk,. n.ny s • aw.....:...tnmurv i..,.... • , i AyOda No. q0 - Apnn1a Item Cate _ RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS APPOINTING MICHAEL JEZ AS I CITY MANAGER FOR THE CITY OF DENTON; AUTHORIZING THE MAYOR TO f EXECUTE AN AGREEMENT FOR HIS TERMS OF EMPLOYMENT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Section 2.08 and Section 5.02 of the Charter of the City of Denton authorize the City Council to appoint a City Manager, and WHEREAS, Article V, Section 5.02 of the Charter authorizes Council to set the compensation for the City Manager. r THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That Michael Jez is hereby appointed as City Manager of the City of Denton, Texas, effective on Scptember 9, 1998, SECTION II. That the Mayor is authorized to execute an agreement with Michael Jez, providing for substantially the same terms of employment as provided in the attached agreement, a copy of which is attached hereto and incorporated by reference herein. r I SECTION 111. That this resoiulion shall become effective immediately upon its passage and j approval. 1 PASSED AND APPROVED this the _ day of 1998, 'I i JACK MILLER, MAYOR r E I ATTEST: JENNIFER WALTERS, CITY SECRETARY ' BY: _ i i , APPROVED AS TO LEGAL FORM: UTY, CITY TT'ORNEY O HERBERT L;eR~ BY: /dnddmlOlM n.n„n.#mMUn /n+eMmae G ~5) 32XIO 1 won" 0 "am STATE OF TEXAS § 1 COUNTY OF DENTON § EMPLOYSIENT AGRE ENIENT TInS AGREEMENT, made and entered into this , day of 1998, by and between the City of Denton. Texas, a municipal corporation of the State of Texas, hereinafter referred to as "City" and Michael Jez. WITNESSETH: 1. The City Council of the City of Denton hereby engages the employment services of Michael Jez as City Manager of the City of Denton, Texas, to perform the functions and duties specified in the City Charier, the City Code, and the laws of the State of Texas, and to perform such other legally permissible and proper duties and functions as the City Council shall from time to time assign (Exhibit "A" - Job Descript+on.) Michael Jez shall assume the duties of City Manager on September 9, 1998 and will serve as Acting City Manager in the absence of the current City Manager, Teodoro Benavides, until that date, 2a. The City Council agrees to pay for his services at the initial salary of SI 15,000 per year, or monthly base salary of S9,583.33 (555.29 per hour) payable in installments at the same time as other employees of the City are paid. In addition to the above salary, the Council will make an annum payment (at 4°10 of annual compensation) to the International City Management Association Retirement Corporation (ICMA•RQ on his behalf For the 1997• 98 budget year, the payment will be prorated over the number of weeks from his employment date The City will also provide the City Manager a car allowance of $6,000 per year. 2b. The City Council agrees to pay for the benefits program of Michael Jez. These benefits include health insurance, life insurance, long-term disability insurance, retirement under the Texas Municipal Retirement System, and other benefits as provided to other Council appointees of the City. 3. An annual performance review will be conducted b,r the City Council during the time set aside each year for other executive appointers. City- Council agrees to increase said base salary, fringe, or other benefits in such amounts and m such an extent as the City Council may determine within the approved budge, The City Council may determine than it is desirable to adjust salary on the basis of the annual performance review made at the same time as similar consideration is given to other Council appointees 4a. It is recognized that the City Manager must devrote a great deal of his time outside normal 0 office hours to business of the City, and in consideration of that responsibility, the City 0 Manager will be allowed to take compensatory time off as he sh dl deem appropriate during said normal office hours, The City Manager shall be able to participate in teaching, :~i consulting, or other non-City connected business, including the teaching of eight seminars for Sam I louston State University in 1999, without the prior approval of the City Council, provided that this does not conflict or interfere with his duties as City Manager. Page i w 0 1 4b. The City Council hereby agrees to budget and pay the travel and subsistence expenses of the City Manager for professional and official development and to adequately pursue necessary official and other functions for the City. 4c. The City Council also agrees to budget and pay (with the approval of the annual budget) for the travel and subsistence expenses of the City Manager for short courses, institutes, and seminars that are necessary for his professional development and for the good of the City of Denton, 4d. The City Council agrees to budget and pay (with the approval of the annual budge'.) the professional dues and subscriptions of the City Manager necessary for his continuation and full participation, including the holding of responsible offices in national, regional, state, and local associations and organizations necessary and desirable for his continued professional participation growth, and advancement, and for the good of the City of Denton. This includes allowing Michael Jez to maintain his active peace officer status and allowing him to do the required training to maintain this status. 5a. Before voluntarily resigning his position the City Manager agrees to give the City Council at least thirty (30) days notice in writing of his intention to resign, stating the reasons therefor. 5b. The City Manager serves at the will and pleasure of the City Council. In the event of his involuntary separation as City Manager, he shall be entitled to receive a lump sum payment equal to six months aggregated salary; provided, however, that in the event of his termination because of his conviction for any offense involving moral turpitude or an illegal act involving personal gain to him, or as provided in Section 87,013 of the Local Government Code any act of incompetency, official misconduct, or intoxication on or off duty .aused by drinking an alcoholic beverage; then, in those events, the City shall have no obligation to pay the aggregate severance sum designated herein. Sc. Involuntary separation as used in this paragraph means. (1) his discharge or dismissal by the City Council; or (2) his resignation following a reduction in salary or other financial benefits of the City Manager in a greater percentage than an applicable across-the-board reduction for all City employees; or (3) in the event the City refuses, following a written • notice, to comply with any other provision benefiting the City Manager herein; or (4) the City Manager resigns, following a suggestion whether formal or informal, by the city Council that he resign. Then, in the event of one of these occurrences listed above, the City Manager may, at his option, be deemed "terminated" at the date of such reduction in pay or such refusal to comply within the meaning and context of the herein severance pay provision 6. All provisions of the City Charter, City Code, and Rules and R,gulations of the City adopted by the City Council relating to vacation and sick leave, retirement and pension system contributions, holidays, and other fringe benefits and working conditions as they now exist or hereafler may be amended, shall apply to the City Manager as they would to ' Page 2 O r , i i other employees of the City, in addition to said benefits enumerated specifically for the h benefit of the City Manager, except as provided herein. The City Manager shall be entitled to receive the same vacation and sick leave benefits as are accorded other City Council appointees, and these benefits shall continue to accrue at the rate of accrual for employees with his same length of service, including provisions governing accrual and payment therefor on termination of employment. 7, This Agreement shall be effective commencing September 4, 1998, and shall continue until a' terminated by either party as provided herein. t I' IN WITNESS WHEREOF, the City has caused this Agreement to be signed in its name by the Mayor, and its corporate seal to be hereunto affixed and attested by its City Secretary, and the Mayor has hereunto set his hand and seal the day and year first above written. CITY MANAGER CITY OF DENTON, TEXAS BY: Michael Jez Jack Miller, Mayor ATTEST: ' Jennifer Walters, City Secretary l BY. APPROVED AS TO LEGAL FORM: Herbert L• Prouty, City Attorney t BY r M,~ratm'ta.,a, a-..,.~„rw,..•:a,,, «wrnar~ a,s.n i V ~ ~ ' Page 3 „ ~ Y y ~ 28 Y I D 32X I0 xwaade APPROVAL DATE: k REVISION DATES PAY GRADES f DEPARTMENT: General Government DIVISION: General Govt JOB TITLES -City Manager JOE NUMBERS JNl0 TITLE OP IMMEDIATE SUPERVISORS City Council I '.J €k MAJOR DUTIES: o Enforces and administers the provisions of the City Charter, City Ordinances, laws governing municipalities, and City Council. o Plans, coordinates, and directs the work of city departments, Including City owned utilities, through delegation of authority and responsibility to executive directors and department directors, o Attends regularly scheduled and special meetings and participates actively In discussion of matters coming before the City Council and recommends legislation and policies required in the public Interest. o Negotiates and recommends awards of contracts for materials, equipment, and services. o Meets with directors and department heads to produce departmental budget estimates, proposes an annual budget for the City with balanced revenues and expenditures. o Represents the City In ■ variety of meetings and public functions. o Appoints department heads, subordinate officers, employees and to the final reviewing authority on the termination of classified employees. o Meets with various subordinates Individually and as a group to resolve organisational problems and coordinate departmental work programs. o Prepares or coordinates preparation of all background material in connection with Council meetings) attends and represents staff at all esesions. o Reviews proposed budgets with the executive stattl makes recommendations and presentations of budget items to Council and conducts budget work sessions. o Moots personally with or receives phone calls from .a tlssns who desire a Information or have a complalntl investigates an! ensures adequate ' responses. Reviews mall and proposes appropriate responses. O ' o Meads the Executive Committee, which addresses problem-solving issues related to the municipalityl facilitates problem resolutions) initiates and approves policies. Mercer/AAA017E9 . i 1 / 1 r 1 1 ~ L 1 1 I 1 1 ,fir ~ ' C r 1 /v t l M1 . EXECUTIVE SECRETARY SO CITY MANACEq Revisedf Paa• 2 of ] _ o Ensures that executive directors motivate their subordinate departments and divisions to the highest level of performances condu,:ts annual reviews executive directors subordinate supervisors' and managars' appraisals. o Makes major changse in the structure, methods, procedures and work flows of city departments to reflect changes in mission, operational demands i' and relationships among departmental units. I o Responsible for coordinating the short-range, long-range and strategic planning of all city departments. o Coordinates the activities of City government with other government agencies and performs other related duties as required. o Performs related duties as assigned by the City Council. ~ MINIMUM 4QAiI[ICATIONSt o Five-eight years of strong experience as a city manager, assistant city „ ' manager or deputy city manager. o Master's degree in public administration, business administration or related field. o Valid Texas class ^C' driver's license. N I i I ~ r I f I I I 7 Forcer/AAA01799 x32 x D r o i WOW" • r u Agenda BOARDS/COMMISSION NOMINATIONS Date- veii 9---- AIRPORT ADVISORY BOARD Dist Cur. ent Member Nomination Term Council ' 7 Terry Garland Terry Garland 1996-95 Mdyor f - _ A roved 7/21198 3 Ann Houston Ann Houston 19%-98 Cochran Approved 7/21/98 **4 James Jamieson 1996-98 Kristoferson S Jim Risser Ronald Keaton 1996.98 Beasley A roved 7121198 ANIMAL SHELTER ADVISORY BOARD Dist Current Nfember Nomination Term Council 2 Joel la Orr Joelia Orr 1996-98 Durrance A roved 7!21198 5 Mary Bendzick Phyllis Flott 1996-98 Beasley Approved 7128/98 **6 Amanda Casey 1996-96 Burroughs BOARD OF ADJUSTMENT _ Dist Current Member Nomination Term Council 5 Bob Manning Bob Manning 1996-98 Beasley Approved 7/21/98 , .l 3 Greg Mrdrhead (ALT) Greg Muirhead 1996.98 Cochran 1 Approved 7/21!98 I 4 Joe Bendzick (ALT) Joe Bendzick 1996.98 Kristoferson Approved 7128198 2 Larry Collistcr Larry Collister 1996-98 Durrance <4 Approved 1121198 NOTE: Shading indicates nominations requiring vote indicates nomination required i x , 1it • x 0 32 x I D Ng 1 • I , :aaasen r BUILDING CODE BOARD Dist Current Member Nomination Term Council 3 Bob Hagemann Bob Hagemann 1996-98 Cochran Approved 7/21!98 4 Bryon Woods Bryon Woods 1996-98 Kristoferson i_ Approved 7/28M 5 Henry Rife Henry Rife 1996.98 Bewley Approved 7/21/98 6 Alan Nelson Alan Nelson 1996.98 z;aaoughs i Approved 7/21/98 i 7 Ken Dobias Ken Dobias 1996-98 Mayor Approved 7/21/96 CABLE TV ADVISORY BOARD Dist Current Member Nomination Tenn Council I L. T. Hensley L.T. Hensley 1996.98 Young Approved 7/28/98 •02 Richard Rodean 1996.98 Durrance 3 Juanita John;on John Enlow 1996-98 Cochran Approved 7/21N8 4 Julia Klinck Julia Klinck 1996-98 Kristoferson Approved 7/21/98 CIVIL SERVICE COMMISSION Seat Current Memu r~ Nomination Term CM Jana Bates Jana Bates 1996-98 City Isingr. COMMUNITY DEVELOPMENT ADVISORY COMMITTEE Dist Current Member Nomination Tenn Council • 5 Jean Hinojosa Sergio Shearer 1996-98 Beasley A_o roved 7/28/98 6 Peggy Fox BerbaraStinnett 1996.98 Burroughs Approved 7/28/98 7 Jean Ellen Rogers Jean Ellen Rogers 1996.98 Mayor l' • _ A ro,rcd 7/21198 • • 3 Kimberly Franklin Son&-& Ferrri 1996-08 Cochran Approved 7/21!98 5 Ann Hatch Ann Hatch 1996-98 Beasley Approved 7/21198 f T r 32x10 0 M I DENTON HOUSING AUTHORITY Seat Current Member Nomination Term 7 Tony Soto Tony Soto 1996-98 Miller I 7 Bob Crouch Bob Crouch 1996-98 Miller DOWNTOWN DEVELOPMENT ADVISORY BOARD Dist Current Member Nomination Term Council 3 George Goen George Goen 1996-98 Cochran A roved 7/21198 4 Joanna Deonath Joanna Deonath 1996-98 Krisloferson A roved 7/28/98 5 Joy Williams Elizabeth Shearer 1996-98 Beasley A roved 7128/98 6 Michael Monticino Michael Monticino 1996.98 Burroughs A roved 7128/98 7 Belle Sherman Bette Sherman 1996-98 Mayor A p~roved 7/21/98 1 Vacant (Resigned) Jim Griffin 1997.99 Young Approved 7/28198 ELECTRICAL. CODE BOARD _ Dist Current Member Nomination Term Council "3 John W. Ilardingcr 1996-98 Cochran (Master Electrician) 0"4 Fr-l Harper 1996-98 Kristoferson I Robert L. Hicks Raymond Redmon 1996.98 Young 5 Salty Rishel Scott Richter 1996-98 Bcastey ~ k HISTORIC LANDMARK COMMISSION _ Dist Current Member Nomination Term Council ` 3 Diane Ricks Diane Ricks 1996-98 Cochran Approved 7121/98 O 7 Peggy Norton Peggy Norton 1996-98 Mayor A roved 1121/98 2 Jim Kirkpatrick Jim Kirkpatrick 1996-98 Duff ance Approved 7/21198 is 32do r, Wow" o , . HUMAN SERVICES ADVISORY COMMITTEE Dist Current Member Nomination Term Council 4 Vacant (Resigned) Lynn Ebersole 1997-98 Kristoferson Approved V21,'8 6 Fran Moore Fran Moore 1996-98 Burroughs Approved 7128/98 7 Carol Brantley Carol Brantley 1996-98 Mayor Approved 7121/96 0*2 Charles Saunders 1996-96 Durrance 4 Wallace Duvall Wallace Duvall 1996-98 Kristoferson Approved 7111/98 KEEP DENTON BEAUTIFUL BOARD Dist Current Member Nomination Term Council I Lam Mullen 1onadtamWlliams 1996.98 2 r Saro Sattrrdertl Lee Hipple 199Fr98 t l rq r 6 Beth Clark Jean Greenlaw 1996.98 Burroughs _ Approved 7/28198 7 Vera Laney Jean Hgajooa 1994-98 M . ' 3 ' Vacant (Resigned) Joe Schareberg I99d-98 6cbfad 4 DccDee Scott Dee Dee Scott 1996.98 Kristoferson Approved 7/21/98 I LIBRARY BOARD i Dist Currcn1 Member Nomination Term Council 7 Teresa Starrett Teresa Starrett 1996-98 Mayor A roved 7/21/98 3 Kathy Pole EvaCadwalladcr 19)6-98 Cochran j ! A roved 7128N6 *"4 Ema Ruth Russell 1996-98 Kristoferson ! PARKS AND RECREATION BOARD ! ! Dist Current Member Nomination Term_ Council { lk jo, 0 Annie Burroughs Dale Yeatts 1996-98 All I Approved 7/21198 0 Martha Garcia Martha Garcia 1996-98 All A roved 7/21/98 w i~ pale :7 x 4J 32x10 1 1 PLANNING AND ZONING COMMISSION Dist Current Member Nomination Term Council 3 Carol Ann Ganzer Sally Rishel 1996-98 Cochran Approved 7/28/98 S Ellen Hoover Schertz Jim Engelbrecht 1996-98 Beasley Approved 7/28/98 6 Jim Engel brecht Carol Ann Ganzer 1996.98 Burroughs Approved 7/28/98 ii PLUMBING AND MECHANICAI. CODE BOARD Dist Current Member Nomination Term Cotmeil 003 Millard Heath ~ 1996-98 Beasley I Mech. Contractor 6 Lee Capps Lee Capps 1996.98 Burroughs A droved 7/28/98 1 Jeri Coe Jeri Coe 1996-98 Young (Master Plumber) Approved 7/28/98 PUBLIC UTILITIES BOARD Dist Current Member Nomination Term Coumsil 0 George Hopkins George Hopkins 1994.98 All I Approved 7/21/98 SIGN BOARD OF APPEALS Dist Current Member Nomination Term Council Slick Smith Slick Smith 1996-98 Young Approved 7/28/98 " 3 Bill Allen Darlene Munger 1996-98 Cochran i ' Approved 7/21/98 1 7 Mike Wicbe Chris King 1996-98 Mayor A roved 7/21198 TN IPA BOARD OF DIRECTORS Seat Current Member Nomination Terra O , 0 George Hopkins George Hopkins 1996-98 ALL °r Approved 7/11/98 I ~ .R ,♦r 25 K I O 32 X I O • e t TRAFFIC SAFETY COMMISSION Dist Current Member Nomination Term Council i 6 Greg Sawko Greg Sawko 1996.98 Burroughs Approved 7/28/98 1 Fred Hill Fred Hill 1996-98 Young Approved 7/28/98 **2 Derek Harts field 1996-98 Durrance 3 Art Seely, Jr. Silvia Lesko 1996-98 Cochran Approved 7/21198 4 Lary Luce Larry Luce 1996.98 Kristoferson Approved 7/28/98 I a ' . Y M ~ ~ I A I I~ .T r f i J 4 fr."{`~ 3 2XID Vin.+...•..w~., r..ln••.b.l[,.W';~Nf'Y!N`~n lS,fh.M6'-Y?71 MK7iM~Y~M?137."En"J~IM+?~VR~17~M~n.I~AY7("~V.{RLIAACbihu!R ~ wrCa~ t ATTACHMENT TO AGENDA MATERIALS FROM MINUTES THE ATTACHED PAGES ARE A LIST OF THE NOMINATIONS/APPOINTMENTS MADE TO THE BOARDS/COMMISSIONS BY CITY COUNCIL ON AUGUST 4, 1948 I <I I I 'I -44 j d .~~i It I a w N , 2 5 la 4 32'x 0 • e e ~ r 0 r i BOARDS/COMMISSION NOMINATIONS l AIRPORT ADVISORY BOARD Dist Current Member Nomination Tenn Council ' 7 Terry Garland Terry Garland 19%-98 Mayor A roved 7121/98 3 Ann Houston Ann Houston 1996-98 Cochran Approved 7121/98 4 James Jamieson 1996.98 Kristorerson 5 Jim Risser Ronald Keaton 1996.98 Beasley A roved 7!21/98 1 ANIMAL SULTER ADVISORY BOARD Dist Current Member Nomination Term Council 2 JoellaOrr JoellaOrr 1996-98 Durrance A roved 7/21/98 5 Mary Bendzick Phyllis Flolt 1996-98 Beasley A roved 7/28/98 6 Amanda Casey llarriol Aronson 1996.98 Burroughs Approved 8/4/98 r BOARD OF ADJUSTMENT Dist Curren( Member Nomination Tenn Council 5 Bob Manning Bob Manning 1996.98 Beasley Approved 7/21198 3 Greg Muirhead (ALT) Greg Muinccad 1996.98 Cochran Approved 7/21/98 4 Joe Bendzick (ALT) Joe Bendzick 1996-98 Kristorerson I improved 7/28/98 " 2 Larry Collister Larry Collister 1996-98 Durrance i A roved 7121198 NOTE: Shading indicates nominations required Indicates vote required r t1 ' 10 32x~❑ 0 BUILDING CODE BOARD Dist Current Member Nomination Term Council 3 Bob Hagemann Bob Hagemann 1996.98 Cochran A roved 7/21/98 4 Bryon Woods Bryon Woods 1996.98 Kristoferson ^ Approved 7128/98 S Henry Rife Henry Rife 1996-98 Beasley A roved 7/2 U98 6 Alan Nelson Alan Nelson 1996-98 Burroughs Approved 7121!98 7 Ken Dobias Ken Dobias 1996-98 Mayor A roved 7/21198 CABLE TV ADVISORY BOARD Y 1 Dist Current Member Nomination Term Council L. 1'. Hensley L.T. Hensley 1996-98 Young Approved 7/28/98 **2 Richard Rodean Jack Gray 1996-98 Durrance 3 Juanita Johnson John Enlow 1996-98 Cochran Approved 7/21198 4 Julia Klinck Julia Klinck 1996.98 Kristoferson Approved 7/21198 i CIVIL SERVICE COMMISSION Seat Current Member Nomination Term CAI _ Jana pales Jana Bates 199648 City Mngr. CONINIUNIT1' DEVELOPMENT ADVISORY COMMITTEE Dist Current Member Nomination Ter Council S Jean I I inojosa Sergio Shearer 1996-98 Beasley ' ADProved 7128198 i 6 Peggy rox Barbara Stinnett 1996.98 Burroughs Approved 7/28198 • 7 Jean Ellen Rogers Jean Ellen Rogers 1996.98 Mayor A roved 7/21/98 O 3 Kimberly Franklin Sondra Ferstl 1996.98 Cochran Approved 7/21198 1 S Ann Hach Ann Hatch 1996-98 Bep sle; A roved 7121/98 I i 32XIO 0 0 DENTON HOUSING AUTHORITY Seat Current Member Nomination Tenn 7 Tony Soto Tony Soto 1996-98 Miller 7 Bob Crouch Bob Crouch 1996-98 Miller DOWNTOWN DEVELOPMENT ADVISORY BOARD Dist Current Member Nomination Term Council 3 George Gan George Goen 1995.98 Cochran Approved 7/21/98 4 Joanna Deonath Joanna Deonath 1996-98 Kristoferson _ Approved 7118198 5 Joy Williams Elizabeth Shearer 1996-98 Beasley _ A roved 7129/98 6 Michael Monticino Michael Mont;ctno 1996-98 Burroughs Approved 7/28/98 7 Bette Sherman Bette Sherman 1996-98 Mayor Approved 7121198 l Vxant (Resigned) Jim Griffin 1997-99 Young %pproved 7/28198 I i ELECTRICAL CODE BOARD Dist Current Member Nomination Tern Council ►►3 John W. Hardinger 1996.98 Cochran (Master Electrician) 1 4 Fred Harper Fred Harper 1996.98 Krisloferson I Approved 8/4/98 1 Robcrt L. flicks Raymond Redmon 1996-98 Young _ A roved 814198 _ a p 5 Salty Rishcl Scott Richter 1996-98 Beanie}' i Approved 8'4/98 IIISTORICLANDMARKCOL$BIISS[OY _ Dist Current Member Nomination Term Council 1 0 3 Diane Ricks Diane Ricks 1996.98 Cochran 0 A roved 7111198 7 Peggy Norton Peggy Norton 1996.98 Mayor 1 Approved 7121/98 2 Jim Kirkpatrick Jim Kirkpatrick 1996-98 Durrence I Approved 7/21/98 - I '.'yl rF llf. x l~ r ' 3200 i 0 o s 1 Maw" HUMAN SERVICES ADVISORY COMMITTEE Dist Current Member Nomination Term Council 4 Vacant (Resigned) Lynn Ebersole 1997-98 Krislorerson A roved 7/21/98 6 Fran Moore Fran Moore 1996-98 Burroughs { Approved 7/28198 7 Carol Brantley Carol Brantley 1996-98 Mayor _ A roved 7/21/98 2 Charles Saunders 1996.98 Durrance 4 Wallace Duvall Wallace Duvall 1996-98 Kristorerson Approved 7121198 KEEP DENTON BEAUTIFUL BOARD Dist Current Member Nomination Term Council LaryMullcn JonathamWilliams 1996-98 Young A roved 8!4/96 2 Sara Saunders Lee IIipple 19W-98 Durrance ' n roved erama 6 Beth Clark Jean Greenlaw 1996.98 Burroughs Approved 7/28198 7 Vcra Laney Jean flinojosa 1996-98 Mayor A roved 814/98 3 Vacant (Resigned) JulieSchamberg 1996.98 Cochran A roved 8/4/98 4 DecDce Scott DceDee Scott 1996-98 Kristoferson A roved 7/21/98 LIBRARY BOARD Dist Current Member Nomination Term Council 7 Teresa Starrett Teresa Starrett 1996-98 Mayor Approved 7/21/98 • 3 Kathy Pole Eva Cadwallader 1996-98 Cochran Y Approved 7/29;99 1-4 4 Ema Ruth Russcil Ema Ruth Russell 1996.98 Kdstoferson A roved 8/4/98 s , 0 5 PARKS AND RECREATION BOARD Dist Current Member Nomination Term Council 0 panic Burroughs- Dale Yeatis 1996-98 All A roved 7/21198 0 Martha Garcia Martha Garcia 1996-98 All A roved 7/21/98 + PLANNING AND ZONING COMMISSION Dist Current Member Nomination Term Council 3 Carol Ann Ganzcr Salty Rishcl 1996-98 Cochran i _ Approved 7/18/98 5 Ellen Hoover Scbertz Jim Engelbrecht 1996-98 Beasley A roved 7128198 6 Jim EngelbrecH Carol Arm Ganzer 1996.98 Burroughs , A roved 7/18/98 PLUMBING AND MECHANICAL CODE BOARD Dist Current Member Nomination Term Council 5 Millaw Heath 1996-98 Beasley . (Mech. Contractor 6 Lee Capps Lee Capps 1996-98 Burroughs Approved 7/28/93 I Jcri Coe Jeri Coe 1996-98 Young (Master Piumbcr) &jrovcd 7/28/98 PUBLIC UTILITIES BOARD Dist Current Member Nomination Term Council A 0 GeorgeI lopkins George Hopkins 1994.96 All Approved 7/21/98 SIGN BOARD OF APPEALS Dist Curren Member _Nomination Term Council_ 1 Slick Smith Slick Smith 1996-98 Young Approved 7/28/98 • 3 Bill Allen Darlene Munger 1996-98 Cochran a • Approved 7/21/98 7 Mike Wiebc Chris King 1996.98 Mayor Approved 7/21/98 c9 ' , , 0 1 raaw . y.. .w, ^.;.vsrv„ro4.+..a.^~^A.w'..f4. + ,H':k'YCrSV✓+:Y,pN:c) . •':w.. TMPA BOARD OF DIRECTORS _ Seal Current Member Nomination Term 0 George Flopkins George Hopkins 1996-98 ALL Approved 7121/98 TRAFFIC SAFETY COMMISSION Dist Cur rent Member Nomination Term Council 1 6 Greg Sawko Grq Sawko 1996-98 Burroughs Approved 7/28/98 I Fred Hill Fred Hill 1996-98 Young A roved 7/28198 2 Derek HartsGeld 1996.98 Duhrmce 3 Art Seely, Jr. Silvia Lesko 1996.48 Cochran A weed 7/21/98 4 Larry Luce Larry L ic.; 1996-98 Krisloferson Approved 7/28196 ,i { r"' . , tK14 r r r .Kr:r qr. K10 32X omit 3 se . UNCIL 8/4/98. HANDOUT TO CO - i - " CITY OF DENTON, TEXAS rreesury Do i Don 216 E. ~cftney Y NFAX O Oj 71>7.7 dp.. - rofophono (040) 340-1531 t 1 f y- INTER-OFFICE MEMORANDUM` a` r TO: Ted Benavides, City Manager FROM: Diana G. Ortiz, Director of Fiscal Operations FFF""" ' DATE: August 4, 1998 RE: Utility System Revenue Refunding Bonds, Series 19988 Both Standard & Poors (S&P) and Moody's (credit rating agencies) have reaffirmed the City's credit ratings for the bond sale of approximately $7.6 million in Utility System Revenue Refunding Bonds, Series 19988 which will be presented to City Council for approval tonight. J p: + Their assigned ratings are "Al" from Moody's and "A+" from S&P. These ratings are consistent with existing utility revenue bonds and include a stable outlook. T he agencies' reviews are attached for your reference, Please contact me at ext. 8224 if a you hacc nny questions. , 9 4 ~ ~Y 1 ra; yfr` r r i. ~ 1. iF i 'A "4 Y i 1. y. yI P 1 . ,l I ~ ':I t. ;:as+roea Q 1 P. 02 1112, Sl•AN DARD OPOOKS Public Finance ' New Issue Review ISSUERS OENTON, TX July 30, 1991 Isruar. Dea'on j Obligor Denton Offices: 17.61 mil wil aye rev rifts hinds Per I"1 B &J 3'0 1996 due 12'01 ;014 A' APPIWED Malin Office: 1[r. 73 mllliun Dwwn u61 eye AF 25 Broadway 067LOOK .Af f 1 MJ BD. STABLE New YWk NY 10004 RATIONkE (212) 208-8000 The reins icf ccts she fellowioe etedet risks I She tltctrie ryeern's nduwa upon Term M a,c,pal Pc*tr Agency (TMPAI for 65% of i4 porn Regiopd Offices: requ'vomen!el and H g!1 rystem peed Mg, prtrnlrlty Cast off tl&"f gat debt of TWA 84 Sao SneK 6tb floor ' Ste re:,ng deo'eflects the f011ty int erengdu Sos ob MA 02103 A We service aai aonvmy. AdcGuate dopaetty e1 rnee 6 Mrod in met of the syceem4 (file brit, water end %arteuvaer), (617) 3T 1 0)00 Cernpcttlvt utility rata in 14 (hive eyatemt 10 South Wicker Drive soup! hnanclel eyruNione enl, 51(ong liquidity levels S2ite 2913 The Citric symen's bwiness plane is 416rtned r. "4" refe:clny she Imprevmg con of power from Ckkili, LL 60606 TWA TMPA opetatq one cal powead place with a dediniq con of powu since it ralrched fuel sources a (312) 835-0400 cmaplt of yeas ago and irweeff1clent opereiau at the plm'. Tte elxtrfe fyrem whi:h pravlda 70!. of the combined utility rarenuet, lice caperenrod stall. 1,00 North Akud Street rWil ulet growth, m l I'. inataee berntcl 1997 and :997, Mana;ement hat been prcxtlva In caWning State 3200 cornpcriove cl:. the rates for all o:msas of wets,"ruider•.id aid indur4ial rule compare favorably to other Dallas, TX 93201 pol.a p t,A.is In situ whole then an duel an: ynplecaliflaat{oae!he ci:. a electriceyneme hislten We (114)S7l•1400 ' lice comFetr eIIn Hvcly b peovidc savwe to otw euuaoten. Pp\'u ywcAure and the tytturu cum seneru,ng 'A capacity .nwtfi:ketiomatdrnunE~H1206G, W'uersupplrsmsrceeserJveuerantespseltyarew'Ge:ent 555CaIefOmtaStreet to me<t denut3 utnit ^.6J! and r arteweetr tntammt ctpu,ty U duyned fm a aty of i 10,006 I pi%oncisl operationshave historically been coons w4b to,ease of annualde'ut eerrete of) 53 rams 2)11 FIoOr • in 1997. Coverage of told food met (jewthased pcw) A still round aI 1 56 tillage Llquwy lose waimtd San Fresulico. CA 94104 on on urcerrktad buff, howwer total hinds (Aw"% cwd L,%J mir ucd euh sad in. tedtlena) are up to S 107 (41 76!•5000 million, whlclo includes fda rate steblllruwn fw1 The apilalp4l 4 :em:Ie7 to ronetal end,vlecem"t pfoj tits Lid die c icy antalpatee funding rbefe p ejaite from Intertul ly tevfe•ed fund] • cunoolc 0 • Tee cunock rcheau the word llaaacW q:tfonrunu and to+^sganmt'r cupecutioa to cendnw to be t M it. I rMI rV int to Inge Wier rial userm 4 Tpeby Standard & s wvPWI . fnseaae.~rt99 Ayulystc RatMyn Mock r wr+nL.e.ttr.n.o.rwsl.a+a u\arr g... Imlw lest q.I...,r.~~w..... I e1h. w. J.4b i i "Ton, rc 214-171.1424 ,I.el Ln.a..•.. nst0.rll orrw lr\\hwe....raw.rre~trl~.rlna.l l.tuw~r4e.rlr. M.I.IIMrerr r'v J34Mrd Mcgkde 112.208- .1Aw t ftY►lt+/.W.Itt•tWY.Y.~.IMa\IW.•rrt~YNr4w'•. Ylt►,liefY I,w Y~Yn rlrMHiN. ]ere err laa.,er.w.r~lla ew,.\e...,,\. err rr~\rraarrla.w\tr.~. v.orrr+t euwlY.rlrrWe 5741 f I.rw n \r.a a lib. r\... eel. a rnelrYerr. Y:.\r lien a r.w..+. weer r t.l..eat rw«r t urea row ilia ererrwr rrw . TOM P.BZ - .,,Its. ~ILy K' 1 l~ 4.a 'V L X I i.V caaoptr rrCn ; [Huth Ji: :1r- Ice 0e.03.19" 1!117 r• t i Aloodyee Investan it11'v100 z2oo aouAwxsA ~e5o IAYtf 9.aas 1x r v? 7k, 2x12204350 July J I, 1991 Fax 211.7704M Ms Kathy Dubose Executive Dinttot orrimance City of Denton 21S East McKI icy Street r 4 ` Denton, Texas 16201 ~Y' w Dear Ms. Dubose, We wish 10 inform you that on July 31, 1991, Moody's Rating Committee assigned an Al rating io the City orDenton's Utility System Revenue Bonds. Moody's will monitor ibis ruing and reserves the right, In its sole discretion, to rev W or withdraw this rating aI any time in the fulure, ` no rating as well u any revisions or withdrawals thereof will be publicly disseminated by Moody's y through normal print and electronic media and In response to oral requests to Moody's ntinl desk. Should you have any questions regarding the above, pious do not hultaw to cOwAd the or the analyst assigned to this credit, Donnie E. Porcaro, Jr, at 2141220-4317. SImoerely, OIL" Orlie Prim ee Senior Vice President C.: Mr David Medentch t First Sourhutst Company 201 Main Sweet, Suite 1320 i ;M p Fore Worth, Teeas 76102 i } 1 sv. 1 ...coo... r, 0 i ,wre.a 0 I nsxs~ ' Y.,.., J:. .e. l •q,:NU::': pt,.,., .r i._. r.w ..w .....L... t I CITY OF DENTON FLOOD MITIGATION PLAN ' 1998 I I , 1 1 MAYOR CITY COUNCIL ; lack Miller Carl 0. Young, Sr. Neil Durrance CITY MANAGER Mike Cochran Ted Benavides Sandy Kristofersort ! Roni Beasley ; 0 Mask Burroughs I Prepared by: Teague Nall and Perkins, Inc, r ~ 915 Florence Street Fort Worth, Texas 76102 V 1.2 1 7 7 7 . • t , l p • V1 t J 1 , W> 1 i ~e I. a .r., •.s.. ~ r~ .(~'li?'11..`I:I~: t 1 rl f l':F11~~'..,YYV~TV.aAn✓ ,n i • i ~ F; CITY OF DENTON FLOOD MITIGATION PLAN 1 1998 1 TABLE OF CONTENTS r INTRODUCTION 3 I PLAN PREPARATION PROCESS • • . • 3 EVALUATION OF EXISTING HAZARDS • • • • • • • . • . • . • • . S PLAN GOALS • • 6 i EVALUATION OF EXISTING FLOODPLAIN MANAGEMENT PROGRAM • . • 7 ' F f EVALUATION OF POTENTIAL REMEDIES . • I I 1 ACTION PLAN .............•..................•••.•....••....15 CITY COUNCIL ACTION • • • , • • • • • • 19 DOCUMENTS INCORPORATED AS APPENDICES • • . . . 20 I APPENDIX X - EROSION CONTROL GUIDELINES . F 1r , lam; ! F I . t - :x?:'x*,,., 25~~ 3 2x101 0 0 CITY OF DENTON } FLOOD MITIGATION PLAN t INTRODUCTION The City of Denton has initiated preparation of this Flood Mitigation Plan (FW, ) as pan of its long term and ongoing effort to provide the citizens of the City of Denton with the best possible flood protection. With passage of the National Flood Insurance Reform Act of 1994, Congress authorized the Federal Emergency Management Agency (FEMA) to establish a federal program for providing financial assistance to Stales and communities for flood mitigation planning and activities. One of the requirements for participation in the program is preparation of the FMP. The plan includes an evaluation of existing flood hazsds, review of existing floodplain management activities, and a plan of anion for upgrading or improving floodplain management where necessary. 1 The City of Denton is a moderately sized (pop. 70,000+), growing community in North Central Texas. Spread around a striking county courthouse and historic central business district, Denton occupies a strategic location at the north end of the Dallas-Fort Worth hletroplex area. Denton is home to two major universities, the University of North Texas and Texas Woman's University, and a highly regarded public school system. Lake Ray Roberts and Lake Lewisville adjoin the eastem side of the city, providing recreational opportunities as well as water supply, The City of Denton is traversed by three major watersheds, namely, Cooper Creek, Pecan Creek and Hickory Creek, Major flooding s generally produced by frontal type thunderstorms especially prevalent during the spring and summer. Considerable effort has been expended over the years to minimize flood damage. Two Soil Conservation Service (SCS) reservoirs have been construrted on Pecan Creek and its major tributary ?north Pecan Creek. Significant portions of Pecan Creek, North Pecan Creek and Cooper Creek have been improved to increase the capacity to convey flood water. Several flood control projects are in the design phase at this time. The City has been very active in management of the floodplain, including participation in the Community Rating System (CRS) admin~Aered by FEMA. Within the last eight years, all three major streams have been studied in detail, addressing both existing conditions and future full • development of the respective watersheds. Additionally, a Master Drainage Plan for the entire ` city has been developed to address storm drainage needs on a more localized basis. It is used in i the deveiopmen: process to ensure that drainage issues are adequately addressed A Flood Damage Prevention Ordinance, a detailed Drainage Design Criteria manual and comprehensive Subdivision and Land Development Regulations are all used to guide new • development in such a way as to minimize increased flooding risks due to new development, O • Page -i- r ' ~ 25 K 10 32XIO 1 ' I 1 r M I J 1 a II l Y! i ~r r 0~:'51¢17i(3\"v .J' 43u6q. ...ra.• w Hrlr+•«..... ..i.., ~ 7J In addition, a receptly updated Emergency Management Program provides a comprehensive plan for dealing with a variety of emergencies, including flooding situations. I The City of Denton has been, and continues to be, proactive in its effort to provide a ' rr • I comprehensive watershed management program, Preparation and use of the Flood Mitigation r s Plan is expected to bring an even higher level of cohesion and direction to watershed management in Denton. III r. 'Ir S r. w .w y' r I I ' I r T {f . j Y I. . ~t I i I Page 2 r ' ~ I yl X 32X q i / tY t I PLAN PREPARATION PROCESS I Preparation of the IMP is primarily ajeint effort between the consultant (Teague NO and Perkins, Inc.) and the staff of the Engineering & Transportation Department of the City. Input ` and information will be solicited throughout the planning process from a number of sources, including the City of Denton's Executive Staff, the public, other agencies involved In f oodplain management, the Planning & Zoning Commission, and the City Council. The following is to outline of the planning process: & Compilation of Existing Data I The City of Denton hai, already prepared numerous documents that are directly related to the preparation of the IMP. These documents are referenced as Appendices and are listed in the Table of Contents. They include drainage studies, ordinances, regulations and design criteria B. Notification of Other Floodplain Management Agencies 1 Early In the planning process, the following agencies have been notified of the intent of the 1 City to develop a Flood Mitigation Plan, They have been offered the opportunity to make any suggestions or provide any input they may have related to floodpWn management in I Denton. FEMA Diane Calhoun Federal Emergency Management Agency I Region V3, Federal Center 800 North Loop 288 Denton, Texas 76201.1698 I TNRCC Mr. James Mirabal State NFIP Coordinator Texas Natural Resource Conservation Commission Dam & Flood Safety Section f o P.O. Box 13087 Austin, TX 78711 Denton County Mr. Steve Rollins, Director of County Planning Denton County I 306 North Loop 288 ` Denton, TX 76201 ~j Page •3• li ?y 10 2XIO "Lamm 0 MWAKM C. Public Notices and Advertisements An advertisement was placed in the Denton Record-Chronicle on Sunday, December 28, 1997, providing general information to the public and soliciting information and feedback, especially related to existing flooding problems. Points of contact have been provided for interested citizens to call or write with suggestions, existing flooding information, or for further information Mr. David Salmon, the City Floodplain Administrator, has been the I primary point of contact. A copy of this advertisement is attached. No comments were received by the City staff as a result of this advertizement. I D. Analysis of Existing Problems and preparation of a draft FMP Using Input and information from the sources outlined above, an evaluation of existing flooding hazards and problems was undertaken. Because the City of Denton has been highly active in floodplain management, many flood mitigation activities are already in use, These were evaluated to assess their effectiveness, and numerous other possible activities have been considered. From the list of existing and potential mitigation activities a draft plan has been developed, E. Revie.: of Draft FMP by Executive "'aff 1 The draft FMP has been reviewed by the Executive Staff, which consists of the City I Manager, the Deputy City Manager, and the Assistant City Managers of Operations, Finance and Utilities. In addition, a copy of the draft plan has been made available for public review and comment. F. Review of Draft FMP by Other Floodplain Management Agencies A copy of the draft FMP has also been provided to the agencies notified above, for their review and comment, Their responses are attached where written O. Revisions to Drsfl Plan Based on comments by the staff, the public and other agencies, the draft FMP has been revised to its preseat form. 11. Review and approval of FMP by Planning & Zoning Commission n The FMP has been presented to the Planning & Zoning Commission for their review and recommendations, I Review and adoption of FMP by City Council The FMP was presented to the City Council on , 1998 and approved. 1 Implementation of Plan by City Staff Implementation of the FMP will be primarily the responsibility of the Engineering and • Transportation Department. • • Page -4 - a~ 5 K 10 32X10 S frr r t a 1s4G ~ DENTON COUNTY PLANNING DEPARTMENT I 306 X. Loop 288 Dentoo• Tx 76201 (940) 36S4624 FAX (940) 563-5657 April 24, 1998 4 Mr. Crary Victory, PR TeAV,,, Nall do Perkins 915 Florence St, Ft. Worth, Tx. 76102 Re: Proposed City of Denton Flood Mitigation Programs Dear Mr, Victory; I I have rcviewed the pins for the above captioned project and have no critical comments. I appreciate your effort to include Denton County in the process and am avallable for any wistanca I you may need. Thank you. Sinter ly, Sieve ollins, CT.M, Director I I I wpr • Y r ti, li , 4 \ j 1 X 1 LAL i I 0 i , ~ 1. 1. •M:.•l i. i ~ . • Barry R. McBee. Chairman i R. B. "Ralph" Marques, COmmLefianer = John M. Baker, Commurloner Y ' Dan Pearsoq ExenddvDEreclar TEXAS NATURAL RESOURCE CONSERVATION COMMISSION I ProleUing rust ay Red dri i Pra ring fb&dm FeOru y ary , I Mr. Crary Vickery, P. E. Teague Nall and Perkins Consulting Engineers 915 Florence Stmt Fort Worth, Texas 76102 , I Re. City of Denton Flood hfitigation Plan I TNP No. DEN97217 Dear Mr. Mckery, Thank you for sending the copy of the draft of the Denton FMP, It appears that the plan addresses I tho pertinent issues necessary for sound floodplain management. Thank you again for keeping us abreast of your r., ogress. I Sincerely, / 4 E Mike Howard MC 160 State Coordinator's Office • i a , ~ ~ ~ tat i P,O. Box 13087 a Auattn, UW 787113087 a 5111239-1000 a lnternet sddrm: www.lnecc atate,ta w ; a t Mlnblgrtgcd lMm ¢inf ~IWlina ~ Y,'~# ~E y Y,- A 5 , 1 i32 x 0 T"nwVr F 1. C 1 J MI V 1 ~r?!y1411! ,ll~ 1 I 8G V 1r'4. 'I till 15 • • G It _s- T t L t 1 'i CC 1 City of~, Dentont News from the tilt o) DOW DecembeF 199 Off COUNCW , , r w lr w Maw ll I a, 1 Jddk M. v he city of Denton has initiated preparation of a City Officials have semanced the beginning January I, Januay I • City office closed (a Nrw Ywra Day Term d kiidgatic i Plan (FMP)u pan of its long. the city's Imdadves for neighborhood p esewda and January S • 3.00 p m, traffic $061Y Commiu'wn j At LO(V term and ongoing effort to provide the eiuans development have moved to the police Department's January 6 • TDO p m. City Council Ragubr Mae g Mayo' Aa km of Demon with the best pLibk flood protection, CommuNty (oriented Policing Pragam (COPS), January T • 5:30 Pm. • Planning and Zoning Commission With It, g dM(ls passage of the National Flood Ir..uranceReforri of Formerly, this hrxtioo was provided by 0e Planning and January 8. 6:00 p.m. - U'bfary hoard r 1994. Congress avthonted the Federal Emergency Developing DcPam The mare, according to milut January 12.330 p.m. • Historic Landmari Commission j v Ditlhtl 1 Management Agency (FES3A) to aublish a led"Al let. aulsunt city manage for operations, will bah January 13.6:00 p.m. • City Council Work Saafon t Carl YOUhQr St, program for Pro%Win8 financial assistance to stapesad consolidate and enhance the city's neighborhood January 14.3:30 pm. • Planning and Zoning Commission r' f ' 5:30 p .n. • Alrpod Board communities for remntsfo planning and asvvitin. One of the requirements for panleipWxw is "COPS has been heavily lavdvd In neighborhood January IS • 6:00 p.m. • Inbrmolkn Sarvies Board DhWtl 2 the program Is preparation of the FMP The pine activities alms we first stead the program" said Mr. Jas, January 19 • City P IC" ebsa# Jar Marh'n lu her ~np,1t Day who Also smesoVecity's chief ufpolla, -Wemad January 9e. 1;00pm.•CilyCouncil RpLIC-M leg of NO Ourrar N includesan an rvd Buodplaiplain a managragegmemt flood activities. hsactivities. ds, , a and a new the MM neigbbahuad program of existing southeast Denton to 1988 and 41 d,00 pm City Council Work Seteion DitMtl3 Plan o! action for upgrading or Improving Omdplale In southeast n also stained the Owaley kntory 71.530pm. • Flaming an! Zoning Commission ) T{ management where necessuy.The FMPaneeAs a newest b"' ~dN°rwro ~f""~of 2* ~WfgJano ~ Mi6 C06I neighborhood program • , d basis for applying for federal pants for flood Drawn In to MD. Our COPS waste COA06Mon Wwdwdar lhadaykavaaswitlhe nn on N1d„r4. Alahr miti8urionactma=. aa5dionW4mcv as "p c'l0'ti' dw dow v Ditkltl4 iMyu611cVslnvltedtoofierinput nrotheprcpamflam officers have as gre¢ deal of experience working with many JdMwrakdkmay190%nesh"sdd asMwdbaoUcrdangdal/dadLd g Sundy Ktlalatariad of the plan. Information regarding flooding plant of different neighborhoods, said we have a Vas of resources new the m.-jorstreams fCooperCreek, Pecan Creek, that we can mid tavailable to thest groups. inavery mall Attarge and Hickory Creek) and their tributaries may be sent to sense. having atCOPSof&mtakinkon them additional ; he flaodplrnAdministrator ak capons btaa is Like b ngiog many of few pmgam P146 iNoddy a` Mr, David Salmon, PE, back to where deyAx%Wsaid Mel' Jet , City of Denton, Engineenng 6 Trwepnadom DcpL According to the city's diredat of planning ad s y t ' CITY COUNCIL VOICt &WU CIty Hall Wet • 221 N. Elm, Denton, Texas 76201 development. Dave Hd4 drat realignment also speaks to 34909SS3 (94013+9.1358 t te ImpManee that was given to neighborhoods In the Coll 3-119-:1,100 Considerableefforlhas been espendedinrecent )can "AsionFor Denton' propam. -Strong neighborhoods is to perform detailed studies of the major streams in ere of two nuJ x W"dm Bom the Ylelon Uwe Action ri idena and neighborhood organizations In a CITY to C4UNCISM##1St Denton. These irduie the Hickey Creek Watershed Team. During the Vision pracea cltiam expensed dust order to betp them determine what th& R ulaF MsA.dn4 1.111 anti they went a collaborWvt effort among commumiy pdorldes are. They will then look at ways Y Boat Control Study r919i, I.x Cooper Conk red 3 luatdoyl at 7;~ P,IA, Pecan Creek Tributary PEC•t Regional Drainage ituIlNUans, bmineuas, red neighharrhada Inenas!d neighborhood residents and airy departments Regional v ' F she _ neighborhood cohesion and Identity; miratiudoo ad Ought nerd to adapt in order to wldrew I Studies 11996E and the Petto Creek Muter Plan f preservation or MI81.bahood Work Sdair of • 2nd and }It 419961 se m the chanuterisdca sal an pdoddes Ident&d in de consuludoo phase th blzasmwmtrc Part. Including public mmvpswtirn, that We will help deod[yslakefalden ud auia in F v1 g , 1 , pto%e Pmrmenu need is needed to to provide look Bal UlId tit 6!00 P'lnth, flood c tooteonuvd Improsoood P takes xighbodoods Into account, This reallgrunna of bringing them to the table in order to pride city of red Du ev nton has elopment ev used a setv tee, nrighbatood hddatives with the COPS program should Implement those priorities during the -A pDJ~ means to keep its 1 0 T fcllhunasdanduMeedoa"adSbHB. mobilization phase." Lldnllea ud C1IV MANAG#II The city citizens wall itfoemed regarding flrodpWin goatees' Chief le Irdlcaudshatneighborhxdmldents and He dwsaid that theCMarea roadinaMs s a;: t ; Tod <lpnavidPl 349 9347 Fach yew the Engineennt Division main flwdpldn organizations will work with ox nor his two ata could work wish a broad malithr of airy + t mromwtion to all residents In the flodplain. This coordinators: with Cant ores eoatinax IoM Cabriles, deputrcnu to accomplish peopkY pdatba, #G"wnaye etwnnorp anew rap" rr i y ' ASSISTANT nformation includes instructions far flood pxmatian 312 Ruddell Step II06, 3498357; or war sea He cited the Fry Steer an as an exam Co ple, lntn kadn measures. o description of llvud Luang areas, and coordinator Greg Healdes 2511 Charlotte el. 349-8296, where A COPS DMCC *,,s recently esubhshed dvwePnv"o di"mne NdrdoWhAm r'ndwd r CITY MANAOlRI /nnwrkN ma at. Gwnhww av rk information ntazdtng flood Wurantt. it also offers Bmlxsxs can soak through badness coordinator Jim He said 115 officers work with code ! Deity Williams '349-8301 wxiwunxto property Owners In implern ingtiaod Bryan. ClyMan In the Man sAfira349.8160.Chkflee erfonnnmhutilities, Keep Denton Beautiful. Recycling your Christmast too Is toy end am proucdoomeavurcsand to drumdningthe locators of kilo It&wedthis residents with tighba8oodcrnxms And planning Addevelopment to improve dug laildifill ipace'U."WwabomeetA9ra'sWV4 llesviii Yy CITYSICRITAIN theBrodptain Sim l.rInformation is distributed to can con the Police Department's noeertergencynumber. uNgswpan of tlecity. He Indicated UFry yaxaeeathenahbhepicked opwMyoajrd y JdOni residents through periodic xvwslean, a"ouncemmu K?8181, 20 hour per it y or call and lave a recorded Scat has been Ideraifid by the City Council wasseon kgW4xiiibeghalegka t,' ' a3 ldh WnRan' 3198349 ad in the Denton RecordCTwnlrle, and through utility mange one tree nelgMorFwv.! haane a 349•7781. Chief as an early candidate for small sea planning, Berasmbar to mom to matted stand e ~ , } bills. ki said that pxple laving a recalled message could which the planning and development dmnelanma bit unkinsaidaI *A L his ad dosel. Paw ,D LO PUDUC iNfORMAiIONt the Emily Fowler Public Ubary a i as a expeoamapnwwithin 24hours. depwnent wtilmmldnde,but his department BocladOW Im4r, RICI10r~ IOlkr'319 BS09 repovitory of Doodplain management docuants her Chief Jet said the city's gosh in working with will assist ByaidtutsacaakWgdckapaJwwald reference by the public. The documents avallabIc at alghMrh ods would he the wee a draw foe the COPS Chef let old that his satin ad wed tide lard as bdae 1n r, Dmea raAd aik CITYWtIS111 delibrary laludecureemflJlMmaps. flood awnmce P~:caaulutlnndspatlanrdmbdudoa By COPS coordiauan have already begun call take their mk"01eafeherptoh Fi information, guideline rot flodpruofing sod flood sating as the "Iof conurand refaratfor citizens, the contacting atl of Ae existing meighbmrhod comp(A fisadft 'b4seik 10 tN IMdEU 'dA h~Jl~wwwcl,danlah,le,tl protection, is well as documents deanb'mg the advl aotFe0DP5pdpamwllhaundedmeognge organizations to also city and an irnldnt D, atpyti Will Jam ly i»a National Flood Insurance Program. a seam of citydeputmmeach ma.,&Involved to forwadto their newrapoaVDilitW 9vnwslowlisr"dsRI*Its1ae1 a w , Address speci& Issues', ity seam will consult with wo Y _ r I Yy S 32xI 2 3 N a,~ 1 e I • O i ' EVALUATION OF EXISTING HAZARDS t Flooding in Denton occurs primarily along tb, major streams, namely, Cooper Creek, Pecan Creek and Hickory Creek, as well as their various tributaries In recent years, all three of these major stream systems have been studied in detail (Cooper - 1996, Pecan - 1996, Hickory • 1989). The results of those studies have been published and made available to the public They are attached as appendices to this FMP. As can be seen on the Flood Insurance Rate Map (FIRM), significant portions of the city are inundated in a 100-year storm event. The FIRM maps show the extent of the flooding in a 100-year storm. Even in lesser storms numerous roadways are inundated, restricting traffic and emergency access. f Major floods have occurred in Demon on several occasions. Flooding in 1957 inundated the entire Hickory Creek floodplain and caused extensive damage. Reportedly, several homes were I swept away in the onrushing flood water. In 1974 rainfall ranging from 3 to 10 inches fell in a 24 hour period, causing considerable flooding, numerous road closings, flooded homes and derailed railway engines, A Pacific cold front brought widespread heavy rains to North Texas in I November of 1996. Rainfall of up to five inches In & few hours again caused numerous road closings and widespread flooding, In addition to these and other major storms, lesser storms have periodically caused isolated flooding and road closings. Based on the current FIRM map, nearly 3000 acres within the city limits of Denton would be inundated in a 100-year storm. This figure is based on existing development conditions, As ' further development in the watershed occurs, this figure will increase. Lit^ ally hundreds of buildings fall within the floodplain, including residences, commercial buildings, industrial facilities, and portions of the central business district, as well as City Nall. In addition to the obvious damage potential when flooding occurs, as well as the danger to the health and safety of the citizens of Denton, flooding has an economic npact as well, Undeveloped property that lies I within the floodplain can not be developed without meeting strict guidelines for raising the proposed structures above the 100-year flood elevation or providing extremely costly floodproo6ng measures, Existing structures within the floodplain cannot undergo substantial I remodeling without meeting the floodproofing requirements, The economic result of these potential flooding conditions is that areas of the community within the floodplain face significantly limited prospects for redevelopment, The potential for redevelopment is the key to maintaining a healthy business and residential environment The recent studies referenced above were commissioned with precisely the intention of determining what must be done to alleviate flooding • I conditions and restore the potential for both new development and redevelopment While significant portions of the Pecan Creek watershed are already fully developed, both Hickory Creek and Cooper Creek are expected to experience continued development, The Denton Plan I will address future development trends throughout the city, Including in and near the floodplain. It is anticipated that future development will be required to take place in such a way that • roadways will parallel the floodplains, providing access for maintenance as well as an open space p • I to limit flood exposure and risk. Chanrel and creek crossings will be minimized to reduce potential hazards ,rid flow restrictions. Page -5 1 4 2M;1~ uj " is y 0 t PLAN GOALS r It is the intent of the City of Denton to develop a comprehensive watershed management plan, using existing studies and data, and updating procedures where necessary. The following excerpt from the City Code summarizei well the aim of the City in developing a Flood Mitigation Plan. I i Statement of Purpose of the Flood Damage Prevention Ordinance (City Code, Chapter 30y: ' It is the purpose of this chapter to promote the public h•.alth, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to : ar; a. Protect human life and health; b. M'mimize expenditure of public money for costly flood control projects, ` c. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; d. Minimize prolonged business interruptions; e. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; f Help maintain a stable tax base by providing for the sound use and development of floodprone area in such a manner as tc minimize future flood blight area; and, g. Insure that potential buyers are notified that property is in a flood area. (Ord. No. 78-1, 1.3-78) 1 . i ' r y ~ ;?1 % Page .6- a lI % ' w i 25 q t 1 0 0 n EVALUATION OF EXISTING FLOODPLAIN MANAGEMENT PROGRAM r A logical starting point for the evaluation of possible mitigation activities is to review the floodplain management and mitigation activities already in place, The City of Denton has been I quite proa ;tive in its floodplain management activities, through a program of community education and notification, through ordinances regulating development, and through technical evaluation of existing flooding conditions. The following is a summary of the floodplain management and mitigation program currently in operation Community Rating System (CRS) I The City of Denton is actively involved in the CRS program administered by FEMA. This program is designed to encourage communities to take an active role in floodplain management. The CRS rewards communities that voluntarily take steps to reduce the risk of flooding or to increase the effectiveness of flood insurance protection that go beyond the minimum requirements ofthe NFIP, Such communities are rewarded for these flood prevention and mitigation activities with discounts on flood insurance for policyholders. These activities can range from community education to devrlopment regulations to drainage system maintenance. Premium reductions resulting from these CRS activities range from five to 45 percent. A community rating of 9 receives a five percent discount, while a community rating of 8 will have premiums reduced 10 percent, and so on to a maximum discount of 45 percent, for a rating of 1. The City of Denton currently has a rating of 9 on the CRS scale, and has made application for a rating of 8. ' To put this rating into perspective, there are more than 18,500 communities currently participating in the NFIP nationwide. Of these, just over nine hundred are participating in the CRS, Of these participating CRS communities, the highest classification currently achieved is a rating of 5 (by only two communities), resulting :n premium reductions of 25 percent. The activities considered for application for premium discounts provide substantial benefit to the community, even apart from the potential insurance premium savings. Flood Insurance kgency Executive Administrator Spence W. Perry praised the work of the communities in the CRS program, saying "They have earned the CRS' award of lower flood insurance premiums as well as peace of mind, Thanks to the efforts of their local officials, they should experience less flood damage in the future Capital Improvements Program (CIP) Public Hearings • ' The CIP consists of public improvements projects such as drainage improvements, parks facilities, street construction or reconstruction, or other projects constructed by the City for the public benefit. A 5 Year CIP Plan is developed and published annually. Public hearings on the CIP are held twice each year (in February and May) by the City Council, the Planning and Zoning Commission, and the Public Utility Board, This recurring public hearing provides citizens a forum for input as well as it means for the City to communicate its intentions to the public. Public Awareness Campaign The City of Denton has used several means to keep its citizens well informed regarding floodplain Page .7. I 7h ID 32XIEl 9 • o i ~ issues. Each year the Engineering Division mails floodplain information to all residents in the floodplain. This information includes instructions for flood protection measures, a description of - flood hazard areas, and information regarding flood insurance. It also offers the assistance of the Engineering Division to property owners in implementing flood protection measures and in i determining the location of the floodplain. Similar information has been distributed to residents through the annual open house, through periodic newsletters, public service radio spots, announcements in the Denton Record-Chronicle, and through utility bills. k Development Regulations ~ The City of Denton has adopted intu its Development Code regulations designed to control development in and adjacent to the floodplain. Chapter 34 (Subdivision and Land Development j Regulations) of the Denton Code requires new de',elopmeni to be designed to provide protection from flooding in a 100-year storm. Drainage improvements shall be constructed as necessary to provide adequate conveyance under fully developed conditions, as well as to properly control any / increase in the downstream water surface due to the development. In general, natural streams serving drainage areas greater than one square mile are to remain natural unless improvements are necessary to provide adequate conveyance of storm waters. All channel improvements are to be designed to convey the 100-year storm. All new development must comply with this Code as well as Chapter 30, the Flood Damage Prevention Ordinance. Both ordinances require minimum i finished floor elevations to be 18 inches above the 100-year flood elevation based on encroached a stream conditions In addition, no development or land modiflcation can be made in the floodplain or floodway until construction plans have been reviewed by the City and a permit issued, Drainage Studies Considerable effort and expense have been expended in recent years to perform detailed studies of the major streams in Denton These include the following, Hickory Creek Watershed Flood Control Study • 1989 This study was commissioned to investigate measures to be taken to maintain the existing floodplain limits while accommodating future development in the watershed. Several options were considered, including channelization, but the report concluded that the most cost effective flood control measure for this watershed is to construct a series of regional ' detention facilities. Cooper Creek and Pecan Creek Tributary PEC•4 Regional Drainage Studies • 1996 ' This study evaluated two independent streams, both of which experience flooding under existing conditions The purpose of the study was to identify the extent of flooding under fully developed watershed conditions, and to recommend necessary improvements to control flooding and minimize flood damage. The Cooper Creek study focused primarily on the feasibility of construction of regional detention facilities Numerous altematiYes r were considered, and costs versus benefits were analyzed. The report recommended that tD A construction of at least two regional detention facilities be undertaken. The PEC•4 portion of the study recommended that the existing concrete lined channel be enlarged to ' Page 8 r f~; ?5•I❑ 32XIO o 0 accommodate the 100 year storm. In addition, a bypass culvert is recommended to provide sufficient conveyance under the T & P railroad at Robertson and Bell. This increase in capacity at this key location will dramatically decrease the flood hazard upstream of the railroad, ! Pecan Creek Master Plan - 1996 ` This study was commissioned to analyze Pecan Creek, North Pecan Creek, and the upper portion of tributary PEC-4. These streams traverse the highly urbanized central portion of the City of Denton, and are currently almost completely concrete lined channels. Because of the high degree of existing development, no additional detention beyond the existing SCS lakes was considered feasible. In order to minimize flooding, improvements are recommended to the existing channels to increase the conveyance of flood waters. Due to severely restricted space in this highly developed area, concrete-lined vertical walled channels were recommended throughout much of the study area. Civic Center Park Master Plan - 1997 This study specifically addresses the Civic Center Park, and with regard to flood mitigation is based on the Pecan Creek Master Plan. Several possible means of combining aesthetic park facilities with flood control measures are considered in the study. The preferred plan calls for construction of a lake behind a leaf dam structure. Based on the two studies affecting Pecan Creek and tributary PEC-4, construction plans are currently underway for portions of both streams. It is expected that these proposed improvements will be completed in late 1998 or early 1999, and will remove some 200 acres and ' approximately 130 insurable structures from the Floodplain, These improvement projects will also provide protection from flooding in the 100-year storm under fully developed conditions. ' Floodplain Management Dots Repository The Emily Fowler Public Library serves as a repository of Floodplain management documents for reference by the public. The documents available at the library include current FIRM maps, flood insurance information, guidelines for floodproofing and flood protection, as well as documents describing the National Flood Insurance Program. Drainage System MalMenance The Drainage Maintenance Division maintains a routine inspection program of drainage facilities throughout the city. Major concrete and earthen channels are Inspected annually, and cleaning , and maintenance performed as necessary. Rocks, sediment, tree limbs, litter and debris are removed and disposed of The Field Services Division is currently enlarging its maintenance staff from one crew to lhrc; crews, One crew is assigned to routine maintenance projects, another to ' small construction and repairs, and the third crew will function as a awing crew to assist wherever ' . needed. Flood Response Plan The City of Denton has developed "High Water & Severe Thunderstorm • Emergency Operations 1 Page -9- w r . 25 K ill 32X10 1 O ly 1 1 H Yr: .1. 1'rfi'"l'.Gw _ ~n •..u..-w A•~)-M.w'\.,.\w w.rw...ni.n.~-....... ~ t ~ f Procedures" for usp in responding to extreme rainfall conditions. This highly detailed component of the Emergency Management Plan clearly outlines responsibilities, organizational structure and procedures to be used in the event of flooding. A book depicting high water barricade locations is r also employed to direct crews to areas most susceptible to flooding. In addition to flood response, these procedures include guidelines for post-flood recovery activities and r'. responsibilities. City staff has recently conducted the first field test of the procedures outlined in tho Emergency Operations manual. This field test was performed In an effort to provide actual practice as well as feedback regarding the effective operation of the procedures. Continuing Education of Staff In an effort to keep abreast of the latest developments in floodplain management, the Floodplain f Administrator attends the annual Texas Floodplain Management Association conference. This provides the community with the opportunity to continue to learn new and improved floodplain r` management techniques. In addition, a continuing effort is made to keep current with changes in f the NFIP. The Field Services Division also sends drainage foremen and assistants to the American Public Works Association and Texas Public Works Association conferences for 1 training Flood Warning System A flood warning system is currently In place to provide advance warning of impending flooding conditions. Wamings are issued by radio (KDNT AM 1440), cable TV (audio override and Bulletin Board), weather radio and Plectron wanting radios. Flood warnings can also be received directly from tone activated Alen radios tuned in to the Emergency Operations Center, These tone alert radios can be purchased for installation in privately owned buildings. t' I 3 f i r is J i 11 C Page -10- 32X r 1 y > ► 75 X a 1.0 b. o , ,NORM 0 I vtq" f l EVALUATION OF POTENTIAL REMEDIES The City of Denton is currently in the process of developing a Growth Management Policy and Comprehensive Plan. Entitled the "Denton Plan", this planning effort will bring together a ' multitude of elements. The Denton Plan will provide overall direction for development and grcwth far into the next century. Floodplain management will be based on indi-,ridual "watershed plum," which will also address the entire scope of issues relevant to the watershed Such items es stormwater quality and quantity, erosion control, floodplain management, environmental issues, end control of development activities will all be a pan of these watershed plans, Development regulations will fall under the umbrella of the Denton Plan, as will the Flood Mitigation Plan. I Many, if not all, of the documents referenced as appendices to the FMP will be incorporated into the Denton Plan. In addition, many of the activities indicated below will be included in the Denton Plan. Active regulation of development In and near the floodplain Current regulations provide a high level of control over new development as it relates to floodplain management. The City may want to consider modifying the Flood Protection Ordinance to require that reconstruction of existing structures be such that the lowest floor utd adjacent parking areas be at least 12 inches above the 100-year water surface based on fully developed conditions. In addition, new construction would be built such that the lowest floor, and the entire !ot would be a minimum of 12" above the 100-year water surface 5ased on fully developed conditions. Currently, Section 30.33 indicates that the 100-year flood under existing conditions is the benchmark event for streams with designated floodways. Use of fully developed models for establishing the minimum finish 11c or elevation provides an additional level of protection Ongoing and recurring public education program The current public education program serves well in that it provides a number of opportunities for the community as a whole to receive information regarding flooding and flood protection. This program might well be expanded to include periodic advertisements in the local newspaper, ' These ads would be part of a regular City of Denton ad campaign designed to communicate with and inform the general public. Primarily, the ads addressing floodplain management would appear during the normal storm season, namely March, April and May, In addition to providing n ' important information regarding flood protection and warning, this program can also be used to . encourage property owners to purchase flood insurance. It has been estimated that there are in excess of 600 insurable structures within the floodplains of the City of Denton, but according to FEMA records there are only 312 flood insurance policies in force, Construction of structural ' improvements identified below will remove a significant number of these insurable structures from the floodptain. Flood control structures and Improvements Based on the previously discussed studies performed on the major streams in Denton, there is e 0 y_ need for significant construction of channel improvements, bridge and culvert crossing upgrades, and regional detention facilities. Construction cf all the improvements recommended in the three Page •11• y ~r 2h x 10 32XIO 6 0 studies would cost ,more than $37,000,000 as indicated below: Hickory Creek $ 8,000,000 Cooper Creek S 3,100,000 Pecan Creek $26,600,000 ' ' These costs do not include land acquisition, and in the case of Hickory Creek, are based on. 1989 prices. Construction projects currently being designed will cost in excess of $3 million. It is ' obvious that construction of the recommended improvements will need to take place over an extended period of time. Determination of the priority of proposed construction is made by the City Council, based on recommendations by the Engineering and Transportation Department, it citizen's Bond Oversight Committee through it Drainage Subcommittee, and the Drainage Division of the Water Utility Department Priority is based on the cost of improvements, available funds, an evaluation ofexisting flooding problems, and a cost-benefit analysis of the effect of particular projects. For example, as indicated previously, construction of the improvements currently in design will remove some 200 acres and 130 structures from the floodplain. This represents a significant benefit to the City in terms of both potential economic impact and decreased flood hazard. Master Drainage Plans 1 In addition to the studies that have been previously undertaken, there are several significant streams or portions of streams for which no Master Drainage Plan exists These streams ere identified below, along with an estimated engineering cost: Pecan Creek & North Pecan, Phase 11 $40,000 PEC-1 $70,000 Fletcher Branch $50,000 ' Cooper Creek 595,000 Pecan Creek (Woodrow to Lake Lewisville) $65,000 The Fletcher Branch study would extend the analysis already done on r' 1 detention ponds Ott South Lakes Park The Pecan Creek & North Pecan, Phase 11 study would extend the Phase I study completed in 1996 upstream to the SCS reservoirs. The Cooper Creek study would ' supplement the regional detention analysis previously completed, Each of thewe strearns are potentially significant sources of flooding, especially as development continues in these watersheds. Once completed, these studies can be used to guide development along the streams in such a way that flood protection can be incorporated into the design of proposed developments, To date there is no funding allocated for completion of these studies Purchase of properties at a high risk of flooding it Numerous insurable structures are located in the floodplains of the major streams. These 1 j structures pose the most immediate flooding risk based on the FIRM maps. In some cases these p structures will eventually have to be removed to accommodate proposed channel construction. In Page •12• ~ P VIr D / ~f 32 X TjY F ~ r-, r , O 1 1 r ww~rw other areas, the City may opt to purchase such properties simply to demolish or relocate them, removing them from the flood hazard area. On Pecan Creek and its tributaries, at least 14 such structures have been identified. Several federal grant programs are available to assist the community in such a property acquisition endeavor, In general, it could be said that any structures within the existing floodplain could be candidates for acquisition. Detention Requirements I Another possible flood mitigation activity is to require detention on all new developments, restricting runoff from the site to pre-development levels. While this may help to minimize increases in flood hazards due to new development, it has several drawbacks as well. Extreme care must be exercised In the design of small detention systems to ensure that these facilities do not simply redistribute the peak discharges to a different time framer Such a condition can 1 actually increase flooding risks downstream Regional detention facilities can be designed and ! constructed to avoid such negative consequences. In fact, there are two SCS detention facilities t already in place on Pecan Creek and North Pecan Creek Further detention on Pecan Creek does not appear to be pract;cal due to the high degree of development. However, regional detention facilities have been recommended in the studies for both Cooper Creek and Hickory Creek. It is highly recommended that property for these detention facilities be purchased in the near future, before new development either occupies the necessary land or drives up its cost Prohibit new development in the floodplain A naturally functioning floodplain can have many benefits to a community, including the storage and conveyance of flood waters, the recharging of groundwater, the maintenance of surface water quality, the provision of habitat for both plant and animal wildlife, as well as providing recreational opportunities and scenic value. New construction or development within any floodplain can be considered to have a negative effect on flood conveyance capacity. In addition, because floodplains so frequently provide habitat for both wildlife and plant species, such development decreases the available habitat. Development regulations that con-pletely prohibit new development in the floodplain can serve to provide many of the benefits derived by the community from a naturally functioning floodplain. Floodwater conveyance capacity can be preserved, eliminating the creation of new flooding risks. In addition to reducing the loss of life and property, preservation of the floodplain can also protect critical natural and cultural resources, and provide a source orcommun ty pride and identity. . More and more communities are choosing to change 6e behavior or people rather than trying to change the behavior of a stream system Rather than trying to control floodwaters, these communities are enco-iraging people to avoid flood hazard areas Such practices are primarily carried out by means of development ordinances and regulations. Incentives One way to limit development in and near the floodplain Is to provide tax or other incentives to r make it more economically feasible to leave undeveloped land dedicated for some open-space use. p ' Such uses as agriculture, recreation, or conservation would preserve the floodplalns flood Page •13- Y - 10 32X10 0 1 conveyance capacity as well as the low-hazard land use. Incentives could include special tax rates for natural floodplain, or could even allow floodpiain property to offset other property when calculating tax obligations Dedication of flood plain property to the public's use cen also be used to satisfy the requirements of the new City of Denton Park Dedication policy. r Flood Warning System The flood warning system is currently being enhanced with the addition of automated gates that will be tied to the Water/Wastewater SCADA system. This system will include automated gates at Corbin Road over Hickory Creek and at Mayhill Road over Pecan Creek. These gates will be operated by automatic sensors, and will lower the gates, thus closing the road, when the water surface in the streams reaches a predetermined elevation. The system will also automatically contact the 911 emergency number and the appropriate Department Operations Center as designated in the Emergency Management Program, i Funding has recently been made available for placement of stream and rain gages in strategic locations in the City of Denton. These gages will monitor both rainfall and stream stage, providing valuable inforrnation in the on-going effort to analyze drainage and flooding problems in the major streams. They will be used primarily as part of the flood warning system to provide real-time analysis of potential flooding conditions The data collected from these gages will provide an "early warning system" to predict potentially hazardous conditions befr - ~ they happen, allowing for proactive emergency response in some cases. In addition, the gages can be used to calibrate the accuracy of the computer models used to identify flood hazard areas. More accurate data reflecting actual rainfall events and their causative effect on stream flow makes possible more accurate predictions of future potential flooding conditions. Erosion Control Another pail of development of the Denton Plan will be an updating of the erosion control ~i ' regulations. Erosion control is pan of an overall approach to watershed management, in that it affects the conveyance capacity of streams as well as water quality. Attached as Exhibit X are draft guidelines and details, based on the National Pollutant Discharge Elimination System (NPDES) program of the EPA. Since the NPDES is currently in the process of being changed, ? the erosion control regulations will nead to keep pace with EPA requirements Current EPA regulations require submittal of a Notice of Intent prior to beginning construction on projects disturbing more than 5 acres. Current City of Denton regulations require submittal of erosion I control plans for all proposed construction projects. It wil' be the intent of the erosion control regulations to go beyond simply erosion control to include pollution prevention on construction sites. For example, discharge of hazardous substances including waste concrete, petroleum products, and paints or other chemicals will be ' addressed in the updated regulations. The attached guidelines and details are only a draft, and will ' . be part er the review process for the Denton Plan Page •I4- u• C5 K 32 x I0 Aff- 6 ,,xrnasw `f ACTION PLAN i Because the City of Denton is already so active in management of its floodplains, in many ways the plan of action will be a continuance of existing policies. In addition, several new policies and flood mitigation activities are being put into place. The City Council is considering several r::rcns of funding for drainage improvements and other mitigation ma cures, including implementation I drainage impact fees and/or a Drainage Utility Fund f The foltowing policies and mitigation activities have been successfully serving the citizens of Denton, and will remain in place, many with improvements as noted below, Community Rating System (CRS) The City of canton will continue active participation in the CRS program. Currently, the city staff is working to achieve a CRS rating of 8, which would result in a IVIo discount on flood insurance premiums for the citizens of Denton. This program is administered by the Floodplain Administrator, through the Engineering do Transportation Department CIP Public Hearings These hearings will continue to be held twice annually as part of the annual publication of a S year Capitrl Improvements Program. This activity is directed by the Finance Department, and includes a number of departments throughoet the city, as well as the Utility Board, the Planning & Zoning Commission, and, of course, the citizens of Denton, Final approval of the CIP program is given by the City Council. Public Awareness Campaign The City 4 :l continue to make annual contact with all residents whose properties lie within the floedplain. Current contact with the public at large through the annual open house and occasional utility bitl inserts will also be continued. In addition, the City of Denton is beginning to take out regular ads in the Denton Record-Chronicle to provide information and contact with the y ' community. The Engineering & Transportation Department will provide floodplain related materials periodically for inclusion in these ads. r Development Regulations Current development regulations will continue to be upgraded and improved as part of the development of The Denton Plan. These regulations will address development requirements, erosion and pollution prevention, regional detention, environmental concerns and overall guidelines for development in the respective watersheds in the City of Dentot, i ` f The City Council has recently adopted a new ordinance requiring developers to dedicate land to the City for neighborhood parks when platting a new development. Floodplain property can be used to at least pay dally mtl* these requirements tD Page •15• i 2.5 10 32X 10 i r In addition, The Denton Plan calls for dedication of floodplains to perform multiple functions, such as flood protection, recreation, habitat protection and environmental preservation. This policy will be incorporated in different ways for different watersheds, based on the watershed plans underdevelopment. The watersheds in Denton range from high levels of development (such as Pecan Creek), to very sparsely developed (such as Hickory Creek), Floodplaln Management Dala Repository The public library will continue to be a repository for floodplain management related documents, such as FIRM maps, flood protection guidelines, and the various technical studies that have been performed era behalf of the City. This Flood Mitigation Plan will also be available at that location. Drainage System Maintenance Maintenance of the existing drainage system will certainly continue, bolstered by the recent acquisition of additional staff and equipment. Two new maintenance crews are currently being placed into service to provide significantly Improved maintenance service. These crews are part of the Drainage Division of the Water Utility Department Flood Resronse Plan Emergency response activities have been carefully planned and organized under the "High Water & Severe Thunderstorm Emergency Operations Procedures" which is part of the broader "Emergency Management Program'. These procedures are being field tested and refined and provide a comprehensive emergency response organization This program involves virtually every department of the City of Denton. Continuing Education of Staff This important program will continue to be used to ensure that key staff members are kept abreast of the most current and effective methods available for incorporation into existing mitigation activities. This program Is undertaken by both the Engineering & Transl of r lion Department and the Drainage Division of the Water Utility Department Flood Warning System As indicated previously, the existing flood warning system is currently being upgraded with the addition of automated gates and gages at several key stream crossings. These will provide Increased flood protection and will become an integral part of the flood response program, These bates are to be controlled by radio signal from the Water/Wastewater treatment plant, but include an override that will operate the gate in the event of a shutdown or interruption at the plane. A ' loss of battery power at the gate will cause the gate to drop, and plant operators to be signaled by radio ro corrective action can be taken. In addition, a number of rein gages and stream flow gages have been recently purchas,d by the City of Denton. These gages will be placed in strategic locations in the watersheds of Pecan, i Hickory and Cooper Cretks to provide real time data for advance warning of impending flooding 0 • conditions The gages will transmit data automatically by radio to a central computer at the S- Pose •16- s-,v r,5 IcJ 32XI❑ s l A treatment plant. Solar charged batteries will provide power to these transmitters. This advance ' warning will permit preventative measures to be taken to minimize flood damage. These gages will be monitored as past of the existing flood warning system. Construction or Structural Improvements Based on the findings of the various detailed stream studies that have been developed recently, f one significant flood control construction project is currently in the design phase. This project r will have a dramatic positive affect on the flood hazards associated with tributary PEC-4 in ` southeast Denton, This project will have an estimated construction cost in excess of $3,000,000 and will be financed by a combination of CIP funds, federal grant funds, and general funds. Other I structural improvement projects are currently being designed to provide improved conveyance of flood waters at several key stream crossings. These projects will provide significantly improved " emergency access during high frequency storms Tie City is also in the process of developing I construction plans to address major local drainage issues not included In the previous studies, such as Eagle Drive and Collins Drive. ` Master Drainage Plans 1 The City Council is looking for immediate funding for the additional Drainage Master Plans referenced in an earlier section of this report The level of new and anticipated development I activity in a given watershed and the extent of existing flooding risks will be key factors In determining the priority of the various studies needed. Currently, the likely priority ranking is as follows Pecan Creek & North Pecan, Phase 11 ' Development is virtually complete along both of these streams, consisting of both res'dential and commercial properties. Current FIRM maps indicate significant potential flooding, especially in the commercial areas. PEG 1 Considerable new development, primer+ly residential, is currently undcrwny in the upper reaches of the watershed. Fletcher Branch The upper third of the watershed shows continued new development, the middle third is already fully developed, and the lower third Is highly un0eveloped. Increased discharges ! due to upstream devehpment have resulted In increased flooding concerns downstream. Cooper Creek j This Is a highly developed watershed, with the exception of the uppermost reaches orthe j; stream The recently completed regional detention study Indicated that detention alone will not eliminate all flooding The 1998.99 CIP has over $500,000 earmarked for 1 channel and culvert Improvements needed to supplement the proposed detention facilities Pecan Creek (Woodrow to Lake Lewisville) Page .17. 5 1 32X 74 s I r 0 I Al oaa y, r !A , along t but existing is relatively tilde g his portion of Pecan Creek. development significant industrial development is in the planning stagesjust east of Woodrow. Purchase of At•Rlsk Properties A number of insurable structures are located within the floodplain of the various streams within the City of Denton. Using ftrnding from the Flood Mitigation Program administered by FEMA, the City Intends to purchase several of these properties. After purchase by the City, the structures ' will be removed. The purchase of these properties will reduce flooding risks, resulting in reduced claims to the NFIP. M least 14 structures on Pecan Creek and its tributaries have been identified as potential candidates for removal. In most of these cases, these structures located in the I floodplain must be removed not only to reduce risk, but also to accommodate fluture construction of flood control structures. Mitigation Measures Not Enacted It should be apparent from the various co-aponents of the action plan that the City of Denton already has in place a comprehensive Flood Mitigation Plan, an4 is continuing to take steps to increase the effectiveness of the program in providing flood protection to the citizens of Denton. To some degree, all but one of the mitigation measures considered have been or are being aropted and implemented, Further study will be required prior to adoption of tax or other Ltcentives for preservation of the floodplain. Such incentives may well be implemented in conjunction with the floodplain dedication policy, or with the Drainage Impact Fees or Drainage Uti'ity Fees currently under consideration. I + Page -Is - a rot+n~ 1 C] 2X fr . N yr` V Amon s _Ai j CITY COUNCIL ACTION I f• r i A R 1 .1' tr '1R~t< t I Page -19- 2 1 ! 0 32X I r its • ■amrs 0 . r, • 1 I ' ' CITY OF DENTON FLOOD MITIGATION PLAN ` DOCUMENTS INCORPORATED AS APPENDICES Flood Insurance Study. City of Denton. Denton County, Texas, Federal Emergency Management Agency, April 2, 1991 Drainage Desian Criteri a, City of Denton, Texas, Freese and Nichols, Inc, 1990. Subdivision and Land Development Regulations City of Denton, Planning and Development I Department. ` Emergency Management Progl'sm, City of Denton. Comprehensive Master Drainage Plan. City of Denton, Freese and Nichols, Inc, 1975. ' Comprehensive Mater Drainage Plan Update City of Denton. Freese and Nichols, Inc., 1990, Hickory Creek Watershed Flood Control Study. City of Denton, Freese and Nichols, Inc., 1959. Cooper Creek and Pecan Creek Tributary PEC• 4 Regional Drainags Studies, City of Denton, Freese and Nichols, Inc., 1996, i Pecan Creek Master Plan, City of Denton, Teague Nall and Perkins, Inc., 1996. ' The Denton Plan (Growth Management Policy and Comprehensive Plan for Denton, Texas) parks Department Master Plan, city orDenton. Denton Trails Plan, City of Denton. ' Operation and Meintenance Ar I"u. City of Denton, Field Services Division. } Civic Center Perk Master Plan, Parks and Recreation Department, City of Denton. ' Page .20. 32x10 off' ' Ix it 1 t ` ~Y o. " Z Y e', r , r .i i i w y'r ~r.y~l~.er.-M\'F~4MIMJMMN.rY 'P ~I~x.a ...~r.a ~wWrw 1,a.ne .n •n.n~nW Ip i Y I I EXHIBIT X r b` I k r EROSION CONTROL GUIDELINES E l Sample Pollution Prevention Plan and Erosion Control Details c I ~ ■ I li I i S r 4 • ~ O ti~ Page •4l 4 r ' O t r I •n hnri4WeTJr9ay.u . ...I. . ~ a , SOUTH LAKES PARK DETENTION POND No. 3 ' POLLUTION PREVENTION PLAN I "t1)•~pG ~~~)T 'F ~C Y(yB...A.I gvglP''~10~•~ ~%NY Project Name and Localtoi: (Latitude, Longitude, Owner Name and Address: or Address) The City of Denton I South Lakes Park City Hell West 2100 Teasley Lane 221 N. Elm Denton, TX Denton, TX 76201 I Description: (Purpose and Types of Soil Disturbing Activities) i This project will consist of construction of a detention/retention facility within South Lakes Park, a City of Denton recreational area. Soil disturbing activities will include excavation, embankment and final grading 1 Runoff Coefficient: The final coefficient of runoff for the proposed construction area will bee -0.25. Site Area: The park is approximately Igo acres, of which approximately 17 acres will be disturbed by construction activities. Sequence of Major Activities li The order of activities will be as follows: J ' I. Install erosion control structures as necessary. 2. Clearing and grubbing. t 3. Excavation and grading. 4. Construct outfall structure, i' 5, Stabilization of unpaved areas 'A 6. Remove erosion control structures. * Name of Receiving Waters: The detention/retention facility is situated on Fletcher's Branch. Discharge from the site passes through an existing detention pond, then is conveyed by Fletcher's Branch, eventually reaching I ; Lake Lewisville. j ' t ' SWPP• I j'L 2x10 eY + 7 r) r t rw' F , i k t~t~ r ,l. i~ r r iallni r i_ ~ t C W ' amok - I ` III` Stabilization Practiea Silt fences and other structural controls indicated t'n the plans will be installed prior to beginning the clearing and grubbing and will remain in place until the contactor has completed construction of the particular phase r and has completed stabilization. Virtually all of the construction area drains into either the proposed I detentionlretention pond or into the existing detention pond. As a result, these ponds will serve as sediment traps during construction, keeping temporary structural controls to a minimum. Waste Materials: All waste materials will be collected and stored in a suitable container. The container will meet all local and State solid waste management regulations. All trash and construction debris from the site will be deposited in the container, which will be emptied as necessary, No construction waste materiels will be buried on site. All personnel will be instructed regarding the correct procedure for waste disposal. Hazardous Waste: All hazardous waste materials will be disposed of in the manner specified by local or State regulation or by the t manufacturer. Site personnel will be Instructed in these practices and contractor will be responsible for seeing that these practices are followed. Sanitary Waste: All sanitary waste will be collected from portable units located on site and emptied by a licensed sanitary waste managemend contractor, as necessary. Off Site Vehicle Traticing: A stabilized construction exit shall be installed to help reduce vehicle tracking of sediments. The paved streets adjacent to the site entrance will be swept as necessary to remove any excess mud, dirt or rock tracked form the site. The contractor is responsible for ensuring that excess mud, dirt or rock are removed from all adjacent I streets I { r SWPP•1 I k' r ~ at a y. 32X ~k 0 TIMING OF CONTROLS/MEASURES As indicated in the Sequence of Major Activities, silt fences and stabilized construction exits will be constructed prior to commencement of work under this contract. Areas where construction activity temporarily ceases for more than 21 days will be stabilized with a temporary seed and mulch within 14 days of the last disturbance. Once construction activity ceases permanently in the area, that area will be stabilized with permanent seed and mulch. 1 MAINTENANCE/INSPECTION PROCEDURES j I These are the inspection and maintenance practices that will be used to maintain erosion and sediment controls: All control measures will be inspected at least once each week and following any storm event o(0,5 inches or greater, i • All measures will be maintained in good working order, if a repair is necessary, it will be initiated within 24 hours of report. a Built up sediment will be removed from silt fence when it has reached one-third the height of the fence. Silt fence will be inspected for depth of sediment, tears, to see if the fabric is securely attached to the fence posts, and to see that the fence posts are firmly in the ground Built up sediment will be removed from the rock berm wh ~n it has reached one-third the height of the I berm, or one foot, whichever Is less. A maintenance inspection report will be made after each inspection x.5PILY,PREVENTION Material Management Practices r { The following are the material management practices that will be used to reduce the risk of spills or other accidental exposure of materials and substances to storm water runoff. An effort will be made to store only enough product required to do the job All materials stored on site will be stored in a neat, orderly manner fn their appropriate containers and, if possible, under it roof or other enclosure { Products will be kept in their original containers with the original manufacturer's label. { Substances will not be mixed with one another unless recommended by the manufacturer, Whenever possible, all of a product will be used up before disposing of the container. I 0 Manufacturer's recommendations for proper use and disposal will be followed I The site superintendent will inspect daily to ensure proper use and disposal of materials on site. • 0 • SWPP•3 I 10 32 x I O , xx . N. } reaao~ J x Jt 1 t r i Product Specific Practices The matcrials kit substances listed below are expected to be present on site during construction, • Petroleum Products • Paint Concrete Petroleum Productr. All on site vehicles will be monitored for leaks and receive regular preventive maintenance to reduce the chance of leakage. Petroleum products will be stored in tightly sealed containers which are clearly libeled. f Paints All containers will be tightly sealed and stored when not required for use. Excess paint will not be discharged to the storm drain system but will be properly disposed of according to manufacturer's instructions and/or State and local regulations. Concrete ti Concrete trucks will not be allowed to wash out or discharge surplus concrete or drum wash water or% the site except in bermed wash basins a minimum of 12" In height. The wash basins will be will be cleaned out and concrete and all concrete residue will be disposed of properly off site. Spill Control Practices I In addition to the good housekeeping and material management practices discussed in the previous sections of this plan, the following practices will be followed for spill prevention and cleanup: I 0 Manufacturers' recommended methods for spill cleanup will be clearly posted and site personnel will be made aware of the procedures and the location of the information and cleanup supplies. Materials and equipment necessary for spill cleanup will be kept in the material stooge area on site. { Equipment and materials will include but not be limited to brooms, dust pans, mops, rags, gloves, goggles, 1 kitty litter, sand, sawdust, and plastic and metal trash containers specifically for this purpose. All spills will be cleaned up immediately after discovery, I 6 The spill area will be kept well ventilated and personnel will wear appropriate protective clothing to prevent Injury from conttict with a hazardous subsunce. A, I - The spill prever lion plan will be adjusted to include measures to prevent this type of spill from reoccurring and how to clean up the spill if there is another one. A description of the spill, what caused it, and tha cleanup measures will also be Included. 1 The contractor will designate personnel to be the spill prevention and cleanup coordinator. S WPP•4 A, 000 32X 10 26 ( q • . p 1 T. 1 r J4. , •i 1 , l 1 - o t r AL~~. f 1 certify under penalty of law that 1 understand the terms and conditions of the general National Pollutant Discharge s, Elinunation System (NPDES) permit that authorizes the storm water discharges associated with industrial activity from the construction site identified as part of this certification. Contractor Name and Address Name Date I • f o- 7 I r SWPP-S I J$:trc 4< 25 x 10 'r 32 x AUU, RPM s 0 i STEEL FENCE POST (6' SPACING MAX.; V EMBEDMENT MIN.) TYP. NYLON REINFCRCED POLYPROPYLENE FABRIC 4"K4" WIRE MESH BACKING I ' SILT FENCE (MIN. HT. 24" ABOVE EXIST. GROUND) J Y~ 6" MIN. r~o \BACKFILL f FABRIC TOE-IN 5 X111' TRENCH (BACKFILL do COMPACTED) ` SILT FENCE NOTES 1, SILT FENCE MAY BE USED WHERE THE GROUND SLOPES ACROSS A DITCH OR SWALE, 2. STEEL POSTS WHICH SUPPORT THE SILT FENCE SHASI. BE INSTALLED ON A SLIGHT ANGLE TOWARD THE ANTICIPATED RUNOFF SOURCE. THE POST MUST BE EMBEDDED A MININIUM OF ONE FOOT, 3, THE TOE OF THE SILT FENCE SHALL BE TRENCHED IN WITH A SPADE OR MECHANICAL TRENCHER SO THAT THE DOWNSLC•E FACE OF THE r TRENCH IS FLAT AND PERPENDICULAR TO THE LINE OF THE FLOW. 4 THE TRENCH MUST BE A MINIMUM OF DEEP AND WIDE TO ALLOW FOR THE SILT FENCE FABRIC TO BE LAID IN THE GROUND AND BACKFILLED WITH COMPACTED MATERIAL 5 THE SILT FENCE SHWLD BE SECURELY FASTENED TO EACH STEEL SUPPORT POST. ALTERNATIVELY, SILT FENCE SHALL BE FASTENED TO WOVEN WRE WHICH IS FASTENED TO THE STEEL POST. THE ENDS OF FABRIC SHALL OVEF.LAP THREE FEEL S ' E INSPECTION SHALL BE MADE WEEKLY AND AFTER EACH RAINFALL. REPAIR OR REPLACEMENT SHAD BE MADE PROMPTLY AS NEEDED. I SILT FENCE SHAH. BE REMOVED WHEN THE SITE IS COMPLETELY STARIUIED 50 THAT NATURAL DRAINAGE IS NOT BLOCKED OR IMPEDED. 8 ACCUMULATED SILT SHALL BE REMOVED WHEN IT REACHES A DEPTH OF , HALF THE EIGHT OF THE FENCE TT'.C SILT SHALL BE DICPOSED OF AT A SITE APPROVED BY THE OWNER ANC IN SUCH A MANNER AS TO PREVENT • ADDITION!,. SILTATION, p . 9 CONTRACTOR TO MAINTAIN SILT FENCING AND ALL OTHER EROSION CON- TROL MEASURES AT ALL TIMES DURING THE DURATION OF THE PROJECT. EROSION CONTROL DETAILS I SILT FENCE DETAIL CITY OF DENTON/ TEXAS I u7 TEAG UE NALL AND PERKINS Cry NAU For • NJ M. !W . anm m. mw "I ~e I I f Y A 1 1 1 1 I It / 1 11 1 IF 0 1 i r~ REEL, „ x 1 LJ Q K7IVA I. ~i~i.l-_."+.1~... r-.rm ...ter,...-... . .e ~ • I 1 Il 1 OEPTX (VIN.) CONSTRUCTION CRUSHED STONE f>uSANO PACED f ACCESS ROAD ROADWAY FILTER FABRIC , I{ Q CONSTRUCTION I ACCESS ROAD i 1 I. A STABILIZED CONSTRUCTION ENTRANCE APPLIES TO POINTS OF CONSTRUCTION INGRESS AND EGRESS WHERE SEDIMENT MAY TRACKED OR FLOW OFF THE CONSTRUCTION SITE. 2. THE ENTRANCE SHALL BE MAINTAINED IN CONDITION WHICH WILL PREVENT TRACKING OR FLOWING OF SEDIMENT ONTO PUBLIC RIGHTS-OF-WAYr THIS MAY REQUIRE PERIODIC TOP DRESSING + PATH ADDITIONAL STONE OR ADDITIONAL LENGTH AS CONDITIONS DEMAND AND REPAIR AND/OR CLEANOUT OF ANY MEASURES USED TO TRAP SEDIMENT, ALL SEDIMENT SPILLED. DROPPED, WASHED OR TRACKED ONTO PUBLIC RIGHTS-OF-WAY MUST BE REMOVED IMMEOIATELY. i I 1 ' I I I EROSION CONTROL DETAILS STABILIZED CONSTRUCTION EXIT CITY OF DENTON, TEXAS " I TEACUE NALL AND PERKINS DMtd1 clrr RAU rdr • nr III. kr • ecrTVx, ma ""I -ft. 8 O FTJ,-^1811 I 4" MIN. ~ WOVEN WIFE SHEATHING FLOW 24" MIN. - 3 CROSS SECTION WOVEN WIRE SHEATHING I F L l 50METREC- PLAN VIEW ROCK BERM NOTES 1. USE ONLY OPEN CRAOED ROCK A-B INCHES IN DIAMETER FOR STREAM FLOW CONOITION. 2. THE ROCK EI SHALL BE SECURED W TH A WOVEN WIRE SHEATHING HAVING A MAXIMUM OPENING OF I" AND A M:N'MUM WIRE SIZE OF 20 GAUGE AND SHALL BE BURIED IN A TRENCH APPROXIMATELY S TO 4 INCHLS DEEP. • I ! THE ROCK BERM SHALL BE INSPECTED WEEKLY OR AFTER EACH RAN E/ENT AND SHALL BE REPLACED WHEN THE STRUCTURE CEASES TO FUNCTION AS INTENDED DUE TO SILT ACCUMULATION AMONG THE ROCKS, W'ASHUUT, CONSTRUCTION TRAFFIC DAMAGE, ETC. A WHEN SILT REACHES A DEPTH EOVAL TO ONE-THIRD OF THE HEIGHT OF THE BERM OR ONE FOOT, WHICH EVER IS LESS, THE SILT SHALL BE REMOVEO AND DISPOSED OF PROPERLY. S WHEN THE SITE IS COMPLETELY STABILIZED, THE BERM AND ACCUMULATED SILT SHALL BE REMOVED AND DiSPOSE0 OF IN AN APPROVED MANNER, 6 ROCK BERM SHOULD BE USED AS CHECK DAMS FOR CONCENTRATED 1 I FLOW AND ARE NOT INTENDED FOR USE IN PERIMETER PROTECTION. EROSION CONTROL DETAILS _ROCK BERM ® CITY OF DENTON, TEXAS TEA G UE NALL AND PERKINS CI!lton cm xtu nrr • of to. rix • 'Iv mra raw react eer.er+rt•r r r rigs 32 X a x o..f k FLOW 4" VERTICAL FACE (TYP.) ` EMBEDDING DETAIL WIRE OR NYLON BOUND BALES PLACE ON THE CONTOUR ANGLE FIRST STAKE TOWARD PREVIOUSLY LAID BALE r~ 2 RE-BARS. STEEL PICKETS OR 2"x2" STAKES 1-112' TO 2r IN GROUND FLOW I ~ANCHORING DETAIL 1. BALES SHALL BE PLACED IN A ROW WITH ENDS TIGHTLY ABUTT'NG { THE ADJACENT BALES. 2 EACH BALE SHALL BE EMBEDDED IN THE SOIL A MINIMUM OF 4". 3. BALES SHALL BE SECURELY ANCHORED IN PLACE BY STAKES OR RE-BARS DRIVEN THROUGH THE BALES, THE FIRST STAKE IN EACH BALE SHALL BE ANGLED TOWARD THE PREVIOUSLY LAID BALE TO • FORCE THE BALES TOGETHER, i , 4. INSPECTION SHALL BE FREOUENT AND REPAIR OR REPLACEMENT 1 SHALL BE MADE PROMPTLY AS NEEDED. 5. BALES SHALL BE REMOVED WHEN THEY HAVE SERVED THEIR USE- FULNESS SO AS NOT TO BLOCK OR IMPEDE STORM FLOW OR DRAINAGE. i' • SPECIFICATIONS FOR INSTALLATION • • OF HAY BALE BARRIER" _ EROSION CONTROL DETAILS I HAY BALE BARRIERS ® CITY OF DENTON, TEXAS . TEAGVE NALL AND PERKINS DN1ton urr x.u war • t$ P. as NNW. !cw "as I W. f f it f 1} f f ! I f i x!! f . - - „M 10 32 X I O Y • 0 • p 1 iCiA.W'J , l _ VARIES AS NEEDED 'I 12 MIN. 12" MIN. I f SECTION X-X * 1 WASH BASINS SHALL BE LARGE ENOUGH TO CONTAIN ALL DR,M WASH WATER AND SURPLUS CONCRETE. i 2 CONCRETE TRUCKS MAY NOT WASH OUT OR DISCHARGE SURPLUS CONCRETE OR DRUM WASH WATER EXCEPT IN BERMED WASH BASIN;. e 3, WASH BASINS SHALL BE CLEANED OUT AND ALL , Q CONCRETE RESIDUE PROPERLY DISPOSED Of. EROSION CONTROL DETAILS BERMED CONCRETE WASH BASIN 0 CITY OF DENTON, TEXAS fiS TEALUE HALL AND PERKINS Dvion my uu art. at m. am • am(#. nmd mat . A$I lag