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HomeMy WebLinkAbout10-06-1998 S I Y 1 Y ,4 M: ,e 1 1 I 1 j, i i i It h City Council Agenda Packet October 6, 1998 Y f 1 1 l I r 't 25 0 32 x I ❑ 01 0 } aaaaa~.pe AGENDA Agenda No CITY OF DENTON CITY COUNCIL Agenda Hera /.J-_ October 6, 1998 DaI a _fp L C/ 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, October 6, 1998 at 5:45 p.m. ;n the Council Work Session Room at City [fall, 215 E. McKinney, Denton, ' Texas, at which th% following items will be considered: I. Closed Meeting: A. Conference with Employees - Under TEX. GOVT. CODE Sec. 551.075. The Council may receive information from employees during a staff conference or briefing, but may not deliberate during the conference. 11. Deliberations regarding Real Property - Under TEX. GOVT. CODE. Sec. 551.072 I. Consider and discuss acquiring right-ofway for Scott Street sidewalks between Kerley Street and Morris Street in southeast Denton including the possibility of condemnation. ANY FINAL AC'iION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEEI-ING OR ON INFORMATION RECEIVED IN A CONFERENCE WITH EMPLOYEES WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEX. GOV'T. CODE CH. 551. THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOVT. CODE SEC. 551.001, ET SEQ. (TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON IIS OPEN MF,EIING AGENDA OR TO RECONVENE IN A CONTINUATION 01' THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, W[IIIGUT LIMI fATION, SECTIONS 551.071-551.085 OF THE OPEN -IFET1NGS ACT. Regular Meeting of the City of Denton City Council on Tuesday, October 6, 1998 at 7:00 p.m. in the Council C'hamb:.s of City Hall, 215 F. McKinney Street, Denton, Texas at which the following items will be considered: • 1. Pledge of Allegiance A. U.S.Flag B. Texas Flag "ilonor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible." 2, Consider approval of the minutes of June 9, June 16, July 15, July 21, and July 28, 1998. 1 • 0 • 2E5F:NTATION51AtiVARDS ~ i z. Proclamations 4. October Yard-of-the Month Awards 132x10 e NONE" 0 4 4 City of Denton City Council Agenda October 6, 1998 Page 2 S• Eli iced Way Presentation CITIZEN REPORTS ' 6. Receive a report from Nell Yeldell regarding the inability to receive tax records, 7. Receive a report from Dessia Goodson regarding the City of Denton Police Department. NOISE EXCEPTIONS 8. Consider a request for an exception to the noise ordinance for Cooper Creek United Methodist Youth Ministry "Kids for Christ Youth Rally" to be held on Saturday, October 17, 1998 from 3:00 p.m. until 2:00 a.m. 9. Consider a request for an exception to the noise ordinance for the Denton Main Street Association second annual Pops in the Park Concert to be held Sunday, October 25, 1998, in Civic Center Park from 3 p.m, to 6:30 p.m. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations, Approval of the Consent Agnnda 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. 1 Listed below are bids and purchase orders to be approved for payment under the ordinance section of the agenda Detailed back-up information is attached to the ordinances (Agenda Items 10.25). This listing is provided on the Consent Agenda to Alow Council { Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items 10.25 below will be i pproved with one motion. If items are jj pulled for separate discus.,ion, they will be considered as the first items under "Items for J Individual Consideration". 10. Consider approval of a tax refund to J. C. Penney's 01046.2 for $2,518.81 due to a tax • liability reduction on 1996 Supplement from the Denton Central Appraisal District on tax account #900848, 11. Consider adoption of an ordinance and approval of an Interlocal Ambulance Agreement between the City of Canton and the following cities for ambulance services: A. City of Argyle e El. City of Corinth Q ~ a C. City of Hickory Creek J D. City of Krum E. City of Lake Dallas F. City of Ponder 0. City of Sanger it. City of Shady Shores 1 r _ 2") s o0 3zx0 1 d ' ~rsrsa O tax ue City of Denton City Council Agenda Octobcr 6, 1998 Page 3 12. Consider approval of a resolution of the City Council of the City of Denton, Texas, approving the assignment by Alan Richey, Inc. of a commercial operator airport lease executed May 15, 1998 to Robby Richey; and providing for an effective date, 13, Consider adoption of an ordinance authorizing the Second Amendment to Airport Lease Agreement for Fixed Base Operation (FBO) activity between the City of Denton and Texas Air Center, Inc. (formerly Air Denton, Inc,); and providing for an effective date. 14. Consider adoption of an ordinance authorizing the execution of a change orders #1, #2 and #3 to the contract for renovation of Denton City Hall and Municipal Complex (City 11x11 East) - Project 11 between the City of Denton and DBR Construction Co.; providing for a change in the contract amount; and providing an effective date. (Bid #2184 - General Construction and Renovation of the Denton Municipal Center and City Hall - Project 11, PO #85176 to DBR Construction Company in the net amount of $36,804.00 deduct.) 15. Consider adoption of an ordinance authorizing the execution of a change order to an emergency purchase order for repair to Lake Pump 04 between the City of Denton and Layne, Texas; providing for an increase in amount; and providing an effective date. (Purchase Order #86363 to La) ne, Texas Change Order # 1 in the amount of $24,336.00) 16. Consider adoption of an ordinance authorizing the execution of a change order to a purchase order for repair to Solid Waste dumpster containers between the City of Denton I and Dumpster Doctor; providing for an increase in the contract amount; and providing an effective date. (PO #8658 to Dumpster Doctor in the amount of $15,512,00) 17. Consider adoption of an ordinance accepting competitive bids and awarding a contract for an annual price agreement for sanitary sewer service cleaning w.d televising; providing I for the expenditure of funds therefore; and providing an effective date (Bid #2270 - Sanitary Sewer Service Cleaning and Televising awarded to Nezat and Associates in the not to exceed amount of $75,000.00 per year) 18. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for solid wade analytical testing; providing for the expenditure of funds therefore; and providing an effective date, (Bid #2271 - Annual Solid Waste Analytical Westing awarded to Certe: Environmental Laboratories in the estimated annual amount of $25,000.00) 19, Consider adoption of an ordinance providing for the expenditure of funds for purchase of i annual hard%sare maintenance for s; ccific police and fire related MIS computer systems which is available from only one source in accordance with the provisions of state law exempting such purchases from requirements of competitive bidding; and providing all effective date. (PO 487886 - Integrated Computer Systems Inc. (ICS) in the amount of $30,850.00) 20. Consider adoption of an ordinance awarding a contract for the purchase of Cisco Smartnet Software and Accessories as awarded by the State of Texas General Services I sill o- r X 2.U) ~ 32x111 01 0 R u R yCity of Denton City Council Agenda October fi, 1998 Page 4 Commission, Qualified Information Services Vendor (QISV) Catalogue; providing for the expenditure of funds therefore; and providing for an effective date. (PO #87889 to N I CS, Inc. in the amount of $24,510.00) 21. Consider adoption of an ordinance awarding a contract for the purchase of office furniture and accessories as awarded by the State of Texas General Services Commission; providing for the expenditure of funds therefore; and providing an effective date. (PO 488137 to Wright Line in the amount of $12,388.80 and PO 088138 to Wright Line in the amount of $6,514.49 -'total Award $18,903.29) 22. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving guidelines for operation of the City, of Denton Homeba) er A rslsfance Program and eli; ibility criteria; authorizing expenditures in excess of S I moo for projects meeting program guidelines and criteria; and providing an effective date. 23. Consider adoption of an ordinance approving guidelines for o(eration of the City of Denton Homeokner Rehabilitation Program for the purpose of reauthorizing expenditures in excess of $15,000 for projects meeting program guidelines and criteria. 24, Consider adoption of an ordinance approving guidelines for operation of the City of Denton Oplionol Reconslrucrion Program for the purpose of reauthorizing expenditures i in excess of $15,000 for projects meeting program guidelines and criteria. 25. Consider adoption of an ordinance for operation of the City of Denton Rental Rehabilitation Program and eligibility criteria, reauthorizing expenditures in excess of $15,000 for projects meeting program guidelines and criteria. VARIANCES 26. Consider approval of exaction variances from Section 34.114(5) and (17) conceming perimeter paving and sidewalks, respectively, of the Subdivision and Land Development Regulations for an 18.006-acre property. The property is located on the southeast comer of Hobson Lane and FM 1830 (Country Club Road). The proposal i3 to subdivide the property into three large residential lots, ranging from 2.6 to 10 acres, and one 21-acre lot for office development. (The Planning and Zoning Commission recommends • approval.) (UnJsUak:) ITEMS FOR INDIVIDUAI. CONSIDERATION 27. Consider a request to amend a portion of the approved concept plan for a planned development zone district (PD-120). A public heart ig for this request vvas opened and • closed by City Council on September 1, 1998. (The Planning and Zoning Commission • • l recommends approval 7.0.) (Z.-98-017, North Pointe) f 28, Consider adoption of an ordinc-ce amending Ordinance No. 94.183, and Section 2-29 of the Code of Ordinances and amending the Rul_s and Procedures of the City Council of the City of Denton by establishing the time for regular City Council meetings and I providing time limits for Council Members speaking on various agenda items. I )5.1a 32X1 El *mum 0 PNMM City of Denton City Council Agenda October 6, 1998 Page S 29. Consider adoption of an ordinance granting a licen- to Acme Brick Company for the purpose of maintaining and operating a natural gas pipeline within the public right-of- way of the City of Denton, Texas; providing for a license fee; providing for the regulation ' of the construction, reconstruction, maintenance, and use thereof, 30. Consider approval of a resolution recommending that the Denton Main Street Program be entered into the Great American Main Street Awards; and providing for an effective date, 31. Consider adoption of an ordinance authorizing the City Manager to execute a real estate contract with Ruth G. Kellum Estate, Billy 11. Kellum, Marcia L. Kellum, Michael W. Kellum, Barbara Kellum Reese, and Margaret Mays for the purchase of approximately 1.380 acre tract of land known as Parcel 6A, U.S, Illghway 77, Denton, Denton County, 'texas for the U.S. Highway widening project; authorizing the expenditure of funds therefore; and providing an effective date. (The Planning & Zoning Commission recommends approval 7-0) 32, Consider adoption of an ordinance authorizing the City Manager to execute a real estate contract with Ruth G. Kellum Estate, Billy H. Kellum, Marcia L. Kellum. Michael W. Kellum, Barbara Kellum Reese, snd Margaret Mays for the purchase of approximately 0,514 acre tract of land known as Parcel 6A(E), U.S. Highway 77, Denton, Denton County, 'texas for the U.S. Highway widening project; authorizing the expenditure of funds therefore; and providing an effective dale, (Vie Planning & Toning Commission recommends approval 7.0.) 33, Consider adoption of an ordinance authorizing the City Manager to execute a real estate contract with Ruth G. Kellum Estate, Billy IL Kellum, Marcia L, Kellum, Michael W, Kellum, Barbara Kellum Reese, and Margaret Slays for the purchase of approximately 1.185 acre tract of land known as Parcel 6B, U.S. I lighway 77, Denton, Denton County, 1 Iexas for the U.S. Highway widening project; authorizing the expenditure of funds therefore; and providing an effective date. (The Planning & Zoning Commission recommends approval 7.0.) 34. Consider adoption of an ordinance approving a real estate contract between the City of Denton and Debra Johnson (Morgan), Trustee of the Ilazel K. King Land Trust, relating to the purchase of 0.141 acres of land for the expansion of U.S. Highway 77 (Parcel 7); authorizing the expenditure of funds therefore and providing an effective dale. (]'he Planning & Zoning Commission recommends approval 7.0,) 35, Consider adoption of an ordinance approving a real estate contract between the City of i Denton and liillwood Investment Land, L.P., relating to the purchase of 0.164 acres of land for the expansion of U.S. Highway 77 (Parcel 8A); authorizing the expenditure of 0 funds thereWre; and providing an effective date, (The Planning & Zoning Commission recommends approval 7.0) 36. Consider adoption of an ordinance approving a real estate contract between the City of Denton and Ilillwood Investment Land. L.P., relating to the purchase of 0.149 acres of land for the expansion of U.S. Highway 77 (Parcel 8B); authorizing the expenditure of " ~5 32 x~~ 0 City of Denton City Council Agenda October 6, 1998 Page 6 funds therefore; and providing an effective date, (The Planning & Zoning Commission recommends approval 7.0.) 37. Consider adoption of an ordinance approving a real estate contract between the City of Denton and Charles Terry Willhoite, relating to the purchase of 0.080 acres of land for the expansion of U.S. Highway 77 (Parcel 30); authorizing the expenditure of funds therefore; and providing an effective date. (The Planning & Zoning Commission recommends approval 7.0.) 38. Consider adoption of an ordinance authorizing the City Manager to execute a professional services contract between the City of Denton and Kimley-Hom and Associates, Inc. for engineering services concerning the building of 9,680 feet of 20-inch water line along Bernard and James Street from Lindsey to Hobson Road: authorizing the expenditure of funds therefor; and providing an effective date. 39. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to enter into a Professional Services Agreement with Alan Plummer Associates, Inc. for professional services regarding Denton's wastewater treatment and solid waste disposal long term facility/land use planning evaluation and other professional engineering services regarding the Pecan Creek WRP; authorizing the expenditure of funds; and providing for an effective date. 40. Consider adoption of an ordinance authorizing the City Manager to execute a professional services agreement for Denton's hazard reductioalelimination study and assistance with risk management plan preparation for water imd wastewater plants with Carollo Engineers, P.C.; authorizing the expenditure of funds therefor; and providing an effective date. 41, Consider approval of a resolution directing the City Manager to notify the Upper Trinity Regional Water District of the City of Denion's desire to not continue its participation in the Lake Chapman (cooper Reservoir) Water Supply Project; disapproving the District's proceeding xith the project; and providing an effective date, 42. Consider appointing a voting delegate and an alternate voting delegate to the National League of Cilies Annual Congress of Cities. `G 43, Consider nominations and appointments to the City's Boards and Commissions. ` 44. Misc,llancous matters from the City Manager. 45. Nc%k Business O r I his item provides a section for Council Members to suggest items for future agendas. 46. Possible continuation of Closed Meeting under Sections 551.071-551.085 of the Texas Open Meetings Act, j 7.5 1❑ 32XIO s smusxa , aaa~na , f I City of Denton City Council Agenda October 6, 1998 Page 7 47. Official Action on Closed Meeting items held under Section 551.071-551.085 of the Texas Open Meetings Act. CERTIFICATE I certify that the above notice of weeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the _ day of , 1998 at --o'clock (a, m.) (p.m.) E CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL. CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349.8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING I.B00- RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. i I r S' S n ❑ 32 x ❑ AMMAN 1i fiJOalliq q~ -D35 - I~ MINUTES Apecda ko_ CITY OF DENTON CITY COUNCIL 4genda Item~~_. _1= Date June 9, 1998 Aflcr determining that a quorum was present and convening in an open meeting, the City Council convened in a closed meeting of the City of Denton City Council on Tuesday, June 9, 1998 at 5;15 p.m, in the Council Work Session Room at City Hall, 215 E. McKinney, Denton, Tetras at which 1 the following items wrre considered: 1, Closed Mecting: A. Consultation with Attorney-Under TEX. GOVT, CODE Sec, 551,071 L Met with City Attorney to consider strategy, discuss status, mediation and settlement of litigation styled Denson County /Iislorical Afaseunr, Ine. v, Denton Cougv, el at, Cause No. GC•98-00V,8-C filed in the Probate Court of Denton County, including, but not limited to issues related to allegations of breach of contract and ownership of artifacts, 2. Met with City Attorney to consider strategy, hiring of outside counsel, and 1 discuss possible conflict of imerest matters in litigation styled Edward Soph, Carol Soph, Dale Branum, Citi:cns for Ifealrhv Growth, and Jotre A. Poole v. City of Denton Zoning Board of Adjustment, Cause No. 98.1698-I6, filed in the 16'4 District Court of Denton County, a petitinn for writ of certiorari seeking a reversal of the Denton Zoning Board ofAdjustmrnt's action in the United Copper Industries, Inc, appeal. B. Conference with Employees - Under TEX. GOV'T. CODE Sec. 551.075. The Council received information from employees during a staff conference or briefing, but did not deliberate during the conference. Special Called Meeting of the City of Denton City Council on Tuesday, June 9, 1998 at 6:00 P.M. ` in the Council Work Session Room at City Hall, 215 E. McKinney, Denton, Texas at which the I following items were considered: i PRESENT: Mayor Miller, Mayor Pro Tcm Bcaslcy, Council Members Kristoferson, Burroughs, Cochran, Durrance, and Young A13SENT: None I. The Council considered adoption of an ordinance authorizing the settlement of litigation styled Denton Count , v Historical Aluseum, Inc, v Denton County, Texas and the City of Denton, Texas, et at, Cause No. GC-98-00098-C filed in the probate Court of Denton County; authorizing and ratifying the Mayor's execution of the Settlement Agreement dated June 4, 1998; authorizing the City Manager and the City Attomey 1o act on the City's behalf in executing any and all documents and to take other actions necessary to finalize the settlement and release of claims. City Attomcy, Herb Prouty, stated approval of this ordinance would give the City Manager and City Attomcy the authority to execute a settlement in the lawsuit with Denton County Historical Museum. , I ?tix0~ 32X a 01 0 :easre~ r City of Denton City Council Minutes June 9, 1998 Page 2 The following ordinance was considered: 98-171 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING SETTLEMENT OF LITIGATION STYLED DFNTON COUNTY HISTORICAL MUSEUM, INC. f:DF.NTO,VCOUNTY, TEXASANDCIFYOFDF.NTON,TEXAS, ET AL, CAUSE NO. GC-98-00098-C FILED IN THE PROBATE COURT OF DENTON COUNTY; AUTHORIZING AND RATIFYING THE MAYOR'S EXECUTION OF THE SETTLEMENT AGREEMENT DATED JUNE 4, 1998; AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO ACT ON THE CITY'S BEHALF IN EXECUTING ANY AND ALL DOCUMENTS AND TO TAKE OTHER ACTIONS NECESSARY TO FINALIZE THE SETTLEMENT AND RELEASE OF CLAIMS; AND DECLARING AN EFFECTIVE DATF. Durrance motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "ayc", Young "aye", Burroughs "aye", and Mayor Millcr "ayc". Motion carried unanimously. j I 2, The Council considered adoption of an ordinance authorizing the retention of Terry Morgan & Associates (Morgan) to provide a defense for the City of Denton Zoning Board of Adjustment (ZBA) and such other legal support required by the City of Denton in Cause No. 98.10388.16 in which the plaintiffs are Edward Soph, Carol Soph, Dalc Branum, Citizens for Healthy Growth, and Joyce A. Poole. j City Attorney, Herb Prouty, stated this would allow the City to retain Terry Morgan & Associates to provide legal services necessary to prepare a defense for the City for the lawsuit. The following ordinance was considered: 98.172 AN ORDINANCE AU7110RIZ.ING THE RETENTION OF TERRY MORGAN & ASSOCIATES (MORGAN) TO PROVIDE A DEFENSE FOR THE CITY OF DENTON ZONING BOARD OF ADJUSTMENT (ZBA) AND `UCH OTHER LEGAL SUPPORT REQUIRED BY THE CITY 01, DENTON IN CAUSE NO. 98- 10388-16 IN WHICH THE PLAINTIFFS ARE EDWARD SOPH, CAROL SOPH, DALE BRANUM, CITIZENS FOR HEALTHY GROWTH, AND JON CE A. POOLE; AND DECLARING AN EF'FEC'TIVE DATE, Cochran motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye", istoferson "ayc", Cochran "ayc", Durrance "aye", Young "aye", Burroughs "aye", and Mayor hr ~ Miller "aye". Motion carried unanimously. 3. The Council considered adoption of an ordinance authorizing settlement of a roof damage claim and authorizing the City Manager to accept the settlement and to execute a partial release of claims in return for payment of General Accident Insurance Company for roof damage by the contractor on the City }tall renovation contract. 32x~❑ A fh Y r 0 a~ i City of Denton City Council Minul;s June 9, 1998 Page 3 I City Attorney, Herb Prouty, stated that this would be a partial release of the claim for roof damage outside the City Council Chambers. The following ordinance was considered; i I 98.173 AN ORDINANCE AUTHORIZING SETTLEMENT OF A CITY HALL ROOF DAMAGE CLAIM; AUTHORIZING THE CITY MANAGER TO ACCEPT THE SETTLEMENT AND TO EXECUTE A PARTIAL RELEASE OF CLAIMS IN RETURN FOR PAYMENT BY GENERAL ACCIDENT INSURANCE COMPANY FOR ROOF DAMAGE BY THE CONTRACTOR ON THE CITY HALL RENOVATION CONTRACT; AND DECLARING fW EFFECTIVE DATE. Beasley motioned, Young seconded to adopt the ordinance, On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Burroughs "aye", anti Mayor Miller "aye". Motion carried unanimously. Following the completion of the Special Call J Session, the Council convened into a Work Session at which the following items Acre considered: 1. Lee Hicks, Safety and Training Coordinator, presented the Denton Municipal Electric's State Championship lineman rodeo teams. He introduced Craig Mankin, Brad Watts, Tim Kutas, Wes Gideon, J.R. Richardson, Matt Warschun and Kevin Strickland, 2. The Council received a report, held a discussion and gave staff direction regarding Phase I Impart Fees and 10-year Capital Improvement Plan from the consultant, Duncan Associates, Howard Martin, Assistant City Manager of Utilities, introduced Lee Head from Alan Plummer and Assoriates who went over the 10-year Capital Improvement Plan relating to impact fees. Head stated the improvements spread out over the next ten years throughout the city of Denton were a ncA water plant at Lake Ray Roberts, a wastewater treatment plant improvement, elevated storage tanks, and booster pump stations. He stated an estimated cost was determined for each project, An applicable cost to use toy ards the impact fee was then doxmined. Council Membcr Durance asked if the study by TRNCC was taken into account, Head stated yes. Ian, vs Duncan with Duncan Associates presented the preliminary results of the first phase of the f water and Aasiewalcr impact (cc study. The first phase covcred only the cost associated with supplies, centralized water storage, production and treatment facilities and wastewater treatment ~rM! facilities. The second phase covered Aater transmission and dislribution and wastewater collection facilities, and will be based on the preferred development scenario resulting from the comprehensive planning cfforl, i i 32X111 o 0 f City of Denton City Council Minutes June 9, 1998 Page 4 Mayor Pro Tcm Beaslcy asked if existing platted property had a one-year grace period and any land platted after would be subject to the impact fee, Duncan stated that any existing platted Jul had a one-year grace period to get a permit and get started. If they did not get a permit and get s'arted, then they would be subject to a fee alter 12 months. Brenda McDonald, legal consultant, slated the phase I fee was based on monies collected and could only be spent on certain improvements. Once a property was charged an impact fee, that would be the only fee collected. The City could not go back and charge a fee for a subsequent phase. McDonald stated that platting might not be the trigger for collection of fees. Some proferty might plat between phase I and phase 2, would be subject to phase 1, but might have a grace period for phase 2, Mayor Pro Tent Beasley asked what would happen if projected population increases were incorrect and there was no need for the new facilities, and the impact fees had already been collected, Duncan stated if the population figtres vere wrong and there were no new developments, there would not be any impact fees collected. Mayor Pro Tent Bcasicy asked,.vhat would happen if more property Acre annexed. Duncan stated it woula -ot matter. The collected monies would be spent on improvements. Council Member Young asked for the exemptions to be explained. How would they be implemented and how would they be figured into Denton's plan for impact fees. Duncan stated the Council could decide what they would allow and general fund monies could be used to reimburse the water department. McDonald stated that if existing residential development that was nit currently hooked to the water and wastewater system, purchased a meter when the lines were extended, the City could decide if they wanted to define that as a new development or Ahcthcr there was a health, safety and welfare issue that they would require them to hook on when the lines "ere extended. Because they were im existing single family development they would probably be older and smaller type homes, The Council would have to decide if they wiinted to include those types of folks as new developmeni and subject to the impact fee. McDonald stated that some cities collected the fce at platting. If the property "ere platted but did not dcvclop within 12 months, then the fee would be collected. She stated defining development would nr,~d to be discussed in order to draft the ordinance. 0 , Council Ni. mcr Burroughs asked if there had been a plat and it was ex,ianded, could impact fees X~ ba assessed only on the expansion. Duncan stated yes, x ~Cl 32 x~~ • 0 City of Denton City Council Minutes June 9, 1998 Page S Council Member Burroughs asked if there was an existing group meter like at a mobile home park and they wanted to go to single metering, did that have any impact. Duncan stated determining what was new development would need to be considered, The demand on the system would still be the same. It would depend on how the retail cosi was allocated on the system. Council Member Crchran asked if there were any examples anywhere where distinctions were made between profit making and non-profit making. Duncan stated not that he was aware of If a development could show that they would not use water or generate the wastewater, then the f,-e could be reduced accordingly. There were ways the fees could be reduced but they would be based on the demand for the sen ice and not on how much money they were making or not making. Mayor Miller stated that the purpose of this was to reallocate costs from current users paying for new development coming in and letting new development pay for itself lie asked what impact this would have on current ratepayers if the City did not e,nplement impact fees. Duncan stated that any new developments would encumber ibis cost. Council Member Young asked how a current user doing an update would be handled. Duncan stated that if they had an investment in the system, it would be a replacement issue. 1 he Council instructed staff to proceed with the Impact Fee Schedule as shown in the agenda packet. The Council received a report, held a discussion and gave staff direction concerning Residential Solid Waste automated collection and a public/privale partnership to dev; op a Materials Recovery Facility (MRF). I loward Marlin, Assistant City Manager of Utilities, stated there were baseline budget issues to be addressed. He recommended a no rate increase budget-a baseline budget. Fie stated thal lbere were two options available. Option la included a residential automated route and Option lb included a residential maiwal route. Both options included a roll-offroute addition, alternative daily cover and an after hours drop-off site. The Public Utilities Board also recommended a supplemental package for a public/private partnership to develop a Materials Recovery Facility (MRF). Charlie Watkins, Director of Solid Waste, slated there was a need to look at these issues due to an increase iu population 11c %jcnt over the residential .,,utcs and pointed out that they were at e maximum and changes needed to be made for the benefit of the employees. Residential routes 0 a%craged a little over 1400 households per day. The industry standard was between 1100-1200 1 households per day. This computed to 17$0 pounds an hour or 25-10 pounds per minute. The Public f Utilities Board agreed that something should he changed. Martin stated a decision needed to be made whether to continue with manual routes or switch to automated routes. Manual collection was labor intensive and prone to injury, Ile stated the department had an excellent safety record; worker compensation claims were low, r ~5~] 32xI❑ +i 0 City of Denton City Council Minutes Iune 9, 1998 Page 6 Watkins stated a lot of localities had gone to automated collection-one man and one truck with e special container at the household. M optimal route would be 1000 households per day. The automated system was not quite as productive as manual collection. He stated the turnover rate of personnel was high and wages at entry level were low compared to market. He stated it was difficult to attract personnel and keep them, Council Member Cochran asked what was the size of the container on automated collection, what the frequency of collection would be, and the ease of use for the elderly, Watkins stated that 90-gallon containers or 60-gallon containers could be used. He stated that the department had always maintained a list of shut-ins or elderly who could not handle their containers and arrangements were made to assist them and would continue to do so. He stated they anticipated maintaining twice a week service irthe automated system was started, Some areas of tow.t would be virtually impossible to use automated collection; probably 40% of the town could not be automated. Council Member Cochran asked if the container would be placed in the street or in the right-of-way. Watkins stated container would be placed curbside, Council Member Young asked how many three-man crews there were now. Watkins stated there were six three-man crews. Council Member Young asked how many jobs would be lost if the automated collection was put in use. Watkins stated they would not lay off anyone. He stated a route would be added and one full time and one part time person would be added. Council Member Young asked if there would be a rate increase, Martin stated that there would not be a rate increase. Mayor Miller asked i f the automated route was more expensive than a manual route. Martin stated the automated route would be more expensive. „w Council Member Young asked if existing trucks could be modified, 0 Martin stated they had looked at modifying existing trucks and it was not cost of active. 0 0 JV Council Member Burroughs asked if the life of a vehicle was figured at five years. Martin stated they hoped to get seven years out of them, ;r:T. ?SxIQ 32XI0 i 7CPdlA7 r • O City of Denton City Council Minutes June 9, 1998 Page 7 I Council Member Burroughs suggested increasing the base rate of pay of entry-level personnel and fund another rouse with the difference between the manual and automated route. He asked about loss of damage of containers on the automated system-would the homeowner be responsible for the container if it was lost. Watkins stated the homeowner would be responsible for the container. Mayor Pro Tom Beasley stated that she had received a lot of compliments on the City's solid waste collection. She asked how bulky items would be picked up. I` Wokins stated they would have to send another truck to pick up those items. Mayor Pro Tom Beasley stated it was best to stay with manual routes and not jeopardize the level of service. Mayor Miller stated now was not the time to change the level of service provided. Council Member Cochran stated it was best to wait on the automated system and look at raising sonic salaries. Council Member Young staled the level of service sbould be maintained and suggested raising the entry level salaries, Consensus of the Council was to stay with the manual collection trucks. Martin briefed the Council on the Materials Recovery Facility (MRF). lie stated a baseline scenario would be bringing the MRF online with no rate increase anticipated for the first four years. He proposed using the asset of the landfill to consider collection of trash outside the Denton community. Materials Recovery Facility (MRF) was aprocessing facility to which solid waste would be brought, dumped on the floor, ran through a sort line, recyclable materials removed, and the solid waste bat ~d. He stated this use of the landfill could produce some revenue for the City. Council Member Cochran asked if the MRF could pay for itself if solid waste collections remained in Denton. Martin stated no. Ile stated the break-even point would be 35-40,000 tons. t j COnnCll Mcmber Young asked how much could be made from recycling and how much could be made bringing solid waste in from other cities, • Martin went over the revenue potential. • • Council Member Burroughs asked if the issue of compaction and baling techniques were tied to MRF. Martin slated yes. Council Member Burroughs stated that the City should do whatever it could to expand the silo life, ~5 =:10 32 X I O WA, o 0 w City of Denton City Council Minutes June 9, 1998 Page 8 Mayor Pro Tern Beasley stated this would extend the life of the landfill for about 20 years. She stated that more and more people were asking about curbside recycling and asked how the price on recyclables would affect this. Martin stated if the City processed more through the facility, it would make more money. If the price on recyclables went up, the City would make more money. Council Member Cochran asked what the length of the contract would be. Martin stated 10 years. Consensus orthe Council was to proceed with the h:.tcrials Recovery Facility. 4. The Council received a report, held a discussion and gave staff direction regarding an update of the City of Denton Workforce Diversity Plan (FY 1991/98 to 2001102), Paulette Owens-Holmes, Director of Human Resources, provided the Council an update on the Workforce Diversity Plan. Council Member Young asked her to explain the off-site pilot testing program. Holmes stated that presently all fire righter testing was done at the City of Denton. Through this program, the City could go to the University of Houston where there was a high minority rate and conduct the test on-site so as to be able to enhance our minority eligibility list. Slayor Pro Tern Beasley stated she was pleased to see how much diversity some of the departments had. Mayor Miller stated it was an excellent report and hoped everyone understood that the City was committed to workforce diversity. Council Mcmber Krisloferson stated she was pleased to see the male/female diversity, Council Member Young stated that there were twice as many minorities working at the City since City Manager Bcnavides came to work for the Cily. He said he wanted to thank everybody for working on this, 5. The Council received a rcpon, held a discussion, and gave staff direction regarding the 1998- 2003 Capital Improvement Program as recommended by the Planning and 7,oning Commission, Jon I'orlune, Director of Budgcl, stated that year 1998-99 of the proposed 1998.2003 CIP represented the last year orthe five-year CIP approved by voters in 1996. He stated the five-year S proposal would help facilitate the process to develop the next bond program. He stated that the Council might wish to appoint another citizen advisory committee to loci, at the next bond program, The Capital Improvement Progran had two main components. First was the General Government CIP which were projects that were non-utility related such as streets, drainage, parks, airport, and General Go%emmcnt facilities. These projects would be funded through general obligation bonds, i certificate of obligation funds, or other financing methods, Second was the Utility CIP, which were 4W .19 ~M10 32XIO 1 norm" O r4o"M City of Denton City Council Minutes June 9, 1998 Page 9 projects that benefited the City's enterprise funds such as the Electric, Water, Wastewater, Solid Waste, and Fleet Service departments. These projects would be funded through revenue bonds or other methods. 6. The Council received a report, held a discussion, and gave staff direction regarding the interim Corridor Ordinance. Cecile Carson, Planner, gave the Council an update on the Corridor Ordinance and stated that changes had been made to the proposed ordinance as Council had requested at the first public hearing. She stated the revised schedule would depend on the Council's determination on the notice, She siatol that a notification process would have to be followed and there were two options for notification. The first option was to send a notice to each property owner within 200 feet of the property on which the change in classification was proposed. Research indicated the number of notices would be over 2400. The Planning and Zoning Commission would hold a public hearing on July 8 and the City Council would hold a public hearing on July 21. The second notification option was for the Council to hold ajoint public hearing with the Planning and Zoning Commission. If this were the direction the Council wanted to take, the written notice to property owners would not be required. Council would take action on June 16 to prescribe the public notice and a joint public hearing with the Council and the Planning and Zoning Commission would be on July 21. The attorneys recommended option two. Mayor Miller asked if this applied to all property along the proposed corridor. Carson slated yes. Council Member Durrance suggested going with option two, Mayor Pro Teri Beasley expressed concern that actual property owners were not going to get notification. Council Member Cochran agreed with Council Member Durrance and Mayor Pro Tem Beasley. fie felt both options -Acre needed together. Mayor Miller sta'.cd property owners should be not! fled. Consensus of the council was to proceed with notifying property owners within the tone and holding a joint public hearing with the Planning and Zoning Commission. 7. The Counc! I received a report, held a discussion and gave staff direction regarding public comments received during the Alternative Development Scenarios public meetings, 1 O Nancy McBeth, Planner, reported approximately 150 people attended the six public meetings held. 0 h, Twenty-one surveys were rctumcd. Comments were delivered in Council's packets. She presented oN o options to the Council, She stated option one was to proceed with the process as contracted with RUSTlIIOK Limited public comments would be used to identify patterns consistent with the Denton Plan Policies. Option two included an alternate schedule and provided more public meetings n order to obtain more citizen input. This would delay the schedule one month. It also included a planning chart prepared by the consultant about the preferred scenarios. 2s 10 32XIO MOM o , P ' City of Denton Ciy Coun: iI Minutes June 9, 1998 Page 10 Council Member Cochran asked what reaction was received to the population forecast of 230,00. McBeth stated there were some negative and some neutral reactions. Council Member Cochran stated he favored option two. Council Member Young stated most people were interested in today and maybe five years down the road, not 20 years down the road, Mayor Miller stated the Council needed to decide whether to plan for this or just wait until the population reached 230,000. Council Member Durance thought citizens were confused about different scenarios. He thought a plan should be developed and then let citizens know what was going on. He was in favor of option one. Mayor Pro Tcm Beasley thought people were confused. She was in favor of option two. Council Member Krisloferson slated there would be other opportunities to get the public's opinion. Council Membct Young felt that 150 people was not indicative of the community's opinion. He thought more citizens needed to be involved and felt one more attempt should be made. Council Member Burroughs stated that the best coalition of ideas should be developed and presented to the public. Svehla stated staff would visit with each Planning and Zoning Commission Member and Council Member, RUST/FIOK and staff would incorporate Council's suggestions into a scenario, public meetings would be held in each district, and then it would be brought back to council. 8. The Council received a report, held a discussion, and gave staff direction regarding cable television rates. (The C'ablc Television Advisory Board recommended approval of C2 Consulting's recommended maximum permitted rates (6-0) on May 27, 1998) S Richard Foster, Public Information Officer, stated the City was certified to regulate rates for basic cable scr ice, associated equipment, and the hourly service charge. Marcus' proposed rates went into effect on June 1, 1998. Foster stated the Council had three options. The first option was to approve the rates proposed by Marcus. Option two was to lake no official action and allow Marcus' rules to stand as implemented. Option three was to reject or modify the prnpused rates and issue a rate order adopting the rates as recommended by C2 Consulting. If the Council selected option three, Marcus could accept the modified rale, and issue any overcharges to subscr.'bers as a refund 0 or appeal the Council's decision to the FCC. Council directed staff to bo with C2 C'onsulting's recummendation, 9. The Council received a report, held a discussion, and gave staff direction regarding the results of the supplemental budget priority questionnaire with City Council. * K C - f f I ' suca" .•m. ltkk:"~fi:~~~R'v".: .r13,, •t MY'ai J'rvrv v.. i.,..~. r City of Denton City Council Minutes June 9, 1998 E Page l k ~ .E Jos Fortune, Director of Budget, presented Council with the results of the budget priority C questionnaire. Results were ranked by priority and effort rating. f With no further business, the meeting was adjourned at 10:50 p.m. JACK MILLER, MAYOR CITY OF DENTON, TEXAS JANE RICHARDSON DEPUTY CITY SECRETARY CITY OF DENTON, TEXAS A f ' r Y ` f ` M1 Y . I t ~f I"S f J ~ I kf r: liy r' "d,,99kk7 0 . % 10 r[ YR17uI~ taJ x' 0 y + V t, gnaw= a 1 r i CITY OF DENTON CITY COUNCIL MINUTES JUNE 16, 1998 After determining that a quorum was present and convening in an open meeting, the City Council convened in a Closed Meeting on Tuesday, June 16, 1998 at 5A5 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Miller; Mayor Pro Ten Beasley; Council Members Cochran, Durrancc, Kristoferson, and Young. ABSENT: Council Member Burroughs 1. Closed Meeting: { A, Conference with Employees-Under TEX. GOV'T. CODE Sec. 551,075. The Council received information from employees or questioned employees during a staff conference or briefing, but did not deliberate during the conference. The Council convened into a Regular Meeting on Tuesday, June 16, 1998 at 7:00 p.m. in the Council Chambers of City Hall. PRESENT: Mayor Miller; Mayor Pro Tern Beasley; Council Members Cochran, Durrance, Kristoferson, and Young. ABSENT: Council Member Burroughs I. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas flags. Pre saritallonslAw ards 2, Proclamations D Mayor Miller presented the following proclamations; Amateur Radio Week Recreation and Parks Month CITIZEN REPORTS • Q Q 3. The Council received a report from Mickey George regarding an update on advertising fliers on utility poles in the Fry Street area and surrounding neighborhoods. w~~: ~Q 32xl❑ • City of Denton City Council Minutes j June 16, 1998 ! Page 2 Mr. George stated that there was an ordinance against posting fliers on utility poles in the City. He noticed that there were many handbills posted on wooden utility poles, metal utility poles and anything that a flier could be posted on. This was a concern to anyone interested in beautifying ' Denton. He understood that the City Manager had dir. ted all City employees that it was part of their job to remove these types of fliers. On two different occasions he had taken the time to remove as many fliers as he could in the Fry Street area. It appeared to him that the number of fliers on the poles was decreasing as more and more were removed and the businesses were contacted about not doing this. 4. The Council received a report from Edward G. Burckart regarding the wind device ordinance. Mr, Burckart was not present at the meeting. 5. The Council received a report from Kevin Bradshaw regarding the wind device ordinance, Mr. Bradshaw was not present at the meeting, 6. The Council received a report from Dessie Goodson regarding a memo dated 6/5/98 from the City Manager to the City Council regarding his. Goodson's appearance at the May 19, 1998 Council mcctin3. Nis. Goodson slated the memo indicated that repairs on Greg Street would cost approximately $7,000. New sidewalks were recently installed from University to Pearl Street and on Greenlee. There had to be money for the sidewalks on Greg as the City had $700,000 to revitalize downtown. The memo indicated that she owed 5297 for her utility bill. She did not have a water leak at her home. The City refunded her money for one bill. She presented information regarding her utility bill and felt that the City was wrung about what she owed. CONSENT AGENDA Beasley motioned, Cochran seconded to approve the Consent Agenda and the accompanying ordinances. On roll vote, Beasley "ayc", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aycYoung "aye", and Mayor Miller "aye". Motion carried unanimously. • 7, Tax refund to Union Camp in the amount of$11,953.36. I 8. NO. 98-174 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A A CONTRACT FOR GROUNDWATER MONITORING WELLS; PROVIDING FOR TI IE ENPLNDITURES OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE C >l r DATE. (Bid #2204 - Groundwater Monitoring Wells awanicd to ETTL Erginecrs & 711x Consultants lne. in the amount of $5; 150.00) x,. 32XID SWEEL All I s U 1 City of Denton City Council Minutes June 16, 1998 Page 3 9. NO. 98-175 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE COUNTY OF TARRANT RELATING TO PARTICIPATION IN VARIOUS TARRANT COUNTY CONTRACTS WHICH PROVIDE FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES; AND DECLARING AN EFFECTIVE DATE. tFile #2231 - lnterlocal Agreement with Tan ant County) 10. NO. 98.176 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE ORDER WI1H HOUSTON-GALVESTON AREA COUNCIL OF GOVERNMENT (HGAC) FOR THE PURCHASE OF A POLICE SEDAN BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AUTHCRIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (Purchase Order #85606 to HGAC in the amount of $20,679.66) I). NO. 98-177 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE P PROFESSIONAL SERVICES AGREEMENT WITH CASTLEMARK CONSULTING, INC. FOR CONSULTING SERVICES RELATING TO THE APPLICATION OF SOFUNVARE PRODUCTS ON THE MAIN FRAME COMPUTER SYSTEM; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (Purchase Order #85608 - Castlemark Consulting, inc. in the amount of $35,200.00) 12. N.;. 98.178 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT TO UPGRADE AUTOMATED CONTROL CAPABILITIES OF THE ELECTRIC SYSTEM SCADA FOR IMPROVED A ELECTRIC LOAD MANAGEMENT WIIICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (Purchase Order 485607 - Advanced Control System in the amount of 5174,665.00) ~ 13, N0.98-179 A • AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A gP CONTRACT FOR THE PURCHASE OF T%A'O (2) PUMPER FIRE TRUCK APPARATUS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; 32x El I Ib I - to 6 n ' '@2fE11! I ~ I Ir City o r Dcnton City Council Minutes June 16, 1998 Page 4 ~ I AND PROVIDING AN EFFECTIVE DATE. (Bid 41190 - Pumper Fire Truck Apparatus awarded to Fire Storm Fire Apparatus and £quipmenUKME Fire Apparatus in the amount of $551,976.00) i 14. N0.98-180 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A PRIMARY METER SET ENCLOSURE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (Bid #2212 - Primary Meter Enclosure awarded to Cummins Utility Supply in the amount of $20,325.00) 14. NO. 98.181 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF ELECTRIC SUBSTATION STEEL, SWITCHES AND BUSS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (Bid #2214 - Arco Substation Phase II Steel, Switches and Buss in the amount of $73,785.00 awarded to Dis•Tran Corporation) 16. NO. 98.182 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY OF DENTON WITH DIETER SCH WARZ, TERRAIBAIN, INC., AND NR & R1 PROPERTIES, L.P., RELATING TO PURCHASE OF PROPERTY IN LAKEVIEW RANCH FOR A SEWER LIFT STATION AND STREET RIGHT-OF-WAY AND THE CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. 17. NO, 98.183 w AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURk IIASE OF FURNITURE FOR CITY HALL RENOVATION PROJECT il; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (Bid 42210 - Furniture - City Hall Project 11 m%ardcd to Wells Furniture For Business in the amount of 5309,593,54) , ~ 18, N0.98.184 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND THE 0 r., ' J `i City of Denton City Council Minutes June 16, 1998 Page 5 MORRISON MILLING COMPANY TO EXTEND THE LEASE FOR WAREHOUSE SPACE TO A THIRD TERM; AND PROVIDING AN EFFECTIVE DATE. ! 19. NO. 98-185 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE CHILDREN'S TRUST FUND OF TEXAS TO OBTAIN A GRANT FOR A FAMILY RESOURCE CENTER; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT WITH THE CHILDREN'S 'T'RUST FUND OF TEXAS FOR A FAMILY RESOURCE CENTER, r AND PROVIDING AN EFFECTIVE DATE. 20. NO, R98-027 A RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXECUTION OF AN AMENDMENT NO. I TO THE AIRPORT PROJECT i PARTICIPATION GRANT FOR STATE ASSISTED ROUTINE MAINTENANCE BETWEEN THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF TRANSPORTATION RELATING TO THE DENTON MUNICIPAL AIRPORT; AND PROVIDING FOR AN' EFFECTIVE DATE. PUBLIC HEARINGS 21. The Council held a public hearing and considered approval of a request to change zoning from an Agricultural (A) zoning district to a One-Family Dwelling, conditioned, (SF-7(c]) zoning district classification and use designation. The 32.745-acre tract was located in south Denton, north of Flickory Creek Road, approximately 1,500 feet west of FM 2181. Single family residential development was proposed, (The Planning and Zoning Commission recommended t approval5.O) (Z-97.034) r Dave Hill, Director for Planning and Development, detailed the location of the proposal as indicated in the agenda materials, The action requested was to change the zoning from agricultural to Single-Family, 7 conditioned. The land use density and intensity of the potenti %I dcN clopmcnt appeared to be consistent with the Denton Development Plan. It also was consistent with surrounding zo-. ng. The conditions recommended were that inclMdual lots along the eastern and western boundaries of the property would be a minin um of 10,000 square feet and the balance of the lots would be a minimum of 7,000 square feet interior and on the + north and south sides. A bufferyard would be required along the eastern and Acsicm boundaries of the property. The details of such "ere included in the agenda materials. 0 Council Mcmber Cochran asked how many 10,000 square foot lots would be developed. ~ O • )fill replied that an estimate would be 30 of such lots along rich side. s'qq Nze 0 ,ow." I City of Denton City Council Minutes June 16, 1998 Page 6 Council Member Kristofcrson asked if the City or County maintained Hickory Creek Road. Hill replied that the City maintained that road. Council Member Kristoferson asked how many 10,000 square foot lots had been approved for the a -a. Hill replied approximately 6,000-7,000. The Mayor opened the public hearing. Mark Weatherford stated that approximately 33 of the total lots would be SF-10 out of approximately 110 lots. They had the support of the property owners to the east and west with the bufferyard on both sides. The property owner to the north also supported the proposal. Mayor Pro Terri Beasley stated that the drainage issues would be addressed during platting, Weatherford replied correct. Council Member Kristofcrson asked about drainage in the area. Weatherford stated that there was an area where 3.4 feet of water would collect during a very hca~y rain. He stated that this development along with the development to the south would work out a drainage plan using a box system of culverts during the platting stage, No one spoke in opposition. I he Slayor closed the public hearing. Council Mcmbcr Kristofcrson stated that she would prefer to see a detailed plan prior to the platting is it was not known where the streets would be placed, how the drainage would be dealt with and what the traffic studies were, lack Svchla, Deputy City Manager, stated that there were subdivision regulations that would ploce certain requirements on the developer, Council Mcmbcr Kristofcrson asked if those details would be seen by Council. Svchla replied not in straight zoning as it was done in platting. If the proposal was a planned development, [hose details would be seen by Council. Council Member Kristofcrson asked that if the proposal were a planned development, Council would see it in that form, 25 10 32XIO ' i ~ ~ ' ~atYrlttlt~liL- 0 , 0 i I City of Denton City Council Minutes June 16, 1998 Page 7 Herb Prouty, City Attorney, stated that Council could not change the proposal to a planned development at this meeting. It would have to be renoticed and heard again at the Planning and ~ r Zoning Commission. Mayor Miller expressed concern about a change in the rules for developers and their zoning requests. Was the Council suggesting that the proposals had to be planned developments rather than straight zoning. If so, that was a fundamental change of the ground rules under which developers were working. i Hill stated that a planned development allowed for a greater amount of detail to be reviewed by Council. A developer had a choice on what type of application to request. Council Member Kristoferson expressed concerns about mitigation of the drainage as there wa3 nothing in writing at this point in time. The size of the roads within the subdivision and the layout of those roads were also not known. I The following ordinance was considered: NO. 98-186 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE ONE FAMILY DWELLING, CONDITIONED (SF-7[C]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION WI1Ii TWO CONDITIONS FOR 32,745 ACRES OF LAND LOCATED ON THE NORTH SIDE OF HICKORY CREEK ROAD, APPROXIMATELY 1,500 FEET WEST OF F.M. 2181; PROVIDING FOR A PF,NALIY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS TIlLREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Beaslcy seconded to adopt the ordinance. On toll vole, Beasley "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "nay", and Mayor Miller "aye". Motion carried with a 5.1 cote. 0 22. The Council held a public hearing and considered rezoning 4.873 acres from a Multi- Family One (NIF•1) zoning district to a Planned Development (PD) zoning district. The property was legally described as the southern five hundred and Iwentysix (526) feet of Tract 288 of the Eugene Puchalski Survey and was located between 1.35 North and Bonnie Brae Strict and Scripture Street and Wcst Oak Street, directly west of the Denton Community Hospital complex. The purpose of the rezoning was to provide additional parking, office space, and a helipad for the hospital, (The Planning and Zoning Commission recommended approval 5-0 with conditions.) 0 (Z•98.022) Dav'C i lill, Director of Planning and Development, stated that the requested change in zoning was from Multifamily I to planned development. It was intended to allow the applicant to construct .32 x a 0 i City of Denton City Council Minutes June 16, 1998 Page 8 { i an office building, locate a parking lot on the site and construct a liclipad. The Planning and Zoning Commission had recommended approval with the two conditions that 17 trees to the north and south of the helipad be removed to ensure the safety of the helicopter approach to the helipad and that a second access drive be provided from the Denton County MHMR Center. The 1988 Denton Development Plan showed that the property was within a moderate activity center and the matrix showed that it was consistent with all but the land use diversity issue. The original site plan had access from the rear hospital parking lot that looped around the proposed office building. In conjunction with that was the proposed landscape plan that far exceeded the requirements of the landscape ordinance. A second version of the site plan was submitted which showed the Planning and Zoning Commission's recommendations. That version showed a I change in that there would be a point of access from the Denton County MHMR property. The Director of the MHMR Center had been authorized to enter into negotiations to secure the access. The second site plan also showed the removal of the trees on the north and south as recommended by the Planning and Zoning Commission. Even with the reduction in the trees, the landscape ordinance requirements were met. Council Member Cochran asked how close the helipad was to the Vintage Apartments and the other apartments in the area, liisi stated that it was approximately 200.300 feet from the buildings, Council Member Cochran asked shout the trip generation and the fact that it was not directly adjacent to a pub?ic street. He questioned if the generation been added to the Denton Community Hospital numbers. Ilill stated that there was an access drive along existing parking and the emergency area spaces along the southern property line of the hospital, The existing location would be over a culvert and there was sonic concern that access might at sonic time be blocked to the helipcd, That was the reason for the recommendation for a second entrance Council Ivlembcr Cochran felt that there might be problems with the traffic going through an adjacent parking lot and not having direct access to a street. The Mayor opened the public ,scaring, Charles Krock, engineer on the project, stated that he would respond to any technical questions the Council might bavc regarding the proposal. The spaces along the southern property line of the hospital indicated that the helicopter flights would not be coming in over the apartments but would be arriving from the north whcncver possible. r I inr Charles, Denton Community hospital, stated that currently the helicopters landed in the p parking lot of the hospital and the backyard of the Vintage and the helipad would be a much needed improvement. 4 The Mayor closed the pul,t.c hearing. d. o 32X I O LIL e OWN" 0 w City of Denton City Council Minutes June 16, 1998 Page 9 The following ordinance was considered: NO. 98-187 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM MULTI-FAMILY (MF-1) ZONING DISTRICT CLASSIFICATION TO PLANNED DEVELOPMENT 166 (PD-166) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 4,873 ACRES OF LAND SURROUNDED BY I.35 NORTH AND BONNIE BRAE AND SCRIPTURE STREET AND WEST OAK STREET; APPROVING A DETAILED PLAN AND A LANDSCAPE PLAN FOR DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Kristoferson motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Jl Cochran "aye', Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "Aye". Motion carried unanimously, 23. The Council held a public hearing and considered rezoning 2.297 acres from a Commercial (C) zoning district to a Multi-Family One (MF-1) zoning district. The property was legally described as part of Tract 350 of the Alexander Hill Survey and was located on the south side of 1.35 East, to the north of Londonderry Street, and between Sam Bass Boulevard and Teasley Lane. The proposal was to develop a multi-family complex. (The Planning and Zoning Commission recommended Approval 3-0.) (Z-98.025) Da%c Bill, Director of Planning and Development, stated that this item was a rezoning of a 2,297 acre tract from commercial zoning to multi-family I. The property was zoned commercial in 1983 And had remained undeveloped since that time. The property was not platted and would need to be platted prior to any development, The applicant owned 4.155 acres just south of this site that was already zoned and platted multi-family 1. Street access would occur through Jason and could extend to the 135E frontage road that was one-way east. The roadway access was considered to be adequate to handle the proposed development, Sidewalks and drainage improvements would be required. No neighborhood meeting was held. Council Member Kristoferson stated that the extension of Jason was not advisable due to the fact that it could join the access road at a point of an exit ramp. She questioned if the development could be done without Jason connecting to 135, Rick Svchla, Deputy City Manager, stated that staff did not recommend the extension of Jason. • The small site already had an Access to Jason but more In terms of a private drive rather than a • • straight through access. Staff would not recommend a straight through movement through 1 Londonderry to 135. The Mayor opened the public hearing. I❑ 10 32 x ~,w e gnu" O r4 City of Denton City Council Minutes June 16, 1998 Pago 10 Patrick Connors presented a proposed layout of the development. Breakaway gates would be , placed for emergency vehicles. No one spoke in opposition. The Mayor closed the public hearing. Council Member Kristoferson stated that she was going to make a motion to deny the proposal. It had been mentioned that the City needed to diversify the tax base and cut down on multi- family and residential dcvciopmcnt and expand the tax base to offer employment centers for residents. There was a large amount of multi-family zoning already in the area. She would l prefer to have it remain commercial rather than additional residential zoning. Kristoferson motioned, Durrance seconded to deny the request, j Mayor Pro Tcm Beasley stated that she would be voting against the motion. There was already multi-family in the area and a small portion of the proposal was on the highway. The property was near UNT and this was the type of housing that students needed. She did not think commercial would be developed in the interior portion of the property. Mayor Millcr stated that he too would be voting against the motion. Council Member Durrance slated that this proposal was located on a scenic corridor. Densily was a concern as was the traffic flow'. He felt that (his proposal emphasized the problems with overlay zoning for entrances, etc. On roll vote, Bcaslcy "nay", Cochran "aye", Durrancc "aye", Kristofcrson "aye", Young "nay", and Mayor Miller "nay", Motion failed with a 3.3 lie vote. Beasley motioned, Young seconded to approve the proposal, On roll vote, Beasley "aye", Cochran "nay Durrance "nay", Krislofcrson "nay", Young "aye', and Mayor Miller "aye". Motion failed with a 3.3 lie vote. Nla)or Miller slated that under the Council's Rules of Procedure a tie vote automatically placed the item on the next agenda when a complete Council was present, 24. The Council held a public hearing and considered approval of an amendm^nt of a detailed plan within a Planned Development (PD-87). The 4,708-acre tract was locateu „ , uth Demon on the west side or L. man Miller Parkway, between 1.35E and SouthHdge Dri the currenl detailed plan w'ns for single-family residential development; office development was a , 1 proposed. ('the Planning and Zoning Commission recommended approval 3.2) (Z-98-023) Dave Hill, Director of Planning and Development slated that the action requested was approval of in amended detail plan for a portion of PD-87. The land use intensity concentration and strip 32X1 [j F 0 Comm U „gym City of Denton City Council Minutes June 16, 1998 Page 11 commercial criteria were consistent with the 1988 Denton Development Plan. The traffic design, intensity, green space and neighborhood input criteria were compatible with surrounding development. The Planning and Zoning Commission recommended twelve conditions that were included in the agenda materia's and were similar to previously approved office developments in the general area. The major access to the planned development would be central to the planned 1 development lot. There was also an emergency fire access to Southddgc Drive but it would not be an available access route for regular traffic. A breakaway gate would be installed in that area. A twenty foot buffer strip would be installed on the property. There were some inconsistencies between the Planning and Zoning Commission recommendations and the revised detailed plan. The uses recommended by the Planning and Zoning Commission were limited w professional, medical, dental or business administrative services, small animal clinic or public park or open space, There was a difference between the recommendation from Planning and Zoning and the developer regarding floor area or roof area that should not make a large difference to the development. The exterior walls would be built of brick, brick veneer or other masonry materials. The detailed plan also did not include a requirement of 12 trees per 100 linear fed to be planted or maintained in the bufferyard and 33;/0 or more had to t e large trees with a large fence (no less than 6 feel in height). The 20% rule did not apply for this case and there was a response from a property owner outside the 200 feet who was in opposition. The Planning and Zoning Commission approved the proposal with concerns about the traffic on Lillian Miller and concerns on whether the buffering would adequately address the adjacency issue for the single- family residences. Council Member Kristoferson questioned that if the single-family residences were allowed to continue to be zoned, would the curb cut access be allowed on Lillian Miller, Mark Donaldson, Assistant Planning Director, stated that the current detailed plan had two access points on Lilliati Miller and one on Southridge to access two single-family lots that fronted on Southridge, There would be a private road on the property to provide the access to the other eight single-family lots. Council Mcniber Krio,,fcrson asked if the proposal would be at least 5o%ofgreen space, IN stated that between the landscape buffer and the maximum square footage, it would be well over the 20°16 requirement of the landscape ordinance. I i Council Member Kristoferson expressed a concern with the ten single-family residences that %%onid be remaining on the 4.6 acres on the south. At the neighborhood meeting, it was exp :sscd that decd covenants would be written to protect those lots. She questioned if that would happen to those decd covenants at the time of sale, hill stated that deed covenants were private agreements between the property owner and the 0 prospective buyer. the City did not recognize those as being either in compliance or not in r~ compliance with tnunicipal regulations. . MP, ya „ 5 . I~ 32 x I Q 0 M "SWUM City of Denton City Council Minutes June 16, 1998 Page 12 Herb Prouty, City Attorney, stated that the City could not enforce private deed cover ants and did not regard them in the process of evaluating the zoning or the conditions on the z,)ning. The private parties could enforce them. The Mayor opened the public hearing. Dalc Irwin stated that he was proposing an office development on this tract. The zoning issue was just for the northern part of the property. This would be a small, low density office building complex. This proposal would be very similar to the Carroll Boulevard project that he built with the exception that the proposed complex would consist of one story buildings instead of two, it was felt that this complex would be the best use of the land that fronted Lillian Miller as it was felt that single-family homes would not be developed along the front of Lillian Miller. Mayor Miller asked about the differences between the detailed plan and the Planning and Zoning Commission recommendations. Irwin replied that the main issue was that 6,000 square feet per roof area was more of a design question. If a building were designed properly, entrances would be built that were covered by a roof. It would be preferred to not have those designs included in the building area. He would r prefer the 6,000 square feet of floor area. Mayor Miller asked if there wcre any other items that differed. Hill stated that the Planning and Zoning Commission limited the uses to professional, medical, dental or business administrative smices, The applicant had proposed a wider variety of land uses, Twin indicated that he did not have a problem with the uses as proposed by the Planning and Zoning Commission. Mayor Miler asked if there were any post-Planning and Zoning Commission issues that had to be dealt with, Hill slated that staff would be acceptable with the 6,000 square feel of floor area. Craig Irwin stated that it was felt that this was the best use of the property due to other zoning in the area. It was felt that Southridge Drive would be a good breaking point in the zoning. A neighborhood meeting was held May 21" and as a result, the proposal was changed, George Gibson spoke in support of the proposal. • Akin Whaicy, Brennan Gourdic, Eliiabclh Gourdie, Ann Marchand, Paul Baris, and Jancll • Trachla spoke in opposition. Windy Harris, and Marcilla Collinsworth presented speaker cards in opposition but did not wish to address Council. t ' 7h I 32XIEI 0 0 , City of Denton City Council Minutes June 16, 1998 Page 13 Ttie petitioner was allowed a five-minute rebuttal. Craig Irwin stated that notices were sent out for a second neighborhood meeting for June 10th and they had asked for phone calls with questions or concerns. No one came to that second meeting, He indicated that some of the people who had made comments in opposition to the proposal were the same individuals who had contacted them to purchase the properly and had asked for no restrictions for offices. It concerned him that behind the scenes, those individuals had asked them to sell the property and keep the restrictions off so that those individuals could build offices on the same property. Previously built homes were sold without a reduction in value when other offices were built in the area. The Mayor closed the public hearing. The following ordinance was corsidcred; NO. 98-198 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 93-232 TO PROVIDE FOR AN AMENDMENT TO AN APPROVED DETAILED PLAN FOR 4.708 ACRES OF LAND CURRENTLY WITHIN PLANNED DEVELOPMENT DISTRICT EIGHTY-SEVEN (PD-87) LOCATED ALONG THE I WEST SIDE OF LILLIAN MILLER PARKWAY BETWEEN INTERSTATE 35E AND SOUTHRIDGE DRIVE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. i Itcasiey motioned, Cochran seconded to adopt the ordinance with all conditions, s recommended li by the Planning and Zoning Commission including the 6,000 square foot floor area, 'I Council Mcmbcr Young felt that these offices would be the best development of this property, Council Mcmbcr Durrance felt that this proposal involved the question of neighborhood integrity in the area, This was a piece meal approach to this situation. The broader picture needed to be „ kept in mind with traffic, intensity and density, Mayor Miller felt that this proposal would be good for the area and good for Denton. Council Mcmbcr Kristoferson felt that this was a good proposal but that she would be voting against it due to the comments by the citirens living in the area. On roll vote, Bcasley "ape", Cochran "aye", Durrance "nay", Kristoferson "nay", Young "aye and Mayor Miller "aye". Motion carried with it 4.2 vote. 0 • 25. The Council held a public hearing regarding the proposed annexation of a 15.088-acre property located east of Swishcr Road near its intersection with Edwards Road in Demon's extraterritorial jurisdiction northeast of l•35E• (A•77) r 10 32XIL 01_jjLMLxEz&~5N ON s , w1rom r 0 City of Denton City Council Minutes June 16, 1998 Page 14 Dave Hill, Director of Planning and Development, stated that this was a voluntary annexation petition by the property owner. This was the second public hearing required by State law, The Mayor opened the public hearing. No one spoke during the public hearing, The Mayor closed the public hearing. i Mayor Miller indicated that this item would be on the July 21" agenda for consideration. { ITEMS FOR INDIVIDUAL CONSIDERATION 26. The Council considered approval of a resolution regarding Land Use Assumptions for Impact Fee Implementation. Jill Jordan, Director of 5'ater/Wastewater, stated that a public hearing had already been held on these land use assumptions. These assumptions would be the basis for calculating the impact fees that would be considered at a later date. The following resolution was considered: NO. R98-028 A RESOLUTION REGARDING LAND USE ASSUN. ONS. FOR IMPACT FEE IMPLLNIF,NTATION. Durrance motioned, Kristoferson seconded to approve the resolution. On roll vote, Beasley "aye", Cochran "aye", Durrance "aye", Kristofcrson "aye", Young "nay", and Mayor Miller "aye". Motion carried with a 5.1 vote, 27. The Council considered adoption of an ordinance authorizing the City Manager to execute a professional services agreement for the development of a Library Master Plan; authorizing the expenditure of funds therefor; and providing an effective date, (RFSP #2128 - Public Library Master Plan awarded to Carol Brown Associates in the amount of 546,475.00) Eva Poole, Library Director, stated that this ordinance would hire Carol Brown Associates to develop and prepare a master plan for organisation, services and facilities to meet the future needs of the library system. This plan would contain three components a mater plan for the library system, services and organisation; a building needs assessment for the Emily Fowler Library; and a foci litics plan to bring th. Fmily Fowler libraryto standard. 32 x e r 0 i City orDenton City Council Minutes June 16, 1998 Page 15 I The following ordinance was considered: NO. 98-189 i AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR THE DEVELOPMENT OF A LIBRARY MASTER PLAN; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (RFSP 02128 - Public Library Maslcr Plan awarded to Carol Brown Associates in the amount of546,475.00) Durrance motioned, Bcaslcy seconded to adopt the ordinance, On roll vote, Beasley "aye", Cochran "aye'", Durrance "aye", Krisloferson "aye", Young "aye", and Mayor Millcr "aye". Motion carried unanimously. 28. The Council considered adoption of an ordinance superecding and repealing Ordinance No. 96.274 to add a school safety speed zone for McMath Middle School; designating and establishing school safely speed zones; reducing the maximum prima facie speed limit for said school safety speed zones to speeds found to be reasonable and safe by the Engineering and Traffic Department investigations for the designated hours; providing for school bus loading zonca at (c lain schools; providing a penalty of a fine not to exceed two hundred dollars 15200.00); providing a scverability clause; providing for publication; and declaring an effective data Rick Svchla, Deputy City Manager, stated that this would establish a school zone for the McMath Middle School and would cover both the entrances and exists to McMath School. 'The fallotiving ordinance aas considered: NO, 98.190 AN ORDINANCE SUPERCEDING AND REPEALING ORDINANCE NO. 96.274 TO ADD A SCHOOL. SAFETY SPEED ZONE FOR MC'MATH MIDDLE SCHOOL; DESIGNATING AND ESIABLISHIN'G SCHOOL SAFETY SPEED ZONES; REDUCING ]HE MAXIMUM PRIMA FACIE SPEED LIMIT FOR SAID SCHOOL • SAFETY SPFF I) ZONES TO SPEEDS FOUND TO BE REASONABLE AND SAFE [IN' IIIF ENGINEERING AND TRAFFIC DEPARTMENT INVESTIGATIONS FOR I IIE DESIGNATED HOURS; PROVIDING FOR SCIIOOL BUS LOADING ZONES AT CERTAIN SCHOOLS; PROVIDING A PENAL TY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE • 0 • Kris1o!'crson motioned, Ilcaslcy seconded to adopt the ordinance On m11 vote, Bcaslcy "aye", Cochran "aye", Durrance *'aye". Krisloferson "aye'", Young "aye'", and Mayor Miller "aye'". Motion carried unanimously. • ~ 32X j moved" 0 I OWWW" City of Denton City Council Minutes June 16, 1998 Page 16 29. The Council considered adoption of an ordinance authorizing the Mayor to execute Amendment Number Five to the agreement between the city of Denton and HDR Engineering, Inc. for professional engineering services for the City of Denton sanitary landfill development and expansion, relating to Phase IV and Phase V thereof; providing for the expenditure of fund, therefore; and providing for an effective date. Jerry Cosgrove, Engineering Administrator, slated that the amendment was needed for an increase in the inspection time for installation of the liner, an increase in inspection time due to the longer construction period and additional modifications of the landfill permit since the original approval of the permit. The following ordinance was considered: NO. 98-191 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NUMBER FIVE TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND HDR ENGINEERING, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR THE CITY OF DENTON SANITARY LANDFILL DEVELOPMENT AND EXPANSION, RELATING TO PHASE IV AND PHASE V THEREOF; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. I I Young motioned, Cochran seconded to adopt the ordinance, On roll vote, Heasley "Bye". Cochran "aye", Durrance "aye", Kristofcrson "aye", Young "aye and Mayor Miller "aye", Motion carried unanimously. 30. The Council considered approval of a resolution approving a Righl-of-Way Use Agreement bclwccn the City of Denton, Texas and Hills of Argyle Monticello, Ltd.; and declaring an c(Tcctive date. (The Planning andZoning Commission recommended approval 5-0) Rick Svchla, Deputy City Manager, stated that this agreement would allow the developer to build and !andscapc medians within the City's right-or-way. The agreement was reviewed and recommended to Council by the Planning and Zoning Commission. Richard Mycrs spoke in favor of the proposal. 1 Council Mcmbcr Durrance asked about gales to the entrances. Mycrs stated that there would be gales that would always be open. It would give the appearance of a gated community but they would be welded open and were not operational. , Herb Prouty, City Attorney, stated that the ordinance in the agenda materials had allowed GIs landscaping, inigation, decorative fencing and stone work in the medians. The recommendation from the Planning and Zoning Commission was to limit what could be placed In the medians to ~y ~Gl 32xIQ r t°,~ I gRAirllll7 r 0 n City of Denton City Council Minutes June 16, 1998 Page 17 live plants and associated underground irrigation systems. The new resolution placed before Council followed the Planning and Zoning Commission recommendation by limiting the agreement to live plants and the irrigation system. I Mayor Pro Tem. Beasley stated that nothing would be built over the City's utilities. Myers stated that everything was purposely designed in the medians. There would be a private sewer system and the water line was outside the road. The following resolution was considered; ` NO. R98-029 A RESOLUTION APPROVING A RIGHT-OF-WAY USE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND HILLS OF ARGYLE MONTICELLO, LTD,; AND DECLARING AN EFFECTIVE DATE. i Kristofcrson motioned, Cochran seconded to approve the r,,solulion with the original request by the applicant. On roll vote, Beasley "aye", Cochran "iyl Durrance "nay", Kristoferson "aye", Young "nay", and Mayor Miller "aye". Motion carried wiu, a 4.2 vote. 31. The Council considered approval rf a resolution establishing the maximum rates t'+at Marcus Cable Association, L.L.P„ may charge its De tton Cable Television subscribers for the basic service tier and associated equipment; establishing a maximum hourly service ch sge; J 1l providing a sevetability clause; and providing an effective date. (The Cable Television AFvisory Board recommended approval of the Consultant's recommendation of maximum permitted rules G-o.l Richard Foster, Public Infomralion Officer, stated that this resolution would approve the maximum rates that Marcus Cable could charge through May 31, 1999 for basic cable service, cquipmcnt associated with that and the hourly service charge, The ralo would be 59,44 per month for the basic cable Service, $26.81 for the hourly service charge. S.I S per month for tine rcurote controls, 53.22 for addressable converters, 51.19 per month for non-addressable converters, $3,43 for advanced analog converters and $2.00 for changing tiers. + The following resolution was considered ` NO. R98-030 j ' A RESOLUTION ESTABLISHING THE MAXIMUM RATES THAT MARCUS CABLE ASSOCIATION, L.L.P., MAY CHARGE ITS DENTON CABLE TELEVISION SUBSCRIBERS FOR THE BASIC SERVICE TIER AND O ASSOCIATED EQUIPt,1ENr; ESTABLISHIN(J A MAXIMUM HOURLY SERVICE CHARGE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN I 1 EFFECTIVE LATE, I I I I 25111 32xIC i e 0 City of Denton City Council Minutes June 16, 1998 Page Is I Beasley motioned, Cochran seconded to approve the resolution. (in roll vote, Beasley "aye", Cochran "aye", Durrance "aye", Krisloferson "aye", Young "nay", and Mayor Miller "aye". Motion carried with a 5.1 vote. 31 The Council considered a report, held a discussion, and gave staff lirection regarding an expenditure not to exceed $4,000 for funding of an archival study and archeological survey of the original site of Pickneyville. Bullitt Lowry, Chair-Historic Landmark Commission, stated that the County would be contributing $3,500 of the $7,240 estimated cost of this project. Young motioned, Beasley seconded to approve the funding. On roll vote, Beasley "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 33. The Council considered adopting an ordinance authorizing ajoint publi.• hearing with the Planning and Zoning Commission and the City Council to be held on AugUt 4, 1998 pursuant to Texas Local Government Code Section 211,007(b) at the City Council Chambers at 7 o'clock p.m. to consider recommendation and action upon an ordinance creating a corridor overlay district; prescribing notice of the joint meeting pursuant to Texas Local Government Code Section 211.007(d) by mmning newspaper ad and mailing notice to owners within the proposed defined corridor boundaries. Dave Hill, Director of Planning and Development, slated that this ordinance was a result of the Council's direction to staff at the last work session. Council directed staff to notify properly owners within :he corridors as defined for entranceways and gateways and to conduct newspaper ads and to set a joint meeting between the Planning and Zoning Commission and the City Council. The following ordinance was considered; NO. 98-192 AN ORDINANCE AUTHORIZING A JOINT PUBLIC HEARING WITH THE PLANNING AND ZONING COMMISSION AND THE CITY COUNCIL TO BE IIELD ON AUGUST 4, 1998 PURSUANT TO TEXAS LOCAL GOVERNMENT CODE SECTION 211.007(B) AT THE CITY COUNCIL CHAMBERS AT 7 O'CLOCK P.M. TO CONSIDER RECOMMENDA r10N AND ACTION UPON AN ORDINANCE CREATING A CORRIDOR OVERLAY DISTRICT; PRESCRIBING NOTICE OF THE JOINT MEETING PURSUANT TO TEXAS LOCAL GOVERNMENT CODE. SECTION 211.007(D) BY RUNNING NEWSPAPER AD AND MAILING NOTICE TO O OWNERS WITHIN THE PROPOSED DEFINED CORRIDOR BOUNDARIES; AND J PROVIDING FOR AN EFFECTIVE DATE. City of Denton City Council Minutes June l6, 1998 Page 19 Durrance motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 34. The Council considered adoption of an ordinance of the City of Denton naming the activity stage at Fred Moore Park alter C.H. Collins, and declaring an effective date. (Parks and Recreation Board recommended approval.) Mike Jez, Assistant City Manager for Operations, stated that this ordinance would name the activity stage at Fred Moore Park after C.H. Collins who was a long time coach and teacher with the Denton Independent School District. The back-up materials indicated how his name was selected for the stage. The following ordinance was considered: NO. 98-193 AN ORDINANCE OF IHE CITY OF DENTON NAMING THE ACTIVITY STAGE AT FRED MOORE PARK AFTER C.H. COLLINS, AND DECLARING AN EFFECTIVE DATE. (PARKS AND RECREATION BOARD RECOMMENDED APPROVAL.) Young motioned, Durrance seconded to approve the resolution. On roll vote, Beasley "aye", Cochran "aye", Durrance "aye", Kristorerson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 35. The Council considered approval of a resolution canceling the regular City Council meeting of July 7, 1998, and the City Council work sessions of June 23,1998 and July 14, 1998. The following resolution was considered: NO. R98-031 * A RESOLUTION CANCELING THE REGULAR CITY COUNCIL MEETING OF JULY 7, 1998, AND THE CITY COUNCIL WORK SESSIONS OF JUNE 23, 1998 i AND JULY 14, 1998. Young motioned, Beasley seconded to approve the resolution. On roll vote, Beasley "aye", Cochran "aye", Durrance "aye", Kristorerson "aye", Young "aye", and Mayor Miller "Aye". Motion carried unanimously. 36. The Council received a report and consid-A a recommendation from the Oversight Committee. I I '.I i i~ r. io 32XIO 0 City of Denton City Council Minutes June 16, 1998 Page 20 Rick Svehla, Deputy City Manager, stated that three projects were recommended by the Oversight Committee. Those projects were the signal improvements at Jason and Londonderry, the median cut for the Southridge Center back entrancelentrance to the Morning Star Extended Care Facility and the improvements to the apron at the Municipal Airport. Beasley motioned, Young seconded to approve the recommendations. On roll vote, Beasley "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye Mution carried unanimously. 21. The Council considered appointments to the City Council committees. Ted Benavides, City Manager, stated that there were several committees that needed replacements and a new committee was being formed for environmental iE., pus, The Council made the following recommendations Agenda Committee - Mayor Pro Tcm Beasley Audit Committee - Council Member Burroughs Investment Policy Committee - Council Member Kristoferson Municipal Court Adv. Committee - Council Members Durrance, Kristoferson and Young Vision For Denton - Mayor Pro Tent Beasley, Council Member Burroughs Laior Fund Committee - Mayor Pro Tern Beasley, Council Members Young and Cochran Community Justice Council - Council Member Durrance Lake Ray Roberts P&7. - Council Member Young Convention & Visitors Bureau - Mayor Pro Tem Beasley Joint Tax Abatement Committee - Held for next meeting I Environmental Issues Committee - Held for future meeting 1 38. The Council considered approval of a resolution nominating a member to the Board of j Managers of the Denco Area 9-1.1 District; and declaring an effective date. Beasley motioned to nominate David Fowler, Assistant Chief of Police for the City of M Lewisville, as a member of the Board of Managers of the Denco Area 9.1.1 District. On roll vote, Beasley "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously, 39. The Council considered nominations and appointments to the City's Board and Commissions. 1 The Council made various nominations as indicated in the handout located in the agenda back-up materials, 7A 40. Miscellaneous matters from the City Manager. F I City Manager Benavidcs did not have any items for Council. { Q . 1 r City of Denton City Council Minutes June 16, 1998 Page 21 41. New Business I The following items of New Business were suggested by Council Members for future agendas: ; A. Council Member Durrance requested a work session item regarding a citizen's liaison committee and appointment of Council Members to an Environmental Services Committee and how that committee would interact with other committees within the City. B. Council Member Kristoferson requested staff to research and develop a plan development j overlay district with the assistance of Terry Morgan and Associates to address the unique considerations of the planned development districts present to the city. Included in the information would be the costs and time necessary to complete this item or preliminary assessment of vacant zoned land within and outside the approved planned dQvelopments, any options that might be available as opposed to planned development overlay districts and an assessment of the completion of time if these issues were addressed during the comprehensive plan process. Mayor Miller suggested presenting the subject matter at a work session to see if the entire Council wanted to proceed with such an item. 42. The Council did not meet in a continuation of the Closeu Meeting under Sections 551- 071-551.085 of the Texas Open Meetings Act. 43. 'there was no official action taken on Closed Meeting items held under Section 551.071- 551.085 of the Texas Open Meetings Act, With no further business, the meeting was adjourned at 12;00 midnight. JACK MILLER, MAYOR 1 CITY OF DENTON, TEXAS i 1. r JENNIFER WALTERS 0 , CITY SECRETARY CITY OF DENTON, TEXAS 4 { 1 32X END i Q CITY OF DENTON CITY COUNCIL MINUTES JULY 15, 1998 The City Council convened into a joint meeting with the Denton Independent School District Board of Trustees on July 15, 1998 at 12 noon at the Radisson Hotel. PRESENT: Mayor Miller; Mayor Pro Tern Beasley; Council Members Burroughs, and Kristoferson ABSENT: Council Members Cochran, Durrance and Young L DISD Construction and Renovation Update Ray Braswell, Interim Superintendent, stated that McMath Middle School would be completed on time for the opening of school. The renovations at Calhoun Middle School would be substantially complete with Strickland Middle School having the largest number of problems to correct before the start of school. One major consideration was the opening of McMath Middle School and how to educate parents on getting in and out of the school in an orderly fashion. Rick Svehla, Deputy City Manager, stated that the ,Iks and crosswalks were completed and the movement of the traffic in the area would be mo itore t by the Traffic Department. Staff was still working with TxDot to reduce the speed limits its ,tc at a. 2. School Redistricting Status Report Dr. Braswell reviewed the assignment of development areas to school zones. The District's transfer policies would also be reviewed in conjunction with the development areas. 3. Impact Fee Committee Report Rick Woolfolk, DISD Trustee, stated that the Committee had met with the city consultant and have given that information back to the Board. The Committee was continuing to move forward. City Manager Bcnavides stated that the Committee had asked for a cost analysis for the DISD. The cost was approximately $5,000 to do the analysis plus expenses. It was felt that this was a r reasonable cost to develop the analysis. The Lewisville 1SD would like to join with Denton and do the analysis as a joint Denton County pilot program. It would be important to get the legislation passed as such, Rlayor Pro Tern Beasley stated that it would be a huge lobbying effort to get the legislation passed and suggested beginning as soon as possible. 4. School Sitc Selection Update Dr, Braswell indicated that a new middle s:h,41 was needed probably near the Oakmont ~IYr development and would open in 2001. An Early Childhood Center was a need for the District. ~IYr The District had twelve acres near Mack Park on Audra Lane that rright be a possible site for the Center. a 2 !7) 132 x 10 o t I City of Denton City Council Minutes July 15, 1998 Page 2 J 5. DiSD Bond Program Development Dr. Braswell indicated that the second phase of the bond i, sue had been approved. The District would be considering another issue for an elementary school in the near future. A Director of Planning, Todd Parton, had been hired to guide the District through this phase. 6. Denton Development Activity Report Rick Svehla, Deputy City Manager, stated that development appeared to be more internal to the City. Major projects in the planning phase included one north of Evers Elementary School on Locust that was a planned development with lots of multi-family development. A second was the River Oaks development that was next to McNair Elementary School and was in the platting phase. Lakeview Ranch-Phase 1 was beginning at the northern edge of its development. Svehla ,r` indicated that new plans had been submitted to TxDot regarding truck traffic on Highway 380. There appeared to be a major conflict between the people interested in moving the traffic and the federal people who wanted to slow down the project. Those individuals felt that the road was originally built for any kind of traffic and the trucks should be allowed to run on it. There would be a major investment to sign the roadway once the truck route was in place. 7. Discussion of the October 21" Joint Meeting Dr. Schaake felt that this meeting should be a longer meeting, possibly in the afternoon, Consensus of those present was to hold the meeting on the afternoon of October 21". 8. Future Business Items Council Member Kristoferson suggested a discussion regarding school impact fees. With no further business, the meeting was adjourned at 1:35 p.m. JACK MILLER, MAYOR l CITY OF DENTON, TEXAS fppJENNIFER WALTERS 40 CITY SECRETARY CITY OF DENTON, TEXAS t5rx;' I , A 25x El 3 2X~❑ e , 0 CITY OF DENTON CITY COUNCIL MINUTES July 21, 1998 The Council convened into a Special Called Meeting on Tuesday, July 21, 1998 at l 1:00 a.m. in the Council Chambers of City Hall. PRESENT: Mayor Miller; Mayor Pro Tern Beasley; Council Members Burroughs, Cochran, Durrance, and Kristoferson ABSENT: Council Member Young ail I. The Council considered adoption of an ordinance authorizing the issuance, sale, and delivery of City of Denton Utility System Revenue Refunding bonds, Series 199A, and approving and authorizing instruments and procedures relating thereto and providing an effective date. Kathy DuBose, Assistant City Manager for Finance, stated that this sale was the second half of the Corps note for Lake Ray Roberts. David Medanich, First Southwest Company, stated that six bids were received, Tho::e bids were: { Smith Barney - 5.2223; Dain Rauscher - 5.1266; Interstate Johnson & Lane 5.'53; Morgan Keegan - 5.2303; Prudential Securities - 5.2439; and Stephens, Inc. - 5.2179. He stated that the bid from Stephens, loc. was the lowest bid and recommended awarding the bid to them. Ted Brizzollara, McCall, Parkhurst and Horton, stated that this ordinance was identical to the other revenue refunding bonds done in the past. The sale would close on August 25" and the funds would be placed in an escrow account until November I" as the Corps would not allow the bonds to be paid until then. The following ordinance was considered; NO. 98-194 AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON UTILITY SYSTEM REVENUE REFUNDING BONDS, SERIFS 199A, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES I RELATING THERETO AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Kristoferson secinded to adopt the ordinance. On roll ;rote, Beasley "aye', Burroughs "aye', Cochran "aye", Dui.-ance "aye", Kristoferson "aye", and Mayor Miller "aye". Nlo0on carried unanimously. i With no further business, the meeting was adjourned at 11.25 a.m. At 11:50 p.m. the Council reconvrned the meeting. • 0 • PRESENT; Mayor 4!iller; Mayor Pro Tern Beasley; Council Members Burroughs, Cochran, Durrance,and Kristoferson ABSENT: Council Member Young r *A e, x ?y x I0 .32 xln 0 , URN" 0 IFUMM City of Denton City Council Minutes July 21, 1998 Page 2 Mayor Miller indicated that Mr. Medanich had found an error with the bid from Stephens, Inc. 1 David Medanaich, First Southwest Company, stated that the bid received from Stephens, Inc. was inaccurate. The bid requirements indicated that the rates should ascend every year from 2009 on. The lowest bid started with the year 2008. That was an error that could be waived but he did not 1 recommend it. fie recommended acct ting the bid from Smith Barney as the lowest and best bid. Burroughs motioned, Kristoferson seconded to reconsider the above ordinance. On roll vote, Beasley Kristoferson "aye", and Mayor Miller"aye". "aye", Burroughs "aye", Cochran "aye', Durrance "aye", Motion carried unanimously. Durrance motioned, Burroughs seconded to adopt the ore iance with Smith Barney as the awarded bidder. On roll vote, Beasley "aye", Burroughs "aye', Cochran "aye", Durrance "aye", Kristoferson "aye", and Mayor Miller "aye". Motion carried unanimously. With no further business, the meeting was adjourned at 11:55 a.m. After determining that a quorum was present and convening in an open meeting, the City Council convened in a Closed Meeting on Tuesday, July 21, 1998 at 5:45 p.m. in the Council Work Session Room at City Hall. PRESENT Mayor Miller; Mayor Pro Tern Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson, and Young. ABSENT: None i 1. Closed Meeting: A. Consultation with Attorney-Under TEX. GOV'T. CODE Sec. 55 1.071 j I . Considered strategy and discussed status of case and possible settlement authority for mediation with City Attorney in litigation styled Hansen Information Technologies, Inc. V. Azteea, r + brc., Case No. 4:97-CV-308 filed in the U.S. District Court, Eastern District. • B ^-onference with Employees - Under TEX. GOVT, CODE Sec. 551.075. The Council received information from employees during a staff conference or briefing, but did not deliberate during the conference, The Council convened into a Regular Meeting on Tuesday, July 21, 1998 at 7:00 p.m, in the Council Chambers at City [fall. PRESENT: Mayor Miller; Mayor Pro Tern Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson, and Young. ABSENT: None 1❑ 32x10 I 1 City of Denton City Council Minutes July 21, 1998 Page 3 L Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas flags. 2. The Council considered approval of the minutes of April 7, April 14, April 17, April 21, April 28, May 5, and May 12, 1998. Young motioned, Beasley seconded to approve the minutes as presented. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye', Durance "aye', Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. PRESENTATIONS/AWARDS 3. Announce winning Electric Department logo and draw winnet of Electric Department Logo Contest Mayor Miller presented the winning logo for the Electric Department Logo Contest. 4. Presentations A. Yard of the Month Awards I Mayor Miller presented the following July Yard of the Month Awards; W.T. & June Godfrey Harold and Marjory McCandless Toni ar,d Rebecca flarpool Brigette Yarbrough Business Awards - North Texas State Fair Grounds Business Award - Apple Orthodonix Downtown Business Award - King Richards Cat r, B. Proclamations r ' Mayor Miller presented a proclamation for Robert Carl Storrie Day for an Eagle Scout achievement, I 5, Resolution of Appreciation A. The Council considered approval of a resolution in appreciation of James Thomason • o Mayor Miller presented the resolution of appreciation to James Thomason. Beasley motioned, Kristoferson seconded to approve the resolution. On roll vote, Beasley "aye", , " "aye, "aye, " "aye", Burroughs „aye , Cochran Durance Kristoferson aye',, Young and MayorMillcr "aye". Motion carried unanimously. I I 2 x 10 32 X I O • I 0 1 City of Denton City Council Minutes July 21, 1998 Page 4 CITIZEN REPORTS 6. The Council received a report from Ross Melton, Jr. regarding Henry Thomas and over- regulation. Mr. Melton stated that Mr. Thomas needed to move to a better city rather than having to deal with the City of Denton. There were more and more laws being passed that were not good for the citizens. The Council was not governed by any laws or principles. 7. The Council received a report from Ali Al•Khafaji regarding tyranny in Denton. Mr. Khafaji stated that he had been to Council before and asked the Council to leave him alone and not harass him any more. The police went to his house and someone from the City cut his trees, f' loaded firewood and took it away. No one could do anything about it. That was trespassing. He felt the City had committed a crime against him. What the City did was wrong and then the City billed him for the work that they had done. Council Member Young felt that the Code Enforcement Office was participating in selective enforcement. He felt the $80 administrative fee was too high and should be looked into. Code Enforcement was not people friendly. He suggested creating a board of citizens to review all rules and regulations regarding Code Enforcement. Council Member Cochran stated that he had talked with a citizen regarding a similar complaint, In the New Business section of the agenda he was going to suggest that the Council have a discussion regarding the notification process given to citizens forcode enforcement violations. 8. The Council received a report from Dessie Goodson regarding the City and the City ordinances. Ms. Goodson was not present at the meeting. 9. The Council received a report from Carol Ann Ganzer regarding the North Texas State Fair. a• Ms. Ganzer was not present at the meeting. • CONSENT AGENDA 1. Durrance motioned, Cochran seconded to approve the Consent Agenda and adopt the accompanying ordinances. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "Rye", Kristoferson "aye", Young "aye", and Mayor Mill er"aye', Motion carved unanimously. O l0, NO. 98-195 J~4 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR AN ADDITION TO EXISTING PRE-ENGINEERED BUILDING; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (Bid N2235 - Metering and Substation Building Expansion ,a 7 w•~~ J2x10 NUMM o , ,MISR= SZKWW City of Denton City Council Minutes July 21, 1998 Page 5 awarded to Davis and Hawkins in the amount of $47,801.00) It. NO. 98-196 " AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE RENTALIPURCHASE OF UNIFORMS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (Bid #2196 - RentaMrchase of Uniforms awarded to - Item A-C to Unifirst at $63,650.00 per year estimate and Item D to Image Uniform estimated to be $12,272.50 for outright purchase) 12. NO. 98-197 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF FURNITURE FOR THE DENTON MUNICIPAL COMPLEX EXPANSION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (bid #2209 - Furniture - Denton Municipal Complex awarded to Intelligent Interiors in the amount of $68,005.80) 13, NO. 98-198 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR ARMORED COURIER SERVICE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (Bid #2224 - Armored Courier Service awarded to Armored Transport Texas, Inc. in the amount of $336.00 per month or $18,816.00 per year) 14. NO. 98.199 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE THIRD AND FOURTH QUARTER 1998 PAYMENT BY THE CITY OF DENTON FOR k SOLID WASTE PERMIT FEE. CALCULATED AT 3.5% OF REFUSE COLLECTION FEES TO THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION; AND PROVIDING AN ";FFECTIVE DATE. (PO #81818898 to Texas Natural Resource Conservation Commission (TNRCC) in the amount of $50,000) 5, NO. 98-200 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR 0 . SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING FOR AN EFFECTIVE DATE. (PO #86380 to Brandon Br Clark, Inc. for one 800 HP Electric Motor in the amount of 529,600.00) s A0 32X11 o 0 City of Denton City Council Minutes July 21, 1998 Page 6 16. NO. 98-201 AN ORDINANCE AWARDING A CONTRACT FOR A 5-YEAR LEASE PURCHASE OF A 70-PAGE PER MINUTE COLOR PRINTER/COPIER 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. 086142 to Danka in the first annual payment amount of 550,308.20) 17. NO. R98-034 A RESOLUTION OF THE CITY OF DEN'TON, TEXAS, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE CRIMINAL JUSTICE DIVISION OF THE OFFICE OF THE GOVERNOR, STATE OF TEXAS, REQUESTING CONTINUED FUNDING FOR ONE (1) JUVENILE/DOMESTIC VIOLENCE INVESTIGATOR AND ASSOCIATED TRAINING AND SUPPLIES FOR A FAMILY SERVICES UNIT; AND PROVIDING AN EFFECTIVE DATE. 18, NO. 98-202 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ADOPTING A LOGO TO BE USED AS THE OFFICIAL LOGO OF THE ELECTRIC UTILITY OF THE CITY OF DENTON, TEXAS; PROHIBITING THE USE OF SUCH LOGO BY ANY PERSON, FIRM, CORPORATION, OR ORGANIZATION, OTHER THAN THE C11Y OF DENTON WITHOUT WRITTEN APPROVAL OF THE CITY MANAGER; PROVIDING FOR A PENALTY CLAUSE; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDINGi FOR AN EFFECTIVE DATE. 19. NO. 98-203 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, FORMAL( V AMENDING RESOLUTION NUMBER R92-040 TO RENAME THE DENTON MUNICIPAL COMPLEX TO CITY HALL EAST; AND PROVIDING FOR AN EFFECTIVE DATE. PUBLIC' HEARINGS 0 , 20. The Council held a public hearing: rid considered rezoning 2.294 acres from a Commercial (C) zoning district to a Multi-Family One (MF•I) zoning district. The property was legally described as part of Tract 350 of the Alexander Hill Survey and was located on the south side of 1.35 East, to the north of Londonderry Street, and between Sun Bass 9oulevard and Teasley Lane. The proposal was to develop a multi-family complex. ('fhe Planning and Zoning Commission 0 recommended approval ~-0 to the City Council on May 27. 1998, Due to a tic vote (3.3) by City Counci I on June 16, 1998 this item was postponed for reconsideration until this meeting.) (Z•98- I 0 0 025) (This ileT would be deliberated only if all of the Council Members were present.) {I Dave Hill, Director of Planning and Development, stated that the current zoning for the property was commercial with a request for multi-family one zoning, This proposal needed to be considered in the context of a larger zoning case surrounding the proposal. Another zoning case would be 1E] 32x~❑ 0 O I City of Denton City Council Minutes July 21, 1996 Page 7 considered at this meeting that was also for multifamily zoning. The super majority vote was not in effect for this proposal and no neighborhood meeting had been held. There was a range of multifamily apartment complexes surrounding the property. Council Member Burroughs asked what was the intended use for Jason Street. Hill stated that at the last meeting there was a discussion whether it would go through to the 135 service road. There would be no direct access and would not be a public road. Council Mcenber Burroughs asked if a study had been done to determii;e the impact on city services relative to the value of the proposal Hill stated that next week staff would be presenting a study o ii the impact of multifamily dwelling r" units, Mayor Pro Tern Beasley asked why it was felt that a commercial development would cause more traffic than multifamily development. f Hill replied that it was due to the nature of the business that would have more site vrsitatir.•, with commercial zoning with huyer 'cliveries, eta Council Merrbcr Kristoferson asked if a poll was done of existing businesses to have more accurate data of intensity trips in the area. Hill stated that a N hour traffic count was done on Monday, July 20th for Londonderry Street. The Mayor opened the public hearing, I 'I Pat Conners stated that under the current zoning regulations, up to 40 units per acre coeld have been proposed on the site, The proposal had a mix of units of 1,2, and 3 bedrooms that lowered the density to 30 units per acre. The prrn>osal also r._t the parking and park requirements, A crash gate for emergency vehicles had been added at the rear of the property. M Mayor Pro Tem Beasley asked if the developer had thought about extending Jason Drive through r the property. Conner. stated that they preferred not to extend Jason through the property. They would allow a crash gate for emergency vehicles. The fiont access would have a security gate for a gated community, Council Member Young felt it would be better to open Jason for public access. O Conners staled that this 1vas private property. The adjacent properly had heo other acrrss roads to Londonderry A through st-ect would not help the traffic flow due to the other available accesses. Council Member Cochran asked if the density of 30 units per acre was based on the entire project orjust ibis section. 4, s°►S~x ' 2 x L1 32 x ❑ 0 o City of Denton City Council Minutes July 21, 1998 Page g Connors replied that it was for the complete project at full acreage. No one spoke in opposition. The Mayor closed the public hearing, ]'he following ordinance was considered; NO. 99-204 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM COMMERCIAL (C) ZONING DISTRICT CLASSIFICATION TO MULTI. FAMILY I (MF-1) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 2.294 ACRES OF LAND BOUNDED BY 1.35 EAST TO THE. NORTH, TEASLEY LANE TO THE EAST, LONDONDERRY STREET TO THE SOUTH, AND SAM BASS BOULEVARD TO THE WEST; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Miller seconded to adopt the ordinance. Mayor Pro Tem Beasley stated that she had voted for approval of the proposal at the first hearing. Sbc had looked at the land uses around property. This would not develop into single family homes. Commercial zoning was viable for the property and there would be no harm by leaving it commercial. However, there was a petition to change the zoning to multi-family with a portion already zoned that. She felt this was an area where many students lived and catered to the University. She would be voting in favor of the proposal but with the condition of 25 units per acre. Beasley motioned, Kristoferson seconded to amend the notion to keep the proposal to 25 units per acre. 1 Council Membcr Kristoferson stated that the developer stated that he was building this development for individuals who commuted back and forth to Dallas for their jobs. She was inxtested in building a community that had the jobs for Dentonites who lived and worked in Denton. She wanted to keep A the property as commercial zoning for the citizens of Denton. There was no legal obligation to dow nzone the property to multifamily. Council Member Burroughs stated that be had four criteria for zoning cases • the impact on services, the impact on tratTic, whether the zoning was being changed for the best use in The area and whether i it met with city pl inning for the area. The largest concern with traffic was Jason Drive. He felt that 0 if Jason were opened, it would be a problem with too much traffic in the development. He was in 0 0 favor of maintaining a gate on Jason and not allowing use for the residents in the development. The impact on services indicated that this was not a large development with half of it was already zoned for multifamily. Young professional types seemed to occupy these types of developments. It was not for low income housing and not many children were in these types of developments. He felt that the proposal would have little negative impact on the ISD and should be positive for the City. He indicated that he would be voting in favor of the projecl, 0 db 32 o , 0 ' a aye r ~ I City of Denton City Council Minutes July 21, 1998 Page 9 Council Member Young stated that he would be voting against the amendment as the Denton Development Plan indicated that 40 units could be built on the site and the proposal was for 30 units, Mayor Miller stated that he would be voting against the amendment Many of the 25 unit developments did not have the landscaping which this did at 30 units. The proposal would benefit the City without a negative impact on the D1SD. It was within the limits of the Denton Development Plan. This would not add any more problems for police and fire with 30 units as opposed to 25 units. Council Member Cochran stated that he would be voting for the amendment. Density was an important issue with this proposal. If the amendment passed, he would vote for the motion as a whole. On roll vote of the amendment to reduce the denisty from 30 to 25 units, Beasley "aye", Burroughs "nay", Cochran "aye", Durrance "nay", Kristoferson "aye", Young "nay", and Mayor Miller "nay". Motion failed with a 3-4 vote. On roll vote of the main motion to approve the request, Beasley "aye", Burroughs "aye", Cochran "nay", Durrance "nay", Kristoferson "nay", Young "aye", and Mayor Miller "aye Motion carried with a 4.3 vote„ " I 21. The Council held a public hearing and considered rezoning 2.21 acres from a Commercial (C) zoning district to a Multi-Family One (MF•l) zoning district. The property was legally described as part of Tract 350 of the Alexander Hill Survey and was located on the south side of I-35 East, to the north of Londonderry Street, and between Sam Bass Boulevard and Teasley Lane. The proposal was to develop a multi-family complex. (The Planning and Zoning Commission rcconunendedapproval4.1) (Z-98-030) Dave Hil 1, Director of Planning and Development, stated that this was a companion zoning with the above request. Two responses for notification were received. One was neutral and one was in favor. i „ The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: i N'?. 98.203 iv AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANCE 1 FROM COMMERCIAL (C) Z(, .ING DISTRICT CLASSIFICATION TO MULTI- FAMILY 1 (MF•I) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 2.21 ACRES OF LAND BOUNDED BY 1.35 EAST TO THE NORTH, TEASLEY tr' ~5 x - 32x _-W =I ww s 0 1 City of Denton City Council Minutes July 21, 1998 Page 10 LANE TO THE EAST, LONDONDERRY STREET TO THE SOUTH, AND SAM BASS BOULEVARD TO THE WEST; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE, Young motioned, Burroughs seconded to adopt the ordinance. i Council Member Durrance stated that this area was one of intense concern for him. He did not feel i this was the best use for the property. This would be a gated community that was something he was not in favor of. This would divide the City and was not in line with the openness of the City. This proposal was on a corridor for the City and he did not want his type of development on such a corridor. He was concerned about exiting on a service road directly past an exit on the highway. He did not want another "Cement City" in Denton. There should be blended growth that did not allow commercial property to be downzoned. On roll vote, Beaslcy "aye", Burroughs "aye", Cochran "nay", Durrance "nay", Kristoferson "nay", Young "aye", and Mayor Miller "aye". Motion carried with a 4-3 vote, 22. The Council considered adopting an ordinance annexing a 15.088 acre tract located east of Swisher Road near its intersection with Edwards Road in Denton's extraterritorial jurisdiction northeast or i-35E; establishing temporary Agricultural (A) zoning district classification and use designation; and providing an effective date. (First reading, A-77) (Planning and Zoning Commission recommended approval 5-0.) Dave Hill, Director of Planning and Development, stated that the action requested was to institute annexation proceedings with ibis first reading. The proposal had to be approved at the first reading by a four•fifihs vote. The intent of the applicant was to allow the annexation with temporary agricultural zoning and would specify the use of the property when the development was amended for Planned Developp-tit 132. The Council had already conducted two public hearings on the proposed annexation. According to the annexation schedule, the second reading would be September 1st at which time the zoning would be approved. A public hearing was not required at this meeting even though it had been listed as such. A 1 he following ordinance was considered: NO. (First Reading) AN ORDINANCE ANNEXING A 15.088 ACRE TRACT LOCATED EAST OF SWISHER ROAD NEAR ITS INTERSECTION WITH EDWARDS ROAD IN r DENTON'S EXTRATERRITORIAL JURISD1C1ION NORTHEAST OF 1.358; ESTABLISHING TEMPORARY AGRICULTURAL (A) ZONING DISTRICT O CLASSIFICATION AND USE DESIGNATION; AND PROVIDING AN EFFECTIVE DATE Beasley motioned, Young seconded to approve thr• annexation. On roll vote, Beasley "aye" , Burroughs "aye", Cochran "aye', Durrance "aye', Kristoferson "aye", Young "aye', and Mayor Miller "ape". Motion carried unanimously. r a 21) 32X , 0 i ' I City of Denton City Council Minutes July 21, 1998 Page 11 ~ i ITEMS FOR INDIVIDUAL CONSIDERAT ON 23. The Council received Certification of an Initiative Petition from the City Secretary and gave staff direction. Jennifer Walters, City Secretary, stated that an initiative petition was received on May 8, 1998. f Initially the petition did not fully comply with the Charter and Chapter 217 of the Texas Election Code. An amended petition was submitted on June 12th and that amended petition did meet those requirements. She stated that she certified the petition as stated in the Charter. Final action on this petition had to be done within 60 days from this date or September 11'. Provisions had to be made for a reading of the ordinance and for a public hearing on the item. City Attorney Prouty stated that several years ago the Council passed an extended hours ordinance that allowed the consumption of alcoholic beverages at certain businesses until 2:00 a.m. The petition would reduce those hours until 12:00 midnight on all nights except for Saturday when they would close at 1:00 am. The Ben E. Keith Company submitted arguments that the Council, under the Alcoholic Beverage Code, did not have the right to repeal the ordinance as the Code only gave the Council the authority to enact the ordinance. Staff was still examining that argument and had submitted it informally to the Attorney General's office for continent. An informal comment from the Attorney Gcneral's office would determine whether this was a valid argument If it was not valid, Council had to take action within 60 days. One action would be to adopt the ordinance as Per the petition. If that were not done, an election would have to be held on the next uniform election date in November. Mayor Miller stated that depending on the outcome of the Attorney General's examination, Council would hate to have a public hearing and take action from that public hearing. Council Member Durrance felt that the petition was asking Council to do something against statutory law. City Attorney Prouty stated that the State allowed cities to pass an extended hours ordinance. „ Normally when a city could pass an ordinance, it could repeal it. The argument was that there was an exception to that There was no authority to repeal the extended hours, at least not through a • petition. i Mayor Miller stated that assuming the petition was acceptable under Texas law, Council had until j ' September 21st to hold a public hearing and take action. Council indicated that it would like a formal opinion from the Attorney General's office. • • Council Member Cochran felt that Council needed to listen to the citizens and was not in favor of $ changing the ordinance without asking the citizen's opinion. 14. The Council considered approval of a resolution urging the 76" Texas Legislature to increase appropriations for roadway maintenance and improvements; and providing an effective date. ti19Y~r ~7 t.J .3 ~X L1 o , 0 aim City of Denton City Council Minutes July 21, 1998 Page 12 Rick Svehla, Deputy City Manager, stated that the resolution would request more funds for maintenance and highway improvements. The following resolution was considered: NO. R98-035 A RESOLUTION URGING THE 76Th TEXAS LEGISLATURE TO INCREASE I APPROPRIATIONS FOR ROADWAY MAINTENANCE AND IMPROVEh7ENTS; AND E PROVIDING AN EFFECTIVE DATE. Durrance motioned, Burroughs seconded to approve the resolution. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Young "aye", and Mayor Miller "aye'. Motion carried unanimously. 25. The Council considered adoption of an ordinance of the City of Denton authorizing the City Manager to execute a professional services contract with ADS Environmental Services, Inc. for engineering services for thew aterhvastewater engineering 1998 smoke testing program; authorizing the expenditure of funds therefore; and providing an effective date. Jill Jordan, Director of Water(Wastewater, stated that the testing mould be done in the Pecan Creek Basin and would complete fIx process starter earlier, The following ordinance was considered: NO. 98-206 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH ADS ENVIRONMENTAL SERVICES, INC. FOR ENGINEERING SERVICES FOR THE w, TER/WASTEWATER ENGINEERING 1998 SMOKE TESTING PROGRAM; AU 1. iORIZING THE EXPENDITURE OF FUNDS TIIERFFORE; AND PROVIDING AN EFFECTIVE DATE. Durrance motioned, Kristoferson seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "ayc", Cochran "aye", Durrance "ay:", iCriste.c.son "aye', Young "aye", and Mayor Miller "ayc", Motion carried unanimously. 26. The Council considered adoption of an ordinance approving a real estate contract betwren the City of Denton and Saint Andrew rhurch of God in Christ, relating to the purchase of 0,187 acres of land for constructing drainage improvements in the PEC-4 Tributary of Pecan Creek; O { authorising the expenditure of funds therefore; and providing an effective dale, ~D Rick a~zhla, Deputy City Manager, stated [hat the purchase of this properly would assist in the construction of PLC-4 Tributary of Pecan Crcck, This was s negotiated appropriate purchase. 0 City of Denton City Council Minutes July 21, 1998 Page 13 The following ordinance was considered: NO. 98-207 i AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWFEN THE CITY OF DENTON AND SAINT ANDREW CHURCH OF GOD IN CHRIST, RELATING TO - THE PURCHASE OF 0.187 ACRES OF LAND FOR CONSTRUCTING DRAINAGE IMPROVEMENTS IN THE P204 TRIBUTARY OF PECAN CREEK' AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Beasley seconded to adopt the ordinance, On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye', Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 27. The Council considered adoption of an ordinance vacating easement interests, if any, in 0.081 acres in the S. C. Hiram Survey, Abstract 616, Denton County, Texas; and providing an effective date. (Saint Andrew Church of God in Christ, 608 Lakey Street) Rick Svehla, Deputy City Manager, stated that when the channel work and improvements were completed, this land would be outside the channel and would not be used for the easement. It was recommended to vacate the easement. The following ordinance was considered: N0.98-208 AN ORDINANCE VACATING EASEMENT INTERESTS, IF ANY, IN 0.081 ACRES IN 1HE S. C. HIRAM SURVEY, ABSTRACT 616, DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE, Young motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "ayc", Cochran "aye", Durrance "aye", Kristorerson "aye", Young "aye", and Mayor Miller "aye". Motive, carried unanimously. 2P. The Council considered adoption of an ordinance authorizing the City Manager to execute a real estate contract with Craig D. Johnson and wife, Terri Johnson, for the purchase of approximately 0.181 acres tract of land known as Parcel No. 17, U.S. Highway 77, Denton, Denton County, Texas for the U.S. Highway Widening Project; authorizing the expenditure of funds thererore; and providing an cffectivc date. ` • O • Hick Svehla, Deputy City Manager, stated that this tract would assist in the widening of U.S. Highway 77. This was one of the many agreements the City would have to execute for this project The following ordinance was considered: P e - o I City of Denton City Council Minutes Jul), 21, 1998 Page 14 r NO. 98-209 AN ORDINANCE AUTHORIZING T14E CITY MANAGER TO EXECUTE A READ ' ESTATE CONTRACT WITH CRAIG D. JOHNSON AND WIFE, TERRI JOHNSON, FOR THE PURCHASE Or: APPROXIMATELY 0. 181 ACRES TRACT OF LAND KNOWN AS PARCEL NO. 17, U.S. HIGHWAY 77, DENTON, DENTON COUNTY, TEXAS FOR THE U.S. HIGHWAY WIDENING PROJECT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. i Young motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye", Bunroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye'. Motion carried unanimously, 29. The Council considered increasing the per capita fees charged to the cities of Argyle, Corinth, Hickory Creek, Krum, Lake Dallas, Ponder, Shady Shores and Sanger by the City of Denton for emergency medical services (EMS). Ross Chadwick, Fire Chief, stated that the next two items dealt with EMS services. Last year the City responded to 8200 emergency medical calls. EMS fees had not been reviewed for a number of years and it was fch that this should be done prior to the approval of the next budget, The small cities agreements were reviewed each year to adjust costs i f necessary. The per capita charge was at $5.75. Small cities impacted 60.16,16 ofone ambulance, The actual per capita cost was $13.45 and $5.73 was being charged. He had talked with the small cities about the increase and all were in agreement. Options for the charges included full cost that would be $13.45; phase the increase in over 3 years with the first year being $6.50, the second year being $8.00 and the third year being $10.00. The third option was to charge a fee somewhere between $5.75 and $13.45. Option 4 was to continue to charge the current rate of $5.75. Now was th- time to change the amount as the contracts were effective October 1". St,ffwas recommending Option 1 that was the three year phased in costs approach. Council Member Cochran asked if the City had an extra ambulance for services beyond the City or would there be the same number even if the City were not providing services outside the City. Chadwick replied that the City had three front line ambulances and the other stations had reserve ambulances, Based on the work load, the three ambulances handled a substantial amount of calls. All the ambulances were needed whether service was provided to the small cities or not. I Beasley motioned, Durrance seconded to approve Option 2 for the fees charges for emergency medical services. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "ayc", Kristoferson "aye", Young "ayc", and Mayor Miller "aye'. Motion carried unanimously. • 30. the Council considered adoption of an ordinance establishing fees to be charged for ; emergency ambulance services and standby emergency ambulance sen ices in the City of Denton as provided for in Sec. 27.102 of Article IV of Chapter 27 "Vehicles for Hire" of the Code of i Ordi lances of the City of Denton, r tD I VMS" r City of Denton City Council Minutes July 21, 1998 Page 15 Ross Chadwick, Fire Chief, stated that this ordinance was last changed in 1993. Various drugs and disposable good had various fees. The current cost for an ambulance call was $290. Many of the calls received did not transport the patient to a hospital, The transportation rate last yearwas 60.1% which cost $483,00 per transport far each ambulance. Staff was proposing a separate charge for services, mileage and supplies. The ordinance charged new fees for non-residents of $300, it updated the charges for disposable goods and medications and included a non-transport fee of $50.00. Operational charges %-Me not charged for in the past. Additional charges would be included for CPR services , weight over 300 pounds, defibrillation, 12 lead EKG cardiac monitoring, a patient carried down stairs, monitoring blood sugar and special events coverage at $68 per hour with a four hour minimum. The following ordinance was considered: NO.98.210 AN ORDINANCE ESTABLISHING FEES TO BE CHAkGED FOR EMERGENCY AMBULANCE SERVICES AND STANDBY EMERGENCY AMBULANCE SERVICES IN THE CITY OF DENTON AS PROVIDED FOR IN SEC. 27.102 OF ARTICLE IV OF CHAPTER 27 "VEHICLIrS FOR HIRE" OF THE CODE OF ORDINAYCES OF THE CITY OF DENTON, Kristoferson motioned, Beasley seconded to adopt the ordinance. Council Member Burroughs stated that he had a problem with charging a fee for services not j provided as insurance would not pay for that. Chadwick indicated that insurance companies would pay for the non-transport fee. Council Member Cochran felt that an eAtra charge for people o% _e 300 pounds was insulting and discriminatory. I Cochran motioned, Young seconded to amend the motion to remove the fee for people over 304 pounds. Young motioned to remove the $50 non-transport fee from the ordinance. Council Member Burroughs suggested the motion indicate that the $50 would not be assessed in cases where the individual was transported by other means. Council Member Young agreed to that change and Council Member Burroughs seconder. Young's amendment. . ' 4 Mayor Pro Tcm Beasley did not see the disparity in charging for a non-transport fee. City Manager Benavidcs stated that ambulance service was an optional service a city could provide. Council debated the question of the transport fee and the overweight fee. ?h 10 32XIO o r ~aw+a o City of Denton City Council Minutes July 21, 1998 Page 16 Council Member Durrance called the question. On roll vote to not assess the $50 charge when an individual was transported by other means, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "nay", Kristoferson "nay", Young "aye', and Mayor Miller "nay". Motion carried with a 4.3 vote. On roll vote to remove the fee for persons over 300 pour Js, Beasley "nay", Burroughs "aye", Cochran ii "aye', Durrance "nay", Kristoferson "nay", Young "aye', and Mayor Miller "nay". Motion failed with I a 3-4 vc.e. On roll vote of the amended main motion, Beasley "aye', Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", You,ig "nay", and Mayor Miller "aye'. Motion carried with a 6-1 vote. 31. The Council considered adoption of an ordinance calling a public hearing on the adoption of a capital improvements plan and water and wastewater impact fees in accordan" with Chapter 395 of the Local Government Code; requiring the City Secretary to post notice of the public hearing and to provide additional notice of the public hearing as set forth in the body of this ordinance; and providing an effective dale. Jill Jordan, Director of Water/Wastewater, stated that the advisory committee had made a recommendation to enact an impact fee, The law required a public hearing for public comment. The following ordinance was considered: NO. 98-211 AN ORDINANCE CALLING A PUBLIC HEARING ON THE ADOPTION OF A CAPITAL IMPROVEMENTS PLAN AND WATER AND WASTEWATER IMPACT FEES IN ACCORDANCE WITH CHAPTER 395 OF THE LOCAL GOVERNMENT CODE; REQUIRING THE CITY SECRETARY TO POST NOTICE OF THE PUBLIC }HEARING AND TO PROVIDE /,DDITIONAL NOTICE uF THE PUBLIC 14EARING AS SET FORTH IN THE BODY OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Kristoferson seconded to 1dopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristofcrson "aye", Young "nay", and Mayor Miller "ayc". Motion carried with a 6.1 vote, 32. The Council considered adoption of an ordinance of the city of Denton, Texas dissolving A the Information Services Advisory Board and repealing Ordinances 79-81, 82-09, 84-06,96-255 and • any other ordinance of the City of Denton, Texas, to the extent of any conflict and providing an t effective date. Kathy DuBose, Assistant City Manager for Finance, stated that the City had completed a long-range study for a technical plan for computer services, The services of this Board were no longer required, The Board would be present at the August 18th meeting to be recognized for its service. r !t. 7i'j n i_1 32 X Q A C City of Denton City Council Minutes July 21, 1998 Page 17 The following ordinance was considered: NO. 98-212 ' AN ORDINANCE OF THE CITY OF DENTON, TEXAS DISSOLVING THE INFORMATV.;N SERVICES ADVISORY BOARD AND REPEALING ORDINANCES k 79-81, 82-09, 84.06, 96-235 AND ANY OTHER ORDINANCE OF THE CITY OF I DENTON, TEXAS, TO THE EXTENT OF ANY CONFLICT AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye', Cochran "aye", Durrance "aye', Kristoferson "aye", YoL-g "aye", and Mayor Miller "aye". Motion carried unanimously. 33. The Council considered nominations acid appointments to the City's Boards and Commissions. Nominations and appointments were trade as noted in the handout presented in the agenda back-up materials. 34. The Council considered appointments to City Council commitic.s. Appointments were made to the City Council committees as noted in the handout presented in the l agenda back-up materials. 33. The Council considered and accepted the resignation of Ted Benavides, City Manager, to be effective September 9, 1998. Beasley motioned, Young seconded to accept the resignation. On roll vole, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye', Young "aye", and Mayor Miller "avc", Motion carried unanimously, 36, Miscellaneous matters from the City Manager. A City Manager Beravides did not have any items for Council, 37, N'cw Business The following items of New Business were suggested for future agendas. 0 A. Council Member Young requested a report on code enforcement, 0 • JV B. Council Member Durrar.:e requested information for a possible ordinance on proper building ratios ofmulti•family and single-family end corresponding lot size according to current anu projected growth pursuant to the approved population projections in the Denton Development Plan. ICl. 32xln elm s 0 E 1 i r , $ City of Denton City Council Minutes July 21, 1998 Page 18 C. Council Member Durrance requested information for a possible ordin:nl.e adopting traffic impact fees. Y k D. Council Member Durrance requ.s ed information for a possible ordinance regarding a 1% fee for designation of public amts and donations to be considered in lieu thereof E. Co,mcil Member Durrance requested information regarding HB 2784 dealing with airline scrvices improvement project, funding available for small and medium communities outside of airports. ' r ' 38• The Council did rot meet in a continuation of Closed Meeting under Sections 551-071- 5 5 1.0 8 5 of the Texas Open Meetings Act, 39. There was no official action on Closed Meeting items held under Section 551.071-551,085 i of the Texas Open Meetings Act, % With no further business, the mecting was adjourned at 11:05 p.m. y JACK MILLER, MAYOR f, CITY OF DENTON, TEXAS l Ili IF 11 9 JFNNIFER WA1 TERS CITY SECRETAK'i k CITY OF DENTON, TEXAS ' J j I K 1 1 I Y' !1 1 'C \ I i i ,1 1 y .~1 1! Y[ t ~ ? ~P h it ~ ~ I YIY i Y r ~ ,r~ ' ri bY~, P' ,fie + I ~ '1 I Y ~~'hrti x^ri 1 y r ~'f t.F 32 X r e r ~uf Iri , a CITY OF DENTON CITY COUNCIL MINUTES July 28, 1998 After detennining that a quorum was present and convening in an open meeting, the City Council convened in a closed meeting on Tuesday, tuly 28, 1998 at 3A 5 p,m, in the Council Work Srssion Room of City Hall, PRESENT: Mayor Miller; Mayor Pro Tom Dc:siey; Council Members Burroughs, Cochran, Durrar cc, Kristofcrson, and Young. ASSENT: None L Closed M"ting: A. Conference with Employees - Under TEX. GOV'T. CODE Sec. 551.075, The Council received information fro n employees during a stal°conference or briefing, but did not del6crate during the conference B. Personnel - Under TEX. 60V7. CODE Sec. 551,074 1, ie Council discussed the appointment of an Acting City Manager and the duties of the appointee. ]'he Council convened into a Work Session Tuesday, July 28, 1998 at 6:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Miller; Mayor Pro Tom Beasley; Council Members Burroughs, Cochran, DutranC., Kristofcrson, and 1'ouny ABSENT: Nonc i I, The Council received a report, held a discussion, and gave staff direction regarding the Denton Central Appra sal District's budget. Kathy DuPloso, Assistant City Manager for Pirimce, stated that Council would consider approval of the Denton Central Appraisal District's budget at the August 4th meeting. Joe Fotsytlhe, Denton Ccritral AMraisal District, stated that the total bt,dget for the District was ♦ $4,079,934,00. E Mayor ProTem Beasley stated that the 01ily evaluation was increased due to the level of service needed to appraise Eutcl, She ouestioned if the plans had changed since Entel had rlaced their plans on hold. ♦ I'orsythe stated no [hat this was the second year of a two-year contract. Even though Entel was on Ilp hold, they would still have to evaluate what was there, The entire amount might m: be paid out as indicated in the budget but they would still have to proceed with the major portion or the contract, Mayor Pro'rem Brasley stal,d that Council was not given acluais of what was spelt last year and she felt that was really needed in order to d^ta,rtina the budget for next year. 1 e Ing" 0 I City of Denton City Council Minutes July 28, 1998 Page 2 Forsythe stated that he could deliver that to the Council, Those figures went out with the audit near the ehd of the budget year. Council Member Kristofcrson stated that there had been an increase in budget equipment inventory and custom homes. She questioned which area of Denton had increased. Forsythe indicated that most of the growth was in th . uouthern portion of the County. Denton's share of the budget was bassi on the City's tax levy. en the tax exempt property had to have work done on it. Mayor Miller asked if there were enough people to do th( appraisals with this budget. He had been concerned about the numbers for several years. Forsythe replied he hoped so as the Board did not remove any of his requests for additional people from the proposed budget. Consensus of the Council was to draft an ordinance approving the budget as proposed. 2. The Council received a report, held a discussi m, and gave staff direction regarding the City's ad valorem tax rate and changes to the property tax code, Jon Fortune, Director of Management and Budget, stated that prior to legislative changes in the Iasi session, there was a trigger that would require a special notice and the holding or n public hearing whenever an entity adopted a tax rate that exceeded the notice and hearing limit, which was the lmver of the effective rate times three percent or the rollback rate. The Legislature this year eliminated the notice in hearing rate and required taxing jurisdictions to have a special notice and hold a public bearing whenever a tax rate would result in any increase in total property tax revenue over the prior year, It was anticipated that this would nat be used for this budget year. }le presented a calendar with important dates dealing with the adoption of the budget as shown in the agenda materials. Consensus of the council was to proceed as proposed, w 3. T he Council received a report, held a discussion, and gave staff direction regarding Hotel A Occupancy Tax allocations. Jon Fortune, Director of Management and Budget, slated that current contracts with Hotel Occupancy Tax (1101) recipients would expire on September 30th, Council needed to decide future allocations and a number of other issues regarding the management and distribution of the lax funds. Issue I. Carry forward obligations - In 1993-96 Council approved a provision that would allocate A funding based on a pcrceptage vp to a cap. The provision required any excess HOT revenue over the budgeted amount to be distributed (carried forward) in the subsequent year according to the contracted allocation percentages. A problem was that there was no contractual requirements concerning fumre carry forward money. One concern was that there were some entities the City no lo,tger had contracts with that were still eligible to receive carry forward money. It was proposed to use a rescnro appropriation to pay the agencies still entitled to parry forward money and no longer deal with carry forwards. s 0 City of Denton City Council Minutes July 28, 1998 Page 3 Consensus c f the Council was to proceed as proposed by staff. Issue 2. Allocation • split growth option - This proposal allowed for fiiture allocations for growth and still kept a portion of the amount of funds for City projects. The proposal would increase recipient allocations by a maximum of 5% over their 1997-98 budgets and allow the City to keep the remaining portion of 5% for altern.tc purposes. Consensus of the Council was to proceed with the split growth option. Issue 3. Annual audit - Staff was recommending to use HOT funding to conduct annual external audits of the recipients. Council Member Cochran felt that this was a reaction to only one instance and was not needed. DuBose stated that this had been done a number of years ago and numerous agencies had problems so this was not a new problem. Consensus of Council was to refer the proposal to the Lalor Cor mitlee for a proposed policy. Issue 4. Contract temts -Staff was recommending changing contract periods to three year terms. Council Member Kristofcrson suggested first time recipients be given only a one year contract and then perhaps a three year .ontract after that, City Attorney Prouty stated that the contracts had a 180 day termination clause without cause, He felt that was really too long and rccomrncndcd a 30-60 day period. He also suggested quarterly reports be done for each recipient to be approved by the City Manager. The tunds would not be paid until that report was approved. Mayor Nliller suggested having one year contracts for the first three years and then go to three year contracts. n Consensus of the Council was to have one year contracts for the first three years and after that go to three year contracts. I Issue 5. Unspent funding - Staff recommendailon was that at the end of the fiscal year, excess HOT funds should be returned to the City. A timing process still needed to be determined for this proposal. i Council Member Cochran felt that this clans; would allu,e for amended budgeti for the flexibility 0 for usage of the funds: Fortune stated that some entities maintained a reserve for certain functions: All money not spent ' would be rclumed and not be kept in a reserve so as to keep accountability with the funds. Council Member Durrance felt this was an item for the Lalor Committe: to consider for an exact proKsal. MUM r Dili e 0 f City of Denton City Council Minutes July 28, 1998 Page 4 i Issue 6. Quarterly reporting - The staff recommendation was for a January-December coutracl for recipients. Revenue currently was not lining up with the expenses. Going to the actual contract year would resolve this problem. Consensus of the Council wps to proceed as proposed. Issue 7. Third party management - It was the recommendation of the staff to not delegate The management and allocation of HOT funds to another organization. Consensus of the Council was to follow the staff recommendation. Issue 8. Number of HOT recipients - The recommendation was that Council consider a policy to limit the number of recipients each year. The use of selection criteria to limit the number of potential recipitnts would help maintain or reduce the current number of recipients. Council Member Kristoferson felt that the criteria was needed but not perhaps a limit on the number of recipients. There may be a need for staff allocation to monitor these contracts. Mayor Pro Tcm Eeasley expressed a concern about fracturing the money in such small amounts for everyone •vho requested it. A criteria process was good but a limit might also be needed. Council Member Durrance felt that the applications needed to go to Lalor Committee, fie also suggested That the Committee develop a set of criteria to be reviewed by the entire Council Consensus orthe Council was to submit the proposal to the Lalor Committee which would formulate a recommendation to Council, Council could modify the recommendation if desired. The Committee would forward to Council a rational for selection ofreripicnts. Issue 9. Selection Criteria - considered with Issue #8. 4. The Council received a report, held a discussion and gave staff direction regarding Lake Chapman (Cooper Lake) contract between the City of Denton and Upper Trinity Regional Water District considering the pass-through of water from -cooper (Chapman) Lake. Jill Jordan, Director of Watcr'Wastewater, stated that in 1990 the Upper Trinity Regional Water District (U1 MAID) purchased a portion of water from Lake Cooper (now Lake Chapman). The UTRWD's proposed pass through agreement with Denton would allow for the conveyance of UTR%k'D's Chapman Watcr supplies through Lake Lewisville to the existing water supple intakes. 4 Jordan reviewed the provisions of the contract and the key components that were listed in the agenda materials, Mayor Millcr asked at what point world it be determined that this was not in the best interest for the City. 1 Jordan stated that she had received a letter from the UTRWD for a time frame to decide whether Denton would continue with the project. She felt it would be good to remain in this pass through agreement as Denton would be getting revenue only and not putting out any moray, ~.Y ,r- 25 I 32 x i A O r"W" I i I I City of Denton City Council Minutes July 28, 1998 I Page 5 5. The Council received a report, held a discussion, and gave staff direetion regarding Planned Development Multi-Family zoning issues. Dave Hill, Director of Planning and Development, stated that Council had requested staff to prepare information for discussion regarding the feasibility of a Planned Development Overlay District. Staffs recommendation was that any action taken to develop an overlay district for the purpose of regulating multi-family development densities be postponed until the completion of the comprehensive plan, Several reasons were detailed in the agenda materials for this recommendation. i Council Member Cochran asked if there was a way to put a time limit on existing and fut ire planned developments. Hill stated that considering the market conditions in 1980 and the current change in the development market, what had been approved then would not apply now. Staff was already seeing evidence of that as current planned deveiopmente were being processed with amendments. Detailed plans already had a time limit on them. I Council Member Cochran asked if the time limit could ~c a condition of the zoning. Hill stated that that was not allowed. I City Attorney Prouty stated that there were two ways to address the situatioi. An existing planned development would have to come back for consideration and when changes were asked for, a condition could be imposed for development within acertain period of time. Another possibility was overlay toning on planned developments with time limits. I hill stated that a concem was that typically there had to be a legitimate public purpose for a time clause on the zoning. In recent years there was a movement to protect private property interests. Council Member Durrance asked about a comparative analysis on balance growth by lot site or dcvclopmenl site. Hill stated th it that might be incorporated with the growth management study. Mayor Miller suggested looking at the issue of demand and price of the land as to how dense to develop it. I Council Mcnmbcr Kristofcrson asked about time extensions. Hill stated that right now that was considered at the Planning and Zoning Commission level but t could be changed to a Council consideration. Consensus of the Council was to look at extensions and conditions for planned developments as part of the Denton Development Plan review. f~ r '~hK~C3 32xID KML 0 , 0 a City of Denton City Council Minutes July 28, 1998 Page 6 6. The Council received a report, held a discussion, and provided direction to staff regarding the interim Corridor Ordinance, Dave Hill, Director for Plarming and Development, stated that staff had had several extensive discussions with the Chamber of Commerce regarding this issue, A joint public hearing with the Planning and Zoning Commission was scheduled for August 4th. A committee had been set up with the Chamber for discussions on the issue. Another meeting with the Chamber would be held aflu the public hearing on August 4th for further discussion. Chuck Carpenter, Denton Chamber of Commerce, stated that two key points of concern for the Chamber were tho compliance period and the comparison of standards of commesiat'retail to industrial/warehoese, Ile requested additional time for clarification. Consensus of the Council was to proceed with the process as outlined. Following the completion of the Work Session, the Council convened into a Special Called Meeling. I . The Council considered :.nd adopted a motion to reconsider an ordinance establishing fees to be charged for emergency ambulance services and standby emergency ambulance services in the City of Denton as provided for in See. 27.102 of Article IV of Chapter 27 "Vehicles for Hire" of the Code of Ordinances of the City of Denton. Beasley n•otioncd, Cochran seconded to approve rcconsiderat;on On roll vote, Beaslcy "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristofewn "aye", Young "aye", and Mayor Miller "ayc'". Motion carried unanimously. 2. The Council considered adoption of an ordinance establishing fees to be char;ed for emergency ambulance services and standby emergency ambulance services in the City of Denton as provided for in Sec. 27.102 of Article IV of Chapter 27 "Vehicles for Hire" of the Code of Ordinances of the City of Denton. Ross Chadwick, Fire C!;;cf, stated that there were issues to discuss at this meeting, The ordinance presented at the last meeting never meant to discriminate against anyone. Much research had been done on this issue and recomniendations were given from the billing company. Based on some of A the perceptions in the community and other communities, staff wps recommending rescinding the portion of the ordinance dealing with an additional charge for patients over 300 pounds, This additional charge was a national standard and was nothing unusual. The second issue dealt with the non transfer fec. I Ic was confused by the language in the criinance. The fee listed was $50 plus the cost of supplies when not transported. Ile thought Council had directed sraff to not charge the $50 but to charge for cases when to individual was transported by another agency. The ordinance indicated just the opposite. o Mayor Pro Tcm Beaslcy asked how many timcs an ambulance went out to a home, provided service and did not transport the patter'. Chadwick stated that an estimate would beat least ten times per week. This v,as a very common occur cnccl r C1 32 x O s • o 6 n • Axon m I City of Denton City Council Minutes July 28, 1998 Page 7 Council Member Burroughs stated that ifthcre were multiple means of transport available, insurance would not pay for the other means of transport that was there Ile felt that was unfair to the individual in that case. He would agree with charging for supplies used even if an alternate means of transport was used. Chadwick stated that that would not happen in the city limits as the city service was the only one allowed. Council Member Young expressed a concern about having to pay for rn ambulance call and not using the transport service. Chadwick stated that if an ambulance went on scene and did a basic assessment, there would be no charge. But i f the individual were treated, there would be actarge, Council debated the issue of whether or not to include the charge for non-transport. Cochran motioned, Young seconded to remove Items "g" and "m" from the ordinance. Mayor Miller stated that Appendix "A" would also have to be amended. Council Member D,Arrance called 0,: question. On roll vote, Beasley "aye", Burroughs "aye', Cochran "aye", Durrance "aye", Kristoferson "aye", Young "ay", L. 1 Mayor Miller "aye". Motion carried unanimously. 3. The Council considered nominations/appointments to the City's Boards/Commissions. Council approved nominations and made further appuintments As indicated in an attachment to the agenda materials. 4. The following official action was taken on Closed Meeting items held under Section 551.071-551.085 of the Texas Open Meetings Act. 1 A. Burroughs motioned, Young seconded to employ Mike Jez as City Manager and to • request Vic City Attorney to prepare an employment contract to be considered at the next council session. On roll vote, Bcaslcy "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristofcrson "aye', Young "aye", and Mayor Miller "aye". Motion tamed unanimously. f With no further business, the meeting was adjourned at 9:15 p,m. JENNIFER WALFERS JACK MILLER CITY SECRETARY MAYOR Cl fY OF DENTON, TEXAS CITY OF LENTON, TEXAS h ~I 10 32 X I 0 Agenda No.- Agenda 11cnij Q AGENDA INFORMATION SHEET Oaie~__iD i AGENDA DATE: October 6, 1998 DEPARTMENT: City Manager's Office CM.. Michael W.1ez, City Manager, 349-8307 SUBJECT Consider a request for an exception to the noise ordinance for Cooper Creek United Methodist Youth Ministry "Kids for Christ Youth Rally" to be held Saturday, October 17, 1998, from 3:00 p.m, until 2 a.m. BACKGROUND The Cooper Creek United Methodist Youth Ministry will be sponsoring a "Kids for Christ Youth Rally" on Saturday, October 17'h, from 3:00 pmv to Midnight at the church. The church is located at the corner of Mingo and Cooper Creek Roaris. The main source of the noise will come from the use of amplified sound for the live music entertainment, choirs, and speakers. As you know, the noise ordinance declares loudspeakers, amplifiers, and musical instrumens a noise nuisance, particularly after 10:00 p.m. Monday through Saturday and anytime on Sunday (Attachment 3): The ordinance does, however, provide that the City Ck.ur:cil may make exceptions when the public interest is served. The organizers have been informed that should Council approve this request, responsible use of the amplified sound is still required bi Section 20.1 of the City of Denton Code of Ordinances. In particular, Section 20.1(x) slates: 11 shall be unlawful for any person to make or cause any unreasonably loud, disturbing, unnecessary noise which causes or may cause material distress, discomfort or Injury to persons of ordinary sensibilities In the immediate vicinity thereof '~`f O • a4I ! I 1 awl KIa:, 32XI❑ G 1 ea~wars PRIOR ACTION(REVIEW (Council. Boards. Commissions) None. FISCAL INFORMATION None. Respcctrully submitted; C xtlUi.~ ' { Betty Wil ems Assistant to the City Manager Attachments: 1, Request from Jack Richardson 2, Map 3. Noise ordinance f t 2 25 32XIO v ~ I *..UAW • O i r I i 1 :'1~'t r ~ r~°'~~ ."W~~~~~+ L~:~~k4 ~.4~1~~1Y'Re'rti'F ~~'i•-t~{.~~IV~ .`hY ',Wi`4.r, si'e¢^;t, ~ r 1. Cooper Creek United Methodist Youth Ministry Mingo of Cooper Creek beAton, TX 76201 jSeptember 24, 1998 , City of Denton 215 F. McKinney Denton, TX 76201 Honorable Mayor and Members of the City Council; On Saturday, October 17, 1998, the Cooper Creek United Methodist Youth Ministry will be spumoring a `Kids for Christ Youth Rally" for `kids" of all ages, will be held at Cooper Creek United Methodist Church located at the corner of Mingo and Cooper Creck Roads. The event will run from 3 p.m. until midnight. There will be speakers, bands, and choirs using a soand system. We are requesting an exception to the noise ordinance until 2 a.m. In the event the Spirit of God keeps the music and praising going. There are no residences located In the immediate area, We would also like to extend an invitation to you to come and witness Christians expressing their faith. Bring your families and your lawn chairs, We appreciate the Cuuncil's consideration of this request. Sincerely, 1 ` Eck char son r t d 1,ay Lean •r 11' 11 0 3 25 10 31x' I Ll e l Cooper Creek United Mathodist Church Enpfner►ing 6 Transportation 0•I.S. • September 30, 1998 0 60=00 OwknotyURAN Fei and ROWS ELI Pence Una ROMIG& 4 200 0 200 400 Fog 0 ❑ 1 woo a 0 oe , a do 10 LO 13 n r r 31 ,f 11010 , ❑ wo, 10 t1d Q 111 • • U II yt4 ^,tmin 2r) ❑ 'V Mfr x I 4~/fY • 0 0 umtxo Chapter 20 NUISANCES' Art. 1. In Clenerel, 1120.1-20-30 Art. 11. Abandoned Property, 44 2P-31-20.10 Div, 1. Ceneraliy, 44 20-31-20.40 Div. 2. Motor Vehicles, 14 20.41-20.70 Art. Ill, Cross and Weeds, It 20.71-20.73 ARTICLE 1. IN GENERAL Sec, 20.1. Noise, fat it shall be unlawful for a:,y person to make or cause any unreasonvbly loud, disturbing, unnecessary noise which causes or may cause material distress, discomfort or injury in persons of ordinary sensibilities In the immediate vicinity thereof. (b} It shall be unlawful for any person to make or cause any noise of such character, intensity and continued duration as to substantially interfere with the comfortable enjoyment of private homes by persons of ordinary sensibilities. (c) The following acts, among others, are decla ad to be noise noloaaces In violation of this Code, but such enumeration ahatl not be deemed to be exclusive: (U The playing of any phonograph, television, radio or any musical Instrument in such manner or with such volume, particulrry between the hours of 10.00 p.m. end 7.00 a.m., as to annoy or disturb the quiet, comfort or repose of persons of ordinary rensibilities in any dwelling, hotel or other type or residence; (21 The use of any stationary loudspe-ker, amplifier or musical instrument In ouch manner or with such volume as to annoy or disturb persons of ordinary sensibilitles in the Immediate vicinity thereof, particularly between (lie hours of 10.00 p.m. and 7A0 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 application when the public interest will be served thereby; (3) 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 atop work or as a warning of danger; (4) The erection, excavation, demolition, alteration, or repair work on any building at anytime other than between the hours of OA0 a.m, and 8:30 p.m. Monday through Friday from June 1 to September 30; between TO a.m. t ad 8:30 p.m, Monday through Friday from October 1 to May 31; between 8.00 a.m, and 8:30 p m. on i 'Cross references-Protected migratory bird roosts declared nuisance, 16 81; inopec• lion and abatement warrants, 1 19.80 et seq; insect and rodent control in mobile home and recreational vehicle parko, y 32.91. Sapp No a 1389 5 t 2h I~~ 32do 1 0 ' I j A reaar.n 1201 DENTON CODE I Saturday; and between 100 p.m. and SM p m. on Sunday; provided, howeverthatthe city council may Issue special stilts far such work at other hours in case of urgent ' necessity and in the interest of public safely and convenience. (5) The crenlion of any loud and excessive noise In connection with the loading or unloading of any vehicle or the opening or destruction of bales, boxes, crates or containers; (6) The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by the creation of noises to any performance, show, theatre, motion picture house, sale of merchandise ordisploy which causes crowds orpeople to block or congregate upon Ihn sidewalks or streets near or adjacent thereto. Code 1966, 4114-20, 1421; Ord No. 95.1114, 11, 9.12.95) Cross reference-Animal n•+ise, 1 6 26. Sea 20.2. Odors. (a) It shell be unlawful for any person to create or cause any unreasonably noxious, unpleasant or strong odor which causes material distress, discomfort or Injury to peraana of ordinary sensibilities In the immediate vicinity thereof. (b) It shall be unlawful for any person to create or cause any odor, stench or smell of such character, strength or continued duration as to eubelanlially interfere with the comlartabte enjo)-meut of private homes by persons of ordinary sensibilities. (cl The following acts or conditions, among others, are declared to be odor viiisances in viointion of this Code, but such enumeration shell not be deemed to be erclasive' 11) Offensive odors from cow lots, hog pens, fowl coops and other similar places where animals ore kept or fed which disturb the comfort and repose of persons of ordinary sensibilities; ' (2) Offersive odors from privies and other similar places; (5) Offensive a `orb tram the use or posecasion 4chemicals or from induetrial processes or activities which disturb the comfort and repose orpersons of ordinary sensibilities; (4) Offensive odors from smoke f - m the burning of trash, rubbish, rubber, chemicals or other things or subgtar.ca; 15) Offensive Acts fr,m stagnant pools aliowcd to remain on any premises at from rotting garbage, refuse, offal or dead animals on any premises. (Code 1966, 1114 22, 14.23) Sec, 20.3, Uarba=e, trash and rubbish nulaence"enerally. • (a) Storing or keepinir garbage, trash and rAbish. The etorlug or keeping of any and all stocks, heaps or pilee of old lumber, refuse, junk, old can or machinery or parts thereof, garbage, trash, rubbish, scrnp material, ruins, demolished or partly demolished structures or buildings, piles of etooes, bricks or broken rocks on any premises bordering any public street i i Supp.No s 1390 h SAssr; . 02X1D O If Agenda No,JQ IU5~ _ Agenda Item AGENDA INFORMATION SHEET ~ I i , AGENDA DATJ,t October 6, 1998 DEPARTMENT: City lvlanagcr',; Office CAS: Mirhnel W. Jet, City Manager, 349-830 I s_41RJECT Consider a request for an exception to the noise ordinance for the Benton Main Street Association second annual Pops in the Park Concert to be held Sunday, October 25, 1998, in Civic Center Park from 3 p.m, to 6:30 p.m. h BACKGROUND the Denton ivlaii; Street Association is sponsoring the second annual Pops in the Park Concert in Civic Center Park on Sunday, October 25, 1998, from 4:00 p.m. to 6:00 p.m, fhe Univers'ty of North Texas Symphony Orchestra and the UNT Opera Theater will perform the,:oncert. The Association is requesting an exception to the noise ordinance from 3:00 p.m. to 6:30 p.m. to allow ample time for setting up and dismantling the sound system. The main source or noise will be from amplified sound from the loudspeakers for the orchestra, the singers, and the emcee. This event was held last year in Civic C'er:tcr Park and n,.) complaints were received. 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 11 amtime on Sunday (Attachment 3). The ordinance does. however, provide that the City Council m.ay make exceptions when the public interest is served. ` 'I he organimrs have been informed that should Council approve this request, responsible • use of the amplified sound is still required by Section 20.1 of the City of Denton Code of { Ordinances. In particular, Section 20.1(a) states: It shall be unlawful for any person to make or cause any unreasonably loud, disturbing, unnecessary noise which causes or may cause material Jistress, ' discomfort or injury to persons of ordinary sensibilities in the immediate • vicinity thereof. E • • I t 32XID ~0 s . c I E PRIOR ACTIOWREVIEW (Council. Boards, CommWIonsl None, f FISCAL INNFORAIATION None. Respectfully submitted: B ty Will s Assistant to the City Manager Attachments: 1. Request from Julie Clovcr, Denton Main Street I Map 3. Noise ordinance r J. t t 'r 2 Y I l F r ~yj x 32X ' I i ara.aas. i o i i ' i i Memorandum CITY MANAGER'S OFFICF i To: Belly Williams, City Manager's Office CC: Linda RAW,, Economic Dnviopmcnt ! From: Julie Clover, Main Stract Dab, 09129/98 Re: Noise varlance for "Pops in t1N Auk" The Denton Mail Sow A nocielim is platrung thewcan araual Pops in the Pak Concert The concert will be panfamed by the f,,5uymity of North Tom Sy * my Orchestra and the LINT Opera Theater n Civic Cettef Park m Sunday, Odeber 25, fiem 4 p m to 6 p m Ian aware that a noise vatiarrce is required n order to ha%v amplified sound in the park on a Sudsy. W9 1A ould like to request the vartanoe for 3 p in. to 6:30 p m on Sunday, October 25. This time frame waned allow for sound checks be rote the concen. Amplificationwill be limited to tlk volume necessary for ohe ryrchcstm. an emcee, and singers who will perform s portion of the program. Admission to the conocri is free lathe public We had no complaints about this concert last year, and this )car's program will be similar in Icrgth and content. The Bcn E Keith Foundation and the Denton Record-C tronlcte are tmdcm-Thing this ecnnt, Please conlad me if) ov need aftficwW Information. Thank you for your assistance. i i s 1 ri 4 a: 'r i a 3 0 32 r i d j F 0 I II o I I ~ FfAMt1 1 I I I CIVIC CENTER PARK i N 1 N'ItMRS ~ A l s ~ ~ I ~ I f rtro if>Ik 1 ~ I RTI: FF 14fF M I.IHK kRY C w '^bF 11\1L• (III (VF • O , 18 IMI { I C~i i • C9 p o a o • lit t~ e+ Ir ~ Q V'FIWLY I 0 32XIO RPM& i 0 chnpler20 NUISANCES' Art. 1. In Gencral, 44 20.1-20.30 f Art. IL Abandoned Properly, 4120-31-20-70 Lily. I. Generally, 44 20.31-2040 Div 2. Motor Vehicles, 44 20.41-20.70 Art, Ill. (Grass and Weeds, 44 20.71--2073 Alt'IICLE I. IN (GENEIM Sec. 20.1. Noise, 10) it shall be unlawful for any person to make or cause any unreasonably loud, disturbing, unnecemeary noise which causes or may cause material distress, discomfort or Injury to persons of ordinary sensibilities In the Immediate vicinity lhereor. Ib) It shall be unlawful for any person to make or cause any noise Fir such character, intensity and continued duration as to substantially interfere with the confortable enjoyment of private homes by persons or ordinary sensibilities. icl The following ncla, among others, are declared to be noise nuisances In violation of this Code, but such enumeration shall not be deemed to be exclusive! i I I The playing or ariy phonograph, television, radio or any musical Instrument in such manner or wi'li much volume, particularly between the hours of 10:00 p m. and 711 a m., as to annoy or disturb the quiet, comfort or repose of persona of ordinary sensibilitles In any dwelling, hotel or other type or residence; n21 The use of any slationary loudspeaker, amplifier or musical instrument In such manner or with such volume as to annoy or disturb persons of ordinary sensibilities In the immediate vicinity therear, particularly between the hours or 1000 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 trey make exceptions upon application when the public Interest will be served .'•ereby; f31 The blowing or any steam whistle attached to any stationary boiler jr the blowing of any other loud or far reacliing steam whistle within the city limits, except to give notice of the time to begin or stop work or as a warning of danger; 14) The erection, excavation, demolition, alteration, or repair work on any building at anytime other than between the hours of 6:00 r m. and 8:30 p.m. Monday through Friday from June 1 to September 30; between 7:00 a.m. and 8:30 p.m. Monday through Friday from Octcber 1 to May 31; between 8R0 a.m. and 8:30 p.m, on 'Cross references-pnntecledl migratory birj roosts declared nuisance, 1887; inepec• limn and abatement warrants, 119 80 et seq; Insect and rudent control In mobile home Ind III tecreatlanal vehicle parks, 1 32.91. Surr.No.1 1389 5 1 o Gaut%* 0 LaaR" 1 4 20-1 OENTON COUL Saturday; and betweca 1:00 p.m. and 8 30p m. on Sunday; provided, however that the city council may issue special permits for such work at other ! wrs in casr of urgent necessity and in ilia Interest of public safely and convenience. (ii) The creation of any ioud and excessive noise in connection with the loading or unloading of any vehicle or lane opening or destruction of bales, boxes, crates or container?, (6) The use if any drum, loudspeaker or other Instrument or device for the pure ^e of attracting attention by the creation of noises to any performance, show, theatre, motion picture I use stile o; merchandise or display which causes crowds or people to block or congregrte upon the sidewalks or streets near or adjacent thereto, (Code 1966, 1114-20, 1421; Ord. No. 95.184, 11, 9.12.95) Cross refetence-Animal noise,; 6-26. Sec, 20.2. Odom, 1a) It shall be unlawful for any person to create or cause any unreasonably noxious, unrdensant or strong odor which causes material distress, discomfort or Injury to persons of odinary sensibilities In ilia Immediate vicinity thereof. 161 Il ahaiI be unlow fu) fur any person to create or cause any odor, stench or smell of such charncler, strength or continued duration as to subetmrtially interfere with the comfortable enjoyment of private homes by persons or ordinary sensibilities. (c) T'he following acts or conditions, among others, ere declared to be odor nuisances in viola don of this Cud • imt such enumeration shell not be deemed to be exclusive: ill Oitennive oinra from cow lots, hog pens, fowl coops and ether similar places where animnts are kept or red which disturb the comfort and repose of persons of ordinary aensibllitics; (2) Uftensive odors from privies and other similar pieces; (3) ORcnalvr odors from ilia use or possession or themicnls or from Indr.alrial processes or activities which disturb the comfort and repose of persons of ardlnnry sensibilities; (0) Offensive odors from amoks from the burning of trash, rubbish, rubber, chemicals or other things or substances; (5) Offtmilve odors from atagtiont pools allowed to remain on any premises or front rotting garbage, refuse, cited or dead animals on any preodses. (Code 1966, 1114-22, 14.231 Seu, 20.3. Garbage, trash and rubbish nuisances-C+rnerrlly, (a) Storing or Beeping garbage, trash and rubbish. The aloring or keeping crony and all p slacks, heaps or piles of old lumber, refuse, junk, old ears or machinery or parts thereor, garbage, trash, rubbish, acrap material, ruins, demolished or partly demolished structures or buildings, piles of stones, bricks or broken rocks on any premises bordering any public street Sti pp. Ns.e 1394 6 2 x 32 xi❑ o , u - i apeada No Agenda lean - 0ate_Alf!_~~ AGENDA INFORMATION SHEET r AGENDA DATE: October 6,1998 For Questlons Contact 349-8206 DEPARTMENT: Finance ACM: Kathy DuBose jitIBdECT: Consider approval of a tax refund to J C Penneys #1046.2 for $2,518.81 due to a lax liability reduction on i v96 Supplement from the Denton Central Appraisal District on tax account #900848, BACKGROUND Chgter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500.00 and chapter 42.43 of the Tcxaq Property Tax Code requires an automatic refund of an overpayment subsequent to an appraisal district value supplement. J C Penneys 41046.2 paid their 1996 tax on January 21, 1997 prior to the supplemental reduction of their appraised value. The appraisal district has amended the 1996 appraised value due to a protest filed by J C Penneys and a court ordered judgement. The supplement resu ,ud in an overpayment of the 1996 tax and a refund is due to J C Penneys #1046-2. PRIOR ACTIONIREVIEW_(Council, Boards. Commissions] Not Applicable FISCAL 1NFOMIIATION The tax overpayment revenue fund would be reduced by 52,51811. Respectfully submitted, iaria Ortiz i Director of Fiscal Operations 4rPre no Tax Specialist I' 10 8 ' ~rs4ai , ' p i *snow f 1:C: m'•i.ri W-n~.h.F+4 s• i..,.,. ,.~kl4'.`.ww4J1+J•+P MYiWFF,4iUNM.4ellikM'M14VYTIWMIUMMtlVroMrgf ~ niA_r* DENTON CENTRAL APPRAISAL DISTIUCT 3911 MORSE STREET, P O Box 2816 DENTON, TEXAs 76202-2816 September 1, 1998 CITY OF DENTON RE; 1996 Supplement on Account No. P900848 J C Penneys #1046.2 The above rererenced account(s) were on your 1996 Under Protest Roll, therefore only the under protest value not in dispute was used on your effective rate calculation and in ' the preparation of your budget. The refund amount is based on the value that was in dispute. o t 1 ~ 1 v ,I i CITY 01' 1i! F~'I'CN TAX DEPARMENT NIONE: (940) 566.0904 METRO: (972) 041601 FAX! (940) 3R7.4814 32x • o 0 ~i 1996 SUPPLI.fr1ENT TO: CITY OF DENTON Date: 9/1/98 FROM: DENTON CENTRAL APPRAISAL DISTRICT P,0. BOX 2816 DENTON, TX 76202.2816 OWNER: J C. Penneys #1046-2 ACCOUNTS: P900848 Property Tax Office PO Box 10001 LEGAL DESCRIPTION: Dallas, TX 75301.0001 Personal Property • Department Store Location: 2201 135E S #0, Denton PREVIOUS CORRECTED Imp HS: 0 Imp HS: 0 Land HS: 0 Land HS: 0 Imp NriC, 0 Imp NHS: 0 Land NHS: 0 Lend NHS: 0 Ag Mkt: 0 Ag Mkt: 0 Ag Use: 0 Ag Use: 0 Personat: 2,227,450 Personal: 1,750,765 M noral. 0 Mineral: 0 Exempt 0 Exempt: 0 Taxable: 2,221,450 Taxable: 1,750,765 Loss: 478,685 Imp SPTB, Gain: Lend SPTB Pars SPTB: L1 q Initialed By, MES Approved By: Reason: Court Ordered Judgment • Thls will be on the October a{ rf computer generated supplement. ~I i ^ 9 d I. ~,y q i 11 This account was on the Under Protest Roil a1;1,276,328 r which will be a net gain of $474,431, C11'r' I!'"11+.11 d f v4f",11,(i.iinr % , 32x10 O I Sam%$ I I Please send refund check to: C PENNEY COMPANY, INC CIO Scott Breen 1100 N.E. Loop 410 Suite 801 San Antonio, TX 78209 } lift C J ' r 4 ,,...r u !a 32 x111 0 i i REPORT YIOR05OW 03/02/98 AT 18:44 0 V E R P A V M E N T 5 II, ACCOUNT NO, RECEIPT NO. NAME ADDRESS AMOUNT STATUS OF 03443800000 97/12/C2.0001 AMR PROPERTIES N 1-35E 740.46 OVERPAY 18602700000 97/12/02-0002 AMR PROPERTIES - N 3.35 2, 071.41 OVERPAY •90084800OC0 97112/02-0004 U C FENNEY CO INC 01046.2 19 7 MALL D 2,618.81 OVERPAY TOTAL OF OVERPAYMENTS 36,461,80 r o.oo •i a w 32x1 0 Agtnda No ._..7~' Benda 11ein AGENDA INFORMATION SHEET Oata_ ~Q'~''9~.. AGENDA DATE: October 6, 1998 DEPARTMRNTt Fire CITY MANAGER:Mike kz, 349.830 'j b SUHJEC Consider adoption of Ordinance and approval of an Interlocal Ambulance Agmcment between the City of Denton and the cities of Argyle, Corinth, Hickory Creek, Krum, Lake Dallas, Pander, Sanger and Shady Shores, BACKGROUND The :nterlocal Agreements for Ambulance Service between the City of Denton ant the cities of Argyle, Corinth, Hickory Creek, Krum, Lake Dallas, Ponder, Sanger and shady Shares began in 1980 and provide for the continlration of emergency medical services to the small citie4 within our service area. ESTINIATED SCHEDULE OF PROJECT (hot Applicable) PRIOR, CTIONIREVIEW iCouria Boards. Comtnlsslone) Council has approved these agrrements since 1980. The revisions being made to the 1998.99 agreements from last year are: Per capita charge is increasing from $5,75 to $6,50 Populations will be based on the estimated January 1, 1998, Council Government figure FISCAL INFORMATION This will comprise approximately 10% of our total EMS Revenue for this 11scal year. No other program or department is affexted, however, without this sipeement we would have to stop service to the 9ma11 cities. SID INFORMATION (Nol Applicable) MAC (Not Applicable) j [ Rot-wifully prepared & submitted' Ross Chadwick Fire Chief x 10 32,X 10 i , s • 0 r rvMUm¢n i ORDINANCE NO. AN ORDINANCE Aoi=ROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF ARGYLE FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. I THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Council of the City of Denton hereby approves an Interlocal Agreement for Ambulance Service between the City of Denton and he City of Argyle, a copy of which is attached hereto and incorporated by reference herein, and the Mayor, or in his absence the Mayor Pro Tem, is hereby authorized to execute said Agreement on behalf of the City. SE ON 11, That this ordinance shall become effective immediately upon its passage and approval, PASSED AND APPROVED this the day of , 19_ JACK MILLER, MAYOR ATTEST )EWNIrER WALTERS, CITY SECRETARY BY; O APPROVED AS TO LEGAL FORM: 1{ERBERT L. PRCUTY, CITY ATTORNEY BY; dlr. ` `'/y/• M ~ O O jv r'dsddM'LIN aw a,um,ntla/la,np'vl'rnlnl,M,,ehICl Neill A, I a e 10 2 S 10 32X i 0 I I INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE 1 BETWEEN THE CITY OF DENTON AND THE CITY OF ARGYLE. I Recitals j I The City of Denton currently provides emergency medical services to the citizens of Denton, The city of Argyle would like to contract with the City of Denton to receive emergency medical services for its citizens Pursuant to Chapter 774 of the TEX. HEALTH AND SAFETY CODE (Vernon 1992) and the Interlocal Cooperation Act, TEX. GOV'T CODE ANN. §791.1101, el 1 seq., (Vernon 1994), a city may contract to provide emergency medical services to the county or another city. i 'AHEREAS, both the City of Denton and the City of Argyle have the authority to perform the services set forth in this Agreement individually and in accordance with TEX, GOVT CODE ANN. 4791,011(c)(2); and WHEREAS, th, Ci / of AV gyle u;II mate all p, yznents for serv ices out of available current revenues and the City )f Denton agrees that the prymtents made by the Cary of Argyle hereunder will fairly compensate it for the services perforated; NOW, THEREFORE, WITNESSUH A nett ern This Agreement is made on the day of 199, between the City of Denton, Texas ("Denton"), and the City of Argyle ("Argyle'). 1 The parties agree as follows 1. ben" Itlons Emergency Medical Services or E.M,S. means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to prevent death or aggravation of physiological or psychological illness or injury, 2. Denton to Provide EMS to Argyle. Denton shall provide emergency medical services to Argyle in response to requests for emergency medical services In accordance with This Agreement. All requests for emergency medical services for persons residing in the corporate limits of Argyle shad be communicated to Denton in the manner specified by Denton. i 3, Ulsettlion In Providing FAA. Argyle understands that Denton must also respond to requests for emergency medical services for persons in Denton and that Denton has O other contracts to provide emergency medical services to other entities, Venton shall have the sole right and discretion, without being in breach of this Agreement and without liability to Argyle, to t dctcnnine, (a) vVhelher or not to respond to a request for medical emergency service; PAGE } 1 ^t - Jr) 1 01 32 X , O rwrxrw (b) Whether and when personnel or equipment are available to respond to a request for emergency medical servile; (c) The order is which to respond to a request for emergency medical service; and (d) The t;me In which to respond to a request for emergency medical service, 4, Service Fee. In consideration for providing emergency medical services to Argyle, Argyle agrees to pay to Denton an annual sum during each year of this Agreement determined by multiplying the population in Argyle by six dollars and fifty cents (56.50). The population figure used shall be the North Central Texas Council of Govemment's estimate for January 1, 1998, The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January I, April 1, and July 1, of each annual term, Denton may, after giving prior notice, suspend service to Argyle during any period of time Argyle is delinquent in the payment of any undisputed service fee. 5. Patient Charges. In addition to the service fee paid by Argyle, Denton may charge and collect from persons provided emergency medical services, the patient fees established by ordi• nance of Denton. ! 6. Governmental Immunity Not Waived. Neither Denton not Argyle waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement. 7. Term. The term of this Agreement shall be in one-year increments, beginning on October I, 1998 and continuing to September 30 of the following year and thereafter from year to year until terminated in accordance with this Agreement 8. Termination; Default, Either party may terminate this Agreement at any time without cause by giving ninety (90) days advance notice in writing to the other, specifying the date of termi- nation. If either party breaches a provision of this Agreement, the other party shall give the defaulting party wrinen notice of the default Should the defaulting party fail to correct the default within thirty days of the date notice of default is sent, the other party may declare the Agreement f terrn;nated. Argyle shall be liable to Denton pro rata for the payment of emergency medical ser• vices provided up to the date of termination. i 9. Notices, All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows: To Denton: To Argyle: jV. City Manager Mayor City of Denton City of Argyle 215 E. McKinney P. 0. Box 1035 Denson, Texas 76201 Argyle, Texas 76226 10, Agreement Not for Benefit of Third Parties. This Agreement is not intended and PAGE ~ S 'x 'A 1 10 32XIO wood 0 1 shall not be construed to be ror the benefit of any individual or create any dutj on Denton to any third party. t 11. Assignment, Neither party shall assign this Agreement except upon the prior written ` consent of the other. 12. Venue. Venue of any suit or cause of action under this Agreement shall lit exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the ~ State of Texas. EXECUTED on the day of _1199 CITY OF DENTON, TEXAS BY: JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY j h BY: APPROVED AS TO LEOA'. FORM: HERBERT L. PROUTY, CITY ATTORNEY l - I 1 aY: ? 17 A CITY OF ARGYLE t B { ,OR ATTEST A ,0 P .RET tj► } I'Ird.M~IX.M dnrw~teedllmdMS..r.e ipL4 ~'1'~=•,r r+'' ~ OF ; PAGE 4 , '9 ♦ Y , I n x Cl 32 X ISM AM ORDINANCE NO. AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTI014 L That the City Council of the City of Denton hereby approves an Interlocal Agreement for Ambulance Service between the City of Denton and the City of Corinth. a copy of which is attached hereto and incorporated by reference herein, and the Mayor, or in his absence the mayor Pro Tem, is hereby authorized to execute said Agreement on behalf of the City. SECTION 11, That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of_ , 19_ JACK MILLER, MAYOR J ATTEST: JENNIFER WALTERS. CITY SECRETARY BY: S APPROVED AS TO LEGAL FORM; 14LR13ERT L. PROUTY, CITY ATTORNEY By: f fuA~,QJM'111l Ur DorwMnb0binMCtl.aR~iMlnn wr.iueum9~e I r I p -Y ,r . , 1 ry 32 X 0 p INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH Recitals The City of Denton currently provides emergency medical services to the citizens of Denton. The City of Corinth would like to contract with the City of Denton to receive emergency medical services for its citizens. Pursuant to Chapter 774 of the TEX. 14EALTH AND SAFETY CODE (Vernon 1992) and the Interlocal Cooperation Act, TEX. GOVT CODE ANN. §791.001, el seq„ (Vernon 1994), a city may contract to provide emergency medical services to the county or another city. WHEREAS, both the City of Denton and the City of Corinth have the authority to pctfonn the services set forth in this Agreement individually and in accordance with TEX. GOVT CODE ANN. §791.011(c)(2); and WHEREAS, the City of Corinth will make all payments for services out of available current revenues and the City of Dcnton agrees that the payments made by the City of Corinth hereunder will fairly compensate it for the services performed; NOW, THEREFORE, WITNESSET11 A rea trio This Agreement is made on the day of 199between the city of Denton, Texas ("Denton"), and the City of Corinth ("Corinth"), i The parties agree as follows: 1. pennitlons. Emergency Medical Services or EM S. means personnel and ground transportation vchlclcs used to respond to an individual's perceived need for immediate medical care and to prevent death or aggravation of physiological or psychological illness or injury, 6 2. Denton to Provide EMS to Corinth. Denton shall provide emergency medical i ' services to Corinth in response to requests fo emergency medical services in accordance with this Agreement. All requests for emergency medical services for persons residing in the corporate limits of Corinth shall be communicated to Denton in the manner specified by Denton. 3. Discretion in Provlding EAll Corinth understands that Denton must also respond to requests for emergency medical services for persons In Denton and that Denton has O other contracts to provide emergency medical set-* Ices to other entities. Denton shall have the sole <LOP right and discretion, without being in breach of this Agreement and without liability to Corinth, to de(crminc: (a) Whether or not to respond to a request for medical emergtncy service; PAOr 3 32111 s e ARM" c (b) Whether and when personnel or equipment are available to respond to a request for emergency medical service; Y (c) The order is which to respond to a request for emergency medical service; and (d) The time in which to respond to a request for emergency medical service. d. Service Fee. In consideration for providing emergency medical services to Corinth, Corinth agrees to pay to Denton an annual sum during each year of this Agreement determined by multiplying the population in Corinth by six dollars and fifty cents ($650). The population figure used shall be the North Central Texas Cn' mcil of Government's estimate for January 1, 1998. The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term. Denton may, after giving prior notice, suspend service to Corinth during any period of time Corinth is delinquent in the payment of any undisputed service fee. 4. Patient Charges. In addition to the service fee paid by Corinth, Denton may charge and collect from persons provided emergency medical sen'ices, the patient fees established by ordi- nance of Denton. 6. Coverammial Immunity Not Waived. Neither Denton nor Corinth waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims made or arising frum any act or omission resulting from this Agreement. 7, Term. The term of this Agreement shall be in one-year increments, beginning on October 1, 1998 and continuing to Sepleriber 10 of the following year and thereafter from year to year until terminated in accordance with this Agreement. 8, Termlastioni Default. Either party may terminate this Agreement at any time without cause by giving ninety (90) days advance notice in wriling to the other, specifying the date of terml- nation. If either party breaches a pruvision of this Agreement, the other party shall give the n defaulting party written notice of the default. Should the defaulting party fail to correct the default within thirty days of the date notice of default is sent, the other party may declare the Agreement • terminated, Corinth shall be liable to Denton pro rata for the payment of emergency medical act. vices provided up to the date of termination. l 9, Notices. All notices sent under this Agreement shall be mailed, postage prepaid, to the respeclive addresses, as follows: To Denton: To Corinth: City Manager City of Denton M E. McKinney Denton, Texas 76101 10. Agreement Not for Benefit of Third Parties. This Agreement Is not intended and PAGE 1 32x10 YJI s , u .am+rr i 'a shall not ? e construed to be fir the benif;t it any individual or create any duty on Denton to any third party. It, Assignment. Neither party shall assign this Agreement except upon the prior written consent of the other. 12, Venue. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. EXECUTED on the day of 199 , CITY OF DENTON, TEXAS BY; JACK MILLER, MAYOR E ATTEST; JENNIFER WALTERS, CITY SECRETARY i , BY; APPROVED AS TO LEGAL FORM; IIERBERT L. PROUTY, CITY ATTORNEY By i . I ro"6941 I~js CITY OF CORINTH y i * )a 4 t * BY: ` AYOR ~ r AT.I E p ~ BY: *4 SECREI ARY AnQkp IaLA, p~y,wteRn sfrAiwu mn.e bin1M PAGE s , to t I ORDINANCE NO. AN ORDINANCE APPROVING AN 1NTERLOCAL AMBULANCE AGREEMENT UETWEEN THE CITY OF DENTON AND THE CITY OF HICKORY CREEK FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVF DATE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Council of the City of Denton hereby approves an Interlocal Agreeme ' for Ambulance Service between the City of Denton an6 the City of Hickory Creek, a copy of which is attached hereto and incorporated by reference herein, and the Mayor, or in his absence the Mayor Pro Tern, is hereby authorized to execute said Agreement on behalf of the City. SECTION 11. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 19 _ JACK MILLED, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: O APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: i t i LIM i 91) K 10 32 X I O e 0 i I I INTERLOCAL ACREENIENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENT'ON AND TIIE CITY OF IIICKORV CRF EK Recitals The City of Denton currently provides emergency medical service, to the citizens of i Denton. The City of hickory Creek would like to contract with the City of Denton to receive i cmcrgcncy medical services for its citiicns. Pursuant to Chapter 774 of the TLX, HLALTH AND SAFE I Y CODE. (Vemon 1992) and the Intcrlocal Cooperation Act, TEX. Gov' r CODE ANN §791.001, a seq., (Vernon 1994), a city may contract to provide emergency medical scrvices to the county or another city, WHLRLAS, both the C'ii~ or Donlon and the City of Ilickory Creek have (he authority to poi form the services set forth in tl is Agreement individually and in accordance with TLX. GOWT COM, ANN. §791,011(c)(2); and W1ILRLAS. (he City of Hickory Crcck will make all payments for scrvices out of available current revenues and the City of Denton agrees Ihal the payments made by the City of Hickory Creek hcrcunder will fairly compensatc it for (lie scrvices pcrfonucd; NOW, TH LRLFORE, W INIME111 A(Zrccment 'I 11;q Agreement is made on the V day of 199 . between the City of Denton, Twat. ("Denton"), and the City of I f ickory Creek ("Hickory Crcck" 'I lie panics agree as follows: 1. Ifefinhrons. Iaricr>cocy Medical Scrrices or LAIS. means personnel and ground transportation vehicles listed to rc..pond to an individual's perceived need ror immediate medical • care and to prevent death or aggravation of physiologicol or psychological 111ness or injury. 2. Denton to Pro+ide EAIS to Ilickory Creek. Denton shall provide cmcrgcncy meical scrvices to Ilickory Crcck in response to requests for cmcrgcncy nt:dical services in acme dance with this Agrecnrcn(. All requests for cmcrgcncy medical services for persons residing in the coriwrate limits of Ilickory ;'reek shall he communicated to Denton in lire manner specified by • Denton ' O yy3. Ulscrcllon In Pro+idina h.AE.S, hickory Creek understands that Ucnton ii also • 7yl" respond to requests for eurergcucy medical services for persons in Donlon and that Denton has oilier contracts to provide cmcrgcncy medical scrvices to other enliliea. I.lenlon shall have Ilse sole rigid and discretion, without being in breach of this Agreement and without liability to Hickory ('reek, to delcmrine: (n) Whether or not to respond to a request for medical emergency service; J4\L;f:1 ~ r 32 x I O =1111M Soma ~M-MILM' X11 I` I (b) Whclher and when personnel or equipmcut are available to respond to a request for cnergency medical service; (c) I lie order is which to respond to a request for emergency medical sen ice; and (d) 'The time in which to respond to a request for emergency medical service, 4. Service Fee, In consideration for providing emergency medical sen ecs to Hickory Creek, Hickory Creek agrees to pay to Denton an annual sum during each year of [his Agreement determined by multiplying the population in I lickory Creek by six dollars and fifty cents (56.50). 'I lie population figure used shall be the North Ccntral Texas Council of Government's estimate for January I, 1998. 'i he annual payment shall be paid to Donlon in equal quarterly, paymcnls on or Wore October 1, January I, April 1, and July I, of each annual term. Denton may, a0cr giving prior notice, suspend serice to Hickory Creek during any period of lime Hickory Creek is delin -real in the payment of any undisputed senicc fee. 5. i'atlent Charges. In addition to (le service fee paid by Hickory Creek, Dcn(r,r may charge and collect from persons provided emergency medical services, t.te patient fees k~'rablisbed by ordiuaucc of Donlon: 6. Gnrernmenlal Immunity Not Waived, Neither Denton nor IIickory Creek waives, nor shall be deemed hereby to waive, any immuni[y or defense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement. 7. 'T'erm. '[lie Win of (his Agreement shall he in one-year increments, beginning on October 1, 1998 rind conlinuing to September 30 of the roldowing ycar and (hereafter from year to )car until Ictadimicd in a cordance with this Agreement. 8. Tee minallon; Deroull. T.ithcr party may terminate this Agreement at any lime without cause by giving ninety (91)) days advance notice in writing to the other, specifying Ile date of lenmi. cation if cilher pally breaches a provision of this Agmcnte d, the other party shall give the dcraulling putty written notice of tie dernull, Should the dcraulling party fail to correct the default • %%iihin Ihlrly days or [he date notice of deralrlt is send, [lie other rimly may declare the Agreement Icr urinated. Hickory (.rock shill be liable to Denton pro rata fir the payment of emergency medical services provided up to the dale of termiualion. 9. Notices. All notices sent under this Agreement shall br mailed, postage prepaid, to the respective oddresscs, as rollows: • To Ucufon; To (lickory Crmk; l+ a • C I'~ 5rrr11Mq . Ci[y Manager -to,,.. tiff l erl' (Ott city or wntom 1115,2) 215 F. McKinney IC,V.c' Ix,l(0', 'I~ tI.ICb'~ Dcm[on. Texas 76201 pnut•,-1 J 0 _.I n + I i I I 10. Agreement Not for Benefit of Third Parties. This Agreement is not intended and shall not be construed to be for the benefit of any indivi&.l or create any duly on Dcn'.on to any third party. 11. Assignment. Neither party shall assign, this Agreement except upon the prior written consem of the other. 12. Venue. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the I r' _State of Texas. EXECUTED on the day of 1191). CITY OF DENTON, TEXAS BY: JACK MILLER, MAYOR F. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM, IERIJERT L. PROUrY, CHY AI70RNEY ' CITY OF b1CK0RY CREEK ' 1 y i l B' ♦ M OR 0 01 Art Psr: q • BY: r< r SECR AR Id""I I.( IrWI, W.b lm mmrrM AMMum A• ^ S e i rnoe ~ 26 i% 32"X~.~' • M 0 ?maw O , ~~sL!ama ORDINANCE NO. AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF KRUM FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: f SECTION 1. That the City Council of the City of Denton hereby approves an Interlocal Agreement for Ambulance Service between the City of Denton and the City of Krum, a copy of which is attached hereto and incorporated by reference herein, and the Mayor, or in his absence the Mayor Pro Tem, is hereby authorized to execute said Agreement on behalf of the City. SECTION It. That this ordinance shall become effective immediately upon its passage and app,oval. PASSED AND APPROVED this the day of 19_ JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY I • BY. APPROVED AS TO LEGAL FORM; HERBERT L. PROUTY, CITY ATTORNEY BYr IaA~W6p LGL0r 11RWnenrp~nwuaf~nMlen w.k, LVn 6e -..ter 7 !a 32xIEJ x 4 U I 1 INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF KRUM Recitals I The City of Denton currently provides emergency medical services to the citizens of Denton. The City of Krum would like to contract with the City of Denton to receive emergency medical services for its citizens. Pursuant to Chapter 774 of the TEX. HEALTH AND SAFETY CODE (Vernon 1992) and the Interloeal Cooperation Act, TEX. GOVT CODE ANN, §791.001, er seq., (Vernon 1994), a city may contract to provide emergency medical services to the county or another city. W'IIEREAS, both the City of Denton and the City of Krum have the authority to perform the services set forth in this Agreement individually and in accordance with TEX• GOVT CODE ANN. § 79 1.011 (c X2); and WIIEREAS, the City of Krum will make all payments for services out of available current revenues and the City of Denton agrees that the payments made by the City of Krum hereunder will fairly compensate it for the services performed; NOW, THEREFORE, ' WITNESSETH Agreement a This Agreement is made on the _ day of 199_, between the City of Denton, Texas ("Denton'), and the City of Krum ("Kmni The parties agree as follows: I. Definitions: Emergency Tledical Serrces or E:M.S. means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to prevent death or aggravation of physiological or psychological illness or injury. e 2. Denton to Provide EMS to Krum. Denton shall provide emergency medical ~ services to Krum in response to requests for emergency medical services in accordance with this Agreement. All requests for emergency medical services for persons residing in the corporate jl limits of Krum shall be communicated to Denton in the manner specified Ly Anton. i J, Discretion In Providing F.M.S. Krum tmderstands that Denton mtest also respond to requests for emergency medical services for persons in Denton and that Denton has other O Y d contracts to provide emergency medical services to other entities. Denton shall have the sole right l' and discretion, without being in breach of this Agreement and without liability to Krum, to t &terminc: (a) WhetFer or not to respond to a request for medical emergency service; PAGE 3 2 i 0 0 { (b) Whether and when persotulel or equipment are available to respond to a request for emergency medical service; , (c) Tlie order is which to respond to a request for emergency medical service; and (d) The time in which to respond to a request for emergency medical senice. 4. Service Fee. In consideration for providing emergency medical services to Krum, Krum agrees to pay to Denton an annual sum during each year of this Agreement determined by multi- plying the population in Krim by six collars and filly cents (56.50). The population figure used shall be that contained in the latest edition of the North Central Texas Council of rrovermnent's estimate for January 1, 1998. The a nual payment shall be paid to Denton in equal quvterly pay- ments on or before October 1, January 1, April 1, and July 1, of each annual term. Denton may, aRer giving prior notice, suspend service to Krum during any period of time Krum is delinquent in the payment of any undisputed service fee. 5, Patient Charges. In addition to the service fee paid by Krum, Denton may charge and collect from persons provided emergency medical services, the patient fees established by ordi- nance of Denton. 6. Governmental Immunity Not Walved. Neither Denton not Krum waives, not shall be from would otherwise rwise be available to it against deemed hereby to waive, any immunity o dcle set that claims made or arising from any act or omission resulting 7. Term. The term of this Agreement shall be in one-year increments, beginning on I October 1, 1998 and continuing to September SO of the following year and thereafter from year to year until terminated in accordance with this Agreement. 8. Termination; Default. Either party may terminate this Agreement at any time without cause by giving ninety (90) days advance notice in writing to the other, specifying the date of temu- nation, If either party breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the default. Should the defaulting party fail to correct the default within thirty days of ;he date notice of default is sent, the other party may declare the Agreement • terminated. Krum shali be liable to Denton pro rata for the payment of emergency medical services provided up to the date of termination. 9, Notices. All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows: 1 To Denton: To Krum: City Manager City of Denton 1 215 P. McKinney Denton, Texas 76201 it 10, Agreement Not for Benefit of Third Parties. This Agreement is not intended and PAGE 10 32 x 1 ❑ aw u I I I I i shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party. 11. Assignment. Neither party shall assign this Agreement except upon the prior written consent of the other, 12, Venue. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the 1 State of Texas. i EXECUTED on the day of , 199_ CITY OF DENTON, TEXAS BY: JACK MILLPR, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY I BY: f j APPROVED AS TO LEGAL FORM; III HERBERT L, PROUTY, CITY ATTORNEY ~ I I I fLI BY: 'I 11 I ~ I CITY OF KRUM BY: YOR ~ ATTEST: r .f Q r • BY: SECRETARY /IM1pl0[a as...tav.s M.N~I.a.T... ww„N M Tt' PAGE Jw4~ ? h x 10 32 ORDINANCE NO. AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF LAKE DALLAS FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Council of the City of Denton hereby approves an Interlocal Agreement for Ambulance Service between the City of Denton and the City of Lake Dallas, a copy of which is attached hereto and incorporated by reference herein, and the Mayor, or in his absence the Mayor Pro Tem, is hereby authorized to execute said Agreement on behalf of the City. SECTION II. That this ordinance shall become effective immediately upon its passage arid approval, PASSED AND APPROVED this the day of 19_ JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY 1 BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY a BY: I ~.o s /I /WnCdep[GLK1r Dvinens'Ormne.e•a1~rAulnn erne i, llfedA f V µ 1 I i x 10 32x10 e 0 t INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENT0N AND THE CITY OF LAKE D'1LAS Recitals The City of Denton currently provides emergency medical services to the citizens of Denton. The City of Lake Dallas would like to contract with the City of Denton to receive emergency medical services for its citizens. Pursuant to Chapter 774 of the TEX, HEALTH AND SAFETY CODE (Vernon 1992) and the interlocal Cooperation Act, TEX. GOVT CODE ANN. §791.001, err seq., (Vernon 1994), a city may contract fe) provide emergency medical services to the county or another city. WHEREAS, both the City of Denton and the City of Lake Dallas have the authority to perform the services set forth in this Agreement individually and in accordance with TEX. GOVT CODE ANN. §791.01 1(c)(2); and WHEREAS, the City of Lake Dallas will make all payments for services out of available current revenues and the City of Denton agrees that the payments made by the City of Lake Dallas hereunder will fairly compensate it for the services perforated; NOW, THEREFORE, WITNESS£TH Atreement i This Agreement is made on the day of 199_, between the City of Denton, Texas ("Denton"), and the City of Lake Dallas ("Lake Dallas"). The parties agree as follows, I. Definitions. Emergency Medical Services or E.M.S. means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to prevent death or aggravation of physiological or psychological illness or injury. 2. Deotoo to Preside EhIS to Lake Dallas. Denton steall provide emergency medical services to Lake Dallas in response to requests for emergency medical services in accordance with this Agreement. All requests for emergency medical services for persons residing in the corporate limits of Lake Dallas shall be cumtmuniceted to Denton in the manner specified by Denton. 3. Discretion In Providing E.M.S. Lake Dallas understands that Denton must also respond to requests for emergency medical services for persons in Denton and that Denton has 0 } other contracts to provide emergency medical services to other entities. Denton shall have the sole hr~ right and discret+r , without being in breach of this Agreement and without liability to Lake Dallas, to deltrmine: (a) Whether or not to respond to a request for medical emergency service; PAGE f s , o , 1 i k (b) Whether and when personnel or equipment are available to respond to a request for emergency medical service; Y . (c) The order is which to respond to a request for emergency medical service; and f (d) The time in which to respond to a request for emergency medical service. 4. Service Fee. In consideration for providing emergency medical services to Take Dallas, Lake Dallas agrees to pay to Denton an annual sum during each year of Ibis Agreement determired by multiplying the population in Take Dallas by six dollars and fifty cents (56,50). The population figure used shall be that contained in the latest edition of the North Central Texas Council of Government's estimate for January 1, 1998. The annual payment shall be paid to Dento% in equal quarterly payments on or before October 1, January 1, April 1, and July I, of each annual term. Denton may, after giving prior notice, suspend service to Lake Dallas during any period of time Lake Dallas is delinquent in the payment of any undisputed service ree. 5. Patient Charges. In addition to the service fee paid by Lake Dallis, Denton mry charge and collect from persons provided emergency medical services, the patient fees establishel b. ordi- nance of Denton. 6. Governmental Immunity Not Walved. Neither Denton nor Lake Dallas waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement. 7. Term. The term of this Agreement shall be in one-year increments, beginning on October 1, 1998 and continuing to September 30 of the following year and thereafter from year to year until terminated in accordance with This Agreement. 8. Termination; Default. Either party may terminate this Agreement at any time without cause by giving ninety (90) days advance notice in writing to the other, specifying the de-, of terra. give the nation If either party breaches a provision of this Agmme1 1, the 01J'ef party shall Br defaulting party written notice of the default. Should the defaultii.q party tail to correct the default ` within thirty days or the date notice of default is sent, the other party may declare the Agreement terminated. Lake Dallas shall be liable to Denton Pro rate for the payment of emergency medical services provided up to the date of termination. 9. Notices. All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows; To Denton: To Lake Dallas: City Manager City of Denton S 215 E. McKinney Denton, Texas 76201 10. Agreement Not for Bteetlt of Third Partin. This Agreement is not intended and PAGE Y 25 32 X Vrl r - I I e O , 'y I suanos ~ I i I ~ i shall not be construed to be for the benefit of any individual or create any duty on Denton to any third patty. 11. Assignment. Neither party shall assign this Agreement except upon the prior written cons:nt of the other. 12. Venue. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. ~ EXECUTED on the day of '199 I CITY OF DENTON, TEXAS BY: JACK MILLER, MAYOR I ATTEST: JENNIFER WALTERS, CITY SECP.ETARY BY: APPROVED AS TO LEGAL CORM: IIFRBERT L. PROUTY, CITY ATTORNEY BY: • CITY Of LAKE DALLAS I Innnn I ~ BY: e0.4 """°D'xe MAY PRO TEN iti • • • ATTEST: BY: SEC TARP nII'Ilnunn pups ~ /..Mplad ar.e.taenafnldw,e.rr.+ W 6tI4 ~ . PAGE ]N r~ err %C~ 32x~~. 7 7 7 ~a i i mWClTA • O j ORDINANCE NO. AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF PONDER FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Council of the City of Denton hereby approves an Interiocal Agreement for Ambulance Service between the City of Denton and the City of Ponder, a copy of which is attached hereto and incorporated by reference herein, and the Mayor, or in his absence the Mayor Pro Tem, is hereby authorized to execute said Agreement on behalf of the City. SECTION 11. That this ordinance shall become effective immediate).,, upon its passage and approval. PASSED AND APPROVED this the day of I9_ JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY rL BY: L • !'d+ttbp'1W:Ow Caen+n60r6nn:e?~/'d'AI~+',fm1uP^~6r ~ O { ~r f- ~h K l a 32 X I o s 0 i I INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND , THE CITY OF PONDER Recitals The City of Denton currently provides emergency medical services to the citizens of I)entcn. The City of Ponder would like to contract with the City of Denton to receive emergency medical services for its citizens. Pursuant to Chapter 774 of the TEX. HEALTH AND SAFETY CODE (Vernon 1992) and the Interlocal Cooperation Act, TEX. GOVT CODE ANN. §791.001, et seq, (Vernon 1994), a city may contract to provide emergency medical services to the cormty or another city. II WHEREAS, both the City of Denton. and the City of Ponder have the authority to perform ~ the services set forth in this Agreement individually and it accordance with TEX COWT CODE f ANN. §791.011 (cX2); and i WHEREAS, the City of Ponder will make all payments for services out of available current revenues and the City of Denton agrees that the payments made by the City of Ponder hereunder will fairly compensate it for the services performed; NOW, THEREFORE, WITNESSETH Agreement This Agreement is m.pSc on the _ day of , 199, between the City of Denton Texas ("Denton and the City of Ponder ("Ponder"). The parties agree as follows: I. Definitions. Emergency Medical Services or E.M.S. means personnel and ground transpntation vehicles used to respond to an individuars perceived need for imm^diate medical care and to prevent death or aggravation of physiological or psychological illness or injwy. 's E 2. Denton to Provide EMS to Ponder. Denton shall provide emergency medical services to Ponder in response to requests ror emergency medical services in accordance with this Agreement. All requests for emergency medical services for persons residing in the corporate limits of Ponder shall be communicated to Den'no in the manner specified by Denton. 3. Discretion In Providing F.M.S. Ponder understands that Denton must also respond to requests for emergency medical services for persons in Denton and that Denton has 0 other contracts to provide emergency medical services to other entities. Denton shall have the sole right and discretion, without being in breach of this Agreement and without liability to Ponder, to dckermine: (a) Whether or not to respond to a request for medical emergency service; j PAGE 32 x 0 I (b) Whether and when personnel or equipment are available to respond to a request for emergency medical service; (c) The order i^ which to respond to a request for emergency medical service; and (d) The time in which to respond to a request for emergency medical service. 4. Service Fee. In consideration for providing emergency medical services to Ponder, Ponder agrees to pay to Denton an annual sum during each year of this Agreement determined by multiplying the population in Ponder by six dollars and fifty cents (56,50). The population figure used shall be that contained in the latest edition of the North Central Texas Council of . Government's estimate for :anuary 1, 1998. The annual payment shall be paid to Denton in equal quarterly payments on of before October 1, January 1, April 1, and July I, of each annual term. Denton may, after giving prior notice, suspend service to Ponder during any period of time Ponder is delinquent in the payment of any undisputed service fee. I S. Patient Charges. In addition to the service fee paid by Ponder, Denton may charge and codrt from persons provided emergency medical services, the patient fees established by ordi- nance of Denton. 6. Governmental Immunity Not Wahed. Neither Denton nor Ponder waives, nor shall f be deemod hereby to waive, any immunity or defense that would otherwise be available to it against claims made or arising from a.+y act or omission resulting from this Agreement. 7. 'term. The term of this Agreement shall be in one-year increments, beginning on October 1, 1998 and continuing to September 30 of the following year and thereafter from year to year until terminated in accordance with this Agreement. S. Termination; Default. Either party may terminate this Agreement at any time without cause by giving ninety (90) days advance notice in writing to the other, specifying the date of termi- nation, If either party breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the default, Should the defaulting party fail to correct the default within thirty days of the date notice of default is sent, the other party may declare the Agreement terminated. Ponder shall be liable to Denton pro rata for the payment of emergency medical ser- vices provided up to the date of termination. 9. Notices. All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows: To Denton To Ponder: 0 • . e City Manager Mayor 9yF City of Denton City of Ponder 215 E. McKinney P.O. box 297 Denton, Texas 76201 Ponder, Texas 76259 10. Agreement Not for benefit of Third Parties, This Agreement is not intended and PAGE ` 1 25 32X1[1 0 i. ' O 4 I shall not be construed to be for the benefit of any individua} or create any duty on Derion to any third party. it. Assignment. Neither party shall assign this Agreemenl except upon me prior written consent of the other. 12. Venue. Venue of any suit or cause of action under this Agretmea, shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas, E XECUTED on the day of _ 199 CITY OF DEMON, TF'iAS k ` BY: f JACK MILLER, MAYOR k i F ATT,3SI: JENNIFER WALTERS, CITY SECRETAKY i BY: r APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ~W' ` I _ . CITY OF PONDER , ~ BY: OR t ATT>r5"C: BY: jV-1 a TM SE RETM i r r' ,Lr r PAGE YiI' 1R « : it t "a ?5., ❑ 32x Q 1! % e fl " ! 1 , i i ORDINANCE NO. ' AN ORDINANCE APPROVING AN fNTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF SANGER FOR AMBULANCE bERVICES; AND DECLARING AN EFFECTIVE DATE. i 4 IRE COUNCIL OF THE CITY OF DENTON HEREBY ORDArNS: I SECTION I. That the City council of the City of Denton hereby approves an Interlocal Agreement for Ambulance Service betty ,en the City of Denton and the City of Sanger, a copy of I wl:ch is attached hereto and incorporated by reference herein, and the Mayor, or in his absence ! the Mayor Pro Tem, is hereby authorized to execute said Agree neat on behalf of the City, j SECTION IL That this ordinance shall become effective immediately upon its passage 1 I and approval. PASSED AND APPROVED this the day of i9_ JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 1 BY: 11N, t Aadd"VA Or R..n+nv 4*dH uWv**:m.►•n rM MR I 1 I 5 i ~'h 32x10 o INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE BETNVFEN THE CITY OF DE;,rrON AND THE CITY OF SANGER Recitals The City of Denton currently provides emergency medical services to t'te citizens of Denton, The City of Sanger mould like to contract with the City of Denton to receive emergency medical services for its citizens. Pursuant to Chapter 774 of the TEX. HEALTH AND SAFETY CODE (Vernon 1992) and the Interlocal Cooperation Act, TEX. GOVT CODE ANN, §791.901, el seq., (Vernon 1994), a city may contract to provide emergency medical services to the county or another city. p,}IEREAS, both the City of Denton and the city of Sanger have the authority to perform the services set forth in this Agreement individually and in accordance with TEX. GOV'T CODE ANN. §791,011(c)(2); and WHEREAS, the City of Sanger Hill make all payments fot services out of available current revenues and the City of Denton agrees that the payments made by the City of Sange, hereunder will fairly compensate it for the services performed; NOW, THEREFORE, WITNESSETH J A.'reement This Agreement is made on the _ day of _ , 199_, tetween the City of Denton, Texas ("Denton"), and the City of Sanger ("Sanger"). The parties agree as follows: 1. Definitions. Emer enc) Medical Senices or ISM S, means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to prevent death or aggravation of phy:.idogical or psychological illness or injury. 2. Denton to Provide EMS to Sanger. Renton shall provide emergency medical services to Sanger in response to requests for emergency medical services in accordance with this Agreement. All requests for emergency medical services for persons residing in the corporate limits of Sanger shall be communicated to Denton in the manner specified by Denton, 3. Discretion In Providing E.M.S. Sanger understands that r nton must also respond to requests for emergency medical services for persons in Denton P• ~ hat Denton has 0 other contracts to provide emergency medical services to other entities. Denton shall have the sole right and discretion, without being in breach of this Agreement and witltout liability to Sanger, to determine: (a) Whether or not to respond to a request for medical emergency service; i PAGE M 32XI El I I (b) Whether and when pcronnel or equipment are available to ,espond to a request for emergency medical service; (c) The order is which to respond to a request for emergency medical service; and (d) The time in which to respond to a request for emergency medical service. 4. Service Fee. In consideration for providing emergency medical services to Sanger, i Sanger agrees to pay to Denton an annual sum durini; each year of this Agreement determined by multiplying the population in Sanger by six dollars and fifty cents (56.50). The population figure used shall be that contained in the latest edition of the North Central -Texas Council of Government's estimate for January 1, 1949. The annual payment shall be paid Ic Denton in equal quarterly payments on or b.-fore Q-tober 1, January 1, Apnl 1, and July 1, of each annual term. , Denton may, after giving prior notice, suspend service to Sanger during any period of time Sanger is delinquent in the payment of any undisputed service fee. 5. Patient Charges. In addition to the service fee paid by Sanger, Denton may charge and collect from persons provided emergency medical services, the patient fees established by ordi- i -icc of Denton. 6. Governp-ental Immunity Not Waived. Neither Denton nor Sanger waives, nor shail be deemed hereby to waive, my immunity of defense that would otherwise be available to it against claims made or arising from arty act or omission resulting from this Agreement. 7. Term. The term of this Agreement shall be in one-year increments, beginning on October 1, 1995 and continuing to September 30 of the following year and thereafter from year to year until terminated in accordance with this Agreement. 't 8. Termination; Default. Either party may terminate this Agreement at any time without cause by giving ninety (`ri) days advance notice in writing to the other, specifying the date of temti• t,rtion. If either party breaches a provision of this Agreement, the other party shall give he Defaulting party wrilten notice of the default. Should the defaulting party fail to correct the default within thirty days of the date notice of default is sent, the other party may declare the Agreement 1%. mingled. Sanger shall be liable to Denton pro rata for the payment of emergency medical ser- vices provided up to the date oftermination. 9, Notices. All notices sent under this Agreement shall be mailed, postage prepaid, to the respeclive addresses, as follows: 1 To Denton: To Sanger City Manager City of Denton 215 E. McKinney Denton, Texas 76201 I 10, Agreement Not for Benefit or Third Parties. This Agreement is not t.itended and ' PAGE i I wr1 wr.- i e S I ~ tl y ~ ••'a I i 0 G h f I shall not be construed to be for tho benefit of any individual or create any duty on Denton to any third party. • 11. Assignment. Neither party shall assign this Agreement except upon the prior written consent of the other. 12. Venue. Venue of any suit or cause of action tinder this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the state of Texas. _ EXECUTED on the _ day of '199 , CITY OF DENTON, TEXAS BY: JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: j APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CflS' ATTORNEY ~ BY: I~ ~ MI 4 CITY OF SANGER BY:,~, 91i~9'~ ~f MA)'O .4,I• f `4`~~ ATTEST: r`'C • BY; , SECRETARY /.n..N,yflo. . ~fw.~Kwu.r..ary.~e ~hN'.'1:1•,t!' i.. PAGE r 'Y 1 e , YAK" a c ORDINANCE NO. AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF SHADY SHORES FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CI I Y OF DENTON HEREBY ORDAINS: I SECTION I. That the City Council of the City of Denton hereby approves an Interlocal Agreement for Ambulance Service between the City of Denton and the City of Shady Shores, a copy of which is attached hereto and incorporated by reference herein, and the Mayor, or in his absence the Mayor Pro Tem, is hereby authorized to execute said Agreement on behalf of the City. ,SE('TION It. That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of 1 S~ JACK MILLER, MAYOR , ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAI. FORM; ; HERBERT L. PROUTY, CITY ATTORNEY BY: 114-4 I,A~M.Mp LOi.QIV AKrasAnYnH.s KAMMVr Nl.m w0460"ft ~~RICJ 32XIO Oki , 0 ' C j Y10 i J 1 I INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE BET$AEEN THE CM OF DENTON AND , THE CITY OFSHADY SHORES Recitals j The City of Denton currently provides emergency medical services to the citizens of Denton. The City of Shady Shores would tike to contract with the City of Denton to receive emergency medical services for its citizens. Pursuant to Chapter 774 of the TEX. HEALTH AND SAFETY CODE (Vernon 1992) and the Interlocal Cooperation Act, TEX. GOVT CODE ANN, §791.001, et seq., (Vernon 1994), a city may contract to provide emergency medical services to the county or another city. { WHEREAS, both the City of Denton and the City of Shady Shores have the authority to perform the services set forth in 11,Js Agreement individually and in accordance with TEX. fjOV'T CODE ANN. §191.01l(cK2); a:td WVHEREAS, the City of Shady Shores will make all payments for services out of available current revenues and the City of Denton agrees that the payments made by the City of Shady al Shores hereunder will fairly compensate it for the services performed; NOW, THEREFORE, WITNESSETH i ~roemeo! i This Agreement is made on the fg day of 199., between the city of Denton, ~i Texas ("Denton"), and the City of Shady Shores ("Shady Shores"), The parties agree as follows: { I. Definitions. Emergency Medical Services or E.M.S. means personnel and ground transportation vehicles used to respond to an individual's peneived need for immediate medical care and to prevent death or aggravation of physiological or psychological illness or injury. 0 2, Denton to Provide EMS to Sbady SLores. Denton shall provide r,,ergrncy medical services to Shady Shores in response to requests for emer3ency medical services in accor- dance with this Agreement. All requests for emergency modical services for persons residing in the corporate limits of Frady Shores shall be communicated to Denton in the manner specified by Denton. { 0 3. Discretion In Prosidinq E.M.S. Shady Shores under, '.,ds that Denton must also O 0 respond to requests for emergency medical services for persons in Denton and that Denton has rr other contracts to provide emrrgency medical services to other entities Denton shall have the sole right and discretion, without being in breach of this Agreement and without liability to Shady Shores, to determine: (a) Whether or not to respond to a request for medical emergency service; PAGE Ole MAMM 0 WAWAV f I I (b) Whether and when personnel or equipment are available to respond to a request I for emergency medical service; (c) The order is which to respond to a request for emergency medical service; and i (d) The time in which to respond to a request for emergency medical service. 4• Service Fee. In consideration for providing emergency medical services to Shady j Shores, Shady Shores agrees tc pay to Denton an annual sum during each year of this Agreement determined by multiplying the population in Shady Shores by six dollars and fifty cents ($6.50). The populatian figare used shall be that contained in the latest edition of the North Central Texas Council of Government's estimate fat January 1, 1998. The annual payment shill be paid to Denton Li equal quarterly payments on or before October I, January 1, April t, and July 1, of each annual term. Denton may, after giving prior notice, suspend service to Shady Shores during any period of time Shady Shores is delinquent in the payment of any undisputed service fee. 5. Patient Charges. In addition to the ser%ica fee paid by Shady Shores, Denton may charge and collect from persons provided emergency rredical services, the patier! fees established by ordinance of Denton. t 6. Governmental Immunity Not Waived. Neither Denton nor Shady Shorrs waives, not shall be deemed hereby to waive, any immurity or defense that would otherwise be available to it against claims made or arising from any act or omission resuW ,g from this Agreement. 7, Term. The term of this Agreement shall be in one-year increments, beginning on October I, 1998 and continuing to September 30 of the following year and thereafter from year to year until terminated in accordance with this Agreement. 8. Termination; Default. Either party may terminate this Agreement at any time without cause by giving ninety (90) days advance notice in writing to the other, specifying the date of termi- notion, If either party breaches a provision of this Agreement, the other party shall give the defaulting party miner notice of the default. Should the defaulting party fail to coral the default within thirty days of the d;de notice of default is sent, the other party may declare the Agreement terminated. Shady Shores shall be liable to Denton pro rata for the payment of emergency medical services provided up to the date of termination. 9. Katices. All notices sent under this Agreement shall be mailed, postage pre, ltd, to the respective addresses, as follower: To Denton: To Shad//y Shores: ~fvQ~'"'' l C • City Manager City of Denton p + f ` ` 215 E. McKinney y-b Denton, Texas 76201 PAGE IS Y r I`ri . .r . 10. Agreement Not for Benefit of Third Parties. This Agreement is not intended and shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party, 11. Assignment. Neither party shall accign this Agreement except upon the prior written consent of the other, 12. Venue. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. EXECUTED on the day of 199 CITY OF DENTON, TEXAS BY: JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: IIER13ERT L. PROUTY, CITY ATTORNEY BY: t ~l % [ fig/ r CITY OF SHADY SHORES BY:~I ri._. AYOR { I ATTEST: 0 BY: SECRETARY PAGE i k 10 =.i '32 10 r i s . E 1 O Agenda No___~L_1L3 Agenda ltam/. w2/ Dale AGENDA INFORMATION SHEET i AGENDA DATE: October 6,1998 , DEPARTMENT: Economic Development Department ACM: Kathy DuBose, ACM - Finance . °.(tI SECT Consider a resolution of the City Council of Denton, Texas, Approving the Assignment by Alan Ritchey, Inc. of a commercial operator lease executed May 15,1998 to Robby Ritchey; and Providing for an effective date, BACKGROUND Mr. Alan Ritchey, Alan Ritchey, Inc. has requested the City of Denton to authorize the assignment of his airport lease with the City of Denton to his son, Mr. Robby Ritchey. Robby Ritchey will be operating the aviation activities for Aran Ritchey, Inc. and therefor requests that all airport lease holdings be assigned to him. The assignment of the lease to Robby Ritchey will provide Alan Ritchey, Inc. more flexibility and encourage the new assignee to exercise the option on the 32,400 square foot parcel adjacent to the current IcasehoId. No change will be made to any terms in the existing agreement ESTIMATED SCHEDULE OF PROJECT i The lease assignment would become effective October 6, 1998 and continue through the 14°' day of may 2028 (.ad ofcrrrent lease). The lease also provides for two successive renewal terms of ten years each. PRIOR ACTION/REVIEW The Airport Advisory Board recommends approval of the assignment. FISCAL INFORMATION There will be no change to the lease rate cstabic/hed in the original lease of may 13, 1999. EXIIIBITS • Resolution i i I 213 K 0 32x10 f ~ ~ y " { ,r y i y y a y r i O I r . .s:.i~:.'tw~X'.^lti:k7!i.:.;yr. ar,a . x'. .•c¢z=. v. a..xea .G.u~«w , . _ ~ ~ f Respectfully submitted: F ind~ff, Directp Ecanomic Development Department Prepared by: i;. Mark Nelson Airport Manager i .i y { . ~ T i 2 II' .py' M ~ 2 5 1 ci 32 x I r MOM i AMP" . I 'iNVfI ~OLILIA~SDONaLbv Dn~mlaWeww~M A«Md RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVfN',4 THE ASSIGNMENT BY ALAN RITCHEY, INC. OF A COMMERCIAL OPERATOR AIRPORT LEASE EXECUTED MAY I5, 1998 TO R09BY RITCHEY; AND PROVIDING FOR AN EFFECTIVE DATE, i WHEREAS, &se City of Denton has leased airport r^.,perty to Alan Ritchey, Inc.; and WHEREAS, Alan Ritchey, Inc. wishes to assign its intevst in the airport (case to Robby Ritchey; and WHEREAS, Alan Richey, Inc, is required to obtain the Citys written consent to this essi& ment; NOW, THEREF)RE; THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That under paragraph XI (Assignment of Lease) of the Commercial Operator Airport lease between the City of Denton and Alan Ritchey, Inc. dated May 15, 1999, the City of Denton gives its written consent to the assignment of such lease to Robby Ritchey. SECTION u. That consent to this assignment is subject to and shall be considered valid only for so long es Robby Ritchey complies with fl] terms of the lease agreement of May 15, 1998 between the City of Denton, Texas and Alan Ritchey, Inc. SECTION Ill. That this resolution s%aii become effective immediately t:pon its passage and approval j r PASSED AND APPROVED this the day of 11998. JACK MILLER, MAYOR ATTEST: it JENNIFER WALTERS, CITY SECRETARY BY: APPROVED ASIOI.F,QAL FORM: 0 0 H ERBERT L. PROU1 Y, C'1TY ATTORNEY • • v 'r_ .5 10, 32 x 10 T A7elda No._..IL42. n20~~.,. Apanda Ilea.~~.77 a/ oo_ _ _ AGENDA INFORMATION SHEET AGENDA DATE: October 6, 1998 DEPARTMENT: Economic Development ACM: Kathy DuBosc. ACM • Finance SUBJECT Consider adoption of an ordinan;e authorizing t?te second amendment to airport lease agreement for fixed base operation (FBO) activity between the City of Denton am.l Texaa Air Center, Inc. (formerly AirDenton, Inc,)-, and providing for an effective date. BACKGROUND Air. Jim Huff, Presil_nt, Texas Air Center, Inc. is currently constructing a 9,000 square foot corporate hangar facility. Texas Air Center's financial institution, Provident Bank, is requesting that the City subordinate its landlord's liens to the liens of the lender. The amendment provides that sheuld the lessee default on the lease, the lender would have the right to occupy the promises and operate the leasehold under the same terms. 7 he umendment also provides that the lender shall have the right to present a replacement lessee wil'dn sixty (60) days or enter into a replacement lease having the same terms for the balanc.: of the lease term. 1 I-,$] I NA"I ED SCI ILDULE OF PROJECT 11 The amendment tv+)uld be effective immediately and continue for 15 years or until the ~ end of the note held by Provident Bank whichever comes first. i RIOR A IIQ ./REVIF, I he Airport Advisory Board supports the amc, ,.mcnt. i I , C) 32X i r Y 3 ly e r' I[`1` t ti 41?i'e 7 S'iiN9.'a`YC. ..K, r. F Y.;rvA, FISCAL INFORMATIOI The amendment of the lease will allow Texas Air Center, Inc. to continue the + construction of the corporate hangar. The corporate hangar will provide cdditional revenue to tLe City of Denton through increased hangar rental fees and fuel flowage fees. i EXHIBITS Ordinance Amendment Letter of Understanding Respectrully submitted; Linda Ratliff, Director Economic Development Department Prepared by: Mark Nels,,n Airport Manager 1 I l 1 1 ~ 1 1 ~ I ~ 2 ! L i/~ ~1/r r l!°. Y_ _ {dr'.ii S~{yµkl~'~~~,Ip 1~1 X 10 , 4V /r 2' . , ' veto O. r r i raa• ORDINANCE NO. AN ORDINANCE AUTHORIZING THE SECOND AMENDMENT TO AIRPORT LEASE AGREEMENT FOR FIXED BASE OPERATION (FBO) ACTIVITY BETWEEN THE CITY " OF DENTON AND TEXAS AIR CENTER, INC. (FORMERLY AIR DENTON, INC.); AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, certain real property upon the Denton Municipal Airport was leased to Texas Air Center, Inc., a Texas Corporation, by an Airport Lease Agreement for FRO Activity effective August 30, 1988 and amended on June 7, 1994. WHEREAS, the city of Denton and the lessee desire to amend the lease agreement again; and WHEREAS, the Airport Advisory Board for the City of Denton has recommended approval of the Second Amendment; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1, That the attached Second Amendment to Airport Lease Agreement for FRO Activity between the City of Denton and Texas Air Center, Inc. is approved. SECTION 11. That the City Manager is authorized to execute the attached lease amendment on behalf of the City and the City Secretary is directed to affix this ordinance with the executed lease amendment to the Airport Lease Agreement for FBO Activity effective August 30, 1988, inscribing on the original agreement the fact it has been amended and the effective date of this second amendment. SECTION III. That this ordinance shall become effective immediately upon its passage and approval PASSED AND P.PPROVED this the day or, .1998. r ~ i ! JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY; APPROVED AS TO LEGAL FORM; HERBERT L. PROUTY, CITY ATTORNEY 1 cr~ BY. v r. 32x 10 • p 1 SECOND A111ENDNIENI TO AIRPORT LEAST AGREEMENT FOR FIXED BASE OPERATING ACTIVITY BFTWEEN CITY OF DENTON AND TEXAS AIR CENTER, INC. STATE; OF TEXAS § § COUNTY OF DF.NTON § WHEREAS, the Second Amendment to Airport Lease Agreement For Fixed Base Operating (FBO) Activity ("Amendments') is entered into by and between the city of Denton ("Lessor I) and Texas Air Center, Inc, ((orm,^rly Air Denton, inc.) ("Lessee"). WHEREAS, on or about August }Q, 1988, a lease agreement for FBO Activity ("Airport Lease") by aid beta een the Lessor and Lessee became effective; and WI IE REAS, Lessee and Lessor amended the Airport Lease on June 7, 1994, and desire to amcnd the Airport Lease again in order to evidence a Letter of Understanding between Lessor and Lcsscc and provident Bark;aiid WHER'FAS, this Second Amendment is necessary in order for Lcsscc to obtain financing +o construct certain improvements to Lessor's Airport. l NOW, I I IERF.FORE, in consideration of the mutual promises and agreements contained in this Amendment, including the recitals set forth above, the parties agree as follows! I Arlicl: II, Section Fs of the Airport Lease relating to the "Rights of Mortgagee" is hereby amended by repealing the last sentence of Section E and in lieu Ihercof adding the terms and conditions set forth in the Letter of Understanding identified as Exhibit "A", which is attached hereto and made a part hereof for all purposes. 2. T his Second Amendment is intended to amend the provisions ofthe Airport Lease and the First Amendment only to the extent expressly set forth above. All of the terms, covenants, provisions, and conditions set forth in the Airport Lease and First Amendment arc ratified and conformed except as expressly modified by this Second Amendment, IIris Agreement slial4 be binding upon and shall inure to the benefit of the respective successors and assigns of Lessor and Lessee. 0 IN W17N1?SS WIILREOF, the parties have executed this Second Amendment as of the 0 • day of.-- 1998. i 1 Page 1 of 2 I.. II I nl \I[ IAiI ~T I ill. n[ I~.,wwi f..n [w M in [ [i. min 1.14r+,..An M x 10 32 X I • ;.ra., o ,I +maer . I CITY OF DENTON, LESSOR BY: _ MICHAEL W. JF.Z CITY MANAGER ATTEST: JFNNIFER WALTERS, CITI' SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CI I Y ATTORNEY BY: TEXAS AIR CENTER, INC., LESSEE i BY: _ ESW.f RESIDENT T 111; STATE OF 1 MAS COUNTY OF DENTON § { i 'I his instrument was acknowledged before me on this the 444 day of t ~'r s , 1993 by lames W, Huff, Jr. • r~ VICKIL OVERSTREET 1 p s NOTARY PUBLIC / STATE OF TEXAS otar ic, Slatu of Texas t9/ Nry ca,m, Lv a•09 tool y Commission Expires: Pege 2 of 2 it M d.I MP [il !I~ n.w.n+i fr...7 r.. fwn ,TIId,T N i I ryry 32X10 I , aawraea • " o naaiwa EXHIBIT "A" LETTER OF UNDERSTANDING September 1998 Provident Bank 2220 San Jacinto Denton, Texas 76205 Re: Lease Agreement for Fixed Base Operation Activity dated August 30, 1988, as amnsded by Agreement dated Jute 7, 1996 (as amended, the `Lease") by and between the City of Denton (the "City"), as lessor, and AirDentoo, Inc,, rVVa Texas Air Center, Inc. ("Lessee"), as lessee Gentlemen: We understand that you, Provident Bank (the "tender") are proposing to make a loan to Lessee in the amount riot to exceed $200,000.00 (the "Loan") for the purpose of constructing certain Improvenwritt to the real estate that Is the lea;ed premises under the Lease (the 'Premises") and coruecting taxiways. Notwithstanding anything to the contrary contained in the Lease, this letter shall constitute our agreement and wderstanding as to the interprptation of the Lease in its application to your rights as Lender. 1. The City represents to the Lender that the Lease Is not In defy t, that the City is the owner in fee simple of the Premises, that the Lease described above is the complete lease agreement with regard to the Premises, that the Lease Is a valid antd bindirty obligation of the City, and that the Lessee has the right to occupy the Premises under the terms of the Lease. 2. The City is-.rby consents to the Loan to be secured by a first lien on Lessee's leasehold interest in the Premises and a first priority security interest In all personal property of Lessee on the Premises (collectively, such liens and security interest, the "Liens"). The City agrees to subordinate its landlord's liens to ate Liens of the Lender. Y In the event that the City claims a defaultunder the Lease subsequent to the date hereof, the City agrees to send a copy to fender of any default noCce that is required to be sent or is sent to Lessee. e ' b. In the event that the Lease is canceled pursuant to Article VI, VII or other provisions of the Lease, the City agrees to allow the [gender a period of sixty (60) days following such cancellation (upon the condition that the Lender pays the City during such period the monthly rcn'.al that would be payable to the City had the Lease not been canceled), to either (1) assume the rights and obligations of lessee wrier the Lease, 00 or, without becoming liable under the Lease, present to the City a replacement lessee, acceptable to the City In its reasonable approval, for the purpose of reinstating the Lease with the replacement lessee or entering into a replacement lease 0 having the same terms for the balance of the lease term. In a7y event, the Liens of the Lender ~'f 1 ~rullnN«„ m NWINUM 0 i4neffim would continue unimpaired until foreclosed or released by Lender, so long as monthly rentals are timely paid. 5. The exercise by Lender of its rights to foreclose any collateral Interest in the Premises or the property of Lessee shall not, itself, be a default under the Lease. 6. To the extent of any conflict between the terms of this Letter and the terms of the Lease, the City agrees that as to the Lender, the terms of this Letter shall be controlling. 7. This letter is given to assure the Lender as to the interpretation of certain provisions affecting the interest of the Lender; nothing in this Letter Is Intended to confer or shall confer any right or benefit upon Lessee or any third party othrr than Larder. If the above accurately reflects our uoderstaMing and agreement, please indicate by signing below and returning a counterpart to the City. Sincerely, I City of Denton, Texas Agreed and Accepted this day of September, Mg Provident Bank Bv: _ Dimny Mitchell, Branch President M , . Receipt Acknowledged this day of September, 1998 i i ezas Ali Center, Inc. f/Ma AlMenton, Inc. k :;d By'-- - James W. Huff, Jr., Resident t, ~rcfJfuwelu TOTAL P.OJ 25 10 32X 1 n. Maw" 0 Aoan9r t~o.__1.~~ 3 Agenda Item/7f AGENDA INFORMATION SHEET AGENDA DATE: October 6, 1998 Questions concerning this acquisition maybe directed , DEPARTMENT: Finance - Purchasing to Bruce Henington 349.8134 ACM: Kathy DuBose, 349-8228 I SUBJECT AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDERS ##l, #2 AND q3 TO THE CONTRACT FOR RENOVATION OF DENTON CITY HALL AND MUNICIPAL COMPLEX (CITY HALL EAST) -,PROJECT 11 BETWEEN t-HE CITY OF DENTON AND DER CONSTRUCTION CO.; PROVIDING FOR A CHANGE IN { THE CONTRACT AMOUNT; AND PROVIDDO AN EFFECTIVE DATE. (BID # 2184-GENERAL CONSTRUCTION AND RENOVATION OF THE DEMON MUNICIPAL CENTER AND CITY HALL - PROJECT 11, PURCHASE ORDER 0 85176 TO DER CONSTRUCTION COMPANY IN THE NET AMOUNT OF $36,804.00 DEDUCT). BACKGROUND On April 21, 1998 the City Council awarded a contract to DER Construction for renovation to Denton City Hall (Municipal Building) and Denton Municipal Complex 1 (City Hall East) in the amount of SI,065,587.00. As construction has proceeded several I change orders have been issued. Change order 0 1 is the result of value engineering and change orders # 2 and N 3 are due to design changes. ESTIMATED SCHEDULE OF PROJECT These change orders have no impact on the construction schedule. Scheduled project completion is March 5, 1999, e PRIOR ACTION/REVIEW (Council. Boards. Commissions) Bid 2184 for Denton City Hall and Municipal Complex Renovation Project II sea awarded April 21, 1998. 4 I 1 I p y, y~ . / x 1. J J L X~ L.J R w~wm i AGENDA INFORMATION SHEET OCTOBER 6, 1998 PAGE 2 OF 2 FISCAL INFORMATION i The three change orders presented for authorization decrease the contract amount by 536,804.00. Change Order # l $42,517.00 Decrease j Change Order0 2 S 4,535.00 Increase Change Order d 3 S 1,178.00 Increase ' Net Total $36,804.00 Decrease The new contract total is S 1,02 8,783.00 CHANGE ORDER IN 0A1A= i Change Order 4 1 is for a decrease in the contract amount of 542,517.00, it is the result of value engineering as outlined in change order 4 1 attachment A. Change Order 4 2 is for an increase of $4,535.00. It is the result of some construction changes associated with the Legal Department entrance area. ! j Change Order N 3 is for an increase of 51,178.00, It is the result of converting from Sargent keytivays to Russwin key,k ays at City Hall East. Respectfully submitted: Name, Tom Shaw, C.P.M., 349.7100 Title: Purchasing A:,ent Attachment N 1: Purchase Order 0 85176 to DBR Construction Attachment t# 2: Change Order 01 Decrease S 42,517.00 • Attachment 4 3: Change Order 02 Increase S 4,535.00 p • Attachment # 4: Change Order 43 Increase S I,178M j uuinurwn i 1 2 , gg x 10 32'x 10 p h w r a Vr licrv r vlv, I cAHQ 901-8 TEXAS STREET PURCHAbE ORDER DENTON. Tx 71201 P.D. NUMBEP 85175 .,TE/4VEN9DOR NO. C38000M17dT T?, DBR3300780 SHIP DERNCONSfRUCTION CO. CONFIRMATION ONLY C38 P.O. BOX 828 FACILITIES MANAGEMENT 604 E HICKORY DENTON TX 76201 DENTON TX 76202 i NOTE: THIS ORDER WAS !'-~OIFIED ITEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION BID NO, LINE AMWN 01 460 032 CHAL 9804 9101 0.00 CITY HALL / DMC BASE BID 829,000.} 02 100 041 020M 9101 0.00 ALTERNATE N 1 26,783,0 • CHANGE ORDER N 1 DECREASE AMOUNT $42,517.00 03 454 032 CHAL 9663 9101 0.00 ALTERNATE N 2 136,250,0 03 454 032 CHAL 9648 9101 0,00 0,0, 04 460 032 CHAL 9812 9102 0.00 ALTERNATE N 3 31,037,0 05 480 032 CHAL 9812 9102 0.00 CHANGE ORDER N 2 INCREASE 1,178.0 06 460 032 CHAL 9812 9102 0.00 CHANGE ORDER M 3 INCREASE 4,535.0 COUNCIL APPROVED 4-2-98 • TOTAL FOR P.O. 1,028,783.01 ' The City of Denton, Texas is tax exempt-House dill No. 20. Aeference P.O. Number on all OIL Shipments and Invoices. Shipments are F.O.S. City of Denton, or as indicated. By Purahasin2 Division • A.A. Number Items Received Date voueher Number Amount O • 3 32 X O o ' testa 0 a ATPACIDM'NT 4 2 ~ Change Order OWNER 129 ARCHITECT (XI AIA Document G701 - CONTRACTOR Electronic Format FIELD (I OTHER 0 1111S DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION WITH AN ATTORNEY I$ ENCOUR0.0l WITH RESPECT TO ITS COMPLET70N OR MODIFICATION. AVn(E? ICAT1oN OF THIS ELECTRONICALLY DRAFTED ALA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401, PROJECT: (name' addnu) CHANGE ORDER NUMBER' One I Donlon City Holt A Arum ircl a iz s Reeovat_ I_oe~M= DATE: D June 1998 215 E. McKil A 601 Fast Hickory Denton Tetra 76262 TO CONTRACTOR ARCHITECTS PROJECT NO: 97174.00 D-S (name, addrd") CONTRACT DATE: 2 April 1998 DER Cow&u elon Commm - P. o ad: eta onto Ter t 7A » CONTRACT FOR: Renovation The Contract is changed as follows: Acf Atlechment "A" Not valid until signed by the Owner, Architect and Contractor. The original (Contact SumXws Pike) was $ 1,065,587.00 Net change by previously authorized Change Orden S 0.00 The (Contract SumX ) prior to this Change Order was S 1,065,587. The (Contract SumvQA-an-weed Maximum ) will be (iiii6 edXdecrill (uncAal ) by this Change Order in the amount of S 42,517,00 The new (Contact SumX ) including this Change Order will be f 1,023,070.00 Th e Con tract Time will be (+naraasa~(&oreasad)(unchan led) by ()days. The dale of Substantial Completion as ofOt date of this Change Order therefore Is S Much I999. NOTE: This summary does not rell"t changes in the Contract Sum, Contact Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive. J McT Co. an Associates Inc. CONTRACTOR OWNER w Address 50 m Street u to 500Adareu Dallas, Texas 15202 Addrees gy IL d1 p DM Canst uttion Z _Q, 112y XL _ DATE Ivne eJ .199& BY a iy - D TE Iune- .1998 D Lune AIA DOCUMENT G101 - CHANGE ORDER . 1917 EDITION - AIA , COPYRIGHT 1917 - THE AMERICAN INSTit UIE OF ARCHITECTS, 1711 NEW N!r' YORK AVEMlE. N,W, WASIBNOTON. DC.. 200065292. WARNNO; Unliunud photoeopyVna violates U,5 copyright taws will is i0jen to 1e1si protecution. TAit document wu ileitis aclly produced with permittion of ft AIA tad cut be nproduted without violation until the dire of tipirilion u holed 1 below I Electronic Format 0701.1987 User Document 0701.DOC - 613/1998. AIA License Number 101193, whit" expires on 9!711996 - Page 01 ~ 4 " I + 32X a Y , atsww t O Y ~ ATTACHMENT "A" I June 1, 1998 RE: Denton City Hell and Municipal Complex Corgan Associates Inc. Project 11 97174,00 D•5 Value Engineering Glatt 1.1 Reduce construction contingency from Mpo to 525,000. ($15,000 credit) 1.2 Eliminate the glass block inSll at Fire Sprinkler Ricer Room adjacent to Corridor 101. Provide EIFS infill wall 5n Southwest corner of room to match existing platter walls. Existing wing wall an not to bedemoed . (113,OOOcredit) 1.3 Provide bond locksetr st in lieu of specified mortise locks at DMC. , (11500 Credit) 1.5 Reduce will tilt in DMC restrooms 125 and 126 to V-0' beight on plumbing walls and eliminate wall the on oonpplumbing walls as indicated on Supplementary Drawing SD-30. Wall finish to be paint at e locations tile his been eliminated. ($1,000 Credit) r 1.7 Provide Celotet aging We pattern NPS•197 or equivalent ceding tilt in lieu of specified Armstrong 'Georgian' . (11800 Credit) 1.1 Provide vinyl wall covering in lieu of fabric wallcovering in Room 105 and 107 along the 1 north sad eat walls. Vinyl wallcovering to be equal to specified vinyl referenced in Addendum item 01.21 (12,000 Credit) 1.9 In lieu of the specified polymer resia type toilet partition, provide baked enamel metal toilet partitions with acceptable manufacturers: Ampco Produce, Inc., Global Steel Products Corporation, Sanymetal Products Company, Inc, or Generl Partition Manufacturing Corporation. Acceptable Products are as follows ...........................Y ...y ($1,800 Credit) (1) 1 Door Mounted Overhead Braced 7oilec Partitions: Academy by Sanymetal Product Co. (2) Overhead Supported Toilet Panitions: Century b San metal Product Co. (3) Wall Huai Urinal Screens: Type F by Sanymetal Product Co. 1.11 Replace hydronic coils in power mixing boxes with the elettrical reheat coils as originally designed (modified by Addeodum Item 0118) on Sheet M1at DMC 7,380 Credit) 1.11 Rezone HVAC to eliminate up to (12) power mixing boxes and streamline ductwork. Reference f Supplementary Dewing SD47, 28 k 29. (Eliminate 7 • $3,817 Credit) 1.15 Provide PVC plumbing piping underground vs. nut iron currently specified at DMC. (1720 Credit) 1.17 Provide MC cable where allowed by NEC in lieu of specified EMT conduit. ^ ^ ($3,000 Credit) 1.19 8liminc.: aluminum window between Customer Service 103 and Workstation Cluster 119 and provide framed gyp board opening in will (1500 Credit) 1.20 Eliminate all thread dun sacPnon and provide strip hangers at ductwork........... r " (11,000 Credit) Total Credit • 542,517 ( e { ,S ^ryji 1 •b .fir I L . ^ V3 (f r i ~iP .Y 1 + i gip, Y 1 ,r 1 ~ . rte. 0 ATTACFDIENT # 3 Change Order OWNER (X1 ARCHITECT (X 1 AIA Document G701 - CONTRACTOR (X] Electronic Format FIELD OTHER MS DOCLMEM ItAS IMPORTANT LEGAL CONUOL'EN:F3. CONh ;.T^TION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTSffNTICATION OF TMS FS E. rRONICALLY DRAFTED ALA DOCUMENT MAY BE MADE BY USrNG AIA DOCUMENT De01. PROJECT: 1narnt "kimf CHANGE ORDER NUMBER; Two(2) Denton City Hall A MaWcoal Complex Renavanon • Project 11 21! E. McKinney r4 601 E. Hickory DATE: 16 August 1998 Dentott, Tau 76202 TO CONTRACTOR: ARCHITECT'S PROJECT NO: 97174.00 emme. af.'eust CONTRACT DAVE: 21 APO 1991 DBR Constrvcticn Company Post ensonn, Te TauBoss 828 Dento CONTRACT FOR: Rrtovation D, 76201 The Contract is changed as follow:: Revise entrance door and storefront to the Legal Department in the Denton City Hail as Indicated on Suppleme s tary Drawing 50.31 and per PCR 02. 1, dated June 23, 1998. Not valid tintll signed by the Owner, Architect ant: Contractor. The original (Contract Sum was S 1,06Sd87.G0 Net charge by previously authcr4,d Change Orders S (42,517.cc) The (Contract Sum Price) prior to this Change Order was f i,023,070.CC The (Connact Sum)( ) will '.e (incremed)(deEnased) (wschaage0) by this Change Order in the amount of S 4,533.00 The new (Contract Sum)Efwamidi" tita,uiRS w FF4@) including this Change Order will be S 1,027,605.CO The Contract Time will be (111CM eC)(deeFeasedxunchanged) by zero (0) day. The date of Substantial Completion as of the date of this Change Order therefore is March S, 1999, J NOTE: Th is summary does not reflect changes In the Contract Sum, Contract Tune or Ouaranteed Mwt hum Price which have been authorized by Construction Change Directive. -XXVHf1F.i'[- CONTRACTOR r ORVER ! Address Addreu Addree ~`urban Arociata. Inc. lOl Etrn Ss:eC Suite DBC Construction Compaq. P. 0. Box 828. City 0 Denser. 213 E. McKinney, Denton. 00. Dallas. Texas 73202 ..pp Denton, Ter 76202 iexas'i J7 ' BY ef.. 0. I . DATE bllt•!16 r D{TT 9~ BY p • AIA DOCUMENT 0101 • CHANGE ORDER • 1917 EDiCON • AIA • COPYRIGHT 1917 • THE W`RICAN NSTITU'iE OF ARCWIECTS, 17311 SEMI 100.1: A%tNUE, N W. WASWSGTON , DC, 2GOV-1291. WA0.\1%0. Unllcemed protoeoplinE Holmes US to ?right laws And is subject W 141st 1 n stivion, 7Tis document wu elecucil,cmh produced with permi»mm of the AIA and can be reproduced withasm rtolatioh until the dote of erpirmion as noted tetew Electronic Format 0;01.198' User Document. 070102 DOC - 8/1711Q08, AtA license Number 101193, which spires on 1211/1999 - Page 01 6 25 10 10 MINIM o {r Proposed Change Request CORGM A.ttOOAT IS. CNN- _ tot t2>I ftllr2T oasts. tvw rsxatss , n? 214 rN x00 LMAn. CcKGArvcoaGti..coM 23 June 1998 , To Mr. Don Richards Project Denton City Hall Renovation DBR Comruction Company Project II, Phase I and It P.O. Box 928, Denton, TX 162C2 t From Louis Wolf PCR 2 Plesse rubtais a written proposal ror modifications to the Work as identified ken and on referenced attachments. Submit proposal within r days, or t.otify the Architect In writing o! the date on which you anticipate rubmitting your proposal. THIS IS NOT A CH.A\GE ORDER, CONSTRUCTION CHANGE DIRECTIVE OR A DIRECTION TM PROCEED WITH THE WORE DESCRIBED IN THE PROPOSED MODIFICATIONS. 2.1 Provide pricing for the modification of the entrance door and storefront to the Legal Department in the City Hall as indicated on Supplementary Drawing $D•31. Relocate door 157 to g}•psum board wall. tnfill door opening with storefront. Provide electric strike at door 157 with push button located adjacent to Legal Receptionist. Install 18' X 24' wood framed window with V opening in gloss above V-0" Wide X 2+" long plastic laminae countertop. Wood frame to match detailing at storefront. Relocate aluminutr, vestibule to align with storefron 2.2 Provide pricing for the modification of the storefront at Legal Department in City Hall as indicated on Supplementary Drawing SD-31 and stated above. In lieu of relocating the aluminum ve-aibule will, replace with wood storefront. End of PCR ' Encl. cc: Bruce Heningtan/Denton y, ' r I r r:.xo•~u:+ca 7 k;'~'` ' 2 x• C~ 3 2 x I Q e t'mr~,a 0 ~arwr Supplementary Drawing No. 31 COMAN ASSOCtATU. INC. SDI EL4 mu rr DALLAS, TEXAS 71CM-5554 TEL 21+744 `,000 FAx :u en aE1 181une 1998 Drawn by UW Project Denton City Hall & Db1C Renovation Date 18 June 1998 No. 97174.00 File: D-10 Item: PCR M2 Aglr!'. Anal. ASST. ct~ ct+y a Arrivy. k" "Y d 4CA{• LauK t~c1i 6 PkH • MW V•.4 rft.r& PARTIA L FLoalk PLAN • oily WALL 1t, o" a V N T 4 32x1 O 0 0 ATTAC[4~HT ! 4 OWNER (XI Chan~~ Order ARCHITECT IXI AIA Document G701 • CONTRACTOR (xI FIELD ( I Electronic Format OTHER d THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUT}M?CTICATION OF THIS ELECTRONICALLY DRAFTED AJA DOCUMEN7 MAY RE MADE BY USING ALA DOCUMENT D401 . PROJECT: (name. add,ea3 CHANGE ORDER NUMBER: Three(3) Kenton Cuv Hari d dfumc!pal Coniplei Renovation • PrL^t 1! 215 E. %kKinnev & 601 E. Hickorv DATE: 14 September 1998 Donlon. Tcsas 76202 ARCHITECTS PROJECT NO: 97174.00 TO CONTRACTOR: (name addreti) CONTRACT DATE: 21 Apnl 1998 DBR Consimcfion npa Post OfBct Box Boz 828 nv CONTRACT FOR: Renovation Denton. Texas 76202 The Contract is changed as follows: Provide Russwin keyways In lieu of Sargent keyways for the specified hardware sets at DMC. Sargent locksets will be installed and changed out once the new Russwin keyways are received. Not valid until signed by the owner, Architect and Contractor. The original (Contract Sum) was f 1,065,587.00 Net change by previously authorized Change Orders $ 37 9( 82.001 The (Contract Sum ) prior to this Change order was S 1,027,605,00 The (Contract SumX ) will be (increased)(dacr.aasd) F4ncAangod, by this Change Order In the amount of S 1,17800 the new (Contract Sum ) including this Change Order will be S 4,448414UG The Contract Time will be {wtcpraud)(dKnasedxunchanged) by zero ( 0) days. 2 r e24e1 The date of Substantial Completion as ofthe date of this Change Order therefore is March 5, 1999. p~ef 1 NOTE This summary does not reflect changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive. C4r9an Assoctdtes, Inc. oats ruction Co. of Denton Add,ess Address Address • $01 Elm Street, LOU 500• Della. Texas P. 0. 8oz 828. Donlon. Titim 76202 213 E, KinI_Den26~y,~Teas 16202 73202 B BY BY ~ i n AiA DAT ~ EVE ! 5 s~or y< < 6 ' I it 9(NIL (NILNTU701•CIIANGCORDER•19a7LDITION•At •COP)'RIGHT 1997-THE AMERICANINSTITUTE OF ARCHITECTS, 173514000OR), Ali F,Nt E. N N' WASHINGTON. D C, 2W*6 292 N'AR,\I',U. Vnticensed photocopy ner Wlettt U S, cap)oghl laws and It cubjeel to It" prosecution. Tir - 1 doaumcnl was electroai"It, Ptsduced with peanisslun attire ALA and can bt reproduced without Violation until the due of e,piratlon a noted below. Electronic Format 0701.1987 User Document. (3701#300C -911411098 AIA license Number 101193, which expires on 12/711999-Page 01 9 i ,f 32X ID 'WIXOM f V f ORDINANCE NO. AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDERS #1, #2, AND #3 If TO THE CONTRACT FOR RENOVATION OF DENTON CITY HALL AND MUNICIPAL COMPLEX (CITY HALL EAST) - PROJECT 13 BETWEEN THE CITY OF DENTON AND DBR CONSTRUCTION CO.; PROVIDING FOR A CHANGE IN THE CONTRACT AMOUNT; AND PROVIDING AN EFFECTIVE DATE. (BID # 2184-GENERA[, CONSTRUCTION AND ' RENOVATION OF THE DENTON MUNICIPAL CENTER (CITY HALL EAST) AND CITY HALL • PROJECT PURCHASE ORDER # 85176 TO DBR CONSTRUCTION COMPANY IN THE NET AMOUNT OF $36,804,00 DEDUCT). WHEREAS, on 4-21-98, the City awarded a contract for BID # 21E4 - GENERAL CONSTRUCTION AND RENOVATION OF THE DENTON MUNICIPAL C.iNTER (CITY EAST) AND CITY HALL - PROJECT 11 in the amount of $1,065,587,00; and WHEREAS, the City Manager having recommended to the Cour^il that a chani;e orders be j authorized to amend such contract agreement with respect to the scope and price and said change orders being in compliance with the requirements of Chapter 252 of the Local Government Code; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I That the change order #1 decreasirg, and change order # 2 increasing, and change order # 3 increasing the amount of the contract agreement between the City and DBR Construction Company copy of which is attached hereto, in the amount of THIRTY SIX THOUSAND EIGHT IA NDRED FOUR and no/100 Dollars ($36,804.00), is hereby approved and the expenditure of funds therefor is hereby authorized. The contract amount is amended to read $1,028,783.00. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1998. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY { BY: APPROVED AS TO LEGAL FORM: HEBERT L. PROUTY, CITY ATTORNEY I ; k BY: O y , ?t-% 2194 C•IIANGE ORDERS 61. 02.03 ORDINANCE X5116 TO DOR CONSTRUCTION r 10 I - ?5'10 32XIO o , o ~~+nda N~ 9-03.5 %enda Itern___ Date-_._10nkLff__ AGENDA INFORMATION SHEET AGENDA DATE: October 6, 1998 Questions concerning this acquisition maybe directed DEPARTMENT: Finance - Purchasing to Howard Martin 349-7194 ACM: Kathy DUBosc, 349.8228 I SUBJECT AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO AN EMERGENCY PURCHASE ORDER FOR REPAIR TO LAKE PUMP # 4 BETWEEN CITY OF DENTON AND LAYNE TEXAS; PROVIDING FOR AN { INCREASE IN AMOUNT; AND PROVIDING AN EFFECTIN E DATE. (PURCHASE 1 ORDER # 56363 TO LAYNE TEXAS CHANGE ORDER 4 1 IN THE AMOUNT OF j $24,336.00). BACKGROUND During this summer, the City's Lake Lewisville raw water pump station suffered a catastrophic failure to one of its four raw water pumps (pump 91). This failure was compounded ty the development of pump bearing problems with another raw water pump (Pump # 4). In managing this crisis, we issued an emergency purchase order to Layne Texas in the amount of 822,340.00 to cover the estimated expenses to pull, repair and reinstall this pump as quickly as possible. This cost estimate assumed that the pump bowl assembly couX be reinstalled with parts allowance for new shafts, bearings and oil tubes. ARer Layne pulled this pump in August and inspected the pump bowl assembly, it was determined that the pump impellers were worn out and the rebuild cost for the bowl assembly would approach the cost of a new bowl assembly. In an effort to make the proper repairs to this unit and to salvage the current investment with Layne Texas, we are recommending that we issue a change order revision to this purchase order in the total additional amount of $24,336.00 to cover the revised cost of labor and materials ($3,487,00) and to purchase the new pump bowl assembly (420,849.00). At the present time, Layne has S3,497.00 in labor charges and $12,210.00 in pre-purchased parts obligated towards this project under the existing purchase order. They have provided the City of Denton with six different options to repair or replace the worn pump bowl assembly. In reviewing the pcrfomtancc data they provided, we are recommending the purchase of a new bowl assembly Floway 19FKI'vN 3-stage), This choice is also the lowest price option for purchasing a new bowl assembly, The existing pump bowl j assembly is 33 years old and has been rebuilt twice. O • 1 „ r~ ICI 32XIO • 0 i AGENDA INFORMATION SHEET OCTOBER 6, 1998 PAGE 2 OF 2 ESTIMATED SCHEDULE OF PROJECT 'I The deliver}' quoted for the shipment of a new Floway 19FKH/N bowl assembly is 10.12 weeks. PRIOR ACTIONIREVIEW (Council. Boards, Commissions Purchase Order # 86363 to Layne Texas was approved by Council on July 30, 1998 in the amount of 522,340.00 for emergency repairs to Lake Pump N 4. CHANGE ORDER INFORMATION Change Order # l to purchase order # 86363 is for a new bowl assembly associated labor and miscellaneous parts for installation on raw water Lake Pump # 4. - i When the original emergency purchase order was approved, we were not aware that the pump bowl assembly was wom to this degree. We recommend approval of this change order in the amount of $24,336.00. Total purchase order is revised to read S46,676.00. ' r Respectfully submitted: ? Name: Tom Shaw, C.P,M., 349.7100 Title: Purchasing Agent I ~ ~ f Attachment # 1: Revised Purchase Order # 86363 for Laync TcAas Y 1101 AGENDA l~- 1 2 32X 13 • o S PURCHASE ORDER NO: 86363 THIS IS A This number ravel appear on all CbIJFIRM ORDER . b •4lwerc sips, uses. . Ilf MAR ARKED) cins im eases, packing slips and eats. 00 NOT DUPLICATE Req No: Did No. Dater. 09 23 98 Pe44 No. 01 ITY PLACHASNNO DIVISION 1 9001 6 TEEN STTRREEIT DEENTONN,STEXAS 70201-4354 9401349-7100 D1FVV METRO 817/207-0042 FAX 940/349-7302 ► VFNOOR LAYNE-TEXAS NAME/ 5734 AMERICAN LEGION RD. DELIVERY WATER PRODUCTION PLANT 806 ADDRESS ADDRESS TYLER TX 75708-9147 1701 B SPENCER DENTON, TX 76205 STEVE WOOLLEY VENDOR NO LAY49000 DELIVERY OLUIED 10 06 98 FOS DESTINATION BUYER DH TERMS LINE A T RIP 001 50.00 HR VENDOR CAT. / N / A NFG NAME 124.000 6,200.00 CI71 0 8300 3 MAN CREW, TOOLS, LABOR TO PULL i TRANSPORT PUMP I I U02 3.00 EA VENDOR CAT. N N / A MFO NAME 195.000 585.00 CITY N 6300 PER DIEM CHARGES 003 2010.00 61111 VENDOR CAT. I N / A MPG NAME 1.000 2,010.00 CITY 1 5300 TRANSPORTATION i MISC. LABOR 004 12210.00 S$ VENDOR CAT. 1 N / A MFG NAME 14000 12,210.00 CITY M 8300 ESTIMATED PARTS Y 4 P OE IOTAL it 21,005.00 I W I YINf1011 INSTAUtt10Nfi .__..I 3. terms • Nei 30 m.~......,.„ w,,,..i k I. Send e,iplnsl ievente trust #wocoe copy 4. Serpp,M inslerctiens FOR Oestineben pepud e"NU m..'."• w. m.n 1 Dal N ALfeiMH pry4ds S No hAersl r state lairs ta. 0all be m1mAd Its L, A4cKmicy Se ' m pmts S,NeA "Aar u5n71 nvu tll .m t,Y.1L ° . t r1~"~ 25 ~K 32 x 10 A 0 l i 1 i s PURCHASE ORDER NO. 86363 THIS IS A This number must pper on all CONFIRMING RDER wvomes, dehveril shps, uses, . (IF MARKED) clns, bGxes, picking spas and bills. DO NOT DUPLICATE Re4 No. Bid Na• Delr. 09 23 98 Page Na 02 CITY , PURCHASWO DIVISION 1901 OF DTEXAS ENTONSTREET T~X~STEXAS 76201-4354 ' 9401349-7100 "W METRO 6171267-0042 FAX 9401349-7302 VENDOR LAYNE-TEXAS NAME/ 5734 AMERICAN LEGION RD. OELVARY WAr1R PRODUCTION PLANT 6 ADDRESS ADDRESS TYLER TX 15708-9141 1701 8 SPENCER DENTOB, TX 76205 STEVE WOOLLEY VENDOR NO, LAY49000 DELIVERY OUOTED 10 06 98 FOB DESTINATION BUYER DH TERMS LINE ; w 1 • 9,. 1. £ .1 .g;; OUANTITY 'j _777777" 005 1.00 LT VENDOR CAT, 1 N / A MFG WANE 4,232.000 4,232.00 CITY 1 8300 BLAST 4 COAT COLUMN PIPE AND OIL TUBES FOR EMERGENCY REPAIRS TO LAKE PUKP 14 - ESTIMATED PARTS AND LABOR. 006 1.00 LT VENDOR CAT. 119FKM/X-3 MFG MAKE 20,849,000 20,849.00 CITY 4 8300 FLOWAY 19FXH/N-3 3 STAGE BOWL ASSEMBLY 007 1.00 EA VENDOR CAT. 1 M / A MFG MAKE 590.000 590.00 • CITY / 8300 20" DIA X 16" BASEKT STRAINER i P OE TOTAL I 250611.00 GR ND TOTAL I 46,676.00 620 081 0460 8339 46,676.00 1k Suitt ArIfild o{ Tarris Not .n..u .v. e.e, I valef w~l fepLeelo Npy. 5 No I vveA 1 ersl s « uc tldr OW111 064P..11 td0sg Is, e 0 all lle +r nal ruNI 01.411 *,1 0,11 is i en 11 E ML Pone I. in price, killed et r.ng wTs&sn 1,. ~!i < 32 x 0 ORDINANCE NO. AN ORDINANCE ALTHORIZiNG THE EXECUTION OF A CHANGE ORDER TO AN EMERGENCY PURCHASE ORDER FOR REPAIR TO LAKE PUMP # 4 BETWEEN CITY OF DENTON AND LAYNE TEXAS; PROVIDING FOR AN INCREASE IN AMOUNT; AND - ' PROVIDING AN EFFECTIVE DATE. (PURCHASE ORDER # 86363 TO LAYNE TEXAS CHANGE ORDER # 1 IN THE AMOUNT OF 524,336.00). WHEREAS, on 6.30.98, the City Manager approved the award of a contract for EMERGENCY REPAIRS TO LAKE PUMP # 4 in the amount of $22,340.00; and WHEREAS, the City Manager having recommended to the Council that Change Order # 1 he authorized to amend such emergency purchase agreement with respect to the scope and price and said change order being in compliance with the requirements of Chapter 252 of the Local Government Code by reason of the equipment acquisition being declared an emergency purchase; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the change order increasing the amount of the purchase order between the City and Layne Texas copy of which is attached hereto, in the amount of FORTY SIX THOUSAND SIX HUNDRED SEVENTY SIX and no/100 Dollars (S46,616.00), is herby approved and the expenditure of funds therefor is hereby authorized. SECTION IL That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _ day of ,1998. JACK MILLER, MAYOR 1 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY , APPROVED AS TO LEGAL FORM: HEBERT L. PROUTY, CITY ATTORNEY B1': I 663 5 CHANGE ORDER NI ORDINANCE S I 11 pQ , ~t' x 2ti x❑ 32X' O d Now w 4 , Agenda No..,_.yf --L2 Agenda Item . AGENDA INFORMATION SHEET AGENDA DATE: October 6, 1998 Questions concerning this acquisition may be directed + DEPARTMENT: Finance - Purchasing to Howard Martin 349.7194 ACAI: Kathy DuBose, 349.8228 SUBJECT AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A PURCHASE ORDER FOR REPAIR TO SOLID WASTE DUMPSTER CONTAINERS f BETWEEN THE CITY OF DENTON AND DUMPSTER DOCTOR; PROVIDING FOR AN INCREASE IN THE CONTRACT AMOUNT; AND PROVIDING AN EFFECTIVE DATE. (PURCHASE ORDER k 86582 TO DUMPSTER DOCTOR IN THE AMOUNT OF $15,512.00). BACKGROUND Purchase Order 0 86582 was issued to Dumpster Doctor in the amount of $12,000.00 on July l5, 1998. It %,as later revised up to $15,000.00. The agreement was to repair, paint. and place decaling on commercial solid waste containers. Prior to an accurat: reconciliation of repair work performed, the contractor exceeded the purchase order by the change order amount of $512.00 for a total of $15,A2.00. All expenditures in excess !i of S 15,000,0 require Council Approval ESTIMATED OF PROJECT I I All work on this project stopped in early September. The service will be rebid for the r 1998.99 fiscal yeas 1 FISCAL INFORAIAT i Funds for this cont::iner repair service will be taken from 1997.98 budget account nunibcr630.024.0802.8346. 1 ~ I + ,,,;25 10 32 X I O lei i , 0 f AGENDA INFORMATION SHEET OCTOBER 6, 1998 PAGE 2 OF 2 r CHANGE ORDER INFORMATION This change order in the amount of $512.00 is for work performed by the supplier in excess of the purchase order amount. Quotations were solicited from three sources with the intent of holding the contract under $15,000.00. Therefore, tie contract was not previously submitted for Council Approval. We recommend this change order be approved in the amount of S512.00. Respectfully submitted: Name: Tom Shaw, C.P.M., 349.7100 Title: Purchasing Agent Attachment #L Purchase Order # 86582 to Dumpster Doctor for S15,512.00 1109AGLNDA t1 I . 1 . t' r 7 " 1 I`'1 r 2 I f 10 1032X ~ f I •1 f 1 • o 4 I PURCHASE ORDER N0; 86582 THIS IS A This number must appear on all CONFIRMING MOEA invoices, dehru7 thps, cases. . (IF MARKEDI cIM., boxes. PbCkin/ Silas all ba'', DO NOT DUPLICATE Alto No~ Bid No: Detr. 09 23 96 Pepe No. 01 PURCHASING OlVICt0N 1 901 OF DTEXAS EN SONS DEEX~STEXAS 70201-4354 9401349-7100 DIFW METP.0 811/261-0042 FAX 940!349-7302 • VENDOR DUMPSTER DOCTOR ► NAME/ P 0 BOX 3562 DELIVERY CENTRAL RECEIVING 8 ADDRESS ADORES4 SOLID WASTE DEPARTMENT ARLINOTON TX 16001 901 S TEXAS ST DENTONr TX 76201 TANYA 016.!8 VENDOR N0. DUK49000 DELIVERY OLIOTED 10 06 98 IN DESTINATION BAER DH TEAMS warp M.'~ 7".T d fl ..y r p.. im;',~,jy K.ai•I LINE CWTiTY. 001 12000.00 11 VENDOR CAT. II N / A MPG NAME 71.000 12x000.00 CITY 1 8300 PAINT AND STICKER CONTAINERS IN COMMERCIAL DEPARTMENT 002 3000.00 IS VENDOR CAT. 1 N / A KrG MAKE 30000.") C:TY 1 6300 CHANGE ORDER 1 1 '-v 003 512.00 ii VENDOR CAT. 1 N / A MFG MAKE 1.000 512.00 CITY 1 8300 CHANGE ORDER 1 2 + P 0E TOTAL I 15,512.00 0 GA KO TOTAL s 15#512.00 u 630 024 0e02 6346 !5#512.00 . vwm INSIAU00NS: 3. films • Nei 10 u.P... m..,... 4.,AW I I Send & Iol l IMeltl In IN d411tNe to" 4. Shppp+M In,hucil"s 101 Oeuinnron pfelt4 h l'i fxu.n# ir•.#.et 9. I. 1111 Ir ' Atte'intl Feeble 1. No "1111 M pelt IdM Ili Ihdl N nxhKG'.d 31, S IA fires, SL n Nnef witt --FirTeslt nyTtiTNI D. :L_.21 r ' . 32X IO v a .rare. to r • ORDINANCE NO. v .r AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A PURCHASE ORDER FOR REPAIR TO SOLID WASTE DUMPSTER CONTAINERS BETWEEN THE CITY OF DENTON AND DUMPSTER DOCTOR; PROVIDING FOR AN INCREASE IN THE CONTRACT AMOUNT; AND PROVIDING AN EFFECTIVE DATE. (PURCHASE ORDER N 86582 TO DUMPSTER DOCTOR IN THE AMOUNT OF $15,512,00), ' WHEREAR, on 7.15-98, thu City approved the award or a contract for repairing of refuse containers, in the amount orsl s,000.,r; and WHEREAS, the City Manager having recommended to the Council that Change Order 0 l be authorized to amend such purchase agreement with respect to the scope and price and said change order being in compliance with the requirements of Chapter 252 of the Local Government Code; NOW, THEREFORE. r' THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION I• That the change order increasing the amount of the purchase order betwcen the City and Dumpster Doctor copy of which is attached hereto, in the amount of "IFTEEN THOUSAND FIVE HUNDRED TWELVE and no/100 Dollars ($15,512,00), is hereby ipproved and the expenditure of funds therefor is hereby authorized, SJTIC ON 11. That this ordinance shall become effective immediately upon its pa sage and approval. PASSED AND APPROVED this the day of .1998. JACK MILLER, MAYOR ATTEST; JENNIFER WALTERS, CITY SECRETARY f BY; APPROVED AS TO LEGAL FORM; - 1 HEBERT L. PROUTY, CITY ATTORNEY • 665!2-CIIANGEORDER01ORJINANCE • • i 4 F. ~ ~ , 25 ❑ 32 X I ❑ e 0 ,tea, Ageiida No AGENDA INFORMATION SHEET Agenda Item _.J Date /aL _ e. AGENDA DATE: October 6, 1998 Questions concerning this acquisition may be directed DEPARTb1ENT: Finance - Purchasing to )ill Jordan 349.7326 ACAt: Kathy DuBose, 349.9228X SUBS AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR AN ANNUAL PRICE AGREEMENT FOR SANITARY SEWER SERVICE CLEANING AND TELEVISING; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID k 2270 - SANITARY SEWER SERVICE CLEANING AND TELEVISING AWARDED TO NEZAT AND ASSOCIATES IN THE NOT TO EXCEED AMOUNT OF 575,000.00 PER YEAR). J BACKGROUND Existing City Wastewater personnel and equipment are used to unclog chokes and step clean 4" to 15" sanitary sewer lines. The larger 18" to 33" sanitary sewer lines are mostly in low areas near creeks and are difficult to clean due to access and excessive amounts of debris, roots, and large diameter obstructions, which hinder the true carrying capacity of these lines. The City currently does not have the experience and equipment to clean these large diameter lines. The City has utilized a company in the past to instruct, advise and assist city crews in cleaning and televising large diameter sanitary sewer lines. This company used a hydro mechanical method that was very successful in cleaning a portion of the Pecan Creek Outfall line from McKinney Street to Loop 288. Last August, Nezal and Associate9 assisted City crews televising the State Schoei Outfall (1960) and the Hickory Creek Interceptor (1983) from State School Road to the Wastewater Treatment Plant. Roots, debris, and massive build up were discovered at various points in both Approximately 17,000 linear feet of the State School Outfall and the Hickory Creek rrl Inteceptor lines need to be cleaned. Upon completion of the State School Outfall and Hickory Creek Interceptor project, the City will continue to investigate and identify other • large diameter lines that need to be cleaned, Tabulation Sheet EST1LN I dtTED5 C I I EouLr OF PROJECT ! The first 17,000' of the State School Outfall and Hickory Creek Interceptor line will O ! begin this week, Other areas will be cleaned as needed. The contract is for one year from date of award, renewable for two additional one year periods, i I 2,C) 0,10 32x 0 " AGENDA INFORMATION SHEET OCTOBER 6, 1998 PAGE 2 OF 2 PRIOR ACTION EVIEW fCouncll. Boards. Commissions) The Public Utility Board approved the project and recommended approval September 20, 1998. FISCAL. INFORMATION The cost of cleaning will Le included in the Wastewater Revenue accounts for the appropriate fiscal year not to exceed 551,000 in year one and $75,000 in subsequent yeas. DID LNFORlIATION This bid is for the cleaning and televising of sanit.,-y sewer lines 18• and larger in E diameter. Nezat and Associates will instruct, advise and assist city personnel in the proper maintenance of these large diameter lines. We recommend award to Nezat and Associates as indicated on the attached Tabulation Sheet. Respectfully submitted: Name Tom Shaw, C.P,1.1 , 349.7100 Title: Purchasing Agent , Attachment M 1: Tabulation Sheet 1 1112 AGI NnA J , t- ' 2 F 1 OWN@ HMI".a ATTACHMENT#1 TABULATION SHEET f. BID N 22T0 Naafi d Assoc. I BID NAME sanitary saver service Clamming and Tatevlaing j DATE 3-30 10111 QTY LINEAR FT, DESCRIPTION VENDOR 1 2,000 to 10,000 Instruct, advise and asdat City $4.001 h Wastewater Collection personnel In 10 01 to 20,000 cleaning d telvevising of eehrcting 33.001 R sections of large diameter unitary lewur 20.001 to 30.000 line (11" or larger) located In various 13,DO parts of the city, 30,001 to 40,000 13.001 fl 40,001 d u 13.001 }t r r 3 i .e F „ Zi 10 0 I :OVA a o ' r 1 ~ ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR AN ANNUAL PRICE AGREEMENT FOR SANITARY SEWER SERVICE CLEANING AND TELEVISING; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE. DATE. (BID # 2270 - SANITARY SEWER SERVICE CLEANING AND TELEVISING AWARDED TO NEZAT AND ASSOCIATES IN THE NOT TO EXCEED AMOUNT OF $75,000.00 YEAR WHEREAS, the City has solicited, received and tabulated competitive bidz for qu purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein: NOW. THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. 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 NUMfr ER in_ VENDOR ANJOUN 2270 ALL NEZAT & ASSOCIATES EXHIBIT "A" SECTION It. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials. equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Imitations, Bid Proposals, and related documents, f k . SECTION 111. That should the City and persons submitting approved and accepted items and of the submitted bids swish to enter Into a formal written agreement as a result of the acceptance, O ` approval, and awarding of the bids, the City Manager or his designated representative is hereby authoritcd 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 ! speei fled sums contained in the Bid Proposal and related documents herein approved and accepted. 4 y a p• [ 1 I . w..r ntwr6lil:-ralSr7ra V'~,.r. 5,. r_."... _ r SECTION IV. That by the acceptance and approval of th, above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of 11998. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY i BY: 1270 SUPPLY. ORDINANCE. i 1 tly r i '1 BV 1 v X, 10 32XIO " v' . O y i TABULATION SHEET EXHIBIT "A" 'y I slot 2270 Naa16 Assoc. BID NAME Sanitary Bawer Service Cleaning and Televleing DATE 346 0-96 DESCRIPTION VENDOR / INEAR . 1 2 000 to 10 000 Instruct, advise and esslat City $4.00 f ft Wastewater Collecti on personnel In '10,0011 to 20,000 ele aning l tetvevleing of selecting 1.00 f n sections of large diameter Sanitary Sewer 20,0011 to 30,000 Una (11" or larger) located In various $3.001 R parts of Of c4ty. 30,0011 to 40,000 13.001 ft t 40,001 S, 1100 f ft i i r E• ,11 , 0 11/x{1, .I(►~/J~♦y~ , r11N YI ~~':N'r~. s 0 Ageiida No Agenda Item-----/L4 AGENDA INFORMATION SHEET AGENDA DATE: October 6, 1998 Questions concerning this acquisition may be directed DEPARTMENT: Finance - Purchasing to Howard Martin 349-7194 ACM: Kathy DUBase. 349-8228 SUBJECT AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR SOLID WASTE ANALYTICAL T' STING: PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE,, AND PROVIDING AN EFFECTIVE DATE, (BID k 1271 - SOLID WASTE ANALYTICAL TESTING A%vARDED TO CERTES ENVIRONMENTAL LABORATORIES IN THE FSTiMATED ANNUAL AMOUNT OF S25,000.00). BACKGROUND ` The TNRCC Municipal Solid Waste Permit extended to the City of Denton requires analysis of ground water monitoring well samples at the Municipal Landfill, In addition this contract will also coyer testing of biosolids samples in compliance with the EPA and TNRCC discharge permit requirements for the WasteRatcr'Treatment Facility. LUDIATED SCHEDULE OF PROJECT The contract terms, conditions and prices will remain to effect for one year from date of award and may be extended for additional one year time periods, i FISCAL INFORMATION Funds for this required testing are a%ailablc in 1998-99 Fiscal Year Budget Account 4 625.082.0483.8502. 1111) INFQj %I,WVN ' This bid is for an annual price agrccmcnt for a certified laboratory to perform specified O testing for compliance \kith TNRCC and EPA rcquimments. The test Rill be performed O • ou an as need basis under the direction of the Municipal Laboratory Staff. t We recommend award to the lo%%est bidder. Certes Environmental Laboratories. 1 1 O . r AGENDA INFORMATION SHEET OCTOBER 6, 1998 ,I PAGE 2 OF 2 Respectfully submitted: c y ' Tot~ amShaw, C,P.M., 349.7100 Title: Purchasing Agent ~r Attachment Al: Tabulation Sheet I 1113. AGENDA .ti i r i i r i i d r: i i , F ~ I " 2 ` u " I ' , I, l e 0 A ' TABULATION SHEET BID N 2271 CERTE9 ERMI ETTL ANACHEM TALEM MAXIM 810 NAME ANNUAL SOLID WASTE ANALYTICAL TESTING ENGINEERS INC TECH. INC PAGE I OF 4 DATE 3-Sop-98 1 CITY OESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR 1. METALS 1 100 CADMIUM DLI.O UOIL $10.80 813,00 617.50 $9.25 $500 _ $12.00 2 100 CHROMIUM OL 10,0 UGIL 8600 36.50 $11.00 $8.00 35.00 $800 3 100 COPPER OL 10 D UGIL $6A0 $6,50 $1050 $8.00 18.00 1100 1 4 100 LEAD DL 10 O IU011 810.80 $6.80 $11.50 $9.25 $5.00 612.00 S 100 MERCURY DL 2.0 UOfI $6.00 $15,93 $28.00 $1380 $14,00 320.00 8 100 NICKEL DL 10,0 1.1014 6600 86.60 111 50 $1,00 614.00 10.00 7 100 SILVER DL 1.0 UOIL 61010 $13,00 $1100 $9.25 _ 11400 $17.00 . UGfI $1080 6650 S10,50 11.00 111.00 68.00 8 100 ZINC DL 5 0; 9 100 TIN $6,00 6650 610.50 $8.00 $14.00 $8.00 10 100 SELENIUM DL 20.6 UGIL $10,80 6850 $17.50 1925 314.00 f12.0A 1 11 100 BERYLIUM DL 3.0 UW $6,00 $1.00 $11.54 6825 11400 $1,00 u 12 100 BORON DL 1000 UOIL $8.00 $6.50 61000 $1.00 614.00 $8,00 !13 _ 100 ---BARIUM DL 20,0 UOIL $6.00 $6.80 SHAD $8.00 614.00 $1.00 14 100 ARSENIC DL 10.0 UG1MO 60 6`1100 $1750 $9.25 $14.00 l12,00 15 100 SILICON $B,12 $6,50 61050 61.00 $14.00 68,00 IB 1D0 CALCIUM 38.00 $6,50 $10,50 $8,00 11400 $$Do f7 100 POTASSIUM 1600 $6.80 $10.50 $6.00 611,00 $6.00 _ 11 4 CHROME (HEXAVALENT METHOD SM3500 616.20 613.00 $21.00 -Soso ,127.00 135.00 ii 19 100 _ ANTIMONEYOL2,5 UOI $10.80 613,00 111.50 $9.28 $500 112.00 70 100 THALLIUM DL 1.0 UGII 61010 6100 111.80 1200 $5,00 612 00 e 21 100 ALUMINUM DL 50.0 UGI 6,00 58,50 $10,50 $8.00 85.00 $1.00 t 22 100 MOLYBDENUM DL 50 0 (MOIL) $8.00 $6.60 $10.50 Son $5.00 $1.00 E2 100 MAGNESIUM 600 16.50 $10,80 61.00 15.00 $1.00 100 SODIUM S/,00 $6.50 610.50 $6.00 $5.00 $1.00 100 IRON DL 10.0 UGfI 36.00 $8.80 $10.10 $8.00 600_ 86.00 100 MANGANESE DLIUOIL 1600 61.10 11050 6$.00 3.00 T $1 32 x MOEN ;:mrnrxw • O E -vat M BID 6 2271 CERTES ERMI ETTL FANACCHEM TALEM MAXIM BID NAME ANNUAL SOLID WASTE ANALYTICAL TESTING ENGINE£R9 TECH. INC k PACE 2 OF 4 DATE ]•So 96 9 QTY DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR 9. MISCELLANEOUS 27 100 LEAD I1 UGILI DETECTION LIMIT $10,60 $13.00 $17.50 112,00 63.00 (1100 26 4 CYANIDE $2220 $19.63 12240 :79.20 $1100 $2500 29 10 BIOCHEMICAL OXYGEN OEMANU $16,20 $16.53 121.00 126.0: $12,00 130,00 30 10 CHEMICAL OXYGEN DEMAND 1111,00 $11,36 $16660 627.20 512,00 $1600 31 10 OIL AND GREASE $2400 $1926 $24.60 $36.40 615.50 140.00 3? 2 TOTAL SUSPSENDED SOLIDS 1900 ,$1.46 110,50 $16.60 $6.00 $12.00 33 S GROSSALPHA 14500 $30600 1100.00 $22.60 _ $36,00 NIA 34 S GROSS BETA 945.00 $30.00 6100.00 122.60 i36.o0 NIA 35 S AMMONIANITROG£N $10.20 111.36 $16.10 121.60 19.00 $20.00 PLEASE INDICATE GROUP COST FOR: - 36 100 Table 1 VOC conatiluonis 30 TAC 3]0.241 1115,00 194.25 $157,50 _ 1119.20 $9500 $120,00 foe altachmonl 11 EPA method 62110$ _ Praclical Quanlllation Llmlte POL es established b TOH in TNRCC GWSAP 5+94 PLEASE INDICATE GROUP COST FOR THE _ d FOLLOWING ALL COMPOUNDS IN THE EPA APPROVED METHOD ARE TO BE 371 Puraoobto Hafocarboni -EPA method 601 $6000 $61,25 $96,00 11%20 $50.00 NIA _ 36 1 _ _~Purpaabte aromot ca• EPA m thod 602 MAC $71.50 196.00 $119,20 $50.00 NIA J9 _ 5 Phonoll -EPA method 604 672.00 1104,00_ 6140,00 $200,00 160.00 NIA $110,60 165.00 NIA 4J 1 Or anochlorlne uticldoe and PCB'a EPA $93.00 $91.50 $32500 molhod 608, EPA method 1651, method $I? 41 1 nucieararomatic h drocarbona•EPAmotho $61.00 $104,00 $140,00 $104,00 160.00 NIA 42 1 Chlorinated hydrocarbons-EPA molhod 612 $60400 1104,00 $96,00 $119,20 $60.00 NfA 43 1 Pur eable£PAmolhod6l 110.00 1104.00 196.00 1119.20 $100.00 6125.00 44 7 ue"~6a~a'nruual,arldt~tncuhle~l-EPAmelhod $210,00 6213,00 121000 3200.00 $250.00 630000 41 2 lnvrndu1)10put121prlorU)IconTabte11111 11,200.00 1484,75 (1665.00 $221375 11,137900 NIA 32 x r r ~ e 1 0 V 1 X ~~{e BID III 2271 CERTES ERMI ETTL ANACHEM TABEM MAXIM HID NAME ANNUAL SOLID WASTE ANALYTICAL TESTING ENGINEER3 INC TECH.INC PAGE 3 OF 4 OAT F 1•Sep•g 6 QTY DESCRIPTION VENDOR NDOR VENDOR VENDOR VENDOR VCNOOR VE 46 1 Total Petroleum hydrocarbons EPA 4181 $30.00 $16.25 $42.00 $21.00 $28.00 $10.00 47 1 Total STEX analysis $50,00 $32.60 $60,00 $46,00 $30.00 (125.00 Banaxane • FPA method 624 DL 0.01 M91. th t6on:ene • EPA method 624 DL 0.005 m Toluene-EPA method 624: UL 0.005 m 1L X lene• EPA method $020 DL 0.5 m IL 48 1 lalile organic compounds-EPA method 624,1 $75,00 $93.25 $151.50 3119,20 $125.00 S125.00 _ 19 1 nl•1'oletile or anic camDOUnJ-F.PA m_ t,hod 625, 1 5210.00 $213,00 $280.00 $200,00 $225.00 $30000 SO 1 Icily characteristic leaching pry +'u e, votali semivolatilas setlhorDand awtals $558.00 $532,68 $56.00 $145.80 $500.00 5912.00 10 CFR PART 122 APPENDIX 0 51 4 TABLE it 3513.00 11464.75 :535.50 $480.00 113TS.00 $125.00 52 5 BILE III WAJTEWATERJ(GLLISTEOIN ITEMSI $128.00 5136,50 5230.00 11192.75, $125.00 8268.50 51 6 TABLE III SLUDGE 5126.00 $147.22 $230,00 1192.73 6125.00 $268.50 54 1 TABLE IV $240,00 $348.60 $685.00 5605.60 $233,00 8750.00 ~ 55 1 _ TABLE V 11400.00 _ $612,50 $665.00 s1,561.00 f8TS.00 NIA I 0 56 1 REACTIVITY $42,00 113250 $5930 $58.80 336.00 $60.00 _ 57 100 GROUP A-MONITORING WELLS QUARTERLY $60.00 $99.76 $58.50 $208.00 1182,00 $11360 58 { 12___~_ OUP 8•SIf( TIME PER VF! SLUDGE 6 COMPO $144.60 $166.91 $242,90 f18T.20 (111.00 $250.10 59 _111 32 GROUP C• AMMONIANITRO.EN 155.00 3154.38 $182,00 $172.00 8111,00 $201.60 50 8 SOIL ANALYSIS FOR PCB'S (MG1Kr3 53900 148.73 $84 00 592.80 _ 332.00 1175.00 J 0 61 2 SLUDGE ANALYSIS FOR PCB-5 (MGIKG 539.00 548.73 $8400 $92.80 _ $32,00 $73.00 PROVIDE PICKUP SERVICE FOR SAMPLES STS 00 NONE YES 62 5 LEASE QUOTE ADDIMNAL COST AFTER M 50;5 100% 100% 40% 100% k., r EEI 1 83 S ASE QUOTE 1DITIONAL COST FOR EMERGE 50% 100% 200% 40% 1DO% 64 2S PLEASE QUOTE PRICE SHIP'PING SAMPLES NA 0 NA NA 5135.00 41 % I t~ 1 r BID 0 2271 CERTES ERMI ETTL ANACHEM TALEM MAXIM BID NAME ANNUAL SOLID WASTE ANALYTICAL TESTING ENGINEERS INC TECH. INC PAGE 4 Of 4 DATE 3-Se AS A OTY DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR Please Indicate processing Um* under normal 10 Days S-7 working 10 working 14 Days 14.21 Days e conditions in calendar da days days ease Indlcab processing lima for emergency 24 Inorganic Depends on 16.24or sole Ma sa 24-46 MRS hire 24 hrs sro Anasfs 24 any analysis quoted in this bid be subcontra YES s or no YES Gross At a YES 10% YES YES lease quota discount off individual parameter Off d in Table N and Table V 40Cf R Part 122 None Nom Please slate any addltlonsl cost Involved with None Sea bid No yet analysis of heavy metals or orpanlc pollution not listed in this bid: Yee yes m Shipping f .r i i i • Ir , lay 7. i x f❑ 32XIO o ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN E VNUAL CONTRACT FOR SOLID WASTE ANALYTICAL TESTING; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID ' q 2271 - SOLID WASTE ANALYTICAL TESTING AWARDED TO CERTES ENVIRONMENTAL LABORATORIES IN THE ESTIMATED ANNUAL AMOUNT OF S25,000.00), WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefare; 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 DEN-TON HEREBY ORDAINS: SECTION I. 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 NUMSER NO VENDOR AMOUNT 2271 ALL CERTESENVIROMENTAL EXII [BIT "A" LABORATORIES SE,:TION It. 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 pu chase the materials, equipment, supplies or services in accordance with the terms, speci ovations, standards, quantities and for the spccificd sums contained in the Bid lmitations, Bid Proposals, and related documents. SEC,TION 111111 That should the City and persons submitting approved and accepted items and of the submiflrd bids wish to enter into a formal written agreement as a result of the acceptance, C approval, and awaiAing of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms. conditions, specifications, standards, quantities and spccificd sums contained in the Bid Proposal and related documents herein approved and accepted. I 7 10 32XIO mom r Q , 1 t 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 authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of .1998. JACK MILLER. MAYOR i ATTEST: JENNIFER WALTERS, CITY SECRETARY Bti•: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY. CITY ATTORNEY 1 BY: 7211 SUPPLY. ORDINANCE. t s , r z ,l 1 8 " I, 3 - - szx10 o a EXHOIT'A' i BID A 2271 CERTES BID NAM ANNUAL SOLID WASTE ANALYTICAL TESTING DATE 3-Sep-98 I CITY DESCRIPTION VENDOR 1. METALS it 1 100 CADMIUM DLI.0 UGIL $10.60 2 100 CHROMIUM Ol 10.0 UGIL $6.00 3 100 COPPER OL 10.0 UGlL $6,00 4 100 LEAD DL 10.0 UGlL $10.80 5 100 MERCURY DL 2.0 UGIL $6.00 8 100 NICKEL DL 10.0 UGIL $6.00 7 100 SILVER DL 1.0 UGIL $1010 8 100 ZINC DL S.0 UGIL $10.60 9 100 TIN $C00 10 100 SELENIUM DL 20.0 UGIL $10.80 11 100 BERYLIUM DL 3.0 UGfL $6.00 12 100 BORON OL 100.0 UGIL $6.00 13 100 BARIUM DL 211.0 UGIL $6.00 14 100 ARSENIC OL 101 UGIL $10.60 15 100 SILICON $6.00 16 100 CALCIUM $6.00 17 100 POTASSIUM 56.00 18 4 CHROME HEXAVALEN METHOD SM3500 :18.20 19 100 ANTIMONEY DL 2.5 UGIL 51010 ` 20 100 THALLIUM DL 1.0 (UG1) 510.80 21 100 ALUMINUM DL 50.0 (UGIL) $6.00 22 100 MOLYBDENUM OL 50.0 (MGILI $8.00 23 100 MAGNESIUM 58.00 24 100 SODIUM $600 25 100 IRON DL 10.0 UGIL $6.00 26 100 MANGANESE DL 2 UGIL $6.00 II. MISCELLANEOUS 21 100 LEAD 1 UGIL DETECTION LIMIT $10.60 26 4 CYANIDE $22.20 29 10 BIOCHEMICAL OXYGEN DEMAND $1620 30 10 CHEMICAL OXYGEN DEMAND 515.00 31 10 OIL AND GREASE $24.00 32 2 TOTAL SUSPSENDED SOLIDS 59.00 33 S GROSS ALPHA $45.00 A 34 S GROSS BETA $45.00 35 5 AMMONIA NITROGEN $10,20 PLEASE INDICATE GROUP COST FOR: 36 100 Table 1 VOC constituents 30 TAC 330.241 $75.00 see attachment 1 EPA method II Practical Ovanntatlon Limits (POL) as established b TDH in TNRCC GWSAP 5194 PLEASE INDICATE GROUP COST FOR THE a FOLLOWING: ALL COMPOUNDS IN THE O EPA APPROVED METHOD ARE TO BE 37 1 Pur eabte Halocarbons -EPA method 601 $6000 38 1 Pur eable aromatics. EPA method 602 550.00 39 S Phenols - EPA method 604 $72,00 40 1 Or anochtorlne asticides and PCB's EPA $93.00 molhod 608 EPA method 1957, method 817 41 1 Pol nuclear aromatic hydrocarbons-EPA malho 610 $81.00 9 Ik 3 o BID A 2271 CERTES 81D NAM ANNUAL SOLID WASTE ANALYTICAL TE STING PATE 3-Sep-90 / CITY DESCRIPTION VENr1OR 42 1 Chlorinated hydrocarbons-EPA method 612 1180.00 E 43 1 Pur sable EPA method 61 $50.00 44 7 SVOC'a Baseloeutre acid trtractabin EPA metbod 625 $210.00 45 2 Appendix DO art 127 riarity scan Table 11.111 51,200.00 46 1 Total Petroleum hydrocarbons EPA 418.1 530.00 47 1 Total BTEX analysis $50.00 Benstens • EPA method 624• DL 0.01 vji Elh Ibentens • EPA method 824 OL 0.00: rngfL Toluene-EPA method 624: OL 0.005 m !L X lone- EPA method $020. DL 0.5 m P. 48 1 Volatile organic compounds-EPA method 6241624 $75.00 49 1 Semi-Volatile or anircompound-EPA mtthod62S 629,1425 $710.00 i 50 1 Toalcity cheractedstlc leeching procedure, volatlies, semlvolatllee post/herb and metals $558.00 40 CFR PART 122 APPENDIX 0 SS 4 TABLE II $513.00 52 8 TABLE IN ASTEWATER DLLISTEO IN ITEMSI.28 $126.00 53 8 TABLE 11! SLUDGE $126.00 54 1 TABLE IV $240.00 55 1 TABLE V $400.00 56 1 REACTIVITY $42.00 57 100 GROUPA-MONITORING WELLS QUARTERLY 680100 56 12 GROUP B.SIX TIME PER YR SLUDGE 6 COMPOST $14160 59 32 GROUP C• AMMONIA NITROGEN $55.00 60 8 SOIL ANALYSIS FOR PC B'S MGIKG $39.00 61 2 SLUDGE ANALYSIS FOR PCB'8 MGlKG $39.00 PROVIDE PICKUP SERVICE FOR SAMPLES 62 5 PLEASE QUOTE ADOITIONAL COST AFTER HRS SO'A 63 5 PLEASE QUOTE ADITIONAL COST FOR EMERGENCY SOX 84 25 PLEASE QUOTE PRICE SHIPPING SAMPLES NA Please Indicate process ingtime under normal 10 Days eondltlons In calendar days -IN Please Indlests processingtlms for emergency analysis 24 him . Will any analysis quoted In this bld be subcontracted yes or no YES Please quote discount off Individual parameters listed In Table IV and Table V 40CFR Part 122 A D None Pleas state any additional cost Involved with None analysis of heavy metals or organic pollutions • not Ilstad In this bid: Yes O • Shipping 10 t,'r5 „r it r~ x~ 3 Z x I a 0 Agenda Item//n__ ~ _ _ DateZop- AGENDA INFORMATION SHEET AGENDA DATE: October 6. 1998 Questions concerning this acquisition may be directed DEPARTMENT; Finance - Purchasing to Alex Pettit 349-8595 ACJt: Kathy DuBose, 349-8228 SUBJECT AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASE OF ANNUAL HARDWARE MAINTENANCE FOR SPECIFIC POLICE AND FIRE RELATED MIS COMPUTER SYSTEMS WHICH IS AVAILABLE. FROM ONLY ONE SOURCE IN ACCORDANCE WITH PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE. (PURCHASE ORDER # 87886 TO INTEGRATED COMPUTER SYSTEMS, INC, (ICS) IN THE AMOUNT OF $30,850.00). BACKGROUND This purchase order is for the annual hardware maintenance as outlined in the equipment maintenance addendum associated with RFSP #1738 Management Information Systems (NITS) approved in December of 1995. ESTIMATED SCHEDULE OF PROJECT Purchase Order # 87886 covers the time period of 10/l/97 to 913098. ElSCAL INFORNIATION Funds for this maintenance agreement are available in the 1997-98 fiscal year budget account# 100-044.0080-8341. PURCHASE ORDEpANFORMATION Purchase Order # 87886 to Integrated Computer Systems is for an annual hardware maintenance agreement on Mobile Data Unit (MDU) Computers. 'These computers are installed in police and fire vehicle, as pan of our Management Information System. (Mls). This is a sole source acquisition since ICS built the mobile computers and holds the opyright and patents for design of these uni's. c J~w r 1 I , 3 2 X I ❑ i i 0 i AGENDA INFORMATION SHEET OCTOBER 6, 1998 PAGE 2 OF 2 Respectfully submitted: Name: Tom Shaw, C.P.M., 349.7100 Title: Purchasing Agent Attachment 41: Purchase Order # 87886 to ICS Attachment t12: Equipment Maintenance Addendum Attachment N3: Invoice 4 1970 1106 AG BOA r . i i ~ I t' ti 2 25 10 32X10 . . , tO rya Y 1 i PURCHASE ORDER NO: 87886 THIS IS A XXX ie number must appear on ell CONFIRMING ORDER 7n o mvmces, delivery slips, cues, . (IF MARKED) ctns. boxes, picking slips and bills. CIO NOT DUPLICATE Req. No, Bid Na Data 09 14 98 Page No. 01 CITY OF DENTON TEXAS PURCHASING DIVISION 1 901-8 TEXAS 5TREEf I DENTIN, 1EXAS 76201-4354 9401349-7100 D/FW METRO 8171267-0042 FAX 9401349-7302 VENDOR INTEGRATED COMPUTER SYSTEMS w NAME1 1651 N. COLLINS BLVD. DELIVERY CONFIRMATION ONLY CIL r ' ADDRESS SUITE 0100 ADDRESS INFORMATION SERVICES RICHARDSON TX 75060-3639 601 E HICKORY DENTON, TX 76205 TOMMY GALBRAITH VENDOR NO, INT47100 DELIVERY OUOTEO 10 06 98 FOB DESTINATION BUYER TS TERMS LINE W r'~ ,1 ~'P. T8R hy~.`~ t ¢r g ~y, ~h, .d{{ P• 001 1.00 EA VENDOR CAT. 1 N / A MFO NAME 30,85(•.000 30,850.00 CITY 1 8300 HARDWARE MAINTENANCE AS OUTLINED IN EQUIPMENT MAINTENANCE ADDENDUM OF 1/1/96. ANNUAL MAINTENANCE 10/1/97 THRU 9/30/98 u P G£ TOTAL s 30,850.00 OR ND TOTAL s 30,850.00 ' 100 044 0000 8311 30,850.00 J~4 VENOM INSTOIU NS', I. 1er,n5 Net 30 u.....n«.....,.,u...t 1. Send M.;.AI Onemte MIA Aylicate cc" 4 SNppinf ,nserKlans. dol. Osstrehsn peps/ e.~..,..«.....,.s.ai 1 610 is Aaeunls Fallible 6. No Isderel M Oils odes W shall I. Onclu4od }li F Mi.Finney S4 in primes Idled-1 rson -IlueIC2I11 - 25X~~ 32x ❑ 0 ;n.ww,r Date: 2121196 ATr?f12 19T 1 2 EQDIPMEMT MAINTEKAIPCE ADDENDUM Pagel 05 2 r' 1651 .N. GRUa 8aukvard Stwa 1170 Aimardmm Teams 73M (1ld) 7M%W Fea: fiid1713-9d60 1111=0 : u' ' - ' DWALI ATION LOCATION CDDE v of Denton nrerttnn Police 1?eneruneni VL~l Texas Street 601 £ Ifiickom Suite E peniflp Texas 76201 nnnrnn T.C 7620S1,T,,.~ s=(91d7)267-(M7 Pax(~lil-1 •7302 Metro (117)414-2529 FnxfS17)383.7966 t 171:611ANDWAA7!MAWIENMIQADDQ.'DL1Me esvrM evo Med ba.~,lntgnW Crarr+Y 61m1ete ka..ImeMrt lellKCtllw Rlr4 idle l6e, NkAardean. Terre 736{6, berohe Mend roar 1(S; ad 7Le Cal el Deotm. tnrs nr yreopJ bnnoe x Deem CM7 N.6.713 E Mcgnrl. DMbR TaM 7e261 ! nrmnehe nlmmd n u IJCFNSTF N CL757Omm A. On 121 1 P2.lC5mdCVMNfTA turd eaua~r+t eeuJd'OS`fEMLTUtM3 AND CO'llDf2lON5' hemne Mend .Ihr R, fltmere a the A+nmee, u+eerpo,ued letu y rt(wr.+n fv 10 Nryor. ud ten rmr ad eadi+iml of ml Admdira Inch en m,ued on Nr n.att ode er dtrt orr. cu r Ines ve eel ICs for dte arr. htmFsdmile Wet for w ldloe.e l non: ~hlf rlM"Its Or1ClTfioa mnrr. eat ►i3 Novell M+rmr Inarfmae Ril BA I SFT II Gbk And GLIB Fill on 1 I00r4100r960d1 MM Bud nl Sa Milan And Cable all a enerSCSI one scinas AM So0ean all I Server I70 nIPS25MB mn And Seftww (wOrarm werfel all I 701ach Ram Cabins /Shale GI us Door all Mom ur. Knteard. oust e.wme S+ itch And Cable H 1 10Hue.T Imdb em Hob, 21 !4113 Pone 111 2 Oneear Ec aroma Send. And Cable 1 rwi I Dual VOA Adinter S Snenal Fwaion DCA Keyboard Li 7 1 DUO Fan Pnnt Server all 10 f D ue•Tlmeli mHub. 21 R741 Poro a Carer Derlnon ScOncor HA IB M PC. XT/AT ImWsu)(Ji In 1 KA Reealunen Viden loterfeu daeter H 1 SCSI7 In CD ROM ''aver /,SOB A I Canon 70 Camera and Ametlonee 317oem.IF24mm Las, dS H I Honmtttal ewluian ]lba. Goon .713 Dim t Vwm Nlmr, 276 out of 16M Colon 1 135' na70 tee per Mt ndedl Conwlut Son 57ARC 20 Nawo* enuo lkr and I Sofromin Llmne(te7 teem) w Statwn Commile ■ 96M Hand Telm Modem, an C• 0. eedaa CaU •to-mehm v noel B/l Du plaut td Coded) Modw-SP Modem ruin u9600bad in Im Mobile Wio B foe terrace We (10 modemto-teem all RIC•S lmerfma able 110 edam-t i 1 MDC DakMCL 416D)Q66 Uri I Remou 1,44E Di dent II I 16h Oman See damn 10 ue• CO PC'MCU Adamr fi0lem aril dve Stan Color ICD Tomb Samoan Momtor wesm rel Maunt all I Curd Ruder 9 , LCD Comre Per an I t LCD EAemly n GR~6 '0 Ft. In I I 1:13 I'M 9$~7 CON 4 . I,aK ts'wfar~ea}~~yRleS??~t + s'',e f) F -1 t~ C I J voll 4 rtJCloaf , 0 • Vol 1 2uzj /Ow. AZA/ krvrue.' 1",, 5:n. ..:.r. r 2 of i 171tl 7F LAAlrr iu, •a. itLE TO f _ NAI AIJ.t Slu~t.t ICA7111~ I q>III' I ' I I I liA ryhnAra'n05llAltpll'AAlAW]9tA'A,\S,Y,AWt;\:'d'R..ly.,r'wnu c. reu:naq gn•wv:cwcnxn.wnlmwn♦ fw 41 er MnrOn Y fn RIAmtl 1W f Alb A IYeen r yrnrpl Ff IM un r: rv. . m.4:e . fn n.:fr 1i. iT u.♦ ur.. YAa+w Ym. Atr~rrreLL mer^YmN Aorm F. hlrraw. Ln I..AL.v nA r , YMw r,v q.n.r: I\••r•, y'•iY AA4u:mi.nr Ly..:rY.Pn.... L./ d CM1 M1lr, W -i i4.fn nn I+ n.uyl uMlr Wr` .i wur:n r lf• 1f ~Ih.I Mi .tr IV:VtIRN. ~ •rn,yn . l r~u 1r I T•M I oft ,T.r brr onnec[o Box Dr 711 Ext. ab e r 8 1 I 11 I I I r I 1 ~ l I I v I 1 1 I ~ I I I I r I 4 I I I f I I_ I I I I I I I I r I I I I I I FMMIlLI' LCG-rOTa~ I.Crf.-,n. Rr I I I K! L'rfl tlr NOMIIti ftla.TtfTAli I lrrTA"M ►T I + IAIL TAr I I {cel+e.r.rrolea IA, DATA Ca.11A: MIO [r NV+1rIAC't'{i1 I f (rll.,tl :YM Idn.llq w.l~flur u - f •a.nlLrrmAl I t CYtwnuW rutwnlwrwFr >*.w1 Af ICfGH F I , LRA17iRXf AnL :O\D1T70\f tfY AA ryAIlMAL wl IGRDU ARE MA!\IUA•\'Q ACJ. ~L ACCEPTED DY: CL'STOtffxNMff Ci[Y De [+GCLhTLDDt: SICAfiAMM I" -C kAIEDCCN!PL 4SYSTEw Iv'C r !!Ch'A rL'RL ``e 'T.',_ 1 Y Manager r... l~M _Y 7ATi< 1-31-76 I I si. S r 32 x 4 . moms" L , I • I I ' i ATTACHIGtY 13 Invoice - INVOICE NO. 11970 Integrated Computer Systems, Inc. DATE IOIU97 1631 A. Collins Blvd, Suite 100 I Richardson, TX 75080-3639 (972) 783-9400 Fax: (972) 783."60 BILL TO SHIP TO City of Denton City of Denton Accounts Payable Accm= Payable 213 F. McKinney Street 213 E. McKinney Street Denton. Texas 70014299 Denton, Texan 76201-4299 P.O. NO. TERMS DUE DATE SHIP DATE SHIP VIA FOG Net 30 1017 t/97 10/1x97 ITEM DESCRIPTION CITY RATE AMOUNT Maint-LE•A t1-M42M Mpigt-ri is oudincd in Equipment l 30,850,00 70,850.00 Maiatenanee Addendum 10 i ~ i I a,. Total 530,430.00 i Y f i pawn" AM7971 ORDINANCE NO. J AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR 1 ?URCHASE OF AN'OJAL HARDWARE MAINTENANCE :'OR SPECIFIC POLICE AND FIRE RELATED MIS COMPUTER SYSTEMS WHICH IS AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH PROVISIONS OF STATE LAW EXEMPTING: SUCH PURCHASES >:ROM REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE. (PURCHASE ORDER 0 87886 TO INTEGFLATED COMPUTER SYSTEMS, INC. (ICS) IN THE AMOUNT OF $30.850.00). 'AliERFAS Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source b.cause of patents, copyrights, secret processes or natural ✓ monopolies; films, manuscripis or books; electricity, gas, water anti other utility r purchases; ca)tive replacement parts or c( npoaents for equipment; and library materials for a public literary that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, TI?'REFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the following pur.hase of materials, equipment or supplies, as described in the "Purchase O, ders" attached hereto, are hereby approve, , PURCHASE OR~)~ NUMHF$ VENDOR AMOUNT • 87886 Integrated Computer Systems $30,1150.00 1 SECTION 11. That the acceptance and approval of the above items shall not constitute a contract between i0e City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing . Department. • ! O • SECTION 111. That the City Manager is hereby authorized to execute any I Conti acts relating to the items spe-ifted in Section I and the expenditure of funds pursuant to said contracts is hereby authorized. 7 a` 5x 32X 10 o , r SECTION IV. That this ordinance shall become effective immedi?rely upon its passage and approval. PASSED AND APPROVED this the day of 1999. JACK MILLER, MAYOR ATTEST: ~JENNIFER WAITERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM; HERBERT L. PROUTY, CITY ATTORNEY BY: 81886-SOLE SOURCE • ~ t a i 8 1 1 F ` I i A awls" to ti I Agenda No Agenda Item//. ,I aIe_...._!~ AGENDA INFORMATION SHEET - AGENDA DATE: October 6, 1998 Questions concerning this acquisition maybe directed DEPARTMENT: Finarce - Purchasing to Alex Pettit 349-8595 ACNI: Kathy DuBose, 349-8228 SUBJECT AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF CISCO SMART NET SOFTWARE AND ACCESSORIES AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION, QUALIFIED INFORMATION SERVICES VENDOR (QISV) CATALOGUE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDNG AN EFFECTIVE DATE, (PURCHASE ORDER k 87889 TO NTCS, INC. IN THE AMOUNT OF 524,510.00). BACKGROUND I This acquisition is for the annual maintenance of the City of Denton CISCO Smartnet Software. This software is the basis for all City of Denton net.vorking from building to building, server to server, and desktop to desktop, ESTJMATED SCHEDULE OE PIROJECT This is an annual maintenance cost and will cover a time period from October 1, 1998 through September 30, 1999. FISCAL KNEOMIATION The funding for this maintenance service is available in the 1997.98 budget account - number 100-044-0080.8341. ! PURCHASE ORDER INFORMATION . This purchase order is for the annual maintenance of our CISCO Smartnet Software. It includes implementation assistance, trouble-shooting, hotline assistance rnd any 0 • enhancements to the softy are that may be released. i , I f 25 XI. 4.7 32^ILJ r w, s 0 r I , AGENDA INFORMATION SHEET OCTOBER 6, 1998 PAGE 2 OF 2 PURCHASE ORDER INFORMATION WON'T) NTCS, Inc. set up the initial installation of our networking software and are very qualified to perform the required service. The annual rate is established by the State of Texas Qualified Information Services Vendor (Q1SV) catalogue. Respectfully submitted: ,f Name: Tom Shaw, C.P.M., 349.7100 Title: Purchasing Agent i Attachment #1: Purchase Order # 87889 to NTCS, Inc. Attachment #1; Quote from NTCS, Inc, Attachment #3: QISV Certification 1101. AGENDA l . ~r 1 f A 1 ty, t" 1•.ir l32 x Qr s , 0 " i } i PURCHASE ORDER NO: 87889 THIS IS A The r mbar must appear on all CONFIRMING ORDER invoices, deli srit sups, cases, 0 MARKE01 - - Uns, boxes, packing slops and bolts. . DO NOT DUPLICATE Rep No. Bid No, Date: 09 15 98 Page No. O1 CITY OF DENTON TEXAS PURCHASING DIVISION / 901-8 TEXAS STREE{ I DENTON. TEXAS 76201-4354 H+ VENDOR NTC9 - STAR BANK OF TEXAS 940/349-7100 OIFW METRO 817867-0042 FAX 9401349-7302 , NAME/ NTCS, INC. (DENTON) DELIVERY CENTRAL RECEIVING 911 ADDRESS 3791 1-35 NORTH SMITE 126 ADDRESS INFORMATION SERVICES DENTON TX 76207 901 B TEXAS ST DENTON, TX 76201 STEVE MEEK/DAVID JOHNSON VENDOR NO, NTC49100 DELIVERY QUOTED 09 20 98 FOB DESTINATION BUYER TS TERMS ENE' d x~ , y r q w p A 001 2.00 EA VENDOR CAT. / N / A MFG NAME 51000.000 10,000.00 CITY 1 8300 CISCO SMARTNET FOR CATALYST 5500-CON BHT PK016 002 3.00 EA VENDOR CAT. F N / A MFG NAME 2,200.000 6,600.00 CITY t 8300 CISCO SMARTNET FOR CATALYST 5000 CON BHT PK013 tr+~, 003 1.00 EA VENDOR CAT. 1 N / A MFG NAME 1,600.000 1,600.00 CITY ! 13300 • CISCO SMARTNET FOR CISCOWORKS FOR SWITCHED INTERNETWORKS CON SNT PK012 004 1.00 EA VENDOR CAT. # N / A MFG NAME 1,375.000 1,375.00 CITY / 8300 CISCO SMARTNET FOF CISCO 4700 CON BHT PXO11 P OE TOTAL It 19,575.00 u VlNbOA INSTAIICfiONS: 3. Terms , Net 10 r"'•^ w•+.,I 1 srn4 660iftal nmrte with 4upliCats COPY4 Shipping eolrwdiae IDA N-slnelen prepairl .x.,,.,. .r. n.,l 2 gdl to Arrow$ Fsv&le S Nu Icdcral or sloe sdel u. Mdl ke I.... hold _ 215 L M, '4 51 Iu wnrf killyd . _Piai ha Hilt ~,iui.irdi A:ti x I02X1n 4) , o ' I i _ I PURCHASE ORDER NO: 87089 THIS IS A Ir,i? number or rsr appear on all CONFIRMING ORDER invokes, delwery slips, costs, OF MARIZ - ciris, boxes, packing slips and bills. . DO NOT DUPLICATE Ai No Bid No. Dore, 09 15 98 Page No 02 ITY PURCHASING DIVISION 1 9001 9 1EEAST~~f C*NTO~rN. 1EXAS 76201-4354 41 { 940049-7100 OlFVV Mill 817/267-0042 FAX 94 0134 9-7 302 VENDOR NTCS - STAR BANK OF TEXAS NAME/ NTCS, INC. (DENTON) DELIVERY CENTRAL RECEIVING S11 ADDRESS 3791 1-35 NORTH SUITE 126 ADDRESS INFORNATION SERVICES DENTON TX 76207 901 8 TEXAS ST DENTON, TX 76201 STEVE MEEK/DAVID JOHNSON VENDOR N0. NTC49100 DELIVERY QUOTED 09 '0 98 FOB DESTINATION BUYER TS TERMS j LINE 00A I T 005 1.00 EA VENDOR CAT. I N / A MFG NAME 1,I0D.000 1,100.OU CITY 1 8300 CISCO SMARTNET FOR CISCO 3640 CON BMT PKG1O 006 1.00 EA VENDOR CAT. I N / A MFG MANE 85U ODD 850.00 CITY 1 8300 - CISCO SO%,4TMET FOR CATALYST 4000 COX SXT P909 ' 007 2.00 EA VENDOR CAT. I N / A MFO NAME 185.000 370.00 CITY 18300 CISCO SMARTNET FOR CATALYST 2?24XL CON BHT PKG3 008 3.00 EA VENDOR CAT. I N / A MFG MANE 185.000 555.00 CITY 18300 CISCO SMARTNET FOR FASTHUB 316T CON SNT PKG3 P OE TOTAL s 2,875.0(1 A . VINDOR INS11111004 1. Forms - Nei 30 e'^~•,• - _ I S,nd original mvime wile Iaplicals cagy i 4. SAippint rnsvacbans p01 Oe$lloi drepud o.N.. .m.,.... .,.,a.il 2 Ail Is . A-ssunla Payable 4 NO ledc,sl Of here s.fu Iar SMII ke MiUJdud IIS F Mi,Yimey SI in wiees oiled -i•iirlu,niq inrslrar x ~.s 25 10 32x10 s 3.r~ee 0 1 I PURCHASE ORDER Ni 87889 THIS IS A 1ms n ba, musl appear on an CONFIRMING ORDER nvaces, dehvuy skips, cases, I. flF MARKED} clns, boxes, puking slips VW billt DO NOT DUPLICATE - Req No: Bid No. Daly. 09 15 98 Pepe No. 03 "CHASM UV1'ION 11 9001 OF DF~ SONf 1~NTOR TEXAS 78201-4354 910,'319-7100 CIPW METRO 817%257-0042 FAX 9401349-7302 VENDOR NTC9 - STAR BANK OF TEXAS ! NAME/ NTCS, INC. IDENTOXI DELIVERY CENTRAL RECEIVING 811 ADDRESS 3791 I-35 NORTH SUITE 120, ADDRESS INFORMATION SERVICES DENTON TA 76201 901 B TEXAS ST DENTON, TX 76201 STEVE NEEX/DAVID JOHNSON VENDOR 140. NTC49100 DELIVERY OUOTED 09 20 98 FOB DESTINATION BUYER T8 TERMS INE ~~re<. r r~,, ; ,•v a a ro „t I 009 10.00 EA VENDOR CAT. 1 N / A MFG MAKE 135.000 1,350.0 CITY 1 8900 CISCO SNARTNBT FOR CATALYST 1900 CON SOT PK02 DID 4.00 EA VENDOR CAT. Y N / A MFG NAME 135.000 540.00 CITY 1 8300 CISCO ENARTMET FOR CISCO 1004 COX SKY PK02 r I 011 2.00 EA VENDOR CAT. I N / A MFG KANE 85.000 170.0 • CITY 1 6700 CISCO BNARTNET FOR CISCO 1516K CON ENT PKG1 , 00 P OE TOTAL 2x060.00 s J 100 044 OD80 8341 24,510.00 ORND TOTAL 24,510. t ANDA INS1NUUaNS: 1 Terms Nei 10 e.+• , • • w+I 1 lees/ erlplnA mvmes wiM tmetis easy 1 . SbIpyrnF ail RULIONS F O B Belli"lice yreyr/ 0.4» Mn„n .s.,,.q 1 Bill to • 14µoanb 11i I Ne feleld er 11.1e Wt$ Ili Mv11 Ye InJnd./ 21F ( M+ymn.Y SI m nr dlel - _ _r.__. v+ N s 0 City of Denton ~..P Cisco Smartnet Proposal by Troy De Tuomey NTCS Inc ►ACin 0M Apf 161 !tom deb 141 to." CISCO SMARTSICT 1 YLVI MANITENANC6 PROPOSAL 1.1119111 Price 0 P1ko I 7 CMee Snta'trnt fur Cet*016600. CON.SNYJRO to IGtgay fQ 16,000 110,000 Coven as Components M box 2 CMes 6m"o, it, cots if 6000 . c"mrPR012 (Call ISI 12,200 111,1500 Coven All Wloments m bps 1 CMCO Smarfnat For Moo Ww►1 for swkeM/ Mfr"tworlo • CON•sN►JSO F2 'ColaOwy 12! 11,600 11,600 eave's 11 COrnponantl N boa I Moo smrbul Iw OYepa 4700. CONSNRP20f 1 lCetsowy I to 11,176 11,275 Covers all COMPOnlnll in boo 1 C640 Smamel for CMea 5610 . COMsNPATO r0 tCanlary 101 11.100 11,100 t Cavan ep COMPOnlnts M box y 1 CMeo 4'et"M fw Catalyse 1000 • CON.1Nr.PSOI lColul a) 11130 1110 r Coven Ill Cemponmts In boo 2 Wee 6m"of to Colrlyaf 2!71X1 • CON&1NRP602 lCaMOary 2/ -AlOMI rear Coven oil Co 111! 1070 mponent/ In box i 7 CMee 6mMnat lw foWrl Star. COMSNrIR02 lCen6ery X 1116 1ss$ ' Coven 14 Component) In bog 10 Ch" Smraa rw Cane"01 I►00 • C10N•07•I01,02 !Copal 21 1125 s t.310 Coven all Components In tax 4 asp Sm40vn fw Chao 1001 • C4N4N?.Plr02 /Cerpary 2/ 4125 I540 "nn 04 COmPOnen11 0 but 2 CMea SrllarYrel MW CMCO IT IM COALRNr.PROf/Ceepry 11 115 1170 e0van am CompOnn11 in bex r 6MARTNf1 MAlNTENANC6 PROPOSAL TOTAL U11~0 ' Its ifO , t IIi``E III ' r EE : MCs, 'M 31. Int. 620 WMI /vet It,, Iv,n 701 o10wl 111x 621 171 . b OemM. 1x 71707 f41 W Nn. 7x 71107 1 1174170111 111111 Ilto sax lit H41117 /AS !1'•161 1317 ^7 11 F ~'~1~ 2 T7 i. 32X10; 1 I 0 38011-33 North, Suit* 126 Denton,rexos 76207 940, 38 7.0122 METRO 972404.2633 FAX 940.383.1352 August 19, 1998 ' I Jim Avery City of Denton • Information Systems 601 E Hickory Denton, TS "16205 Dear Mr. Avery: % Per our discussion, I am sending you this letter to inform you that the computer systems on the attached proposal have been submitted to cur State of Texas Qualified Information SeMcea Vendor (QISV) Catalog. If you need any other information, please do not hesitate to call. Sincerely, pp CLv'u9 David Johnson, NTCS, Inc Cc Tom Shaw, Purchasing ie ''r 1 737 w, fm r>•. at Su tip 301 fort worth, t4a0616102 oil 335,1350 FoXat7a35J350 I p ♦ I rte. 0 » I i I ORDINANCE NO, AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE: OF CISCO SMART'NE'r SOFTWARE AND ACCESSORIES AS AWARDED BY THE STATE OF TEXAS GENERAL I SERVICES COMMISFiON, QUALIFIED INFORMATION SERVICES VENDOR (QISV) CATALOGUE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE: AND PROVIDING AN EFFECTIVE DATE. (PURCHASE ORDER 9 87889 TO NTCS, INC. IN THE AMOUNT OF $24,510.00). f WHEREAS, pursuant ;o 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 of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies or services can be purchased by the City through the General Services Commission programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered purchase order for materials, equipment, supplies, or services, shown in the "Purchase Or&s" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: PURCHASE ORDER VENDOR AMOUNT ! 87889 NTCS, INC. $ 24,510,00 SECTION IL That by the acceptarec and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons submitting the bids to the General Services Commission for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the tams, conditions, specifications, standards, quantities and for the specified sums contained in th-, bid documents and related documents filed with the O ! Gen eral Services Commission, and the purchase orders is sued by the City. JIV, e ,.10 32 XIrJ • sweets i I i SECTION 111. 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 ratificition 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 uttached hereto; provided that the written contract is in aco),-lance with the terms, conditions, specifications and standards contained in the Proposal submitea to the General Senices Commission, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SY T1ON IV. That by the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved purchase orders or pursuant to a Nritten contract made pursuant thtsreto as authorized herein. SECTIQ,N V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of 1998. JACK MILLER, MAYOR ATTEST: JENNIFER WAITERS, CITY SECRETARY , APPROVED AS TO LEGAL FOP NI; HERBERT L. PROUTY, CITY ATTORNEY BY: 87889 PO STATE ORDINANCE 9 32XI❑ I -M 0 Apenda tm.__A-0.35 Agenda !tern / Date` AGENDA INFORMATION SHEET I y AGENDA DATE: October 6, 1998 Questions concerning this acquisition may be directed DEPARTMENT: Finance - Purchasing to Alex Pettit 349.8595 Sharon Mays 349.8487 ACAI: Kathy DuBose, 349-8228 SUBJECT AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF OFFICE FURNITURE AND ACCESSORIES AS AWARDED BY THE STATE OF TEAS GENERAL SERVICES COMMISSION; PROVtDIN'G FOR THE EXPENDITURE OF FEEDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (PURCHASE j ORDER is 83137 TO WRIGHT LINE IN THE AMOUNT OF $12,388.80 AND V PURCHASE ORDER k 88138 TO WRIGHT LINE IN THE AMOUNT OF $6.514.49 TOTAL AWARD 518.903.29). BACKGROUND The acquisition of this furniture is intended to upgrade the work areas in Information Service Division in City Hall East and the work area in the Communications Division 4t the Sen ice Center. ESTIMATED f j The estimated delivery of the furniture has been quoted to be 2.4 weeks after receipt of the purchase order or approximately mid November. 0 FISCAI. INFOUTATION , The purchase of furniture listed witi be funded from two sources of 1997.98 budgrt funds. Purchase Ordrr N 88117 for Information Sen-ice 100-044.0080-9102 $12,388,80 Purchase Ordcr # 88138 for Communications 760-160-0160.9132 S 6,514.49 i 1 1 ; i 32 ZEN& r tD 'i 1 I1 , ACENDA INFORMATION SHEET OCTOBER 6, 1996 PAGE 2 OF 2 PURCHASE ORDER jNFORAIA-TjQjj The two referenced purchase orders are for modular type metal construction office workstation furniture. The quoted prices are from the state of Texas General Services Commission Contract and include installation, setup and dispo al of packing materials. Sv,pplks and ms;aials purchase from the State of Texas General Services Commission Cooperative Purchasing Program have met all competitive bidding requirements of State taw. Respectfully submitted: A1ame: Tcm Shaw, k7.P.M., 349-7100 Title: Pumhasing Agent Attachment NL Purchase Order 0 88137 to Wright Line Attachment 02: Quotation # 72002-00198 Attachment 43: Purchase Order p 86138 to Wright L no Attachment 94: Quotation # 72002.00235 I 111 AGENDA I , i p I ~ Wl 4 4 ~r I 2 ~ M~ Q lLl I l Io k ~y. 3zX10 , • 0 PURCHASE ORDER N0: 8 B 13 7 THIS IS A INS n.xnber must Cppear on all CONFIRMING ORDER l Invoices, deA.ery slips, cues. (IF MARKED} CInS, b0"es, pa,king slips end bdls. . DO NOT DUPLICATE Roo N0. Bid No. Dale: 09 14 98 Page No. 01 CITY O TEAS PURCHASING DIVISION 90$ B DEN STTA0 (MEENTONN TEXAS 76201-4354 r 9401349-7100 D/FVV METRO 817/207-0042 FAA 94DY349-1302 VENDOR WRIGHT LINE INC NAME/ 1120 RUFE SNOW DR DELIVERY CENTRAL RECEIVING S11 ADDRESS BLDG 106 SUITE 160 ADDRESS INFORMATION SERVICES N RICHLAND HILLS TX 56148 901 B TEXAS ST DENTON, TX 16201 CRAIG MAXWELL VENDOR NO WR153000 DELIVERY OUOTFO 1D 23 98 FOBHIPPING POINT 8UYER KS TERMS r'a{C R d y o- r I'~a""a ~M PN; ONE GUMTITY 001 2.00 EA VENDOR CAT. 48LF1 NFO WANE 774.315 1,548.75 CITY 4 9200 84NH X 72"W FULL FRAME SUBDIVIDED (3) 24" MODULES 002 3.00 EA VENDOR CAT. 4LF32 MFO NAME 331.880 995.64 CITY 1 9100 72"W HOOX-ON WORKSURFACE, 21" DEEP " U03 2.00 EA VENDOR CAT. 1BL14 KFO NAME 508.875 1,017.75 CITY 1 9100 844H DOUBLE UPRIGHT, 27" DEEP SIDES 004 2.00 EA VENDOR CAT. 08L07 NFG MANE 349.575 699.15 CITY 4 9100 84" ENHANCuD UPRIGHT, 31"D P 0E TOTAL 1 4,261.2y w . It SINM ,NSTRU mONts wilA 11414814 COPY 1 Turns NCI 70 • px.hml - 4 1 ShIpAiM nll,es bens FOB tle/Imlllen peF414 IPA.,. ..No .0 .,cd..41 2 Bill It • ALCOU1111 Psysb4 S NO IC4CI,1 K Hale Sales b. 00 M e"hnk4 2151, MlFane 54 m Araes Idle! '-Pier~halj Irruliri olnn ~Y~iL)li ll • t.,. l u t'~ ~ at, Y 2.5><~❑ 32x~❑ Y ~~M Joe - A PURCHASE ORDER NO, 68137 THIS IS this numtw most oppeor on all CONFIRMING ORDER invoice, dellvaey slips, cases. . OF MARKf01 - 1 tins, boas, packing slips and bills DO NOT DUPLICATE Rao No Bid No. Date' 09 14 98 Pegs No 02 CITY OF DENTON TEXAS PURCHASING DIVISION 1 901-8 TEXAS STREET / DENT04 TEXAS 76201-4354 9401349-7100 D1FVV METRO 8171267-0042 FAX 9401349-7302 VENDOR WRIGHT LINE INC NAME" 7120 RUFF SNOW DR DELIVERY CENTRAL RECEIVING S11 ADDRESS BLDG 106 SUITE 16U ADDRESS INFORMATION SERVICES H RICHLAND HILLS TX 56148 901 B TEXAS ST DENTON, TX 762DI CRAIG KAXWELI. VENDOR NO, WRI53000 DELIVERY QUOTED 10 23 9B FOBHIPPING POINT BUYER KS TERMS INE OU I " 006 3.00 EA VENDOR CAT. OLF25 KPO NAME 327.450 982.35 CITY 4 9100 72"W TONER/EQUIPMENT SHELF W/11.9" END PANELS 006 3.00 EA VENDOR CAT. 4LF26 MFG NAME 154.680 464.64 CITY 4 9100 72"W TOWER/EQUIPMENT ADD-ON SHELF 007 2.00 EA VENDOR CAT. OUTS7224 MFG NAME 354.000 708.00 CITY 4 9100 . 72" BASIC PLUS INCLINE LAMINATE SHELF 24"D 008 6.00 EA VENDOR CAT. 4LA09MM NFG NAME 182.310 1,093.66 CITY N 9100 RETRACTABLE KEYBOARD PLATFORM W/MOUSE TRAY P GE TOTAL 3,248.85 I n VENDOR INS1R1,10ON"i ] lame Nei 10 n'^'••' •"••"•'•^''-''I ' 1e At AV00:4 win. dDIlatle r•6Y 4. wRRn0 milmliams I'00 Destrollon MeP+d rtiu,. ...e.•n I Se1nd n4 5 No le4eral or slate Ides taa $11611 be mclwlCd I'ui hr N.,1-I Arr.uni 7151 Nitmn61St. III P N C7 bH DCnle Il 16 .4787 10 32XIO e &Mau sl 10 n1 d 1 aeelelocls t , PURCHASE ORDER N0: 68137 THIS IS A T,us number must ep4eer on all CONFIRMING ORDER I I { m.oices, delivery slPs, Ceseb. (IF MARKED) Clns, bo.es. Pxbmq $lips and belle. . • DO NOT DUPLICATE Recl No Bid No: Dale. 09 14 98 Page No, 03 CITY OF DENTON TEXAS PURCHASING DIVISION 1 901-8 TEXAS STREET I OENTGN, TEXAS 7620 1-4354 r 9401349-7100 Di METRO 8171267-0042 FAX 9401349-7302 VENDOR WRIGHT LINE INC NAME/ 7120 F1UFE SNOW DR DELIVERY CENTRAL RECEIVING S11 ADDRESS BLDG 106 SUITE 160 ADDRESS INFORMATION SERVICES N RICHLAND HILLS TX 56148 901 B TEXAS ST DEsi TX 16201 CRAIG MAXWELL VENDOR NO WR153000 DELIVERY QUOTED 10 23 96 FOSHIPPING POINT BUYER Its TERMS ONE I ' p U09 6.00 EA VENDOR CAT. 4LF33 MFG NAME 137.175 823.05 CITY / 9100 72"1 HORIZONTAL CABLE MANAGEMENT KIT 010 6.00 EA VENDOR CAT. ILA13 MFG NAME 17.700 106.20 CITY A 9100 TOP ACCESS CABLE MANAGEMENT BRACKETS (PAIR) 011 6.00 EA VENDOR CAT. ILPS200 MFG NAME 79.650 477.9u • CITY A 9100 • 40" POWER STRIP (LOW PROFILE) M/SIX RECEPTACLES (15A) i 012 6.oo EA VENDOR CAT. 9LD28 XFO WAVE 327.450 1,964.70 I CITY A 9100 24NW TOWER ROLL-OUT SHELF t P OE TOTAL 1 3,371.BS VENDOR tNS1AUCT10N5'. ♦ 1. Terms • Nei 10 111.4,..1!++.. 1 Send wilinel iii ite with f0flCele d00Y 4 SAipFinl Insirv[h0001 /.00 OesbMimn prepaid woi, 4.,i-o I 2 Bill to Accoi Feysble I No fetieref of !rile $deb to shell be im1wed IK•F- .M>fl sisiMi 116 L McKinney $t. in p'us billed 0emm~, TA 16201.4299 32 x s 0 S memo" PURCHASE ORDER NO: 88131 THIS IS A i ihls nurnter mull apDeer on oil CONFIRMING ORDER I ill MAAKE01 Invoices. delivery sips, uses, ctris, tomes. pwi,in0 slips and bills . DO NOT DUPLICATE . Req No Bid No Dde. 09 14 98 Pege No. 04 CITY 1 901 8 DEN SON} T~XON. S PURCHASING DIVI O TEXAS 76201-4354 9401349-7100 DIFVV METRO A6171267-0042 FAX 9401349-7302 4 VENDOR WRIGHT LINE INC NAME/ 7120 RUFF SNOW DR DELIVERY CENTRAL RECEIVING S11 ADDRESS BLDG 106 SUITE 160 ADDRESS INFORMATION SERVICES N RICHLAND HILLS TX 56148 901 H TEXAS ST DENTON, TX 16201 CRAIG MAXWELL VENDOR NO WRI53000 DELIVERY QUOTED 10 23 98 FOBHIPPING POINT BUYER XS TERMS r11'N A ~ 6.00 EA VENDOR CAT. BLA35MM MFG NAME 22.125 132.75 CITY 1 9100 VERTICAL CABLE MANAGEMENT KIT 3.00 EA VENDOR CAT. OLA36MM MFU NAME. 13.276 39.fl3 CITY 6 9100 EXTRA CABLE NOT ARM 015 1.00 EA VENDOR CAT. BLFIO MFG NAME 185.850 185.85 ep CITY 6 9100 • 72"W I,ENERAL PURPOSE SHELF W/L1.9"H END PANELS 016 1.00 EA VENDOR CAT. OW162MM MFG NAME 22.130 22.13 CITY 1 9100 LINX SHELF DIVIDER SET (5 DIVIDERS) P OE TOTAL E 380.56 `yyrr sr^"'m .'^"..n VENDOR INSIAIAPONS: I leans - Nei 30 1. Send en6mal invoice with dulhule toll 4 Shlppaq Insuvchons, Foe Qell"llon preF+Id $i,v,..w."• •..•m•~r I fill Ie - Aaounis ►syAle S No federal or side soles be shill be Inc NAeA Irc r,nig rvisron Ifs r MAInng1 St in pr"s billed neneen, Is 16201.4199 0 1 PURCHASE ORDER NO: 88137 THIS IS A loo number must appear on all CONFIRMING ORDER invoices, delivery slips, cases. (IF MARKED) tins" Loxes, packing slips and bills, DO 140T DUPLICATE E- Req No, Sid No'. Dole: 09 14 98 Page No, 05 II PURCHASING DIVISION 1 901 8 TEXAS SON{ IDEEN`OSEXAS 76201-4354 9401349-7100 DIFW METRO 811/267-0042 FAX 9401349-7302 VENDOR WRIGHT LINE INC NAME/ 1120 RUFE SNOW DR DELIVERY CENTRAL RECEIVING S11 ADDRESS 91.00 106 SMITE 160 ADDRESS INFORMATION SERVICES N RICHLAND HILLS TX 56148 901 8 TEXAS ST DENTON, TX 76201 CRAIG MAXWELL VENDOR NO, WR153000 DELIVERY OUOTEO 10 23 98 FO8HIPPINO POINT BUYER 98 TERMS a -1 1,777?7 b' 017 1.00 EA VENDOR CAT. 4999924 MFG NAME 1,126.250 1,126.25 CITY 4 9100 WRIGHT LINE INSTALLATION FOR REGION 6 QUOTE 4 Q72002-00198 i ' j . a's P GE TOTAL I 1,126.25 GR ND TOTAL 1 12,388.80 ,r 100 044 0080 9102 12,39a.80 VLNI)OR INSTRUCTIONS; 1 lame Net 30 I. Send NIpn11 invoice 100 /uphtale copy 4. Sbippm4 woruclmns, E06 beslinalian prepe4 ,bloc .x.... „na,.n 1 1 6iU k Aueuna payhle 6 No Irdeul of Ink sales lag shell It ttxladrd FF 71S 1. M~4 mne St m prxrs IIId `fS~[Tiw,eryl xnsrcnr k" `'.!['i', , x CJ 2X10 S ( I r I AT7AC39[MMP t► • Saln Rep: W R I G H T 'LINE Proposal Craig Mavoma tee1V51 cal envlronrneM solutions Date: 713086 7120 Ruh Snows Dr1ve t?urtfiar Orttaa mul Ydude tlr blorwq RsmB To' Addraeec + , Wdg 106 S'wte 160 Dept L361-P Pagurgh, PA. 152614%1 Noah Richland Hills, TX 76118 Phone: 817-49&1566 Fat: 8174988272 Customer: C4 Of Donlon Contact: Mr. Jim !,very 601 E H dory NeNwrk Manaoer Sude A Phoa: !9101319-7262 En: Denton, TX 18203 Fu: (9101319-0533 Quote# ContrartM QaoteDate Terms FOS Delivery Q72002 00198 7128198 NET 10 DESTINATION 21 Wks ARO LineNo Port No,1 Clr. Description Quantity Unit Price Eatended Prig 500 BLF1 t51'H%72'WFUFRFRAMESU8QN16 0-(3)21' 2 815,0050% 1,51875 MODULES 511 LF32 72'W HOOK-ON WORKSURFACE. 27' DEEP 3 375.00 !1' el it T 15041 SCH DOUBLE UPRIGHT, 27' DEEP SIDES 2 575 00 5-'q E7 i 150% l;~t51.7S 5,12 AL07 84'EW711NCEOUPRIGHT,31'0 2 39600 "*'3C11.50% 699,15 530 LF25 72' IN TOWERIEOUIPMENTSHELF W11IrEND 3 37000',j11.50% 982,•35 PANELS $31 LF26 77 W TDWERIEQVIPMENT A004N SHELF 3 175 00 rs't Fv 11.50% 16163 5.32 8757224 77 BASIC PLUS INCLINE LAMINATE SHELF 21'0 2 100,00 • H 11.50% 70800 550 LA09MM RETRACTABLE KEYBOARD PLATFORM WIMOUSE 6 20600 6: :1 11.50% 1,09386 TRAY 5.60 LF33 72' W HORIZONTAL CABLE MANAGEMENTXIT 6 15500 i3})7511,50% 82305 5.61 LA13 TOP ACCESS CABLE MANAGEMENT BRACKETS 6 2000 111,111,50% 10610 (PAIR) $62 LPS200 b' POWER STRIP (LOW PROFILE) WITH $IX 6 g0 Do-, 1 4: 11,50% 17790 , i RECEPTACLES (I SA) 580 L026 24' W TOWER ROLL-OUT SHELF 8 37000SZ 401150% 1,96/.70 581 LA35MM VERTICAL CABLE MANAGEMENT KIT 6 23.00 72.":051,50% 13275 582 LA36MM EXTRA CA9LEMGTARM 3 1500 V76411,50% 39.83 5.90 LFI D 72'W GENERAL PURPOSE SHELF Will 19'H END 1 21000 8S f3 11,50% 18}85 PANELS J 591 W162MM UNX SHELF DIVIDER SET IS DIVIDERS) 1 25.00 ? 1.1 N 1I S0% 2213 Group Total: 11262.53 I r + 600 999921 WRIGHTLINE INSTALLATIONFORREGIOM6 1 1,128.25 1,12625 i 4D, L Page 1 V i 1t , e~ 1 n~ n f ti In ,lulu+~ 25 X , 32 X 1. 1 SaWRep: WRIGHT ' LINE Proposal Crag MaMe6 teehnical environment solutions Date: 7" 7120 Ruh Snow Odve Puruhm Orders must include i e Irskecng'Remb To' Add=& Bldg. 106, Sum 160 Dept L56f-P Pdgvryh. PA. T52WS61 North Riddand Hlla, TX 76146 Phone: 617496.1666 Fu: 6171986272 Customer. Contact: C4 Of Donlon Mr. rim Avery 601 E Md pry NaMOrk Manager Suds A Above: 19404307262 Eat: Denton. TX 76205 Fu: 194013496533 Quote# Contract/! QOM011e Tems FOB Deth,ery ' 07200200198 7asm NET 10 DESIINAnON 24W/uARO LineNo Part No.10r. Description Quantity Unit Price EMended Price Notes: Prices n Daaad upon Slela of Taw conhsd Default Options. FaUt WA pddng. Shipping and h ddstbrt included. Uminate K UJnnerAsmis WA 1 LURMDcorT'ml WA UAMTcoParWo VA OpuShN WA $I" M Tambour WA ' Subtotal: 12.38675 G Transoortation: loruifatbn: . Proposal Yai d for 30 dava ! 7• G~ Tu: Terms and conditions attached (Form09S•271 Os ~ R • Total: 612.38878 Il Plus soolicabte Installation. Transportation, and Tu if not stxcified abort. Rayon Re% veva t r , i n { f (0 t: Page 2 9. 10 i 32X e o , , • PURCHASE OROEA N0; 88136 THIS IS A tn,s oui i appear on all CONFIRMING ORDER { invoices, dohvery Ups, cases, . {IF MARKEDI clns, no.rs packing sits and bills. DO NOT DUPLICATE " Reg Na. Bid Na Dale, 09 is 98 Page No 01 CITY OF DENTON TEXAS » PURCHASING DIVISION 1 901-8 TEXAS STRFET I DENTON, TEXAS 76201-4354 u 9401349-7100 DIFW METRO 8111267-0042 FAX 9401349-7302 VENDOR WRIGHT LINE INC NAME/ 7120 RUFF SNOW OR DELIVERY CENTRAL RECEIVING S37 ADDRESS BLDG 106 SUITE 160 ADDRESS COMMUNICATIONS N RICHLAND HILLS TX 56148 901 B TEXAS ST DENTON, TX 76201 CRAIG MAXWELL VENDOR N0. WRI53000 DELIVERY QUOTED 10 30 98 FOUHIPPING POINT BUYER XS TERMS -LINE I RIP 001 2.00 EA VENDOR CAT. 16LP1 KFG NAME 1,126.375 2,256.76 CITY M 9200 84" X 96" W FUL'. FRAME 002 1.00 E•r VENCOR CAT. 48L09 MFG NAME 137.)80 137.16 CITY N 9200 84" TECH CORNER POST n 003 2.00 EA VENDOR CAT. 1LE10 MFG RAKE 159.300 318.60 i CITY 1 9200 ' • 48" W GENERAL PURPOSE SHELF W/11.91 END 004 2.00 EA VENDOR CAT. 1W162MM li MAKE 22.125 44.25 CITY 1 9200 LINX SHELF DIVIDER SET P 0E TOTAL s 2,756.70 1 r. ViNi INSIRULTICK I terms - Nei IO a^• • • •...e•n I. Send afipmll memo arilh duphcale copy 4. Shopping msbatmm. FOB. Dtlhnallon peeped rom,• .I",,.,. 'i ) Bill n s.[counq pryabla S No federal v stile sales far shall be mclused ucLrdoq nr ek, 116 1 McKii~ St m M"es billet Oanlan, tN 712011199 ' I:,dsh :25.>~ N Q 32 x ❑ s 0 ' I I realms , O Ii1 9 , , • y I PURCHASE ORDER N0: 80130 THIS IS A This number mull appear on all CONFIRMING ORDER rn,o¢as, debrery ships, Cases. IIF MARKEOI clns, boxes, packing slips and bolls S DO NOT DUPLICATE Rea No Bid No Dale'. 09 15 90 page No 02 CITY 1 90018 DENTON! TEXAS PURCHASING DIVISION EaAS 76201-4354 9401349-7100 DOW METRO 817/267-0042 FAX 9401749-7302 VENDOR WRIGHT LINE INC NAME/ 7120 RUFE SNOW DR DELIVERY CENTRAL RECEIVING S37 ADDRESS BLDG 106 SUITE 160 ADDRESS COMMUNICATIONS N RICHLAND HILLS TX 56148 901 B TEXI,S ST DENTON, TX 76201 CRAIG MAXWELL VENDOR NO WRI53000 DELIVERY QUOTED 10 30 98 FOBHIPP INO POINT BUYER Xs TERMS ONE OUA TV 005 1.00 EA VENDOR CAT. 1111i MFG NAME 274.350 274.34 CITY 19200 48"X10" CORNER LAMINATE SHELF, 18" DEEP 006 2,00 EA VENDOR CAT. SLE45 MFG MANE 336.300 672.60 CITY 19200 48" LOCKING COMPARTMENT W/STEEL DOOR 007 1.00 °_A VENDOR CAT. OLS28 MFG NAME 327.450 327.45 CITY N 9200 e 24"W TOWER ROLLOUT SHELF 008 1.00 EA VENDOR CAT. IC845M3 MFG NAME 265.500 265.50 CITY 19200 LINX BOX/FILE MOBILE PEDESTAL (BLACX) P ,GE TOTAL a 1,539.90 f VINOOR INSIRUCTIUNS, 1. Terms Net 30 ai^'••• •'ny..,. a.,al T Send anp nal mroics with duphicata copy 4 . Shipping inslreclmns F 06, Oeslinnion prepa'4 11 8.11 la • Accounn pryable 5 No federal or stile sales sae shall be included urchrmq version 1115 E M.Kmney $1 in pncrs billet 3 Don lei, 19 ifi2D1.479 10 e , e PURCHASE ORDER NO: 88138 THIS IS A - this number muss +ppew on aD CONFIRMING ORDER i invoices, dehve(r dips. cases, OF MARKED) i tins, bo.es, picking skips and bill . DO NOT DUPLICATE Rea No Bid No. O+Ie. 09 15 98 Pogo No 03 %ACHASING DIVISION CITYit 019 RENTOIVf OEXOR 1EXA; 7620 1-4354 5401349-7100 O1FVV METRO 817 267-DO42 FAX 9401349-7302 VENDOR WkIGHT LINE INC NAME1 7120 NUFE SNOW DR DELIVERY CENTRAL RECEIVING S37 ADDRESS BLDG 106 SUITE 160 ADDRE:: COMMUNICATIONS N kICHLAND HILLS TX 56148 901 6 TEXAS Sir DENTON, TX 16201 CRAIG MAXWELL VENDOR NO. WRIS3000 DELIVERY 01 10 30 98 FOSHIPPINO POINT BUYER KS TERMS INE 0 I P41 009 4.0J EA VENDOR CAT. Ii MFO NAME 114.165 456.6t, CITY 1 9200 48" HOR220NAL CABLE MANAGEMENT KIT 010 10.00 EA IVENDOR CAT. Ill MFG NAME 17.700 117.Ou CITY 1 9200 TOP ACCESS CABLE MANAGEMENT BRACKETS (PAIR) O11 2.00 EA VENDOR CAT. OLA27 MFG NAME 35.400 70.8U CITY 1 9200 . TOP ACCESS COkNFR CABLE KANAOEKENT CONNECTOR 012 3.00 EA VENDOR CAT. ILPS200 MFG NAME 79.690 238.96 CITY 1 9200 40" POWER STRIP (LOW PROFILE) WITH SIX RECEPTACLES P GE TOTAL 1 943.41 j N 1 i1 VENDOR INSTRUCTIONS 3. leims • Net 70 n~^'^•'"•••• .n.e..n I . 1. Se"d 460md Invoice with duphcue copy 4 Shipping InsIfucbsm. FOR 0451n+bon otil i n,n4,..,1..,. w.'000 2 Bill to • Accouets Potable 5 No Iederd Of Htl+ 14115 Iac 51111 Of included urc um¢ vi4id7 714 E Mdmne SI In prices billed Denton, 111 76201.4299 -~~r hT tigi q~t 2 i x 10 32xID o 0 I , » PURCHASE ORDEA Na. 88138 THIS IS A Ilus rx"nber mxrst eppoor an all CONFIRMING ORDER invoices, dehvcry slips, uses. (IF MARKED) ctns, bo"u. peclml skips and bills. CO k0T DUPLICATE - Req No Bid No Dole. 09 15 99 P+ys No. 04 CITY OF DENTON TEXAS k PupCKASING DIIHSION 7 901•B TEXAS STREET 7 DENk.N. IEXAS 76201-4354 9401349-7100 DIFW METRO 8171267-0042 FAA 9401349-7302 e VENDOR WRIGHT LINE INC ' NAME! 1120 RUFE SNOW DR DELIVERY CENTRAL RECEIVING S37 ADDRESS BLDG 106 SUITE 160 ADDRESS COMNUNICATIONS N RICHLAND HILLS TX 56148 901 B TEXAS ST DENTON, fX 16201 CRAIG MAXWELL VENDOR N0. WR153000 DELIVERY OWTED 10 30 98 FOSHIPPINO POINT BUYER KS TERMS [LINE 7701W t t 013 2.00 EA VENDO^ CAT. IMC52 MFG NAME 327.450 654.90 CITY 19200 48" HOO!4 ON WORXSURFACE, HIGH CAPACITY, 3" DEEP I 014 1.00 EA VENDOR CAT. IME03 MFG NAME 309.750 309.75 CITY 19200 46" X 48" CORNER WORKSURFACE 36" DEEP SIDES 015 1.00 EA VENDOR CAT. 4MA02MM MFG NAME 88.500 B8.50 CITY 19200 EXTENDcD TOP SUPPORTS FOR 36" WORXSURFACE (PAIR) 016 3.00 EA VENDOR CAT. IESDUPCHG MFG NAME 44.250 132.75 f CITY 19200 ESD GREY TOP UPCHARGE P GE TOTAL t 1,185.9u 0 • r , W t VIN00e INStAUCT10NT 9 Terms • Net 30 a""^ •"'•'•^..,.i'.0 4 ' 1. d.,d srq-tel mvude with dupl,tal•. copy d SMppmp mstruet oos. 101 Destmmart prepaid ow.,, v..... v,1.41 ~ I 2. Bill Is • Accounts Fnable 5. No federN a st+te Sales I+S sMll be include) ,dc +;m1 msion 716 E MtRmne St in prices killed Union, IK 11211 4799 D 32X low" 'f D a , ' N0: 60138 THIS IS A PURCh ASE ORDER this nurr,4er muss 14~I& on All CONFIRMING ORDER invoices, dehrerV sfi.s, coils, (IF MARKED) c,ns. bo.es, packing eips rid bills. ip DO NOT DUPLICATE Bid No Defy. 09 15 98 Pepe l 05 Heq No CITY OF DENTON TEXAS w PURCHASING DIVISION 1 901-9 TEXAS STREET I DENT04 TEXAS 76201-4354 940049-7100 DIFW METRO 8171267-0042 FAX 9401349-7302 a, VENDOR WRIGHT LINE INC NAME! 7120 RUFE SNOW DR DELIVERY CENTRAL RECEIVING S37 ADDRESS BLDG 106 SUITE 160 ADORES$ COMMUNICATIONS N RICHLAND HILLS TX 56148 901 B TEXAS ST DENTON, TX 16201 CRAIG MAXWELL VENDOR NO. WR153000 DELIVERY OUOTEO 10 30 98 FOBHIPPING POINT BUYER K5 TERMS Im ANTIT-1 . 01'7 2.00 EA VENDOR CAT. #C903XM MFG NAME 19.470 38.94 CITY 1 920D SPEIDFL WRIST STRAP FOR PERSONAL GROUNDING 010 2.00 EA VENDOR CAT. IC904MN MFG NAME 10.620 21.24 CITY 1 9200 QUAD GROUNDING TACK FOR WRIST STRAP GROUNDING ` 019 1.00 EA VENLOR CAT. OLA6500 MFG NAME 26.320 28.32 ~ CITY 1 920D S GROUNDING BAR QUOTE 0872002-00235 j P GE TOTAL t 88.50 OR ND TOTAL s 6,514.49 S 160 160 0160 9232 6,514.49 1 VENDOR INSIRUCIIONS: 3 terms Net 10 k ••r ,^''",I L Send ergmel Invoice wiAa 11u0laeU toy' 4. Sh,ppinp Intlreclrons 101. 040WOn 1100#1 1. +Mn.,..,••a.ai ! !dI U Accoupld payable 5, No Iedetel v hale felel Us shell be Included ult eSrnp rers,on , 211 U MRine 0St m prices IhAtd nomon, 19 '121.4145 e 25 x 1 Q 32 x❑ • o ~j. 1 09/14/68 LION Oi:34 FAX 6174646272 SdoRep: WRIGHT • LINE Proposul Cray Mood Ux nlc,31 &wftnn4uA IoKftm Ddm wain 7120 RW SWIM Orw PuroDw Cram mw !dude 9r Uaiii rp %nik Td A6dwr ft 108, Sub 160 Dept LSSt-P Pftwj 4 PA. 182840601 NoAA Rd4end Hill 1% 78141 PMw. 617498.1891 Nno IIT 491114 1 G1e0eeen coots: cigl of in - * PolorRidwordr 001 A Teas St ENO EnOr rai 1910IWI71 kit Fm 16101316 8479 Da bn, TX 162111 Quah11 c"i QweleDelt Term FOB Doi QT2002_0045 94" NET 10 080e000 24WUARO LiftNo Pert 1111 0r. Pwaipi Qum*? Usk Prim Lfteded Prim TAO SUM W' H X B9f W FLU M 1 Nd I 1, -4:0.75 1 1,61 8109 54' TECH OORNER POST 1 168.00 119 0 11.60% 177.16 120 LE10 w W OfNEW PURPOW &W Wfl 1991 END 2 180.00 159.30 1140% 61850 PANELS 121 Wism L110L8eromI Enwr(TIOMwii 2 2500 .1.11511.50% 4425 122 1111101 4Sf X 481 CORNER LAMINATE &W, W DEIP 1 110.00: ' K )r 11.60% 274.E 81013 125 1145 4r LOCKING OOMPARTI iTWISTS&DOOR 2 380.110 IT'S(' 11.60% 0260 130 1921 241wTOWERROU4UrSHELF 1 710,00 W44 11.00% 327,45 1.11 C645W 11NX BOX1BOk/FIIE MOBILE PEDESTAL (BLACK) 1 100.0i 1190% 3" 1,00 LE33 4r HORIZONTAL CABLE MANAWANT KR 4 120.00114-165 S 150% 466.08 1.81 LA13 TOPAMOSCARE ANNAOQENTSRACKETD 10 20A0 I~,3o1150% 1770 u 1.62 1A27 OP~SS CORNER CABLE MANAOA ENT 2 40.00 P5. I D I1,50% 70.60 CONNECTOR 1,87 LP8200 4PPUMIi' STRIP (LDWPROiNBTHSIX s 90.01.0511.50% 23LM RECEPTACLES (15A) 1.70 1102 44' HOOK ON WORKBLIRFACE,140H CAPACITY, 381 2 170.00 ",a9 W1190% 864.90 X 1.71 ME03 4r 4W CORNER WORKSURFAM 3Bf OW SIDES L 3XIM 1c' X11.00% 309.75 1.72 VA02MM EKrU4DLDTOP 6UPPORTS FOR 361 1 100.00 14rv 11.60% 58,50 WORKBURFACE (PAIR) 1,73 ESOUPCHO ESOGREY TOPUPd1AR0E 3 60AO Wl1 11.50% 12275 1.80 OMMM 99DEL WRIST STRAPFORPERSONAL 2 2200 r1 V0115011 3094 "J OINO MUDES WRIST Si AND COIL CO" 1.01 Comm QUAD OROUNDINO JACK FOR WRIST STRAP 3 1200 1 J 6Z 11.00% 2124 1 • I.B2 LAMM f#tOUNDINf! BAR 1 3200 u• 71 11.00% 2532 3 Group 1441 IA 14,48 i Pepe 1 - - as . a -ell ~~~5 Y is s~xla 1 C h1 Y ~ 1 H r4,.( y r i f i. w~xar ~ r I Q r" 09/14/95 YON 00:01 FAI 8174088272 SdaRw WRIGHT' LINE Proposal I Meere4 tbftkMi Onvbonm M OokAWa Dwwe: 01890 7170 kith Snow OM hick ee Otdne no Ydude h Mmft Aenr1 Td Addneww 94 foe, 9u1e 1d0 Dw0110 41 POepwOh, PA. I Mi40MI NOO Rb)WM H k TX 70148 v Phowe 0174808008 Fm 8174000712 C~ono~m~ r Gbh dwD~ Mc hYr RbhroMh 001 A Tam St P swim rim 78 Of*nr 7X 70201 % Qwaee Goftd# Qw %Diti Tama Toe DedhM 1 G71002.O= 0496 NET 10 OeiO+ilbn 24wbAR0 LjneHO TiA IVe / dr, Dina fpdow Qiiwdh 0* Telae film" Trio / moot Alpodu*mWormwWAN8M0FMA Delird10p1laan FLW&"E MQAYwna mAbrepecAloeM. ukenPinebWA r S+Af 0411 QXCV LL"ADMIN HA LMWO)k WA Op881ee1 M 8VM Tmbme WA 0wlTotil: 8911.49 1 g-p~9~ 'L~/ T 1wW0wdoee ' trowotil Yi9d kr 30 din TUS Term and coidMm adacbed Worm if Mn Oe1e `1tep~rsr~/w • T" 08,014.40 sr gee k I . r ; 1 l • ' ! I I ~ ~ • I Y I ~w 2 k l 'x 32. X 0 Waal" I i ORDINANCE NO, AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF OFFICE FURNITURE AND ACCESSORIES AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (PURCHASE ORDER # 88137 TO WtUGHT LINE IN THE AMOUNT OF 512,388.80 AND PURCHASE ORDER # 88138 TO WRIGHT LINE IN THE AMOUNT OF $6,514.49 TOTAL AWARD $18,90129). i WHEREAS, pursuant to Resolution 92-019, the State Purchasing General Services Commission has solicited, received and tabulated competitive bids for the purchase of nec.ssary materials, equipment, supplies or services in accordance with the procedures of state law on behalf of the City of Denton; and ! WHEREAS, the City Manager or a designated employee has revi,aved and recommended that the herein eescribed materials, equipment, supplies or services can be purchased by the City through the General Services Commission programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 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 , EENDOR AMOUNT 88137 WRIGHT LINE S 12,388.78 88138 "'RIGHT LINE S 6,514,49 SECTION IL That by the acceptance and approval of the above numbered items set 6)rth in the attached purchase orders, the City accepts the offer of the persons submitting the bids to the General Services Commission for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specifications, standards, quantities O J14 and for the specified sums contained in the bid documents and related documents filed with the General :ervices Commission, and the purchase orders issued by the City. i 17 Plix 10 32X111 c SECTION III. That should the City and persons submitting approved and accepted items set forth in the attached purchaso orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the General Services Commission, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the General Services Commission, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION IV_, That by the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved purchase orders or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of 1449. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS. CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY. CITS' ATTORNEY t' $81.17 & 69138 PO STATE ORDINANCE ~d >e r ~t ? 5 x 10 32 x i ❑ r. s 0 t t~,znde i!¢M.JS ~ t AGENDA INFORMATION SHEET ADENDA DATE: October 6, 1998 DEPARTMENT: Planning Department CM/DCMlACNI: Rick Svehla, Deputy City Manager SUBJECT Consider approval of an ordinance of the City Council of the City of Denton, Texas, approving guidelines for operation of the City of Denton Hotnebuyer Assistance Program and eligibility criteria; authorizing expenditures in excess of $15,000 for projects meeting program guidelines and criteria; and providing an effective date. BACKGROUND 1. Program and Action Requested The Ilomebuyers Assistance Program (HAP) has been in existence since 1992 and provides homeownership opportunities for low and moderate income households. The program assists eligible households with down payment, eligible closing costs and gap financing to purchase an affordable house. The assistance is provided to the home buyer as a secured forgivable second loan at 0°/a interest for 5, 10 or 15 years and forgiven on a monthly basis, The term of the loan is based on the loan amount to the home buyer. The maximum loan per household %vith funds from the U.S. Department of HUD funds is $14,900. j An additional $3,000 per household is available from the Federal Home Loan Bank of Dallas, thus making the maximum loan amount per household $19,900 for a term of 811cen (15) years. I Approval of this ordinance adopts the llomebuyer Assistance Program guidelines and authorizes program expenditures in excess of $15,000. City Council will not be required to approve individual program expenditures. IL Funding Sources The 1998.99 grant year funding a"ard for the Flomebuyer Assistance Program is $307,295 from CDBO. An additional $I 15,000 for the program was awarded by the Federal Home loan Bank (FI ILB) of Dallas to provide gap financing or a maximum of $5,000 per low income home buyer, • No general fund dollars are included in this program. o' o Page l 32XIO 0 0 Ill. Eligibility To be eligible for participation in the Llomebuyer Assistance Program, prospective home buyers must meet all of the following criteria: A. Live in the city limits of Denton for one year B. Anticipated household income cannot exceed 80%of the area median incom:. C. First-time homebuyer. D. Occupy the home as their primary residence during the term of t'ie loan 5, 10 or 15 years. E. Qualify for a mortgage loan offered by a Participating Lender. F. Liquid assets not in excess of 55,000. 0. Attend a HUD or Fannie Mac approved homebuyer education workshop before receiving assistance. IV. Process/Part ici pants To receive assistance from the I lomebuyer Assistance Program, a prospective buyer selects and contacts a lender from the list of HAP Participating Lenders. The HAP Participating Lenders are listed on page 7 of the attached guidelines. The list includes local banks, savings and loans, and mortgage companies that have agreed to comply with the program guidelines and market it allimiatively, The Participating Lender will determine for the homebuyer the actual size of the mortgage the buyer can afford and preliminary eligibility for the HAP program. The prospective buyer can select to work with a realtor to find and enter into a contract for their home based on their loan pre- qualification. Assistance can be provided on units located within the city of Denton, with a sales price that does not exceed $71,500. Once the homebuyer obtains preliminary loan approval and enters into a purchase agreement, the Participating Lender submits an application to the Community Development Oflice. The Lender will process all of the necessary paperwork for the homebuyer to apply for the I[All program. Community Development Division staff reviews the application to ensure that the applicant and property mzet program eligibility requirements. The lender, home buyer and title company are notiticd of the amount cf HAP assist,~ncc, The maximum amount of assistance is S19.900, which includes $5,000 from FHLU funds. An independent home inspection of all major systems and items will be conducted on all properties ! by a State Licensed Honte Inspection Company. Assistance will not be provided to facilitate the purchase of a substandard property The Community Development Inspector reviews the inspection report and will determine if any repairs will be required. HAP assistance is contingent nn the completion on all required repairs. 1 Wl participants must occupy the home as their primary residence for 5, 10 or 15 years. The term 0 • k, of the occupancy requirement is based on the amount of HAP assistance. A prospective buyer is also required to attend a IIUD or Fannie Mae approved homebuyer education workshop. Page 2 1c it O AMA" f rt.0-1 ~ 6.1.1Lw"!-.Y... fYl:"M:I~d n• v k ' V. Intended Results The Homebuyer Assistance Program anticipates providing down payment, closing costs and gap financing to forty (47) qualified home buyers to purchase affordable homes within the city of Denton. This is based on an average assistance amount of $8,985 per household, The City of Denton Homebuyer Assistance Program Guidelines set forth eligibility eciteria for expending Federal grant and FHLB funds. These guidelines adhere to the rules and regulations as set forth by the U. S. Department of Housing and Urban Development (HUD) regarding property eligibility and eligible income ranges. Criteria for monitoring and approving applicants and project expenditures are defined in the program guidelines. VL Significant Changes The following is a list of significant changes to the Homebuyer Assistance Program for the 1996 p' program year: 1. The term for the maximum amount of HAP assistance of $19,900 has been changed from 20 years to 15 years. 2. HAP prospective buyers are required to live in Denton for at least one (1) year before they are eligible for HAP assistance, 3. HUD maximum household income limits have increased. 4. Newly constructed residential properties are eligible properties. 5. Maximum sales price has increased to $77,500. ESTIMATED SCHEDULE OF PROJECT The 1998/99 Homebuyer Assistance Program guidelines will be in effect through September 30, 1999. PRIOR CTIONIREVIEW t Program funding was includo.,i in the 1998 Community Development Action Plan for housing and j community development approved by City Council on May 12, 1998. k FISCAL INFORMATION Stull'salarics related to the program delivery-will be paid with CDBG and HOME funds. No general fund dollars are included in this program. K s Page 3 . , f r~ r , 6f X f~_ 32 x 1 0 f ~ y 0' 1 r ~ Y 1 y} 1 r r, EXHIBITS I Homebuyer Assistance Program -199gl99 2. Proposed Ordinance Respectfully submitted: id M. Hill Director of Planning and Development 7 Prepared by: Luisa Rodriguez-Oa il) Planning and Development/ Community Development Division , a I, t `r S 'r ~ f 1ih ' ~ v J ~ ' .'r A3 Jul Page 4 " P} r t r d ig~i "r'I ,n l l £ 32X a' ~ . , ~rp.tf g .t~' n 0 ' n . - r I EP City of Denton Community Development Division 1998199 Homebuyer Assistance Program Guidelines INTRODUCTION Families from all walks of life qualify for a mortgage loan to finance the purchase of existing houses. However, these same families are often unable to save the money needed for the down payment, closing costs and prepaid taxes and insurance, The City of Denton's Homebuyer Assistance Program (HAP) provides part of this necessary financing as a secured forgivable second mortgage loan at 0% interest for 5, 10 or 15 years. The City of Denton will forgive the note on a monthly basis. The Homebuyer Assistance Program is administered by the City of Denton's Community Development Division and is funded through federal grants from the U.S. Dr:partment of Housing and Urban Development. The program accomplishes two objectives--providing home ownership opportunities for low and moderate income families and builds stronger neighborhoods. Policy clarifications or general questions should be addressed to the City's Community Development Division at the following address or telephone number: City of Denton - Community Development Division 100 West Oak, Suite 208, Denton, Texas 76201 Phone Number: (940) 349.7726 - Fax Number: (940) 383.2445 WHO QUALIFIES FOR ASSISTANCE? Participants must meet all of the following criteria to participate in the llomebuyers Assistance Program: 1, Live in the city of Denton for one year. 2. I louschold income cannot exceed HAP income limit { . No. of People Max, Income Limit No. of Peopl Max, Income Limit 1 $30,450 2 $34,800 3 539,150 4 $43,500 5 $47,000 6 S50,50 7 553,950 8 $57,450 3. P-.tticipants must be first-time homcbuyers. 'Be following will be considered first-time ` • homebuycrs: a. Participants who have not owned a home in the past three years, { b. Participants who are displaced single parents, Pege S ,'Y~ page 1 of e c1 25X10 32x10 U c. Participants who own or owned a substandard mobile home. Community Development Inspector will determine the condition of the mobile home. 4. Participants must occupy the home as their primary residence during the term of program assistance. The HAP second lien contains a due in full and payable/acceleration clause in the event of sale. 5. Participants must meet the eligibility requirements of the mortgage program offered by a Participating Lender. The interest rate on the mortgage loan cannot exceed the prevailing market rate. See page 6 for a list of current Participating Lenders. 6. Participants may not hold liquid assets in excess of $5,000. Liquid assets are assets that can be readily converted to cash and include such assets as cash, checking and savings accounts, certificates of deposit, money market accounts, stocks, bonds and profit sharing accounts (if funds can be withdrawn without a penalty). Notes Any sum over $3,500 to the maximum of $5,000 must be pledged by the participants for closing costs, prepaids and down payment. 7. Participants must attend a HUD or Fannie Mae approved homebuyer education program. Consumer Credit Counseling of North Central Texas, Inc. currently offers a "Successful home 0%wnership" workshop.1 he workshop is I IUD-approved and meets Fannie Mae guidelines for home buyer education, CCC'S education workshops are offered every six to eight weeks. Call the Community Development Division at (940) 349.7726 to register for the next available workshop. WHAT TYPE OF HOUSE QUALIFIES? I. The house to be purchased must be a residential property, located within the Denton city limits. Residential properties include the following: existing and newly constructed single- family residence, condominium or townhouse, Mobile homes and manufactured hor -s are not eligible properties, The maximum sales price of the house to be purchased shall not exceed $77,500. Please Note: Thg C y fo Moton wlll not assist in the purchase of a house that b. being rented tnless the buyer and tenter are the same= 0 2. 1 he property to be purchased must be safe. decent and sanitary. Assistance will not be provided to facilitate the purchase of a substandard property. An independent inspection of all major systems and items that may affect the health and safety of the occupants must be conducted on the property by a State Licensed I Ionic Inspection Company. Community Development Staff gill review the inspection report and will determine irony repairs will be required. IIAP funds • will not be relenscd until -11 the items of concern have been adequately addressed. O • ~ f I Page 2 ortl Page 6 ~h 32 x~G~ 0 ~FMIi.~F, 3. It is recommended that the house contain adequate number of bedrooms. Maximum No. of Maximum No. of Family Members Bedrooms Family Members Bedrooms I O;Efliciency 8 4 Bedroom 2 1 Bedrooms 10 5 Bedrooms 4 2 Bedrooms +10 6 Bedrooms 6 3 Bedrooms 4. Any structure built before 1978, where a child of six (6) years of age or younger will reside, must be free from lead based paint, All sales contracts for property constructed prior to 1978 must be subject to Lead-Based Paint Health Hazards Addendum, WHAT COSTS WILL HAP COVER? I. Closing Cost+ & Prenalds; HAP will only assist with Borrower's closing costs. If the j maximum allowance is not used for a particular item, funds cannot be used to finance other eligible items over the amounts specified. In such cases where certain items cannot be covered through HAP, the buyer will be responsible for those closing costs. All of the following closing costs arc eligible for financing, to some degree, through HAP: application fee credit report fee lender's inspection fee loan origination fee settlement or closing fee document preparation fee title insurance courier fees recording fees title search appraisal fee survey fee attorney's fees other similar items Limitations on Closing Cosh & Prepaids: 30 Days Interest • A full 30 days interest is provided. 14 Months I lazard Insurance three (3) Mouths Property faxes - a full three (3) months taxes are provided. If the actual taxes for a three (3) month period are less than the amount provided, the excess funds may • not be escrowed for additional taxes. It is the responsibility of the purchaser to pay for any laxcs above the three (3) months provided under the program. Inspection fees; $100 for an Independent Ilonie Inspections; $50 for lenders reinspection aRcr repairs hale tKCn completed; $75 for a Pest Inspection; $350 fora lead-based paint assessment and inspection, 2. Down Pavrnentt Up to 5001; of the MINIMUM down payment required by the Par.Icipaling Lerida based on the sales price. In some instance, a mortgage loan does not require a down payment, bowever, under the Homebuyers Assistance Prog•am a minimum of $250 Is required as down payment from the homebuyer, rile t of e Page 71 25)(10 32 X I D .M . e 0 M 3. Gan Finanelne; Additional funds may be available to help homebuyers whose income does not exceed 65% of the area median income (See page 3 for the 3 levels of assistance) and meet gap criteria. These funds are distributed and approved by the City. GAP Financing is not meant to be used as a cushion factor to make the loan more appealing to the purchaser or mortgage company. It is only available when the action is necessary for the participant to qualify for a mortgage loan, Gap financing can be usr4 for the following situations: A. Assist in the difference between the sales price of the house and the maximum loan the buyer can afford. B. Assist participants to buy down the interest rate in order to make the mortgage payment affordable C. Assist home buyer with mortgage principal buydown in order to make the mortgage payments affordable. LEVELS OF ASSISTANCE & OCCUPANCY REQUIREMENTS The following are the three levels of assistance through the Ilomebuyer Assistance Pr,gram and additional requirements for each Ic%el of assistance: Famlly MODERATE INCOME LOW INCOME VERY LOW Sixe 00%-66%AMI 61%-51%AMI INCOME 50% & Below AMI 1 $30,450 - $24,751 $24,750 - S1977 $19,050 - or Below 2 $34,800•S28.301 $28,300.$21,751 $21,750-or Below 3 $39,150.531,851 531,850 - $24,501 $24,300 or Below i 4 $43,500.535,351 S33,35D - $27,201 $27,200 - or Below 5 $47,000.538,201 538,200.$29,401 $29,400-or Below 6 $50.500.$43.901 $41,000-531,551 $31,550-or Below $53,950 . $43,901 $4J,900 - $33,751 533,750 - or Below 0 8 $57,450 - S46.651 546,650 • $33,901 $35,900 - or Below Maximum $5,000 $10,000 $19,900 Agslstancc Occupancy 5 years 10 years 15 years Requirements I O ~J~ l,;igihle Costs Down Payment & Down Payment, Closing Down Payment, j ~T ('losing Costs Costs & Clop Financing Closing Costs & Gap Financing i rare s ors Page 8 ~0 32x'0 25 e p MNAW EARNEST MONEY CONTRACT 1. The contract must show an interest rate not to exceed the prevailing rate, ' 2. All contracts must be subject to a Property Condition Addendum (PCA). The Earnest Money Contract must call for an independent inspection of all major systems and items that may affect the health and safety of the occupants, The independent inspection must be completed by a State Licensed Home Inspection Company. Community Development Staff will review the inspection report and still determine if any repairs will be required. HAP funds will not be released until all the items of concern have been adequately addressed. 1, Linder Special Provisions it must he annotated that the contract is subject to the Buyer qualifying for l [All assistance. 4. Addendum to Sales Contract / Load-Based Paint Ifazards Notification is required for property j constructed prior to 1978. According to the addendum, a buyer has the option to conduct a risk assessment or inspection for the presence of Iead-based paint hazards. If the buyer is to pay for the assessment, this fee can be reimbursed under HAP should the loan be approved by the lending agency, 5. Contracts must be properly endorsed by Seller(s) and Purchaser(s). Any changes to the contract must be dated and initialed by both parties. 6. Broker's name and address are required along with selling agent's name and telephone number. 7. In some instances, the appraised value of the home will not support the loan. A change in contract price may at7c t the I IAP hcnclit level. The mortgage company must submit a letter indicating (lie new sales h ice along with an adjusted flood Faith Fslimate (CiFE), PROCESS TO RECEIVE ASSISTANCE If you meet till of the eligibility cruet ia, the process flit homeownership then includes the following steps • I, Atlend a HUD or Fannie Mae annroed homebuver educalion workAon, Consumer ('redil C'ounscling of North C'enlral Tcxas Is curenllr offering "Successful I lutist ussne+shin" tt u ksttut~. the workshop fucludcs four components: Prc-Ilorrcownership, ' l lomebuying process, Maintaining Home as a Homeowner and budgeting Skills. Please call the City's Community Development Division to register for the next available workshop, TTte workshops are uttered every six to ciy!tt weeks and are free of charge, I Page 4 P„cesofa 25 10 32X10 r u 1 I. Select and co tae a IIP Participating Lender from the approved list of Your cholc That Lender will establish the actual size of the mortgage you can afford and determine your preliminary eligibility for the program. Feel free to contact the City's Community Development Division if you have any questions on the program, ` 2. Find your "dream home" and enter into a purghase agreement, A local realtor can assist you in finding your home, based on the lender's loan prc-qualification. Once you have selected your "dream home", the realtor can also assist you in entering into a purchase agreement. Please note that it is not necessary to utilize the smiccs of a realtor to receive assistance. 4. HAP tender will eubmit your HAP apnlicallan. Once you have obtained preliminary loan i approval and entered into a purchase agreement, your lender will submit your application to the City's Community Development Division for down payment and closing costa assistance. You will NOT have to submit an application directly to the City. The HAP lender wiil process all the paperwork necessary for you to apply for the HAP program. 5. Wben the buver's application Is rcceivcd the Community Development Office will begin rroccssing C r uesl for assistance. An outline of our functions follows: A. Information is reviewed to ensure completeness and accuracy and an eligibility check is performed 11, Review independent home inspectio:i and request any nee,led repairs. C. Conduct an environmental review on property to determine if near an airport or in a Special Mood Hazard Area. 1), lMcrmine the amount of assistance from the Settlement Statement and request funds from our Accounting Department, Assistance is subject to completion of all repairs as required by Community Devclopment, L. Notify lender and title company of assistance. They will receive a Schedule of Assistance outlining the actual amount of assistance that will be provided to the buyer, ' P. Prepare I Iomcbuycrs Assistance Program Deed of Trust and Promissory Note for loan closing. J Q Submit legal contracts and checks for I IAV assistance to title company for closing, WHAT WILL YOU BE REQUIRED TO SIGN AT CLOSING? On the day ofclosing the buyer(s) will be required to sign two legal documents for the Homebuyers 0 Assistance I'rogrcum - A Deed of Trust and Promissory Note. The following is an explanation of the legal documents: Page 6ofA Page l0 32 W t1 • VYgwt4 , O owl" it Promissory ,ote•, The promissory note states that the buyer promises to pay the amount of HAP assistance based on the payment schedule stated on the note. The note is forgiven on a monthly basis for a period of 5, 10 or 15 years depending on the amount of assistance. See Page 4 for the number of years, i Decd of Trust: The deed of trust is a security instrument that allows the City of Denton to place a lien on the property for the term of the forgivable loan and only for the amount of HAP assistance. At the end of the term of the loan the entire grant will be forgiven. At that time, the City of Denton will file a Release the Lien with the Denton County Clerk's Office. I he contracts indicate that the buyer(s) must comply with the following conditions: I • lluycr(s) agrees to reside in the house for the tern of the forgivable loan 5, 10 or 13 years from the date of execution of the promissory notes 2, Buyer(s) agrees to maintain the property in safe and sanitary condition. j 3. Buyer (s) agrees to pay nil mortgage payments, t. tes and other assessment on the property in 1 a timely manna. 110MEBUYER ASSISTANCE PROGRAM PARTICIPATING LENDERS * Active Participating Lenders Participating Lenders/Address Contact Person Mortgage 'Franslatorm Telephone Number Loans Allied Mortgage Capital Corp. IMen W. Ikerd F11ANA/ N/A 1722 W. Oak, Denton 1 X 75201 (940) 898.1694 Conventional American National (lank Spencer Murphy FIIANA/ N/A 1565 W. Main 5t.. Suite 468, Lewisville'i'X 15067 (972) 221.7966 Conventional C'ountryi0de Home Loans Hugh Kelly FlWVA/ Various 2662 N. Joscy Lune #208, C'arrollion'IX 75007 (972) 2452544 FNMA/FIILMC Crain h Co, Mortgage Plus Der Helms Conventional/ Spanish • 614 l;dnumds, Ste 105. Levvisville'fX 15067.3555 (800)121.2509 VA First Slate [lank of Ttsas' ['at Courtney Conventional/ N/A 100 S. Locust, Dentin 1 X 7111,01 (940) 381.7250 FIIA1203K First Federal Savings Ilank or North Ttsas Tom Phillips FIIANA/ Spanish ` 321 W. Oak, Street, Demon IX 76:11 (940) 382.9676 Conventional • N. 204 p • Page Il I f nge 7 or A i' ?5❑ 32 x~C~ 1 ~ AWAY 'r O Participating Lenders/Address Contact Person Mortgage Translators Telephone Number Loans The GM Group, Inc. Sherri Earnest FHANA/ Spanish 2323 N. Central Expay, Suite 110, Dallas TX 75080 (972) 918.0100 Conventional Meru Mortgage Inc.* Dana Reynolds FHANA/ N/A 325 S. Stemmons, Lewisville TX 75067 (972) 539-6733 Conventional Norvvest Mortgage, Inc. Donna Kelley FIIANA/ Various 24301.35 E, Suite 150, Denton TX 76205 (940) 381.0044 Conventional W/appt, Precise Mortgage Services, Inc,* Carol E. I linton FHANA/ N/A 1173 Bent n.,k Dr. Ste. 100, Denton TX 76205 (940) 898.8066 Conventional Provident Bank Grant Jacobson FIIANA NIA 2220 San Jacinto Blvd. Denton TX 76205 940 387.5820 Conventional Reliance Mortgage Co. Richard LaBarbara Conventional/ NIA 120 F. McKinney, Denton TX .%,201 (940) 381.1987 VA BOMAC Home Mortgage, Inc. Company' Brian Wilson FI{ANA/ Spanish 2430 S. 135E Ste, 238, Denton TX 76205 (940) 484.1110 Conventional Superior Lending Mortgage Clint Medford FHA/VA Various 8499 Greenville Ave 02090, Dallas 'IX 75231 (214) 342.9585 Summit Mortgage" Renc6 Fairchild Conventional N/A 519 S. Carroll Blvd., #A, Denton TX 76201 (940) 3812523 j Sun West Mortgage Co. Jeff Bcndig FHA/VA/ N/A 2828 Forest Lane 41125 Dallas 7'X 75234 (972) 241.7477 Conventional Tesas Bank" Jessie Rennoker FIINVA/203K/ NIA 729 Port Worth Drive, Dvnton'fX 76201 (940) 383.4600 Conventional World Savings & Loan Assoclatlon Freddy Ruiz Conventional Spanish f 18333 Preston Rd., Ste. 188, Dallas TX 75252 (972) 380-3577 • Pl.1:A5 ' NO -IL: 'i 1115 HST W111 BE IJPUAI'EU AS NFL ED -AUGUST 11, 1998, t 0' 1 % Page l2 k ' rdF~adrs ` : W 26 x I 10 ~ 10 tl 4 ....r.F:o r ~,ri;~: DrAYrre;y+~w d.w.~n.,.,.... ~ I ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL. OF THE CITY OF DENTON, TEXAS, APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON HOMEBUYER ASSISTANCE PROGRAM AND ELIGIBILITY CRITERIA; AUTHORIZING GUIDELINES AMID CRITERIA; AND PROVMrNG AN EFFECTIVE DATEMd PROGRAM WHEREAS, the City Council of the City of Denton recognizes the need to assist low and moderate income families in securing safe, sanitary, and decent housing; and WHEREAS, the City of Denton' participates In a Homebuyer Assistance Program Administered by the City of Denton Community Development Office and funded through a f federal grant from the Department of Housing and Urban Development; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HERESY ORDAINS: TIr oN I. That the City Council approves the Homebuyer Assistance Program Guidelines and Program Eligibility Criteria which Is attached hereto and made a part of this ordinance for all purposes as Exhibit "A" and Authorizes the City of Denton Community Development Offce to administer this program, U TIC II. That the City Council authorizes the expmnditure of funds in excess of $15,000 by the Community Development Office for projects meeting program guidelines and criteria, subject to compliance with competitive bidding laws where applicable. SECTION III. That this ordinance shall become effective immediately upon its passage and approval, PASSED AND APPROVED this the day of 1998 I; JACK MILLER, MAYOR ~ f ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. C • t o APPROVED AS TO LEGAL FORM, HERBERT L. PROUTY, CITY ATTORNEY 1 BY: /.ti4H DE►Pt4iDo~vmMPOrQin~neaWWan~luyeAnWnahnrm OvQ~n+nn,loa Peg! I3 ; . I ..':~a'Yr rl~1 C x 1 0 32X10 A 0 r AM" Agmh No AGENDA INFORMATION SHEET AGENDA DATE: October 6, 1998 DEPARTMENT: Planning and Development CM/DCMIACM: Rick Svehla, Deputy City Manager SUBJECT Consider approval of an ordinance to adopt guidelines for operation of the City of Denton's Romeowner Rehabilitation Program for the purpose of reauthorizing expenditures in excess of $1$,000 for projects meeting program guidelines and criteria. BACKGROUND This ordinance approves guidelines and eligibility criteria for the 1998/99 Homeowner Rehabilitation Program, Passage of this ordinance reauthorizes rehabilitation project payments that exceed $15,000 when the project meets the program's eligibility criteria and guidelines. City Council awarded $313,211 from CDBO and HOME Prant funds for the 1998 Program year as part of the City of Denton 1998 Action Plan for Housing and Community Development. Staff estimates 12 low- and moderate-income households in targeted neighborhoods will be assisted. Additional funding sources include a grant from the Federal Home Loan Bank of Dallas and owner-provided funds from personal bank loans. All rehabilitation projects are competitively bid and property owners select contractors from eligible bids received. For the 1998.99 program year, the Guideline's Qualifying Income Limits are being adjusted to meet HUD's annual qualifying income adjustment. No other significsnl changes to the current-year guidelines are being made. I iO ESTIMATED SCHEDULE OF PROJT The program guidelines will be in effect for owner-occupied rehabilitation projects completed through Seplember 30, 1999. J~o Page I II i t 25 x 10 32 ^ti , S ' ''~'S .fie 3 ~ ~ y 0 v ~I.. urv .utJ V•`•~iA4 a r. n. e.. Orvl •K.rv..u . v `I1 1 PRIOR ACTIONMEVIEW The Homeowner Rehabilitation Program Is one of the activities identified in the City of Denton 1998 Action Plarr for y. oasfng and Community Devylopmenl. City Council approved Denton's 1998 action plan at the May 12, 1948 City Council meeting. F1sr,t. INFORMATION Housing staff salaries related to program delivery will be paid with CDBG and HOW, funds. No general fund dollars are included In this program. FXfi1H 3A r ` 1. Proposed Ordinance s 2. Homeowner Rehabilitation Program Guidelines - 1998/99 Respectfully submitted: avid M. Hill Director of Planning and Developmen! Prepared by: jo, nc L, Bakes using Rehabilitation Specialist I rv ~ • 1 r 4~ . ` is t ' i Page 2 ad 57Ftr)~~~ 75 x .32 x Mu e , 0 HomeC'Mlly Ahap as d% ORDINANCE NO. " AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON HOMEOWNER REHABILITATION PROGRAM AND ELIGIBILITY CRITERIA; AUTHORIZING EXPENDITURES IN EXCESS OF $15,000 FOR PROJECTS MEETING PROGRAM GUIDELINES AND CRITERIA; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, the Cirl Council of the City of Denton recognizes the need to assist low and moderate income families in securing safe, sanitary and decent housing; and , 1 1 WHEREAS, the City of Denton participates in a Homeowrdar Rehabilitation Program administered by the City of Denton Community Development Office and funded through a federal grant from the Department of Housing and Urban Development; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION 1. That the City Council approves the Homeowner Rehabilitation Program d Guidelines and Homeowner Rehabilitation Program Eligibility Criteria which is attached hereto and made a part of this ordinance for all purposes as Exhibit "A" and authorizes the City of Denton Community Development Office to administer this program. SECTION It. That the City Council authorizes the expenditure of funds in excess of $13,000 by the Community Development Ofll,.a for projects meeting program guidelines and criteria, subject to compliance with competitive bidding laws, where applicable. SECTION Ill. That this ordinance shall become effective immediately upon its passage and , approval, PASSED AND APPROVED this the day of ,1998, JACK MILLER, MAYOR 1 t ATTEST:; JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TOLEGAL FORM: HERBERT L"*fROUTYr CITY ATT Y \1 CC U" Ito. 1 .p MMt.' 10 x 10 s Mau" l r . 1 I' a I S i City of Denton Homeowner Rehabilitation 1 j A 1998199 Program Guidelines M 819TI Dahl IMIM • #I wf ,5 x p 32 X i q~ + 0 ' sewer . O , i , • r 7 k 4 A h TABLE OF CONTENTS Introduction Description of Program Procedures Pages 1, Eligibility Requirements ..............................1 IL Application Processing ...............................4 Ill. 0.scription of Financial Assis!ance ...............6 IV. Feasibility for Rehabilitation Process,..,........ I I V. Appeals Provision ....................................14 VI. Contractor Selection and Monitoring .............14 VII. Payments to Contractor .............................17 VIII. Contractor Debarment ..............................18 Appendices Appendix I - Qualifying Income Limits and Ranges for the City of Denton's Federally • Assisted Programs Appendix 2 - Target Rehabilitation Neighborhoods I Map U 32 x d i 0 r , 1 q V INTRODUCTION The City of Denton Homeowner Rehabilitation Program is designed to assist low and moderate-income ramifies in securing safe, sanitary and decent housing, This program's objective is to rehabilitate single-family owner-occupied houses by making needed repairs with the first priority being to correct code violations, The Homeowner Rehabilitation Program Is administer-.d by the City of Demon's Community Development Division and is funded through a federal grant from the Department of Housing and Urban Development, The following pages contain a detailed description of the program including policies and procedures. The purpose of these guidelines is to explain to potential applicants and the citizens of Denton, the Homeowner Rehabilitation Program and its levels of assistance available, For further information or clarification of the guidelines, contact the Community Development Division. r I • Community Development Division 100 West Oak Street, Suite 208 Denton, Texas 76201.4144 (940) 349.7726 ~t A P5 x 10 32XIO 0 , p t o I, i DESCRIPTION OF PROGRAM PROCEDURES Number of people 50%oftheAMI Living In Household Maximum Income limit 1. Eligibility Retqulrseetents - Eligibility regiiremenls must be 1 $30,450 met for hqjh the applicant/household lad for the structure. Eligibility 2 e34,(i00539,150 for assistance is completed in two phases as described in Sections I.A. 3 $43,500 and I.B. below. 4 547,000 S $50,5W + A. AoolicantlfouseholdEl igibditvReauirementsAre: 6 $53,950 7 1. Must be a United States citizen or a legal residers alien. 8 $57,450 2. `dust have owned gd occupied the single-family-dwelling b. Must not have assets (total combined for all household members) in excess of sioo,ooo. !t.,t for not itss than five years NOTE 1 theappraisedsalueoftheapplicant's omeiseadudd 3. Must hold a Fee Simple Title to the property. in total assets calcuta.ion I a. If applievot Is put, hissing their home by a NOTE 2 Annual incorneand asset income are cdcutoted using "contract for dad" (or a like contract), where HUD's most current Section a Income guidelines and rules as { applicant does not gala possession on be property crtablished in the rrchitkal Guide for blelirmining rnrumr deed until all contract agreemeats have beta met, S. Must be in good credit standing with Ili exhibit the ability applicant Is AM eligible for rehabilitation to pay creditors including the following basic housing assistance. The seller IIIHSI provide the purchaser expenses: with a warranty decd on the property to satisfy the eligibility requ4cment of item LA S. above. a. Home Mortgage Payment b. If applicant(s) inherited property, s/he must have the b. Loan payment (when applicant's property is collalcral necessary legal documents drawn up and filed for on loan) record at the Ienion County Clerk's Office which name applicant(s) as the sole deed holder. c. Property Taxes (C'dy, County, blSb) 4. Must meet program's income limits, d. ilonteosmcr's Insurance Policy premiums R a. Gross annual total household income is 80 percent or e. Utilities. electricaVwatcr/sewagc'solid waste and gas • a below the current maximum Area Median Income xx (AMI) Limits, Cunent maximum income limit by 6. Must be eligil-le for a loan to cover part of the cost of the t~ 7 household size is: rehabilitation. 7. Mortgage note balance cannot exceed 73 percent of the 4 property's app aised value as set by the Denton Central ;32Xi❑ ~r . a !'k , A 0 ~xw Appraisal District (cannot exceed 50 percent of the should be based oo the after-rehabilitation structural property's appraised value to participate in the Optional status. Applicant should Inform agent that the Reconstruction Program), structure will be rebabllitued to meet gll current Building, Electrical, Plumbing and Fire-Safety codes. NOTE: The City of Denton reserves the right to request an Applicant tug provide this quote to the Community independent appraisal. Development Division and sign a NOTICE OF INTEN'1 AND AGREEMENT TO OBJA[N A HOAfEOWNER B. PROPERTY ELIGIBILITY REO IRIS FM ;N_fS INSURANCE POLICY to satisfy eligibility required In item LB.7. 1. Must be classified as a single-family-dwelling unit and be situated in a Targeted Rehabilitation Neighborhood within 8. A property that has been previously rehabilitated with Federal or the city limits of Denton (Refer to Target Rehabilitation Stale grant funds in an amount at or above $15,000 is not eligible fur the Neighborhoods Map - Appendix 2). Homeowner Rehabilitation Program. Properties having received assistance at an amount below $15,000 may be eligible for additional 2. Must exhibit building code deficiencies that make the assistance after eight (8) years from the date of the Iasi assistance at an structure unsafe or unsanitary, amount not to exceed 70 percent of the Program's current Maximum Eligible Funds. 3. Must not have existing property code violations (such as 11. Application Processltta high weeds, trash, debris, junk vehicles, etc). Any liens placed on properties for correcting previous code violations A. To be placed on the waiting list, applicants must meet the must be paid in full by the time application processing following guidelines: occurs. 1. Household's total gross annual income does not exceed 4. Must be serviced by a City-approved water supply, sanitary current program income limits. sewer and electrical system. 2. Owner is the occupant ofa single-family dwelling unit for • S. Must meet all of the City of Denton's Land gcvelopmcnt not less than three years. Codas. 3. Property is located in a Target Rehabilitation Neighborhood 6, Must be feasible for rehabilitation as derined in Section [V (see Appendix 2) of the Program Procedures. 4, Applicant must complete a Waiting Usr Application Form 7. Must be covered by an approved homeowricr's insurance and attach a copy of property deed. (Waiting List R policy, Applicatiou Forms are available al the Community • b Development Division, 100 West Oak Street, Suite 208, NOTE: If no applicant's property Is not currently Denton, Texas, 76201.4144, 940.349.7726 Insurable because of lis present condition, the applicant M01 obtain a homeowner's lesursoce policy Ullis B. A completed waiting list application form is assigned the next oe (from may reputable insurance agency). The quote available number on the waiting list in order by time and date tit, 2 In 32 x~ 0 ' C i s i h the completed application is received by the Community D. Applicant must provide all information requested in ILC. above Development Division. that applies to hisher household and complete all required v:rification forms in the application packet. All Information C. 'Alen applicant reaches the top of the waiting list, s/he will be will be verified by Community Development staff, If any notified in writing to complete the application process The information is found to have been intentionally falsified, the letter of notice to apply for assistance requests applicant to application will be rejected and the applicant will not be allowed provide the following items: to reapply to this program. • Copy of Deed or Waranly Deed for the property to be rehabilitated E. Community Development staff will calculate the gross annual (applicant must be deed holder) household income and determine the percent of income spent for Namelmailing address of your mortgage or npany (d you have a housing expenses. mortgage payment) Namelmailiogaddress or your liomeewnerinsurance policy with 'pad F. Community Ivelopmeni staff will notify applicant of the Eg"orcanceleddwk financial assistance category he/she is eligible for under the • Current years J1!J Prop" Taxreceiptsfrom Ql0, it and nt program guidelines. Applicant will be notified that final tacos eligibility for assistance is determined upon completion of the • Most current Notice of Aowaised value from the Denlon Central feasibility for rehabilitation process. Appraisal Districl Current ember who year's filedd tax returns Return cum w2j for ga4h household rnemDe Ilt• Description Of Flnanclal Assistance Cotsgorlas • Social Security number(s) for household members who receive Social Security benefits A. Applicant most be eligible for a loan from a participating • Most current Income statement(dyou receive Social Securiybenefrts) tender. Applicants will obtain pre-qualification, Applicant will • Paycheck stubs for last four weeks for each employed household be required to accept a loan amount up to 20 per cent of the total membef project bid to contribute toward the rehabilitation of the • Employeismameladdressl9reaohe. giovedhouseNAinern property. Applicants denied a loan from a participating lender Narmand addresses of re lircumeoranyotherinoomssources due to unacceptable credit history will be ineligible for A (A:1 INCOME SOURCES MUST BE DISCLOSED--RETIREMENT, assistance through the City of I)cnton's flomcouncr RENTALAW INCOM E, AF DC, FOOD STAMPS, ET C. ) Rehabilitation Program. • dvoroe deaee N you receive child'other support from a dnorce gr it you were awarded deed to your properly through adivorce Fs. ilia City of [knton will fund the remaining project cost (total • ba accounts, etc s, etc for III ~ h ouseselawM banks, me mehilmbers credit whunions, o have e sa any of d project cost, less the amount loaned to applicant from lending banks, , IPA axo. these ypes of accounts institution). this part of the project cast has four fnancial ® Bills for the last six months from Lone t Gas e d t lit (II assistance categories for those who qualify for the I lomeouncr • you don't have teslsismonths tolls, Lone Star Gas OR City ofOenlon Rchabditation Program These categories are based on the a Utilities Or mail you a sum Please make sure the summary has Qualiblag Income I.imits and Ranges for the CHil of ti,yt your current balance stated) Denlon's Federally Assisted Programs (see Appendix I to these guldelloes for current Income limit ranges). A Adeadline for contact and submissa of all information will be enforced description of the financial assistance categories and their r requirements are: ~I I r e 0 J based on 20 percent of the total project cost amortized 1. 70 Percent Rehabilitation Loan 130 Percent Deferred Payment over 120 months. The lien will not be released on this I=: Applicants whose gross annual household income part of the loan until all 120 payments are received in falls above 65 percent up to 80 percent of the area median full by the City of Denton; and family income limits will qualify for this two-part loan; b. a QtjsIIed payment loan with the loan amount being a. a 3 percent interest loan with the loan amount being based on 80 percent of the total project cost. A based on 70 percent of the total project cost amortized detailed description of the deferred payment loan is over 120 months. The lien will not be released on this found at the end of section II I,BA. part of the loan until all 120 payments are received in full by the City of Penton; and 4. 10 Percent l;chabj amlion ; oan t 90 Pcnent b^fegytrytncii Low. Applicants whose gross annual household income b. a deferred payment loan with the loan amount being falls at or below 30 percent of the area median family based on 30 percent of the total project cost. A income limits will qualify for this Iwo-part loan; detailed deschplion of the deferred payment loan is found below at the end of section 111,13,4. a. a 3 percent interest loan with the loan amount being based on 10 percent of the total project cost amortized 2. 40 Percent Rehabilitation Loan 1 60 Percent Deferred Payment over 120 months. The lien will not be released on this Lm: Applicants whose gross annual household income part of the loan until all 120 payments are received in falls above 50 percent up to 65 percent of the area median full by the City of Penton; and family income limits will qualify for this Iwo-part loan; b. a deferred payment loan with the loan amount being a, a 3 percent interest loan with the loan amount being based on 90 percent of the total project cost. A based on 40 percent of the total project cost amortixd detailed description of the deferred payment loan is over 120 months. The lien will not be released on this found at the end of section 110,4. part of the loan until all 120 payments are received in • full by the City of Denton; and *DESCRIPTION OF A DEFERRED PAYMENT LOAN A deferred payment loan shall carry 0 percent interest and b. a deferred payment loan with the loan amount being continue until the applicant satisfies the conditions listed in the based on 60 percent of the total project cost. A promissory note executed prior to project start dale. "ere are detailed description of the deferred payment loan is no monthly payments. Deferred payment loans are secured by found at the end of section 111,B,4. alien on the property. For each month the applicant lives on the property, a monthly payment amount established in a • 3. 20 Percent Rehabilitation Loan 180 Percent Nferred Payment promissory note will be forgiven. If the property is sold or a Leta; Applicants whose gross annual household income transferred before the lien period expires, the applicant is falls above 30 percent up to 50 percent of the mica median credited for every month of residency. The credit is subtracted 'ar family income limits will qualify for this Iwo-,art loan; from the total Io`a amount to determine the unforg,vcn loan balance. The unforgiven balance is owed and becomes due to c a. }-Urcent interest loan with the loan amount being the Community Development Program upon sale or rental of the 3 Z x I O a o property. Amounts received are used as program income. The be initiated. The City will make every effort to work with City of Denton will be in the first lien position on all the applicant to avoid foreclosure and will examine each rehabilitated dwellings. However, in situations where first lien situation on a case by case basis. position is not feasible, the City will accept a second lien position subject to the review and approval of the Community E. Repayment Policy `nr Financial Assistance: The applicant must Development Administrator. The lien will not be released agree to have a rcn placed on their property until they have unless the following conditions are met: satisfied the req rrem v of the promissory note. the lien will remain until the I n ha 'seen paid in full. In the event of death I. The applicant must reside in the unit for the full period of of the loan recp the balance due according to the the lien. Promissory Note must be paid by whomever becomes the legal owner. If for any reason the loan recipient decides to sell or rent the property before the lien's terms are all met, the note's 2. The property must be maintained to meet City code balance will become due at the time of the sale or upon rental requirements. F. Liens will remain in effect until the grantee has met all 3. Mortgage payments must be melon a timely basis. requirements as specified in the promissory note. In the event of the sale of the property, any unpaid balance of the loan and any unfotgiven portion of the deferred payment loan will 4. Home applicant must provide documentation of adequate become due immediately. If, in the event of the death of the 1 homeowner's insurance, including casualty and fire grantee, a family member who meets the Program's income iverage, and the City must be listed as a Mortgagee on the limits should take up residency in the properly, &'he must apply Certificate of Insurance to be notified in case of policy to ti,e Community Development Division for continued cancellation, assistance with the loan. The assistance level will be based on current-year program guidelines and s/he will be required to sign NOTE: T'he Aced of Trust Contract requires the applicant, an Adjustment and Extension of Note and Licn. ® upon completion of the rehabilitation, to maintain and/or purchase, for the full length of time whlch the City or Aentoa 0. If, after the loan payback begins, a household experiences a will have a llen on property, an Insurance policy that: covers 1&rmarien , substantial loss of household income, an applicant all Improvements resulting from the rehabilitation for their can request a review to adjust their current level of assistance, full Insurable value; provide fire and extended coverage, however, in no instance will the payable loan portion be Including windstorm coverage; provides flood Insurance a reduced below the minimum 10 percent payable loan level. The any time property Is In a flood hazard arts. Applicant loss of Income &vg be from an Income-earning Bppikant6 1 agrees to comply at all times with the requirements of the 80 whose income iris used in determining she original foam ~ • R percent coinsurance clause; and keep any buildings occupied assistance category. Please note: Loss of employment d as required by the Insurance policy. (voluntarily or involuntarily) is not considered a "permanent loss', For purposes of this program "permanent loss" is defined X 0 5. If within the period of the lien the applicant defaults on as'. their deferred payment loan or the payable loan, the lien will be called due in full and foreclosure proceedings may 1, death 32' X ~ y~-_v A l~vice~lT its rr,y. 3.rJP1~R.M LILMILL o , 0 l ' i 2. mandatory retirement (must be 62 years of age or older) 3. permanent disability NOTE: The Floodplain dlanagemeni regulations limit the total cost of all non-code repairs for any structure located in a To determine ifa reduction in the loan is eligible, all household designated 100-year floodplam to not exceed 50 petceni of a members must complete all income information and forms as property's (structure only) pre-rehabilitation appraised value as required in Section II - Application Processing. A determination set by the Denton Central Appraisal District. will be made after evaluating the household size and income 3. Detcrmire if the framework and foundation of a structure using the program guideline income limits and financial are stable, or can be made stable through rehabilitation. assistance categories that are being used at the time the request for reduced loan payment is made, If the loss of income places 4. Lead-ba.~~d paint hazard reduction techniques will be used the household in a lower payback category, the loan balance will when lead-based paint exceeds HUD's acceptable limits fur be reduced (which will increase the deferred payment loan lead content in existing paint. The limits for lead content balance) according to current financial assistance category exceed HUD's limits when lead content exceeds I mg per guidelines. When a loan reduction is granted, the applicant must cmr (one milligram per centimeter squared), or 5000 prim sign an Adjustment and Extension of Note and Lien reflecting (parts per million). The reduction techniques used by this the new loan and deferred loan amounts. program are described and found in the U. S. Department of Housing A waiver of these provisions can be requested if the applicant feels & Urban Development's publication, )one, Lead-Based. that their circumstances require special consideration. Section V, of Guidelines For T issued and 5, Program Procedures explains how to request a waiver. Paint Hazards In fl Houusin sing , , issued 1995, S, IV. Feasibility For Rshabllltatlon Process overcrowding? it A. A decision as to whether a mcture is feasible for rehabilitation NOTE: RchabiLtation of a structure will never net fewer is made after a complete assessment of the following factors. bedrooms thae the number of bedrooms a family has before rehabilitation Room additions and improvements to 1. Completion of a detailed inspection of the property by relieve serious overcrowding may be eligible and require Community Development staff is conducted. This the approval of be Community Development inspection includes completing a list of all deficiencies Administrator. The City will follow the standards which must be corrected in order to bring the structure up consistent with the Housing Quality Standards when to minimum program standards (compliance with' HUD'a considering the number of bedrooms needed to avoid Section 8 Minimum (lousing Quality Standards) and City overcrowding. They are, of Denton building codes. ~ N of Occupants in Household b 2. Ietcrmirtciftherehabilitation cost will be effected by: a ((olBeEroorns inim aximu property being located in a designated 10O-year floodplain• 2 1 4 a need to abate possible presence of lead-based paint, 3 3 6 possible historical restoration requirements or can rehab 4 6 6 reduce noise levels if property is in a high noise area. 32 X O B. Using all information obtained in items [V.A. 1-5. above, a cost applicant's reason(s) or special circumstances why s1w beheves estimate and structural evaluation will be completed. A project a waiver should be approved. Requests will be reviewed by the with a cost estimate above Program Maximum Limits is not Community Development Administrator on a case by case basis. eligible for rehabilitation assistance. Applicant maybe referred Applicant will be notified in writing of the Community to Optional Reconstruction Program. Development Division's final decision. C. PROGRAM MAXIMUM LIMITS FOR REHABILITATION B. Appeals Procedure: Applicants who have been determined by A rehabilitation that cannot meet &Uof the following limit tests the Community Development Administrator to be ineligible for is considered cost prohibitive or not feasible for rehabilitation. rehabilitation, may appeal this decision to the Director of Planning and Development Department, A written appeal must I Rehabilitation will not exceed SQ per square foot of total be submitted, living space (using after rehabilitation square footage). The Director of the Planning and Development Department shall 2. Rehabilitation will not exceed N, current Maximum Home issue a written response within fifteen days of receiving the Subsidy Limits for Denton as se, by HUD. request. 3. The after rehabilitation appraised property value plo all Vt. Contractor Selection And Monliorinp costs expended to complete the project (including the bank loan portion) will not exceed the current Single Family All housing rehabilitation recipients are responsible For finding a Mortgage Limit for Denton as established by HUD. Contractor who will develop a proposal to make the necessary repairs OR REHABILITATION to their home. Your contractor's proposal must be submitted to the D. is not eligible for Community Development Division within 30 days from the date you A PROGRAM structure PROGRAM than LIMITS $50o0 FOR needing less MINIMUM needing structure assistance receive the work order write-up prepared by the Community rehabilitation Development Housing Inspector. An applicant who feels that One has been unjustly denied Contact any reputable and experienced conlractar and request a bid rehabilitation assistance under the City's Homeowner Rehabilitation for the required work. + Program should follow the appeals procedure outlined in Section V. IF YOU HAVE ANY 7ItOUBLE FINDING A C'ONTRAC iOR, V. Appeals Provisions: contact any of the following places for assistance: A. Rcgucst for Waive : The City of Denton's Homeowner Your local natter Business Bureau. . Rehabilitation Program has been developed to adhere to a set of Any friends or neighbors who have had remodeling done to their guidelines in order to assure proper administration and properties. management of the ilomeowrer Rehabilitation Program. In the 7 Chamber of Commerce event that an applicant feels that his/her cireemstances icquire Community Development Division C'ontractor's List l special consideration, six can request, in writing, a waiver from the usual requirements. All requests should specify the When a contractor comes to look at your home you should: u requirement(s) to be considered for waiver and state the K 1 iD SU/;W" Y - i • Show him/her the mandatory work items that have been checked and claims of substandard workmanship will be cause to identified by the Community Development blousing inspector. declare a contractor ineligible. The contractor must also submit all • Advise him/her that the bid proposal must be returned to you or required proof of insurance fonns and bonds (if applicable). Failure the Community Development Division for submission to the to submit these will result in rejection of the bid proposal, rehabilitation program on or before the due date. Once the contractor has been selected and approved, a contract DO NOT SIGN ANY AGREEMENT WITH THE CON] RACTOR. agreement must be signed. Before the contractor can start work, the Bring the contractor's bid proposal to the Community Development applicant must issue a notice to proceed. Division at 100 West Oak Street, Suite 208, where you made your original application. The Community Development Housing The contractor's work will be monitored by the applicant, the Rehabilitation Inspector or Housing Rehabilitation Specialist will Community Development staff and the City of Denton building code review the proposal to verify that; inspector. If the applicant considers any work dune by the contractor to be unsatisfactory or incomplete, the applicant should advise the I, The contractor is licensed and has all City-required insurance contractor of the discrepancy and ask that it be corrected. In the coverages. event a dispute exists between the applicant and the contractor with respect to the rehabilitation work, the City shall lake appropriate it 2. All L luired improvements have been included in the bid, action in accordance with the provisions of the construction contract to assure that the applicant is satisfied before making any payment to 3. The proposed work is in conformance with the program's the contractor. In the event a dispute cannot be resolved, the Ditectur General Specifications, of Planning and Development shall consider all pertinent facts and shall decide an appropriate course of action to resolve the dispute. 4. All proposed rehabilitation costs are reasonable. Acceptance of Wark 5. the contractor you have chosen has not been disqualified (debarrediiby any local, State or Federal government agency. I. Final Inspection • In order for thu , ontractor to close out a rehabilitation job, a final inspection shall be made by the City of S The bid proposals that are submitted by the opplicait will be Denton building code inspector, the Community Development reviewed by the Community Development Housing Rehabilitation staff, and the applicant, If the final inspection results in no Inspector to determine if the total bid price is reasonable and under additional work or no specified corrections, the applicant shall the maximum allowable amount. THE CITY OF DENTON AND sign the contractor's release form which states that all work has 111E Applicant RESERVE THE IUGIDr TO REJECT ANY AND been completed to their(applicaot's) satisfaction. The building ALL BIDS. code inspector shall sign a final inspection form to confirm the • same. At this time, the contractor is required to submit to the If the bid proposal selected by the applicant is approved by the Community DevelopmentMisioncopies ohllwarranties and xxb Community Development Administrator, then the Community releases of liens from subcontractors and suppliers. Community i Development staff shall proceed with the review of all other forms Development wall not authorize payment to the contractor until ff submitted by the contractor. Any contractor whose name appears on these documents are properly completed and submitted. the most current HUD orCity of Denton Debarred Contractor's List Community Development staff will make copies of warranties + will not be eligible to participate in this program. References will be and other documentation. The ap?hcent will receive original 352 X 0 0 4 Nam" warranty and guarantee documents. The Community Development Divisionaillretain copies of these documents for A contractor will be declared ineligible to participate in projects the file. funded by the City of Dentun%, Homeowner Rehabilitation Program for one or more of the following causes: 2. Warranty of Work • As slated in the rehabilitation contract, the contractor shall guarantee the work performed for&periodof at 1. Failure to complete a project within the prescribed contract least one year from the date of final acceptance. The contractor period, will re(um in thirty (30) days and ask the applicant if any additional repairs are necessary. Any deficiencies or necessary 2. Failure to complete warranty repairs within a reasonable time repairs to specified work will be completed at this time. If no period. repairs are needed, the contractor will request that the applicant release the contingency payment. 3. Failure to use licensed plumbing and electrical subcontractors. VI. Payment To Contractor 4. Failure to obtain City-required insurance, i.e., general contractor's liability, automobile liability and builder's risk (if The contractor shall receive payment, minus contingency amount, for applicable). all completed contracts within 15 working days after final inspection approval. The contingency amount equals 10 percent of the total 5. Failure to complete work in accordance with program contract amount and will be withheld for thirty (30) days. After specifications and'oe accepted standards of workmanship. thirty days, if no additional or warranty work remains, the contractor must request from applicant an approval to release withheld 6. Failure to pay all subcontractors working on the project contingency funds. appropriately and/or by not submitting affidavits of payment signed by all subcontractors. A contractor may request interim payments throughout the course of the project. Interim payments will be made available to the 7. Failure toobtain proper permits for work in progress. contractor upon applicant and inspector approval of any contract work that has been completed , Contractor will submit a 8, Failure to treat applicants with respect and courtesy, CONTRACTOR REQUEST FOR PAYMENT AND PERIODIC STATEMENT from the applicant when requesting payments. Contractors will be notified of their proposed debarment and will be afforded the opportunity to comment or appeal the action, All An "All Bills Paid" affidavit and release of lien from ali appeals must be made in Aiitina to the Community Development subcontractors and suppliers must be submitted by the contractor to Division by the 15th day from the date of the notification letter. the Community Development Division before final payment can be released to contractor. All electrical, plumbing, mechanical and Contractors debarred from the Homeowner Rehabilitation Program i roofing permits and termite inspection report must also be submitted may no longer coniact applicants receiving CDBG or I IOME grant *ppi to the Community Development Division prior to releasing funds with the intent of providing a bid for a project, contingency payment to the contractor. r N VII. Con rector Dabarm n ,ii i 32X sonsam~ Now • ! 1 y ~l J ~ r $ 1 ( 1 t, f O , ! taaiaaa % a , ~ t ' s 1 , . ~ r h APPENDICES Appendix] Qualifying Income Limits and Ranges for the City of Dentods Federally Assisted Programs Appendix 2 Target Rehabilitation Neighborhoods Map • i R A 1 2:5 X 10 32XIO - o , t i APPENDIX 1 For Guideline Year 98/99 Qualifying Income Limits and Ranges for the City of Denton's Federal) Assisted Programs 70% Payable Loan 1 40% Payable Loan 1 20% Payable loan 1 10% Payable Loan I Family 30% Deferred Loan 60% Deferred Loan 60% Deferred Loan 90% Deferred Loan 4 Sire 80% AM - <65% AMI 65% AMI - <50% AMI 50% AMI - <30% AMI s30% AMI 1 $30,450.$24,751 $24,750 - $19,051 $19,050 - $11,401 - --$11,400 or Below 2 $34,800 - $28,301 $28,300 - $21,751 $21,750.$13.051 $13,050 of Below 3 $39,150 - $31,851 $31,850 - $24,501 $24,500 - $14,701 $14,700 or Below 4 $43,500 - $35,351 $35,350 - $27,201 $21,200 - $16,301 $16,300 or Below 5 $47,000.$38,201 $38,200 - $29,401 $29,400.$17,651 $17,650 or Below 6 $50,540 - $41,001 $41,000.$31,551 $31,550 - $18,951 $18,950 or Below 7 $53,950.543,901 $43,500 - $33,751 $33,750 - $20,151 $20,250 or Below ' 8 $51,450 - $46,651 $46,650 - $35,901 j,900.$21,551 $21,550 or Below i In these two-part loan categories the: PgLble Loaa is based on a percent or the total cost to rehabilitate or reconstruct amortized over 120 months (10 years) at a 3 percent interest rate (APR) • 8 Deferred Pa) meal Loan is based on a percent of the total cost to rehabilitate or reconstruct and carries a zero percent interest rate. The deferred • e payment loan continues until the applicant satisfies the conditions listed in the Deed of Trust and Promissory Note (executed prior to the project ' start date . There are no month) payments. Deferred payment loans are secured by a lien on the property. The lien is for 120 monks ILOyears ffi Y J Homeowner Rehabilitation Program Effective Date 10-01.98 2 5 x ~ 32X I❑ • o IN=gvn . 0 s Add APPENDIX 2 1 n. ~ I Denton, Texas A Target Rehabilitation a ill• iw =i••Y Neighborhoods Map VII. Y.Ir.r In- T.n, D•..a -i Im p. f ~.-^I poll T'4. PR .2 : O..lal_j Clamlr_ 1 i Wr•1 a •_1 L Un1L~r.. ISfnl .r Or.l Or. i e i 1•• 4 e r '.nE n_~ ~i-Jktilil RW{•L IIr ••a _ ~h a L•mlelf/• -4,; a ! ~C• AI•r • a ; 1•WILTr iWye y_ YtJplll.o C . e i ;i ~ tM~ In t Vlal Clr. %~jt\ • e'r-G ~y1.rr I J / {r 1 a l -2 W- r`~ 3~ i h6gr'- eAMt77 1, i • A S In~I H1i{ Q r-~ In_9 1a tlEeflli_ A~/~~t. r Ida- a And Mt. ._.LmrH ' f 'r/ •Lllu1T~.! 1 .lam 1 NAA,111 MIS of 1 . lfannrlm _CaM61Y_ •e Wage gm,% • 1140 _ ltralar Ad { ~~}IniLf Iy 1 uaw •na a nr _1~+wtr.~ yn Y rl O'A' a^~ L~YT~' j o s la c I 1 _-1 SYlan E / .NM✓ fL..~ @y i /..111 Mawr u .•fl.a~ _..}.min •rN i. UA[Vamftat_✓ Ilmenear t .r. ....1a,-ry Yf•2kY..br tmu► ECt•,• ~ i= IN ,4.rV Ttty • _C{tl {Ila__.-.~ li ~i a SIrIvajm* f t•r•ryy ' ■ -_~call•m Lam'--~.~'~•, IOlar. Y • ■ AN -~uieant • 61fY--- r•- Mew .,r -Suit! ! w • 11 a IAC,nf C.8I111 to 4 N•wI L lMf._n_S u I~ Il Ir rte. i4 1 -04I 1,1 P117411 l• a 7~13a4.1,. I1 , ulLplli~T•~L~Le10 nfltu 011►I'Clrl•typli 0 Al X S1 LLOrr nlN r •.ae ~j" { luN~% i ~I, a•n1 + ~ 4 i RC.y~ 'F MrN•rr Yl4 F•I Muf•►111 {rl err. * L 1 , li~ r y ■ '1 • , Ltrilrr'_ I In In 1 4 w -a0yi` is e ti~_. Ii T•~~ yyl 1_ ba1rL 1 J • RIa e ~ • t'C N ^ n _/I •---+I L~ e a _ICIIR{IR.y1WWII I r ayrl n• NO [ 1 W 4 a a TttBm~J n a_ h 11 ~ C11NtY1 ~ ICI • I ~ I ~r Llrl t i i Ml,r anf ur-L-~ r y e ~v wll IFr Ir1n~l•~ a•Ilu~ 1kM•Ole•N j ..1_~~ f 2llla[ I to +QN.eRr/ i tit C, A a, RIO" I I ~ l1 _~~uLea.IJ q W ' J I Q1 , .i 7 I4 480 !fie' l__Mit•c 004 11 '~/_~j11n~ w tpe..rt1._ S • I ~ ~ I 1 ~ I AN CC Ur No. 1S 25 , 10 32 x I Q i s a .tgaada No.__... Ageida Item nn-a-//``AA AGENDA INFORMATION SHEET AGENDA DATE: Wooer 6, 1998 f DEPARTMENT. Planning & Development CM/DC4UACb1: Rick Svehla, Deputy City Manager 11`h SUBJECT Consider appeoval of an ordinance to adopt guidelines for operation of the City of DentoKs Optional Reconstruction Program for the purpose of reauthorizing expenditures in excess of $.5,000 for projects meeting program guidelines and criteria. ,r3ACKGRQJ! YID This ordinance approves guidelines and eligibility criteria fi: operation of the 1998/99 Optional Reconstruction Program. Pasw,, a of this ordinance reauthorizes rehabilitation proje. payments that exceed SI5,000 when die project meets the program's eligibility criteria and guidelines. City Cuuncil awarded funds frot.i HOME grant funds for reconstruction of owner- occupied properties in the City of Denton 1995, 1996 and 1997 Action Plans for Housing and Community Development. Staff estimates 6.5 projects can be completed with the current program fund balance of $322,353. Low- and moderate-income households in ta%,cted neighborhoods whose properties are not feasible for rehabilitation will be assisted. Additional funding sources include a grant from the Federal Home Loan Bank of Dallas and owner-provided fun&, from perm,nai bank loans. All reconstruction projects are competitively bid and property owners select contractors from eligible bids received. For the 1998.99 program year, the guideline; `Qualifying Income Limits" are bring adjusted to meet HUD's annual income adjustment. No other significant • changes to the current-year guidelines are bei,-.g made. E 1IMATED S: HF.DULE OF PROJECT The program guidelines will be in effect for reconstruction projects completed through September 30, 1999. Page 1 ` . a5 10 32x ❑ 0 0 L r I ' PRIOR ACTION/REVIEW City Council approved the Optional Reconstruction Program activity in the City of Denton 1995, 1996 and 1997 Action Plans for Housing and Community Development FISCAL INFORMATION Construction costs will be paid for with HOME, Federal Home Loan Bank and personal bank loans provided by property owners. Staff salaries related to project delivery will be paid from HOME and CDBO funds. Proposed Ordinance 2. Optional Reconstruction Program Guidelines - 1998/99 Respectfully submitted: Dagd-M Hill Director of Planning and Development Prepared by Nancy L. Baker Housing Rehabilitation Specialist r o' s r 1 I' 4 Page 2 10 10 7 Y Alma 32 • ,orlmw ~ } r, , A 1 N e , py,ionil Recnn,truetion GuiAdinn Odbz 'I ORDINANCE N0. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, - APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON OPTIONAL RECONSTRUCTION PROGRAM AND ELIGIBILITY CRITERIA; AUTHORIZING EXPENDITURES IN EXCESS OF SI5,000 FOR PROJECTS MEETING PROGRAM GUIDELINES AND CRITERIA; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton recognizes the need to assist low and moderate income families in securing safe, sanitary and decent housing; and WHEREAS, the City of Denton participates in a Housing Rehabilitation Program administered by the city of Denton Community Development Office and funded through a federal grant from the Department of Housing and Urban Development; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council approves the Optional Reconstruction Program Guidelines and Optional Reconstruction Program Eligibility Criteria which is attached to and made a part of this ordinance for all purposes as Exhibit "A" and authorizes the City of Denton Community Developmcnt Office to administer this program. SECTION 11. That it authorizes the expenditure of funds in excess of $15,000 by the Community Development Office for projects meeting program guidelines and criteria, subject to compliance with competitive bidding laws, where applicable. SECTION III, That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1998. ; 'Ok JACK MILLER, MAYOR ATTEST: ' Y JENNIFER WALTERS, CITY SECRETARY BY.' APPROVED AS TO LEGAL E0W HERBERT L. PROt'Jf~Y;CI TTORNEY ; CC P tie. I a. t 10 10 ~ 32X • 1 1. R CITY OF DENTON OPTIONAL RECONSTRUCTION PROGRAM GUIDELINES - 1998/99 ' sM1 f1 IeOna OW441" UK" Iwo ►p 1 CC Page 1%. 4 AN .5 32), rosarea ~ _ ~ '>n ~ , l 1 i TABLE OF CONTENTS I Purpose , ,.........,,.........,Page II. Designated Authority ..............Page l 111. Implementation Process Page I , ; . < t IV. Eligibility Requirements .....,,..,......Page 3 V. Feasibility For Reconstruction ....Page 4 Pa e 4 l Vl. Selection Of Recipients For Assistance . g VII. Allowable Expanses And Categories Of Financial Assistance........ ...Page 4 VIII. Rehousing Agreement . Page 6 IX. Final Inspection • Cenificate Of Occupancy....... . ...............Page 6 { APPENDIX L Program Income Range Table . .............Page 1 APPENDIX ]I: Application And Temporary Relocation Questionnaire Page 8 APPENDIX III: Rehousing Agreement For Appli •snls . Page 9 APPENDIX IV; Target Rehabilitation Neighbonc~ ods Map . . .........Page l l i y t 1. + ~ , , r; ~ ! t I 'a ~ ei , i . Inpnm Ov"nn 9"v 16010 hN 1 CC Oaq~ tao. ! ~y~ ~ , . Ik r~ l n I, - - r ~Tr '.M+, u; 25 " O 32 X ! 0 0 CITY OF DENTON OPTIONAL RECONSTRUCTION PR0ORAM GUIDELINES 4 Unless herein stated otherwise, the general with the City of Denton's community ` operating procedures contained in the City of Development Division. This office will t Denton's Community Development Eomeowner serve e..s the approving office for Rehabilitation Program Guidelines will be rehousing agreements and for contractual followed. and budget changes as needed for project completion. B. The Community Development Administrator I. PURPOSE will have the responsibility for final determination of the amount of A. The City of Denton, Texas, will provide reconstruction assistance to be made assistance necessary to accomplish the available to individual applicants in reconstruction of dwellings not feasible accordance with the implementing for rehabilitation. The optional procedures. Reconstruction Program will provide funds to demolish existing dilapidated C. The Community Development Administrator dwellings and reconstruct adequate, will be responsible for approval of decent, safe and sanitary replacement applicant eligibility for the program dwellings. In addition, the City v:ll and final approval of selection of also promote the elimination of slum . 4 applicants to be assisted. This will be blight that exists in the City. based upon relative need of applicants on the City's list of houses that have 8. Reconstruction payments and assistance been determined Infeasible for will be carried out under the City of rehabilitation ender the City's Denton's Community Development Program Homeowr.e,, F.•`abilitation Program. • as an eligible expense from project funds. Assistance shall be subject to the availability of grant funds and U.S. III. IMPLEMENTATION PROCESS Department of Housing and Urban Development (HUD) implementing Steps in implementing the program will be E regulations. Administrative procedures as follows: f will be modified to meet any change in • rules and regulations of HUD that may A. Community Development Division maintains occur over time. the list of applicants to the Homeowner + e Rehabilitation Program. When a 1gy determination has been made that the structure is not feasible to 11. DESIGNAM AUTHORITY rehabilitate to minimum standards under o the City's Homeowner Rehabilitation A. Administrative authority for Program. Eligible applicants will be implementation of the program will rest assisted in the reconstruction of their r,opnT GWWI 1444 1"I" r.q3 J~~ , f 1 32 x ~ ~■r 0 0 Ih • home. They will be assisted in the Program goals would be endangered due to Homeowner Rehabilitation Program Waiting cost overruns, the applicant's request List order. may be denied. The applicant will be notified in writing of the determination 8. Applicant is notified that the and, if the request is not approved, the rehabilitation of the structure has been reasons for denial. When the determined to be infeasible. determination is approval of the Eligibility requirements for the applicant's request, a Notice of optional Reconstruction Program must be Approval will be sent informing the met for applicants to be placed on the applicant that the City is authorized to Y optional Reconstruction Program waiting enter into a rehousing agreement with list. the applicant for a specified Replacement Housing Payment determined C. Staff evaluates applications for appropriate by the city pursuant to its reconstruction assistance as specified Reconstruction Policy. Prior to any in Section VI. Staff processes agreement being executed between the applications as possible under funding applicant and the City, the Community and staff limitations. Development Division will comply with the public disclosure and D. Applicant is informed of available notification/authors-zation to and from assistance. HUD requirements according to 24CFR Part 70, Section 104(d~, Reconstruction and I E. Applicant submits a Replacement Housing One-for-One Replacement Housing Assistance Request, acknowledging Re,:-.irements. receipt of information explaining the City's program, and requesting G. A Rehousing Agreement is executed reconstruction assistance to enable between the applicant and the City, applicant to obtain suitably and under the terms of which the applicant adequate housing. Agrees to move permanently and • voluntarily from the dwelling on or F. Community Development Staff determine before a specified date. whether or nut approval of applicant's Repla-.ement Housing Assistance Request H. Community Development Staff will provide reasonably may be expected to result in counseling and assistance as needed to the successful and feasible rehousing of applicants in order to facilitate the i the applicant. In cases where the applicant's rehousing, including applicant's general health or income referrals to builders, suppliers, etc. • a level would preclude his or her adequate and responsible operation of a I. The applicant and the community replacement dwelling; and/or cases in Development Division agree to the g which the costs of the replacement arrangement and method of the approved dwelling would be substantially above payments, the applicant will execute a the costs of typical cases; and to the contract with a build:r for the selected extent that the probability of the City replacement dwelling. The applicant reaching its Community Development wil: also contract for the demolition of PMOMM OWWAr*9 re.a„ Mim Ip'! 32111 o ' 0 is the substandard dwelling and for lot and B. Applicant was rejected for site clearance and preparation. rehabilitation assistance on the grounds that the dwelling was not feasible for J. When appropriate, the applicant rehabilitation. voluntarily vacates the substandard dwelling. C. Applicant is the owner-occupant of the dwelling for which rehabilitation K. The replacement dwelling is constructed assistance is being requested and sihe on the same lot as the original and is resides within a Target Rehabilitation inspected by the City Building Neighborhood (see Appendix 4). The Inspections Division to determine dwelling has been the applicant's adequacy and compliance with City codes, principal residence for a minimum of e years prior to application for L. City certifies that the replacement rehabilitation assistance. dwelling is decent, safe, and sanitary and ready for occupancy. City Issues a D. Applicant has presented proof of final building inspection. ownership by General or Special Warranty deed (City staff verifies proof of M. Applicant accepts replacement home. ownership through a title search N. A formal closing ceremony is held and E. An existing mortgage note balance cannot applicant acknowledges receipt of exceed 50 percent of the property's payment schedule. current appraised value as set by the Denton Central Appraisal District. 0. Upon completion of all actions in (Note: The City of Denton reserves the regards to reconstruction, applicant right to request an independent acknowledges in writing that all appraisal.) M payments, assistance, and conditions of the rehousing agreement have been received to the applicant's satisfaction. F. Applicants shall provide complete and P. Applicant occupies replacement accurate information regarding their structure. household composition, household income, and housing situation. Failure to disclose information that may affect 0 IV. ELIGIBILITY REOUIREMR.XT eligibility requirements shall also • constitute fraud. Applicants shall be Eligibility for reconstruction payments and required to make full restitution to the assistance shall be established as follows: City in the event Community Development Division services are provided to b" A. Applicant has applied for rehabilitation applicants who provide inaccurate or m assistance under the City of Denton's incomplete information in order to meet Housing Rehabilitation Program. eligibility requirements. Requests for I F40VOM W&Mn EIMdM IMIN P"d 32 L1 owl 110 • further assistance will be denied unless A. Initial recipients of this program will restitution is made in full. be taken from the list of applicants residing in structures determined to be G. Applicants must demonstrate that their infeasible to rehabilitate. Additional income exceeds their projected housing recipients will be added durinj expenses. subsequent operation of the City of Denton's Housing Rehabilitation Program. H. Applicants agree to conform to Denton Code Enforcement requests prior to being B. The number of recipients to receive determined eligible for replacement assistance will be subject to housing assistance. Applicants agree to availability of funds. maintain dwelling and exterior grounds in accordance with applicable city C. Applicants will be placed on a waiting ordinances. list for reconstruction assistance based on the time and date they originally 1. Applicants are inquired toattend the appl.iad to the Community Development Successful Homeownership Workshup, with Division for rehabilitation assistance. emphasis being placed on maintenance, budgeting, cost effective decorating, and responsibilities of home ownership. VII. ALLOWAILE EXPENSES AND CA2E00RIE8 Ot ZIMANCIAL ASSSSTANCE J. Must apply for a loan to cover part of the cost of the reconstruction. A. The primary form of assistance to be provided will be the use of Federal HOME grant funds to pay for the cost of the V. FEASIBILITY FOR RECONSTRUCTION replacement dwelling and costs related to replacing a substandard unit. Feasibility for reconstruction is based on determining III related costs to complete B. Room addition(s) to relieve serious • a reconstruction project. Total project overcrowding may be eligible. In costs cannot exceed the maximum amount general the City will follow the allowed as set by the current Section standards consistent with the applicable 221(d)(3) Lowest Home Per-Unit Subsidy Housing Quality Standards described at Limits for the State of Texas as set by the 24CFR 882.209(b)(2) when considering the Department of Housing and Urban Development number of bedrooms needed to avaid (HUD). Project costs include, but are not overcrowdings limited to, the cost of demolition, site preparation, cost of replacement dwelling, y title search fee, and/or required City I of / of Occupants in Hou permit fees for construction. Bedrooms Minimu tLdX 2 1 3 3 VI. SELECTION of RECIPIENTS FOR ASDIL TANCE 4 6 Program GuldAn" Mott" INIM lopo6 32 Jx l - - 9 0 IMAM Room additions require the approval of ( 3. Assistance in contractual eompAiance the Community Development Administrator. between applicant and contractor. C. The City of Denton has You FINANCIAL 4. Assistance in inspection of A8819TANC8 CAT9001128 for those who construction of replacement qualify for the optional Reconstruction dwelling, if applicable. Program. These categories are based on the QualifJJLq Snaoae Li~lte cad nane~ 5. Assistance to applicant in evaluation for tl~ n~~l► of Dsn ones risarally_ of future maintenance burdens of hapist_ P_roora ■ Ua• appaadix 1 to various housing options, those guidelines for current income limit ranges!. A description of the F. If, after the loan payback begins, a financial assistance categories and household experiences a permanent, their requirements are found in Section substantial loss in household income,an III of the Homeowner Rehabilitation applicant can request a review to adjust r,uidellnes. their current level of assistance. However, in no instance will the payable D. Allowable expenses will include: loan portion be reduced below the minimum 10 percent payable loan level. 1. Cost of total demolition and The loss of Income must bu from an clearance of the dilapidated income-earning APpIlcantfsl whose income structure, lot clearance, and was used In determining the original preparation of job site for new loan. assistance category. Notes Loss replacement dwelling. of employment (voluntarily or involuntarily) is not considered a 2. Cost to re^onstruct safe, sanitary, "permanent loss". Fo• purposes of this 1 decent replacement dwelling. program "permanent loss" is defined as: 1 3. Other expenses the Community i. death • Development Division determines to be necessary to facilitate the 2. mandatory retirement (must be 62 years reconstruction of the substandard age property, permanent disability E. Cc'&unity Development staff will also p-ovide assistance and counseling to To determine if a reduction in the loan • applicants as needed, including the is eligible, the household members will following: be asked to complete all income ! 1xbt information and forms as required in 1. Inforr+at.ion on the program and Section II - Application processing. A rehousing options available. determination will be made after evaluating the household site and income 0 2. Assistance in soliciting bids for using the program guideline income replacement housing. limits and financial assistance categories that are being used at the 10 32XIO 1~ 1 1' 1 t'. j , WWW" • time the request for reduced loan city which outlines the responsibilities of payment is made. If the loss of income each. The agreement establishes a date on places the household in a lower payback which the applicant agrees to permanently category, the loan balance will be vacate the present structure, agrees to reduced (which will increase the demolition of the present dilapidated deferred payment loan balance) according structure, agrees to occupy the replacement to current financial assistance category structura when structure is completed and guidelines. When a loan reduction is ready to be inhabited, and agrees that granted, the applicant must sign an temporary housing will terminate when Extension of Note and Lien reflecting structure is ready for occupancy as the new loan and deferred loan amounts. determined by the city of Der.on, A vaiver of the provisions of the Optional Reconstruction Program I!. FINAL 11812 TION - CSRTIFICUS Ap OcC4 ANU guidelines can be requested if the The City of Denton will conduct a final applicant :eels there are circumstances inspection of all housing units made that require special consideration. available through the program to determine Section V. of the Homeowner that the replacement unit to approved for Rehabilitation Program Guidelines occupancy and that all items Identified in explains how to request a waiver or a "purch lit-," have been corrected. This appeal a decision. Certificate of occupancy will serve as evidence to HUD of the City's determination that the dilapidated structure has been VIII. Rl 0911NO A0211MENT replaced by a decent, safe, and sanitary dwelling and that the family has been 711 Each applicant assisted through the program successfully relocated. r will sign a rehousing agreement with the i a 41 s s~ > 10 1xCq~ R , aicvv 0 , Ysxrb I I i j i APPENDIX 1 For r;uideline Year, 98/99 Qualifying Income Limits and Ranges for the City of Denton's Federally Assisted Programs 70% Payable Loan 1 40% Payable loan 1 20% Payable Loan 1 10% Payable Loan 1 ~ Family 30% Deferred Loan 60% Deterred Loan 60% Def;rted loan 90% Deterred Loan Sits 60%AMI-<65%AIN 65%AN-<50%AN 50% AN - <30% AMI 00%AMI 1 $30,450. $24,751 $24,750.519,051 519,050411,401 $11,400 or Below 2 $34,800.328,1E i $28,300.521,751 $21.750- $13,051 $13,050 or Below 3 539,150. $31,851 $31,850.524,501 $24,500 - 14,701 $14,700 or Below 4 $43,500.535,351 $35,350. $27,201 $27,200. $16,301 $16,300 or Below 5 $47,000.538,201 538,200429,401 $29,400.$17,';51 $11,650 or Below 6 S54,500. $41.001 $41,000.53 ,W $31,550. $18,951 5111 X50 or Below 7 $53,950.543,901 $43,900. $33,751 $33,750.523,251 020,200 or Below ' B $57,450. $46,651 $46,650. $35,901 $35,900. $21,551 $21,550 or Below 0 In those two-part loan categories that Payable Loan is based on a percent of the total cost to rehabilitate or reconstruct amortized over 120 months (10 years) at a 3 percent interest rata (1YR) pefesxed Payment Loan is based on a percent .)f the total cost to rehabilitate or reconstruct and carries a zero percent interest rate. The deferred payment loan continues until the applicant A satisfies th --onditions listed in the Deed of Trust and Promissory Note (executed prior to the b project start ddte). There are no monthly payments. Deferred payment loans are secured by lien o_n_ the property . _The lien is for 120 months (30 years g G Prognnp„k.nnn Eeu1» IORM ►i9~ v rte. 5 K 1 9 2 x 1 0 r 1 APPENDIX 2 OPTIONAL RECONSTRUCTION PROGRAM APPLICATCN I Your paticpcfwn in ft Optgrel RKOa 1919 Piorem %roWary Recorrlrxlon n,nb as rumpled Tmrefpe the Plo 'em Joel rot coca costs necnssry it nouechard w relocee O.rrmy recarrlr than oipaperty P4ese amp4le Pe bllprme aesl~onne~ a Tnrt nkrm]Iwn v,~n Mp oar eteff n b!erminrrp A ya ' will be erg6s for C.e Op, Mal Rac=IrLew Propem 1, I undrr!tand the! 91e my reVowUilify to wbcals my WOW end Net I am rnpomCa ly e1 costs invokW Io 'o solo 2 1 understand Nat as a result orreconstudON my appraised property velw may inane lvocanoy-- n tlv amount a wAkb tit ewrtly valuedl Yn -No lude~landNatankaeasaNmyprapurywtuemgcauumyprapetytaenb'raaa► byafgnhceNanouM IamMancielypreprad to mti arty [Wessal .-Yet - No 1. 1 urdrs" Nat I am obrg&L ~ to Aaneowrxre inwnnce br % du em of to kn (IQ yen) Psi r* Cdy of DrO wm Psve on m! PF *0 __Y" Pic I S 1 undrstand Net my twmeovrar hrusnce premium wIP most lieah [=am H a result of Na ncomtAm I em avwra Nat my inaura s policy mud cewr Ne aArrecocWhdon eppnised slue of my property, I am MenclaPy prepared to most Nis manse 6 I u Mrdard Nat I must fpueA met my tnsunxe ebmp smJ ud Ne Cily d Demon a a'CMincate NoWar on my potuyl E __Yn --No 1, I undo shred d at TM C ty d Donlon K PmPtd N M emouM d Auda 4vY qr. spend b reconstucl l property I taw been V8W on tese rimbendunOrYandtdmy0COtybrtlNOplons,Reconm PobonPropamAbepftWDrell'IfeNMminadNattobWofanwda - InYOArod t1 raconatuci my property A be of or betas tla a4PMbis program ImL r _Yet __!1W • This APPLICA11014 was completed by on By signing below t am requesting that the City of Denton's Community Development Divisi..l accept this as my epoiicelion to be considered • r. • for the OpVorral Reconstruction P ogram. O • Applicant's S'gnature Date II Pro"" owlellArm [Mc" 1491" lapel ) CC 1PA" ]fo• 31 ' 10 31,_ x PIS 10 s 0 f APPENDIX 3 CITY OF DENTON COMMUNITY DEVELOPMENT PROGRAM OPTIONAL RECONSTRUCTION PROGRAM REHOUSING AGREEMENT FOR APPLICANTS THIS AGREEMENT, made and entered into on (Date document will be signed), by and between the City of Denton, Texas, and (Name r •plicanl signing documenQ hereinafter referred to as Applicants. This agreement covers the stru:tuic occupied at the following legal address (Legal property description of dwelling to be reconstructed) WHEREAS, The Applicant has heretofore requested and qualified for the Homeow aer Rehabilitation Prugram with assisiance from the City in c 'er to obtain adequate, decent, safe, and sanitary housing under the City's Community Development Block Grant and HOME Program; and WHEREAS, the City has determined that rehabilitation of the Applicant's residence is not a feasible alternative; and WHEREAS, the City has determined that the Community Development Program wig not provide the Applicant relocation payments and assistance necessary to accomplish the voluntary relocation of the Applicant from the substandard, unrehabable dwelling currently occupied into an adequate, safe, and sanitary replacement dwelling. NOW, THEREFORE, the City and the Applicant for and in consideration of the covenants and promises as hereinafter set forth, do agree as follows 1. The Applicant agrees to vacate permanently the currently occupied substandard dwelling within 10 days notice by the City for the need to vacate. 2 The Applicant agrees and hereby authorizes the demolition and removal of the currently occupied dwelling and clearance by the City of the property. The Applicant further releases the City from any • and all claims arising from this action. r 3. The Applicant agrees to take possession and occ-jpy the replacement dwellh ; when such dwelling is completed and the City determines it to be ready for occupancy. The Applicant further agrees to sign any required instruments to effect this item. d 4. The Applicant agrees, to provide and bear all fluancial costs ne^essary to relocate Applicant's y household and furnishings without assistance from the City of Denton. IL -A I ( 5. The maximum budget authority for the Optional Reconstruction Program is (Maximum al$0w&ble 1 funds for projecQ, which includes, but is not limited to, property title search fee, the cost to demolish i rroanm OWIMM" l reco" *1110 1pP12 CC IPA" No. Sa 1 iF~1 F ' ?5x10 32x10 1 It 1 I . r 0 i the existing dilapidated stricture and the cost to reconstruct an adequate, decent, safe, and sanitary replacement dwelling on the original site (lot) of the dwelling vacated by the applicant. 6. Applicant agrees to the time limitations as set forth in the Optional Reconstruction Guidelines in which to be moved from the substandard property Applicant's Signature Date 2nd. Applicant's Signature Date CITY OF DENTON: BARBARA ROSS, COMMUNITY DEVELOPMENT ADMINISTRATOR i NANCY BAKER, HOUSING KERA9ILITATION SPECIALIST ~ I 1. 1 s l 1 ~ 'k ! 1 1 1 Irj i ~ li ~1 a v .~F l yy a c 1 14 1 1 "F' l1 1 1 , 1 k~ el, 1 t 5 I Y ` , ' \1 1 1T Iroynn~ OuW~AnN [R~etM NA1A1 hM13 .11 ' 'i CC IV@ go. 1.5 10 1 v t u° I1~ V 1 ' r 6 , o M r APPENDIX 4 ( Isar Denton, Texas 11ll1 ~ 3 ,1,ro F" Tuget Rehabilitation Neighborhoods Map _ i 1 ~ tirl.l ~ MYIea ln,. fil`[ I1 A Wllle. 119n1 -,alll rt• \ ~..1 \y4 Ten yw19/'J "f' !I f A" \\,r •w \ { ~'l~ /9n I,$$ It LY.l IJ fnwlol' ~ I 3 j ,Y• n/Ih'~. UIVIIJ -l llY1. IMi r \C..I Or p ~-ll O• k = w3 Ur Item la ILIA IL91. l aarfaar16w2 9• If r ` I MLW ai 9 CSla • II A•~719n~aTlrt '~-I91 CIO, -..lGahrv,l`Jeti cm, a 44 l~ Injfl11~1 I~'f r~•f ••h ~lr 'a is M..a . 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I I 4pnndi I teal AGENDA INFORMATION SHEET AGENDA DATE, O.tober 6, 1998 ' DEPARTMENT: Planning and Development C1IVDCM1I/ACDT. Rick Svehla, Deputy City Manager I f SUBJECT Consider adoption of an ordinance for operation of the City of Denton's Rental Rehabilitation Program and eligibility criteria, reauthorizing expenditures in excess of SI5,000 for projects meeting the guidelines and criteria. BACKGROUND This ordinance approves guidelines and eligibility criteria for the 1998.99 Rental Rehabilitation Progran-. Passage of this ordinance reauthorizes project payments that exceed $13,000 when the project meets the program's eligibility criteria and guidelines. On August 6, 1996, City Council adopted the amended 1996 Action Plan for housing and community development activities. The plan included the use of $33,136 for the City's Rental Rehabilitation program, The number of units assisted with these funds will range from a minimum of 3 to a maximum of l l single-family rental units locaW in targeted neighborhoods. Owners provide matching funding. The Guideline's Qualifying Income Limits are being adjusted to meet HUD's annual qualifying income adjustment. No other changes to the guidelines are being made, ESTIh1A]'ED SCHEDULE OF PROJECT The program guidelines will be in effect for renter-occupied rehabilitation projects completed through September 30, 1999, Staff will attempt alternative marketing efforts. The Community Development Division's goal is to have all funds expended by 81112000. PRIOR ACTIQNlREYi EW On August 6, 1996, City Council adopted the amended 1996 Action Plan for housing and community development activities. The Rental Rehabilitation Program was an activity included in this action plan. Page 1 I r.. . 2~ IC "vim, K ~U 0 1 FJsc AI INFORMATION The program is funded from the 1996 CDBG allocation and rental rehab program income. BID ISFORMATION Properly Owners will be responsible for obtaining project bids, FZHtDITS . Proposed Ordinance 2 Rental Rehabilitation Program Guidelines - 1998/99 Respectfully submitted Div' Hill I Director of Planning and D:velopment Prepar by: 1 Nancy L. Baker Housing Rehabilitation Specialist I f i 1 q r ~J a i f 1. r p Page 2W , r n r, r 110 32 x t . o 4 I Rewl R04b Ord dx t ORDINANCE N0. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING THE GUIDELINES FOR THE RENTAL REHABILITATION PROGRAM AND ELIGIBILITY CRITERIA; AUTHORIZING EXPENDITURES IN EXCESS OF $15,000 FOR PROJECTS MEETING PROGRAM GUIDELINES AND CRITERIA; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, the City Council of the City of Dentin recognizes the need to assist low and moderate income families in severing safe, sanitary and decent housing; and WHEREAS, the City of Denton has developed a program to rehabilitate tenant occupied housing units by making needed repairs through its Rental Rehabilitation Program, which is administered by the City of Denton Communi y Development Office and funded through a federal grant; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Council approves the Rental Rehabilitation Progmn Guidelines and eligibility criteria attached to and made a part of this ordinance for all purposes, and authorizes the City of Denton Community Development to administer this program. SECTION 11. That the City Council authorizes the expenditure of funds in excess of 515,000 by the Community Development Office for projects meeting program guidelines and criteria, subject to compliance with competitive bidding laws, where applicable. SECTION III. That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of 11998. t JACK MliLER, MAYOR i I t;. ATTEST; JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: cc a.q. No. 3 32x40 i I + I' I 1 _ I r( 7 1 + l1 I I r I + CITY OF DENTON I RENTAL REHABILITATION PROGRAM GUIDELINES + 199$11999 ' r , I I r E, 1 P 1 ' r+ "I CC U94 Mo. 1 IF ' ° f'. f S •~rtu t 1. 1 25 S .mss t 0 TABLE OF CONTENTS Introduction Description of Program Procedures 1. Eligibility Requirements 4. Application Processing III. Contractor Selection, Monitoring and Debam+.:+ it IV. Payment to Contractor V. Financlal Subsidy Mechanism VI. Deferred Payment Loan with a 10% Per Year Forgiveness ' VII. Appeals Procedure VIII. Program Guidelines IX. Minimum Rehabilitation Standards Appendices Current Fair Market Rents Appendix I Application Form Appendix II Target Neighborhoods Map Appendix III r i a r 1 4 - e , ~WW i s~ I % 1 r' CC PA" go, S S f, y 10 MOW" 0 i r M1 , y { Introduction The City of Denton Rental Housing Rehabilitation Program is designed to assist low and moderate-income families in secunng safe, sanitary and d )cent housing. This program's ± objective is to rehabilitate renter occupied housing units by raking needed repairs with the i first priority as correcting code violations. The Rental RehablIKAon Program Is administered by the City of Denton's Community Development Division and funded through a federal grant. The C,)mmunity Development Division is located at 100 W. Oak Street, Suite 208. The following pages contain a detailed description of the program including policies and procedures. The purpose of these guidelines is to explain to potential clients and the citizens of Denton, the Rental Housing Rehabilitation Program and types of asslstance available. For further Information or clarification of the guidelines, contact the Community Development Division at 940.349.7726 t t ` I ;Y I Y46 ~ cc Ips" No. r r` Y. t + k. •rtr ~ r p 25 x 10 32 X I p" r~r n PPP t r . 0 0 i DESCRIPTION OF PPOGRAM PROCEDURES 1. ELIGIBILITY REQUIREMENTS: To be eligible for rehabilitation assistance, the applicant must be a citizen of the United States or a legal resldant alien. Also, the applicant's primary residence must be within the City of Denton. The applicant must be the owner of a rental unit within a targeted neighborhood and should hold fee simple title to the property. The income of applicants cannot be more than 150% of the median income for the Dallas metropolitan area, Below Is a table that Indicates the maximum income 13vel based on family size. Household Size Maximum Owner Income 1 $ 57,150 2 $ 65,250 3 $ 73,500 $ 81,600 5 $ 88,200 The current tenants of the unit to be rehabilitated must be low or moderate income, Low/Moderate Income Is defined as below 80% of the current Dallas area median Income limits adjusted for family size. The following table shall be used to establish a tenant's eligibility based on gross family income and family - size: Household Size Maximum Tenant Income 1 $ 30,450 2 $ 34,800 3 $ 39,150 4 $43.600 5 $ 47,000 6 $ 50,600 I 7 $ 53,950 f p J~o 8 $57,450 ( The tenant's stalvaent of Income shall be verified by contacting the tenant's employer and/or 0WIning a copy of the tenant's latest Income tax return. Annual i Page 4 CC pa" 'Am. 7 - - ; ►vA ^s 5 r 10 32 x I ❑ now +a , 0 Income includes earnings (wages, pensions, etc.) spouse's earnings, interest ( from stocks, bonds, Income from real estate, public assistance, etc, Also Included Is any amount regularly contributed by any other adult member of the family, Applicants must also exhibit the ability to pay monthly property expenses including mortgage payments, taxes. Insurance, utility bills, etc. All property taxes assessed by the various taxing agencies In Denton County must be paid In full. II, APPLICATION PROCES.41NO: Any property owners wishing to apply for Rental Rehabilitation assistance must complete the application and all other required forms included in the proposal packet. All information on the completed applications will be verified by the Community Development staff. If any information is found to have been Intentionally falsified, the application will be rejected and the applicant will not be allowed to reapply. If the applicant is determined to be eligible for the program, a preliminary Inspection will be made of the dwelling unit. The dwelling unit must moot certain standards to be considered eligible for rehabilitation. These standards are listed below: t, The unit(s) must be located within the recognized Rental Rehabltitation Target Area (Appendix 3). 2. The unit(s) must not be situated in the Deslgnnted Flood Plain Area, 3. The unit(s) must be classified as a renter-occupled structure. 4. The unit(s) must be in an existing condition that would permit rehabilitation to bring the structure to meet current City of Denton building codes. 5. The unit(s) must be serviced by a City approved water supply, sanitary sewer and electrical system. I, 6. The unit must be two bedroom or larger. Preference will go to three bedroom and four bedroom units. Prolect Selection 0 1 Project selection will be based upon an analysis of the foiknvfng factors: ( Location of unit. Page 6 k CC Pa" f. f 75 ~ ❑ 32 X 9 SAMWO 1 Number of bedrooms, Owner's ability to obtain private financing. Number and extent of major health and safety violations to be corrected. Tenant displacement (preference given to no displacement) Econo,ric feasibility Amount of subsidy required Owner's Equity In property Potential impact on neighborhood Track record of landlord in low Income tenant placement Management and maintenance capabilities Quality of rehabilitation plan Accessibility or adaptability of unit for handicapped tenants Commitment by landlord to and/or likelihood of low income tenant placement III. CONTRACTOR SELECTION, MONITORING AND DEBARMENT. Contractors participating in the Rental Rehabilitation Program will be selected by the eligible property owner. The property owner will be required to sollcK at least two bids rrom contractors based on the preliminary work specifications completed by the CD Inspector. The property owner shall also bu responsible for supolying all bidders with a Community Development C'ontractor's Packet that Includes Lti contractor Information sheet, performance manual, general specifications for workmanship, all Insurance and bonding requirements, a contractor's rAgibility { certification form and a copy of the preliminary work write-up. Bid proposals and all other required forms from the contractors shat! be Submitted to Community Development Division for review. Acceplable bid proposals must fall within a ten percent (10%) margin of the cost estimate developed by the community development Inspector, THE CITY OF DENTON AND/OR THE PROPERTY OWNER RESERVE THE RIGHT TO REJECT ANY AND ALL BICS, Any contractor whose name appears on the most current HUD Debarred Contractors List will not be eligible to participate in this program, .l Once the contractor has been selected and approved, a contract agreement II must be signed. Before the contractor can start work, the property owner must • issue a notice to prose,3d. 3 The contractor's work will be monitored by the property owner, the Community Development staff and the City of Denton building code Inspectors. if the property owner considers any work done by the rrontractor to be unsatiRfPOtory or incomplete, the property owner should advise the contractor rf the i • discrepancy and ask that It be corrected. Q • Acceptaora of Work Page 6 CC Page Mo. f j r , s , u I . Final Inspection - in order for the contractor to close out a rehabilitation job, a final Inspection shall be made by the City of Denton building code inspector, the Community Development Inspector, and the property owner. If the final inspection results In no additional work or no specified " corrections, the property owner shall sign the contractor's release form which states that all work has been completed to their (property owner's) satisfaction. The I lding code Inspector shall sign a final Inspection form to confirm the same. At this time, the contractor Is required to submit to the property owner copies of all warranties and releases of liens from subcontractors and suppliers. The Community Development ^taff will not authorize payment to the contractor until these documents are properly completed and submitted to the property owner and copies provided to the Community Development Division. 2. Warranty of Work - As stated in the rehabilitation contract, the contractor shall guarantee the work performed for a period of at least one year from the date of final acceptance. The owner Is responsible for periodic review of the work. Contractor Debarment A contractor will be declared ineligible to participate In projects funded by the City P of Denton's Housing RehebilitnUon Program for one or more of the following causes: 1. Failure to complete a project within the prescribed contract period, { 2. Failure to complete warranty repairs within a reasonable time period. 3. Failure to use licensed plumbing and elW,k al subcontractors. 4. Fail-ire to obtain proper insurance, i.e., both liability and worker's E compensation. " 5. Failure to complete work in accordance with progren specifications and/or • accepted standards of workmanship. Failure to pay all subcontractors working on the iroject appropriately and/or submit affidavits of payment signed by all subcontractors. 7. Failure ti obtain proper pormits for work in progress, • • • Contractors will be notified of their proposed debarment and will be afforded the opportunity to comment or appeal the action. All appeals must be made in AdfiM to the Community Development Division at least 15 days after the date 1 of the notification letter. Page 7 cc ft" go. 10 0 IV. PAYMENT TO CONTRACTOR: The contractor shall receive rayment for all completed contracts within 15 working days after final inspecuon and approval of all work. Ten percent (10%) " of the total contract amount will be withheld for 30 days. At the end of this time, the property owner must approve release of contingency fund!;. An "All Bills Pald" affidavit or release of lien from all subcontractors and suppliers must be submitted before payment. Rental rehabilitation partial payment minimum are as follaws: projects over 50,000 at least 10% per draw, projects under 50,000 50% and final payment. V. FINANCIAL ASSISTANCE OPTIQNS: Owners of rental units are provided with two assistance options: 1) Owners will be provided with up to 25% of the amount necessary to rehabilitate the property. Funds will be provided as a 10-year deferred loan. At the end of the 10-year period, if all program guidelines have been met, the loan will be forgiven. 2) Owners will be provided with up to 50% of the amount necessary to rehabilitate the property. The first 25% will be a deferred loan as described above. Any amount over 25% of the cost of the rehabilitation will be a ban with a 2% Interest rate. There will be a 10-year loan term. Option 1 will provide no more than the following dollar amounts: three of four bedroom-$6,000; two bedroom-55,000. Option 2 will allow owners to double that minimum though they must pay back anything over 25% of the total rehabilitation cost. Owners are required to sign a contract and a lien will be placed on the property for the 10•yeaf period. Owners are required b- maintaln ft property and affirmatively market the property to low and moderate Income households. " Ali project funding contributed by the owner will be placed In an escrow account with the City of Denton prior to contract execution. • The owner must aiso comply with the terms of the note and mortgage that indude the following: 1, No conversion to condominiums or any type of cooperative ownership for the 10-year duration of the lien. 2. No discrimination against tenants receiving Federal, State or local rental • assistance for the 10-yeardurstlon of the lien. • 0 3. The project must be maintained according to adopted City of Denton building codes In effect dwing the year In which the rehabilitation took place. Page 9 CC Psi" No. 11 k 3?_x~CJ 25 El O 4. The owner must affirmatively market vacant units for the ten-year duration of the lien. 5. The unit vrill be made available and leased to persons whose income Mess than 80% of the area median Income. If the owner violates any of these restrictions, the entire amount of the loan less 10% for each full year after completion of the rehabilitation of the units until the time of default, will be due and payable in full immediately after the owner is notified that the loan must be repaid. VI. PROGRAM GUIDELINES: 1. Property owner agrees to comply with all HUD requirements to not discriminate upon the basis of race, ethnlcity, religion, gender, disability str.:us or family status in the sale, lease, rental, or use of occupancy of the subject property. 2 Property owner agrees to not award any contract hj, rehabih,utW,) work to be paid for In whole or In pzrt with the proceeds of the grant, to any contractor who, at the time, Is ineligible under the provisions of any ( applicable regulations Issued by the Secretary of Labor, United States Department of Labor, or the Department Lf Housing and Urban Development to receive an award of such contract. 3. The tenant will continue to occupy the premises during the rehabilitation. Any tenant required to move temporarily or permanently as a result of the rehab .nation', must be paid relocation/displacement o)sls as outlined in the City's Tenant Assistance Policy. 'Any displacement Including tenants who move out as a result of their inability to pay Increased rents, are considered displaced. Displacement costs a•a the responsibility of the property owner. • 4. Property owner agrees that existing house utility services will be made available to the contractor without charge as follows; electricity, gas, water and telephone (local tails only). 5. Property owner agrees that the City shall be the agent for the owner and as such agent shall hold both the owner's private funds and all grant funds in • escrow k r the purpose of disbursement thereof to the contractor, p 6. Property owner agrees that it Is his/her sole responsibility to see that the contractor completes the work specified in his contract to the owner's satisfaction and that the City of Denton has no responsibility for any Page 9 cc Pa" no, is 95 r 10 32XI❑ • o defects, faulty work or incomplete work by the contractor. The owner further agrees that the City has no liability for warranty of any of the workmanship or materials furnished by the contractor under the contract, The owner further agrees that latent or hidden conditions In the property which were not included in the original inspection and work write-up of the City are not the responsibility of the contractor nor of the City, but remain the respunsUlity of the owner. 7. As part of the consideration for providing the funds to rehabilitate property as described herein, the property owner agrees to maintain and keep the property In good repair after the completion of the work to be performed by contractor, taking into consideration the ability of the owner to do so. The property owner also agrees to maintain the property up to City of Denton Building code standards that were In effect when the rehabilitation was completed. Owner agrees to do this during the terra of the ban agreement ai d understands that if at anytime the property fails to meet these code shindards, the loan amount will become due immediately. 8. The owner shall issue a written Notice to Proceed within thirty (30) days from the date of acceptance of the contractors bid and proposal. If the Notice to Proceed is not received by the contractor within this 30-day period, the contractor has the option of ,ilthdrawing his/her bid and proposal. If the umtractor chooses to do this, a written notice must be delivered to the owner with a copy to the City. The contractor shall not begin the work to be performed until recelpt of written N,aice to Proceed I from the owner after which the contractor shall begin the work within ten f` (10) calendar days of the date of said Notice ani shall complete said work within sixty (60) days or as agreed to in the Rehabilitation contract. 9. The contractor shall not assign the contract without written consent of the owner and the City and/or its agent. 10. The contractor shall not be responsible for any delays in the completion of work due to the following: 1 A. Any acts of the goven-,ment; including controls or restrictions upon or • requisitioning of materials, equipment, tools or labor by reason of war, National Defense or any other national emergency. J B. Any acts of the aver. C. Causes not reasonably foreseeable by the parties to this contract at the time of the executbn of the contract which are beyond the control t1 artii without the fault or negligence 'the contractor, Including but no, t➢ limited to acts of God or of the public enemy; acts of another contractor in the performance of some other contract with the owner, fires, hoods, epidemics, quarantine restrictions, strikes, freight Page 10 CC Ips" go. IJ 32x~C.~' G U s, embargoes and weather of unusual severity such as hurricanes, ( tornadoes, etc. D. Any May of the subcontractor occasioned by any of the causes specified In Subparagraphs (A) (B) and (C) above, provided that the contractor promptly (within 10 days) notifies the CiNner in writing of the cause of the delay. If the facts show the delay to be properly excusable, the owner shall extend the contract time by a period commensurate with the period of excusable delay. it. The contractor shall not be held responsible for preexisting violations of law including but not restricted to zoning or building code regulations at the property listed In the contract. Before beginning work, the contractor shall examine the work write-up for compliance with the applicable ordinance and codes for the new or replaced work and shall Immediately report any discrepancy to the owner. Where the requirements of the work write-up fail to comply with such applicable crdinances or codes for the new or replaced work, the owner and the City will adjust the contract by change order to conform to such ordinances or code and make appropriate adjustment in ti is contract price unless waivers in writing covering the difference have been granted by the proper authority, 12. The contractor shall oompiy with all nofi-discrimination clauses included In the contract; non-compliance may result in termination of the contract. 0. Bids or proposals will be submitted at the bidder's risk and the City and/or the owner reserve the right to decline funding for projects not in compliance with the guidelines. 14. Subcontractors shall be bound by the terms and cu ,dllons of the contract, Insofar as it applies to their work. This shall not relieve the general contractor from the full responsibility to tho owner for this completion of all work to be executed under this agreement and he shall not be released from this responsibility by any subcontractural agreement he may make with others. r 15. When adjacent property Is affected or endangered by any work done under • this contracl, it shall be the responsibility of the contractor to take whatever steps are necessary for the protection of the adjacent property and to notify the owner thereof of such hazards. 16. Repairs shall be made to all surfaces damaged by the contractor resulting from his/her work under this contract at no additional cost to the owner. • Where "repair of existing work" Is called for by the oontrect, the feature shall 0 • bo placed in "equal to new condition" either by patching or replacement. All damaged, loose or rotted parts shall be rernoved and replaced and the finished work shall match adjacent work In design and dim insion. - Paga 11 CC Pa" No 14 , • o 0 17, After the final inspection and acceptance by the owner of all work under the contract including cleanup, the contractor shall submit to the owner for approval a requisition for payment. When the required warranties and other required documents have been submitted and the release of liens has been executed by the contractor, the final payment will be made. The payment will include any amounts remaining due under the contract as adjusted in accordance with approved change orders. Paymen s will be made within 15 days of formal requisition for pa; meet. Partial payments will be made at discretion ui the owner with the o nsent of the Cite. I 18. A Rehabilitation Loan may be made to cover the cost ners ssary to bring the I dwelling into conformance with City of Menton Coles. The two categories of repairs listed below are to be inc!udsd as priority items: A. Required Repalrs: Code violations which creaie hazardous conditions In regard to safety or health will generally Involve the basic heating, plumbing or electrical systems. B. Reoorrmended Repairs; Code corrections or preventive maintenance aiioris which should be undertaken to avoid more costly future action. (1) Heating, plumbing and electrical Improvements (2) Weatherization (3) Exterior work such as roofing, siding, painting, step and porch repair and retaining walls f (4) Interior work such as renovation and wpair of existing kitchen and bath facilities. 19. The Denton Central Appraisal District autumatically reappraise any house where a building permit Is Issued. Participants in the Rehabilitation Program should be aware that the appraised value of their property might Increase which consequently may cause their yearly property taxes to • Increase. The policy shall be thoroughly explained to any person applying for rehabilitation assistance. 20. Change orders may be made to cover an item of work that cannot be determined until sometime during the course of the rehabilitation work. Change orders will be considered as follcws: A. Change orders are used to add work necessary to cov+ect incipient + • Items that have been found to be defective after work Is in progress p but were not anticipated at the time the contract was executed. ; B. The change order amount Is limited to a maximum of 10 percent (10%) of the total contract amount. If It Is necessary to request a change Page 12 CC P.Q. No. 15 ~ti.,Q 32x~~7 J s 0 rraanaKw order to make required repairs and the contract is already at the maximum amount, a wxk item of less priority will be deleted from the bid proposal in order to compensate for ;he added amount. C. Change orders will be used when it is necessary to delete work from a contract for any reason, When items are deleted from the contract, they shall be vt their previously bid amount. When items are deleted, but do not have specific costs, in such cases the contract shat' be reduced by negotiating the cost at prevailing rates j D. All change orders shall be executed by the property owner, contractor, and a Community Development official. E. Except for the purpose of affording protection against any emergency endangering life or property, the Contractor shall make no change In the work or rehabilitation, provide any extra or additional work or supply additional labor, services or materlals beyond that actually required for the execution of the contract. F. All change order requests must be submitted by the contractor, signed by the homeowner and approved by Community Development. No claim for an adjustment of the contract price by the contractor or homeowner will be valid unless this Is done. G. The approval of a change order shall constitute authorization by the property owner and Community Development to change the loan amount equal to the cost of the work added or deleted, unless all available funds have been utilized, If this is the case, the owner must absorb the total cost or delete non-code items in order to pay for thr work described in the change order. H. It may be necessary to change the time of completion due to the addition of certain work items or delays that are beyond the coniractors control. • 21. If the work completed is not in accordance with the construction contract, Community Development shall advise the property owner of the non- compliance who then shall obtain appropriate action from the contractor, No payment shall be processed on a construction contract until a contractor has satisfactorily completed all necessary corrective action. 22. The owner shall be able to select the oo'or and elyle of certain materials (I.e. O f carpet, floor covering, paneling, paint, etc.). 23. The contractor warrants that all materials, fixtures, and equipment furnished 1 by the contractor and Its subcontractors shall be new, of good title and that Page 13 I eC tago Iro 16 •::p r~ 32 y I e 0 y Z m the work will be done in a neat and workmanlike manner, Neither the final payment nor any provision in the contract nor partial or entire use or occupancy of the premises by the owner shall constitute an acceptance of work not done in accordance with the Contract or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The contractor shall promptly remedy any defect In the work and pay for any damage to other work resulting therefrom which may appear within a period of one year from the date of final acceptance of the work unless a longer period Is specked. The owner will give notice of observed defects with reasonable promptness. 24, Mobile homes are not eligible for rehabilitation. 25. Interest of certain federal and other officials: A. No member or Delegate to the Congress of the United States and no Resident Commissioner and no federal employee shall be admitted to any share or part of this contract or to any benefit to arise from same, B. No member of the governing body of the City and no other public official of or within the City or County who exercises any functions or responsibilities In connection with h ~ administration of the Community Development Block Grant Program and no other employee of the Department of Planning and Community Development who exercises any such functions or responsibilities shall have any interest, direct or indirect, In rehabilitation proceeds which is Incompatible or in conflict with the discharge or fulfillment of his functions and responsibilities in connection with the carrying out of the Housing Rehabilitation Program. The length of time this excluslon shall be in effect is one (1) year following the ending of term of office and shall be binding upon, bA not limited to, all of the individuals and age ncles herein described. 28. The property owner agrees that for a period of ten years after the project is completed OW to convert the rehabilitated units to condominium A ownership, If the owner does convert rehabilitated units to condominium ownership, the entire ban amount shall be due immediately. 27. The property owner agrees not to discdminate against prospective tenants on the basis of their receipt of or eligibility for, housing assistance under any federal, State or local housing assistance program; on the basis that the tenants have a minor child who will be residing with them; or on the • basis that they are a handicapped individuals. p 1 28. The property owner agrees to maintain the rehabilitated property up to adopted City of Denton Building Code Standards In effect the year In which Page 14 CC !a" Ma. 17 7 h 32 1 IMP"" the rehabilitation was completed. This will be applicable for a period of at least ten years after the project is completed. 29. The property owner agrees to comply with applicable lead-based paint regulations. 33. The property owner agrees to comply with the City of Denton's Tenant Assistance Policy, Including execution of all tenant notifications outlined in the policy. Copies of all tenant correspondence must be submitted to the Community Development Division. VII. MINIMUM REHABILITATION STANDARDS, Roots Roofs should not leak and have no evidence of rotted decking, fascia or soffit. Any roof with two or more layers of roofing must be stripped to the decking. If k Is determined a new roof is necessary the decking must be checked for broken or rotted decking and shall be repalred or replaced as needed. Where new decking is required the material shall be one-half Inch plywood or one-half inch waferboard to be used with H clips between sheets. All roofs that are stripped shall be replaced with new felt paper, the proper flashing and metal drip edge with 240 pound shingles. Any roof with less than a 4/12 pitch shall be covered with rolled roofing, with at least 12 Inches of lap, if installation of rolled roofing is not sufficlent to promote proper run off roof will be rebuilt. Siding and Trim All exterlor siding and trim shall be free of holes, cracks or rotted material that might admit moisture into walls. New siding may be applied only 0 the cost of new siding and Installation is comparable to the repair and painting costs of the existing siding. Windows d All windows and hardware shall operate satisfactorily. Cracked or broken windows shall be replaced. Window glazing shall be weather tight and window: shall be weather stripl ad so as not to allow entry of air and water around the glass, sashes or window casings. All windows shall have screens and working locks. Droinago O The grade of concrete or dirt should drain ai least five feet away from foundation walls. Page 15 i f cc P&" If*. is La. -1r, 25 32XIO rrr 0 0 Site Improvements All replaced concrete surfaces are to be Level with the widths to match the oxisting surfaces. All steps both concrete or wood that pose a threat to the occupants shall be repaired or, l necessary, replaced with treated material or concrete, Foundations and Piers Skirting shall be six (6) inches underground level. If it is necessary to Install skirting, new 22 or 24 gauge skirting shall be used Kitchens Kitchens shall have a specific area that contains a sink with hot and cold running water, counter workspace, and space for storage of cooking utensils. Stain I All stairs shall provide for the safety of ascent and descent. All treads and risers should show no evidence of breakage or have evidence of excessive wear. All i stairs shall be equipped with handrails. Utility Areas 3 Gas or oil fired water heaters or fumam shall not be located in the bathrooms i or bedrooms. In addition to all plumbing and electrical codes, water heaters and furnaces shall be enclosed with a sealed door and adequate upper and lower combustion air. All washer and dryer hookups must meet City Code. Structural System The wood, masonry or steel components shall be in serviceable condition for the expected useful Ile of the rehabilitated building, Structural members that are in • seriously deteriorated condition shail be replaced. Sagging and unleveled floors shall be raised and stabilized as level is possible without causing Interior damage. Termite Inspection and treatment shall be done If evidence of active infestations exist. A certified pest control company will carry out the treatment and present • documents of proof. p • Page 18 CC ra" go, It k AAA. R~+•'w 1 3210 • ea~ca~ O Man"" J { Electrical System j i 1 All replacement of existing wiring and equipment shall be done In conformance with the National Electric Code and the City of Denton Code. Any potential source of electrical hazard or ignition of combustible material shall be rnrrected. { GFCI outlets shall be used in bathrocros, kitchen, garage, and exterior ` receptacles. Additional outlets shall be added to eliminate extension cords and. I at the request of the City Inspector, to most City Codeq. Plumbing i The plumbing system shall operate free of fouling and clogging, and not have cross-connections which permit contamination of the water supply or back siphonage between fxtures, All sinks, lavatories, water closets, water heater, and other plumbing fixtures shall have accessible cutoff valves. All fiytures shall have Pdraps, necessary vents and be property connected to a pub Ic or private sewage disposal system. Ali sewer lines shall have accessible cleonouts. All water heaters shall be installed with double wall vent stack, a pop-of valve, and overflow to the exterior of the structure. t Mechanical Equipment All gas fired heating units must be vented with double wall pipe and proper upper i and Iowa,, oombuctlon air. The unit shall not b,~ installed In a living area such as 1 bedrooms or under stairways Rigid gas pipe must be used to supply heating units wv,th a maximum of three (3) feet of flexible pipe from the stop to the appliance. All duLiwork shall be properly scaled from the heat source to the register vent and from We retum air supply to the heat source. A gas pipe pressure test is required, All leaks must be repaired. Insulation and Wootherization s i A R•30 Insulation value In the attic shall be required. Exterior Doors All exterior doors shall be solid core. All locks shall be capable of tightly securfry ' • the door and shall be readily operable from the Inside without the use or keys. p • All exterior doors shall be weather stripped so that there is no significant entry t~ of air or water Into the structure. l Porches and Docks Page 17 CC Orp fro. 20 i F) x ICJ 32 x i 0 v All porches and decks shall be safe and capable of supporting anticipated loads. All porches ind decks in deteriorated condition and which serve no useful purpose or which are not economically repalra)a shall be removed. Por.:hes and decks 30 Inches above grade shall have guardrails and flights of stairs with four or more risers. They shall have a handrail on at least one side. Gutters and Downspouts Gutters and downspouts should exist where they are deemed necessary to promote proper drainage. Gutters will oA normally to Installed If ;hey do not already exist. Downspouts that cannot be connected to drain tiles shah hive splash backs with proper site grading, Chimneys end Vents rumace and water heater vants shall be double wall vent pipe, Existing unlined masonry chimneys ha,:ng open mortar joint, or cracks shall be removed or made safe by installation of a UL approved No liner, Vent•a•hood stacks shall be vented through the root Interlors All floors, walls, and ceilings shall be maintained In good, clean, and sanitary condition. All peeling paint, cracked or loose plaster, and other defective surface conditions shall be eliminated. All doors shall be operational Carpet and vinyl that Is badly wom, tom or too dirty to be cleaned shall be replaced. This shall be determined by the C.D. Inspector. Existing carpet shalt be cleaned with a oommercial steam cleaner, H necessary. Bathroome An operaWinal water closet, tub or showc-P, and lavatory should be In We bathroom. Not water should flow to the lavatory and tub or 0 owur, Cold water should be aupp.ieJ to all fixtures. Either a window or an exhaust fen must be present to properly vent the bathroom. ' 0 Cabinets p 0 Built-in kitchen cabinets shall be repaired up to 60 percent of the cost of new cabinets. Bathroom cabinets are not required, Page 19 I CC ro" Mo. tl - ~a w , 10 10 32X ' is I l dlwU[IM r 17111~If0 ~ ~ ; , i I .I 'r e J ti , i l .....MrW61fWL7W •R..\'i.n. I M1 .iM.K.. s.. .i r. r ~ 11 , e 'I I 1I 1 l i l , APPENDICES . 1 I I \ i 11 k ~ t rl F F'.' 1 ~aA 2i vb • o • 1 l U, S. OE PAR IME NT OF IIUD PAGE 935 SIATE : TEXAS 9.1.98 N O M E P R 0 6 R A M R E N T S PROGRAM EE/ICIErsY I-BEDROOM 3-SEOROOM 3-SFOROOM 4.6IOROOM 5.1IOROOM 1-SFDROOM NSA Abilene, TA FAIR MARKET RENT 973 304 397 530 644 740 031 50% RENT LIMIT 307 334 761 450 501 633 606 6t% RENT LIMIT 373 401 464 551 595 631 611 NSA Mnar1lto. TX Y FAIR MARKET PENT 983 771 417 577 610 117 117 s 50% PENT LIMIT 316• 341 410 473 S77 Sol 637 65% RENT LIMIT 393 413 SIG, 561 676 479 731 NSA Austin-San Marcos. TX FAIR MARKET RENT 395 411 636 643 1042 1199 1365 5O% RENT LIMIT 397 420 SOS 563 691 716 765 65% RENT LIMIT 491 571 674 734 765 151 911 NSA : B/wmoni-Par( Arthur, TX FAIR MARKET Rr Nf 300 367 419 Set 630 113 SOS 50% PENT LIMIT 376 349 170 415 611 See 659 6S% RENT LIMIT 403 434 373 596 615 693 749 1oSA : Braeorla, to FAIR MARKET PENT 419 167 $14 114 951 1$01 1945 50% PENT LIMIT 410 179 571 610 610 750 130 Bs% RENT LIMIT 513 551 661 756 170 193 961 N NSA Bro~n4vllle•Harl lnpm-Ssn 5enlto, tX FAIR MARKET RENT 315 397 496 031 714 690 10o1 50% RENT LIMIT 957 110 335 313 416 4el 609 ' 65% PENT LIMIT 300 333 400 454 417 519 559 14 j w NSA Bryan-College Station. TX FAIR MIRKEf PENT 351 401 516 111 147 074 1101 50% PEW LIMIT 370 343 411 47S 531 615 610 R 65% PINT LIMIT 396 476 511 $14 633 679 717 1,• NSA Corpus Christi, TX FAIR MARKET RENT 731 403 Big 100 696 963 1 1076 50% 4441 LIMIT 301 370 396 1ST 610 563 611 65% :ENf LIMIT 310 401 403 Del 606 641 696 ' AREA 0e1181, LA FAIR MARKET RENT 397 ASS 566 611 96e 1109 1946 60% RENT UNIT 413 453 543 611 700 713 149 65% PENT LIr9f 5)0 561 664 761 /S9 933 093 . NSA : EI Peso, TX ' PAIR NARK!! PINT 310 111 491 611 606 979 1019 y 50% R(Nf LIMIT 359 170 317 319 416 161 609 p L 65% RENT LIMIT 300 337 400 494 417 oil 591 7 K!a 31xICl e eoraov ' 0 al , i I APPENDIX II ( RENTAL REHABILITATION PROCEDURES The following list of procedures is designed to insure that property owners understand their responsibilities under the Rental Rehabilitation Program. Please call the Community Development Office at (940) 349.7726 if you have any questions regarding these procedures. 1. Return completed application. Include a copy of property deed, fax receipts from all tatting entities, proof of insurance coverage on the property and documentation of all owner(s) income and assets. 2. A set of work specifications must be drawn up by the owner and approved by the Community Development Office. 3. The owner of the proposed property will bear the responsibi!ity of contacting at least two general contractors, who Ail! submit bid proposals. These proposals must remain within a margin of ten percent of we estimate determined by the Community Development Office, 4. Upon project approval, a title scorch must be submitted. i 5. Certification that all tenants have received timely written notice that they will not be displaced by the project must be submitted within two weeks of application submission, A copy of the City of Denton's'renant Assisto,ce Policy must accompany the notice to the tenant. 6. Requests for all interim and final payments should include an itemized hst of completed w the contractor, IT IS THE CTOR'S ork and its cost and twe "Requests for PP ment" signed boy both the property owner and NECESSARY PAPERWORK 1 ITOH COM, MUN TY DEVELOPMENT. TO FILE ALL 7. A final i,ispection must be completed by Community Development. 8. Final payment is contingent on receipt of the following by Community Development-, a) signed affidavits from all subcontractors stating that they have received full payment b) affidavit from general contractor and signature on lien assignment c) two executed requests for payment ' Documentation of income sources may include but is not limited to the following; , • Current year's Income tax Mum for returns, -+..3 each hoss~ehold member who ha' file Most current Social Security income statement if applicable. Paycheck stubs for last four weeks I each eWysd household member. Names and addresses of all retirement income or ay other Income sources (ALL INCOME; SOURCES MUST BE DISCLOSED--RETIRI NIENT, RENTAUHAP INCOME, AFDC, FOOD STAMPS, ETC.) Divorce decree if you receive child/other support from a divorce lu if you were awarded O f • property through a divorce, Name, address, account number(s) of nil banks, credit unions, savings banks, IRA accounts, etc, for yll household members who have any such accounts. AMQ4601 1 Page 26 CC Pa" pd. 21 a 4 32x~ • f OIMCTION This document has I been refilmed ' to assure best i . Possible ima(ye 9 l - - - - - 25 0 32X I❑ e 'awa 0 i i APPL1'DIX II RENTAL REHABILITATION PROCEDURES The following list of procedures is designed to insure that property owners understand their responsibilities under the Rental Rehabilitation Program. Please call the Community Development Office at (940) 349.7726 if you have any questions regarding these procedures. 1. Return completed application. Include a copy of property deed, tax receipts from all taring entities, proof of insurance coverage on the property and docmnen;4tion of all owner(s) Income and assets*. 2. A set of works cifications must be drawn up by the owner and approved by the Community Development Office, 3. The owner of the proposed property will bear the responsibility of contacting at least two general contractors, who will submit bid proposals. These proposals must remain within j a margin of ten percent of the estimate determined by the Community Development Office. E 1 C Upon project approval, a title search must be submitted. 5. Certification that ail tenants have received timely written notice that they will not be displaced by the project must be submitted within two weeks of application submission, A copy of the City of Denton's Tenant Assistance Policy must accompany the notice to the tenant. 6. Requests for all interim and final payments should include an itemized fist of completed work and its cost and two "Requests for Payment" signed by both the roperty owner and the contractor. IT IS THE CONTRACTOR'S RESPONSIBILITY' TO FILE ALL NECESSARY PAPERWORK WITH COMMUNITY DEVELOPMENT 7. A final inspection must be completed by Community Development. 8. Final payment Is contingent on receipt of the following by Community Development; a) slgned affidavits from all subcontractors stating that they have received full payment b) affidavit from general contractor and signature on lien assignment c) two executed requests for payment * Documentation of income sources may Include but is not limited to the following; • Current year's income tax Return w'th W-2's for each household member v ho has filed tax Most current Social Security income statement if applicable. • Paycheck stubs for last four weeks for each employed household J1 embe, Names and addresses of all retirement income or any other income sources (ALI, LNCOINIE SOURCES MUST BE DISCLOSED--RETIREMENT, RENTALIHAP LINCOMEs AFDC, FOOD STAMP'S. ETC.) O Divorce decree if you receive child/other support from a divorce p.I if you were awarded C property through a divorce. Name, address, account number(s) of all banks, credit unions, savings banks, IRA accounts, #y etc. for ilU household members who have any such accounts. AAA04604 • I • Papa 26 CC Pa" Ito. 71 Mwr 32x111 ' 1 f ♦ O I. i f RENTAL HOUSING FOR THE CITY OF DENTON OWNER PROPOSAL FORM CONTACT AGENCY: COMMUNITY DEVELOPMENT OFFICE 100 W. OAK SUITE 208 DENTON Tk 76201 TELEPHONE NO. (940) 3497726 INSTRUCTIONS-. PLEASE COMPLETE ALL SECTIONS OF THIS OWNER PROPOSAL FORM, IF YOU NEED ASSISTANCE IN COMPLETING THE FORM, CONTACT THE AGENCY LISTED ABOVE. IIO0NN II OW*R BATS J A. OWNERS OF AHEFE OPUSED PRES)1' AND TELEPHONE NUMBER(S) OF ALL B. TYPE OF OWNERSHIP (check one): ❑ (a) Sole Owner ❑ (b) Partnership ❑ (c) Corporation ❑ (d) Limited Partnership ❑ (e) Other: C. PROPERTY ADDRESS: A : No. trees city D. BUILDING DESCRIPTION i IJ Single Family ❑ Duplex ❑ Trl•Plex ❑ Four•Ptex E. BUILDING STRUCTURE ❑ Frame ❑ Brick ❑ Masonry ❑ Other: F. FOR EACH UNIT IN THE PROJECT PLEASE PROVIDE THE INFORMATION REQUESTED ON THE FOLLOWING PACE. AAA04604 • 2 Page 27 i ro Pogo Ito, 25 ~ 5 0'$ 1.' ,rr' ~ 1 - O n r r 4 1 The following information mlrsl be provided on all existing tenants. Applications will not be processed until ( I tenant information is received. TENANT'S CLIR6'R AK %0.OC- OVER ETHNIC 'FEM HAVDI• SEC 1 INCOME NAME RENT NO. WANTS 65 CODE NHH CAPPED r r Ethnic Code I - White 2 - Black 3 - Amer. IndianlAlasl= Native 4 - Asian Pacific Islander S - Hispanic 6 - Other Section 8: C - Certificate V - Voucher N - None ;t Please note a female head-of-household Is a female with dependent children. SECTION II PROPERTY DATA NOTE: PROVIDE INFORMATION FOR ALL UNITS j , A. UNIT NUMBER 1. NWIER OF BEDROOMS, LXIITL40 C. NUMBER OF IEDROOMS, AFTER REHOILrTATION D. CURRENT RENT 1. PROTECTED RENT AFM REHAEIGTATION j ' f F. UNIT OCCUPIED (0) OR VACANT tt a r t~ 11 1 3• r1AAO4804 Pepe 26 00 IPA" Me. if III , 3243 doom L.LA Bosom O j 1 A, ORIGINAL MORTGAGE ~ Orig. Amount Mortgagee Balance B. OTHER LIENS ` Amouuu Lien Holder Toul Due C, ORIGINAL PURCHASE PRICE S D. DATE OF PURCHASE E. ESTIMATED MARKET VALUE OF PROPERTY (Attach recent appraisal) f _ F. DOLLAR AMOUNT OF RECENT CAPITAL IMPROVEMENTS f_ DESCRIBE IMPROVEMENTS BELOW: I 0. AMOUNT OF INSURANCE COVERAGE S H. NAME OF INSURANCE COMPANY (Attach copy of policy) 1. AMOUNT OF RENTAL REHABILITATION FUNDS REQUESTED FROM CITY S I. FINANCING OF OTHER REHABILITATION COSTS NOT COVERED BY THE RENTAL REHABILITATION PROGRAM 1 I. AMOUNT OF ESTIMATED OWNER COSTS FOR REHABILITATION TO BE PAID FROM OWNER'S FUNDS (EQUITY): t ' 4 I 2. AMOUNT TO BE BORROWED FROM PRIVATE LENDING INSTITUTION; S _ - NAME OF LENDINO INSTITUTION: ANTICIPATED INTEREST RATE AND LOAN PERIOD: R for - Ye+le r; c AAA0404 Page 29 r cc Ian. Ite . I I M Y1 ` 2 ! 32 X . SEC?610N 11 INCOME DATA Note: Incoma eligibility is based on household Income which includes the Income of all working members of the household. If the property Is owned by a partnership or corporation, all partners and/or principals must be Income eligible. Please list all income amounts below and provide documentation of each income source. (To be completed by all households with ownership in the property.) I Household Household Income Type Owner Member 01 Member N2 Total Salary Overtime pay f Fees/dps Commissionsibonuses Interest and/or dividends Net income from business D Net rental income Social Security, pensions retirement Unemployment benefits, workers compensation, eta Alimony, child support Welfare pymts, AFDC, food stamps, etc. 1 Assats y Checking accounts Savings/CD accounts Stocks, bond, etc, Renal property income Value of private residence Life Insurance Other C AAA04604 • S Page 30 Ca a" No, 21 r ~ 2~~ 10 32x10. OWNS" . 0 I i I i I SECTION IV ( CERTIFICATION J THE OWNER/CO-OWNER CERTIFIES: (1) THAT HE/SHE HAS READ THE RENTAL REHABILITATION PROGRAM GUIDELINES AND UNDERSTANDS THE PROCEDURES AND REGULATIONS DESCRIBED THEREIN; (2) THAT HE/SHE AGREES TO A BIDE BY THOSE PROCEDURES, REGULATIONS, AND CONDITIONS; AND (3) THAT THE INFORMATION CONTAINED IN THIS APPLICATION AND PROPOSAL iS TRUE, CORRECT, ANL COMPLETE. THE APPLICANT AGREES, NOT TO DISCRIMINATE UPON THE BASIS OF RACE, AG::, GENDER, DISABILITY, FAMILY STATUS, CREED OR NATIONAL ORIGIN IN THE SALE, LEASE, RENTAL, USE, OR OCCUPANCY OF THE REAL PROPERTY REHABILITATED WITH ASSISTANCE FROM THE RENTAL REHABILITATION PROGRAM. VERIFICATION OF ANY OF THE INFORMATION CONTAINED IN THIS APPLICATION MAY BE OBTAINED FROM ANY SOURCE NAMED HEREIN. THE APPLICANT CERTIFIES THAT HFJSHE HAS NOT REQUIRED ANY TENANT TO MOVE WITHOUT CAUSE, SUCH AS VIOLATION OF THE LEASE OR LOCAL LAW F DURING THE 12 MONTHS PREVIOUS TO THE DATE OF THIS APPLICATION, i Owner's Signature Social Security Number Date Co-Owner's Signature Social Security Number Date ATTACHMENTS INCLUDE WITH THIS APPLICATION: 1. A COPY OF THE DEED. 2. PICTURE(S) OF THE BUILDING AND, IF AVAILABLE, PICTURES OF THE INSIDE OF THE UNIT(S). 3. PROOF THAT PROPERTY TAXES AND ALL UTILITIES ARE PAID IN FULL. INCLUDE A RECENT TAX STATEMENT SHOWING PROPERTY VALUE. 4, DOCUMENTATION OF OPERATING EXPENSES, TAXES AND INSURANCE. . 3. SIGNED LETTER FROM ALL EXISTING TENANTS STATING THEY HAVE • RECEIVED A COPY OF THE TENANT ASSISTANCE POLICY AND UNDERSTAND O • THEIR RIGHTS ACCORDING TO THE POLICY. A COPY OF THE POLICY AND A SAMPLE LETTER ARE ATTACHED, f 6. INCOME DOCUMENTATION, i AAA0404 6 ' P624 31 CC 1a" sro. 20 10 32XIO J V SAY , 0 l APPENDIX 111 I`~I4a E !J 1 c ~1A N✓ 1 ' i i Rental Rehabilitation 1' Target Area p"»»1»*n: r 1 n41 f nn• Ino -e 111 I ay a 111r nn.h i Yll~ M1 I M1'',~ ~ I 1 . _ AMl -1 11 1 / I a ~ ~ ~ Y ti nf•ti ' tY HYb • 1I \ . t~ 1( ~ q rl In i loll. a ~ r1 I w, Tr lu1rlR J~uua Jumga CnU+1.4-. Veel Jaull / 1 pNP N jr. -,YdfUtl . I I ~ i ~~.'l~l 1 Ilnnl `~~i ft -'_I. • 1}r~n".~' '1a.n1 _/✓.1.. Y"~'7?r !~f •y I • 1 e~ MI II,LJ11~.~ f 11, Y1,r ..,Jr aY ~ ~ ~Yl~w/an" _J ~ ~ ' I j,tbl wr IIY4.. { hm _ tmunf {r lAL 111 I ..ln10n1 tva,n "I _O.a'ylhL rl.' 1.- Niu!ly "'i4, INUL J I !L4 1 11 _ I( tlA l.'.~ ~ I I IS fU I~1 , !1 I Jilh n_~ I L IJl q rln. l IM •uTm1 a YWl' bmu Wry 1r vs. h L Vr Ir1 /i R Mal We_.7 ~ 1 11 _.y 1 r IYYI.- r1yyL IYi l 1 F7 ` Il Into. 1 1rI11 i.Y ~ 11a11 u.l li ~ 'F 1 ~1.~ J~ ~ ~.4t YtJ,MI'I bunt 1-_J1r1 J11~ a IItY.J "Y 1 V' ~ I , Mr IA I Je- h n a ' 1'1'I 11' ',II ei • j. LEI i J LWYY / rr y} lluMlet._y Y f. Y ,rbla r ~ 1 r• r~J ln3w ' r te\. ~ X1.1 Ir I II 11 a j t` ' I l wlNU IaAAn+_T al ~_.I 'Ta _ NII_ ~ 1Y+ti~u1 I, ~ I I I r ' l4.In1 ~"b1.+'" f I I ~ yngM' f ~ I.IL ~~`L~ y I. _.'"I( tL_ l I~ 41lu1. T! l1 ut l C.. u Y 111 d".6 ,04 S 1 L ~ 1 Pape 32 cc eaq. Yo. 10 32 x I [l O *SAW" AGENDA ]INFORMATION SHEET Agenda No.- _1Jl tgenda Item Date_ AGENDA DATE: October-5,1998 DEPARTMENT: Planning Department CMID011ACM: Rick Svehla, 349-7715R5 SSUBJECT- V-98-010: (Davis Oaks) Consider approval of exaction variances from Section 34.114(5) and(17) concerning perimeter paving and sidewalks, respectively, of the Subdivision and Land Devr,lopment Regulations for a 18.006 acre property. The property is located on the southeast corner of Hobson Lane and F.M. IS30 (Country Club Road). The proposal is to develop three (3) lots for single family housing and one (1) lot for office use . (The Planning aniLanin, Commission recommends approval.) SAC.K&M U N D r, The applicant '.,as requested a total , 'too (2) variances based on a reasonable relationship between tha rcluirements of the Cod • of Ordinatces and the type of development. In determining whether or wt to approve exaction variances conceming the Davis Oaks Addition, City Council must doemtine if the imposition of any development exaction pursuant to the City's Subdivision and Land Development regulations cxcecds any reasonable benefit to the property owner or is so excessive as to cowtitute confiscation of the tract to be platted, The following paragraphs summarise the staff recommendations and reasoning for each variance rcqucat. Additional information is pravi,icd in the attached Planning and Zoning Commission staff reports, i, L.taction Parlance from Sections 34.114{5) concerning perimeter paving. The applicant proposes no street improvements for Hobson Lane based on the large cost per lot for the subject improvemcnts considering the current development proposal. Paving improvcments are not required on F NI. 1830 as it is maintained by TXDOT. lteconrntcrrdu7ron s°+ri+rt:: This recommendation is based on the excessive per lot costs that would result from strict con plidnce with the subdivision regulation.,. The a~ erage cost per single 0 family lot fur perimeter paving is $4,500.1he proposed development would average 514,300 per lot (a Iota) of 442,800) ifrequired paving improvemcnts were installed Staff recommends approval of a partial var ance from perimeter paving, allowing patch and overlay work (not cx.ccding 423,300) to replace the required paving improvements, 2. h'voctiwt 1 artance from Section 34.114(17) concerning sidewalks , ile applicant proposes no sidewalk improvemcnts on both Hobson Lane and F.M. 1830 based 0 on tr,: large cost per lot for the subject improvcments considering the current development proposal u unncvrdarion,'ReasorrrnQ: This recommendation is based un the excessive per lot costs that t would result from. strict compliance with the subdivision regulations. The average cost per single family lot for sidewalk, improvements is $900• The proposed development would average $4,550 1. ---;;r r-pwJ 32 X l J % 0 a i i h I • per lot (a total of 318,200) if required sidewalk improvemen±s were installed. Staff recommends approval of a partial variance from sidewalk improvements, allowing sidewalk installation on the office tract only (at an estimated cost of $6,850) to replace the required sidewalk improvements. PRIOR ACTIONIREVIEW (Council. Boards. Commissions] The Planning and Zoning Commission recommended approval (4-0) that partial variances of ' sections 34-114 (5) and (17) be granted for the Davis Oaks Subdivision for perimeter paving and sidewalks as follows: that the only cost to this properly be the $6,850 for sidewalks related to the office zoning. I` FISCAL INFORMATION COST TO THE OWNERS COST TO THE CITY (required with development) (wh.n road improvements _ are made ALTERNATIVES Sidewalks Perimeter Sidewalks Perimeter r' Paving Paving Variance granted as requeFted $0 $0 $18,200 $42,800 Partial variance granted per P R Z $6,850 $0 $11,350 $42,800 recommendation Partial variance granted per staff $6,850 523,300 $1!,350 $19,500 recommendation _ Denial of variance $ I8 7C0 $42,800 $0 $0 _ ATTACIOMENTS 1. Planning and Zoning Commission Report, August 26, 1998, V-96-010, 2. Planning and Zoning Commission minutes from August 26, 1998. 3. Photographs. Respectfully sub t t c veHill'2, Director of Planning and Development , I Prepared by: t Trina McElreath ! j Planner 11 ~ O S 2. Eby ' o .taw PlermYg and Zoning Commission Minutes August 28, 1998 Page 24 of 32 I Commissoner EngebrecM I think you could simply say as outlined In the staff report That would rover it, other than any change If you wanted to.... Ms. Gourd e: Does N have to be read, or.... Ms. McEkeath: You can say as outlined, unless them are any charges you d like to make. Ms, Gourdle: I move to recommend approval of Z-98-038 with the following conditions for the office zoned district as wrttten with exception to 09 being that no lndivldusl buildup shall exceed 10,000 square feet and N shall be Smiled to two bundin gs. Mr. !3 shet: I second. Commissioner ErgefbrschL We have a motion. Any discussion on the motior9 N not, en In favor, please raise your right hand. Motion comes unsnunousty. IS - 0) Mr. Powell: I have a comment now that N's all over. Commissioner Engeibreehl: Yes. Mr. Powell: The school district should be)umpinp up and down about this one. Ms Gourdie: Oh, that's right I want to say thank you. Thank you, thank you, thank you. Commis mar Engelbracht: Commissioner, do we want to take a short break. Okay. We will take ten minutes. The Commiss over adjourned for a break. The Commissioner reconvened after a ten-minute break. ITEMS FOR IN_DPADUAL CONSIDERATION %j Davis Oaks Addition a. Consider making a recommendation to the City Council concerning exaction vorlanas of Section 34-114(8) and 34.114(17) of the Coda of 0•-nnances Concerning pvlmNar paving and sidewalks for the Davis Oaks Addition, (V•19410, Davis Oaks Addition, Dared Salmon) Ms. Apple was not present Commissioner Engethrecht: We ore back In session Mar a short break. The next Nom on the agenda this evankg ere items for individual oonsiderst ons. And I belim we will take three separately, one a1 a time; 7.a. Is to consider 1 making a recommendation to the City Council concerning exaction vlriances of Section 34.114(5) and 34.114(17) of the Code of Ordinances conce+-ning pertnetar paving and sideweeu for the Davis Oaks Addition. Mr. Salmon from the Engineering Department will make the staff report. A Mr. David Salmon presented the staff report. Mr. Salmon: Thank you, Ci airman and members of the Commission. David Vanden san, representing the owner of the proposed Deets Oaks subdivision, has oppred for variances of our sidewalk and perimeter paving requirements as outlned In the subject sections Section 34.114(5), which is tie perimeter paving ordinance, would require that. In the use of Davis Oaks, that the developers perimeter pave Hobson lane which would Include 24 feet of pavement with curb end Butler on then side. That ordinance would not apply to Cou" Club Road because it Is a Sla maintained highway. 34.114(17)conceming sidewalks would require sidewalks entirely around the perimeter of the development on Hobson lane and on 1830. I've gone ahead and left Lhs plat up here on the overhead to inustrate, I guess, the areas ws're talking about. The perimeter paving or&-ince would apply an Hobson lane across the frontages of tots 1, 2, and 3 and skiswaAa would apply to the entire frontage of the development. The applicant is proposing to &L-bdWe the property In three large residential oU w ywhare from nearly 3 up to 10 saes and one lot of mWoxlmmloy 2 acres for office development. The applicant has based the reason for the "aAanue on the large mot of providing the subject improvements based on the type of development that "'no proposing ~I J. 00 'r ' LALOUL~~MAKNSML~~R-WAKMEM a% e a~cnma o Planning and Loring Commission Modes Augrxd 28, low Pape 25 d 32 which would make this an exaction variance. M exaction variance Is a variance that you will consider and make a recommendation to the City Goerj on. I've listed the applicable criteria for recommending and granting exaction variances. I's in your backup. Trying to put some figures on this--If Ids development were going to construct Improvements a required by our subdivision regulations, the stroK Improvements on 4obson lane would cost approxkmstey $42,800. That comes out to approximstey $14,300 per lot hontng on Hobson Lam, In the City of Denton In a typkxl residential sutdivIson, the coat per let Hor street Improvements ranges In the vicinity of about $4,500. So, you an see the amountd doll •s w kin in this Instono t Is about three times what 8 would be normally for a normal residential subdivision. RecogrAtkg, of owes. rhat we've got one let that would be office development as opposed to single•famlly reek entlal-as a general ruts, that's going to cause more traffic .hen a einglafamily reskfentisl lot would. Staff made a moommenderton that developer ought to male Inprovemeats to Hobwn Lane not to exceed $23.300. Now, that was based on the original toning app-4 guess the original stag report with the maximum square footage of 29,000 square feel Your recommendation o Council on the zoning 11mb this to 20,000 square deed because we've got two bWdNs with maximum square footage of 10,000. So, maybe a We bit more reasonable number wnsiderirg the reduction In square footage on the office would be $18,300. 1 did a Ittle b8 of math whk we were changing our recommendations aWKK. The required sidswalk would coal appmxlmetsy $18,200. Again, looking at it on !'per for bash, a owes to a Wtia over $4,500, In the Cdy d Denton for a normal residential loL It coats about $900 to instal a sidewalk on swaps. Again, an office development would most likely generate more of a need for sidewalk than a single-family residential home would. So, stag is going to recommend that skiewalk be installed along the office trad on Hobson and 1830 and that would riot be installed at this time ti the rasidentlal W. Thera oartatny Is a need for sidewalk In the area and for residential lots, but considering the size of the residential W. we feel eat the oc-t associated with It compered with the generation of pedestrians hom Mose lots Isnl squid or Isn't balanced. So, wall recommend that we have sidewalks on the Oct development, but not the residential lets. I'% be pled to answer any questions you might have. and obviously the applicants are hers this evening as well. Commissioner Engelbrecht: Commissioner*. any questions? Me, Gourdis. Me. Gourdle: Is there any future pons to expand either one of Ilse roads? Mr. S,4Imon: Not In the foreseeable future. Hobson Lane Is not In the City's 5-year Capital Improvements Plan, arx:, rranky, we really haven't had a of of Input from neighbors or residents in the area to expand it at thls poled. Highway 1830 Is a TxDGT-malntained road. I'm not sware d anything In IsI plans to do any widening M the near future. Ms. GourdW SO, okay. I guess I'm dust trying to put this through my mind. I, for some reason in the near future something happens on Country Club Drive end we have o expend R. does tit developer accommodate lend, or how does that work? I mean, In the future, how do they know that gds might happen or red happen or bel+p fist they are on pretty much a major road them. I guess I'm Jett Vying to figure cud the sidewalk issue. I they do expand, Is the sidewalk going to be tom up and.... Mr. Salmon: We would recommend on sand we do allays recommend on State highways-Isl the sidewalk be placed In . r easement behnd ft property its. This development will be de"Ing adequals right-of-way for 0s widening of both Hobson Lane and 1830. So both d those would be able to occur without obtaining any &WItonal property for the road right-cf•wsy. On 1830, again, because of tit requirements th l TxDGT has fa permllft A we'll be recommending that the sidewalk be placed behind the property Ina which makes it even We of a risk of M being removed at a later date Ms, Gourdie: Thank you. Commissioner Engelbrecht: Onher questions of staff? Mr. Rivhsl, l Mr. RASH What Is the-4 mean, the purpces for sidewalks, generally, is for We passage of people. Obviously not too for from this immediate vicinity is a very nice City park. Is there anything Cal the City has planned or any O O development that Ixy've planned to make sk*"Iks on either side of this thoroughfare that would access to tit City park? 4. a amwras o Planning and Zoning Commission Mmmse August 2S, 1898 Pape 28 of 32 Mr. Salmon: We he" no specific plans In our Capital Imprwer*e ds Program to Instill sidewalks on Hobson Lane or 1830. We have a draft of a bicycle and pedestrian traAS plan that I think places a bkyde lone on Hobson Ls•~s for access to South Lake• Park, Again, that's Just a draft We now been adopted. Mr. %shel: Thank you. Canmissloew Engalb(oft- Other questions for stall? Thank you. Is then anyone present who would Ike to address this particular Issue? H you would, sir, plea" give us your name again. Mr. Vanderlaan: Oavld VandeAasn. At the ORC meetings, I was In agreement to oerlair0y sooornmodete the City and staff recommendations on the sidewalks on Lot 1 because I think that made sense. I think the other parties buying the other lots I think wig speak in a moment as far a the sidewalk km there. And sloe staff has recommended that we only do the sldo" U on Lot 1, we think that's a very reasonable and agreeable cnndOAbn. The thing that we're most conoemed with--and all of us spesking here-are that Lots 1, 2, and 3 would be the perimeter road Improvement dollars and tha aloulations for Hobson Lane. Again. as I stated, tot I's socess Will strictly be onto Country Club Rood, as would Lot 1. And lots 2 and 3, which will be shpts family resident M, will access Hobson Lane, so I don't ees a /pnificant tralfk Issue there. But Y any of you have gone down Hobson Lana vest driven down, thars one d the beat streets In Denton, and I donl see what I cook do In Improving it by these dollar figures. We're very much In opposition to this. In fad, to the point that-I'm not going to state for everybody there, but 1-this has been a real touchy Issue fo aI the members involved in this deal. So, I Joel wanted to bring that to your attention. Thank you. Commissioner Engelbrschl: Thank you. Any questions for Mr. Vanderlson9 Thank you. is there anyone eke who would Ike to speak to this ssssus? Please give us your name and business or residence address, poses, Mr. Smith: My name Is Dick Smith, 1903 Mold Marlon hers In Denton. First of 0 I'd Ake to thank you for oonsidering tit rezoning of this property. Thu could be one of the rare Instances Istey where a request has been to down zone from, multi-famity bas cal , to agricultural or SF-15, More Importmtty, at least In my mind, and my Interest Is In Lot 2 here and also Lot 3 because 1's adpcant to me. b,1 my Interest is deflnltey on Hobson Lane, As knportd,it or more important than the toning Is the granting of to variances. This property hot quite a history. You may or may not be aware, but with it being • PD with 11 units per acre, from an soonomb fessiDNAy standpoint will, the coot of the land and the kmprovemmts needed on are road as required by the City, the feasibility Is to put multi-family there to make the numbers work. Now, In the ewW tonng all of us oertany agree that Hobson would have to be Improved under that scenario. But with us down toning and than baskaay being three homes here, we feat that the density Issue as for as Improvements on Hobson Is no bqw Itwe. As David stated, Hobson Is In very good condition right now, and the project at this point is on the upper and of fees" from an eooramk standpoint and If we need to address the road Improvements end sdewalks on the Hobson Lane border, It pretty much puts it out of the economic feealGlty. So. I would strongly urge you to support the granting of these vwWnces. By the way, I hove spoken to a lot of the residents of Formbldge and Monk-ft and described what we're planning to do on thlo property and asked them, 'Would you rather have 3 or 1 house s on this 18 was and no Improvements and no sklewslka to Hobson of would you rather have curbs and gulf n and sidewalks on Hobson and 200 sperlmmta on this propertt/J" rm sure that you an Imagine what N response war overwhetming support to what we're" to do with this property; and as Mr, PoaroA stated, DIb-.% should be very • happy with what we're trylg to do. Thank you for your Urns. Commissbner Engelbrecht: Questions for Mr, Smith? Mr. Powell: des, Mr, Smith, A I may. Are you wanting to accept the patching and overlay cat of 113,300? Ma Smth: No. Mr. Powell: I dool mean are you willing to aooept A; I mean do you ward to exempt it from this? Let me rophrsss 1-do you folks want to stand for the 123,300 or do you think you shouldn't have to? Mr. O ni : I drove Hobson today as I have many days In the past and I don't feel A needs any p"I g or overlay at this point, policulaAy A I'm peylnp for IL Mr, Powell: I understand. i S, 4 R r,t. 4 r, 7 r) ~1 32x i 4J 0 , o - t Plerwrlg and Zoning Commission Wmies August 26.1995 Page 27 of 92 Mr. Smith: So, I would Ike to exempt that Oleo. Mr. Powell: That's the word I should have used-exempt Thank you. , Commissioner EngeWreeht Would Ike to Just Interject that I think the staff has changed that to {16,300 gHen our approval of the zoning. Yes, Mr. Rbhel. Did you have a question? Mr. Rishat Yee: I Just wanted to make ours IMt Mr. Smllh was, fully aware of what the staffs reeommsndatbns, were and whether he was fully in support of both of thaw articles or not. Mr. Smith: R's my understanding that the stall, and coned me 9 Iva misunderstood, that they are reoommerMing the grontlg of variances for street improvements, and sidewalks. Yet I's my urderstudirg that they may rsqula the 516,000 for the Improvement of Hobson. Am Hid I miWxderstand that? Ms. Oourdis: Well, that's what's written hero. Commissioner Engebrecht Yes. I was going to say I think maybe for everyone here and would as to get staffs assurance this Is correct. As I urdsntand the staff reoommerd"on, you're tecommending that then not be r, complete variance-Nero be a pertW vartana such tMt the petitioner would be required to pay $18,300 for work on Hobson lane and $800 for sidrwalk work. Mr. Salmon: That's oorreet. Commissiorw Engeerscht: Okay. I Mr. Powel: And let me ask anot1w question while we have you there, sk. Mr. Salmon, the sidewalk would be an Hawn and on Country Club Just for the office zoning only. Mr. Salmon: That's what we're recommending. Mr. Powell: Okay. Thank you, Commissioner Engelbrecht: While you're there, I I might ask. The l gresstgr ass to the office would be off of Country Club only. Is that correct? Mr. Salmon, Well, that's r"N Na only-the frontage that they could have by ordinance. Commssioner Engelbrecht: Right-bomae of dre detanas from the comer. Mr. Salmon: Because of the lot Is relatively narrow on the Hobson lane aide. Cornmisolow Enae6rech : Yes. Okay, Mr. Salmon: That doesn't mean Nay couldn't apply for a varier" to the Trsfik Safety Commission, but 8 wouldn't be allowed by ordinanN, Commissioner Engelbrecht: N 1 might also ask-Nis $16,300, does any of that Include drainage work along Hobson Lena? Mr. Salmon: No. This would be poring-type Improvements tar Hobson Lane Commissioner Engelbrechl The Is psving only . Mr. Salmon: Yes Commisskxw Engatbrecht: Okay. M right, Thank you. Any other questions? Thank you, Mr, Smith. Thank you, 0 David. Is there anyone else who would Ike to speak to this pania,W ass? Anyone also who would Ike to Speak to this case? Okay. Thank you. M right, Commissioner, oomments or a motion? Ms. Oourdis: 1 have once mace question. 6. f h „a 2'.i 32 x~~ m I I uumue+ 0 I I Plow4rg and Zoning Commission Minutes August 28, 1998 Page 28 of 32 I Commissioner Engelbrecht: Okay. I'm sally. Any other questions of staff. Ms. Gourdie: How pertinent Is this to have this patch and overlay bone to Hobson? Because I drive ft, too, and I've never reafiy hit anything except those little slow doom bumps, those carves In the rood; so. I really don't know what were taWng about. So, I'm perplexed as to why we're requesting this. Mr. Salmon: Hobson Lane Is not a fold up asphalt pavement. It's been overtayed a couple of times over the test ten or twelve years. Relatively recently, I think Its been milled and ovedayed, but it Isn't a fold-up asphalt road. AduaOy, we've had to repave this road more often than normal stre^ts In the city because It doesn't hold up. I guess our naught was that with the additional traffic mainly created by the office devebgrient, realizing of course you don't have to have a driveway on Hobson Lane to add traffic to 8, an additional Inch and a hall to couple of inches of esph..t over Hobson Lane through that area may be beneficial in helping maintain the quality that we he" More now. Ms. Gourdie: Thank you. Mr. NOW: My own feeling would be that I don't think that two office bufldigs and two resldenaus Is going to put enough traffic or wear on that particular surface to Justify them having to pay that cost es opposed 10 the other vehkJes that turn that comer and go onto other sites where they're pouring extensive concrete and building materials bang brought to )lob *Kea and ail, I'd hate to burden the developer with something that they ro trying so brig of quality to our community and our area that would certainly enhance that corner on s long-term basis and have them bear all that oost. What can we do to make this work for them? Mr. Salmon: Wart, we've already come down quite a bit on what the normal requirement would be, so staff feels that the proposal that we've given Is fair considering the type and amount of development that we have. Obviously, you have the-you can make a reoommerkation to Coy Council they would not make any rwovements or you could recommend something completely different, You could recommend even a lesser amount k you thought that was appropriate, Commissioner Ergelbrecht: Other questions for staff? Thank you. All right, Commissioners, Any comments or a motion? Mr. Powell: I'm ready to move $ anybody else Is ready to hear It, I move we reoanmond to the Chy Council that partial variances of Sections 34114(5) and (17) be granted for the Davis Oaks Subdivision for perkneter psvlrg and sidewalks as follows-that the only cost to this properly be the $8,850 ror sidewalks related to the office zoning. Mr. Rishel: I'd like to second that. Commissioner Engeibrecht: We have a motion and a second. Any discussion. If not, all in favor, please talso your right hand. Motion carries unanimously. (4 - 0) 7. Davis Oaks Addition. b. Consider approval of the preliminary plat of Lots 1, 2, 3, and 4, Block 1 of the Davis Oaks Addition. The 1I.008ocre tract Is located on the southeast side of Hobson and FM 1$30 {Country Club Road). This property Is currently toned PD-1104, with a proposed rezoning to Agricultural (Ag) and Office (0) on this same August 2801 agenda. The proposed uses are single-family houses and offices. (PP•H.010, Davis Oaks Addition, Una McElresth) Commissioner Engelbrecht. Okay. hem 7.b. then this evening Is also individual considarstion to consider approval of the preliminary plat of Lott 1, 2, 3, and 4, Block 1 of the Davis Oaks Add". The 18 008-aae trail Is located on the southeast side of Hobson and FM 1830 otherwise known as Country Club Road. This property Is currently e toned PD-1104, with a proposed rezoning to Agricultural and Office on the same agenda. The proposed uses are sing4-family houses and offices. Ms. McElreath... tlr l Ms. McElreath. Yet, sir. t Cornmissk"r Engelbrecht. ...will give the staff report. 7. , o , Memo To: Planning and Zoning Commission From David Salmon, P.E. Engineering AdminisWor Date 08/19M Re: Perimeter Paving and Sidewalk Variances for Davis Oaks Addition David Vanderlaan, representing the owner of the proposed Davis Oaks Subdivision located on the southeast comer of Hobson Lane and F M. 1830 (Country Club Road), has applied for variances of sections 34.114, (5) and (17) of the Code of Ordinances conceming perimeter paving and sidewalks respectively. The subject sections of the ordinance require that Hobson Lane be improved along the frontage of the development and that sidewalks be installed along Hobson lane and F.M. 1330. Perimeter paving is not required on F.M. 1830 as it is maintained by TxDOT. The applicant is pro -,aging to subdivide the property into three large residential lots ranging from 2.8 to 10 acres ani one 2.2-acre lot at the intersection for office development. The applicant proposes no street and sidewalk improvements. The applicant bases the reason for the variance request on the large cost per lot for the subject improvements considering the current development proposal. 'Me Commission may recommend that the variance be approved by the City Council if the following criteria is met. (b) Criteria for variances from development exaction's. Where the commission finds that the imposition of any development exaction pursuant to these regulations exceeds any reasonable benefit to the property owner or is so excessive as to constitute eonfiscat°on of the tract to be platted, it may recommend approval of variances to waive such 0 exaction's, Po as to prevent such excess, to the City Council. Waiver of developmental exactions shall be apprr red by the City Council. Staff: recommends a partial variance in each case. The required paving improvements would cost approximately $42,800. Divided among the 3 . lots with frontage on Hobson Lane, this comp out to be approximately $14,300 per lot. This may be a reasonable amount for an office development; however, the average cost per lot for 0 • single family use in Denton is 54,500. Based on this, staff recommends eat the developer ytr patches and overlays Hobson Lane across the frontage of the development at a rest not to exceed S23,300. ' 6. wr rrhe Kryrv, ¢ afr '`~F 310- 1 i. o e U 1 i r Planning and Zoning Commission Perimeter Paving and Sidewalk - Variances for Davis Oaks Addition The required sidewalk would coat approximately $18,200, On a per lot bases, it comes to $4,550. Again, based on an average cost per single family Lit in Denton, $900 per lot would be reasonable. An office development would generate a large,' need for sidewaum Based on thin, staff recommends that the sidewalk be installed on the office tract only at an estimated cost of approximately $6,850. Recommended Motion: I rove that we recommend to the City Council that partial variances of sections 3!-114 (5) and (17) be granted for Davis Oaks Subdivision for perimeter paving end eidtv+allre as recur mended by staff: s. .r t E ~ • t. ,r i. ; jV, ..a ppe 2 ~ 9e 'r l 1 2:5>( 32x10 1 c &=ar 0. o ' j 1 I { I { e es , j mom p0.~1 ~1WAC~IIO .T ear e f L'il, I~iR4-.a $f" 1~ Ili IRfON/ n wt l01eLm'm sawli Pe am t0 M I10*& a at M 1CI f.0a1MO 'P I f f. f ' fl IM ow raag r a row o w, mom ` Lot 1 y ,Y 11 faros a nt waan s tnF tac b•I+w memo n er 1~/11 ~~I~IIt~F Y~~If,067N CCOW1/f~~aw<w F /ail lrf /91Mt0.H M16 + f ` I N was wes~iY~►•! tia ao~nia ~p 10~1Y !♦7tl IIOra. LK 101 . 9{a 1 a ~ L01 1 ell IIN llelf7 ■'1p tawtx loaf tt w / fwmr Il'lel 10 ' ; M u %vmoL F 11w w: /MInO ■ a*IYwst F aonw sown IfJ0.+Y f 0.nYfd' e l1 A10.n~1.ty amNNadl tl 10 teat ftM at OOnMM a NNW w y t li gp a meok t lo.ow AVWA 1 J eaellavt or ~~1 ! 1 1 1 ABS7RAC1 No. 0 0 0 I sn, • ~ lil ~ enr'4r w ~ ~ ? PRElJA1ROf RAT { Of LOTS 1 tlvu b 1 w...-Yae WHO A« MAL OF 1AMMON 8.000 ACRES Nthe T. J. MOM SURVEY `J p a t as to b Aft'M ► No. NO wYe . DENTOMTE1fAS~ r •roo' XA,VA/BTT d ASN J7VC, fr rurrwrrx r e,Yn.evnrE 32 X i I I I C I~ GI i I - Z-98-038 (Davis Oaks) l vF. 1 ' Photo 1. View looking west along Hobson Road Photo 2. View looking east along Hobson Road 3 and north property line, and north prnperty line, °0 1 r i Yy~. a ~f why Photo 2. View looking north across Hobson Photo 4. View looking vuth along west side of Road from north property line. Country Club Road. r B ~4.• a I , J ~1 R O to o J. P y Photo S. View looking northwest across the Photo S. View of subject property from Hobson intersection of Hobson Road and Country Club Road. Road .r. M v.uJ tY:S•.. .1 3 I 9 0 Qp I AGENDA IN6OROtATION SHEET .AyeAa Nu._ _?_d 429 ' Ageada fir//m~t 7 Date- i AGENDA DATE: October 6, 1998 DEPARTMENT: Planning Department I DCM: Rick Svchla, 349-7715 I SUBJECT - PD-120 (North Pointe) Amended Concept Plan (Z-98-027) Consider a request to amend a portion of the approved concept plan for a planned development zone district (PD-120). A public hearing for this request was opened and closed by City Council on September 1, 1998. The Planning and Zoning Commission recommends approval (7 - 0). i BACKGROUND At its September 1, 1998, meeting the City Council conducted a public hearing for this zoning request, During deliberations following ti,e public hearing, there was a motion and a second to approve the request with the conditions recommended to the Planning and Zoning Commission by staff. With the motion on the floor, there was an amendment offered and accepted for consideration by the Council. The amendment would add conditions to the office portion of the planned development comparable to the previous zoning case (Z-98-032). At (hat time the applicants requested that the item be continued to allow them to consider the motion and the proposed amendment. Staff recommendations to the Planning and Zoning Commission and the recommendations of the Planning and Zoning Commission to the City Council were summarized in Attachment 7 of the 1 September 1, 1998, City Council rc,)ort. The Commission recommendation allows more i potential development than the staff recommendation. An additional 17, 100 square feet of retail floor area and 48,400 square feet of of ice floor area would be allowed. In addition, 200 more multifamily dwelling units and 28 additional single-family dwelling units would be allowed. This additional potential development translates to an estimated additional 2,134 vehicle trips per day for the property. See Attachment 1. The amendment to the notion that was olfered would have added design-related conditions to the office zone district similar to those attached to the 3517 Teasley Lane zoning case (Z•98- A 032) See Attachment 2, Staff recommends tbal theCo 1XVes of conditions not be attached to the C'oncrl1 Plurr. Rather, if appropri ate, conditions could be attached to the berailyd Plans that are required prior to development. In addition, approval of a Corridor Ordinance may establish corridor-specific development standards that may negate The need for conditions to be placed within the planned development ordinance. PRIOR AMON / REVIEW (Council. Boards, COMMIsslonsl ~ p M S l he Planning and Zoning Commission recommended approval (7 - 0) of the amended concept plan PD-120(North Pointe) at its meeting on August 12,1998. i it~ 32xI❑ 0 ; UWAL INFORMATION The Planning and Zoning Commission recommended Concept Plan represents an increase in the potential residential and non-residential development that would be allowed, Greater assessed valuation of development could result, compared to the less-intense staff recommended plan. r AUACFIMENTS 1. Summsry of P & Z Recommendation and City Council Motion (September 1, 1998) 2 Summary of Condition- for 3517 Tea•!ey Lane zone case, Z•98-032 3. City Council Staff Report from September 1, 1998 j Res ectfully bm' avid Hi'll Director of P1Pnning and Dcveloproent Preparcd`by~ r/ ff y~. %cntl.I~r Mirk Donaldson Assistant Dirertor, Planning and Development I , , y r. l i I , I ` t yr ~ rl P ' f 15i.u. mIfR7rr Trt111 iliil Pfl l:+r,lnbrtl nl qn lM1h, Z, Y Pi r fl , 25x10 31xIa r O 1 amurw Attachment I PD 120 Summary of P&Z Recommendation and City Council Motion PA Z Reed da Ob, . C! Council Motion Use Acres Density lnlens! ty. l.aod Use 'Attu, (yy~ Retair, 0'1C @FAR 211,Q00" 20.74 30%FAR 271,000' Moderate ActiyityCtr. ~,lw' Retail, 1c7,37 M/. PAR 102,8W' 7.87 231,6 FAR 85,700' Low Intensity Area Ot'fiee, s 3 ` 3 R 290,5 ' s 22.23 25% FAR 242,100 ,*I Low Intensity Area 3.01 20%FAR 26,200' tv'eighborhoodServices, F.tiR -'2W r:. I rli, {AR ~ ( Ft. Low Intensity Area l "r k Wti-family Residential, 15.99 18/rclb + 288 utub 15.99 19 acre 288 units Moderate Activrt Or. %lulti-family Residential, 33.28 1VOW 600 UniS# 33.28 12/acre 400 units D ky` l Low Intensity Area ~ ~ ~ ~ ~r ^ ~ arr Single-family Residential, 147,6 3 2ltfitr 47,01473b 3.01acre 442 units 4 Low Intensity Area ; ~ - • ~ ~ I i , I 1, C, r i ` I 1 u% 1 11 Nn,,i i.i l'R fl 4,.11011 !.'b n;',p ii i}'lu• 3 r~~ Lr t~l I 1. 1< x 0 f ( , ;aeoanr r Attachment 2 Zoning Conditions 3517 Teasley Lane (Z-98.012) 1. That permitted land uses be restricted to those described in the list attached hereto and incorporated herein by reference as Exhibit B, and allow land uses permitted with a Specific Use Permit in an Office (0) zoning dislr,ct, 2. That the total floor area hr all buildings on the 1.831 acres shall not cz,.ced sixteen thousand and five hundred (16,500) square feet. 3. That no loading docks shall be permitted. 4. That the exterior walls of all buildings shall be constructed of orfu hundred 000%) percent brick or masonry materials excluding doors and windows. 5. That only door sign on-premises shall be permitted. 6. Lighting on the property shall be designed and maintained so as not to shine on o.- otherwise disturb surrounding residential property or to shine and pro'ect upward to I prevent the diffusion into the night sky. 7. A buffer yard measuring twenty-rive (25) feet wide, and comprising four (4) canopy and eight (8) understory trees per each one hurdred (100) linear feet, shall be installed along the cast property line abutting residential lots. 8. That the maximum building height shall be one and a half (1 iij stories high. ff 9. No individual building shall exceed seventy-five hundred (7,500) square feet, 10, All buildings must have pitched roofs and a slope of no less than burly (30) percent ` IL No parking will be allowed in the front yard setback of any building along Teasley Lane. 1 1 I ' t { 1 l i t 1 `Y i I J I. , I jV !:i t y ,I I I . 1/. f'..: I, n,f if 'llnr (I Irr+nl111 f'J e'. nd 14"1''n', 4, n r n 6 + ~ V 10 e C AGENDA INFOR.NIATION SHEET _1Y -1'6 ATTACHMENT 3 AGENDA DATE: iI DEPARTMENT: Planning Department DCM: Rick Svehla, 349-7715 SUBJECT - North Pointe (PD-'20) Amended Concept Plan (Z-98-027) Hold a public hearing and consider a request to amend a portion of the approved concept plan for a planned development tone district (PD-120). The Planning and Zoning Commission recommends, pproval, as modified (7 - 0). BACKGROUND The 270.48 acre tract is located in north Denton on the south side of Loop 288, west of N. Locust j Street. The amendment proposes to reduce the amount of land for multi-family residential use by 35.37 acres, add 22.23 acres of land for office uses, increase the amount of land for single- family residential cues by 5.81 acres, and increase the land for park, stormwater detention and open space by 619 acres. The proposed maximum number of housing units, as recommended by the Plarning and Toning Commission, has been reduced by 360 units. Applicant's Initial Request, f The applicant's Initial request was to amend a portion of a concept plan approved in 1986, The l proposed amendment applied only to that'portion of PD-120 that is south of Loop 288. The applicant proposed a multi-use development comprised of multi-family, single-family, office, general retail and neighborhood service land uses. The amendment proposed to reduce the amount of land for multifamily residential use by 35.37 acres, add 22.23 acres of land for office uses, increase the amount of land for single-family residential uses by 5.81 acres, and increase the land for park, storm water detention and open space by 6.69 acres. The proposed maximum number of housing units was reduced try 240 units. PD•12 South of Loop 288 Summary of 1986 and Proposed Con opt Plans 1986 Proposed Land Use Acres Density tensity Acres Density Intensity Retail 2842 s FAR 4 28.61 s F 36, Office A 22.3 e , Neii5mbnod Services 70 l A t blulli• amity Resi ential 49.20 =O wuu 49.7 acre 00 units A 308 urkits Town ,orne est tie 35.48 sa O Sin le• amity Resi tint l4LS acre 147.36 4/acre emus Park/Detention Facility TOTAL 1271.17 1 1 100Wts 270.48 1t~units I 5. t tJ 32JO e 0 PD-120 South of Loop 288 Summary of 1986 and Proposed Trip Generation Estimates 1986 Proposed 1 I Land Use Areal Factor Trip q Acres Factor Trip q Units Estimate Estimate 4Retail 436 K 40.7X 17,745 436 K 40.7X 17,745 ' Office NA 484 K l0 0 K 4,840 Neighborhood Services 33 K 1141K 3,760 33 K 114/K 3,760 Multi-family Residential 756 6/unit 4,536 800 6/unit 4,800 Town Home Residential 308 S/unit 2,464 NA Single-family Residential 566 10/unit 5,666 590 10/uni 5,900 ParklDetention Facility 13. I 20.00 TOTAL 271,17 34,164 270.48 37,044 116/acre 1371acre The appiicant's proposed amendment actually increased the estimated traffic intensity on the entire site by approximately 9%, an increase from 126 trips per day per acre to 137 trips per day per acre. The property is located within two designated intensity areas from the 1988 Denton Development Plan: most of the site is within a Low Intensity Area with a traffic intensity standard of 60 trips per day per acre, and the northeast corner of the property is within a Moderate Activity Center with a traffic intensity standard of 350 trips per day per acre. Staff Modification. In an effort to bring the proposed amendment more into compliance with the intensity standr.ds of the 1988 Denton Development Plan, in its report to the Planning and Zoning Commission staff of the Planning and Development Department offered modifications to the proposed floor-area- ratios for non-residential zone districts and unit density for the residential zone districts. See P 6t Z staff report To reduce estimated traffic intensity within the Moderate Activity Center, staff suggested a reduction of the general retail floor area ratio to 0.30 : I, instead of the proposed 0.35 : I. This would reduce the estimated traffic generated within the Moderate Activity Center from 397 trips per day per acre to 347 traps per day per acre, below the DDP intensity standard. PD•120, South of Loop 288 Applicant's Proposed Factors VS. Staff Modification Within the Moderate Activity Center • Applicant's 5tased Modification Retail Floor Area tto M-1 0.30: 1 Total Estimated Traffic 14,396 12,738 } Average Tn is eneration 397 to facre 4 psJ y/acre • To reduce estimated traffic intensity within the Low Intensity Area, staff suggested a reduction Q • of floor areas and unit density as follows: k 6. 3210 now Now" 0 'F PD-120, South of Loop 288 Applicant's Pro I posed Factors VS. Staff Modification Within the Low intensity Area Applicant's Staff Proposed titodification Retail Floor Area Ratio 0135 : 1 0.25: l Office Floor Area Ratio 0.50: -1-0,25: l Neighborhood Service Area 0.25:1 0.20 ; I Floor Area Ratio Single-Family Units Allowed S units 442 units :Multi-Family Unit Density 18 units/am 12 units'acre Total Estimated Tr re 22,96 15,713 Average Traffic Generation 98 tripsldaylacte 67 trips'day acre The staff modification would reduce the estimated traffic generated within the Low lntnesiry Area from 98 trips per day per acre to 67 trips per day per acre, within 109,10 of the DDP intensity standard. The property's proximity to Loop 288 and other primary arterial roads would be a mitigating factor to allow greater than standard traffic intensity on the property. Planning and Zoning Commission Modification. At its August 12, 1998 meeting, after conducting a public hearing, the Planning and Zoning Commission recommended approval of an alternative set of zoning factors: PD-120, South of Loop 288 Planning & Zoning Commission Recommended Factors Moderate Low Intensity Activity Center Area Retail Floor Area Ratio 0.30: l 0.30:1 Office Floor Area Ratio _ 0.30:1 Neighborhood Service Area 0. 0:1 Floor Area Ratio Single-Funi Units Allow 4 70 umu Multi-Family Unit Density 18 units/acre 18 unitsiscre 890 unru maximum areas IoW Estimated T c 12,758 17,817 O Average Traffic Generation 347 trips/ y/acre b trips! y/acre The recommendation of the Planning and Zoning Commission tell" an estimated traffic intensity of 30,605 trips per day for the 270 acre property, a reduction of more than 109/a from the 1986 approved concept plan, h results in the potential for greater Iron-residential land value, 44 more multi-family units, 308 fewer town home runts, and 96 fewer single-family housing A units, compared to the 1986 concept plan. O 0 PRIOR ACTION I UVVIEW (Couocill. Boards. CommWom) The Planning and Zoning Commission recommended approval (7 • 0) of the amended concept plan for North Pointe (PD-120) at its meeting on August 12, 1998. i 7. j i I{ 32 X Y 0 t t 1SCAL tNFORMATIOV The amended concept plan increases the amount of land devoted to non-residential uses and decreases the land for residential uses. An increase in assessed valuation, compared to the prey iously approved concept plan, is likely to result. Y ATTACHMENTS I. Location Map 2. Vicinity Map 3. Zoning Map 4. Site Map 5. Planning and Zoning Commission Report, Z-98.027 6. Planning and Zoning Commission minutes from August 12, 1998 7. Summary of Concept Plan Factor 8. Draft Ordinance rF `Respectfully submin <CJ~ Da tl Director of Planning and Development Prepared b sue. k aldson Assistant Director, Planning and Development I ' I I 8. I , A. t' a 10 32 X I O Attachment Location Map r SITE J q i i 9. - - ~ 'w 25 x 32X a 4 • O ! .1 1 i Attachment 2 Vicinity Map . E Texas LOOP 1 Instruments M SITE Oinnings { Elementary North Lakes Park Evers Park Elementary Strfckland IM dd 7-71 S chool , Evert Park 1 • t , ' n s >r r c +j 20. - ! 2 ~ x IQ 32x10 1 Attachment 3 Zoning Map C ETJ II Fab 120 - -•A F-- { j CNN ..,p.V4.Ia 1., I..,InN, U IN, w 1h aN. d\.., Sao) - ✓ A F LI --N LOOP-288- A Ope- PD 1211 AMA L' \S;~10 A \ MAP J. Am / LI Pb 120 ! I = , I rL: I Ams, { a 1muq. AN. 9. d t' ~tl~ va OY 1000 0 1000 2000 3000 4000 5000 6000 7000 Feet 32 x ❑ . 1 • ~ t ( 1 1 r • ~ 1 I rr..I~L. ~ .mow.:. MF , { . w• ~°wx x"°`11 I 1 r w Ir www iwr1Y ~~i1~r 1 iwY iu.q.wr jl ) 0 t l1.~. E ..:t. ~rrrusr A 1=Y ~ > • Y 11iI•Y}~M I i J ~ I ~ I ,y wti• 1 M I I Ir r PLANNED DEVELOPMENT (PD'120) • f ~ REVLSmICONQ°PlPIAN _ NOR MM 1 Lw. 1 170.48 ACRES DLNTON, TEXAS CO. kH ILIN al,wl~•Ir _ 1 r ~ 1Pf11.~N 1.•I• 25 10 32xIo INA i e 4WAKM ATTACF.MENT i PLANNING AND ZONING COMMISSION REPORT STAFF REPORT Sub ec : Amendment of a Concept Plan Case Number: Z-98-027 North Point, PD-120 Staff: Mark Donaldson Agenda Date: August 12, 1948 PURPOSE Hold a public hearing and consider making a recommendation to the City Council concerning a request to emend a portion of an approved concept plan for a Planned Development (PD-120). The applicant has proposed a multi-use development comprised of multi-family, single-family, office, general retail and neighborhood service land uses. - l SITS / , LOCATION MAP t3. I I li!111111111 11 11;j r" 3, 7 fj 32XIO Mai 1w I 0 AIM% h -rv.~rvvn+ GENERAL INFORMATION Applicant: Ottis L as, Civilworks Engineering 3516 Socorro Road Fort Worth, TX 76116 (817)244.6077 Owner: j Craig Ownby, KDRCII 1401 W. Pioneer Parkway, Suite 106 Arlington, TX 76013 (817)226.1718 Location: The development is located in north Denton, south of Loop 288 and west of N. Locust Street. Site: 270.480 acres, SUMMARY OF REQUEST This request is to amend a portion of a concept pien approved In 1986. The amendment applies only to that portion of PD-120 that is south of Loop 268. The applicant has proposed a multiuse development compr;::1d of multi-family, single-family, office, general retail and neighborhood service land uses. 1ne amendment proposes to reduce the amount of land for multl-family residential use by 35.37 acres, add 22.23 acres of land for office uses, Increase the amount of land for single-family residential uses by 6.81 acres, and Increase the land for perk, storm wafer j detention and open space by 8.69 acres. The proposed maximum number of housing units is reduced by 240 unite. PD-120 South of Lc~)p 288 Summa,y of 1986 end Proposed Conce t Plans A 1986 Proposed Land Use Acres Density Intensity es Density Intensity Retail 28,62 35% FAR 4 28,81 9S AR 4 , Office NA 22.23 SO% FAR 451,000' Net hborhood a ces 3. 1 __j1_ Multi-family Residential 49.20 181scre 7 unite 49.27 18hcre unlta d' Town Horne Residential 48 910e units 0 Sfn le•fa~mlly Residential 141.65 4/acre 147.38 41aae units Park/ et- -terition Facili -15-5 1 v~ TOTAL - 71.1 11631 units 1390 unaa 14. La - - s GOtliBF/N ' s PD-120 I South of Loop 288 Summa of 19b6 and Proposed Trip Generation Estimates _ 1986 Proposed Land Use Area/ Factor Trip N Acres Factor Trip # Units Estimate Estimate i Retail 436 K 40.71K 17,745 436 K 40.7/K 17,745 Office NA 484 K 10,0/K 4,840 Nei hborhood Services 33 K 1141K 3,760 33 K 1141K 3,760 Multi -famil Residential 756 61unit 4,536 800 8runit 4,800 Town Home Residential 308 S/unit 2,464 NA M family Residential 566 10/unit 5,660 590 101unit 5,900~_ etention Facility 13.31 20.00 TOTAL 271.11 34,164 270.48 37,044 128/acre 137/acre PROCESS This equest Is to amend a portion of an approved concept plan for a planned development (PD- 120) zone district. PD-120 is comprised of 412.12 acres, north and south of Loop 288, west of N. Locust Street. The request Is to amend only the purtion of the planned development that is located ( south of (inside) Loop 288. The zoning ordinance approving the current concept plan and creating this planned development was approved by City Council on September 24, 1986. If the current request to amend the concept plan Is denied, the previously approved concept plan will prevail. A concept plan Is one o three types of plans allovvd to establish a planned development zone district: concepf plan, development plan or detailed plan. A detailed plan Is required prior to any development within a planned development zone district. A recently approved development plan allows Planning and Zoning Commission approval of subsequent detailed plans; otherwise, detailed plans must be approved by City Council. A planned development with an approved concept plan must also obtain detailed plan approval prior to any development activity. In addition, the properly must be platted prior to any 1J development seWity. It Is during the platting process that the size and location of any required development-related public improvements are determined, Including, but not limited to such Items as right-of-way dedications, street Improvements, sidewalks, water and sewer tine et,~tenstons, and public utility easements. In addition, as a result of platting, some development may be required to provide off-site Improvements In order to accommodate the proposed development. N ~ ~ II IL~ 1 15. POW, 32 u m 0 COMPREHENSIVE PLAN ANALYSIS Most zoning amendments hinge o i two issues: 1. Consistency with master plans; and 2. Compatibility with surrounding land uses. Consistency with the Denton Development Plan, The DDP establishes several criteria to evaluate proposed zoning changes with respect to consistency with the Plan: I Land Use. The Dl establishes Moderate Activity Centers and Low Intensity Areas within i the city. Moderate Activity Centers emphasize a diversity of land uses at the intersection or abutting major thoroughfares, Low Intensity Areas are Intended as the primary location of housing, but clearly encourages non-residential uses within low intensity areas (p.28). I The northeast comer of this property Is within a Moderate Activity Center at the intersection of Loop 288 and N. Locust Street. This area Includes general retail and multi-family land uses consistent with a Moderate Activity Center. The balance of the area is within a Low Intensity Area. Limited non-residential use abutting Loop 288 1 and Highway 77 as proposed would be consistent with the standards established in DDP for a Low Intensity Area. Intensity. The intensity standard for Moderate Activity Centers is 350 vehicle trips per day per acre. The Intensity standard for Low Intensity Areas is 60 vehicle trips per day per acre. ( "Applicant's Request" Estimated Traffic Generation within the Moderate Activit Center l FloorEstimated Estimated Estimated Land Use Acres Area Floor Area Trips per Trip Ratio 000 s q. ft. 000 S q. Ft. Generation Retail 20J4 0.35:1 316.2 40.7 12,889 Multi-Family 15.99 1 1 units/acre x a tri slunit 1,727 TOTAL 36.73 14,596 Avera a 97 trips per acre per day B As requested, the proposed land use plan Is 13% more Intense than the intensity standard established in the DDP. The retail portion of the land plan Is responsible for most of the estimated trip generation. The Intensity, standard within the Moderate Activity Center can be achieved by adjusting the Floor Area Ratio within the Retail area to 0.30: 1. This will reduce the allowed square footage of development in the area and result In fewer estimated trips per day per acre. • The retail development on 20.74 acres would be reduced from 316,200 square feet to 271,000 O square feet of gross square feet of developed area. 16. 32 X O "Staff Modified" Estimated Traffic Generation within the Moderate Activity Center Floor Estimated Estimated Estimated Land Use Acres Area Floor Area Trips per Trip Ratio 000 s q. h. 000 S q. Ft. Generation Retail 20.74 0.30:1 271.0 40.7 11,030 -Multi •Family 15.99 288 units x 6 trl slunit 1,728 TOTAL 38,73 12,758 Averse 347 trips per acre per day Within the Low Intensity Area, the analysis Is simiiar. The proposed land use plan results in estimated traffic generation 98 trips per day per acre, 63% greater than the Intensity standard In the DDP. "Applicant's Request" Estimated Traffic Generation within the Low Intensl Area Floor Estimated Estimated Estimated Land Usa Acres Area Floor Area Trips per Trip Ratio 000 . A. 000 . Ft. Generation Sin le•Famil 147.36 590 units x 10 tri slunit 5,900 lullf•Famll 3's.28 600 x 6 trips/unit 3,600 Retail 7.87 0.35:1 120.0 40.7 4,884 Office 22.23 0,50:1 484.2 10. 4,842 Neighborhood 3,01 0.25:1 32.8 113.9 3,738 TOTAL 2 3Jb 22,96 Averse 98 trips per acre per day A reduction In development Intensity woulu be required to reduce the traffic generation to the • Intensity standard for a Low Intensity Area. Such a reduction of Intensity could be accomplished In a numher of ways. For example, a reduction of floor area ratios for retail and office to 0.25: 1 and neighborhood servtces to 0.20: 1, plus a reduction of housing densities to 3 units per acre for single-family and 12 units per acre for multl-famlly would result In an estimated trip generation of 67 trips per acre per day, 12% greater than the Intensity standard for a Low Intensity Area. v / ` 17. 1 32 x ❑ e OWN" O "0000 I "Staff Modified" Estimated Traffic Generation within the Low Intensit Area Floor Estimated Estimated Estimated Land Use Acres Area Floor Area Trips per Trip Ratio 000 s q. ft. 000 S q. Ft. Generation Sin le•Famil 147.38 442 units x 10 trips/unit 4,420 Multi-Family 33.28 400 units x 8 Iri s/unit 2,400 Retail 7,87 0.25:1 85.7 407 3,488 4 Office 2223 0.25:1 242.1 10.0 2,421 Nel hborhood 3.01 0.20:1 26.2 113. 2,984 TOTAL 233.75 15,713 Avera a 871ri s er acre er day The DDP allows individual parcels within a Low Intensity Aree to exceed the Intensity standard. There are mitigating factors that may allow approval of a greater intensity than the standard 60 trips per day: 8 The percentage of residential area (77 % of the area within the Low Intensity Area) that Is below the Intensity standard, even at the requested densities (180.64 acres at 53 trips per acre per day); 0 The location of the retail and office areas along Loop 288, with access from a frontage road I and proposed secondary arterial (n'.cosla Street); and, • The location of neighborhood services in close proximity to Highway 77 near its Intersection with Nicosla Street. Concentration. The DDP encourages the development of small neighborhood centers f within Low Intensity Areas. It also indicates the development of Moderate AcUvity Centers at major intersections of arterial roads. The requested land vss plan establishes neighborhood services within the Low Intensity Area near the intersection of Highway 77 (a primary arterial road) and Nicosia Street (a secondary arterial road). It also establishes retail and office uses near the intersection of Nicosia Street (a secondary arterial) and Loop 288 frontage road (a primary arterial road). Within the Moderate Activity Center, the land use plan establishes retail and multi-famlly A residential uses near the intersection of Loop 288 (a primary arterial road) and N. Locust Street (a primary arterial street). These ooncentratbns are consistent with the DDP. Within the Low Intensity Area of the planned development, residential land uses comprise the majority of land uses - 77% of the land area. e Strip Commercial, The DDP discourages continuous strip commercial development In/or 0 near tow Intensity areas. The DDP does not defne'strip oommerciar; however, in the past several - members of the Commission have attempted to define it as eingle-building, multHtenant development with little landscaping and many curb cuts, Le., West University Drive. 18. e Avg*" w Within the Low Intensity Area along Loop 288 (a secondary arterial road) there is a concentration of relatively intense land uses - retail, office and multi-family residential. The modified floor area ratios suggested by staff to reduce the intensity of these land uses will also serve to negate the potential for strip development. Properly designed detailed plans will allow the clustering of development and the preservation of open spaces, view corridors into the Interior of the development and abundant landscaping along the Loop. Detailed site plan approval is required within any planned development prior to development activity. Compatibility with surrounding land uses. The DDP establishes several criteria to evaluate proposed zoning changes with respect to compatibility with surrounding land uses within a low Intensity area: Site Plan Control. The DDP says the non-resldentlal development must maintain the character of the area with architectural design and landscaping. Detailed site plans and associated conditions will be required prior to any development of the property. Traffic Design. The DDP says that non-resldentlal Laos should have access to collect w and arterial streets with no direct e^cess through residential streets. The proposed concept plan establishes direct access for all non-residential land uses to arterial roads with no direct access through residential streets. Intensity, The DDP allows individual properties to exceed the Intensity threshold as long as the over-all intensity standard for the area is maintained. I The Increased intensity on this 270.48 acre property is In or, appropriate location with respect to the arts rT I road system and will not off-set the reduced Intensity within the more than 90 percent of the area that Is developed as single-family residences. Green space. Sufficient green space should be provided. The City's landscape ordinance and the modified concept plan with floor area ratios recommended by staff will assure the possibility of designino adequate green space In the final detailed site plans. Neighborhood Input, Input Into planning by neighborhood associatkns and councils Is encouraged. This policy is Intended to generate Input and rat veto power (p. 29). No neighborhood meeting has been held. 19. 25 32X C1 H 0 ,oA1@lli o a.:m'm i [SIPECIAL INFORMATION 1. Transportation A. Trip generation. The requested concept plan proposes land uses that are estimated to generate 14,596 trips per day from the 38.73 acres within the Moderate Activity Center (397 trips per acre per day) and 22,950 trips per day from the 233.75 acres within the Low Intensity Area (98 trips per acre per day. Both areas are above the Intensity standard established in the Denton Development Plan - 350 tripsldaylacre for Moderate Activity Centers and 60 trips/day/acre for Low Intensity Areas. The modified zoning attributes as recommended by staff reduce the trip generation to 347 trips/day/acre for the Moderate Activity Center and 67 tripstday/acre for the Low Intensity Area. 8. Access The requested concept plan would require a frontage road along Loop 288 that would provide arterial access on the north edge of the development. N. Locust Street provides arterial access on the east edge of the development. Nicosia Street to Highway 77 and the Loop 288 frontage road provides arterial access along the westem edge of the development. The existing concept plan has a series of required road improvements tied to phases of i i development. See attachment 8. The applicant has not requested to remove these required Improvements, Phass 1 involves land in the southern portion of the property and requires improvements to Nicosia and Highway 71, Phase 2 Involves land in the northern portion of the property along Loop 288 and requires improvements to N. Locust Street. Phase 3 Involves land north of Loop 288 and Is not under consideration. C. Levelotservice Loop 288 and Highway 71 In this area provide adequate levels ~)f ser*A to accommodate any proposed development. Highway 77 will be upgraded to four land d;vlded highway in i the very near future. N. Locust Street had 4,709 trips per day In a 1997 sample, Improvements to N. Locust would be likely with any development. t;t.csia Street is an ur}developed right-of-way, Construction of a portion of Nicosia would be required with any development s D. Pedestrian Unkages Sidewalks along all public streets are required of any new development. The concept plan establishes the potential to link housing, work and shopping opportunities In close proximity to each other. In addition, required stormwater retention facilities and park land dedication can create recreational opportunities within the development. Also, the school district may well choose to locate an elementary school within the development, further extended the O t k, potential for Internal pedestrian linkages. '4eF 20. o 0 hpl}D.R, 2. Utilities A. . Water There is an existing 16 Inch water line along the western boundary of the proposed development. 8. Waste water There Is an existing 18 Inch waste water line flowing south along the western boundary of I the proposed development. There Is also an existing 12 Inch waste water line flowing east south of the property. 1 C. Electric Electric service Is available in the vicinity. 8. Drainage and Topography I There is a signification drainage swale running through the property Is a north-,o-south direction. There is an Identified need to locale a regional storm water detention facility on this property and/or the property adjacent to Its southeast boundary. The facility must be approximately 20 acres in area, although not all the facility needs to be contained within this development. 4. Signs Any detailed site plans must address signs. If any proposed signs deviate from the Sign ( Ordinance, details must be provided on the detailed plan. 6. Off Street Parking Any detailed site plans must address off-street parking. If any proposed off-street parking deviates from the Zoning Ordinance, details must be provided on the detailed plan, 8. Landscaping Any detailed site plans must address landscaping. If any proposed landscaping requirements deviate from the Landscape Ordirance, details must be provided on the detailed plan. 7. Lighting Any detailed site plans must address fighting. If any proposed off-street parking deviates from • the Zoning Ordinance, details must be provided on the detailed plan. Until a lighting ordinance Is approved, the standard IlghUng condition will be sttached to any approved zoning. 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 dUirsion , Into the night sky. • O 0 8. Park Land Dedication ' The required park land dedication, or fees In lieu of land, is dependent upon the actual number , 21. t s+ ' I d of single and multi•ramily housing units developed. Zoning only provides a maximum development threshold. Based on the thresholds created by the requested concept plan, park land dedication of approximately 8 acres would be required. i 9. Schools , The school district has Indicated a need for an elementary school site of approximately 15 acres. j 10. Chronology Jandery 14, 1969 - The subject property was placed in the Agricultural (A) zoninr, classification and land use designation by Ordinance 69-01 which adcpted the fir it zoning ordinance and map for the City of Denton. September, 1086 - The subject property was classified as a planned development (PD-120) by Ordinance Ml 73 with an approved concept plan. January, 1996 - A conveyance plat for 70.483 acres of the subject property was approved for the purposes of sale of the property. PUBLIC NOTICE Notice of the zoning request was published In the Denton Reoord-Chronlcis on August 2, 1398. Forty-nine (49) property owners were notified of the request on July 31, 1998. As of this writing, there has been one response In favor of the request and no responses In opposition. The 20% rule is riot In effect. RECOMMENDATION Staff reoommends approval of Z•98.021 with the following conditions: 1. Floor area ratios as follows: 0,.50 t w,K-•~ j} a. Retail: 0.25: 1 t_+.j 11 b. Office: 0.25: 1 C. Neighborhood Services: 0.20: 1 2. Maximum resldenf;al density l a. Single-family: Not to exceed 442 unite { b. Multi-family: 1I Within the Moderate Activity Center. 18 units per we Within the Low Intensity Area: 12 units per acre Total multidamlly housing units Not to exceed 688 units O 0 3. Transportation Improvements. The list of transportation Improvements associated with the ( land development schedule provided In Ordinance 86-113 shall be required. 22. i r,., 10 32 x I O 0 +.II I F4. Lighting. Lighting on the properly 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. MOTION I I move to recommend approval of Z•98-027 with the conditions as recommended by staff; ALTERNATIVES ' ;Co' 4. Recommend approval as submitted. 2. Recommend approval with conditions. 3. Recommend dental. 4. Postpone consideration. 6. Table Item. ENCLOSURES { 1. Vicinity Map. 2. Zoning Map. 3. Utility Map. 4. 200' and 600' Property Owner Notification Map. 6. Denton Plan Matrix. 8. Summary of 1986 and Proposed Concept Plans 7. Copy of Ordinance 88-173 8. Phasing of Transportal'on Improvements, Ordinance 8u-173. + 23. I Y UJ fIl ~ 10 3G i 0 0 ENCLOSURE 1 Vicinity Map t ~ PD, 120, Northpante L(X)P 281 LL I sl Em. a v NV N / SUMshp / V W E { Rmd names.ft . C~ Pdl'CE~.Shp S 24. 25-10 3 2xio o 0 5 ENCLOSURE 2 Z-98.027 (PD 120) ZONING MAP ..................L. , !TJ i"- PD 120 rA F...-_____ .......Jl ir1....r1 vyulr ru111,mn.,, ir1.In. na In..r ur, AL I N LOOP2t!- 1 , -11 A PD 120 A~. IA LI ' ~ . PO 120 ft V~ 1 SF-7 ~_J111 ~ i ~ FE I 1 ~ rf 1' I IPD 116 Cdr •I l r _ _A. ~ 'g l'4 111 ~ ~ PD ~ E9 1 , 1 1000 0 1000 2000 3000 4000 5000 6000 7000 Feet N 1 W E , - I S 2s. Agra" , 0 . 4 xa ENCLOSURE 3 Z-98-027 (PD 120) ` UTILITIES MAP 1gg W ' 1.1. 104 OKW • rte: R LINO i r 1 16 1000 0 1000 2000 3000 4000 5000 Feet W E 1 ( 1 S 3 26. ~:'"SYIC~ 32x;❑ s 0 o ENCLOSURE 4 i Z-98027 (PD 120) I 200 Ft. Notice Boundary I I . Ir ln.•• 1 PD 120 ( I 1tl.....,. P...111 W me l on,,.,. Ib.6nh INof of 11111 1 1 ,.1 . 11 r.:.r H LOOP. 284 1I1 .I a........... ofoo Pol / j P.6,120 ' !I ! 1 ( . • r t 1 1 .I . 1000 0 1000 2000 3000 4000 SOOO 6000 7000 Feet N S 21. 25 32XI0 a U ENCLOSURE S The Denton Plan Policy Matrix Z-98-027, PD-120 Concept Plan Amendment Chapter Chapter Heading Comments 1 Transportation The development ties primary and secondary arterial System roads on four sides and will contribute to their Improvement. 2 Storm water Drainage A regional storm water detention facility will be System constructed as a result of an development. 3 Water 6 Wastewater Not Applicable System 4 Electric Not Applicable System 5 olid Weste Not Applicable 6 Parks and Recreation A neighborhood park site will be made available as a result of any development. It r,ay be linked to neighborhood school and storri water detention facilities and provide linear green space within the development. 7 Environmental Quality Any development will most City landscape, park land dedicatiion and storm water detention requirements. 8 Neighborhoods Ixed uses are provided within the district - housing, retail and office. Transit opportunities may become available along arterial roads. i 9 Housing Proposed development within the Loop rear existing utilities fulfills'infill' objectives. A mix of housing types - single and multi-family - wilt be provided within the district However, the 1986 concept plan had a wider variety of housing s and densities, 10 Economic Iversi cation ixed uses are provided. Retail and ce u development could result. 11 Government Not Applicable 1 an Design X01 p scab e 13 Public Involvement Not Applicable Summary; • Overall, the proposed amendment meets several Denton Plan policies. The 1988 concept p plan allows a greator mix of housing types, sizes and costs within the neighborhood. 28. }PROW 0 I t mamma ATTACHMENT 6 { SUMMARY OF 1986 AND PROPOSED CONCEPT PLANS ` PO-120 South of Loop 288 Surnma of 1988 and Proposed Conoe t Plana 1988 Proposed Land Use Acres Density Intensity Acres Density Iniensit Retail 28.82 35% FAR 436,000' '-T876-115% AR 430,000' Office NA 2123 96 % F 4 ,000' j`.. Nel hborhood Services -34-1 1 Multi-famil Residential 49.20 181acxe 758 unlta 49.27 Micro B units town Home Res en a1 35.48 acre 08 un s Sinrlle- ami Residential 141,55 4/acre 888 147.38 41acre 590 units ParWDeten on Facility 1 ST _ 1 20.00 TOTAL 271.17 1830 units 270.48 1390 units i i 1. i 29. ; 25 32 X 4 ixmierass nl''PACHMENT 7 NO. AS SAME WAS THE ZONING APPENDIXPTO Of THE CITY OF THE CODE OF ORDINANCES TEXAS, r THE CITY OF DENTONI TEXAII IY ORDINANCE N0. 69.1, AS AMENDED, AND AS SAID MAP APPLIES TO 413,13 ACRES OF LAND LOCATED ON THE WEST SIDE OF F.M. 3161, APPROXIMATELY IISSO FEET NORTH OF HERCULES LAME, AS IS MORE PARTICULARLY DESCRI16'D HEREIN; TO PROVIDE FDA A CHANGE IN ZONING CLASSIFICATION FROM AGAICULTURAL "A" DISTRICT CLASSIFICATION AND 1'$I DESIGNATION, TO PLANa'ED DEVELOPMENT "PU" APPROVAL OFLASCONC PTIOPLAN FORUSAIO DISTAICTINANDPPROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEX.1, HERESY ORDAINS: SECTION 1, acreshof realsproperty, describednInnExhibite"A",e attached4iere- to and Incorporated herein by reference, Is hereby changed from Agricultural "A" District Classification and Use destination to Planned Development "PD" District Classification and Use designs. Dion under the comprehensive toning ordinance of the City of Denton, Texas. SECTION It. That the "concept Fish" attached hereto as Exhibit "1", and incorporated ,hoteln b reference, is hereby approved as the concept plan for the district herein astablished, in accordance with the provisions of artitle 11 of Ap endix 1•Icning of the Code of 0 4tnsnces of the City o! Denton, Texas. SECTION III, ',at the district herein approved shall be subject to the following conditions, restrictions, and lisitationst 1. Lend uses In amoral retail areas shall be all uses ppermitted In tno general retail district In Article 7, Section N•Retaii Service Typo Ussi, and the following additional usest amusement commercial Undoer)I theater other than drive-in type, gasoline sarvlee station, new auto parts sales stores, roller and ice * skating rink, and Auto laundry, . 1. The areas designated for townhouse use must be Iden- tified and approved as attached or detached units on 3 the detailed pica. 3. All streaming and lances suit be shown and approved on the detailed plan, 4. The 10ilrwin9 trshipsrtatien lsproV4 oats ate required as outlined in the Development Schedule in Exhibit „1„ The plans for the leprovaants must be submitted E 0 ' witA the first plat for any Fitt of the phase, et any portion that**(. ' Z•111f/PA61 1 30. 10 o I c • r { i er.meaw,a a A. Improvements required to be completed with Phue h (1) Construction of U. S. Highway 77 as a four lane divided artarial from west arterial to Orr ' Street. (2) Construction of west arterial as a four lane divided arterial from U. S. Highway 77 to Loop 208. (3) Construction of left turn lanes and rl he turn lama at west collector and U. S. H119way 77. (Figure 1) (a) Provide for Lnstillstlon of traffic slonalita- tion on west arterial at Highway 17 and at the southern entrance to the project. 1. Improvements required to be completed with Phase air i (1) Construction of P.M. 2161 as a four fans divided arterial from the Loop 281 to Orr Street. N (2) Construction of U. S. Highway 77 and P.M. 2161 intarsectlon At Orr Street. (Flours 11) (3) Construction of left turn and right turn lanes at P.M. 1161 and Loop 21! an south side. (Figure 111) (1) Construction of diamond interchange to provide (our•phose operation of P.M. 1161 and Loop 111 and provide for traffle si``nslltotion at War. section and dual left turn Ianer. (1) Construction of right turn and left turn lanes at F.M. 1161 and internal collector and provide for signallsatlon. (Flours IV) C. Improvements raqulred to be completr, with phase alt. (1) Construction of vest arterial as a four lane divided arterial from Loop 211 to the northern boundary line of this project. (2) Construction of overpass at Loop 111 and west arterial (3) Construction of P.M. 2161 as a tour line divided arterial from Loop 261 to the northern boundary of this project. (1) Construction of overpass at Loop 211 for in- ternal collector. SECTION 11'. The tonin Map of the City of Denton Toro, adopted the lath day of Januarys 1fit as an Appendis to the Code of Ordioences of the City of Dentoe, ~srae under Ordinance Me. 69.1, e6 amended, Is o i her eby amended to ahav such ehaala in District Classlflatien and Use subject to the above conditions and specifications. t•lll!/FA01 1 31. 7.5 X Q 32 x ~ ❑ r ~ I e , i mrscrha I t SECTION V, Thae the Clty Council Of the City of Denton, Texas, here finds that such thongs is In accordance with a comprehensive pl for the ppurpose of promoting the general welfare of the City Denton, Texas, and with reasonable consideration, among oth, things for the character of the district and for its pecull. suitability for particular uses, and with a view to conserving ti value of the buildings, protecting human lives, and ancourali the most appropriate uses of land for the maximum benefit to ti City of Denton. Texas, and its citizens. SECTION VI. That this ordinance shall become effective fourteen (U) ds; Erom the date of its passage, and the City secretary Is heret directed to cause the cRetaption of this ordinance to be publish, twice in the Denton drd•Chronicle, the official newspaper , the City of Denton, Texas, within tea (10) days of the date of u i passage. PASSED AND APPROVED this thea'"o day oly, 1916. RAW 3191 CITY P DENiON TEXAS • r ATTESTi { 1 I C HY OP NTON,,TEXAS APPROVED AS TO LEGAL PORMI DEBRA ADAMI DAAYOVITr,N, CITY ATTORNEY CITY OF DENTON, TEv.A3 M ATS-cx~ b. NAA 1660.1!61 V ~ i .i p. c 72, i • 32XIO 4 0 .ANMVIN ATTACHMENT 8 Phasing of Transportatio Improvements Ordinance 86-.I3 A. Improvements required to be completed with Phase 11 (1) Construction of U. S. Highway 77 as a four Iane divided arterial from west arterial to Orr Street. (2) Construction of west arterial as a four lane divided arterial from U. S. Highway 77 to Loop 218. (3) Construction of left turn lanes and right turn lanes at west collector and U. S. Highway 77. (Figure 1) (4) Provide for Installation of traffic signallta- tion on vest arterial at Highway 77 and at the southern entrance to the project. 8, Improvements required to be completed with Phase lit (1) Construction of F.M. 2164 as a four lane divided arterial from the Loop 211 to Orr Street.• (2) Construction of U. S. Highway 77 and F.H. 1164 ( intersection at Orr Strut, (Figure 11) (3) Construction of left turn and right turn lanes at F.M. 1164 and Loop 211 on south side. (figure (11) (4) Construction of diamond interchange to provide four•phass operation of P.M. 1164 and Loop 211 and provide for traffic al naliestion at Inter- section and dual left turn 1anu. (S) Construction of right tarn and left turn lanes at P.H. 2164 and internal collector and provide for signallu tion. (Figure IV) C. lmprovemen a required to be completed with this* 1114 (1) Construction of west arterial as a four Ian$ divided arterial from Loop 211 to the northern boundary line of this project. (2) Construction of overpass at Loop lit and west arterial. (3) Construction of P.M. 2114 as a four lane divided avterlel from Loop 211 to the northern boundary of this project. (4) Construction of overpass at Loop 211 for in• tornal collector. r 33. r; V 10 32 x o U EXCERPTED DRAFT MINUTES PLANNING AND ZONING COMMISSION August 12, 1998 The regular meeling of the Planning and Zoning Commission of (he City of Denton, Texas was held on Wednesday. August 12. 1998, at S 30 p m , in the City Council Chambers at City Hail, 2 15 East McKinney, Denton, Texas. Present Elizabeth Gourds, Sally Fil 1, Susan Al Jim Engelbrechl, Rudy Moreno, Carol Ann Getter, and Bob Powell Present from Sialf Mark Donaldson, AtsislMl Director of Planing, Mike Bucek, First Assistant City Atlorney, Wayne Reed, Planner 1; David Salmon, Engineering Administrator PUBLIC HEARINGS - ZONING CHANGE 10. Hold a public hearing and conslda making a recommendation to City Council regarding a request to amend a portion of the approved concept plan for a planned development tone district (PD-120). The 270.44 Acts tract is laded In north Denton on the south side of loop 218, west of North Locust Street The amendment proposes to reduce the amount of land for mull family residential use by 38.37 acres, add 22.33 see" of land for office uses, Increase the amount of Iend for single-family residential lusem by 8.11 acres, and Increase the land for park, stoemwster delentien end open space by 6.11 sera. The proposed maximum numbee cl housing units Is reduced by 240 units, iZ•11-021, North Points, Mark Donaldson) Comrmil nr Engelbrecht That means we move on to lam 010-hokf public MMng and Consider making a recommendation to City Council regarding a request to amend a portion of the approved concept plan for a planned development district (PD120), The 270 48•scre tract is kicaled in Wh DMlon on the south side of Loop 288, west of North Locust Street. The amendment proposes to reduce the amount of land for muRtifami/y rasidential use by / 35 37 acres, add 22 23 ease of land for offwA uses, increase the amount of land for single-family residential uses l by 5 81 acres, and increase the land for park, storrnwster detention and open space by 0.68-aues The proposed maximum number of housing units is reduced by 240 units. I believe Mr. Donaldson his the staff report. Ma Mark Donaldson presented the staff report. Mr. Donaldson I do.. PD-120 Is a fairy, large planned development district located at the inlenedion of loop 288 and North Locust Street, The eras that we're considering this evening Is approximately 270 stns, on located south of Loop 288, Could I have the document"m Room out a little bit? Thank you At Loop 289 on the north, Locust on the east, and you can see down We, Highway 77 passes nearby, and on the west border is a proposed secondary arterial street aged Nicosia Street that ran run wentually, ham highway 77 up to any fronlsge road that is developed along 286. The PO Is virtually surrounded by Medal roads. The existing concept plan h similar to the proposed, I think the proposal aduarly works to simplify the Concept plan. It removes several different types of housing districts and sirnpliAea those into " They've requested a mutt♦•lemity toning district up On the northern edge adjacent to Loop 268 with 18 units per more and a single singie-famiy district that makes up more then hall M the land area within the PD with SF•7-style toning. They've requested a total of 690 1 be allowed, You an see in my ansysis that In order to most the Intensity standards of the Denton Development Plan which was lone in 0 1980, I've proposed a modified eel of denslNe and Intensities foe the land. Keep In mind that this concept plan wee put in place pnd to adoption of tan Denton Development Plan a that planning oonsiderdions may have Changed from 1956 when we was approved, f bell through 1966 when the Denton DerekopmeM Plan was approved. The ores actually contains two planning areea that we Nlk about a lot, IDne Is a modal schiry, which Is essentially this area right up hire. If you're familiar with the land, there's a major overhead electric IrMSmisw line that kind of demorks the boundary belrwen love inlanSity area on this cede and moderate intensity on this side. Wire lookeng to ooncentrale a lot of adlviy into this northeast comer. Thai applicants have proposed Gennsl . Ratan adjacenl to the Intersection and then must]-family behind 6 and a" the Loop. I have suggested that we Change Ne requested AM arses from 0.3SA Aoa area ratio, which mains 38 agWre feel for every 100 911usn O O feet of land area, to 0 30 and Steel we leave the raquaaled muKl-family dMeny N 18 unite per acre within this pan of the muRi-family cone distrld. As we move into the one intenaly sees, keeping N mind tent thew asee are d-lferentlated within The DOP pelmar0y by vehicle trips generated. A moderate adivel arse offers in k tensity 1I { standard of 350 vehicle trips per sae pal day eompoW to a 60 trips per sae per day In ale low Intensity area So, i I 34. nr~ r11 0 , O C - f , planning and Zoning Comm'smon Minutes August 12, 1999 Page 2 of 25 j there's a signifunt change in the type of activity that the Donlon Development Plan establishes with much higher concentrations of activities up in the moderate activity area compared 10 the low inlensity, if we look at the request in is entirety, they to actually intensifying the number of trips on he property compared to the existing concept plan because they've substituted essentially office zoning for a restricted multi-family. So by doing that, theyve actually upped the estimated trips generated from the property, In order to gel these in compliance with the Denton Development Plan. I've offered a series of floor area ratios and units Those Are found-the pplicarit's request for the moderate activities center is found on page 4 of your backup and then, over the next I pages there are hires other tables. Ill just generaly, walk you through those, And again looking at the moderate activity area first, we have retail and multi-farri letail at 35% floor area coverage, basically-the murti-famiy at 18 units per acre. And keeping in r and that the inters ty standard is 350 trips per day, the request works out to be about 400 trips per day, so that by educing the Poor area ratio within the rated district down to 0,30 we can get that estimated trip generation down to 347 which is below the 350 threshold, Over the Iasi several months, we've talked about floor t area ratios slang Teasley Lane. 111 just show you It table of those to put things into perspective You're not going to 1 be able to see that, Can I zoom in on this a little bit) I think you're still going to have to trust me on thin Along Lillian Miller and Teasley, there's been a number of recent office re-tmings Coiletil they have worked out to be a floor area of 0 24 1. And then then are three approved retail and other toning districts, which collectively have worked out to be 0 23 1 flow area rata. Those have become kind of the standard for non•reo'dential uses t a low Intensity area. Ace you recall, the most recent one, Southridge Oaks which was in PD-87 which was actually an 18% noor Brea ratio-agair, 18 square feel of development for every 1D0 square feet of land area, $it, that takes are of the moderate activity center, and you can see that lull by a fairy minor--minor In my mind-reduction In the floor area rata, we can get this into compliance with the Denton Development Plan. That means going from an allowance of 318,000 equals feet of developed ores under Ihe applical request to 271,000 square feet under the modified scenario To Justly that, I went through an example using the 30% figures and starting with 20.74 all That's a total of 900-some-thousand square fast of land, If you take away our 20% landscaping requirement, that leaves 723.000 square feet avaihbe for development. If you take 30% of that ee your maximum floor arse, that leaves 450.000 square feel fur available parking area. If you assume that oath parking span eats up 350 square feet for the parking span and on of the appose and maneuvering spaces, you an a" that they would be All to generate almost 1,300 parking spaces In that available land. The requirement from our zoning code would be 1 space fine every 200 square feet of floor ores, which would equate to about 1,355 required perking spear So, you can see that the 30% Pow area rstlo, n you assume trigle-etory, fetal deve"ment, which is generally the case, works out to be fairy close to a maximum utilitation of the land. Okay. Moving on to i low Intensity ens, again keeping the same concept as for as the mixed uses xi moNPorr y, office, retail, neighborhood services and single-family, the concept Is obvil to provide a mWit rs of uses within the area which is consistent with the Donlon Plan policies that hove been adopled-to provide retail and office opportunR a with visibility from the loop; to provide neighborhood service po sibiltia of the Intersection here, Highway 77, and the planned arterial cn the west side.-to keep the balance for the single lam ty. Keeping in mind Not ode City, Men I coma time to plot, Is going to require Acreage for a regional detention ppnd in this souftaal banner, moil likey, we will require parkland dediaWirt of about 6 fail, and the school has Indicated that there's a need for an elementary school %do In this area of about 15 acres. If we were to ask the developer to do aI of that- end "to's no dov.4 counting the space, which we can't allow wnh retention and park ship even park and school s1tos-we'd be looking of something on the order of 45 was being dedicated to public purposes withll this area. The eppncant hot Indicated that, you know, they're more than wining to do thou fair share on the rriorial detmtlal facility, and they reoogri that perks work for them ee wet as for us. I think at thie point, they're not yet win rag to dodiate-lo I is school ode. I've realty focused on Just placing a lmn on he number of units that oould be built within this single-famiy district rather S than a density figure because the land available for public feelHl o is sbl up In the sir. They hove requested 890 units, which is 41 per we a+ the 141 aup that they're counting all sirgla-fomly area, I've suggested that they need to gas dawn to 3 untie per sore, or 442 untie, In order to fchlim the 60-10 toms cloee to the 60 btps pet day per aaA. H actuary works out to be about 61, Somewhere between those Iwo numbers is probaby a number that everybodyY comfortable ii Unimai I think the role of the school betomos a factor in this, If we look on It's chart and look at the number of unit In this column, starting with 890 which was their tpuest, end look at the entire 141 acres-that's 4 untie to the acre-d we take out a school an@. "pets up to 4.46 urns pet we, Titer, • the numbar that staff he$ suggested In coder to mood the Hons ly calculation a a 442, .vn Ch Is 3 units per sae. If you not out the school sins and spread those N2 canna over 132 acne nstead, thal 3 34 urine pM sae. A bit of 4 • our Sli tons districts right now are tooting In at 3.8 to 3 6, 39 units pet we. We can see we're namowtng in on probably the optimum amount here , Again, the printing gets ra ly small, I'l lalk my way through this ON fare. Mr. Rishel, Mr. Donaldson? I 35. 3 2, 71 r n 41 hr O Plann4rg and 2on,rg Corrnm,snon Minutes August 12. 1998 Page 3 or 25 Mr Donaldson. Yes l Mr Risher Did you indicate that they had not indcaled a preference of wanting to do any school sae dedicalion7 Mr ponaidcon. At this point, no We an 'I compel them to give land to the school. We can compel them to talk to the school and they have been doing that. I think they're approaching some sort of relationship, at least, that will be more Closely led to the platting process than the aching. But I'm using a school site in there to get at the number of uan that may be appropriate for this area i Mr. RsheP. Thank you. Mr Donaldson Again, translating these numbers ;o a Irip generation so that we can compare-590 units. holding Ill of the other things constant, would result in 74 trips per acre per day, Commissioner Engel6recht Linda, can you blow that up just a little b8 more-enlarge 87 Mr, Donaldson Now, I M were focused, we'd be in business. And then, down at the bottom, u2 units, holding all other things constant, results in 87 trips par acre, I've offered some reasons wily you could Consider exceeding the 60-tnps-per•act standard. Somewhere in between might be a number of 529 which equates to the 4 units per acre on the area, flat of a possible school This might be a compromise number. Again, that wou d equals to 71 trips per acre per day. So, 442 units on 147 cues Is about a 10% variance from the standard, The 74 trips gets up to be 20% greater than the intensity standard I've suggested modeled floor area rallos for the three non-resldenlial arts" 20 for the rehghborhood services; 0 26 for the retail and for the ofAOO in this we district, again, in keeping with what's been happing elsewhere in the eq. I noticed In with the staff recommendations that I provided you that I failed to differentiate the retail floor area between the moderate area and the low intensity area, This 1 short corrects that The body of the report talked about a 030 flock ate ratio, but I didn't put M in the recommendations What M comes down to is door area ratios for the non-rudentlat uses of 0 30 and the moderate activity center for retail; 025 for retail within the low Intensity area; 0.25 for the offiu; and 020 for the neighborhood services. A maximum residential Intensity baticaly of, staff suggested, 442 single-family units-fw muhidamiy, 18 units par acre within Iha moderate activity center and 12 units per acre within the low intensity area, I would suspect that tha 44 and the 12 units per acre are probably the major points of discussion from SR+ applicant. With that, I think I've touched on most everything. from a pure utility delivery point of vlew, I an ideal site There are existing facilitos In the area that an accommodate M. From a traffic point of vow, we've got arterials basically on all bur aides One of eta constraints to the property Is probably the number of electric transmission lines that go through the property with this noM•soutll one hers There's an out-weal one running along here. There's a diagonst one running along here. You an see that theyve used this diagonal one es a dividing Brea between their office and single-family. This transrnlR0ll Nne Is Iha dividing area between the moderate and the low intensity area These serve to make land planning abide more off "If The reduced floor area and density within tit low Intensity miss also will allow us to work with detailed pons to provide memo more open space along the cornlor, a that we don't get the eppearanCe of strip commercial and high density along this entire route. Well be able to look at the open- space reform It detailed plane Come in, and we an look 10 cluster the developed area Into smatter arse and leave moms of the area open. Public notice was provided to 49 properly _ owners. Ws received 3 responses, all of them in follow, As of the time that we mailed out IN packets, we only had 1 w I didnY include it Cl send those around. We've ateci h, I need to talk obi " list of transportation Improvements that were attached to this wlginal Concept plan. Included in your backup is the Ordinance 116173, • Within that, dlere, Is a page, which Is Attachment A to your backup, which doeodbal a Net of transportatlon improvements that ors tied to ver101rs phases of the development-1l B, and C being Phase 1, 2 and 3, in very general tarms, PAW 3 Is It area north cif fat two, and M's that phase that triggers the heaviest-duly transportation Inlprovsman s. FNN 1 is genoraly the are In this aoutNm halt of the eta that we're lookklg al and M addresses improvements Ile Highway 77-construction of the west arterial rvar two in Nicosia Street, construction of left turn to am and right hi lanes along Highwyl 71 down We, and corift AMg 110014 a traffic r signal al Highway 77 and the southern entrance of the property. Improvements eseocialed with Phase 2, whim • would be the area adjacent to loop 2116, then mow the focus over to North treuet Strait and the Intersection wkh the loop speaks to construction of tlorth locust as a bur-lama dhrided ortstral. Thee people would bill required to d • do only their fair shat of that-the owstrvrtion of the Highway 77 amid North Lows1 Intotacbon at On Street- again off end turn Ionics Into this eta-and basically Irnprovemenle to tN North Locust and two 266 Intersection which have already been made by Til We suggest that film menu of improvemenU associated with various phases stay in place . Then we've ale added our star dard Nghling condil" which reads that -lighting on the 36. 'I TWV 1 r,. aA o u ?cr.,xar~a Panning and Zoning Commas+on Minutes August 12, 1993 Pale a of 25 prv.. ^y 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,' From my and that feels pretty disjointed Are there any questions of me right now? Mr. Moreno Mr. Donaldson, what is the genera: intent of making the various staff modifications that youve presented to us? Are you trying to get this development more in line with the 1988 Denton Development Plan or are you trying to get even more current than that in trying to make this development comparable to recent developments that you shcwed us earlier? Mr. Donaldson Well, the original and the mapr intent is to schkve the Intensity standards oat are in the 1988 Donlon Development Plan. That's still our lend use guide until we adopt a new comprehensive plan Wave also Addressed policies that have been approved by City Council associated with the Denton Plan. There's a matrix, Enclosure S, and you an see that generally the concept works within the framework of the poi that have been identified. It's a mixed•usa neighborilcod offering a variety of housing. it actually cheers lou variety than th• old plan, to there are elements of the old plan that I liked, Including-I think there were S dil'i densities of multi. family housing and i different densities of Single-family housing The markst Is puling toward the more unified approach, I guess. So with respect to the current plannkp, the concept of mixed uses within the area IS consistent. Than, working with the '88 plan, I tried to make N wnsi:=tent with dMN Intensity standards by adjusting the various factors. So the answer Is 'both.' Mr, Moreno: Thank you Commissioner Engeibrechk Mr. Powell. Mr. Powell. Yes, Sir. Attachment 11-I'm going into my fourth year here. I've nave seen one of these before Tell me where this came from, how k ukme about, and why are we looking at A. Glints me a IMte history here, Me. Donaldson, This dates back to the ordinance that was put N piece In 1988 when the Current concept pen was approved, and 11 obvlousy recognises a oat of improvements to the transportation system that had to be made in order to accommodate development there, Many of "so have taken plea on their own VMW any deveopment In the area-the Improvements to the Loop and the intersection of North Locust. Highway 77 Is slated for Improvements to go four-lane Crinkled. With the Texas Instruments protiod to the wool, we achieved half of the required right-of-way for Nicosia Strut I think our thinking right now has changed somevMst in that, In Phase 3 of this Planned Development which Is north of the Loop, they had anticipated overpasses In two plades. It this wen to come forward today, we wouldn't suggest over ;asses. We would suggest a frontage road back to the one existing overpass We reolly don 1 have to mess with those because they're not talking about Phase 3 at this point I think it's just a general reoognitdl back In IMF that Something's got to happen in terms of our transportation system in order to make this work and the develk". r,ght to pay their fair share of N and this Is what they came up with as their fair Mare. Mr. PwoN: Okay, So, this was meant to say that it didn't have to wait until theta things happened; it was to be paid for and/or well until these things happened, by the develop v. Mr. Donaldson: Right. Thou things had to be In pea before the development Could pror:Nd, but the improvement wouldn't necessarily well until development triggered them. Me Powell: You'W WJuded the sghting requirement again. That's not in any pe^, sod f donT know that that's City Council policy. We almost &WI s W)vde N and I don'll know that N'S expensive. I'm just beginning 10 ask that question. WM; ,io we nuw ekveys Include thie? Vnese I'm wrong, it's not required; N's not policy. 11 Just ScM1 N happens Mr. Donaldson: I think A'S became a working polcy of Cound to kook at that eCr1 of thing Technology has improved to the point where we Conti get any resetarla from folks whom we euggeel that. You know, this is something that Cound I• really look" at. I've yet to held any developer thy, you know, We Just Unit do that.' And we are-In fad, we have foi mod a enmeri to shepherd a Nghiktg ordinanoe through the process They're just ob&A to 1tarl that. So, Cou4A I+ loch and kind of anlic.1 q that happening. kV~a Mc Powell Thank you. 37. 25, 32/10 y i 1 > ' o V_W rM Planrnng and ton ng Comm sscn klmules August 12. 1996 - Page 5 or 25 Commiss,oner Engelbrecht. Any more Questions? Mr Risher, Yet. or One of the-when we look at trips and the loads that ere on roadways and the area, port of the function of That, or pert or the congestion at that, tends to be the size and Ilea width of the road and the setback of the house which would allow for a }anger or shorter drlveway and whether people have and or two car garages Assoc algid wdh their residence. I know that this is not an expanded plan. How would this potentially fit into the trips that mlgh! be involved on the roadways? Me DonalJtom Fw our Ill we Jost use dots generated by the Ins4tufe of Traffic Engineers from a manual that they alit out. And generally a angle singlets lily dwelling unit, whether 4 be 4,000 square feet or 2,500 square rest or 1,5D0 Square feet, generatss on average, 10 tripe W day. Thiel got tom of data that Support that number, They offer numbers for all of the vafaus land uses. We use that* numWn la calculate the trip generalbn, For example, multl-family-the number is 6 trips per canal per day, I think for retail, we're looking at something like 41 trips per 1 000 square feet or developed area. For neighborhood service N's much higher because m's usuany a convenlancs storil operation end Il something Of 114 trips per 1,100 square feet. This manual provides trip data A terms of number of unite for housing and in terms fa a number of factors for Mon- te adential, You an Zook at ampbyrill you can look at square footsga, you can look at just jewel acreage end pull a number from this fill Oamor ly, we've found that they're pretty much right om carpet. If you monitor your trips . . Mr. Risl I gueeS I'm not so concerned about the trips What It am concemad about h the bad on ft Sireeh and whether or not IN, houses will have en adequate smough eetbeck, particularly Single-family and whet might 64 duplex, I don't know d there's a duplex-typo of neighborhood Mal would be allowed for hers bowl what we land to sae is where we hew dupex s In particular, we tend to "a one garage end a lot of people that have two vehicles If the Setback r.r Of houaa to the road is not adequate that would tend to have a lot of people parking an the strap. One way of overcoming that would be allowing only pi ling on one side of the street and still hove an adequate street to nail on. But where you have houses that 14nd to be maser to the Street and Men nol allow for full poling on Shoe driveways, 0 parking on two skres you tend to constrict the roadway Neelf. Has that been addressed or was that be addressed In some way? Me Domoldson Wall, la's addreeadd through the subdhrisbn regulations, the zoning regulations, and the building code. For all single-family uses, they're required to provlde two off-street porking plows whether N'1 In e garage ce not. Generally, we have a 25-foot Setback minimum which allows for puking of a vehil In a driveway Coral off of the righhof-way. MuNFfanry how, you know, a set number of off-street pars spaces that have to be provided depending on the well mlx, whether N's one bedroom. No bedroom, or three bedroom, Generally, l guess ova Md the closer M 9,d to the unlversNha, the Micro we have problems with the off-street panting requlromeml. But we're also fkMing Viet more and more mulLLfamity units era filled with ono-person houSalnolds 60, N bxrcomee less of a problam And aN of this various regulaiom that we have was to control that. Thera wJ be 0000" Street$ Will the aree that Sol to Parisi traffic from local streats and deliver N to the ananal. Mae VAN be wider than the local streets Thera VAN be no per" on the anerhh, obviously. KM of the promoting planning Como" ere looking at actual narrowing down some of the local streets in order to slow traffic down. We actually Nice to -44 have are parted on the small bacauee N saws Ireft down, as long as N'a wlthrn Mason, But AN of those regulations work to control whets came are and how that' go about working through the Mighborh0od. . Mr. Riall Thank you. Comnwsloner Engelbrechl Any othar questions for atoll? You had Indicated a paralel road along Loop 266. What wok Id be Iha NgreeelpnSe system off of 266 onto that, per would there be? Mf, Donaldson: I think the pfssent phkWy is no more locals off loop 20, so we would be loolkp 0 an eestboumd fronloga raid along li along the northern pall of thin devebpad eras with ewrylhbq funneling look to the North locust inlersadbn. Commissioner Engelbrechl: Os sly. I)vsl know nark-I wanlad to make f uro that 1, . . Mr, Donaldson, It uNnk that's the prevaiNn9 philosophy. That's our Rory and we're sticking to N. I i f 38. fy?r: `r ~~1 r, 32 row10 V J A ' U Piann,ng and Zoning Commission Vrlu4s August 12. 1998 Page 8 of 25 Commissioner Engelbracht Okay One other item, if you might vst qu ck!y-th,s was a request to change the concept plan. 1 wonder if you might quickly just review concept plan versus detailed plan. Mr. Donaldson Okay. Within any planned development, we offer applicants three different stages that they can jump into the process. The most elementary stags is the concept plan They can also do what we call a development plan, which provides us just a little bit more detail. And then finally, boi any development is approved. they have 10 have a detailed site plan approved Typicoily, people will come into a large PD like this and get an approved concept plan and then decidd how they're going to develop it in phases Then with each phase, they'll bring in a deta4ed site plan So. we may see a detailed site for the single-family area, for example, es the first phase of this protect Or we might see retail de',elopment up heN as a fairly quick phase of this development. Each of those will require s detailed plan before any budding permits are allowed Mr. Bucek I want to expand on one point because I thinx the Sheriff picked up on that, Wire talking about lighting and wain talking about traffic and those Finds of things. to they have the concept plan approved, then their toning it set. That's why, because you knowwe have conditional toning here. N there are conditions you want to Placid on this project, you have to do it right now on the concept plan Once the concept plan is approved, when they bring { the detailed plan In, you don't have an opportunity to put sddd I conditions on the toning a, 041 Arne. And so that's why you need to tor very concerned. Those kind of things in any toning case where you generally put conditions on, this would be the appropriate time to do n and not to wed until a taUf time to do n. Mr, Powell. Thank you Commissioner Engelbrecht: My other questions, Commissioners? Thank you is the petitioner or petitioner'l representative present? Would you please give us your name and business address, pleas? Mr, Lee. Yes, sir. My name Is One tae with CwlMgrka Engineering, 3510 Socoiro Road, Fort Woi Toros j representing the owners, of which we have two member here with its We have spent considerable tmo with stall on this revised PO Mr. Donaldson has been extrsmely Mali in reviewing our holds end dailies of the City. 1 think basically, where we ore at this point in limo-thoris an existing PO with aMin Intensities and uses and, as Mr, Donaldson said, those have been approved in the post Our rwlsion triad we're ?equating generally complies with the mixed uses. As you an see, the moderate intensity is very near the typical heads for the moderate intensity There's some request in the low intensity, but In general as far ale this uses, we're In compliance, Wave reviewed and understand, with Mr. Donaldson, the coarse that were created In IM Denton Development Plan star the lime this coos approved end understand the goats In trying to achieve as much of that with this PO a possible Abe we'» reviewed the City-the staff t request and recommendations 1 think boslGly what we'd tike to do Is- rather than review the trip generations and all rhal again--h the understanding that their goal we$ to get a close t0 the inleneny, to trip generations, as possible at woe required in the Benton Developmsnt Ill The proper pra,my is, as you an sea, subltanllely above that in were area. We agree with several of those, and I un fenland the goal of trying to reduce those end Peel comfortable from a devellopmeM sdandpolM with several of those points. A couple of them we have some minor modificatkime uve'd like to ouggeat. And one or two of them are proD/by a lots more major. Basical I Just went to favlew the name that we would Hke to See a potential modrficeton over the staffs recommendations and thou we an rev" any questions regarding that that we may need. Baiany, In the modafate Intensity ores, we agree with the etch reeommsndatione. We've been through the same aiwlalbns; although N is a more Intense kication M the Interoodkin of Locust and 208, we suspect there may be some potential two-story development felef, But based on single story•type of strtpcenler man that you A might ass in that else, wel would agree to modify IM PD to 0 301 floor area ratio Other than that, I belies that's the only modification that was requested, or recommended, by Calll. In the lower Intensity area, which la ths area east of tM electric easement End that Mr. Donaldson mantidned, we era in agreement with the reduction In the neighborhood servilcol 25 to 0 2',1 floor mesa ratio, We are geMrany in agreement we the kids In the lock • lamiy. The City has recmemended 442 and a 3 unit per Odra. We have worked with the City and are continuing to work with them on the dedication, or the sat-aslde, for a regional detention pond. We Ilia have agreed-1M salad distrkll-to work with them in cams form or fashion In Obtaining the WA001 file I think, as you *ON an understand, as Mr. Donaldson add, when you look at dedication Of 45 saes, N be00mee pretty egnMlcant. So, we've been workirp witn the School In that SNustraw But based do that and the rsmoVal of am adddkinal 30 saes, In addition to 0 • the 20 acres In open spies, we would request Nat we be slowed a maximum number of Ii0 limns, which 4 a Hltle • below the 520 a $25 potential ocmpfomise but a knle bN above the /a2. That wouldgtvo use sit oggrogate of a IMIO { below the 4 units per we with an of rho uses taken out and very close to 3 unlls per we on the overall proper. 39r 3 ir. El I 5 Planning and Zoning Commission Minutes August 12. 1998 Pegs 7 of 25 That'd be 470 unite The request would be limited by the nur, bar of units, as opposed to the density, in that Situation. The office, which was probe" the most dramatic chae,a--in putting an office area within a low intensity, we realize the desire that the City ordinance basicalM was set up for much higher intensity of 0 50. We looked at garden-type office with molly one-itory and mayor some twos-story in that area and would agree to reduce that. But we would suggest that the office area and the general retail, which right is on the corner of the Loop saess road and a minor arteris"both of those be reduced to 0.30 1 fuor area rack, as opposed to 0 25 These are some slight Increases over the request. But as we said, with the present plan at the intensity that It Is, we believe this is a nice compromise The last area Is probably the most controversial and that's the aparmenl area, the multi-famiy There Is 33 3 acres in the low intensity area The request was at 18 unite per sera, It was 18 units per scn once you remove the open Ipso-the add'Lonal open space that Is Indkalsd by the plan, which Is 10%. That Is, like I sold, the area only within the low intensity. In discuseing with our apartment developers, at a rate of 12 units per acre it beoomso difficult. to justify development of muWamiy. We would request that we be allowed with the other changes that ere being made-Ihat the s'pnificanl reduction in residential, a reduction In office, some minor adjustments and reduction In the neighborhood lervloes and general retail-that we be allowed to hove the 16 unite per acre. We would then work with tit staff and Council in the detailed plan to Iry to group and try to crests me much open space as possible. With the lower intensity office ens br"kkq up the retall and Ihe multPomiy, we belays that may atill accomplish the desire to ellminate tit strip-type development. Those ee the requests that we e,0 would make in moolfta , We haw started another VaKoe knpad analysts. We have halted at this poled based nn the fed that the City his requested tome sfpnflicaM changes In Ihe deMli But WO WO complete a revl"d I,afAc Impact aneysif before the plot comes in. That will he prowled to Jusufy this improvements. We ogres to Ina-akhough N Is unusual as we knovi put your Vail Improvement within the toning ordinance; they were Lased on a very good study that was done We he" a copy of the study and basically we understand the justification titre and understand the needs related to the Vafflo these may generate Bo, we'll M modifying and working towards that gal. 1 think, as Mr, Donaldson Indicated, we ere eurounded by beskaly major aMrse4. We do have some higher densities at those intorsedlons that might typicality be located In a low Inlenslty aresi general retell end neighborhood services, which probably do creole some addibonal slips, and the office ~ Is kind of unusual. But will agreed to go to man of a gedencMloe and radua 9wt We believe we an creale a compromise that would definitely mow the City much closer to the Denton Development Plan but also provide the { developers a little better still In optioning to begin d•vabpment In this area and hopeluly bring soma more residents and business Into the lolly of Oenton. That's all I heve for now. I'll be evallable to answer any queetlons that ii mayheve. Me Goner Can you loll us again how many lotal acres. I'm sorry, there are In the multi-femlyT Mr. Lis Right, Tree Is a total wool flighty over 49, almost 49.3 total Of that, 33,3 of that is within the low intensity e". Me Canter. I'm talking about overall Nol you're wanting the 16 Ise we, Mr, Lee. The overall total Ice 40 1. Me GaAw 49.27, " Mr. Lee: RlgK 49 V--1100o corred That equal once you fake out the 10% open apes In addition to all the other City requwements, IAN equal" to 600 urelr-Minimum x1600 unite Ms Canter I wa lorgettklg oW that 10%. Mr, L"', Y". It's a MW bb lower If you leave the total In then. Called. Me center' Okay, Thank you, That's where I toes 0" off. Mr, Powell: Mr. Lee. Ms. Oentet Thank you. 1D forry. Mr. Powell: Exact me. Nil Me. Oori Trot's all right. , i ~0. y~ v Y-. Lre''" Z 5 x❑ 3 7 x I❑ IWM 0 0 Piarn,ng and Zoning Commis on Minutes August 12, 1996 Page 6 of 25 Mr. Poweil I don't know who I interrupted. Mr. Lee, the conditions staff is recommending are four and they're on page 10 end 11 of our backup, I sure would like to see-like to ask you to go over those again just the way they , have them,,. Mr, Lee Okay ' Mr Powell so that we could see exactly whet you went in relation to what stall is eking for, line by Nne. I ~ understand it's gong 10 drag this, but I don't think I an get a firm understanding of whet you're Oar Mr. Lee I think we an gat through that fairly quickly. All right. The reccmmendoWns, the first one is N1-Moor area ration Retail wHhln the moderate scllvily center would remain 0 30 1 Mr, Powell: Okay. Now, they're tasking 0 25. Commissioner Engs brechk That panloular figure weer tat there, That's the one that he added. Me Oourd'w: Bring N up a little. Thank you, Ms. Let: You added this You had 1 to 4. Okay, is a previous page? Mr, Donaldson: In the body of the report, l talked about 0 3, and then I upped thal-0 25 in ft summary. Mt Ler The summary does say 0 25 for all general retail; but tM recommendation is 0.30 In the moderate activity area, which Is the recommendation. In 1M low Intensity area fa general relall that would go from 0.25 as recommended to 0 3, which Is below the 0.75 that wa originally rsqueS ed. Mr. Powell: But you're asking for 0.70 at this stage of the game Mc Lee: We're asking for 0,30 In low Intensity. The office, which was originally requested to be 0.6 and Is recommended to be 0.26, we requested a 0.30. Basically, our expectations WIN have some-Nat would work out for a one-story. We excel some garden-office. You'll have a variety of one-story and twPetory, so you'll have a little larger Nor ratio, The open sped should stay ft Nma, but you may have a tittle more fktor because It's a two-story. Neighborhood servleea oNglnalfy was 0,25. The it mandation was to go to 020, and we would agree fa that to remain at 0 20. The second reoommendatkxl Is maximum retldentiN density "to family-the recommendation h 442 unds. The anginal request lira 690. We would request the maximum units be 470 unite single-family Multl-family, which I bet ever Is probably the greatest charge that we dleouesed within the moderate activity center at 16 units per RM, is the reodmmendstbn end what we've proposed ale. 60, that would not change Within end low intensity area, we would request that the 16 unit per sue ere we requested remain as opposed to the 12 untie per we is r loonlnlenrSW And then based on the total 49 21•scras with the 10% open Stakes taken out, that would be a total of not to exceed 600 units acres the entire multVarl Recommenidstion 01 we would agree with. As Ind icted, many of those knprevemant . have been done. Boma of the future Improvements we hot recommended by TxOOT now by the Staff, I think in general those we In phases that are outside of this PO. On reoommMdetbn 04-we're in agreement to add 1M kghting notes on the reta9, it"htarfaod services, spartrneM areas regarding the dagn standards for 04 sgharl Commiabner Engelbredt Other questions far the patWW? Mc Moreno: Ouettlon. Committbner Engelbrecht Yea. Mr. Moreno Coukl you eltkowle for me just a MN bat on the nature of your dlsmosions with ON school di"? Mr Lty: The whW dl$M in our inNiat eubmU en 1M PO r"weted that wa mvlow wsh them tM dedka0on or the determined hat he head Its the area *81 ielementary esd d a cted on N fl eat a @w" schoo~l. Nagy ~ 0 • have a formula for lookkg at woo" requtiements. Foe elementary school, generety If I's felled to a park area or open span area, which we're lwkq at doing Mal lien would be a need of about approxknNely If Mae with them, Olscusslon wit that, ens we got past the toning and wore reed/ to begin plmning, we would then b6oln to 41. NMI , 0 ' m Planning and Zoning Commission Minutes August 12. 1996 Page 9 or 25 work with the school district end look at a more detailed possibility and coordinating not only that, but the open space and the regional detention pond and NI those items together and tying (hose-mainly, location of K within the area where to place that, But generaly, wire looking for n within the res lential area to i the polemist school site + Mr. Moreno, I'm still not clear, Are you discussing to possibility of siding some land to the school district or just providing a location for a School? Mr. Let, I'm sorry . What was the fiat pail of the question? Mr. Moreno: Are you in discussions with them about pouiby granting them some land for the location of the V.hoi or are you simply talking about possible locations for a school. I mean, you're not going to give anything Sway, are you? Mr. Les Well, both of these. I think m any public entity, they'd like to have a given to them. Mr. 11.14rena Sure. f Mr. Lee: Of course We work School $%O to in different areas. Most school districts, for whatever reason, ` typically purchase. The sehoot disktd kldloetad to us the lost two v three school ides they've obtained have been Through dedication through developers. They are aware of the quasim that we've asked regarding that and they're researching that themselves to determine, you know, their need., But I think obviously frvn a developer standpoint, 15 acne is very vahnbls e,id In some form or fashion, know, there would be Some type of tredecK with that , Mr. Morena, I, for one, would Ilk, to commend you for even having thou dlscUlalOns because I'm not sure that I remember that any developer along Ullan MW or Tassay Lane has wen discussed a location of a possible school with any developer down there So, l really appraelote that. Mr. Ii We've bun speaking with Mr. Brmwetl Is sofa we've been dlscuseklg, I think, for the School district Comm as lonarEngetbrecht: Otherquestion? Mr. Rishel: Mr Donaldson, IS there anything else that he has kind of surtlmsrlsed what he Is proposing. rather* nythIng elm that we should be looking at of considering with regard to your, redommsildallIe In compromise? Mr. Donaldson: I think the summary of The flow area rebus end the rukleMlal deneltim kind of wraps up most of The Issues that revolve around the oalapl plan. Grtainy, there are going to be hews that gat resolved at IN detailed plan stage when we sm down end took at site plane, We hew a separate eat of crdans that we use to evaluate those. They klydude landscaping so buffer" end Ighting and that on of thing. The concept plan, I think, Is genersty contained within Not notes that are on the pan and the ?dikestlons Mat have been provided to you. Mr R ON: Thank you. +n, Me. Poway: Mr. Donaldson, whlte you're up thorn. 0 1 may. The schoot'a request fat and 4is this for this one development ony or do lfreyr need and 1cr School becsum of We proposed devdopmaM pka existing development in this area? Mr, Donaldson: We my understanding that So of the school fadittles are now over capers?, so N's a oanbilrel n of both, Mr. Power: Okay. It's W Just for this development then. This one devebpnieM Is W Irlppkg ill M. so to speak. Mr. Donaldson: No. flue hundred skigle-family harm might warms 260 to 306 Students. Eight hundred Mull p O famiy homm might generate 100 studenla Mr. Powatl: Well, that's a grade lchOd, trough. J4- 42. I , ~k~. ~e l 7ti , is 32x1[1 e ,tea o I I Planning and Zoning Commission Minuln August 12. 1998 Pape 10 of 25 Mr. Donaldson Yes. That would come close to filling up a grade school Mr, Powell. Of course, they wouldn't all be grade school students. Mr, Donaldson That's correct { Mr, Powell. One more question, sir. In the existing plan, Is there offii zoning? Mr, Donaldson, No There is not. Mr, Powell. So, this oni zoning Is new. Mr, Donaldson: Correct. Mr, Powell: And 0 I've been reading the media correctly lately, typically there's n0 way lingls-family or oven the-- no way rnidentist is going to pay for what the school dlstrkis read But seemingly the office In here NO help that Does that make any toss? I mean, Is Sant. Mr. Donaldson: I would agree with you. Mr. Pov eft, Is that the way I should be thinking here? Mr. Donaldson: Yes. Mr. PowellSo, this H a new concept in this development, but in our present predlcemot school-will, ft should W helpful Mr. Donaldson: Coned. / Mr. Powell , Thank you. \ Mr. Moreno. Mr Donaldson, how strongly do you foal about your proposed conitions versus tan applicant's wanted conditions? Mr. Donaldson: I'm trying to fled Something that Wmmanzn that. If you'e look In lM tables on papa 5 of the stall report you can see both the staff-modAled stllmolos of hap generation for the moderele activity and the oppllcanl's request for the low IntMeky ann. Youl ses that the resldentlel"generation It a Paley inelOnMkant pan of the total trip generalbon. The lrkps to generated by thole aCth lws that are dcbuming on the outslds of the plenned development adjacent to the snorkel roads. So, that oden moms mltlgetion for wonklrg up those number, to a degree. por example. In the etad•modrAW numbers wore we're docking at 0.30 on the Wall and 1 g untie pan fall the residential trip gensngon b only 111% of at of the Wo generation. Wlthln tan $~'a request Mr do low Intensity ores, IN raaldenwl trip gol atori le slgn'llconty lees than had of all the help ganwati do, we could move those numbers up trtthlout you know, adding tlgnManl numbers to the trip ganerdoms, Mr. Powell: Did you base your conditions, not oadMlon 4, but conditions 1, 2 and 3, strictly on the Vol of did you have acme other.,., Mr. Donaldson: Well, I'd may dare art three faetora -one le tan ImMsly standards that era established through the Denton Dwalopmo d Plert-trying to achieve those. Mr. Powell: But VW HMNy M stA trips Mr. Donaldson: Yes. f, Mr. Powell: Wire Selkkg tref8c two But, you know.,. Mr. Donaldson: Right. Mr. Powell...I guess what I'm setting It 1, 2 end 3 soctly non because of 6eMc, or dal somethkp alse come Into INS? 1 i 43. : 2 h 9 32 x ❑ W-r r i Panning and Zoning Commission Minutes August 12. 1998 Page 51 of 25 t Mr. Donaldson, The other things lhat would De the recent roniN approvals that wive made in other low intensity areas have been panting loward floor area ratios that are comparable to what eta" offered as modifications-the 0 30 in the moderate ac i the 0 25 In the low intensity eras. The mitigalir; fador is. you know, the proximity of these areas to major arterial roads. You've got the Loop, Norm Locust, and F'-Inway 77. Those are built to carry large volumes of trsffic, or will be built to carry large volumes of traft once war develop Sc, I think this panku4r PO is ideally situated to accommodate traffic and uses greeter father than may have been suggested th the Denton Development Dulde. Mr. Powell One more question-1 ahwys say Nat, don't 17 The number of residential units in the existim; plan relative to your euggestion4-how does that raletell ' Mr. Donaldson. The . Mr. Powell: Just roughl i don't need an axed number, sic Mr. Donaldson. The current loon apt plan had a total of 1,e30 units. The applicant's original proposal was for 1,390 My modification brought that down to about 1,130 unite. Now, the taunter propcsal is Mr. Powell: TweNe hundred and seventy. Mc Donaldson: So, We still a signihoent reduction of the approved concept plan--on the order of 20W Mr. Powell: I'm One more question. If theyd have gone forward with the original plan, they could have just, I'm kind of Throwing oul words hare, but they could hove wind of walked d through, and we would have taken R at Is. Right? Mr. Donaldson; Well, we 6411 would have Ned the oyportunlty to approve and condition any detail site plans that they're required to take those through the process Mr Power: But tit 9oming perked for a number, of unite and they would hew been allowed based-assuming that other things d4nl get In the way-they would hove been allowed that number of untie Mr. Donaldson: We would be hard pressed to eIa those We would have to make Wings that conditions had changed in the eras so dramatically that we could no on aooornmodste them, for example. And, you know, Iha Commission or the Council would have to to very careful about making those Andings In order to wrifton I downward Mr. Powell Thank you. Me. Doulci Excuse me, Mr. Chair, I'd Just like a point of order, Mr. Lee was In IN middle of hie publld hearing, and I would just like us to gel back to the public h411Ang end hold these qusellons for wftan, „ Commlssldner EngelDraht: We're gokmg bad. t wu ON to make 8 tlornmarml that 11`41811911 we're out of order, out of our normal order hen, but thla was such a tape ase, There 011,41`1 190 many details that A salmed that there ware tome queatlons for stair In order to gM through those deldt41 to get back to Mr. Lee and thal's why I didn't toy anything and NI II go this time. Ms. Oourdia: Well, I think we should nseNt Vase gwetbna era w"ta than down. Thank you. i~ Commissioner EngelbrecAf: Okay, Thank you, Mr. Donaldson. Mr Los, you warm 10 cant back? I epoldgl9a RV ?hot Mr La: ThM's okay • Commissioner Engelbr icM: but 1 fell Ike with gN Iaga n~ of de ant IrioNeld with this case. A arms Della that w41 tort of get cut, lush them put how 0 Mr. Lea: I understand the large numbs of details. 44. h- ilia 32X10 o ,lea , Plano ng and 2onmp Comm ss.on M mules August 12, 1998 Page 12 0125 Commissioner Engelbrecht. Are there other questions for Mr, Lee? I have a couple, One-I want to make sure you Nily understand that there-as representative for this applicant, that the Cry his absolutely no interest in connecting onto Loop 286 in any way, lashion, or form-now or In the future. Mr. Lee Nor do we Commissioner Engeibrechl Okay. Okay. Mr. Let. It's our understanding from TxOOT that they're not going to allow that anyway, They donll have any planned locations for any more era.aings or eonnsclons to 288 in that area Commissioner Engelbfacht. I realize that's what they have now, but they changed end etc.. I think there will be Some In the sty who will right that vigorously d that's approached The second Item is with regard to the Wool dlstrlel. I understand you still have on-going discussions with them regarding a fic" see somewhere on that property, I'm not talking about dedcet'on; I'm just talking about you 5611 have Ongoing discuss iwa with them about their acquiring. Mr. Lee Right. The Issues stem from-orlglr ally we were looking at acreage minus required open spew, park area, or detention required (of our property, Theis wit a requirement for additional detention for regional pond, a read for that and than there was need prescribed for Schools. So, we were then kind of evolving to a pant and with this looking of the reduced number of undo in here, we kind of evoked to a point where we're at some beation where we can't accommodate potentially, both Lees, we'll obviously approach the school district baud on the potential few accommodation and work on Some nagotlatlons from that standpolM. Commissioner Engelbracht: Okay. i understand; would you phass just review again the area of lam 1124 for the park and then else fa the detention facility. Mr Los Right now, our plan as shown Indlcakks 20 scree of open spew which Consists or approximately 8 sass of park, requlred par% area, about another 8 acres of required detention area based on preliminary Calculations; and then, I Ihink M wit mentioned In the rspi there 16 a kind of a drainageway that meanders up towards the northwest of the property, We Apure another 4 ur 8 acres that would be open space over and toove the perk area in there. That's where the original 20 came from, and that's SUN planned In hare . in oddelon to that, the City her Indicated a mud fa approximately 23 was for a regional datention pond, which I6 aPproxlmoley 15 more eves than we have planned right now lot delenbon That's where the Aral 1I ame from, and then the school has asked fa 15 saes based on the read for an elementary school In the sae. That brkgs us to a foul of approxim t" 80 aae6 of open Spew, excuse me, oul of that reskfenlNl eras. That's where the calculation Came from at approxlmeley 4 unit s per iii for 410 units maximum. Commissioner EngelbrahC Okay. herare you-hae shfai leaked to you? Are you aware of the pi we have now of anempting to Co-loats Schoch and parks? Mr Lei Yes. y Canmiubner EngelbrecAL Okay. S Mr Let. Yea We're aware of Ural, and lie agree with that policy also, ai the desire N to Incorporate thou togelr-poterLi* wen the delanllon sties, wllh Net large greenbeit together Commissioner EngelbreoM: Orval Yes; I would Of to sea the etOR be as aathe 66 P0S61b1d with the 60,00 districts and with the daveioper here to try and make a Wool work and It* yet some part and ON of N. Me. Oourdia, Excuse me, Mr. Lool Commissioner Engelbroil h rounds Oka we have a lot of acreage, aild we oughl to be able to enstivey W a 0 way to gel the school In then and minimite the amount of Space nut's used to do 1. Yu, Mc Oourdla, Ma. Oourdie: 1 was ►u l won oNq 1 you'd spoken M my of the other developers Is the PD•125 or the 51111 0 they C might be willing to participate M the land towards nN school. 45, Ca 32 I❑ 1 , Q r 0 jrrwl': r,. Planning and Zoning Comm sstm li, lee Augws112,199B Page 13 of 25 Mr. Lee What would be the areas to the east of us? Ms Gourd,e Yet, Correct. Mr. Led They have had a difficulty in their original submittal which is part of the reason the detention was moved to the west and request made to us to offset because of their development that they initially had submide<;. So, at this point in time based on the tact that they could not Incorporals the 15 acres of detention on their property, our initial as!lWmp!ion right now has been that they would not have a localion for 15 acres for a school site either at this lima. Now, we haven't spoken to them, but just based on what their requests were artier, we made that assumption, Ms Gourdis. Okay I would Just like for that burden to be shared by everyone versus Just you folks Thank you. Comm'rssomer Engelbrachx Any other quoli of the pstriiii Thank you, Mr, Leo Thank you. Commissioner Engelbrecht: Is there anyone present who would like to speak in f x of this petition? Is there anyone present who wwld like to speak in favor of this petition? In that event. Is there anyone prose it who would like to spook in oppoori to the po ion? Anyone present who would Ilke to speak in opposition to the pet i Given there was no opposition, we'll skip the sedan for rebuttal We'll tout the public reading and ask staff for their final remarks. Mr. Donaldson. 111 Just rsvlew then, n 1 can, She various factors that we've been talking about..., Commiss'ioner Engatbrlohl. Can I int•rrupl you just a moment and ask the Commissonvii that Blur? Mr. Powell It's a little fuzzy up IMre, but ti somewhat readcble here. Commissioner Engelbrecht Can if be focused on the seam or is that the but-is that n? Ms Ganger. Can you make n a little bit bigger, li , Commissioner Engalbrai How about we Room If a Bale man. Maybe that'll, or will that,.. Ms Oenar: here you go. Commisslooar EngelWahl. Okay. There we go. Thank you, ! Mr, Donaldson Okay. We had floor area retoe-this, than, being the eteM•modif ed fatos of 0 30 within the moderate activity uni for retell; 0 25 w0 in The ow intensity area for to tall; offios at 0 21 and neighborhood E services at 0 20, The opplfaM has said he's okay with the 0 30 In the modnrale and the 0,20 to the neighborhood torvices. He'd like to sae 0 20 For both the offlol and the 11104 within the ow Inunaity areas. On the rnldarl i•I s'de, stall had modMlad and provided a number of 442 single hmly little compared to 690 that was in the orglMI request. They'w countered With 410 unite Then, within the mu"Vamity groupkp, staffs reconlmerld•ton was 1s units par we within the moderate activity enter and 12 units per acre within the taw Intensity ores not to exceed a 688, They've asked to 18 units per sae h the low Intensity area with, then, the cap at 800 units reflecting 18 units oar we over the entice i tone district. In the staff repK I plink I provicled a couple of bulki on nlnig•ting fadorl that could allow you Ic ep"I a greeter Intensity then the standard 80 trigs per day Those are on pool 6 with the Imle square bullets. They would read that the Wcatllego of residenllat ores within i d the alas wnhln the low Inunany area) that is below the intaneny standard, that the oat ors of the rei o 'd office slaw are along the primary arisha10, and taut the baton of the neighborhood senMoes Is In close proslmiy to the Highway near he Intersection with Nicosia Street. Those we phrasal pulled from Me cop is kind of mnloatirlg tadors for d deviating from the Intensity standards So, you may wont to Inoorposte those Into your motion. Commissional EnoalDrachl, Does that conclude your remarks? • t O F. p Mr. Donaldson Thai concludes. Commissioner EngelDlaent Quiseli for staff? 46. ' 3 2 u ' Planning and Zoning Commiasion Minutes Aagust12,1999 Page to of 25 { Ms. Gourds: Yes please. Commissioner Engelbrecht: Me Gourdie. Me Gourdie Mr. Donaldson, Mr. Lee wasn't sure whether It'd be one-slory or two-story office building being that K-I'm used to us saying that there's going to be so many square feet in each Once building. To me R just seems- you an, you know, minus what the landscape ordinance and this and that-he can pretty much do any size he needs to do on the property. No an do lust one big huge one. Is that correct, Iwo don't fay rich bulking has to be no more than, you know, Mr. Donaldson, Yea At this point, we haven't provided any further conditions that would be comparable to that.... Ms. Gourdie: Does that need-Mr. Suc4k said that we need to do the conditions now, Is this something we do now, or do we have to weI until the detailed plan comes up-when at 0 K will coma up. And so, I Just want to see d this Is something that anyone also is concerned about a 0 we should Just... Mr. Suak: Well, our Cdndem on the Cases that come to you-whenavar we're dealing with the detailed plan and you bring those up at that Lime, you have the yelling and lee screaming from the developer that you're changing his toning use. That's why I think N that's a big Issue with you, K's probably appropnato to do N today. I think what Mark is saying Is Nal N roan becomes a teal law es to how much of your flange in the detailed p4,1 Is a change in use and what Isn't. Its a qusatbn. In fact, far a wry to decide and that's why I'd fool more comfortable N you were going to do it today. AAhough the problem at the coroept plants sometimes it's difffwK to do that today because, you know, when the detailed plan comes In and more of lee neighborhood is set K's a lot easier to look at those decisbns But I'm just reminding you that you off always at4ckod whom you get to Ne detailed plan that you've tried to change tin use on therm. Me OourdVa M rbht. So, my newt question is, I guess, I don't know 4 this needs to-I gusts this might be a discussion amongst the Commissioners, but I would like to have that addraaed-and N you have any recommendstbns, d that were to be addressed. Mr. Donaldson: Watt, 1 can review with you the oonditons that have been apached to most of tin Teasley lane roving cases have rwoW around a limit of two stories. They've Included masonry wells They've Included roof pitches, designated roof pKchas in terms of the minknum pitch allowed, and most of them contain a maximum square footage per tm ding of 7,600 square feet. Most of the applicants haw come In with a marketing." approach to bulk go dons" offices And we heard that phross from the spplkenl [his waning. That's how i we've Interpreted gr,don•atyle to look, so that might be am appropriate set of CondKfons Ms. Gourdlo M right. Thalt. you. Commissioner Engalbreclrt: O SO Mr. Powell: Mr. Donaldson, is this end am the loop, you know, Lie ratak arse.-h this outlido of IM boor and wtra area? 11 Mr. Donaldson, I don't know. Mr. Powell: t know N M on Sherman Dine, Ns Loop W but I don't know 0 N is hers or not Mr. Donaldson: I'm not forrift with the boundaries Mr. PCWeN. Thank you, Commissioner EngsbreMt: t'ft questions for staff? The appllard has requested 18 units per sae, Mr. Donaldson, In IN muNFfemey In the kWw Inti Was I cannel parbou" Wool marry Calla where we have done that, where ere haw exceeded tin 17 untU In low AsmOly areas. I may be wrong. Mr. Donaldson: We had a reoent PD, P041, that the Pebbart roott Apgntmemla are beaNd in k actually In d low in[enOty grog, and they're going M sbo1K 20 units pit eore. But they oho gave tlN City 76 odes a( parkland which, wham factored al would radua tho intensity darn to tin standard, probably, That's really about the ony reaM amt 2~i K i~ 32XIO v t` , 4 ~ Baru tD l Planning and Zoning Commission Minutes Auguti 108 Page 1 Sol 25 case that I can think of Again, the plan apews Increased intensity on certain parcels ss Iemg s7 you try to achieve the overall impact and as long as you can mnigNe A. perhaps by locating k along an arterial. Commissioner Engeltomili I understand, I Just want tc make sure where we are with regard to precedent, although this is a PD, and that does make a difference. I'd like to put d within some context, Other questions fir staff? No other questions? Public hearing is closed. Commissioners, are there any comments? Me Ganzer I've got some. I epprori the pelWners wanting to do a wmpromise between what their initial proposal was and what staff has proposed Wive seen very little of that letelf, so I do appreciate that wad 'compromise,' Also, I'm anxious to ass some development of land, general retail, single-family, ate in north Denton to take some of the burden off of mouth Denton. I'm reedy for 4 to star going north. Mr. Moreno. Thanks That's where I live. Me Giluer I do, too Well, h'li know what I'm SayIng. I want to gat some War neighborhood eervkas and general retail up north. I donl like having to drive across town to stuff. AS for as the singlo-for lly, (hey ere willing to compromise and owe down 120 until from where their first proposal was and only go up 28 units from wi the staff recammenda. And then on She mulimriy-M we leave It at 18 units per Sue on lha low intensity area, Mat's only going to go up 112 unite from whet staffs recommending, Like I said, coming down on the single-family-I know that wen though this Is s different Inlsnslty Ores, the multi-family that we M1ave been bringing in has been a lot more per more then this is proposed to 14. So, I like what tit petitioner het-their compromise, sO Me way down I Just wanted to say let. Commissioner Engelbracht: Other comments? Me. Apple. I'd just like to say I mu. a with CommissktMr Gonzales commence I was thinking along the same tine I don't have a problem with the petdionels requests it he made them earlier. I would certainly support thou. Commissioner Engslbncht: Other comments? Ms. Gourdle? Me Gourdie: I would Just like to know M my fellow Commissioners would like to put conditions on the offices at this moment I realize that we all hew separale Interpretations of what gerdan•style moons, being In a world d the open way we Interpret thIngs, each of us differ", I would like for this to be more directed Into a single though versus an wstrad thought, If everyone would like to discuss k or not, thel's up to us to decide. 801 would sit to take IM conditions that Mr. Donaldson had given uS-sn0 that was potty much what happened on the mouth side; they may we soic iha pltoh, the roof, the masonry and Just get II down there, get k In then so that our developer will know that this 1s what we would like to eN and this Is where we're heeding end to have that in wrking In the mottling end to know Mete whore win heeding-oust so then wool be any confusion In the future. Commissoner Enpelbrecht: Ms. Apple. Me Apple I wculdn7 have, a problem whh Setlkp some icomdItici I guess whol I'd be oorKemed about m--do they have an "0 concept alnedy, beaus I'm we they want the ,eighborhood to blend with the muat4famly, to blend with tit rail end the office , I don't know k they could sat thou womaters right now, and the petitioner A may be able to addnu that better. ' Me Gsnae.. There kInd iti me, a to of this office or mod so of that ofFa out tit Teasley and Llhlen Miller has been so It would ulend better with tit al" neighborhood, And we donl wen haw any idea whet this neighborhoods 9 1g to kick Oka, Me. Apple: Exactly. 1 Me. Mori Well. Commiulor er Gourdle. I kind of agmi with you; but my conoem le that N petltloner halm had an opportunity to wetuNe du effsd d those addhbnsl mondRlons upon his dews mt. I kind of hate to Pull him 0 on this spot and nuke him, or food hkn, to make oonasalom **W IM opportunOy fo Sea whit that Impel might be Perhaps the petdlonN an oommom on that now, or..., 1 Mr, Sandlin, Mr. Chalmers, members of the Commisson, my name is Mike Sandi f we el 400 Chapel Downs In SotMlake. I'm rho their PAZ, to I mympothtae with what yw guyS go through. Port of the problem le, and you know, I ' I I 4B. I -r~ r 9 32XIIJ o ' 0 I Planning and Zoning Commission Minutes August 12. 1998 Page 160125 1 know you hate-we hate concept plans. but you've get 1 start somewhere. This is such a big Ifad that we dont really know-you know, were trying-we ere working wit some builders trying to get them into the road We're working with some people trying to get the mull ily, to we're trying to put this together. When we get 10 the offi:e. you know, typically what happens is you've got to get the rooftops up and then the office cor l the fetat cones Craig Ownby and I-he also owns a large chunk of thiS-and we decided to go in together so at least we could see, kind of gel an update, because this Po was over fen years old. So, wale trying to talk to staff. we're try,ng to work with P&Z and City Council and find out what's the City's new, updated version of what's going to , happen up here. That's why it's real informative to come hen, and that's why I wanted to come here so we could kind of get some input-sea where Its new PdZ and City Council is headed-and ova could take that and then go out and see and get our bullders, gel our multi-family people in place, office people in plan. I know I'm not really answering your question, but before the very start, well be back hen quite a few times' but Itul's why we opted to go for the concept plan w we know-ckaf at lent we'd have the Initial blessings of P&Z and City Council. This is the overall concept end then ware going to go out and work real herd trying to pull these people In-actually trying to get builders In and multi-family people In At that point, **'It be back with Mors detailed plans. To try and put a lot of conditions on 4-1'm just going to be lining up here kind of pulling stuff out and I don't really know. You know, 1 an tell you right now. I have an Idea about what some of the builders we want. You know, they're the same I builders that have been building In Denton. I may be able to tell you 'who' on tht mulV•family. I don't know. You know, we don't have anyone Specifically for munl.famiy at this point Retail, office--wen just-we just read to know-okay, that's where we went k at this point. Were happy A n-we think office was a big step up from town 1 houses. We just 6onl think the market ie ready geared toward town houses right now. And If we pet ell the murtl- family and housing in, there'd be more of a need la office which Will help on the school problem. Town louses won't help with school Inure at or Does that kind of answer. . Me Oourdie I think It answers "it questions To me, n lust makes mine mor" verdws whet I'm saying Is that you understand what you want--offers. You know it's gong to be Shore You have an idea, w in my mind being that you are a person who develops, you're a Planning or Zoning, you know all this stuff. You know that A Is a / possible thing to say, 'Yea, we will have pitched roofs. Yes, we wq hove masonry wars.'--because your vlscln is t obviously the same vision that were having, We're just pulling M A writing, and so, to me, you're verifying wf l I'm saying and you're just telling them [hat, you know, you understand both those concepts 5o, that's-you know. n goesboth ways i sae what you're saying both ways. Mc Let One quick suggestion Is to have Mark verify this. At the detailed tie plan stage, to put restridoins regarding roof pitches, maximum floor or building areas, exterior would not conflict with what h approved tonight because 111014 -„4"speciAc to this plan. The floor area ratios, N Vasa were dlemgtd, if the percentages of open span, 0 the Setback requirements were approved tonight-n those were changed, that would then set the PU and l Council In here vial you're talking about, concern that Mark wet tartklg about, and concern over setting Some type of requirement for that-some Significant change. We still have • deteiNd she plan when we-wham tat floor ores rata Sell, we have • maximum area wean ust Whether we put N b two Slaritl et hers IM s to each a one story f to full site or In S buildings of In Z buildings or in t building, that win all be reviawrd end will be Separate from the 4 Is sure the' are toVl4wed tonight. I think that's comorcl according to the ordinance. Me Gourds: I was just under the krlprese10n that, ham the Standpoint that we just nested A Mr Suoek. That's *xK* flight. The problem Is-I understand what you're saying, but the had developer may not egret with what you're Saying because we've had them Say that we couldn't. I Mink you're right Ninely-percent of the time we go e10ng; we make two-story decisions versus o.ne-stwy In Pre detailed plan phi", and we don't gat any heal about R. ft oat points down to IS he,* many apphs are am the aA before It flips over. Thel'e eat I'm Saying. It this PU Bard had a spoofk thing In mill that stay wanted to do right now, then We appildn"a to do A. If N's the paint I think you're making, from the north side !hen's not a 101 of guidollmos, than this commission may decide to well, What we're saying ih thofe'S nothing that Stops them from doing N fight flour That's oat we're saylrlg, Mr, LMr, I guon the ony poinl that I'm meklflg M that thHo's nothing that Mugs you from making those at the O O detsi*j one plan also, since those would not be In comfl+a with tat apelyflc Memo within IN PtJ approved hers tonight . That's the only clarification f wanted to Make sure that *a were 0 In agrsafriem on. Mr, Buak: I'm Saying Mat you an say whatever you want Today, and you an co" back haft Ave years from now and say, 'I'm bullding a IhrN-MOry oils building'; and N you want io take Sea to tack, we may 1064 that bank. Sts, that's what I'm 64ying, We hove certain developers who wIN use that kind of leverage and Mat's the Coin fill, A , 49. Serra:v u~axve I I Pianning and Zoning Commission Minutes August 12. 1978 Page 17 of 25 i three-story office complex with your floor area ratio is probably not cost effective. I don't know any of that kind of stuff. I'm just saying that the nature of zoning is we don't have an those answers and we haven't litigated them and we don't want to litigate them. Mr. Lee. Well, we agree with that. Commissioner EngeibreoM I think Mr. Bucek is suggesting we set the standards this evening Mr. Bucek I'm not trying to guide you. I'm just trying to save,... Commissioner Engelbrecht I think legally that maybe the best route, What I understand is-yes, Ms. Ganzar. k's. Ganzer This would Ironton Loop 288; is that correct? Right? The office would front on Lcep 268 which is a much bigger and much wider road than Teasley and Union Miller and which is gong to have just traffic zooming by. It's not gang lo-I don't-I'm not comfortable with doing that right now, Mr. Sandlin, Wen, we get bark to this Is a concept plain, and we've got tho City here, wove got the developer hers, We're missing ont part of this-who Is the person who's unimatey, going to be in those office buildings, That's generally why ir-m get-4 mean In Scuthlake, that's when were doing tho site plan b whan we octuaay have a tenant thll wants to be there. At that point, we're looking at a Room Store or, you know, a Home Depot of something Lke that- ft's rest diKicun for ms cr Crap to come up with specific guidelines on a whole complex for o" toning when we don't haw that owner here or this potential owner. Ma. Apple, Well, a lot of those companies that you're speaking about have their own specifics that they have to follow, too, which might go Into this not knowing who your tenants are going to be. Mr. Sandlin: We're looking at a specific site plan; and, you know, when I look at curses for that, that's when fm l sitting there, and I'm talking about all of the things that Ekzaboth it talking about and poesibly a lot more We're ` looking at stacking, end we're looving at, you know, does a follow our landscaping ordinance and I don't like this p tch of the roof end some of our members even say they donl like the color of the roof. Okay? But that's the site plan. Me Gourds: AM that's not my lnlention-to tell you what color a u' tr reg. And I us the Room Store and an those as retail spaces Those are not office spaces. Win talking about twc very different things hen, Mr. Ssni Wan, still-an dentists-what does that fall under? Ms Gourdis: Weis, e's not a Room Stop, We not o Home Do yd. I mean, they are rotas (tali s and whom you say offices to ma, and this is what I mean, commun ellici -ee see diMsrent thkgs and we hear differed things Whom I hear offices, I Think of a CPA or Mom and Pop ocming In and dokg their books in the book roan, but I don't ace the Room 9;ae so an office. I don't a" Homa Depot as an office. Me. Sandlin: You're .*bwM* right and that was 1ho wrong example. I've kook at Ebby Halliday Rallors; I've looked at set at ons"'s office; I've looked at a dentirl's offfa. I cenl remember what toning that v ant for R. but, you know, thol's your ordinance tptclfcalfy covering an of that. And then don't you haw o sign ordinance that's going to 10 them what sign theylro g Ling to bull Ms. Gourdis: Wok, we nave a eiln ordinena•-yes, but we don't haw 6-4 mean, you could cane in then and say, 'Ws want choices', and Vrert you could go put sheet metal up then f rid soy, 'Those are our ofitas. This is what we sae as garden offices because 8 [mks Ills stool shed and we sad garden.' I moon..,, ~I Mr. Sandlin So. what you're Wng Is that the office toting is les -+Alafs ft wont--ell Moompasskg and You • want us to narrow n down. O • Commissioner Engelbroi Viol, I think that there's s concern In she CRY that Me. Oaxdrf-one portion of the dy and Ms Gourd'e's sftampWg to express his conosme-tfla visual appeal, wsChetla, k You will, of buMhgs--in this case office bulioingt.-and Mug's wny that que68on cams up sboA 111filli meeorvy exterior. I guess It b i down lo•--do you haw a real problem with that midilbn cn there that L,e of loo voce be masonry sxtenor• I thi that pretty well... 50. X ~Ll • 0 y Plann'n and Zoning Commission Minutes Auguet 11, 1998 Page 18 or 25 Ms Gourd e. Yes. All I'm saying is that Commissioner Engelbrecht: ..I think that covers R. Ms Gourde two-story limit, masonry, and pitched roof-4 g has to be one big, huge building, Mr. Sandlin. Y'all are going to have let Crap answer that Ms. Gamer: When you're saying pitched roof, I'm visualizing some other office buildings in town that don't have the pitched roof that are still very attractive. For instance, Dale Ervin-you know what kind of stun he bolds-but he also has one that a over there on the other side that-Me first one he built is stucco, and it's a flat root; but it's still very attractive, To me g is; I mean, you know, beauty is in the eye of the beholder, Ms. Gourdla: Well, let's just say-obviously there's a majority of people here who do not care to speak on this behalf so I'm wilting to release what I'm saying, but I'm not going to be held responsible in No years when this comes back to us. I'm going to say, you know, I made the point. I stood forward, { i Ms. Geri That's fine, Me Gourdie and y'ag... Ms. Ganzen I understand. fits Gourdie .,chose not to take the step forward to I remove one thing. You guys can have your objective accomplished and let's just hope that we have, you know, something that wig be presentable in fro years. Commissioner Engelbrecht: I still haw a question about that. Mr. Oviii Yes. Mr. Chair. I'm Craig Ownby. I'm with (inaudible) in Arlington. Texas, a former resident of this { city. Can I snswer your question? Commissioner Engelbrecht: Sure; yes. Go ahead, please Mr Ownby In this particular case I think Mike pretty wen summed n rip The bottom fine is-when we really get down to n, It's going to be who the builder is and who the indivldual i who is buying the property--what they're going to want on that property. They're going to wanit an archned to design a building that's going to meet tha standards and crderta that they want In their particular of". Ms, Gourdia: M dui resped, I understand that. But 1 also-we had peoPW here who wented offices and It eked them what they wars goirp to build and that' said Ve' win going to put metal fabricated offces up 4 And even though that's what they want, doe that really fh with 1M Mighbbrhood. And this Is all I'm saying is that yell are going to have a neighborhood, and thM you're gaup to build ofliae but you're going to build Nm according to what the developer wants or the builder wants-than, you know, how do you work that out? And this is ON I'm saying is that this is just standard. Mr. Owni Again, here, Ms Gourdie, a M of that cones back pain to this very group right hers-In forme of what the final approval is for what can be done on that building; in terms of what we're going td wall there--okay; in terms of what myself, Mr. Sandlin, we're going to be wilMg to soft our Who for that purposes, lot's fora n-t I've got a nice apartment complex over here and nice general retail right hers and great looking residential aref'. I don't want a sheet metal buitdkp (here. Okay? $d, I'm generally not going to look to sag my property to somebody who's going to be putting up a sheet metal building, That's a enfe common sense Commissioner Engelbrecht: Okay. Thank you, $ n0e we'w-yea, go ahead, sirxe we'w opened this up. Mr, $andlin: I understand what you're saykp, and I don't think you an address k on a case•Dy-eae. It pets very ddfi0un to do. Might I suggest and li more work fair -43 a bl 101 thing b do- KA what we 114 On 114. for Instance-and, ea, you have to took at the whow oorrldor, and Chars an ovMap corridi And so, 0 you waiv everything to kook the some a" that higlway, t'w come up with an overlay district and..., Mr Moreno, We've already had this dlscualon. 51. E r 0 r i :~xra;e ' I O Piannng and Zoning Comm~ss,on Minutes Augusir2,1998 Page 19 of 25 Mr. Sandiin It's a very difficult Thing. and we've done that in Soutntake, and you have to sit there and, staff is gang to love Ih s, and Commissioner Engeibrecht We know You'll have to.. Mr. Sandhn. Thais how we handled it. Commissoner EngelLfecht It's later on in the agenda. You can talk to staff about our history with corridor. Thank you (know Mr, Sandlin That would be something-a suggestion. Commissioner Engelbrecht. That's another alternative approach. Ms. Apple. Well, and not only that, but if something does come about from that, there may be sdditional things set upon them that might make a difference as far as what we eat upon tonight and what Ekxabeth•s wanting. So, I'm not comfortable, at this time anyway, putting any conditions upon that. Commissioner Engelbrecht: I Just want to make a comment that since we are doing this s semingty, in order, n appears to me that the petitioner-my understanding of what was said was that well put up whatever we desire at the moment. I think there's a group of folks in this town who have great concern about what offices look like, t saw no assurance here that this was--could range anywhere from metal to brick to tarp, granile-to anything. I think There's a question about what the standard to going to be, I realty think that has not been answered Mr. Moreno Yes If I could kind of change the subject a little bit, I do have a question on the possibility of idea of allowing 18 units per acre within a low intensity area, f guess my question to staff or counsel Iran we selling a dangerous precedent A we allow the 18 ands, per me? Mr. Donaldson. I would Just ask you to make a finding-if you do make a motion to allow 18 units, to also odd the finding that there are milpsting conditions in this case, such ere its proximity to Loop 2E! and North Locust as major arterials that warrant tire Increased Intensity. Mr. R shel, It's done in compromise. Mr. Donaldson: Pardon me7 Mr. R shel, II's done in compromise. Mr. Donaldson, Yes. Commissioner Eirgelbrechl: Mr. Powmi did you have oomments7 i Mr. Power With regards to other design end Mu1no1, "offices over on the a" side on Teasley and whatmed- when they were brought to us, there was an existing neighborhood The tomoW was to meet the existing neighborhood, end k was obvious that the property wee never go" to develop unless h met the existing e neighborhood bsausa the opposition wea way too strong, I dont sae That to rsWe to Nis 61 at. The ax WIN neghborhood Is no"illolent, and theres no opposition to this here tonight d awn seM to us In writky. I think that A we're going to require things in toning, by and large I think, then they ought to be In the zoning ordinance , Of course, 1 guess that's what we're ere" here, but we don's normally in retell t mmi g requke these things-straight retail zoning. So, I don't know that we need to do h here tonight That's all I'm a". ~ Ms Gourdie, dust for point of reference, Wind River and at those, Sundown Ranch, ant those-there wen ri ® existing neighborhoods when Nose were toned. So, fuss so yowl know, A. was psi based on what we ale the Red 0 • Lobster property, which was off of Sous. It was a courtesy that they did It off of that. So, I'm just saying that That's something Nate aclualy-golds too much water. Mr. Powell: Except 100 people eat out here from SorMridge-Napht they hod en emitting neighborhood on ek of that, 52. • o P ann,ng and 20ning Commission Minutes August 12, 1998 Page 20 or 25 Ms Gourd,e. No. You're talking about one property, and you're combining a whole melds worth or offices Into one property, and that's not correct. , Commssianer £ngebrecht. Ocher comments or a motion? Nis G3nzer I'm ready to make a motion. I'll try R anyway Commissioner Engdbrecht. Go ahead his Ganzerr. I recommend approval of Z•98-027 with the Following cor itk7ml (Will you leave that up there, because I didn't have all of this here ) 1) Me floor ratios as follow-rela'd within the moderate activity center to be 0 3.1; within the tow Intensity area 0.3:1; with the office 03:1; within the neighborhood services 0.2;1; 2) the maximum residential density on single-family would be not to exceed 470 units: on muni•family within the moderate activity center would be 18 units per *vs: within In the )ow intensity area would be 18 units per due not to exceed 800 units Is this where I put mlpating, or at the and? Mr. Donaldson: Right now wa ld be good. the Ms. Gamer. Right raw Okay. The lour intensity It 18 units per acre would be a mitigating circumstances that percentage of residenlhl area (77% of the area within the low Intensity area, that Is below the imensity standard Even at the requested densities, 180.64 eats at 53 trips per sae per day); a» location of to retail and office areas along Loop 21 with aoce-s from a frontage road and proposed secandar: arterial (Nic4sia Street); and the location of neighborhood services in close proximity to Highwal 77 near Rs Intersection at Nicosia Street; 3) transportation Improvements as recommended try stall; and 4) would be lighting as recommended by staff, i I Powel: Second / Commissioner Engelbrecht: The motion has been made and seconded. My discussion an the motion? Or \ comments? I would Just like to say I'll be voting In favor of this, but f do have a concern about the office given the comments as I Interpreted Mem from the pelitiori This Is one wire allowing Me freedom, and so we'll see what happens, and it set a standard for planning and Zoning Commissioner for the future with regard to rules and regulations. Any other comments? Al in favor of the motion, please raise your rlght hand. Motion arks unanimously. (7-0) Mr. Powsk Mr. Chairman, an we take a break? Commissioner Engelbrecht Yes; I wet Just going to ask Okay. Let's take 10 minutes and be back at 7:40 p.m. The Commissioner took a break. The Commssbner roomni at 7:10 p.m. 11. Hold a public hearing and certil ere making a recommendation to to City Council Conasrning the rationing of 3111 TeasUy Lane from an Agricultural (A) soWng district to a Condltloned Office (0(c)) toning dlstdcL The 1.131-sore property Is located on the east aide of Teasley Lane (F.M. 2111) ® ep ifoximatsly fow hundred end ewmtydive (471) foot south of the Dent Oaks Subdivlslon. The proposal Is to develop offices. (2-21-032,3817 Teasley One, Wayne Reed) Commissioner Engelbrecht: Okay. We ere back from break Wei take up Rem 411 on the agenda wdlch is to hold a pull oaring and ocnaklu making a noommendstion to 04 Coy Council concerning Me re:onirg of 3811 Teasley Lane from an Agricultural (A) toning district to a Condltidned Office (O(cj) toning district, TIN 1.831- acre property is located on 06 test aide of Teasley Lane (F.M. 2181) opproxkmately, four hundred end Wwtyflva (475) feet south or the Dent Oaks SioWslon. The proposed is to develop offices, Mr. Red will make the staff 0 1 O report. Yes, 0, Mr. Wayne Reed prsssnted the staff sport. ryF Mr. Reed, Thank you, Chairman and good evening, Commissioners, Tne subject hen Is to None INS 6114111111- acre are to a oonditoned-offka ton" distrbd. Deceuse this pros is baled on Too stay, and More has been a I 53, .1f r? ~w•r r: > l y MW" Attachment 7 Summary of Concept Plan Factors PD-120, South of Loop 288 Summary of Concept Plan Factors Factor 1988 Applicant's Staff P & Z Approved Proposal Modifications Recommended Retail FAR, 035:1 0.35:1 0.30:1 0.30: 1 Moderate Activity Ctr Retail FAR 0.35:1 0.35:1 0.25:1 0.30: 1 Low Intensity Area Off" FAR NA 0.50: 1 0.25: 1 0.30: 1 Low Intensity Area NeghborhoW Services 0.25: 1 0.25: 1 0,20:1 0.20:1 Low Intensity Area MF Density 18 unhelacre 18 units/acre 18 units/scre 18 units/scre Moderate Activity Ctr MF Density 18 unitslacrs 18 uNtsfacre 12 unlts/acre 18 units/acre Low Intensity Area Town Home Density 9 unite/aore NA NA NA Low Intensity Area 308 units SF Density 4 unltalacrs 4 units wit 442 units 470 units Low Intensity Area 886 units 590 units Estimated Traffic 34,164 370041 21,471 30,605 } Generation trips per day trips per day trips per day Mps per day f a (1 54. $10 32 '10 e o AIIACPMENT ORDINANCE N0, AN ORDINANCE OF THE CITY OF DENTON, TEXAS, A- MNDING ORDINANCE SE-173 BY APPROVING AN AMENDED CONCEPT PLAN FOR 270.48 ACRES OF LAND CURRENTLY WITHIN PLANNED DEVELOPMENT DISTRICT ONE HUNDRED TWENTY (PD-120) LOCATED ALONG THE SOUTH SIDE OF LOOP 288, WEST OF N, LOCUST STREET; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAMUb1 AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTr* E DATE. WHEREAS, Civilworks Engineering, on behalf of KDRCII, initiated a request to amend an approved concept plan for 270.48 acres of land currently within PIanned Development District One Hundred Twenty (PD-120); and WHEREAS, on August 12, 1948, the Planning and Zoning Commission recommended approval of an amendment to an approved concept plan for 270.48 acres currently within Planned Development District Twenty (PD-20); 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 Ordinance 86-173 is hereby amended by approving the amended concept plan attached hereto as Exhibit B and incorporated by reference herein, as applied w the 270.48 acres of land within Planned Development District One Hundred Twenty (PD-120) described in Exhibits A, attached hereto and incorporated by reference herein, subject to the following conditions: I. That the land use factors described in Exhibit C and attached hereto and incorporated by reference herein will supersede the land use factors u described in Exhibit B. SECTION 11. That the provisions of this ordinance as they apply to the PD-120 u shown in Exhibit A herein approved, shall govern and control over any conflicting provision of 0 Ordinance No. 86-173, but all the provisions of Ordinance No. 86-173 as they apply to that remaining portion of the district not herein affected, shall continue in force and effect and shall apply to the remainder of the district. SECTION M. That a copy of this ordinance shall be attached to Ordinance No. 86.177, t showing the amendment herein approved, O ACTION IV. That any person violating any provision of this ordinance shall, upon O O 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 offense. 55. m a 32x f❑ , a \ 1. i rl Y t 1 t n SECTION V. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record- Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. Z-98-001 PASSED AND APPROVED this the _ day of 1908. s JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY. CITY ATTORNEY BY: L~oc c / f 4~t. i F.4aWdgaOL`0r DMOWWO&MMMZ9841, PD 120,40C t. f ~ I , i` < qty ~ "~s v, rJ X 0 3 X 10 O 1 1 I Exhibit .1~f $oL'~'T'FFIF.I_n~iflIE.~ BEVO a tact of land situated in tLe T. TOBY SMEY Abstaet No. 1238 and The BBB L' CRR SURVEY Abstract No. 156, Denton County. Text, and being a portion of a 316.36:6 acr_ tract of laud described in Volonne 947. Page 751, and a portiua of a tract of land described in a deed recorded in Vohtne Inl4l. Page $37 of the Med Records of Denton County, Tc:cas and being more particularly de•.rribed as follows: M,0A NCWG at an U2 inch itun rod fcnmd for the Noawest tooter of tvd 316.36:6 am tract and the Northwest eoruar of said T. TOBY SURVEY: THENCE along and with doe West line of said 316.3656 acre tact and the T. TOBY SURVEY. Sot& 00 degrera 57 minutes 06 seconds Vlnt. a distance of 1875.42 feat to a coacreie ROW monumcnt found for the PO1Nf OF BEGINNING in the Southerly right-of way line A LOOP 288 (%wialAc rridth right-of wky); THENCE along and with the Southerly right-of-any hag of said Loop 288 as follows: Suuth 88 degms 54 minutes 44 seconds East, a distance of 32.63 feet to a concrete ROW munsuaent found for a corns; North 8: degrees 18 minuses 13 seconds East a distance of 512.18 fcct to a cuacrete ROW moow sen t found for a cotncr, North 76 degrees 47 minutes 50 seconds East. a dlatuwc of 306.82 feet to a contrite ROW r motwroeut found for a coma; \ North 75 degree 09 mina ms 10 seconds Ems, a distance of 7S7.78 feet to a concrete ROW monument found for a cornet; North 71 degresi 17 minuses 58 seconds Ens', is distance of 340.94 feet to a 112 inch iron rod found for a comer; North 71 degrees 15 rairmoes 26 seconds Easy, a distance of 764.30 feet to a concrete ROD.' m yMuMA a (crud fo.• the bglnssin4 of a curie to the right ha%in8 a radius of 561938, a chord I beaina of North 73 dagtea 31 odaua 45 seconds East and a chord length of 510.81 fed; Along said curve to she tight through a neutral woo of 05 da>tsaar 12 ad"es 33 seconds fur an at laogth of S11.05 fee to a oonettta ROW snouumew found for the and of said cmw; North, 84 degrees 08 ttrhatam 48 seconds East, a distar+a of 684.90 feet to a 112 inch icon rod set for a comar, South 88 deprea 17 minutes 37 seconds FzA a di+aoca of 976.84 feet to a concnw R, monuawat (mind For the Northerly coma of a corner cop at *a inwrsectiott of the Southerly • d46a-*fway Una of said Loop 288 Mills the Westerly righaof way tine of FM 2164 6%dable Width right-ofwayx 0 0 i 57. 0 I o , SRGmrrD! i THENCE along Ad comer clip South 39 dr-green 56 ntiuuL s 14 seconds EaR. a kstance Uf 91.52 feet to a concrete WW mormmem 'THENCE along the v sierly tight-of way line of !aid FAi 2163. South 01 degrees 37 mitivies 03 saonds We". a distance of 1000.57 feet to a con=" ROW Monument found fot a corner; THENCI: North 39 degrees 15 minutes 46 seconds Vilest, a disLm,;4 Of'-919,99 fret to 110- inch ' b ,on rod found for a c Omer. THENCE South 01 degee 37 wotol 46 seconds WeM a &moce of 977.66 feet to a lr inch iron rod set few a touter. THENCE Soioh R9 degrees 12 minutes 21 seconds F.W. a distance of 1404.76 feet to a 54 inch icon rod fwtud for -.comer. THENCE South 01 degrees 05 minutes 43 seconds West. a distance 197;.53 feet to a W. inch iron rod set fa a comer, THITICE North S9 dtp m 06 uduum 45 Acmnxb West a distance of 2500.79 feet to a 1P. Incb icon rod set for a coma; THENCE North 00 dagtees S3 minuses 15 socoads East, a distance of 60.00 feet to a 1!2 inch iron rod set for the Sowbeaa corner of a 0.92 acre tract of land conveyed to the City of Denton by deed teaoaied to Volume 556, Page 434, DRDCT; THENCE along the Soatliedy line of said 0.92 acre tract. North 89 degrees 06 minutes 45 wconds Weat, a distmoe of 200.00 &a to a 1/: inch iron tod sot for a comer, THENCE doog dw Westerly [be of sold 0.92 acre tract. North 00 degrees 53 minutes IS seconds F-Ast a diswac a of 200.00 feet to a ll.' inch iron rod set for a comer. THENCE. along the Nw tlawly line of said 0.92 acre tract, South 89 degrees 06 win" 45 secottds East, a distance of 200.00 fat to a lR inch iron Tod sex for a oortta; THENCE along the Easterly line of said 0.92 acre tract. South 00 degms 53 Talc= IS smonds wee, a di*=" of 200.00 fat to a 1/2 inch irom rod set for a coma: ' THENCE Son& 00 &pvn S3 taioata 15 seconds Wak a dinance of 60.00 feet m a It21neh Iron tad in Eat a cwner THENCE NvA 19 degrees OS minutes 45 seconds Wee, a dismace of 795.80 fast to a 318 inch iron rod SxW for a corner, THENCE North 00 degrees 57 mIrartet 06 seconds East, a distance of 3079.50 fret to the POUT OF MG11NNING; p CONTAMNO Mthin drew meted odd bounds 270-235 aarx of land more or lest. p p f { 58. ` - f , ` l.i K 32 XI k1 o e ` • u ' MF 'GR • nn $ low G~tiir 1 d ' ' ~ cn • ••_•••iji ~iT i••••~~~iyi,ii. ..I i=i ~~i•~.i~ V 4 • J~4 SF 1 PLANNED DF.VELOPNIENT (PD•12C IMEDQONanPUN .NYN NORM POINTC 1 110.10 ACIIES e AENiON, ikXAS i '~J J ~t►saia we n in. - - - - 2!) 10 32 x Q EXHIBIT C LAND USE FACTORS AS MODIFIED BY ;'HE PLANNING AND ZONING COMMISSION SISSION AUGUST 12. 1998 PD-120, South of Loop 288 Land Use Factors Moderate Low Intensity Activity Center Area Retail Floor Area Ratio 0.30:1 0.30:1 Office Floor Area Ratio 0.30 : 1 Neighborhood Service Area 0.20:1 , Floor Area Ratio Sin IaFamil Units Allowed 470 units a Multi-Family Unit Densi 18 units/acrc 18 units/acre 800 units maximum both areas F, 60. „ , ?5 x 0 ° 32x ~ ~ . o . ~~ra k~vilda No, _ 7D 'd 3 _ ~~cnda Her, DI le AGENDA INFORMATION SHEET AGENDA DATE: October ti, 1998 DEPARTMENT: City Manager's office CM: Michael W. Jez, City Manager, 349.856Aq I SUBJECT: Consider approval of an ordinance amending ordinance No. 94.183 and Section 2.29 of the Code of Ordinances amending the Rules and Procedure of the City Council of the City of Denton by establishing thi: time for regular City Council Meetings and providing time limits for Councilmembers speaking on various agenda items. BACKGROUND: At the 1998 City Council Annual Planning Session held May 29.31, 19^8, and again at the follow up session held on September 21, 1998. Council discussed length of meetings. Two recommendations were made that would assist Council in conducting business at an earlier time of day end allow individual Councilmemberi to comment on agenda items in a consistent and concise manner. I he first recommendation is to amend Ordinance 94.183 and Section 4.1 "Regular 1 Meetings" to start the regular City Council Meetings at 6:00 p,m, instead of 7:00 p.m, I This would continue to Alow the public an opportunity to attend in person or view the meetings on cable television at an hour which is convenient to those who work the ! prexalent 8:00 to 5:00 work day. The seco: d recomme ndation is to amend Ordinance 94.183 and Section 2.29 of the Code of Ordinances, Section 6,5 " "rime Limits" by recommending Councilmemben limit their opening comments to no more than four (4) minutes on each agenda item. All ^ !i Councilmembers viii have an opportunity to speak to each agenda item. After each Councilmember has had an opportunity to speak, Councilmembers may each make one rebuttal presentation that shall not exceed two (2) minutes. Time limits can be extended at any time by a majority vote of the Council to suspend the rules. NIRF:VIFW ICounciL Boards. Commission): loR-AU t I he majority of the City Council directed staff to prepare the appropriate ordinance to adopt the ncndments at the Annual Planning Session follow up meeting held September 21, 1998. ! i F i 10 32 X 10 o ' ti r i .ara e.',ra { FISCAL jNFOBMATM N.nc i Respectfwly submitted: t ' % C $ ty Wi iams Assistant to the City D.4cnager lr Attachment: Ordinance 3 . t r' ~ ~l 3 e 1 , y. ~ w t , J r ,7. ' } T t 1 AVM" IMI~T IfL(h OrLMO'.IMVIIn kMi4N I , ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 94-183, AS AMENDED, AND SECTION 2.29 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, AMENDING THE RULES AND PROCEDURE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, BY ESTABLISHING THE TIME FOR REGULAR CITY COUNCIL MEETINGS AND PROVIDING TIME LIMITS FOR COUNCILMEMBERS SPEAKING ON VARIOUS AGENDA ITEMS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council deems it in the public interest to establish rules to change the times of regular City Council meetings and to establish certain speaking time limits, which will preserve the ability of the Council to effectively and efficiently conduct its public meetings; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I, That Ordinance No. 94-I83, as amended, is hereby amended by amending Section 4.1 "Regular Meetings" to read as follows: 4.1. Regular Meetings: The Council shall meet at six o'clock p.m, on the first and third D Tuesday of each month or at any other time set by the Council, unless the meeting is postponed or cancelled for valid reasons. All regular meetings of the Cnur*il will be held in the Municipal Building at 215 East McKinney Street, or at such other location as the City Council may, by motion, resolution or ordinance from time to time designate, SECTION It. That Ordinance No, 94.183, as amended, and Section 2.29 of the Code of Ordinances of the City of Denton "City Council Procedures; Order of Business" is hereby k amended by amending Section 6.5 "Time Limits" of the Ordinance and 2-29(e) "Time Limit" of the Code of Ordinances to read as follows: I Section 6.5 and 2.29(e). Time Limits: City Councilmembers, When speaking, shall , "N endeavor to limit their opening comments to no more than four (4) minutes on each ; r agenda item. After all the members of the City Council have one opN.lunhy to speak to each agenda item, Councilmemben may each make one rebuttal presentation which shall • not exceed two (2) minutes in length. Speakers before the Council shall limit their remarks to five (5) minutes or less for public hearing i„rms and citizen reports. Citizens speaking to non-public hearing agenda items shall limit their presentations to three (3) minutes or less. City Co'tncil may, by suspending the rules, in accordance with its Rules of Procedure, at any tithe extend the time limits by the affirmative vote of four (4) members of the Council. •I O • ` j SECTION Ill. That save and except as amended hcreb-, all of the sections, subsections, sentences, clauses, and phases of Ordinance No. 94.183, as amended, and Secti,., 2-29 of the Code of Ordinances shall remain in full force and effect 3 0^2 X1 r 1 r 6 1 y F~ 1~'., r r. r 1 Y- SECTION IV. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 11998. JACK MILLER, MAYOR Y ATTEST; JENNIFER WALTERS, CITY SECRETARY a BY: _ I APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: .1 ~ I Yr, 1 i r ~ ' r, .,,'mss Y uY Y 4 , r rY.. ~f '.t k't ~X' by '^0.° "~~°g tli.~ J 32, 1..~ 0 , - u Agtllda nam _p]_7 y AGENDA INFOkMATION SHEET AGENDA DATE; October 6, 1999 DEPARTMENT: General Government CM: Mike Jet, 349-8307/Mike Bucek 349-83 'U SUBJECT AN ORDINANCE GRANTING A LICENSE TO ACME BRICK COMPANY FOR THE PURPOSE OF MAINTAINING AND OPERATING A NATURAL GAS PIPELINE WITHIN THE PUBLIC RIGHT-OF-WAY OF THE CITY OF DENTON, TEXAS; PROVIDING FOR A LICENSE FEE; PROVIDING FOR THE REGULATION OF THE CONSTRUCTION, RECONSTRUCTION, MAINTENANCE AND USE THEREOF; BACKGROUND On January 23, 1968 the City adopted an ordinance consenting to the use and occupancy of streets, alleys, highways, public utility easements and public thoroughfares in the City by Acme Brick Company for the purpose of laying, maintaining, constructing, operating and replacing a pipeline for the transmission of natural gas to the Acme Brick Company Plant until 1983. This license right was extended to 1988 by Ordinance No. 83-S6 and ultimately extended to 1998 by Ordinaoce No. 88.142. Acme Brick desires to extend the license tight for an additional ten (10) years Acme Brick presently purchases natural gas from facilities owned by Southwestern ryas Pipeline Co., which we understand operates facilities near Ponder. The only street right-of•way, crossed by Acne Brick's pipeline is Hobson Lane. Our investigation into the actual loee,:on of Acme Brick's pipeline has resulted in a finding that the Southwestern Gas Pipeline Co. pipeline • bringing natural gas to Acme Brick's pipeline crosses three other city streets (such ~lreets however appear to have been constructed subsequent to the installation of the pipeline) and Southwestern has never obtained a franchise to provide such service in Denton. Staff will contact Southwestern in the near future to pursue the execution of a franchise by Southwestem or determine what basis, if any, Southwestern may hav, a for being exempt from such requirement, A cursory review of city records indicates that the only natural gas franchise in Denton is held by 0 Lone Slat Uas Company. 0 • 1 I , o i Agenda Information Sheet Agenda Date: October 6,1998 Department: General Government Page 2 PRIOR ACTIONIRME (Council, Boards, Commissions) { Natural Gas Pipeline Companies have the power of eminent domain and can determine location 4E of their lines without City approval so long as the routes selected are reasonable. In this situation the pipeline is pre-existing so the reasonableness of the pipeline location is not in controveny and therefore not subject to review by the Planning and Zoning Commission. This license ordinance requires two readings under City Charter Section 13.02 before it becomes effective so E you will see this ordinance again on October 20. ' r' f, FISCAL T!4()RMATI Hobson Lane has a right-of-way width of sixty (60) feet. We currently charge an amtusl license fee of $1,25 per linear foot to utility companies crossing Denton streets that do not provide services within Denton so the proposed ordinance provides an annual charge to Aemo Brick of $75.00. Respectfully submitted i aeI W Je4 City ger 1 i i J F. I l a 10 32 X I O A c , ?IFR ON`t DFHTOrN , CITY AT~io H v ' Fax No.t 9403827023 09-2~-90 02479fp f'.e\ _t3 / ^'~ON( ckkM i x.000 _ wsxr .i w.,n„x t^4 ( 404 04.4.1 + "k& ofi4k 44141 a.OAnnF 1Ma1~~ ~ I; anus Gu TIMBER HO8SON 113 ' ' l+~ 2F ry, 'y~ J l IONtl ~ i CIl TYIbI Cam MO QCITO m ua , R IMRWU ' r . a t t PAST w+tTw IPU CRAM 14vn 0 L. SAPMI ~ m 1 'I O • 'i7I . f 0 0 4 Bxhlbit 'A' one' of Two Pages t RYAN I K 10 32 X e o . FROMr DENTON CITY ATIORHEY FAH NO.1 9413127923 19-J.4 91 2129F~ C.e rw, rf/q/ • a S .3- v DY r too is' 10 0 1210 `I 1 17 y ♦ 07 a 1060 % is i . t 70DO IN Iei i l 1 1 w' ,J, I ~ NORfN r ~ A N O G b L ~ ~ a y g j a .o g' a ~,I I` ■ 000 1160 C0 r10D mid «f` R too ! ~Y E 0 ; 0a loan O w r u, O 9 i •Uf~ : ~ M 91 `L 11 i i I b i 1 4 1 1 awn ~ 6. r I o 'Lt, ~f D ei~i 'y e,Q f fi is 74 PIP V b O ' N N ! !N so I N p 1 _ 'mss-'{ d+b1~ ` •s• « 11` •1 ..W 1tlOf 1{tl f 0 1110_- 911 aa . a Q 30 ,t171 29K .110. rtS0 Ala IEO I1r 11' • 11:tD •..rtroto• Two of Two Pages I - - - - ;pm 4 . 7 c ORDINANCE NO. AN ORnrNANCE GRANTING A LICENSE TO ACME BRICK COMPANY FOR THE PURPOSE OF MAINTAINING AND OPERATING A NATURAL GAS PIPELINE WITHIN THE PUBLIC RIGHT-OF-WAY OF THE CITY OF DENTON, TEXAS; PROVIDINO FOR A LICENSE FEE; PROVIDING FOR "HE REGULATION OF THE CONSTRUCTION, R%ONSTRVCTION, MAINTENANCE, AND USE, THEREOF; PROVTDINO FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Denton requires any person or corporation making use of or occupying any City street, right-of-way, or public grounds to obtain franchise or permit (e.g., a license) for such use or occupancy; and WHEREAS, by Ordinance No. 98-142, Acme Brick Company, a Texas Corporation, was granted the right to install, maintain, and operate a natural gas pipeline within the street right-of-way of the City of Denton until July 1, 1998; and l WHEREAS, Acme Brick Company has requeared a renewal of its license right to maintain and operate the existing pipchre within the right-of•way; and WHEREAS, the City Council of the City of Denton, Texas, has determined that it is appropriate to grant the foliowinR license to Acme Brick Company in accordance with the terms thereof; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSi ,UCIION 1. PURPOSE A. The City of Denton, Texas, ("City"), grants to Acme Brick Company t r'Acme"), the right and privilege to construct, reconstruct, replace, maintain, use, and operate within the public right-of-way of City all necessary or desirable pipelines or other structures or appurtenances ("Facility" or "Facilities in connection with a pipeline system for the purpose of conveying natural gas, subject to the conditions of this ordinance. B. The rights and privileges herein granted to Acme shall not give Acme any exclusive right to the use of any portion of the public rigN-or-way and City may grant or permit any other parry to make use of any public right-of-way, subject to the rights granted to Acme herein. 0 SECTION 11. LOCATION OF SYSTEM ANT) FACILITIES A The license granted herein for the Facilities is only for the use of that portion of the public right-of-way cros-~cd by the pipeline at Hobson Lane, as shown in Exhibit "A", attached hereto and incorporated herein by reference. B. City resmes the right to construct, reconstruct, repair, alter, and ley and permit to be e laid, sewer, gas, water, electric, and other cables, conduits, pipelines, and lines and to do and permit Q to be done, any underground, surface or overhead work that may be deemed necessary or proper by ti 0iy, in, over, under, along, and across any public right-of-way occupied by the FaciMies of Acme, 32 X r C e 0 r i wcrx w 1 i I including any change of any curb, sidewalk, or grade of any street. In performing, permitting, or requiring such work, City shall not be liable to Acme for any damages however caused. whether by i the negligence of City, its agents, employees or otherwise; provided, however, nothing herein shall relieve any other person or corporation from liabru,y for damage to the Facilities of Acme, except as otherwise provided for herein, C. Whenever by reason of changes in the location, grade, or width of any stmt, alley, sidewalk, curb, or other feature of any public right-of-way or property, or the location or mamter of constructing any water, gas, sewer, pipelines, conduits, or any other surface orunderground structure for any purpose whatsoever that shall be deemed necessary or required by City, whether undertaken by City or another party, Acme shall, when ordered by City in writing, relocate, alter, change, adapt, or conform the Facilities to accommodate the changes deemed necessary or required, without compensation or reimbursement to Acme; provided that Acme will not be required to completely remove its Facilities from the public right•nf-wsy. SECTION III. TERM This license shall have s term of ten (10) years, beginning July 1, 1998, unless otherwise terminated for any breach or default as provided for herein. SECTION IV. FEE A Acme shall pay to City an annual license fee of $73AP for the use of the public right- of-way herein granted. The fist annual payment shall be due and payable within thirty (30) days of the effective date of this ordinance, and each successive annual payment shall be due and payable on or before July 1. B. The license fee provided for in Section IV shall be exclusive of and in addition to all other permit, Inspection. or other fees or payments that would be applicable to Acme, as required or provided for in any other ordinance; or any other taxes or assessments that may be levied ar authorized by federal or state law. SECTION V. REGULATION Ol' CONSTRUCTION A. That Acme shall obtain a right-of-way work permit and any other required permits, as specified by City's ordinances, prior to beginning any cunsirucliou, reconstruction, or other work that will require any digging, cutting, excavation, or tunneling in, under, or across any public fight-or. way. Any permit fees, inspection fees, or other fees established by ordinance, shall be paid by Acme, • and shall be In addition to any other fees provided for in this ordinance. B. All work performed in the public right-of-way shall be performed w as to min;mizc inwricrence or disruption of the use thereof by the public, in accordance with the directions of City's authorized personnel. Acme shall comply with all other construction or permit requirements of City and the reasonable directions or orders of City's authorized persormel is to the hours of construction work, barticading requirements, traffic control and safety measures, and any other related directions or orders which are imposed to insure the protection of the public. O • I PAGE 2 32 X . o C. In emergency situations, Acme may begin work within the public right-of-way j without first receiving the required permits, but shall after beginning the work, apply for the required permits thereafter within twenty-four (24) hours or as soon thereafter as is t asonably possible during the business hours of City. Any emergency work performed prior to 6laining the required permits shall be in accordance with the ordinances and regulations applicable to work performed under the required permits. An "emerz-incy situation" shall oni). include the work on the Facilities which is immeliately necessary to restore normal operstiou of the Facilities after unexpected disruption and which was not part of any planned or anticipated construction, repair, replacement, reconstruction, or maintenance program. D. City shall have the power At any time to order and require Acme to remove or abate any orthe Facilrtte•, or condition thereor, that are dangerous to life or property, and in case Acme, after written notic e, fails or refuses to comply with the order within the time specified, City shall have the power to remove nr abate the dangerous condition at the expense of Acme and without liability or ccmpensation for damages to Acme, $ECT10N Yl. ASGHTS IN THE EVENT OF ABANDONMENT If City closes or abandon. any portion of the public right-of-way or property which contains the Facilities of Acme, any conveyance or lonsfer of title or interest In the public right-of-way shall be subject to the right of Acme to centime to operate end maintain its Facilities therein in accordance with this ordinance. SECTION VI . INDEMNITY A. Acme shall indemnify and save and hold he mless City, its officer, employees, and agents from and against 411 claims, losses, damages, causes of action, suits and liability of every kind, J including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, or for damage to any property, arising out of or in connection with the erection, construction, 1 location, replacement, reconstruction, repair, maintenance, or operation of Acme's Facilities regardless of whether the injury, death, or damage Is contributed to by the negligence of Ciry, its officers, agents, or emple~ees, c-,ceps that the indemnity provided for in this paragraph shall have no application to any claim, loss, darnasq cause of action, suit, or liability resulting from the sole negligence of City, its officers, agents, or employees i 8, Acme shall not make any claim against City and City shall not be liable to Acme for j ar.- damage to the Facilities, whether actual or consequential, howsoever such damage shall be cawed, whether by the negligence of City, its agents, employees, or contractors, of ati.erwisc. a e j C- Acme shall not have or make against City any claim or demand for or on account of any damage Acme may suffer or sustain because of any failure in City's title to the public right-of- way and lands occupied by the Facilities, orany part thereof. D. Any claim made by Acme against any rrnpcrty owner adjacent to the public right-of- way where the Facilities are located for negligence in the man ter of constructing any improvements • or petrorming any work within the public right-of-way, Then the improvements or work are O ' authorized by City, shall be timiied to actual damages to the Facilities, and no claim for consequential damages shall be made. i i PAGE3 _ r"r ~f1 32xL7 I'll r I ' i 0 i i I SIRC11ON VIII, RECORDS Acme shall keep complete and accurate maps, construction drawings, and specifications describing the location of the Facilities within the public right-of-way, espies of which shall be svpplicd to City upon request SECTION 1R. NOTICE Any notice or communication required to be provided under this urdinincr shall be sent as follows: Notice to City will be tar: Notice to Acme will be to: City Manager Steve Fincher City of Denton, Texas Acme Brick Company 215 E. McKinney 220 E. Daniels Denton, Texas 76201 Denton, Texas 76101 f SECTION X ASSIGNMENT All of the rights, privileges, obligations, duties. and, liabilities created by this ordinance shall pass to and be binding upon the successors of City and successors and assigns of Acme. Acme ahall not, however, assign or transfer its rights or obligations hereunder to any other party without the prior written consent of City, unless the transfer or assignment is to a parent, subsidiary, affiliate of Acme and, in such case, the transferee or assignee agrees, in writing, to assume all of the obligations of Acme heteunder and to he hound to the same extent as Acme hereunder. 5, TIC ONXf. FORFEITURE A. If Acme should violate any of the tams, conditions, or provisions of this ordinance or if Acme should fail to comply with any reasonable provisions of any ordinance of City regulating the installation, maintent net, or operation of the Facilities and should Acme antinut to violate or fail to comply with the same for a period of thirty (30) days after Acme is notified in writing by City to correct or remedy the violation it failure as specified in the notice, then Acme shall be declared to have forfeited all rights and privileges granted by this ordinance as provided for herein. B. Any forfeiture shall only be declved upon written decision of the City Council of City after a iblic hearing before the Council at which Acme shall be given notice and an opportunity tc -spond and be heard as to the alleged violation or failure to comply. C. Upon forfeiture, Acme shall promptly remove all of its Facilities from the public rig;:t-of•wsy and restore the surface thereof to the same or better condition as existed prior to removal, all at the rola cost of Acme, SECTION XU. MISCELLANEOUS O ~ A, The obligations and undertakings of Acme and City under this ordinance shall be performable in the city of Denton, Donlon County, Texas. PAGE4 i A,; f r AWL 2i 0 32XIO asasasnw ' 0 wraorr. 1 ;4 B. This ordinance shall be governed by the laws of the State of Texas and the Denton City Charter. C. This ordinance shall be and Is hereby declared to be cumulative of all other ' ordinances of City; this ordinance shall not operate to repeal or affect any of such other ordinances and insofar as the provisions thereof might be inconsistent or in conflict with the provisiom of this ordinance, the provisions of this ordinance shall govern sad control over such cr ducting, lrovision as to any provision of this ordinance. D. Continued performance by either party pursuant to the tame of this ordinance after the lefoult of any of its terms, shall not be s waver of say right to cancel or cause a farfeiture of any right held under ibis ordinance, and no waiver of any default shall be construed or act as t waiver of any subsequent default. E. Notbiasl herein relieves Supplier of nerursl gas to Acme Brick Company from complying with all appliesbie local, state and federal laws Including provision., of the Denton City Charter, SECTION X1 . E.PPROVAL AND ACCEPTANCE In accordance with Section 13,07 of the City Charter, this ordinance shall become effective twer,y-one (21) days after final approval, if, before that date, Acme shall give its written acceptance of fiis ordinance by signing as provided below; and prt vided that, after final approval and before the expiration of twenty-one days, the full teat of this ordinance shall be published once each week for t'vo (2) consecutive weeks in the official newspaper of City, the expense or which shall be borne by Acme. Acme :or itself, its successors and assigns hereby accepts this ordinance and agrees to be :sound by all of its terms and provisions. SIGNED ibis day of 1998. ACME BRICK COMPANY i ' BY: PASSED AND APP1tOVED on first reading this the day of 1998, by a majority vote of the entire City Council of Denton, Texas. JACK MILLER, MAYOR PAGES 32 x I O , rremanee l fPASSED AND APPROVED on second reading this the day of 1998, by a mmjc&y vote of the endre City Council of Denton, Texas. i . JACK MILLER, MAYOR Al-rFST: JENNIFER WALTERS, C'I'TY SECRETARY BY: APPROVED AS TO LEGAL FORM HERSEKT L. PROUTY, CITY ATTORNEY BY: t- t , rlh y PAGE 6 ~ t 1 r , 4 ; • I~ 1 'qW& No Agenda Hem . Oata. Z!! _ 10- AGENDA INFORMATION SHEET is AGENDA DATE: October 6,1498 DEPARTMINT: Economic Development (Main Street) ACM: Kathy DuBose, Assistant City Manager for Finance r , SUBJECT Consider a resolution recommending that the Denton Main Street Program be entered into the Great American Main Street Awards; and providing for an effective date. BACKOROUND Each year, the National Main Street Center conducts a competition for outstanding Main Street cities across the nation. The selection process is highly competitive, since only few awards are given annually. Denton received an honorable mention last year and in 1995. This year, our application will include additional projects that should increase our chances of bringing this national recognition to Denton. i FINANCIAL IMp,ACr None. , " B111131 us I YL 4 Resolution ~ 1 I" ' [ A.y i J' ~1. i r)S I=.i / •PW 1 l r ~ ~ r O r~oan~ , I `7 l Respectfidly submitted: 4t 04-1 Linda Bailiff Nrector of Economic Lkvclopment Prepared by: I Iknisha Williams Main Street Manager i r~ I ~ rI ~I ~ n • P_O 2 t ~r.a~y!- , 1 1 i RESOLUTION NO. A RESOLUTION RECOMMENDING THAT THE DENTON MAIN STREET PROGRAM BE ENTERED INTO THE GREAT AMERICAN MAIN STREET AWARDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the downtown area and the Square in Denton have beers the focal point of the commercial and social growth and success of Denton for nearly a century and a ball; and continue to hold a place of honor in our community, and WHEREAS, the citizens of Denton and the merchants of Downtown Denton have endeavored to preserve sad promote the unique heritage of Denton, and many volunteers have unselfishly contributed untold hours of their time and effort to the economic revitalization and development of the Downtown Denton area and the Square; and WHEREAS, the citizens of Denton, the merchants of the downtown area and the Square, and the employees of the City of Denton Main Stred have joined in a unique partnership in promoting these objectives for the downtown area and Square by forming and supporting the Denton Main Street Program and they believe that downtown revitalization efforts in Denton represent the spirit of our pioneer forefathers and the vigor of our present day entrepreneurs; and WHEREAS, the success of the Denton Main Street Program in restoring economic vitality, preserving and restoring historic sites and the resulting commercial and social success in the Denton Downtown area and the Square is unsurpassed when compared to similar communities and should qualify this program for & Great American Main Street Award; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I That the City Court of the City of Denton fully supports the entry of the Denton Main Street Program in the Great American Main :,aeet Awards competition. SECTION I. That this resolution shall become effective immediately upon its passage turd approval. • PASSED AND APPROVED this the day of 11998. JACK MILLER, MAYOR jv i PAGEI C. ~.I X to F 32 X10 b I , I' 0 i ATTEST: JENNIFER WALTERS, CITY SECRETARY • i BY: 'r APPROVED AS TO LEGAL FORM: HERBERT L. PROLITY, CITY ATTORNEY i BY: f l , V .'.IS t £,MME:SMAN Si V PROORAM I 1 , ~ ~t aryTy 'M r PAGE 2 F r ~ M1Y r MRA 0 I •r. ,ii i. r.r i Lr, riV •r. r: r..r.... rr... .-.r~..tiv.n• nOCn. wvr a-.».~..i rn .n •.n Agenda No.-.-COC Agcnda Date AGENDA INFORMATION SHEET AGENDA DATE: October 6,1998 I i DEPARTMENT: Engineering & Transportation 12 CMIDCMfACM: Rick Svehis, Deputy City Manager SUBJECT CONSIDER AN ORDINANCE AUTHORIZ,INO THE CITY MANAGER TO EXECUTE A REAL ESTATE CONTRACT WITH RUTH 0. KELLUM ESTATE, BILLY H. KELLUM, MARCIA L. KELLUM. MICHAEL W. KELLUM. BARBARA KELLUM REESE, AND MAROARET MAYS FOR THE PURCHASE OF 1.380 ACRE OF LAND KNOWN AS PARCEL 6A, U.S. InGHWAY 77, DENTON, DENTON COUNTY, TEXAS FOR THE U. S. HIGHWAY WIDENAI(i PROJECT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING.S N EFFECTIVE DATE. BACKGROUND The above referenced property owners have executed a Real Estate Contract for the required right of way for the U.S. Highway 77 Widening Project. The property is currently vacant pastureland. The contract amount of $13,876.80 represents the fair market value as determined by an Independent appraiser and reviewed by a separate appraiser for conformity and as required by The Texas Department Transportation (TX. D,O,T•), The Appraiser and Review Appraiser services were approved by the City Council in 1997 (Professional Services Contracts). PRIOR ACTIONtREV1EW (Council, Boards, Commiulons) The Planning & Zoning Commission recommends approval i FISCAL INFORMATION I ,r } The purchase price is S 13876.80 plus closing cost of approximately $1,000.00• • I MAP Attached. Respectfully submitted: ~ r. y J erk, 'rector I Pre b : En eying TranspotUtion Paul Williamson I Right-of-Way Agent G 1 < W7 "i. I 32 Y' . O I n NO SCALE vde SITE WPM U 1. M nrq Loop 188 ` S 4' Y i s j 1 s x -wr • 2 x ILI 32XID o p . 1 ' I • i f a rs t i 579840 N r t M O Q ZooQ /w t6A't ;6 AE ; •ww~ BAR8ARA.KELLUM, ET. AL. BARBARA KELLUM, ET, AL. VOL. PG. 80111 S.F. OR 1,380 AC. 22400 S~.F. OR 0.614 AC. o REM. • 108.708 AC. REM, • 108.708 AC. ` SITE m" 3 ' -mss 32XIO s 0 Planning and Toning Minutes July 23, 1997 Page 2 Ms, Schertz: Are there any other nominations? If there are Dora, nominations are closed, We will vote on the nominees in the order of their nomination. I will list their name and , then after I am through if you will raise your right hand If you are In favor. As many as arc in favor of Jim Engelbrecht please rise your right hand. (Vote - 3) As many as are in favor of Ellen Schertz please raise your right hand. (Vote - 4) The new Chair person by majority is Alen Schertz, Thank you. For the second nominee we will be electing Vice-Chair person. The floor Is open. Ms. Apple: I would like to nominate Bob Powell, i Ms, Schein: Are there any further Dominaions? i Mr. Moreno: 1 would nominate Jim E,agelbrecht. i Ms, Schertz: Are there any further nominations? Seeing woe, Dominations are closed. As crony as are In favor of Bob Powell, please raise your right hand. (Vote - 4) Seeing there Is a majority, the new Via-ChaIr person will be Bob Powell, Congratulations. M. Consider approval of the minutes of the July 9, 1997 meeting. Ms, Schertz: Are there any corrections? Seeing none, the minutes will stand approved as written. IV. Consider making recommendation to the City Council for the acquisition of the Right-of Way for U.S, 377 from F.M. 2164 to I.33• Mr. Powell; That's not 377 but Is 77. Ms. Schertz: You are correct. Let the minutes reflect that, Mr, Powell: I would move that we recommend to the City Council the acquisition of r Right-of-Way for US 77 from FM 2164 to I.33. Mi. Gamer; Second. { Ms. Schein; Is there any discussion? All in favor, please raise your right hand. Motion passes. (7.0) V. Consider making rocornmendstion to the City Council for the acgDLltlon of the Right-of- 0 Way for Lakeview Boulevard. Mr. Powell: I move that we make recommendation to the City Council for the acquisition of the Right-of Way for Lakeview Boulevard. Mr. EDgelbrecbt: Second. 4 ROLM 32 x i O 4 o ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE CONTRACT WITH THE RUTH 0. KELLUM ESTATE, BILLY H. KELLUM, MARCIA L. KELLUM, MICHAEL W. KELLUM, BARBARA KELLUM REESE, AND MARGARET MAYS FOR THE PURCHASE OF APPROXIMATELY 1.380 ACRE TRACT OF LAND KNOWN AS PARCEL NO. 6A, U.S. HIGHWAY 77, DENTON, DENTON COUNTY, TEXAS FOR THE U.S. HIGHWAY WIDENING PROJECT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION . That the City Manager is hereby authorized to execute a Real Estate Contract with the Ruth 0. Kellum Estate, Billy H. Kellum, Marcia L. Kellum, Michael W. Kellum, Barbara ~ Kellum Reese, and Margaret Mays for the purchase of approximately 1.380 acres of land known as Parcel No. 6A, U.S. Highway 77, Denton, Denton County, Texas for the U.S. Highway Widening Project, a copy of which is attached hereto and incorporated by reference herein. SECTION 11. That the City Council hereby authorizes the expenditure of funds in the manner and amount as specified in the agreement. SECTION 11[. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of '1998, I JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY M S • BY: APPROVED AS TO LEGAL FORM: HERBERT L, PROUTY, CITY ATTORNEY T IJXA RlPWTLgI~DarnnaOrl.r~,Nl'idIWnYNirrM 'r? I 2c) 5 r*F" x 10 32X M~ e ' o REAL lBTATE CONTRACT STATE GF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by and between Ruth G. Kellum ' Estate, Billy H. Kellum, Marcia L. Kellum, Michael R. Kellum, Barbara Kellum Reese and Margaret Mays (hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Dentcn County, Texas, (hereinafter referred to as "Purchaser"), upon the terms and conditions set forth herein. PURCHASE AND SALE Seller hereby sells and agrees to convey, and Purchaser j hereby purchases and agrees to pay for all that certain tract, lot or parcel of land described in Exhibit "A" attached with all rights and appurtenances pertaining to the said property, including any right, title and interest of Seiler in and to adjacent streets, alleys or rights-of-way (all of such real prop- erty, rights, and appurtenances being hereinafter referred to as the "Property"), together with any improvements, f.'xtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions hereinafter set forth. Seller shall pay all cost for the removal, installation, construction, reinstallation, reconstruction, labor and materials for any and/or improvements located within the property described in Exhibit "A". Any improvements not removed by January 10 1999 shall become property of the City of Denton, Texas, PURCHASE PRICE 1. Amount of Purchase Price. The purchase price for the Property shall be the sum of 13,876.80. 2. Pa ant of Purchase Price. The full amount of the Purchase Price she 1 be payable n cash at the closing. e PUP.CHASER'S OBLIGATIONS The obligations of Purchaser hereunder to conaummate the transactions contemplar.ed hereby are subject to the satisfaction of each of the following conditions any of which may be waived in whole or in part by Purchaser at or prior to the closing. ~e ~ ® e 6 K d 32X10 e F 0 f I. Preliminary Title Report. Within twenty (20) days after the date hereof, Seller, at Seller's sole cost and expense, shall have c-.used the Title Company (hereinafter defined) to issue a owners policy commitment (the "Commitment") accompanied by copies of all recorded documents relating to easements, riqhts-of-way, etc., affecting the Property. Purchaser shall give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Commitment that the condition of title as set forth in the Commitment is or is not aatiafactory. In the event Purchaser states the condition of title is not satisfactory, Seller eh<111, at Seller's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten 110) days after receipt of written notice, this Agreement shall thereupon be null and void for all purposes; otherwise, this condition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. i 2. Survey. Purchaser may, at Purchaser's sole cost and expense, obtain a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser. The survey shall be staked on the ground, and shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of- way ork or adjacent to the Property, if any, and shall contain the ` surveyor's certification that there are no encroachments on the Property and shall set forth the number of total acres comprising the Property, together with a metes e:d bounds description thereof. Purchaser will have ten (10) days after receipt of the survey to review and approve the survey. In the event the survey is unacceptable, then P.tirchaser shall within the ten (I0) day period, give Seller written notice of this fact. Seller shall, at Seller's option, promptly undertake to eliminate or modify the unacceptable portions of the survey to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, Purchaser may terminate this Agreement, and the Agreement shall thereupon be null and void for all purposes and the Escrow Deposit shall be returned by the Title Company to Purchaser. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the survey. 3. Seller's Comm liance. Seller shall have performed, ob- served, and complied-with all of the covenants, agreements, and conditions required by this lyreement to be performed, observed, and complied with by Seller prior to or as of the closing. AEECOSFE FACE 2 7 % . o , I o REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing date: 1. Except for an oral agricultural rental agreement, there are no parties in possession of any portion of the Property as tenants at sufferance, trespassers or other parties. Seller warrants that the tenant and/or his livestoct will be removed no later than 30 days from the date of closing. 2. Exo,pt for the yrior actions of Purchaser, there is no pending or '.createned condemnation or similar proceeding or assessment or suit, affecting title to the Property, or any part thereof, nor to the best knowledge and belief of Seller is any such proceeding or assessment contemplated by any governmental authority. Seller has complied with all applicable laws, ordinances, regulations, statv:es, rules and restrictions relating to the Property, or any part thereof. 4. To the best of the seller's knowledge, there are no toxic or hazardous wastes or materials on or t+ithin the Property. Such toxic or hazardous wastes or materials include, but are not limited to, hazardous materials or wastes as same are defined by the Resource Conservation and Recovery Act (RCRA), as amended, and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), as amended. CLOSING The closing shall be held at the office of Dentex Title Company on or before November 30, 1998, or at such title company, time, date, and place as Seiler and Purchaser may mutually agree upon (which date is herein referred to as the "closing date"). CLOSING REQUIREMENTS i . 1. Seller's Requirements. At the closing Seller shall: A. Deliver to State of Texas, acting by and through the Texas Transportation Commission a duly executed and acknowledged Deed in the form as attached hereto as Exhibit "8" conveying good and marketable title to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assesaments, and O restrictions, except for the following; AEE009FS PAGE 3 K ❑ 32X10 8 rollr make" o 1. General real estate taxes for the year of closing and subsequent years not yet due and payable; 2. Any exceptions approved by Purchaser puxsuant to Purchaser's obligations here- of! and 3. Any exceptions approved by Purchaser in writing. B. Deliver to Purchaser a Texas Owner's Policy of Title Insurance at Purchaser's sole expense, issued by Dentex Title Company, Denton, Texas, (the "Title Company"), or such title company as Seller and Purchaser may mutually agree upon, in Purchaser's favor in the full amount of the purchase price, insuring fee simple title for the State of Texas to the Property subject only to those title exceptions listed in Closin Requirements hereof, such other exceptions as may a approved In writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas owner's Policy of Title Insurance, provided, however: 1. The boundary and survey exceptions shall be deleted if required by Purchaser and if so required, the costs associated with same shall be borne by Purchasert 2. The exception as to restrictive cove- nants shall be endorsed "None of Record"t 3. The exception for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable", and The exception as to liens encumbering the -44 Property shall be endorsed "None of Record". i C. Deliver to Purchaser possession of the Property on the day of closing. 2. Purchaser's At irements. Purchaser shall pay the consideraiion as re ece n the "Purchase Price" section of this contract at Closing in immediately aveilabie funds. i AEEOOSPE PAQE 1 9 f P 2hx 0 32xI❑ e , ems. u ' I 3. closing costs. Taxes for the current year will be prorated through the closing date. Rollback taxes , if any, will be paid by Purchaser. All other costs and expenses of closing in consummating the sale and purchase of the Property not specifically allocated , herein shall be paid by Purchaser. REAL ESTATE COMMISSION All obligations of the Purchaser or Seller for payment of Brokers fees are contained in separate written agreements. BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property except Purchaser's default, Purchaser may either enforce specific performance of this Agreement or terminate this Agreement by written notice delivered to seller. BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth,, in PURCHASER'S OBLIGATIONS having been satisfied and Purchaser being in default Seller may either enforce specific performance of this Agreement, or terminate this Agreement by written notice delivered to purchaser. MISCELLANEOUS 1. Assignment of A reema,, This Agreement may not be assigned by Purchaser w tout the express written consent of Seller. 2. Survival of Covenants. Any of the representations, war- ranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. 3. Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified sail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party. AEEOCIrt PACs 10 8.:. a,t~ t F 32 X 9 0 mate" 4. Texas Law to F+pply. This Agreement shall be construed under andn accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. 5. Parties Bound. This Agreement shall be binding upon and inure to et benefit -of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement. 6. Le al Construction. In case any one or more of the pro- visions contains n this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said in- validity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. 7. Prior Agreements Sv eraeded. This Agreement constitutes the sole and only agreement 0 the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. a. Time of Essence. Time is of the essence in this Agreement. 9. Gender. words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held.to include the plural, and vice versa, unless the context requires otherwise. 10. Memorandum of Contract. Upon request of either party, both parties shall promptly execute a memorandum of this Agreement suitable for filing of record. 11. CCom liance. In accordance with the requirements of the Texas Real Est-ate -License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. * 12. Time Limit. In the event a fully executed copy of this Agreement ai nnot been returned to Purchaser within ten (101 days after Purchaser executes this Agreement and delivers same to Seller, Purchaser shall have the right to terminate this Agreement upon written notice to Seller. ~ N s AEE008rE LAGS 6 11 4WV 32X~LJI ,v eN e Mimi 0 13. Condemnation. It is agreed that this is a sale and purchase o-f-rand considered under threat of condemnation. City of Denton would condemn the property for road purposes if the parties hereto had not agreed as to the terms of sale. DATED this day of , 1998. SELLER: 4{7 PURCHASER: Ruth G. Kellum Estate THE CITY OF DENTON, TEXAS BY. BY., B 1 y H. Kellum individually and as the Executor to the Ruth City Manager G. Kellum Estate 215 E. McKinney Denton,Texas 76201 Marcia L: K !L 3 Michael 6,ct Ida" A(.4*' arbara Kellum Reese ~ ergs et M ye STATE OV TEXAS COUNTY OF DENTON a T is instrument is acknowledged before me, on this day of 1998 xL~ecut to the Ru h G. Kel Bum Estate Kellum individually and as 4 a/eez'rrI' v Notary c in and or • the State of Texas 0 AEE091FE FACE 7 12 kkti a kI 25 x 10 32 0 ` mail= 0 -:I.M i STATE OF TEXAS i, COUNTY OF DENTON This instrument is acknowledged before me, on this L~day of 1998 by Marcia L. Kellum. + Notary P lic and poi the State of Texas STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this JLL day of a„hte 1998 by Michael N. Kellum. M Nota Publ c n an or om"Kis,IM the State of Texas STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this lj/~ 44day of f 2(t~Z,rr~ti , 1998 by Barbara Kellum Reese. ~awJ~/l'a 2Q7~►-t1,GGC/ ~ Notary Public in ana for the State of Tones 6IdA.k9exc., STATE OF TEXAS COUNTY OF DENTON Th instrument is acknowledged before me, on this 141 day of 1998 by Margaret Mays. I E r~ Notary Public n an or the State of Texas MEOWS PACs 1 ] 3 25)< la 32XIa r 0 y e..n..: FNna V r..... . .....-V..r~...wnr •Y ...wwww-....ri. .in+n. w..rv n.wa.«.. ~ "y I 'I t STATE OF TEXAS COUNTY OF DEMON This instrument is acknowledged before me, on this day of 1998 by City manager. o the City of Denton, a nun c pa corporation, known to me to be f the person and officer whose name is subscribed to the foregoing j instrument and acknowledged to as that the same was the act of i the said City of Denton, Texas, a municipal corporation, that he was duly authorized to perform the same by appropriate ordinance of the City Council of the City of Denton and that he executed the same as the act of the said City for purposes and consideration therein expressed, and in the capacity therein stated. r I , Notary Public in an or the State of Texas r"r I + I • y I ' I r 14 ` j i r 10 s slow" D Rawl" EXHISIT'A' County Denton Page I of t Highway U.S. 77 Project Llmlts: From LH. 35 Rev, December 2. 199. TO U.S. 380 CSJ: OI9B-02• Account: FIELD NOTES FOR PARCEL 9A BEING A PARCEL OF LAND SITUATED IN A CALLED 126•ACRE PARCEL OF LAND CONVEYED TO BARBARA KELLUM, ET. Al., RECORDED IN VOLUME 946, PAGE 263, DEED RECORDS DENTON COUNTY, TEXAS {DADCTI, AND BEING SITUATED IN THE ALEXANDER WIlITE SURVEY, ABSTRACT NO. 1408 ANO THE NATHAN WADE SURVEY, ABSTRACT N0. 1467, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING for reference at a found brass monument being a point on the north right of way One of Loop 288 to variable width right of way); THENCE N 800 23'230 W, along the north right of way One of Loop 288, a distance of 53.04 feet to I set 5i8• Inch Iron rod with an aluminum cep for the POINT OF BEGINNING, and being a ooint on the new north right of way line of U.S. 77; _ 11) THENCE N 800 23' 23' W, along the north right of way Ono of Loop 288, a distance of 122.83 feet to a point lo the existing north right of way One of U.S. 77 from which a found brass monument bears S 81.06' 28' W, a distance of 1.99 feet; t2l THENCE N 58' 13'550 W, along the south line of said Kellum tract and the existing north right of way One of U.S. 77, a distance of 1218.65 fen to a fence corner for the southwest comer of uid Kellum tract, same being the southeast comer of a called 109.30•scre parcel of land conveyed to George Hopkins, Trustee, recorded In Volume 3003, Page 820, ORDCT, from which a found 1124nch "n rod bears S 114 37' 18' W, a distance of 1.53 feet; 13) THENCE N 000 49' 38' £ along the west Ono of said Hopkins tract and toot line of afld Kellum tract a distance of $4.78 feat to a fat 518-Inch Iran rod with an aluminum cap in the now north right of way One of U.S. 77; t41 THENCE S 680 12' 52' £ with the new north right of way One of U.S. 77, a distance of 769.83 fen to a on 518-Inch Iron rod with on skuninum cap; r• 151 THENCE S $80 11' 36' E. continuing with the new north right of way One of U.S. 77, a Distance of 697,73 fan to the POINT OF BEGINNING and containing 1.380 acres, or 60,111 square fen • of land, more or less, 0.817 Ac•-Ala xandsr Wade Survey 0.763 At.-Nathan Wade Survey • A~, t~E'q~,~ ~ 0 • ~ i C ro Cam. 844444 too JQHN F. WILDEA John F. Wilder, R.P.L.S. ••••~~•••••.•...ti•.• Date Texas No. 4286 4285 15 • 32 ar t e I 1 O A r a.Y•.W a.ra uJ .rr vne a r. e..-.. . Tao, D"a.m of Umq mutim WISIT ^n" - Pam D-15-re P.p l of 7 R". lf91 DEED THE STATE OF TEXAS } COUNTY OF !f KNOW ALL MEN BY TMSB PRESENTS; Thu, C of the CoInty of SUN f1 one or m for and in ooneidersdon of the ad Texan, hereht~r refereed to as Ocaotort, whetlser r munof Dollars ) to dimmars in hand paid by the Stue of TeW acting end through the Texas T nngm adon Commission, taceipt of which is hereby rtt9mowtedged, sod for which no IIm Fi rembed, am" rapt eased or have thG day Soldp by these p do (rant, Bargain, Se Band Convey unto State off".." to~~ Tom, am of of land fo bibh A, whkh msched hereto and incorporated herein or any and all putpom. particularly SAVE and EXCEPT, HOWEVER, it is expressly understood and speed that Grantors ate retaining tide to the following hnprova» eats located on the property described in said Exhibit "A," to wic ruuorscovenant and agree to resnove the above doomed improvements !torn said land by the.^ day of ,19_ , mbjem however, to such extensions of time u may be paved il~ by the rate in wrhing; and it, for any reason, Gamsera fail orrefuse to remove urns widiln said period of time prescribed, then, wWwut any farther consideration, the tide to all or soy put of such lmprovernernts not so rernoved shall pats to and veer in the State of Texts forever. Oranors reserve all of the oil, Sm and sulphur in and under the land herein ad but waive all d$hts of ingress and epess to the Nuts" thereof for due p~poa of eaplorint, dtwel Zoo or driW for same; however, nothing in oils reservation shall aka the tide and righa of the ue to take and we aII other rain mis and materials &mon, therein and thereunder. 16 ~~Zy,, 9 'AMkMM 0 .VWYM Tsai Depuonem et TanVaution Paw D-13.14 Pap 2 d 7 R•v. 961 TO HAVE AND TO HOLD the pretaisea herein described and herein convoyed together with all and singular the right and thecae in any wise belonging unto the State of Texas and Its usigtss jaop~ forever, and raatm o by biad ourselves, our heirs. executors, minihsisaum, suctesson and as- signs to Warrant and Forever Defend all and singtilu the said puss herein conveyed wto the Stwe of Texas and its assigns against every person whomsoever lawfully d"nios of to claim the som or any put thereof. IN WITNESS WHEREOF, this lnstnunent h executed on this the day of { s E THE STATE OF TEXAS, ACKNOWLIDOMENT COUNTY OF BEFORE ME, this andentped, a Notary Public. oa thL day pmoully appeued known to me (or proved to me oo the onh of , a =table wimm.) to be the pmWs) whose oam0s) is (are) subscribed to the fom join] tows®em sod edmowledled to roe that bomhamwy eacated the woe for the purposes and coaddaedon therein sap um& OfVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 19, . Notary PaWie, Sues d Team My Cowmisim aWiti a tbs fay «f t9~. CORPORATE ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF w BEFORE ME, the uodeeelsaed, s~Namy Poblic. an ads day peaoally appeared e , known to ate to be she person wd omca whose um is sWocd W to the for join j iomwaent sod adaowledpd tome that the creme + wu the as d the Bald , a corpondoa, that bow wu dWy eatbodW to Perform dM same by spptopAate mchrdm aide bond of dhmms of tmc6 carpcwatioa rod that Wdo exeealed the um u the ad of ach corpoesdaa fm do pmpom and oooeidendoo therda espreued, eed In the atgdry tberro anted 1 OVEN UNDER MY HAND AND SEAL OP OPPICB, Ibis day of , 19M . 0 Nary Fatales, Stem of Tune i I { My Commtuloo wow an the _ day of 17 ^txyti~l!~ io 32 X a 0 ' eaeaer O ' i ay, v~ Puoe1 No. ~ ? P «s1 onnty o 1 r ~ Hi~bw~y No. ~p Control Account orFederd Sea lob - From: To: DEED ~ i TO THE STATE 0 TF M i AUSTIN. TEXAS s Th11 ` day or or Aoeor A.b.1g' , o clads M nis day AetorlN A.b.19,.~, iBook ,Te=as, o I, 1 1 OcFier Sep 1 ivlo 9y Qoaeq tank I r n 32 x ❑ 1 q& MIL ~~iqLana e 0 aawa~ Agenda No Agenda Item-_, f30E Oat e AGENDA INFORMATION SHEET AGENDA DATE: October 6,1998 ` DEPARTMENT: Engineering & Transportatiuo CM1DCM/ACM: Rick Svehla, Deputy City Manager QS SUBJEC C CONSIDER AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE CONTRACT WITH RUTH G. KELLUM ESTATE, BILLY H. KELLUM, MARCIA L. KELLUM, MICHAEL W. KELLUM. BARBARA KELLUM REESE, AND MARGARET MAYS FOR THE PURCHASE OF 0.514 ACRE OF LAND KNOWN AS PARCEL 6A(E), U.S. HIGHWAY 77, DENTON, DENTON COUNTY, TEXAS FOR THE U. S. i HIGHWAY WIDENING PROJECT; AUTHORIZINO THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND The above referenced property owners have executed a Real Estate Contract for the required right of way for the U.S. Highway 77 Widening Project. The properly is currently vacant pastureland. The contract amount of $1928.00 represents the fair market value as determined by an independent appraiser and reviewed by a separate appraiser for conformity and as required by The Texas Department Transportation (TX. D.O.T,). The Appraiser and Review Appraiser services were approved by the City Council in 1997 (Professional Services Contracts). PRIOR ACTION/REVIEW (Council. Boards. Commissional The Planning & Zoning Commission recommends approval. FISCAL INFORMATION { The purchase price is S 1928.00 plus closing cost of approximately $300.00. MAP i Attached. Respectfully submitted. • • Jerry k, Di for Prepared by, Eng ring & Transportation Paul Williamson k Right-o! Way Agent 7i 14k z x Io 3 2XI❑ u f NO SCALE e usa SITE U.$. M Mod Lee n• r~ i IN, u , ~r Y f ~ 1w A r IAL ` w 2 ,r y^ ?h K 32xio • o IMAMS 1 1 579800 N i 0 rOn g r 400 r ?~6 • ~6Ai ;6AEt BARBARA. KELLUM, ET. AL. BARBARA KELLUM, ET, AL. VOL. PG. VOL, PGo • 00111 S.F. OR 1.380 AC. 22400 S,F. OR 0,614 A.C. • • REM, - 108.708 AC. REM.- 106.708 A.C. ` s lore m p °f ?5 . 32Xfo f s c I - Phuming and Zoning Minutes July 23, 1997 Page 2 Ms. Schertz: Are there any other nominations? If there are none, nomiudons are closed. We will vote on the nominees in the order of their nomination. I will list their name sad , then alter 1 am through if you will raise your right hmA If you am In favor. As marry as are in favor of Jim Engelbrecht please raise your right hand. (Vote - 3) As many as am In favor of Ellen Schein please raise your right hand. (Vote - 4) The new Chair person by majority L Ellen Schertz. Thank you, For the second non lnee we will be electing Vice-Chair person. The floor is open. Ms. Apple: 1 would like to nominate Bob Powell. Ms. Are there any further nominations? Mr. Moreno: I would nominate Jim Eagetbrecht. Ms. Schertz: Are there any further nominations? Seeing none, nominations are closed. As many as are In favor of Bob Powell, please raise your right band. (Vote - 4) Seeing there is a majority, the new Vice-Chair person will be Bob Powell. Congratulations. III, Consider approval of the minutes of the July 9, 1997 meeting. Ms. Schertz: Are there any corrections? Sestng none, the minutes will stand approved as written. IV. Consider making recommendation to the City Council for the acquisition of the Right-of- Way for U.S. 377 from F.M. 2164 to 1.3l. Mr. Powell: That's not 377 but Is 77. Ms. Schertz: You arc correct. Let the minutes reflect that. Mr. Powell: 1 would move that we recommend to the City Council the w1ulsidon of Right-of-Way for US 77 from FM 2164 to I.35. A Ms. Gamer Second. Ms. Schertr: Is there any discusslon? All In favor, please mice your right hand, Motion passes. (7-0) ; V. Consider making recommendation to the City Council for the aequisitloa of the Right- of-Way for Lakeview Boulevard. Mr. Powell: I move that we make recommendation to the City Council for 66 acquisition of the Right-of•Way for Lelteview Boulevard. .Mr. Engelbrecht: Second. I 4 25 K I a 32x I e • i vans. . ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE CON,'RACT WITH THE RUTH 0. KELLUM ESTATE, BILLY H. KF.LLUM, MARCIA L. KELLUM, MICHAEL W. KELLUM. BARBARA KELLUM REESE, AND MARGARET MAYS FOR THE PURCHASE OF APPROXIMATELY 0.314 ACRE TRACT OF LAND KNOWN AS PARCEL NO. 6A(E), U.S. HIGHWAY 77, DENTON, DENTON COUNTY, TEXAS FOR THE U.S. HIGHWAY WIDENING PROJECT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND DECLARING AN EFFECTIVE DATE. I HE COUNCIL OF THE CITY OF DENTON HEREBY O".DAINS: SECTION I. That the City Manager is hereby authorized to execute a Real Estate Contract ! with the Ruth 0. Kellum Estate, Billy H. Kellum, Marcia L. Kellum, Michael W. Kellum, Barbara Kellum Reese, and Margaret Mays for the purchase of approximately 0.514 acres of land known as Parcel No. 6A(E), U.S. Highway 77, Denton, Denton County, Texas for the U.S. Highway Widening Project, a copy of which is attached hereto and tcorporated by reference herein. SECTION tt. That the City Council hereby authorizes the expenditure of fonds in the manner and amount as specified in the agreement. SECTION 11 . That this ordinance shall become effective immediately upon its passage and approeal. PASSED AND APPROVED this the day of 61998. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY r y0 BY: APPROVED AS TO LEGAL FORD1 HERBERT L. PROUTY, CITY ATTORNEY • BY:1 d S ~s• }.w 7 5 X. ❑ 32 x I O 0 ' O 1 . REAL ZSTATY WWTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by and between Ruth G. Kellum Estate, Billy H. Kellum, Marcia L. Kellum, Michael N. Kellum, Barbara Kellum Reese and Margaret Mays (hereinafter referred to as "Seller") and CITY OF DENTON# TEXAS, a home rule municipality, of Denton, Denton County, Texas, (hereinafter referred to as "Purchaser"), upon the terms and conditions set forth herein. i PURCHASE AND SALE Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for all that certain tract, lot or parcel of land described in Exhibit "A" attached with all rights and appurtenances pertaining to the said property, including any right, title s%nd interest of Seller in and to adjacent streets, alleys o!. rights-of-way (all of such real property, rights, and appurtenances being hereinafter referred to as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions hereinafter set forth. Seller shall pay all cost for the removal, installation, construction, reinstallation, reconstruction, labor and materials for any and/or improvements located within the property described in Exhibit W. Any improvements not removed by January 10 1999 shall become property of the City of Denton, Texas. PURCHASE PRICE 1. Amount of Purchase Price. The purchase price for the Property shall be the sum of ].928.00. 1 2. Payment of Purchase Price. The full amount of the Purchase Price shal be payable in cash at the closing. i PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction of each of the following conditions any of which may be waived in whole or in part by Purchaser at or prior to the closing. 6 10 32 A 0 0 { 1 I I 1. Preliminary Title Report. Within twenty (20) days after the date hereof, Seller, at Seller's sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue a owners policy commitment (the "Commitment') accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser shall give Seller ^ written notice on or before the expiration of ten (10) days after Purchaser receives the Commitment that the condition of title as set forth in the Commitment is or is not satisfactory. In the event Purchaser states the condition of title is not satisfactory, Seller shall, at Seller's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, this Agreement shall thereupon be null and void for all purposes) otherwise, this condition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. 2. Survey. Purchaser may, at Purchaser's sole cost and expense, obtain a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser. The survey shall be staked on the ground, and shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of- way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property and shall set forth the number of total arses comprising the Property, together with a metes and bounds description thereof. Purchaser will have ten (10) days after receipt of the survey to review and approve the survey. In the event the survey is unacceptable, then Purchaser shall within the ten (10) day period, give Seller written notice of this fact. Seller shall, at Seller's option, promptly undertake to eliminate or modify the unacceptable portions of the survey to tLe reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, Purchaser may terminate this Agreement, and the Agreement shall • thereupon be null and void for all purposes and the Escrow Deposit shall be returned by the Title Company to Purchaser. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the survey. 3. Seller's Compliance, Seller shall have performed, observed, and complied witch 1 of the covenants, agreements, and conditions required by this Agreement to be performed, observed, • and complied with by Seller prior to or as of the closing, 0 • ALEooem PAGE 2 a 25 32X~~ 0 n REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing date: 1. Except for an oral agricultural rental agreement, there are no parties in possession of any portion of the Property as tenants at sufferance, trespassers or other parties. Seller warrants that the terant and/or his livestock will be removed no later tl-an 30 days from the date of closing. I 2. Except for the prior actions of Purchaser, there is no pending or threatened condemnation or similar proceeding or assessment or suit, affecting title to the Property, or any part thereof, nor to the best knowledge and belief of Seller is any such proceeding or assessment contemplated by any governmental authority. 3. Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof. 4. To the beat of the seller's knowledge, there are no toxic or hazardous wastes or materials on or within the Property. Such toxic or hazardous wastes or materials include, but are not limited to, hazardous materials or wastes as same are defined by the Resource Conservation and Recovery Act (RCRA), as amended, and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), as amended. CLOSING The closing shall be held at the office of Dentex Title Company on or before November 30, 1998, or at such title company, { time, date, and place as Seller and Purchaser may mutually agree upon (which date is herein referred to as the "closing date"). CLOSING REQUIREMENTS • 1. Seller's Requirementa. At the closing Seller shall: A. Deliver to State of Texas, acting by and through the Texas Transportation Commission a duly executed and acknowledged Drainage Easement Document in the form as attached hereto as Exhibit "8" conveying good and ' marketable title to all of the Property, free and clear of any and all liens, encumbrances, conditions, 0 AEE004rz PAGE, 3 8 S t) V easements, assessments, and restrictions, ex.ept for the following: 1. General real esta'e taxes for the year of closing and subsequent years not yet due and payable! 2. Any exceptions approved by Purchaser pursuant to Purchaser's Obligations hereofs and 3. Any exceptions approved by Purchaser in writing. 8. Deliver to Purchaser a Texas Owner's Policy of Title Insurance at Purchaser's sole expense, issued by Dentex Title Company, Denton, Texas, (the "Title Compimy"), or such title company as Seller and Purchaser may mutually agree upon, in Purchaser's favor in the full arount of the purchase price, insuring fee simple title for the State of Texas to the Property subject only to those title exceptions listed in Cloain Ae nirementa hereof, such other exceptions as may 5e approved n writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Policy of Title Insurance, provided, however: 1. The boundary and survey exceptions shall be deleted if required by Purchaser and if so required, the costs associated with same shall be borne by Purchaser) 2. The exception as to restrictive covenants shall be endorsed "None of Record"1 3. The exception for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable") and 4. The exception as to liens encumbering the ? Property mall be endorsed "None of Record". i i C. Deliver to Purchaser possession of the Property on the de, of closing. • AE9008FE PAGE 4 9 10 32XID , A U 2. Purchaser's Requirements. Purchaser shall pay the consideration as referenced in the "Purchase Price" section of this contract at Closing in immediately available funds. 3, cloain Coats. Taxes for the current year will be prorated t rough h the closlnq date. Rollback taxes , if any, will be paid by Purchaser. All other costs and expenses of closing in consummating the sale and purchase of the Property not specifically allocated herein shall be paid by Purchaser. REAL ES'T'ATE COMMISSION i All obligations of the Purchaser or Seller for payment of Brokers fees are contained in separate written agreements. BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property except Purchaser's default, Purchaser may either enforce specific performance of thi,m Agreement or terminate this Agreement by written notice deliverod to seller. BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in PURCHASER'S OBLIGATIONS having been satisfied and Purchaser being in default Seller may either enforce specific performance of this Agreement$ or terminate this Agreement by written notice delivered to purchaser. MISCELLANEOUS 1. Assignment of ~Agreement.. This Agreement may not be assigned by Purchaser w ti bout the express written consent of ' Seller. 2. Survival of Covenants. Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. ~ I AtecoorE PAGE I I I 10 2.5 x 32 x ❑ ~aeu~a r O MOM" ' I I 3. Notice. Any notice required or permitted to be delivered her~,-nderr shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party. 4. Texas Law _tooA 1 This Agreement shall be construed under and in accordance with the laws of the State of Texase and all obligations of the parties created hereunder are performable in Denton County, Texas. 5. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executora, administrators, legal representatives, successors and assigns where permitted by this Agreement. 6. Legal Construction. In case any one or more of the a provisions contained- in Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. 7. Prior R _r_e_e~ments Su erseded. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 8. Time of Essence. Time is of the essence in this Agreement. 9. Gender. Words of any gender used in this Agreement shall be held and construed to Include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 10. Memorandum of Contract. Upon request of either party, both parties shah promptly execute a memorandum of this Agreement suitable for filing of record. • 11. CCompliancee. In accordance with the requirements of the Texas Rea T License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. AEE008FE PACE 6 11 ~i 32XID I c r i a E F ~ I 12. Time Limit. In the event a fully executed copy of this Agreement has not been returned to Purchaser within ten 1101 days after Purchaser executes this Agreement and delivers same to Seller$ Purchaser shall have the right to terminate this Agreement upon written notice to Seller. 13. Condemnation. It is agreed that this is a sale and purchase of land considered under threat of condemnation. City of Denton would condemn the property for road purposes if the parties hereto had not agreed as to the terms of sale. DATED this day of , 1998. /lt(r~Pl7RC}iASER t SELLER: Ruth 0. Kellum Estate f1 THE CITY OF DENTONo ' TEXAS E BY: BY: Bi ly Ke um ndividually and as the Executor to the Ruth City Manager 0. Kellum Estate 215 E. McKinney Denton,Texas 76201 M~Are,IA L.. %e lum~ Michael W. Kellum Barbara Kellum Reese ergs et Maya / i r"~nF r, n r AEEOOSM PACK 7 12 MML n i 7h x l 32 X 1 d y rr~ 0 0 r , STATE OF TEXAS COUNTY OF DENTON Thie instrument is acknowledged before me, on this At" day of M1998 by Billy N. Kellum indivi Ually and as Execu or to the Ruth G. Kellum Estate. W C1~~,r~, yri `d~ ~ Notary Public in an for the State of Texas STATE OF TEXAS COUNTY OF DENTON I Thi instrument is acknowledged before me, on this day of 1998 by Marcia L. Kellum. r` r i Qytllc, YJI j I Notary Public in and for the State of Texas STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this day of nit er , 1998 by Michael N. Kellum. TMA L. MOpPoB , r••• t, q(Yppgpp~py,Fe Nota y Publ c' n and or DoomwIs,Im the tate of Texas . STATE OF TEXAS COUNTY OF DENTON 0 Thly Instrument is acknowledged before me, on this /J~Wlday of { l fiyn/' 1998 by Barbara Kellum Reese. Notary Public Inland or the State of 141 4k;Iiii uE00are PAGE a 13 s'r , f 0 k STATE OF TEXAS COUNTY OF DENTON Thi instrument is acknowledged before me, on this L[L'~day of 1998 by Margaret Mays. i, Notary lic in and for { the State of Texas STATE OF TEXAS Ci YTNTY OF DENTON { This instrument is acknowledged before me, on this day of 1998 by , City Manager, of the City of Denton, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing r instrument and ackncwledged to me that the same was the act of r' the said City of Denton, Texas, a municipal corporation, that he was duly authorized to perform the same Dy appropriate ordinance of the City Council of the City of Denton and that he executed the same as the act of the said City for purposes and consideration therein expressed, and in the capacity therein stated. Notary Public in and for the State of Texas f iv, MEOWS PAGE 9 f 14 4k IQ 2~ix10 37x u , 1 ~ EXHIBIT •A• County Denton Pape 1 of I Highway U.S. 77 Project Limits: From I.H. 35 Rev. June 30, 1994 CSJ: Q196-02" To U.S.380 I Account: i i -'t FIELD NOTES FOR PARCEL 2A10 S, BEING A PARCEL OF LAND SITUATED IN A CALLED 125-ACRE PARCEL OF LAND CONVEYED TO BARBARA KELLUM, ET AL, RECORDED IN VOLUME 948. PACE 283, DEED RECORDS DENTON COUNTY, TEXAS IOROCT), ! s AND BEING SITUATED IN THE ALEXANDER WHITE SURVEY, ABSTRACTNO.1408. CRY OFDENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ' COMMENCING for reference at a found Draw monument being a point In the north right of way line of Loop 288 ! (a varia big width right of way); . THENCE N 800 23' 23' We along the north right of way 9ne of Loop 288, a distance of 63.04 fat to a at sill. Inch lion rod with an aluminum cap, being a point an the new north right of way Ilm of U.S. 771 i THENCE N 580 1 V 36' We sting the new north right of way one of U.S. 77, a distance of 697.73 fat to I sot 618-inch Iron rod with an aluminum cap; THENCE N 600 12' 61' We continuing along the new north right of way Me of U.S. 77, a distance of 176.89 feet to a set 518-Inch Iron rod with an aluminum cap being the POUR OF BEGINNING; (1) THENCE N 68' 12' 62' W, with the new north right of way line of U.S. 77, a distance of 80.00 fat to a set 618-Inch Iron rod with an aluminum cap; 42) THENCE N 310 47' 08' iE, across said Kellum tract, a distance of 280.00 feet to a at 5184neh Iron rod with an aluminum cap; (3) THENCE S 580 12' 52' E, a distance of 80.00 feet to a set 6184nch Iron rod with an aluminum cap: 141 THENCE S 310 47'00" W, a distance of 280.00 fat to the POINT OF BEGINNING ar.d containing 0.614 acres, or 22,400 square feet of lend, more or less, (cp John F. Wilder, R.P.L.S. Data Texas No. 4285 • f ~ qFO~ I ~ o • { OHN F. WILDER ..J 0111166466 0 `ale 4 05 ~ gR4, ~ ?NMJIN 15 , - ---may 25x~❑ 32X10 ' O Tasar Depmrtia of Trae.portaam EXHIBIT "B" Fom D•15.31 Pays I of 3 Rev. 9191 Drainage Easement for Highway Purposes THE STATE OF TEXAS } COUNTY OF } } KNOW ALL MEN BY THESE PRESENTS: That, of the County of , State of Texas, hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of ' Dollars -)to Grantors in hand j paid by the State of Texas, acting by and through the Texas Transportation Commimlom receipt of which ts hereby acknowledged, and for which no lien is retained, either expressed or implied, do by these presents Grant, Barggain, Sell and Convey unto the State of Texas an easement in, along, upon and across the property which is situ aced in the County of , State of Texas, which is more pantculariy described in Exhibit "A," which is attached hereto and incorporated herein for any and all purposes. This easement conveyed herein it for the purpose of opening, constructing and maintaining apermanent channel it drainage easement in, along, u and across said premises described in Exhibit "A" together with th right and privilege at all runes of the Grantee herein, its agents, employees and representatives of Ingress and egress to and from said premises for the purpose of making any improvements, modifications or repo rs which the State deems necessary. And for the same consideration described above and upon the same conditions, the Grantors have this day granted and conveyed and by these presents do grant and convey unto the State of Texas any and all Im- provements presently existing upon the property described in said Exhibit "A," SAVE and EXCEPT', HOWEVER, it is expressly understood and agreed that Grantors are retaining title to the following improvements Ixated on the aforesaid property, to wit. i Grantors covenant and agree to remove the above described improvements from said load by the day of _ ,19____._ , subject, however, to such extensions of tirr-r as may be granted by the State in writing; and If, for any reason, Grantors fail or refuse to remove $air ; within said period of A time prescribed, then, without any funher consideration, the title to all or any part r 1 such improvements not so removed shall pass to did vest in the State of Texas forever. As a pan of the grant hereby made it is agreed between the parties hereto that any stone, earth, gravel or caliche which may be excavated in the opening, construction or maintenance of said channel or drainage easement may be removed from said premises by the State and utilised in the consuuction and rnalnte- nance of the State hlghway system of Texas. ' 0 A ~ TO HAVE AND TO HOLD the premises dam'bed in Exhibit "A" for said together with all and sinRUlar the rialto, privileges and a~iptutenattcea rbsreto is any manner be> _ unto the State of Texts forever, utdGrantor hereby bind~ itself, its heirs, successors or assign, toWarmt and Forever Defend, all and singular, the said essernent herein conveyed woo the State of Texas, its successors and assigns, r;ainat every person whomsoever lawfully claknin; or to claim the acme or any part thereof, 16 } ) t n}. tY r . w ,r. r Rdf7i ..K. 0'^•iu, j I J 2 y '~i,~►r.,_~'' rid ~ a I, P. ~1 s 0 U4,.Y# Texas DepL=ens of Trseepantion - Pam D-13-31 Pep 1 of 9 Rev. 9/91 IN WITNESS WHEREOF, this instrument is executed on this the day of k~ f , arrrlara•raar•alaaaarareaarrarrararrarraarrraraaralrarrrrrrralrrarraaarraaeraa«a«««. ' ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF , BEFORE ME, the uo&rsiaoed, a Notary Public, as this day personally appeared !<nowo to me (or pro ve4 to me our the oath of , a credible witness,) to be the person(s) abose name(s) is (stn) aubsetibed to the forepiog iutrumera and admowledied to me that be/sb0hey eaecued the same for the purposes ad consideration tbasic eapnued. MEN UNDER MY HAND AND SEAL OF OFFICE, this tiny of 19_ . Navy Pubiie, Srne DI Texas ' My Commission espies m awe day of ar1l4aar!!lNalaarNgrarlrrtararrar/lraartla!lrJra~aaaaagaarrrlraalralerrarlrr!►e• CORPORATE ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF BEFORE W the ontienflud, a Notary Pubtlc, on Wi day personalty appeared of , known to y me to be the person and ofScer wbose unto is rubscAbed to the fore{oiat hutsumeol and ad;nowledoed to ono the the same wu the as of the saw , a corporatiom, tbat behhe wu duly authorized to perfomm the same by appropriate resolution of the bond of directors of such cogwWom surd to be/she exemwd rhf same as the ad of m ch cogwradom for the p upow surd censWeradoo herein eapresaed, and in do esymeity thrreim acted anmi UNDER MY HAND AND SEAL OF Omcs, this _ day of Nes w7 P", & ate Df Taw p My Commission expires on the day of 17 , ter,: ~.0~ 32XIO r' f . • 1. 1 Parcel No., Q 0yy ounty 'f4 trf Highway No. " p Control Sec. Job 14 Account or Federal No. sa ti r' From. To; DRAINAGE EASEMENT FOR HIGHWAY PURPOSES I THE STATE OF TEXAS AUSMN, TEXAS B • O Free for Record This { day of n A.D. i9_1+t o'clock M, This day of Recorded 1 AD. 19_, in ' County, Texas, Records of Deeds, Book Page r+11/ Other By Comy Clerk Do" a .,al 75 Q 32 x f C~ C, r o 1 s~ Agcida iten__ Date AGENDA INFORMATION SHEET AGENDA DATE: October 6,1998 DEPARTMENT: Engineering & Transportation CM/DCM/ACM: Rick Svebla, Deputy City Manager SUBJEC3' CONSIDER AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE CONTRACT WITH RUTH 0. KELLUM ESTATE, BILLY H. F.ELLUM, MARCIA L. KELLUM, MICHAEL W. KELLUM, BARBARA KELLUM REESE, AND ' MARGARET MAYS FOR THE PURCHASE OF 1.185 ACRE OF LAND KNOWN AS PARCEL ? 6B, U.S. HIGHWAY 77, DENTON, DENTON COUNTY, TEXAS FOR THE U. S. HIGHWAY WIDENING PROJECT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND j The above referenced property owners have executed a Real Estate Contract for the required right of way for the U.S. Highway 77 Widening Project. The property is currently vacant pastureland. The contract amount of $46,485.00 represents the fair m arket value as determined by an independent eppraiser and reviewed by a separate appraiser for conformity and as required by The Texas Department Tranrgortation (TX. D.O.T.). The Appraiser and Review Appraiser services were approved by the City Council in 1997 (Professional Services Contracts), t PRIOR ACTIONJ'REVIEW (CouocU. Boards, Commisslonsl The Planning & Zoning Commission recommends approval. FISCAL INFORMATION . The purchase price Is $46,485.00 plus closing cost of approximately $1,500.00. 4 HP l Attached. Respectfully submitted' { 0 Y J ark, D' actor Prepared by: E 'ng Transportation t M ~ Paul Williamson E Right-of-Way Agent t 1 ~ , 1 ~ ` f r ?(5 x 32XI❑ maim 1 1 S r AM" 11 i r W J Q o ~ z LU 3 r ~ ~ f r ~ N 1 ; ,y. 1 i ' 2 5 x o 32 x I O v *ammd o ' 1 t :Im4m ~ r NATHAN WIDE SURVEY 1 •I~~ ABSTRACT 40.1.:7 1. E` u 't h ,M%• WrIMpi MCI K 's11 1J. ar cal Ar . M -Los At \X t r.r ~ I r•r I11r • + ~i ♦ rw•, SLOP we owe ' My X.6u ~ Ir•r T. r n 1 5777 1/ r T 1 ~/S11a s/1 Y ~ mor 4 SITE MAP 3 ,a a 32Xf❑ 0 a Planning and Zoning Minutes July 23, 1997 Page 2 Ms. Scheriz: Are there any other nominations? If there are none, nominations are closed. We will vote on the nominees In the order of their nomination. 1 will list their name and then after I am thn:,gfi if you will raise your right hand if you are in favor. As many as . are in favor of Jh E-.;elbrecht please raise your right hand. (Vote - 3) As many as are in favor of Ellen Scbertz please raise your right hand. (Vote - 4) The new Chair person p by majority is Ellen Ochertz. Thank you. For the second nominee we will be electing Vice-Chair person. The floor is open. F Ms. Apple: I would like to nominate Bob Powell. x Ms. Schertz: Are there any further nominations? Mr. Moreno: I would nominate Jim Engelbreche. Ms. Schertz: Are there any further nominations? Seeing none, nominations are closed. As many as are In favor of Bob Powell, please raise your right hand. (Vote - 4) Seeing there is a majority, the new Vice-Chair person will be Bob Powell. Congratulations. M. Consider approval of the minutes of the July 9, 1997 meeting. Ms. Schertz: Are there any corrections? Seeing none, the minutes will stand approved as written. IV. Consider making recommendation to the City Council for the acquisition of the Right-of- I Way for U.S. 377 from F.M. 2164 to I-35. f Mr. Powell: That's not 377 but is 77. Ms. Schertz: You are correct. Let the minutes reflect that Mr. Powell: I would move that we recommend to the City Council the acquisition of Right-of-Way for US 77 from FM 2164 to 1.35. Ms.Oanzer: Second. Ms. Schein: Is there any discussion? All In favor, please raise your right hand. Modon passes. (7-0) V. Consider making recommendation to the City Council for the acquisition of the Right-0f- Way for Lakeview Boulevard. p Mr. Powell: I move that we make recommendation to the City Council for the acquisition of the Right-of-Way for Lakeview Boulevard. .Mr. Engelbrecht: Second. 4 9 32XI❑ s o o ORDINANCE NO. t AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE CONTRACT WITH THE RUTH G. KELLUM ESTATE BILLY H. KELLUM, MARCIA L. KELLUM, MICHAEL W. KELLUM, BARBARA KELLUM REESE, AND MARGARET MAYS r FOR THE PURCHASE OF APPROXIMATELY 1.185 ACRE TRACT OF LAND KNOWN AS PARCEL NO. 6B, U.S. HIGHWAY 77, DENTON, DENTON COUNTY, TEXAS FOR THE U.S. HIGHWAY WIDENING PROJECT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND DECLARING AN EFFECTIVE DATE. t THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: j SEIMON j. That the City Manager is hereby authorized to execute a Real Estate Contract with the Ruth G. Kellum Estate, Billy H. Kellum, Marcia L. Kellum, Michael W. Kellum, Barbara Kellum Reese, and Margaret Mays for the purchase of approximately 1.185 acres of land {mown as Parcel No. 6B, U.S. Highway 77, Denton, Denton County, Texas for the U.S. Highway Widening ; Project, a copy of which is attached hereto and incorporated by reference herein. SEaIQN 11. That the City Council hereby authorizes the expenditure of funds in the manner and amount as specified in the agreement SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 11998, { J JACK MILLER, MAYOR { ATTEST: JENNIFER WALTERS, CITY SECRETARY t lk BY: ~ APPROVED AS TO LEGAL FORM: r HERBERT L. PROUTY, CITY ATTORNEY j BY:~=c O • IVNA I.EDWTLCL'd prr~vAAnnc~'Mi,n,.m NvJnnd /u I' 5 a 0 O 1 REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON I , I THIS CONTRACT OF SALE is made by and between Ruth G. Kellum Estate, Hilly H. Kellum, Marcia L. Kellum, Michael W. Kellum, Barbara Kellum Reese and Margaret Mays (hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton County, Texas, (hereinafter referred to as "Purchaser"), upon the terms and conditions set forth herein. PURCHASE AND SALE { Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for all that certain tract, lot or parcel of land described in Exhibit "A" attached with all j rights and appurtenances pertaining to the said property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such real prop- erty, rights, and appurtenances being hereinafter referred to as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions hereinafter set forth. Seller shall pay all cost for the removal, installation, construction, reinstallation, reconstruction, labor and materials for any and/or improvements located within the property described in Exhibit W. Any improvements not removed by January 1, 1999 shall become property of the City of Denton, Texas. Seller shall be allowed to construct four (4) drive approaches along Bonnie Brae as illustrated on Exhibit "C" attached hereto. PURCHASE PRICE 1. Amount of Purchase Price. The purchase price for the Property shall be the sum of 46,485.00. nt + 2. Pa ent of Purchase Price. The full amount of the Purchase Price shall a payable in cash it the closing. PURCHASER'S OBLIGATIONS I, The obligations of Purchaser hereunder to consummate the I transactions contemplated hereby are subject to the satisfaction i of each of the following conditions any of which may be waived in O • whole or in part by Purchaser at or prior to the closing. •r ~ 32XIO I. Preliminary Title Report. Within twenty (20) days after the date hereof, Seller, at Seller's sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue a owners policy commitment (the "Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc-, affecting the Property. Purchaser shall give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Commitment that the condition of title as set forth in the Commitment is or is not satisfactory. In the event Purchaser states the condition of title is not satisfactory, Seller shall, at Seller's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, this Agreement shall thereupon be null and void for all purposes; therwiseo this condition shall be deemed to be acceptable and any objection thereto stall be deemed to have been waived for all purposes. 2. Survey. Purchaser may, at Purchaser's sole cost and expense, obtain a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser. The survey shall be staked on the ground, and shall show the location of all Improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of- way ork or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property am shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. Purchaser will have ten (10) days after receipt of the survey 1J1 to review and approve the survey. In the event the survey is unacceptable, then Purchaser shall within the ten (10) day period, give Seller written notice of this fact. Seller shall, at Seller's option, promptly undertake to eliminate or modify the unacceptable portions of the survey to the reasonable satisfaction of Purchaser. In the event Seiler is unable to do so within ten (10) days after receipt of written notice, Purchaser may terminate this Agreement, and the Agreement shall thereupon be null and void for all purposes and the Escrow • Deposit shall be returned by the Title Company to Purchaser. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the survey. 3. Seller's Compliance. Seller shall have performed, ob- served, and complied with all of the covenants, agreements, and conditions required by this Agreement to no perfoza.+d, observed, • and complied with by Seller prior to or as of the closing. ; , O • 1 AF.EaoaFE PAU 2 i i 1 C o REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller 'n Purchaser also as of the clusing date: 1. Except for an oral agricultural rental agreement, there are no parties in possession of any portion of the Property as tenants at sufferance, trespassers or other parties. Seller warrants that the tenant and/or his livestock will be removed no later than 30 days from the date of closing. 2. Except for the prior actions of Purchaser, there is no j pending or threatened condemnation or similar proceeding or assessment or suit, affecting title to the Property, or any part thereof, nor to the best knowledge and belief of Seller is any such proceeding or assessment contemplated by any governmental authority. 3. Seller has complied with all applicable laws, ordinances, regulations, stat.1tes, rules and restrictions relating to the Property, or any part thereof. 4. To the best of the seller's knowledge, there are no tcxi.: or hazardous wastes or materials on or within the Property. Such toxic or hazardous wastes or :.:aterials il,clude, but are not limited to, hazardous materials or wastes as same are defined by the Resource Conservation and Recovery Acc (RCRA), as amended, and the Comprehensive Environmental Rasyonse Compensation and Liability Act (CERCLA), as amended. CLOSING The closing shall be held at the of.ice of Dentex Title Company on or befc..e November 30, 1998, or at such title company, time, date, and place as Seller and Purchaser may mutually agree upon (which date is herein referred to as the "closing date"). CLOSING REQUIREMENTS 0 1. Seller's Requirements. At the closing Seller shall: ( A. Deliver to State of Texas, acting by and throt+gh the Texas Transportation Commission a duly executed and acknowledged Deed in the form as attached hereto as Exhibit "8" conveying good and marketable title to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessraents, and 1 restrictf,)ns, except for the follo'ring: AZE008re FASE 3 8 3 2 X I O Pw ' e %mum 0 i i. General real estate taxes for the year of closing and subsequent years not yet due and payable; II 2. Any exceptions approved by Purchaser I pursuant to Purchaser's obligations here- of; and 3. Any exceptions approved by Purchaser in writing. B. Deliver to Purchaser a Texas Owner's Policy of Title insurance at Purchaser's sole expense, issued by Dentex Title Company, Denton, Texas, (the "Title Company"), or such ti '61e company as Seller and Purchaser may mutually agree upon, in Purchaser's favor in the full amount of the purchase price, insuring fee simple title for the state of Texas to the Property subject only to those title exceptions listed in Closing Requirements hereof, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas owner's Policy of Title Insurance, provided, however: 1. The boundary and survey exceptions shall be deleted if required ':y Purchaser and if so required, the costs associated with same shall be borne by Purchaser; 2. The exception as to restrictive cove- nants shall be endorsed "None of Record"; 3. The exception for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable"; and 4. The exception as to liens encumbering the E Property shall be endorsed "None of Record". C. Deliver to Purchaser possession of the Property on i • the day of closing. I 2. Purchaser's Requicements. Purchaser shall pay the consideration as referenced-U the "Purchase Price" section of , this contract at Closing in immediately available funds. AEL008TE PAM 4 9 _ __fY~ r ^5 x 1~ 32xI❑ i I 1 aeaa,nr 3. Closing Costs. Taxes for the current year will be prorated through the closing date. Rollback taxes , if any, will be paid by Purchaser. All other costs and expenses of closing in consummating the sale and purchase of the Property not specifically allocated herein shall be paid by Purchaser. REAL ESTATE COMMISSION All obligations of the Purchaser or Seller for payment of Brokers fees are contained in separate written agreements. j BREACH BY SELLER In the event Seiler shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property except Purchaser's default, Purchaser may either enforce specific performance of this Agreement or terminate this Agreement by written notice delivered to seller. BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth„ in PURCHASER'S OBLIGATIONS having been satisfied and Purchaser being in default Seller may either enforce specific performance of this Agreement, or terminate this Agreement by written notice delivered to purchaser. MISCELLANEOUS 1. As~sioent of Agreement. This Agreement may not be assigned by Purchaser without the express written consent of seller. 2. Survival of Covenants. Any of the representations, war- ranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. • 3. Notice. Any notice required or permitted to be delivered hereunder Shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party. A6EOOerE PAGS s 10 . . A ; emr~. tD ,wex+n , 4. Texas Law to Apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. i 5. Parties Bound. This Agreement shall be binding upon and inure to the benef t of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement. 6. Legal Construction. In case any one or more of the pro- visions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said in- f validity, illegality, or unenforceability sha11 not affect any other provision hereof, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. r 7, Prior Agreements Superseded. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. I 8. Time of Essence. Time is of the essence in this Agreement. 9. Gender. Words of any gender used in this Agreement shall be held And construed to include any other gander, and words in the singular number shall be held to include tl,e plural, and vice versa, unless the context requires otherwise. 10. Memorandum of Coi,tracr,• rr„on request of either party, both parties shall promptly execute a memorandum of this Agreement suitable for filing of record. 11. Compliance. In accordance with the requirements of the Texas Rea Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. 12. Time Limit. In the event a fully executed copy of this Agreement has not been returned to Purchaser within ten (10) days after Purchaser executce this Agreoment and delivers same to ' Seller, Purchaser shall have the right to terminate this Agreement upon written notice to Seller. ~ A A AEE008fE F= 6 11 t, Iri 32X e _ MAO" o s oar,. 13. Condemnation. It is agreed that this is a sale and parchase ofland considered under threat of condemnation. City of Denton would condemn the property for road purposes if the parties hereto had not agreed as to the terms of sale. DATED this day of , 1998. SELLER: u PURCHASER: Ruth G. Kellum Estate THE CITY OF DENTON, TEXAS BY: ~V • ~~iG. BY., Billy Kellum individually and as the Executor to the Ruth City Manager G. Kellum Estate 215 E. McKinney ~Q Denton,Texas 76201 Marcia L Michael N. //Kellum Barbara Kellum Reese Marge t Ma a STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this L([_~ day of 1998 by Hilly H. Kellum individually and as i' Executor to the Ruth G. Kellum Estate. Note y a in atiafor the state of Taxes • i 0 . A"009FE rAas 7 12 - 4= 25 K 32x❑ • • . r } 'I I STATE OF TEXAS COUNTY OF DENTON This i strumlent is acknowledged before me, on this day of 1998 by Marcia L. Kellum. j Notaiy.P lic in and- or the State of Texas STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this N day of r 1998 by Michael N. Kellum. , L 'ONYA L. MORRtd L I7 9M1M Kota Public in and or the Rate of Texas STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this.16 day of 1998 by Barbara Kellum Reese. L L; , r1y~j Not y Public nn n the State TOM-( LIVA „tntr'' STATE OF TEXAS COUNTY OF DENTON Thi. instrument is acknowledged before me, on this 11114 day of • ~~~G,,,G.~ , 1998 by Margaret Mays. c1le, ~~J',?ft Notary P is in and~oi the State of Texas '~91► AEEOOM PAGE e 13 tififM z ~ x 10 Ia 3zx r , ~soon" . r; • O' G r! t 1 A . ir. f . _ r . ri 2.... 1N•Ai!19'M1R .r Ff1MYV V1rxM.♦ r•I.1xwxM1x.r rrrr x.fr ~ • STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this day of by , City HManager, of t e C ty of Denton, a nun c pa corporation, own to me to be I , the person and officer whose name is subscribed to the foregoing 4 instrument and acknowledged to me that the same was the act of the said City of Denton, Texas, a municipal corporation, that be I was duly authorized to perform the same by appropriate ordinance of the City Council of the City of Denton and that he executed the same as the act of the said City for purposes and consideration therein expressed, and in the capacity therein stated. h Notary Public in an or the State of Texas " n , T A"001 M PAN 9 t s rx i..1i, 1 ~ r. 14 7 aRn ,Y. 12 0 r) 32XI0 A a:eases . O , ' i seaexat EXHIBIT 'A' ' County Denton Page 1 0t Highway U.S. 77 Project Umits: From I.H. 35 Rev, February, 9, toe To U.S.360 CSJ. 0195-02- Accouric FIELD NOTES FOR PARCEL 88 BEING A PARCEL OF LAND SITUATED IA A CALLED 125-ACRE PARCEL OF LAND CONVEYED TO BARBAR, KELLUM, ET AL, RECORDED IN VOLUME 948, PAGE 283, DEED RECORDS DENTON COUNTY, TEXA! (ORDCT), AND BEING SITUATED IN THE NATHAN WADE SURVEY, ABSTRACT NO. 1407, CITY OF OENT0% DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBE) AS FOLLOWS: COMMENCING for reference at a found brass monument being a point on the south right of way fine Q. Loop 288 la variable width right of way!; THENCE S 36.02' 30' W. along the South right of way One of Loop 288, a distance of 32.82 fan to a sat 5; 8. Inch iron rod with an a!um!num cap being the POINT OF BEGINNING, some being a point on the now north rign: of way line of U.S. 77; 111 THENCE S 686 11' 38' E, with the new north right of way line of U.S. 77, a dtatanea of 348.14 feet to a set 518dnch iron rod with an aluminum cap for the southwesterly cutback corner of the new Bonnie Brae Road right of woy; 121 THENCE N 78' 48' 52' E. a distance of 60.00 feet to a sat 518-Inch iron rod with on aluminum cap for the northwesterly cutback comer of the new Bonnie Brae Road right of way; (3) THENCE N 31' 48' 52' E, with the new west right of way line of Bonnie Brae Road, a distance of 464.93 feet to a sat 518-inch iron rod with an slumlmum cap being In the South One of said Loop 288; 14) THENCE N 854 65' 18' E, along the south line of loop 288, a distance of 38.54 feet to a set 120d nail with shiner, same being in the existing west right of way One of said Bonnie Brae Road; 151 THENCE S 001 20' 08' W, akng the existing watt line of said Bonnie Bra Road, a distance of 57.55 feet to a mot 120d nail Wth shiner In th-) new Seat right of way One of Bonnie Brea Road, i8) THENCE S 310 48' 52' W, with the now east right of way line of Bonnie Brae Road, a distance of 437.45 feet to a set 518-Iri iron rod with an aluminum cep for the northeast" cutback corner to the new north right of way One of U.S. 77; (7) THENCE S 13' 11'08* E, with said cut back One , a distance of 60,00 feet to a set 518-inch lion nod with an aluminum cap being In the now north right of way line of U.S. 77; A 181 THENCE S 68• 11' 36' with the now north right of way lima of U.S. 77, a distance of 169.40 feet to a set 5184nch Iron n,d with an aluminum cap; fSl THENCE N 31' 48' 24' E, with the now north right of way line of U.S. 77, a distance of 16.00 feet to a set 5/84nch iron rod with an Mun inum cap; (101 THENCE S 68' 11' 38' E, with the new north right of way One of U.S. 77, a distance of 76,54 feet to a 5184nch Iron rod with in aluminum cap sat in the existing wen right of way One of said Bonnie Brae Road; 0 !a) rN 15 32 X • ,a.aer of EXHIBIT W I County Denton Pepe 2 c4 Highway U.S. 77 Project limits: From LH. 36 Rev, February 9, 19:: To U.S.380 CSJ: 0195-02- Aocoumt: FIELD NOTES FOR PARCEL 88 i (11) THENCE S 00' 20' 08' W, Along the existing west line of Wd Bonnie &as Road, a disumce 47.29 feet to a fence owner for tM southetst comer of said Kellum tract, and being in ;he existing north right of way One of U.S. 77; (12) THENCE N 58' 13' 55' W, with the south tine of said Kellum tract and the existing north right way line of U.S. 77, a distance of 747.92 feet to a point on the south right of way line cf r; Loop 288; (131 THENCE N 36' 02' 30' E, along the south One of Loop 288, a distance of 25.84 feat to -ha POINT OF BEGINNING and conalning 1.165 acres, at 61,699 square feet of land, more or lets. f ' i Thomas illiem Meuk i' - Dets Texas No. 5119 tiQ` G Ot t ~T1+ y~4 4~ y~ I 1110MAS 'MIL'AN MAUK r * 5119 S~RN~ " 4 nrattn 16 25)(Ir 32 c~j 0 d r=gon.a„ air ^n" Twe Deputmem Pam D•1!•u POP t at i Rov, 9191 DEED THE STATE OF TEXAS } COUNTY OF SNOW ALL MEN BY THESE PRESENTS: I That i i of the County of , Shoe of Texas, beretnalter refimed to a Grantors, ',rhether 1 one or more, for aril im cottmidetadom of the sum of Dollar ) to Grantors In hand paid by the State of Texas, acdng~y and tbrough the Texas 'llf"Pomdon Commission, realpt of which Is hereby at9mawledged, and for which no no G rvubmA either supessed or lmplEed, have rbls day 3a1d and by these do Grant, Bawhk Sell and Canvey unto the State of Texas all that grain tract or pure! of land le ry Texan, more pardcdady described In Ex- brbit "which fa attached hereto aril ImC0lparated for any and all purposes. SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retaining ddt to the following improvements located on the property described In said Exhibit "A," to wit: Grantors cos errant and agree to remove the above4escribed Improvements Gam said land by the dry of ,19_,,, , subject, howem, to such extensions o[ time as may be granted 111 by the State in writing; and if, for arty reason, Greaten fall or refbw to remove arrr wWnitt said period of time prescribed, then, without any lirrttner eontkkntion, the tide to all or any put of arch lmproveawts not so removed shall pass to mod vest in the State of Texas forever. Grantors reserve III of the oil, gat and sulphur In and under the land herein conveyed but waive &V sights of Ingress and egress to the surface thereof for the se of exploring, devil , mining or dnll n for same however, , , , nothing in this raervmdon a, mi! aJyea the Nile and righa o[tlte Swe to Was and use au other minerals and materials thereon, therein sa4 tlreretutder. J+r 32X 5 x I a 10 4 A i 0 l 04afi'N Team Department or Taanpamoon Poem D•17•It Pep 2 of 3 Ilse. 9/91 I TO HAVE AND TO HOLD the premises herein desen'bed and herein conveyed together with sU and sinoar the ri~~hutts and appurtenances thereto in any wise Wongins unto the State of on and:ts assigrs forever, and drmtors do hereby bind oureeives, out heirs, executors, adminiaaaton, successors and as- signs to Warrant and Forever Defend all and singular the sdd poses herein conveyed unto the State of Texas and its assigns against every person whomsoever lawfully claiming or to claim she same or any par. thereof. IN WITNESS WHEREOF, this irtsaoment is tuwxed on this the day of ,19 1 M ►fr1//r/1♦IIIIIIf!!r!1!lr11►rl►rlH►rN♦HIIr/r►r♦N!1!!►!/!!rlfl!!1lrrrlr11►1►IeMe• THE STATE OF TEXAS, ACKNOWLEDGMENT COUNTY OF BEFORE ME, the uodenipsed, a Noary Public, m thin day penny appeared L,nm to me (ot ptneed to me m the oatb of , a enNble witoea.) lu be the penoo(s) whose dune(s) Is (sae) tubsas'bed to the fosepios brsanment and WkDowtedjW to me that bthheltbey exeeutod the same for the ptupotea and eoodderatim therdo bTmued. GIVEN UNDER MY HAND AND SEAL OP OFFICE, dds day of t9^ . Hoary Public, Stan of Team ►ty (brauriadoo aware oa the Vy d ,19_,x, I r♦//rrr11r11rr/rurrrlrr11r1lr/1lrrrlr►►rr►rrrrrur►►►►lrwrurrrlr►►rrrrlr►►rsra., THE STATE OF TEXASCORPORATE ACKNOWLEDGMENT , COUNTY OF BEMRE ME, the undersigned, a Notary Publie, m &W day ponowny qpeuw of known lo A me to be the persoo and officer whose ttaax is sobsrdbed to the fottegdcj moM02M am udtmwhtdpA to me for IN same was the as of the said , a CoTorado% that he/aW wm ddy audsodred io perform 0e ama by appropdate mmkdm of dw bond atdbeaon of such eotpoeedoo sod that hoW acauoed the two u the ad of" cotptxadoo toe dr porpoaer and woMaeowo dodo ertptesaed, and is d w apadq thaeio gated. 01VEN UNDER MY HAND AND SEAL oP OFPICB, cm dry of ,19~ . i Q Navy Mac, lme •d Tam Hy ConudWm eapiuea on do ~ day of 19w , 18 - F x Ira 32XIn r~ arras 0 E` " s sawn. , 1 ' i "Parcel No. o~. W~ I OM d1 Highway No. Control Sec. Iob tt Account or FedorA No. From To; , DEED O m +a THB STATE OP MAS }3 B AUSTIN, TflXAS " 0 F1144 for llecera Thlt _ day of n A.D. 19_,_,_ , it o clock Recrrfel F-''' TiJa day o! _ ~ A.D.19r ,In~ 1 Countyl Tern, Reem& ofDRA Book Ocher P By rya ant i Rf s „ . ~a E 2y 4 i 9 ' r ua.+rc,m 0 i i ~ ',,:runAa , If ~ I r~fr, NATHAN WADE su ABSTRACT NO. 14{ •;r;fr. bR, 7 `r` F? a d r1 (ELLUM, ET AL ir;f! 7 tbt~ -3~ OR 1.157 AC. ,ti r'f`•~• . L b~ V V Ffff. 5 i REV. • }.558 AC. Q fF:rh f,'ff $441.141 Ar -Fa Ir, 'rfF '~1 Lam. a YsL nalr ~rF'~:'': rr'rr iF'~ ,~?f{'f f r'' N'■ j ?;r~f : ir; f f rF fr r rf f'/ '/i 'off .f r r~i • r F ~r , r .,T 0 'L' f ,ff : /'f f ~.r~rF~ •'r'r' ~ r f r fr• ',1 'F f/ r f f`i f : f F,~n f, ~ r ff .rr.rr~Ff/F ~ / f. frµ~~~f.•F•r~!/ f rf ~.r / ! frfr i rF!/~.t'f:~r~•`fJTr rr•r~: 1"I./f.••r .•~'~r F i rff ' ~'fY; FF•rffs ~'r`rr~~F'rrffjFfA'~,fr~~ /r i~~ IA • • ~111~, M 20 ;f, 4 ) , I ["1 3 2 X ~ 0 ' wrKw , O 'i c . mnww , Agenda No Agenda Ilem Dale- AGENDA INFORMATION SHEET AGENDA DATEt October 6, IM DEPARTMENTS Englu ering&Transportatlon CMIDCNVACM: Ricr ehis, Deputy City Maoagerl SUBJE S CONSIDER AN ORDINANCE APPROVING A REAL ESTATE L'ONTRACT BETWEEN THE CITY CSI' DENTON AND I-1 BRA JOHNSON, TRUSTEE OF THE HAZEL K. KING LAND TRUST, RELATING TO THE PURCHASE OF 0.141 ACRE OF LAND FOR THE EXPANSION r OF U.S. HIGHWAY 77 (PARCEL 7); AUTHO!'_IZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFEc'TiVE DATE. BACKGROUND Debra lohnson, Trustee of the Haul K. King Land Trust, has executed a Real Estate Contract for the required right of way for the U.S. Highway 77 Widening Project. The property is currently vacant pastureland. The contract amount of $6000.00 represents the fair market value as determined by an independent appraiser and reviewed by a separate appraiser for conformity and as required by The Texas Department Transportation (TX. D.O.T.). The Appraiser and Review Appraiser services were approved by the City Council In 1997 (Professional Services Contracts). dw Comtphuloasl PRIOR ACTIONIREVIEW_(Couecll, Boar The Planning A Zoning Commission recommends approval FISCAL INFORMATION r i The purchase price is $6000.00 plus closing cost of approximately S50L 00. a MAP i Attached. Respectfully submitted: I ! Je lark, rector ! ! y J ed by: E 'ng Transportation pre u a, r Paul Williamson v " Right•of•Wsy Agent 1111 IF ,~`4 32X 0 w , i M ' NO SCALE M~ j • U.S. M .rM Loop 1#0 i I a u q Y , r ^ _ + 0 A 1 Z - 25,(A0 32xI❑ ~r~~.fMr1r~11R1~4YU.,•,. i I ,aaswa r C ` 1 f r 'Ti'p ('7~ y r•r~, ulr~: , r`i~~+ ! r:!/^rrr r/ rrr. i r :::/r r W.l~~. . i r r 1 r / r JJ pApF61gR: ~ yA1: r IYSri - ,'1'h'~w~+~-` ~ w nir c rrf; ....r.rrr r r r r : r{ Ny.:li! !r r. , / '!r.~ r ~r..~+'.ice ,"~t''+:4.:~r'{~(f' r r. r,. r:li ii.'!r".{ii ~rr~~/!/r t~.' p 4 It" ' • 0767lf. 0k 0,51 AC. ~6 U.S. T7 FDI, " 3.E19 AC. tr. 'i I ~ 1 ~r 1 y* 4 + ~ •r, 1 1 i~ IVY SITE MAP 3 w r' °t A 7 i , :.z~row 0 4 NO W.'% Planning and Zoning Minutes I July 23, 1997 Page 2 Ms. Schanz: Are there any other nominations? If tt.re are none, nominations are closed, E We will vote on the nominees in the order of their nomination. I will list their name and then after I am through if you will raise your right hand If you are In favor, As many as , are in favor of Jim P,ngelbrecht please raise your right hand. (Vote - 3) As many as are in favor of Ellen Schertz please raise your right hand. (Vote - 4) The new Chair person by majority is Ellen Schanz. Thank you. For the second nominee we will be electing Vice-Chair person. The floor is open. Ms. Apple: I would like to nominate Bob Powell. Ms. Schanz: Are them any further w. minations? Mr, Morero: I would nominate Jim Engelbrecht. Ms, Scbertz. Are there any further nominations? Seeing none, nominations are closed. As many as are in favor of Bob Powell, please raise your right hand, (Vote - 4) Seeing there is a majority, the new Vice-Chair person will be Bob Powell, Congratulations. III. Consider approval of the minutes of the July 9, 1997 meeting. Ms. Schertz: Are there any correction? Seeing none, the minutes will stand approved as written. IV, Consider making recommendation to the City Council for the acquisition of the Right-of. Way for U.S. 377 from F.M. 2164 to I.35. Mr. Powell: That's not 377 but is 77. Ms. Schatz: You are correct. Let the minutes reflect that. Mr. Powell: 1 would move that we recommend to the City Council the acquisition of Rigbt-of-Way for US 77 from FM 2164 to 1.35. 1 0 Ms. Gamer: Second. i Ms. Schanz: Is there any discussion? All in favor, please raise your right hand. Motion passes. (7•0) V. Consider making recommeodation to the City Council for the acquisition of the Rigbt-of- , Way for Lakeview Boulevard. i Mr. Powell; 1 move that we make recommendation to the City Council for the acquisition of the Right-of-Way for Lakeview Boulevard, .Mr. Engelbrecht: Second. z 2 5 x I El 32 I o 0 M 'I INRIDDVfLIIQ, LMUU Wid~w~,1FMwMnM.Y , ORDINANCE NO. AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND DEBRA JOHNSON (MORGAN), TRUSTEE OF THE HAZEL K. KING LAND TRUST, RELATING TO THE PURCHASE OF 0.141 ACRES OF LAND FOR THE EXPANSION OF U. S. HIGHWAY 77 (PARCEL 7); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DA rE, THE COUNCIL OF THE. CITY OF DENTON, TEXAS HEREBY ORDAINS: $E_QTION I. That the City Manager is hereby authorized to execute a Real Estate Contract between the City and Debra,lohnson (Morgan), in substantially the form of the Real Estate Contract which is attached to and made a part of this ordinance for all purposes, for the purchase of 0.041 acres of land for the expansion of U. S. Highway 77 (Parcel 7). SECTION IL That the City Manager is authorized to make the expenditures as set forth in the attached Real Estate Contract. SECTION Ill. That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of .1998. JACK MILLER, MAYUR ATTEST: JENNIFER WALTERS. CITY SECRETARY Y BY: y _ APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTOPNEY :Ylc S 11 R . P X32 X I O o i wcxa~ U ' REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by and between Debra Johnson (Morgan), Trustee of The Hazel K. King Land Trust (hereinafter referred to as "Seller") and CITY OF DENTON# TEXAS, a home rule municipality, of Denton, Denton County, Texas, (hereinafter referred to as "Purchaser"', upon the terms and conditions set forth herein. PURCHASE AND SALE Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for all that certain tract, lot or parcel of land described in Exhibit "A" attached with all rights and appurtenances pertaining to the said property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such real prop- erty, rights, and appurtenances being hereinafter referred to as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions hereinafter set forth. Seller shall pay all cost for the removal, installation, construction, reinstallation, reconstruction, labor and materials for any and/or improvements located within the property described in Exhibit "A". Any improvements not removed by January 1, 1999 shall become property of the City of Denton, Texas. PURCHASE PRICE 1. Amount of Purchase Price. The purchase price for the Property shall be the sum of $6000.00. I . 2. Payment of Purchase Price. The full amount of the Purchase Price shall be payable in cash at the closing. Illl PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction „ i of each of the following conditions any of which may be waived in whole or in part by Purchaser at or prior to the closing. O A 6 - 4 ~P 3 2 X I L.+~ e ' 0 1. Preliminary Title Report. within twenty (20) days after the date hereof, Seller, at Seller's sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue a owners policy commitment (the "Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser shat give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Commitment that the condition of title as set forth in the Commitment is or is not oatisfactory. In the event Purchaser states the condition of title is not satisfactory, Seller shall, at Seller's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days, after receipt of written notice, this Agreement shall thereupon be null and void for all purposes) otherwise, this condition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. 2. Survey. Purchaser may, at Purchaser's sole cost and expense, obtain a curcent survey of the Property, prepared by a d:ly licensed Texas land surveyor acceptable to Purchaser. The survey shall be staked on she ground, and shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of- way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. Purchaser will have ten (10) days after receipt of the survey to review and approve the survey. In the event the survey is unacceptable, then Purchaser shall within the ten- (10) day period, give Seller written notice of this fact. Seller shall, at Seller's option, promptly undertake to eliminate or modify the unacceptable portions of the survey to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, Purchaser may terminate this Agreement, and the Agreement shall thereupon be mail and void for all purposes and the Escrow Deposit shall be returned by the Title Company to Purchaser. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the survey. 3. Seller's Compliance. Seller shall have performed, ob- served, and complied with all of the covenants, agreements, and r conditions required by this Agreement to be performed, observed, and complied with by Seller prior to or as of the closing. AEEGOAPE PAGE 2 7 3 2 X I❑ c ' t REPRESENTATIONS AND WARPJINTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which repyc entations and warranties shall be deemed made by Seller to Purchaser also as of the closing date: f 1. There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, trespassers or other parties. 2. Except for the prior actions of Purchaser, there is no pending or threatened condemnation or similar proceeding or assessment or suit, affecting title to the Property, or any part thereof, nor to the best knowledge and belief of Seller is any such proceeding or assessment contemplated by any governmental authority. 3. Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof. 4. To the best of the seller's knowledge, there are no toxic or hazardous wastes or materials on of within the Property. Such toxic or hazardous wastes or materials inc!ide, but are not limited to, hazardous materials or wastes as same are defined by the Resource Conservation and Recovery Act (RCRA), as amended, and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), as amended. CLOSING The closing shall be held at the office of Dente- Title Company on or before October 30, 1998, or at such title company, time, date, and place as Seller and Purchaser may mutually agree upon (which date is herein referred to as the "closing date"). CLOSING REQUIREMENTS 1. Seller's Requirements. At the closing Seller shall: A. Deli••ar to State of Texas, acting by and through the Texas I ansportation Commission a duly executed and acknowlgrged Deed in the form as attached hereto as Exhibit S" conveying good and marketable title to all of the Prol.rty, free and clear of any and all ltens, encumbrances, condit•iona, easements, assessments, and ~,0} restrictions, except for the following: p AEE00efE PAGE 3 8 y 2~,❑ 32x10 01 s 0 1. General real estate taxea for the year of closing and subsequent years not yet due and payable) 2. Any exceptions approved by Purchaser pursuant to Purchaser's Obligations here- of; and 3. Any exceptions approved by Purchaser in writing. H. Deliver to Purchaser a Texas Owner's Policy of Title Insurance at Purchaser's sole expense, issued by Dentex Title Company, Denton, Texab, (the "Title Company"), or such title company as Seller and Purchaser may mutually agree upon, in Purchaser's favor in the full amount of the purchase price, insuring fee simple title for the State of Texas to the Property subject only to those title exceptions listed in Closing Requirements hereof, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Policy of Title Insurance, provided, however: 1. The boundary and survey exceptions shall be deleted if required by Purchaser and if so required, the costs associated with same shall be borne by Purchaser) 2. The exception as to restrictive cove- na: s shall be endorsed "None of Record") 3. The exception for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable"i and 4. The exception as to liens encumbering the Property shall be endorsed "None of Record". C. Deliver to Purchaser possession of the Property on the day of closing. 2. Purchaser',i Requirements. Purchaser shall pay the ~I consideration as referenced in the "Purchase Price' section of this contract at Closing in immediately available funds. • 3. Closing Costs. Seller shall pay all taxes assessed by any tax collection authority through the date of Closing. AE6006FE PAGE 1 4 '25 - ~ ~ ~ ICJ 32xla D All other costs and expenses of closing in consummating the sale and purchase of the Property not specifically allocated herein shall be paid by Purchaser and Seller. REAL ESTATE COMMISSION Any real estate commissions occasioned by the consummation of this Agreement sh,ll be the sole responsibility of Seller, And Seller agrees to indemnify and hold harmless Purchaser from any and all claims for these commissions. BREACH by SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property except Purchaser's default, Purchaser may either enforce specific performance of this Agreement or terminate this Agreement by written notice delivered to seller. BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the cDnditions to Purchaser's obligations set forth in PURCHASER'S OBLIGATIONS having been satisfied and Purchaser being in default Seller may either enforce specific performance of this Agreement, or terminate this Agreement by written notice delivered to purchaser. MISCELLANEOUS 1. Assignment of Agreement. This Agreement may not be assigned by Purchaser without the express written consent of Seller. 2. Survival of Covenants. Any of the representations, war- ranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. • 3. Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party. • 0 • 4. ^.'exas Law to Apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and "Fooeff FAGS S 10 ~ ~ ~ 1 D 32 X ❑ 0 • all obligations of the parties created hereunder are performab'.e in Denton County, Texas. 5. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement. 6. Legal Construction. In case any one or more of the pro- visions contained n this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said ip. validity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. 7, Prior Agreements Superseded. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 8. Time of Essence. Time is of the essence in this Agreement. 9. Gendor. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 10. Memorandum of Contract. Upon request of either party, both parties shall promptly execute a memorandum of this Agreement suitable for filing of record. ll. Compliance. Ir accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of. Purchaser's own selection. 12. Time Limit. In the event a fully executed copy of this Agreement has not been returned to Purchaser within ten (10) days after Purchaser executes this Agreement and delivers same to Sel- ler, Purchaser shall have the right to terminate this Agreement upon written notice to Seller. , AEEOOOFE PAGE 6 r r s , p i ;mtnro i r DATED this day of , 1998. SELLER J PURCHASER I The Hazel K. King ` THE CITY OF DENTON, TEXAS Len Trust BY Debra hnson, TrusJ City Manager 215 E. McKir-.ey Denton, Texas 76201 STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, oi, this day of^ , 1998 by , City Manager, of the City of Denton, a municipal corporation„ known to me to be the person and officer whose name is suhncribed to the foregoing instrument and acknowledged rn me that the same was the act of the said City of Denton, Texas, a municipal corporation, that he was duly vithorized to perform the same by appropriate ordinance of the City Council of the City of Denton and that ha executed the same as the act of the said City for purposes and consideration therein expressed, and in the capacity therein stated. Notary Public in and for the State of Texas STATE OF TEXAS COUNTY OF DENTON This instruuent is acknowledged before me, on this -day of _ i 1998 by Debra Johnson 340 ' A09E N. Mrnl a, dl p-Pub M Notary lit in and for ia ~.;the State of Texas AEE008TE PAGE 7 12 w, -y' 5 ' ❑ 32x' ❑ A p EXHIBIT'A' County Canton Pape I of I Highway U.S. 77 Project Umlts: From I.H. 3Q Rev. June 30, 1994 To U.S, 360 CSJ: 011119-02a Account: FIELD NOTES FOR PARCEL 2 BEING A PARCEL OF LAND SITUATED IN A CALLED 10-ACRE PARCEL OF LAND CONVEYED TO CECr- A. KING RECORDED IN VOLUME 377, PAGE 70, DEED ACCORDS OENTON COUNTY, TEX,1S (ORDCT), AND BEING SITUATED IN THE NATHAN WADE SURVEY, ABSTRACT 140. 1407, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING for reference it a fence comer of a albs 78.883-som parcel of land (Loop tract, Tract 11, conveyed to Rancho Vista Development Company, mcordud In Volume 2695, Pape 486, DRDCT, and the southo3si comer of a called 17.46-acre parcel of land conveyed to Shaul C. Baruch, Trustee, recorded in Volume 1820, Page 129, DRDCT, and sold point being on the "uth %no of the Alexander White Survey, Abstract No. 1408 and to north fine of the Nathan Wade Survey, Abstract No, 1407; THENCE N 000 27' 33' E. along the east property line of aatcl Baruch tract and a west propo : / line of said Loop tract, Tract 1, a distance of 131.97 feet to a set 518-inch Iron rod with an aluminum cap being a point on the now south right of wai fine of U.S. 77; THENCE S 580 12' 52' E, olony the now south right of way fine of U.S. 77, a dletance of 448.44 feet to a sot 618-inch Iron rod with an aluminum cap, being the POINT OF BEGINNING; III THENCE N 000 65'41" E, along the west line of sold King tract and sort 11no of sold Loop tract, Tract 1, a distance of 22.77 feet to a found 112-inch from rod In the west line of said wing tract, some being a northeast cow., 0 said Loop tract, Tract 1, and being In the existing south right of way fine of U.S. 77; 121 THENCE S 689 20' 12' E, along the existing south right of way fine of U.S. 77, a distance of 309.00 fat to a found 112•Lmch Iron rod in the east fine of sold King trust, some being the northwest comer of a Celled 1.9177•sao parcel of land (Trott Twol cetveyed to Hlflwood Land/Denton Ltd. and recorded In Volume 2470, Page 890, DRDCT; (31 THENCE S 014 07' 11' W, along the east Una of sold King tract and west ' o of sold Hillwood tract, a distance of 23,53 feet to a -at 6/8-Inch Iron rod with an aluminum e .p In the now south right of way Una of U.S. 77; A 141 THENCE N 690 1 V38' W, aith the now south right of way Hoo of U.S. 77, a dia,anea of 92,91 feet to a ter; 5/8-inch Iron rod with an aluminum cap; MI THENCE N 684 112'1525 W, with the new south right of way line of U.S. 71, a distance of 218,41 feat to the POINT OF BEGINNING, and containing 0.141 acre, or 8,151 square feet of lanrl, more or less. /b %>;Q,abl37+r c,.,t4_ / ~ ~ tC Cam- _ t~ p~tP John F. w,Idar, A.P L.S. ' JQ'HN F rLDEA••• Date Taxes No, 4286 'C?426..,..,. auNruv ! 75 ~ 10 32 X I O r 1 17 tr fi t Tons Degmnemof Trengonuioo EXHIBIT "B" Form D. M.14 Pep l or 3 Rev, "I E ' DEED r THE STATE OF TEXAS COUNTY OF KNOW ALL MEN BY THESE PRESENTS: 1 That, e of the County of , State of Texas, hereiniAer referred to as Grantors, whether one or mote, for and in consideration of the sum of i Dollars (s ) to Grantors in hand paid by the Str. • of Texas, acting by and through the Texas Transportation Commission, recelpt of which Is hereby acknowledged, and for which no lien is retained, either expressed or implied, have thfs day Sold wW by these presents do Grant, Bargain, Sell and Convey unto the State of Texas all that certain tract or parcel of land in County, Texas, more particularly dncnlW in Ex- hibit "A," which is attached hereto and incorporated herein for any and aU purposes. SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retaining tide to the following improvements located on the property described In said Exhibit "A," to wit: Grantors covenant and agree to remove the abovadescnbed improvements from said land by the day of ,19_._.. , subject, however, to ouch extensions of tune as maybe granted by the State In writing; and if, for any reason, Grantors fall or refuse to remove carne within said period of time prescribed, then, wuhout any further consideration, the We to aV or any pan of such improvements not so removed shall pass to and vest in the State of Texas forever. Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyer but % .ve all rights of ingress and egress to the surface thereof for the of exploring, developing, raining or drilling for same; however, nothing in this reservation shall ect t',a title and rights of the State to take and use all other minerals and materials thereon, therein and thereunder, • k ® ' 14 4g, 11'r' 32X ^ e 0 , 0 Texas Department of Tnnsponation Form IM54e Page I of S Rey. 9191 TO HAVE AND TO HOLD the premises herein described And herein conveyed together with all and singular the rp' s and appunenances thereto in any wise belonging unto the State of Texas and its assigns forever, and UrMton do 1►ereby bL:d ourselves, our heirs, executors, administrators, successors and as. signs to N'arrard and Forever Defend all and singular the said s herein conveyed unto the State of , Texas and its assigns against every person whomsoever Is% y claiming or to claim the same or any pan thereof, IN WITNESS WHEREOF, this instrument is executed on this the day of ,19 !e!!!!u!!!!►!NHlUat!!•!!!!•!!1!•f!!qe!•!!!!!!!Hl1~411!!!•!!!e!1!!!!ff!!!NN!!• ACKNOWLEDGMENT THE STATE OF TEXAS, } COUNTY OF J BEFORE ME, the undersigned, a Notary Public, on this day personalty appeared _ _ knoao to me (or proved to me on the oath of _ a credible wimcu,) Io be the person(s) wbose oame(s) is (are) subscribed to the foregoing Instnment and wknowiedsed to I e that be/shehbe executed the same for the purposes tad consideration therein expressed. GIVEN UNDER MY BAND AND SEAL OF OFFICE, this A y of 19~ , Notary Public, State of Texas My comnawanexplraan ''t day of ,19_, 4! 1! ! e N e!! a 1!! Mad! H e!! H e R! e! N e!e e e 1ee1! M q! 1I e N 1!! 11!! e e e f ! e 1!!!! CORPORATE ACKNOWLEDGMENT 1 THE STA'I E OF TEXAS, COUNTY OF BEFORE ME, the undersitrsed, a Notary Public. on this day pesronstly appeared Of , known to me to (xe the person and officer wbose nude is sobscribed to the foregoing imn oetst and adnowledged to me dual the saAe { wax the act of the add , s corpondon, that hehbe wu ddy authorized to perform the game by appropriate rewludon of the bond of dlrecton of such corpoeatioo and dart bebbe executed the seine u the r a of A-h corporation for the pwposw and ceoddendon thmid expressed, and to use uPWIty thesda stated. OIVEN UNDER MY HAND AND SEAL OF OFFICIL this day of Notary Few state u Text V My Cootmiasloo expires on the _ day of IS, i 5 0 f(''t1 . C ese~su , o F I . ~..~..r r'..wr..r~.~w.'wwr.w.+.n.n.ww+w~w✓.~wlv.nrNnMNTl.1MYlM Parcel No, q , o s County s 'o Highway No. Control Sec. lob 0. Account or FtderA No. From; DEED o ' THB STATE OF T WW AUSTTN,TBXAS FIkd for Record • Thle day of A.D. 19_- , N ` o dock M Recorded T~ (1ey of , A.D.19- ,In • County, Texas, Records of Deedr, Book • Page Ocher ; By covery cm ~r i 10 0 r i Agenda No lL~~ Agenda Item Dale AGENDA INFORMATION SHEET f AGENDA DATE: October 6,1998 DEPARTMENT: Engineering & Transportation CM1DCM/ACM: Rick Svehis, Deputy City Manager SUBJECT - CONSIDER AN ORDINANCE APPROVING A REAL ESTATE CONMACT BETWEEN THE CITY OF DENTON AND HILLWOOD INVESTMENT, L.P., RELATING TO THE PURCHASE OF 0.164 ACRE OF LAND FOR THE EXPANSION OF U.S. HIGHWAY 77 (PARCEL 8A); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. r BACKGROUNp Michael K. Berry, S.V.P„ Hillwood Development Corporation has executed a Real Estate Contract for the required right of way for the U.S. Highway 77 Widening Projed. The property is currently vacant pastureland. The contract amount of $8146,45 represents the fair market value ra determined by an independent appralsa and reviewed by a separate appraiser for conformity and as required by The Texas Department Transportation (TX. D.O.T.). The Appraiser and Review Appraiser services were approved by the City Council in 1997 (Professional Services Contracts). PRIOR ACTIONIREVIEW [Council BoArdis Commission The Planning & Zoning Commission recommends approval. ACA INFORMATION The purchase price is $8146.45 plus closing cost of approximately $500.00. I• MAP i i Attached. Respectfully submitted. terry a~ , Dire for Prepared by: Engirt ' g & sportation • • Peul` William Right-of-Way Agent .t; wi 10 32X 0 • o n JIf~E1F}F i i ~ I i I i ~ . i NO SCALE i I U.& H!pv4y Loot is$ i V .i. 1• I 2 ' 32 x r S r ~ ~ lS,,~ Pik Ai ( I'IYa v: r ......r. . rr.•... . ~ ' r,'!!r ry r rr'/ •~'r'yr r rte," A ~ / •"r'rr 11~ inn rr' ' r t'• too. r/r r b"m X"/r ~s'R ~y ~ ~ ✓rr q 014 'k N 51'TE MAP k~ x ❑ a+ 5 x 0 32 O 1 1 Planning and Zoning Minutes July 23, 1997 Page 2 Ms. ScLertz: Are there any other nominadons? If there are none, nominations are closed. We will vote on the nominees in the order of their nomination. I will list their name and then after I am through if you will raise your right hand if you arc In favor. As many as are in favor of Jim Engelbrecht please raise your right hand. (Vote - 3) As many as are In favor of Ellen Schertz please raise your right head, (Vote - 4) The new Chair person by majority V Ellen Schein. Thank you. For the second nominee we will be electing Vice-Chair person. The Poor Is open. Ms, Apple: I would like to nominate '-ob Powell. Ms. Schertz: Are there any "er nominations? Mr. Moreno: I would nominate Jim Engelbrecht. Ms. Schertz: Are there any further nominations? Seeing none, nominations are closed. As many as are In favor of Bob Powell, please raise your right hand. (Vote - 4) Seeing there is a majority, the new Vice-Chair person will be Bob Powell, Congratulations, M. Consider approval of the minutes of the July 9, 1997 meeting. Ms. Schertz: Are there any corrections? Seeing none, the minutes will stand approved as written. IV. Consider making recommendation to the City Council for the acquisition of the Right-of. Way for U.S. 377 from F.M, 2164 to I-35. Mr. Powell: That's not 377 but is 77. Ms. Sche• z: You are correct. Let the minutes reflect that. Mr. Powell: I would move that we recommend to the City Council the acquisition of Right-of-Way for US 77 from FM 2164 to 1.35, • Ms.Oanzer; Second. Ms. Schein: Is there any discussion? All In favor, please raise your right hand. Motion passes. (7.0) V. Consider making recommendation to the City Council for the acquisition of the Right-of. Way for Lakeview Boulevard. • • Mr, Powell: I move that we make recommendation to the City Council for the acquisition of the Rlgbt-of-Way for Lakeview Boulevard. Mt. Eagelbrecht: Second. r 4 - -t ---1+ r r,b to 25 r 10 32XIC 0 0 ORDINANCE NO. AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND HILLWOOD INVESTMENT LAND, L. P., RELATING TO THE PURCHASE OF 0.164 ACRES OF LAND FOR THE EXPANSION OF U. S. HIGHWAY 77 (PARCEL 8A) AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. I~ THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION I. That the City Manager is hereby authorized to execute a Real Estate Contract between the City and Hillwood Investment Land, L. P., in substantially the form of the Real Estate Contract which is attached to and made a part of this ordinance for all purposes, for the purchase of 0.164 acres of land for the expansion of U. S, Highway 77 (Parcel 8A). SECTION 11. That the City Manager is authorized to make the expenditures as set forth in the attached Real Estate Contract. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED th.s the day of , 1998, JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY e BY. APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY:17Lcfas- I 5 , 2s x 10 32x10 b awns ' p 4 :ufnrns REAL ZSTATS CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by and between Hillwood Investment Land, L.P. (hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton County, Texas, (hereinafter referred to as "Purchaser"), upon the terms and conditions set forth herein. PURCHASE AND SALE Seller hereby sells and agrees to convey to the State of Texas, acting by and through the Texas Transportation Commission, and Purchaser hereby purchases and agrees to pay for all that certain tract, lot or parcel of land described in Exhibit "A" attached with all rights and appurtenances pertaining to the said property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights- of-way (all of such real property, rights, and appurtenances being hereinafter referred to as the "Property"), for the consideration and upon and subject to the terms, provisions, and conditions hereinafter set forth, but excluding all the oil, gas, sulfur and underground water, in, on or under the property. Seller shall pay all cost for the removal, installation, construction, reinstallation, reconstruction, labor and materials for any improvements currently located within the property described in Exhibit "A". Any improvements not removed by January 1, 1999 shall become property of the City of Denton, Texas. PURCHASE PRICE 1. Amount of Purchase Price. The purchase price for the Property shall bo the sum of $8146.45. 2. Payment of Purchase Price. The full amount of the Purchase Price shall be payable in cash at the closing. PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction 0 i of each of the following conditions any of which may be waived in whole or in part by Purchaser at or prior to the closing. G ~.o ❑ 3 2 I ❑ ' A vwras O ~..s , 1. Preliminary Title Report. Within twenty (20) days after the date hereof, Seller, at Seller's sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue a owners pul'cy commitment (the "Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser shall give Seller written notice on or beforo the expiration of ten (10) days after Purchaser receives the Commitment that the condition of title as set forth in the Commitment is or is not satisfactory. In the event Purchaser states the condition of title is not satisfactory, Seller may, at Seller's o;:ion, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable or willing to do so within ten 110) days after receipt of written notice, this Agreement shall thereupon be null and void for all purposes; otherwise, this condition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived by purchaser for all purposes. 2. Survey. Purchaser may, at Purchaser's sole cost and expenso, obtain a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser. The survey shall be staked on the ground, and shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and tights-of-way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property and shall set forth the number of total acres comprising the Property, together with a metes %nd bounds description thereof. Purchaser will hava ten (10) days after receipt of the survey to review and approve the survey. In the event the survey is unacceptable, then Purchaser shall within the ten (10) day period, give Seller written notice of this fact. Seller may, at Seller's option, promptly undertake to eliminate or modify the unacceptable portions of the survey to the reasonable A satisfaction of Purchaser. In the event Seller is unable or willing to do so within ten (10) days after receipt of written notice, Purchaser may terminate this Agreement, and the Agreement shall thereupon be null and void for all purposes and the Escrow Deposit shall be returned by the Title Company to 1 Purchaser. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the 0 A survey. AEEOOBFE PAGE 2 7 ?Cl 32 x~Q 1 O i 1 3. Seller's Compliance. Seller shall have performed, ob- served, and complied with all of the covenants, agreements, and conditions required by this Agreement to be performed, observed, and complied with by Seller prior ':o or as of the closing. REPRESENTATIONS AND WARRANTIES OF SELLER ISeller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed 111 made by Seller to Purchaser also as of the closing date: 1. To the current actual knowledge of Seller there are no parties in possession of any portion of the Property as lessees, tenants at sufferance, trespassers or other parties. 2. Except for ';be prior actions of Purchaser, there is no per,ding or threateted condemnation or sir.ilar pro4jeeding or assessment or suit, affecting title to tha :roperty, or any part thereof, nor to the best knowledge and belief of Seller is any such proceeding or assessment contemplated by any governmental authority. 3. To the best of the seller's knowledge, there are no toxic or hazardous wastes or materials on or within the Property. Such toxic or hazardous wastes or materials incl':de, but are not limited to, hazardous materials or wastes as same are defined by the Resource Conservation and Recovery Act (RCRA), as amended, and the Comprehensive Environmenta) Response Compensatior and Liability Act (CERCLA), as amended. CLOSING The closing shall be held At the office of Dentex Title Company on or before October 30, 19980 or at such title company, time, date, and place as Seller and Purchaser may mutually agree " upon (which d.%tc is herein referred to as the "closing date"). - A CLOSING REQUIREMENTS 1. Seller's Requirements. At the closing Seller ahalli A. Deliver to State of Texas, acting by and through the . Texas Transportation Commission a duly executed and O acknowledged Deed in the form As attached hereto as Y ASEOOeFt PA66 3 8 f . r. ~ 0 Exhibit "B" conveying good and indefeasible title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, asses- aments, and restrictions, except for the followings 1. General real estate taxes for the year of closing and subsequent years not yet due and payable! 2. Any exceptions approved or deemed approved by Purchaser pursuant to Purchaser's obligations hereof; and 3. Any exceptions approved by Purchaser in writing, B. Deliver to Purchaser a Commitment for a Texas owner's Policy of Title insurance at Purchaser's sole expense, issued by Dentex Title Company, Denton, Texas, (the "Title Company"), or such title company as Seller and Purchaser may mutually agree upon, in Purchas!*'a favor in the full amount of the purchase price, ineurinq fee simple title for the State of Texas to the Property subject only to those title exceptions listed in Seller's Requirements hereof, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Policy of Title insurance, provided, however; 1. The boundary and survey exceptions shall be deleted if required by Purchaser and if so required, the costs associated with sale shall be borne by i Purchaaart 2. The exception as to restrictive covenants shall be endorsed "None of . Record" if there are none! 3. The exception for taxes shall be limited to the year of closing and shall 4 be endorsed "Not Yet Dins and Payable"; and I MOONFE PAGE l i 9 32 X I❑: e apple" 0 4. The exception as to liens encumbering the Property shall be endorsed "None of Record". C. Deliver to Purchaser possession of the Property on the day of closing. 2. Purchaser's Requirements. Purchaser shall pay the consideration s referenced in the "Purchase Price" section of this contract at Closing in immediately available funds. 3. Closing Casts. All taxes assessed by any tax collection authority through the date of Closing shall be prorated. All other costs and expenses of closing in consummating the sale and purchase of the Property not specifically allocated herein shall be paid by Purchaser and Seller. REAL ESTATE COMMISSION Any real estate commissions occasioned by the consummation of this Agreement shall be the sole responsibility of Seller, and Sellor agrees to indemnify and hold harmless Purchaser from any and all claims for these commissions. Purchaser represents and warrants to Seller that it has not employed any agent or broker in this transaction and indemnifies Seller from any and all claims for commission to any agent or broker claiming by, through or under purchaser. BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property except due to Purchaser's default, Purchaser may either enforce specific performance of this Agreement or terminate this Agreement by written notice delivered to seller. BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in PURCHASER'S OBLIGATIONS having been satisfied and Purchaser being in default seller may either enforce specific performance of this Agreement, or terminate this Agreement by written notice delivered to purchaser. J~4 Attocirs PAQ2 S 10 K 32XIO rl • WWW" u MISCELLANEOUS 1. Assignm3nt of Agreement. This Agreement may not be assigned by Purchaser without the express written consent of Seller. Seller may assign this agreement. 2. Survival of Covenants. Any of the representations, war- ranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing for a period of 180 days and shall not be merged therein. 3. Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party. 4. Texas Law to Apply. This Agreement shall be construed under and in accordance Wth the laws of thn State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. 5. Part13s Bound. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement. 6. Legal Construction. In case any one or more of the pro- visions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. ^ 7. Prior Agreements Superseded. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 8. Time of Essence. Time is of the essence in this Agreement. Jt4 AtE00APE PACE 8 r ' 11 0 0 MOM o l I 9. Gender. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 10. Memorandum of Contract. Upon request of either party, both parties shall proantiy execute a memorandum of this Agreement suitable for filing of record. 11. Compliance. In accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that j it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. 12. Time Limit. In the ever,l a fully executed copy of this Agreemta. has not been returned to Purchaser within ten 110) days after Purchaser executes this Agreement and delivers same ' to Seiler, Purchaser shall have the right to terminate this Agreement upon written notice to Seller. DATED this ~ day of 1998, SELLER II~pUSCHASER Hillwood Investments Land, L.P. M THE CITY OF DENTON, TEXA3 BYi Hillwood Operating, L.P., BY: _ General Partner 1 City Manager i BY: Hillwood Development 215 E. McKinney Coration, General Denton, Texas 76201 4 Port ner BY:,lll1~ ' i!• Batty P:cetde++t 5• ` Hillwood Development (l Corporation 13600 Heritaye Parkway Suite 200 1 Ft. North, Texas 76177 Aacooerc rAO: ~ 12 25X10 32X r 14. ZAI 0 A Y r • cw.eHANPW:. a .r., - o •ao•+M".NO•rvar v,.,.. • ~ '.,.I • V 1 I STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this day of ` 1998 by , City Manager, of the City of Denton, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to as that the same was the act of the said City of Denton, Texas, a municipal corporation, that he was duly authorized to perform the same by appropriate ordinance of the City Council of the City of Denton and that he executed the same as the act of the said City for purposes and consideration therein expressed, and in the capacity therein stated. Notary Public in and for the State of Texas STATE OF TEXAS COUNTY OF DENTON m.t4 K. $~y Sr~1•,P hi i txument is acknowled ad before me, on this qi day of ,,X, 1998 by r Peer dent, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me khst the same was ` the act of the said corporation. Notary Publ c in and ! r the State of Texas i AEEOOM PA42 13 V'91 'i 215X 32X'10 I ' VNISIT OA* County Damon Page I of I Highway U.S. 77 Project Umiu: From ULn Rev. Ootobet 28, 199 a To U.S. 380 CSJ: 0199-02. + Account: {i FIELD NOTES FOR PARCELS& BEING A PARCEL OF LAND SITUATED IN A CALLED 1,8177-ACRE PARCEL OF LAND (TRACT 21 CONVEYED TO HILLWOOD LAND/DENTON LTD. RECORDED IN VOLUME 2470, PAGE 680, DEED RECORDS DENTON COUNTY, TEXAS (DRDCT), AND BEING SITUATED IN THE NATHAN WADE SURVEY, ABSTRACT NO. 1407, CITY OF DENTON, DENTON COUNTY, TEXAS, AND =NO MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING for reference at a faxed (once post from which the southwest Oomar of said HlOwood Trott 2 beers S 014 07' 11' W, a distance of 18.91 fat= THENCE N 016 07' 11 • E, along the vest propwtt Ono of said Millwood Tract 2 and the east property Hoe of s 10•sers parcel of land convoyed to CoeO A. King pang tract), recorded In Vohxne 377, rage 70, DAOCT, a distsn s of 415.99 foot to a sat 5/84nch Iron rod whh an aluminum sap, being the POINT OF BEGINNING, some being a point on the new South right of way Inv of U.S. 771 (1) THENCE N 014 07, 11• F, with the One common to mrwood Tract 2 and esld King snot, a distance of 23.53 feet to a found 1124r4h Iron rod for the northwest corner of sold Millwood Tract 2, same being a nortilsan comer of said King tract and being In the existing south right of way One of U.S. 771 . i (2) THENCE 9 884 12113' E, along the north one of sold Millwood Tract 2 and the existing south right of way One of U.S. 77, a distance of 952.72 feet to a fend brass cep, same being the I notthsast Comer of aafd Hillwood Tract 2, same being a point on site existing north right of way I Ene of Loop 288, 131 THENCE 8 014 31' 13' W, None the set One of Sold Htgwood Tract 2 and the wen floe of ' Loop 288, a distance of 23,61 fat to a set 6/8dneh Iron rod vvhh en ahrmbtum cep In tha new south right of way line of U.S. 771 141 THFNCB N 66411' 36' W, with the new south right of way One of U.S. 77, a dbmnce of 382.58 het to the POW? OF BEGINNING, and contaWng 0.164 acre, or 7,148 sclum feet of land, more or In,. John F. Wilder, R.P.L.S. '•`,••••..Jt:1u.u1}... Date O 16 JOHN WILDER tT] Texas No. 1286 ..u.a,.A~.~..u..i,. 14 K I0 32 x I❑ , i GlfiJi?ta . ' 0 '4 1 t T1Y,eHlf o i h..M:. a,~w.i'na}Fr&kWAn,.na ..pe•antNlRdk:eg2wtiMH+iwrs+~r+.w.+-...... TunaDep.momdT=gaftd= EXHIBIT "a" rvm D-13-14 hp 1 GO Ilw. %91 DEED k THE STATE OF TW(AS COUNTY OF KNOW ALL MEN BY THESE PRESENTS: I That, s of the County of , Stan of Texas, hwehtsfter aefarred to All Groton, whether one or more, for sad In consideration of the sure of Dam ) to Grantors in hAnd paid by the Slue of Tew, acting by and through the Texas Transportatim Commivlon, rece t of which Is hereby admowiedged, and for which no lkn is retained, eitha upessessed or 4aplted, hsve this day Sold and by these pprreeeeaer~~ss do Grant, Bargain, Set! Snd Convey umo the State of Tent @1 that amain tract or parcel offend. fa Court , Tau, store particularly described In Ex. IOU "A," which L attached hem* and incorpottual herein for soy and allpurpoeae. SAVE and ZXCEPT, AOWSVER, It is expressly understood and agreed that Grantors are retaWng tide to the following l<nlMemam located on the property described In said Exhibit "A," to wit: Grantors covenant and agree to remove the above-described Itnprovanew horn said land by the day of 19, , subject, however to such exumlons of time a may be granted " by the ta e N wrldric and , for any reason, Grantors iii or refuse to remove same widdn said period of time prescribed, then, without any fiWw consideration, the thk to all or any part of such Improvements not so removed &W pus to and vest in the State of Texas forever. Grantors reserve all of +1te oil, ggaass and sulphur In and solder the land herein conv but waive all tights of Ingress and egress to the surface thereof for the of exploring, level g, miring a driWrtg for saute; however, nothing in this reservation ahall s the tide srd rights of the tan to take sad use other minerals And modals thereat, therein and themvider. a ~ A ~'rrry 15 y s , 2, x 32X 0 Tent Deportment of 71 mp rndm _ Pam D•13•14 PIP 2 d 3 Rar, 9191 TO HAVE AND TO HOLD the premises herein described and herein conveyed for with all and singular the Tts and ancel thereto in any wise belonging unto the State of Tam ad Its assigns forever, and druuore do=by bind ourselves, our heirs, executors, adm nisaatm, sticcxasors and as. signs to Warrant sad Forever Defend all and singular the said premism herein comroyea unto the State of Texas and its assigns against every person whomsoever lawfinily claiming Of to claim the samo or any par thereof. IN WITNESS WHEREOF, this irsstrameni Is executed on this the _ day of • R IrR Y►•! r YYY Y Y►! RRl/!!►e! Y ♦ r!! Y,~N►R!!! Y!!►l►YR N•l►►►RR►Y Y Y N! RY►1!! •!!!!R N. ACKNOWLEDGMENT THE STATE OF TEXAS, r } COUNTY OP BVORE ME, the ua3ersigmd, a Nosey Publk, on this day personally epyeesed _ haeMO to ass (or proved tae a the n; a of , a credible wimejs,) to b I the penont:~ wbose W- owWo) Is (ut) subscribed to the foregoing In annaeot cod acknowledged to me that bVsbdthey euMOd the amt !or the purposes and cxtudersdoo tberein expsetud. OWE14 UNDER MY HAND AND SEAL OR OFFICE, this day of Nosey Pub1k, Stara d Teass I My fbmndsolm upim as she day a( ee!!►rr rRe elR►r►Y Y Y! eRaY Ya!!a eaesrr!!!•u►a! r•e!! RR!!!lRRR•►Y a r! Y R!!!!RR e! ate. THE STATE OF TEXAS, CORPORATE ACKNOWLEDGMENT COUNTY OF 1 BEFORE ME, the mrdersdpoed, a Notary Public, on this day personalty appeared A of , !nano to me to be the pteaoa and oflla,r *boo tiara is robsedbed to die foregoing bnsaumem and a kwwledpd to to that the two was the act of the said , a cwtporosim that he/she wu ddy sutbonsed to pedurm she tame by wmpdw reeoWas at the bard of dhecooe of such coeporodoo and tbat Wdup executed tht osme as the act of smb corpora doo fordo ptaposee and ocodderWon therein egnsoo i. rid lotho apaelty therein stated GIVEN UNDER MY HAND AND SEAL OF OM M tda day of , IP_r„.. 0 0 drum of Tau Nary Raaele. My Commisdoo egdm on the day of 16 T 321 E) 1 O Paml No. lV 0 oaaty mmmmmw~ s Mz Highway No, p COW01 Sea Job Account of Fede o, - From Tot DEED v ~ Oredaa M STATE OF TEXAS AUS77N, TEXAS Filed or 11eeoN 7hfa day of A.D.19.,_ , at o clock M ` ecerAe 7hb day of • • A.D. Imo' , In ' B kty. em, ao edr, Boer Page Isy QourayQak ~~rn ~7 x 1 l J 3 G x 0 t' + 1 MUM= ` 0 A , ' I 0 AQeada No Agenda Item Dale_.(P_Lr~ AGENDA INFORMATION SHEET I AGENDA DATE: October 6,199S ' DEPARTMENT: Engineering & Transportation CM/DCM/ACM: Rick Svehla, Deputy City Manager SUBJE CONSIDER AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND HILLWOOD INVESTMENT LAND, L.P., RELATING TO THE PURCHASE OF 0.149 ACRE OF LAND FOR THE EXPANSION OF U.S. HIGHWAY 77 p (PARCEL SB); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND Michael K. Berry, S.V.P., Hillwood Development Corporation has executed a Real Estate Contract for the required right of way for the U.S, Highway 77 Widening Project. no property is currently vacant pastureland. The contr6ct amount of $4525.60 represents the fair market value as determined by an independent appraiser and reviewed by a separate appraiser for conformity and as required by The Texas Department Transportation (TX. D.O.T.). The Appraiser and Review Appraiser services were approved by the City Council In 1997 (Professional Services Contracts). PRIOR ACTIONIREVIEW (Council. Boards. Commissions) The Planning & Zoning Commission recommends approval. FECAL INFORMATION The purchase price is $4525.60 plus closinf cost of approximately $500.00. ! Attached, J Respectfully submitted: • ' • lerq rk, Di lector y J Prepared by: Engi ring Transportation u Paul Williamson Right•of•Way Agent ,I 1 ~a Y R I O t 1 I .....~...~...~...nr`..-rM'r~'1r,w+:Mo-'"NM•TUS:~NhYOYN~:!v~SAYfMri"MX.'~1).rY':1.!M'MM.M 111MMrIF I'rMI~M!'.NYrAWrYa-T.tin.v'Y no-~.n r-.~....~n.~....:n- " • O 2 I 1 ' ~ 1 A N i t a 1 I 32xlo 7 I0 • a 74 0 .Wnw" r ,.r- ,r No Me ,r ff a a a a. m. I R S . _d ~ -r • t: ' 4, Foe } O~ 00 S 56.1M36■ E foO. "'e : ; : • , ' : , • • : ~ • : •1•• i i'i•; ~:':'::1i : ~~~r///•• r ~ i : • • : • i : • i • • i'i i i o : • i f s W Y I)rt C• - " . ; ff,. . . • . ; : f .r f • : • : • : ~ CIM W Woo.or 20.631 e' -eN I" urn 55.11135" w 323.461 i ~ sb. a IIILLWO013 LAND/dFNTAN LTQ t'1...:;~ • f: V4 L. P0. • + 8 79 S.F.OR 0.149 AC. no yr 1 1 REM.. 23.529 AC. so.a v ■ 40, c~~ 1 51"I'l MAN I C1 12x 0 , 0 Planning and Zoning Minutes July 23, 1991 Page 2 Ms. Schertz: Are there any other nominations? If there are none, nominations are closed. We will vote on the nominees In the order of their nomination. I will list their name and then after I am through if you will raise your right hand if you are in favor. As many as are in favor of Jim Engelbrecht please raise your right baud. (Vote - 3) As many as are in favor of Ellen Schertz please raise your right hand. (Vote - 4) The new Clair person by majority is Ellen Schertz. Thank you. For the second nominee we will he electing Vice-Chair person. The floor is open. Ms. Apple: I would like to nominate Bob Powell. Ms. Schertz- Are there any further nominations) r Mr. Moreno: 1 would nominate Jim Engelbrecht. Ms. Schertz: Are there any further nominations? Seeing none, nominations are closed. As many es are in favor of Bob Powell, please raise your right hand. (Vote - 4) Seeing there is a majority, the new Vice-Chair person will be Bob Powell. Congratulations. III. Consider approval of the minutes of the July 9, 1997 meeting. Ms. Schertz: Are there any corrections? Seeing none, the minutes will stand approved as written. IV. Consider making recommendation to the City Council for the acquisition of the Right-of- Way for U.S. 377 from F.M. 2164 to 1.33. 'I Mr. Powell: 'c'hat's not 377 but Is 77. Ms. Schettz: You are correct. Let the minutes reflect that. Mr. Powell: I would move that we recommend to the City Council the acquisition of Right-of-Way for US 77 from FM 2164 to 1-35, 0 Ms. Ganzer: Second. Ms. Schertz: Is t:.cre any discussion? All in favor, pl-ase raise your right hand. Motion passes. (7-0) V. Consider making recommendation to the City Council for the acquisition of the Ngbt-of- Way for Lakeview Boulevard. tD Mr, Powell: I move that we make recommendation to the City Council for the acquisition of the Right-of-Way for Lakeview Boulevard. Mr. Engelbrecht, S=nd. L 1 0 n3,x S i 5 10 32X .J ~I 0 I 1l~LO LFN04i WXN ew 1 I I ORDINANCE NO. I i AN ORDINANCE APPROVING A REAL ESTATE CON'T'RACT BETWEEN THE CITY OF { DENTON AND HILLWOOD INVESTMENT LAND, L. P., RELATING TO THE PURCHASE OF 0.149 ACRES OF LAND FOR THE EXPANSION OF U. S. HIGHWAY 77 (PARCEL 8B) AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFEC FIVE DATE. THE COUNCIL OF THE C►TY OF DENTON, TEXAS HEREBY ORDAINS: SECTION. That the City Manager is hereby authorized to execute a Real Estate Contract between the City and Hillwood Investment Land, L. P., is substantially the form of the ' Real Estate Contract which is attached to and made a part of this ordinance for all pu,pom, for the purchase of 0.149 acres of land for t: expansion of U. S. Highway 77 (Parcel 8B). SECTION IL That the City Manager is authorized to make the expenditures as set forth in the attached Real Estat: Contract SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of_ 1998. I JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY I + BY: I APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 5 32x~~~. e p REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by and betweer, Hillwood Investment Land, L.P. (hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton County, Texas, (hereinafter referred to as "Purchaser"), upon the terms and Conditions set forth herein. PURCHASE AND SALE Seller hereby sells and agrees to convey to the State of Texas, acting by and through the Texas Transportation Commission, and Purchaser hereby purchases and agrees to pay for all that certain tract, lot or parcel of land described in Exhibit "A" attached with all rights and appurtenances pertaining to the said property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights- of-way (all of such real property, rights, and appurtenances being hereinafter referred to as the "Property"), for the consideration and upon and subject to the terms, provisions, and conditions hereinafter set forth, but excluding all the oil, gas, sulfur and underground water, in, on or under the property. Seller shall pay all cost for the removal, installation, construction, reinstallation, reconstruction, labor and materials for any improvements currently located within the property described in Exhibit W. Any improvements not removed by January It 1999 shall become property of the City of Denton, i Texas. PURCHASE PRICE 1. Amount of Purchase Price. The purchase price for the ' Property shall be the sum of $4525.60. A ' 2. Payment of Purchase Price. 'the full amount of he Purchase Price shall be payable in cash at the closing. PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to consummate the O transactions contemplated hereby are subject to the eetiafaccion i 47 of each of the following conditions any of which may be w jived in whole or in part by Purchaser at or prior to the closing. 6 .top 3 2 x 0 =imam o , I 1. Preliminary Title Report. Within twenty (20) days after the date hereof, Seller, ar. Seller's sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue a owners policy commitment (the "Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser shall give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Commitment that the condition of title as set forth in the Commitment is or is not satisfactory. In the event Purchaser states the condition of title is not satisfactory, Seller may, at Seller's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable or willing to do no within ten (10) days after receipt of written notice, this Agreement shall thereupon be null and void for all purposes; otherwise, this condition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived by purchaser for all purposes. 2. Survey. Purchaser may, at Purchaser's sole cost and expense, obtain a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser. The survey shall be staked on the ground, and shall show the vocation of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of-way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there I are nu encroachments on the Property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. Purchaser will have ten (101 days after receipt of the survey to review and approve the survey. In the event the survey is unacceptable, then Purchaser shall within the ten (10) day period, give Seller written notice of this fact. Seller may, at Seller's option, promptly undertake to eliminate or modify the unacceptable portions of the survey to the reasonable satisfaction of Purchaser. to the event Seller is unable or willing to do so within ten 1101 days after receipt of written notice, Purchaser may terminate this Agreement, and the Agreement shall thereupon be null and void for all purposes anu the Escrow Deposit shall be returned by the Title Company to Purchaser. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the 0 survey. AEE008FE PAGE 2 37x~❑ r. I r o • r 3. Seller's Compliance. Seller shall have performed, ob- served, and complied with all of the covenants, agreements, and conditions required by this Agreement to be performed, observed, and complied with by Seller prior to or as of the closing, I REPRESENTATIONS AND KARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing date: 1. To the current actual knowledge of Seller there are no parties in possession of any portion of the Property as lessees, tenants at sufferance, trespassers or other parties. :r 2. Except for the prior actions of Purchaser, there is no pending or threatened condemnation or similar proceeding or assessment or suit, affecting title to the Property, or any part thereof, nor to the best knowledge and belief of Seller is any such proceeding or assessment contemplated by any governmental authority. 3. To the best of the seller's knowledge, there are no toxic or hazardous wastes or materials on or within the Property. Such toxic or hazardous wastes or materials include, but are not limited to, hazardous materials or wastes as same are defined by the Resource Conservation and Recovery Act (RCRA) I as amended, and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), as amended. CLOSING i the closing shall be held at the office of Dentex Title Company on or before October 30, 1998, or at such title company, time, date, and place Seller and Purchaser may mutually agree lace as ' upon (which date is herein referred to as the "closing date"). CLOSING REQUIREMENTS 1. Seller's Requirements. At the closing Seller shall: f A. Deliver to State of Texas, acting by and through the Texas Transportation Commission a duly executed and 0 acknowledged Deed in the form as attached hereto as AEE008FE PAGE 3 8 Cr. ) ' 10 y 9r 32x10 a 01 I O , Exhibit "B" conveying good and indefeasible title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, asses- sments, and restrictions, except for the following: 1. General real estate taxes for the v year of closing and subsequent years not yet due and payable; 2. Any exceptions approved or deemed approved by Purchaser pursuant to Purchaser's obligations hereof; and 3. Any exceptions approved by Purchaser in writing, B. Deliver to Purchaser a Commitment for a Texas owner's Policy of Title Insurance at Purchaser's sole expense, issued by Dentex Title Company, Denton, Texas, Ithe "Title Company"), or such title company as Seller and Purchaser may mutually agree upon, in Purchaser's favor in the full amount of the purchase price, insuring fee simple title for the State of Texas to the Property subject only to those title exceptions listed in Seller's Requirements hereof, such other exceptions as may be approved in writing by Purchaser, and the stsndard printed exceptions contained in the usual form of Texas Owner's Policy of Title Insurance, provided, however: 1. The boundary and survey exceptions shall be deleted if required by Purchaser and if so required, the coats associated with same shall be borne by Purchaser; 2. The exception as to restrictive " covenants shall be endorsed "None of • Record" if there are none; 3. The exception for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable"; and AEC008M FAGS 4 9 OMEN 6ILMRMLM VOWS" 0 4. The exception as to liens 4 encumbering the Property shall be k endorsed "None of Record". i C. Deliver to Purchaser possession of the Property on I the day of closing. 2. Purchaser's Requirements. Purchaser shall pay the consideration as referenced in the "Purchase Price" section of this contract at Closing in immediately available funds. 3. Closing Costs. All taxes assessed by any tax collection authority through the date of Closing shall be prorated. All other costs and expenses of closing in consummating the sale and purchase of the Property not specifically allocated herein shall be paid by Purchaser and Seller. REAL ESTATE CW HISSION Any real estate commissions occasioned by the consummation of this Agreement shall be the sole responsibility of Seller, and Seller agrees to indemnify and hold harmless Purchaser from any and all claims for these commissions. Purchaser represents and warrants to Seller that V: has not employed any agent or broker in this transaction and indemnifies Seller from any and all claims for commission to any agent or broker claiming by, through or unier purchaser. BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fall to consummate the sale of the Property except due to Purchaser's default, Purchaser may either enforce specific performance of this Agreement or terminate this Agreement by written notice delivered to seller. BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in PURCHASER'S OBLIGATIONS having been satisfied and Purchaser being in default Seller may either enforce specific performance of this Agreement, or terminate . this Agreement by written notice delivered to purchaser. AEE009Ft PAGE 5 I 10 1 MISCELLANEOUS 1. Assignment of Agreement. This Agreement may not be assigned by Purchaser without the express written consent o Seller. Seller may assign this agreement. 2. Survival of Covenants. Any of the representations, war- ranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a perion of time following the closing of the transactions contemplated hereby shall survive the closing for a period of 180 days and shall not be merged therein. k 3. Notice. Any notice required or permitted to 'De delivered hereunder shall be ieeme,l received when sen`t by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party. 4. Texas Law to Apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. 5. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement. ` 6. Legal Construction. In case any one or more of the pro- visions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said invalidity, illegality, or unenforceability shall not effect any other provision hereof, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. 7. Prior Agreements Superseded. This Agreement constitutes the sole and only agreement of the parties and supersedes any f prior understandings or written or oral agreements between the parties respecting the within subject matter. 8. Time of Essence. Time is of the essence in this Agreement. ASECOOrE PACE 6 11 ; 2SX10 32 10 i Q r 5 9. Gender. Words of any gender used in this Agreement shall be held and construed to include any other gender, and f words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 10. Memorandum of Contract. Upon request of either party, ' both parties shall promptly execute a memorandum of this Agreement suitable for filing of record. 11. Compliance. In accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the s'i:tract covering the Property examined by an attorney of Purchasar's own selection. 12. Time Limit. In the event a fully executed copy of this Agreement has not been returned to Purchaser within ten (10) days after Purchaser executes this Agreement and delivers same to Seiler, Purchaser shall have the right to terminate this. Agreement upon written notice to Seller. DATED this day of .Il7li. , 1998. SELLER ~J PURCHASER Hillw;,jod Investments Land, L.P. THE CITY OF DENTON, TEXAS BY: Hillwood Operating, L.P., BY: General Partner City Manager BY: Hillwood Development 215 E. McKinney Corporation, General Denton, Texas 76201 artner (BY: Pie* POtters1te .4-MtL 4%4y rres4den s.r.7 Hillwood Dev iopment Corporation 13600 Heritage Parkway Suite 200 Ft. Worth, Texas 76177 'e ~ o I • ALE008FE PAGE 7 12 2.5 K'10 32x1U O I s i. .•r kn,r~V'r h,Y.x , ada'. +.ate: ex.u.....~._.,,, _ »`.c . , A• y STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this day of 1998 by It City Manager, of the City of Denton, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Denton, Texas, a municipal corporation, that he was duly authorized to perform the same by appropriate ordinance of the City Council of the City of Denton and that he executed the same as the act of the said City for purposes and a consideration therein expressed, and in the capacity therein stated. + e Notary Public in and for the State of Texas STATE OF TEXAS COUNTY OF DENTON JVIC11 'l U hiin trument is acknowledged before me, on this { day of A 1998 by n, Rresfdesrt, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said corporation. Notary Pub c in and f r the State of Texas • [ I t AEE00812 PAGE 1 13 ' • sNOWA 0 t ' EXHIBIT •A• County Denton Page 1 of 1 i High !y y 77 Rev, June 30, 1994 Project Limits: its its: From I.H. 35 TO U.S. 380 CSJ. 0195-02• Account: I FIELD NOTES FOR PARCEL i BEING A PARCEL OF LAND SITUATED IN A CALLED 23.8776-ACRE PARCEL OF LAND (TRACT 1) CONVEYED TO HILLWOOD LAND/OENTON LTD, RECORDED IN VOLUME 2470, PAGE 690, DEED RECORDS DENTON COUNTY, TEXAS IDADCTI, AND BEING SITUATED IN THE NATHAN WADE SURVEY, ABSTRACT NO. 1407, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLO'AS. COMMENCING for reference at a 112-kwh iron rod found for an interior e3 corner on the watt Bne of said I?idwood Tract 1, being in the south Gne of the dght of way for Loop 288; THENCE N 350 53' 69' E, with the west Ibis of said HOlwoad Tract 1, being the east gne of sold right of way, a distance of 1,0.23 feet to the POINT OF BEGINNING, mares by a 6184neh Iron rod eat with an aluminum cap, said point being on the new south right of way Me of U.S. 77; (11 THENCE N 350 53' 69' E, slang the west line of said HWwood Tract 1 and the south one of Loop 288, a distonaa of 20,83 feat to a found brass monument for the northwest comer of said H;Ilwood Tract 1 In the existing south right of way Ona of U.S. 77; 121 THENCE S 680 09' 01' E, along the north line of sold HWwood Tract 1 and the existing south right of way one of U.S. 77, a distance of 309.92 feat to a found 3/8-inch Iron rod for the northeast comer of said Hiowood Tract 1, same being the northwest comer of a called 139.388• sere parcel of land conveyed to TI 239 S. Joint Venture and recorded In Volume 2432, Page 21, DROCT, and being In the existing south right of •rrey line of U.S. 77; 13) THENCE S 010 08' 07' W, leaving said right of way end along a line common to said TI tract and said Hillwood Tract 1, s distance of 23.86 feat to set 619-Inch iron rod with an aluminum cap in the new south right of way one of U S. 77; (4) THEN :E N 589 11' 38' W, leaving sold One and with the new south right of way one of U.S. 77, a distance of 323,45 foot to the POINT OF BEGINNING, and contaWrio 0.149 sae, at 5,479 Wu are feet of land, more or less. 37F'' + John F. Wilder, A.P.L S. , JOHN F, yyILOER Date Texas No. 4286 soq 4r2~~ ~ p + UgyQJ S Wsmmv 14 . "Y 10 32 X 0 y Toms Depamem of TnaVaeuf n EXHIBIT "B" tram D• tl-11 ii Pop t ar! Rov. 9191 DEED UM STATE OFTE M I COU".W OF KNOW ALL MFN BY THESE PRESENTS: The, jf r' Of dx County of , State of Texu, hemInrfler referred to sa Ors%tore, whether one,), more, for vA in conda-rWan of the som of Dollars (S ) to Grm.ors fn hand pall by the State of Texas, sitinI by Rod through the Tex" Trathspomtkm COMMISSlcn, recelpt of which b hereby aeimowledged, and for winch no Hen is retained, either expressed or itslptled, have this day Sold and by these ptesm" do Grata, Bargain, Sell and Convey tuuo the State of u all that a main tr>ties or p+m1 of land [n _ qty, Teaas. mote psrdcuiuly described in Ex h h b:s "A," which is and hereto at d lncorpotaud herein for any and a1i pnrposea. SAVE and EXC EPT, HOWEVER, it is expressly Ondemood and sped the Oramors are retaining tide to the following improvernenu lraated an the propo-v descriA is said Exhibit "A," m wit: Grantors eovemu and agree to tee-we do abovedescribed lmpmvernerus hom vId lard by the day of ,19__ , avbjaa, however, to such extensions of time aq MAY be granted by the State In writing; atd If, for any reuon, Oramors fall or leilue to remove curse within rid period of time prescribed, e,-". without any further c onsideradon, the title to all or any part of such Improvemenu not so removed shsU pass w i6ra rest %!`A State of Texts forever. Grantors reserve all of the oil, jju and r0phur In and under the led herein conveyed but waive ell rights i of ingress and egress to the audace thereof for the parpom of exploring, developi,S" mining or diWn for S sari; however, mning in this reservation &W affect the the and rights of the SS~ate ro take and v K all other nhinerab and materials thereon, therein mA theletmder. r T is u~, r 25K 32 x 1 0 01 aanxmon ' Q remeeea Texu DepLeas cf Tna.pamdoa _ Form D•1S•U Pane l of S Rr. 9/9 t TO HAVE AND TO HOLD the premises he.-.in described and herein axweyed !opther with all and singular the t jha and ses thereto in any wise belonging unto the Stare of em sad its usigrs forever, and (cantors do by' iad ourselves, our heirs, executors, adminisumm, successors and u• signs to Warrant and Forever Defend all and :ittg W the said prmn herein conveyed unto the Slue of Tiaras and 1% assign against every person whomsoever lawfafty claiming or to claim the same or any par. ! thereof. t I14 WITNESS WHEREOF, this rostra-neat is executed on this the day of 19 i ►1.•II►a••►►►III►III►•►III►►•/►/p1/►1►aal•N►I►•II►►►►►►•II►1►•NIII►►•►farau THE STATE OF TEXAS, ACKNOWLEDGMENT COUNTY OF D BEFORE ME, dme aadersisned. a Notary Public. on this day pwowgy eppeued known to use (or proved to me on the ouh or , a uvObte witness.) to is the person(s) whose come(s) Ie (er k -.Ascribed to the romsolas ima„mea and kknowiedi-I to me that balsbehhey executed the svme for the posposm and ra:eiduation therein expeeseed. GrVEN UNDER MY HAND AND SEAL OF OFFICE, this day of Nasty Publk. Sim of Texas My Commission ar irae to Ae day of •aeraraalall•►IIII►I1aa►aaallra►IIIIIIII•all►a►a►►Ir •►IIIa►►I/e►►►r.• THE STATE OF TEXASCORPORATE ACKNOWLEDGMENT , COUNTY OF BEFORE ME, sits nodersiptd, a Notary Publle, on this day persomoy appeared of , known to A me a be the penao and olEcrs wbou come is subscdbed to the fore iowumem ad admowledted u ma dot she mums wu the as or she maid , a eospomdon, do WsM wu ddy aotborired to perform do um by ffmpdm mitah des of the board of d6eeton or rich caeparloo end that ItOW executed she same u tbs sa, (much mporadoo for the ptaposu and oaoddamdm therein expreued and In she apeebr therein aase& GIVEN UNDER MY HAND AND SEAL OF OPPICB, thU day of mmq poise, Sim erTeus My Comaskaw a4itd oft the _ day or . l9~ . 16 32 X ~~~1lee s v , Pecol No. 0 IA m Hiphwey No. + pControl Sea Job Accourn or Fideral No. 0. From: _ To: DEED 14 C - (Irma 5 THE STATE OP TEXAS AUSTW,TEXAS ' • Filed for toeord q Iwo day of 2i A.D.19-, Al . PC ock M. ' This day of Rreerlef A.D. 19 in • E ty, Tea.. R Peewds o Deeds, Other w °a. Ey comr Cktk 25 K ~ 32XIO r.w.r.~ , r i } . ~ r , of ` S~ I e i ~ i .,r a + 4 a 0 j, i n~i; r. ',i r r',.,1ir.2:%'.6411'i a'1 - Wa•r 4n n 'x.d::_.MhMgS~RSV'Ml .MM-RY1.a?4k~'Y,YI B:rIFd9NS'us x.le+.;dt: u.a:.., i Agenda Nt. Agenda !t m s 7 Dale AGENDA INFORMATION SHEET ; AGENDA DATE: October 6, IM DEPARTMENT: Engineering do Transportation CM/DCM/ACM: Rick Svehla, Deputy City Maoager~5 SUWE MNSIDER AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE E CITY OF DENTON AND CHARLES TERRY WILLHOffE, RELATING TO THE PURCHASE OF 0.080 ACRE OF LAND FOR THE EXPANSION OF U.S. HIGHWAY 77 (PARCEL 30r 'F AUTHORIZING THE EXPISNDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECnVE DATF. CKGROUND Charles Terry Willhoite has executed a Real Estate Contract for the required right of way for the U.S. Ifighway 77 Widening Project, The property is known as 3100 Donna Rd The contract amo'mt of $3,989.00 represents the fair market value as determined by an independent appraiser and reviewed by a separate appraiser for conformity and as required by The Texas Department Transportation (TX. D.O.T.). The Appraiser and Review Appraiser services were approved by the City Council in 1997 (Professional Services Contracts). PRIOR AC'TION/REVIEW [Council. Board Cosnmbuloos3 TI:e Planning & Zoning Commission recommends approvki, FISCAL INFORMATION The purchase price is $3989.00 plus closing coat of approximately $500.00. Attached. Respectfully submitted: CNA C&~ k lerty I for • • • Prepared by, Engi ng dt Iran" Won s t K Paul Williamson Right-of-Wily Agent jt~ r: 014 m..•1 y, r r, 5 x Q 0 32X 1 I, I • o S r .W. .,.......~..__,......:.,.....ra~+.v.r~nrrea~w+.+Il~?nrt+Mr%MMd+eXitt.Mnr*mnM kre~enWwwnMilvralMnnYla'r+flrwW.,rvioxa.>•.M~srM.~+~~.r.roY..~ i W I J I • '~['-Z vii ~ ry 0 z r 3 E t 11 fill - - - II' r4 S Je^ r', 1.~ 3 2 X s O r J . i X301 I 3465 S.F.OR 0.080 AC. E REM. - 0.608 AC. ; r~ r~ 8 ~J s ~ f f A s~ C8 v' 1i , I is 1"- 40-I s f or# IAAP AILI 32X • o , Planning slid Zoning Minutes July 23, 1997 f Page 2 Ms. Schenz: Am time any other nominadom? If there aH now, nominations are closed. We will vote on the nominees in the order of their nomination. I wW list their name and then after I am through if you will raise your right hand if you are in favor. As many as are In favor of Jim Engelbrecht please raise your right band. (Vote • 3) As many as are In favor of Ellen Schertz please raise your right hand. (Vote • 4) The new Chair person by majority is Ellen Scbertz. Thank you. For the second nominee we will be electing Vice-Chair person. The floor is open. Ms. Apple: I wo•,rld like to nominate Bob Powell. Ms. Schertz: Are there arty further nominations? Mr. Moreno: I would nominate Jim Engeruecht. Ms. Schertz: Are there any further nominations? Seeing cane, nominations are closed. As many as are in favor of Bob Powell, please raise your right hand. (Vote • 4) Seeing there is a majority, the new Vice-Chair person will be Bob Powell. Congratulations. M. Consider approval of the rrimstes of the July 9, 1997 meeting. Ms. Schertz: Are there any corrections? Seeing none, the minutes will stand approved as written. IV. Consider making recommendation to be City Council for the acquisition of the Right-of- Way for U.S. 377 from P.M. 2164 to I.35. Mr. Powell: That's not 377 but is 77. Ms. Schenz: You are correct. Ut the minutes reflect that, Mr. Powell: I would move that we recommend to the City Council the acquisition of Might-of-Way for US 77 from FM 2164 to I.35. A Ms. Gamer: Second, Ms. Schertz: is there any discussion? All In favor, please raise your right land. Motion passes. G. V. Consider making recommendation to the City Council for the acquisition of the Rlght-of- O • Way for Lakeview Boulevard, Mr. Powell: 1 move that we make recommendation to the City Council for the acquisition of the Right-of-Way for Lakeview Boulevard, .Mr. Engelbrecbt: Second. 4 32XIU v , • aess~s . ° ' I 1AWSM i --+..w i"YLIw ~,OYs~w+iw 4n rim,.,r ORDINANCE NO, AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTUN AND CHARLES TERRY WILLHOITE, RELATING TO THE PURCHASE OF 0.080 ACRES OF LAND FOR THE MANSION OF U. S. HIGHWAY 77 (PARCEL 30); AUTHORIA:INO THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON. TEXAS HEREBY ORDAINS: SECTION I. That the City Manager is hereby authorized to execute a Real Estate Contract between the City and Charles Terry Wiilhoite, in substantially the form of the Real Estate Contract which is attached to and made a part of this ordinance for all purposes, for the purchase of 0.080 acres of [And for the expansion of U. S. Highway 77 (Parcel 30). SECTION Ii. That the City Manager is authorized to make the expenditures as set forth in the attached Real Estate Contract. SECTION 11. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1998. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY • BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY S 25 10 32x 0 • o REAL EBTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by and Charles Terry Willhoite (hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton County, Texas, (hereinafter referred to as "Purchaser"), upon the terms and conditions set forth herein. PURCHASE AND SALE Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for dll that certain tract, lot or parcel of land described in Exhibit "A" attached with all rights and appurtenances pertaining to the said property, including any right, title and interest of Seller in and to adjacent stL_ets, alleys or rights-of-way all of such real prop- erty, rights, and appurtenances heing hereinafter referred to as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, f and conditions hereinafter set forth. Seller shall pay all cost `I for .the removal, installation, construction, reinstallltion, reconstruction, labor and materials for any and/or improvements j located within the property described in Exhibit "A". Any { improvements not removed by January 11 1999 shall become property of the City of Denton, Texas. t PURCHASE PRICE 1. Amount of Purchase Price. The purchase price for the Property shall be the sum of $3,969.00. 2. Payment of Purchase Price. The full amount of the Purchase Price shall be payable in cash at the closing. T PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction of each of the following conditions any of which may be waived in whole or in part by Purchaser at or prior to the closing. 1. Preliminary Title Report. Within twenty (201 days after the date hereof, Seller, at Seller's sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue a owners policy commitment Ithe "Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, b 32 X~~ m Sanwa 0 ,,.¢"M etc., affecting cne eroperty. Purchaser shall give Seller written notice r,n or before the expiration of ten (10) days after Purchaser receives the Commitment that the condition of title as i set forth in the Commitment is or is not satisfactory. In the event Purchaser states the condition of title is not satisfactory, Seller shall, at Seller's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, this Agreement shall thereupon be null and void for all purposes; otherwise, this condition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. 2. Survey. Purchaser may, at Purchaser's sole cost and expense, obtain a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser. The survey shall be staked on the ground, and shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of- way on or adjacent to the Property, if any, and wall contain the surveyor's certification that there r.re no encroachments on the Property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. Purchaser will have ten (10) days after receipt of the survey to review and approve the survey. In the event the survey is unacceptable, then Purchaser shall within the ten (10) day period, give Seller written notice of this fact. Seller shall, at Seller's option, promptly undertake to eliminate or modify the unacceptable po.-Lions of the survey to the reasonable satisfaction (1 Purchaser. In the event Seller is unable to do so within tun (10) days after receipt of written notice, Purchaser may terminate this Agreement, and the Agreement shall thereupon be null and void for all purposes and the Escrow Deposit shall be returned by the Title Company to Purchaser. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the survey. 3. Seller's Compliance. Seller shall have performed, ob- served, and complied with all of the covenants, agreements, and conditions required by this Agreement to be performed, observed, and complied with by Seller prior to or as of the closing. REPRESENTATIONS AND NAARANTIES OF SELLER I Seller hereby represents and warrants to Purchaser as f 6 O follows, which representations and warranties shall be deemed J14 AE6008FE PACE 2 7 K awl - i , made by Seiler to Purchaser also as of the closing date: - 1. There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, trespassers or other parties. 2. Except for the prier actions of Purchaser, there is no pending or threatened condemnation or similar proceeding or assessment or suit, affecting title to the Property, or any part thereof, nor to the best knowledge and beliiif of Seller is any such proceeding or assessment contemplated by any governmental autLority. 3. Seller has complied with all applicable laws, ordinances, regt,lations, statutes, rules and restrictions relating to the Property, or any part thereof. 4. To the best of the seller's knowledge, there are no toxic or hazardous wastes or materials on or within the Property. Such toxic or hazardous wastes or materials include, but are not limited to, hazardous materials or waster as same are defined by the Resource Conservation and Recovery Act (RCRA), as amended, and the Comprehensive Environmental Response Compensation and Liability Act (CERCI.A), as am%inded. CLOSING The closing shall be held at the office of Dentex Title Company nn or before November 300 19980 or at such title company, time, date, and place as Seller and Purchaser may mutually agree upon )which date is herein reforred to as the 'closing date"). CLOSING REQUIREMENTS 1. Seller's Reduiremen~s. At the closing Seller shall: A. Deliver to State of Texas, acting by and through the Texas Transpoitation Commission a duly executed and acknowledged Deed in the form as attached hereto as Exhibit 'B' conveying good and marketable title to all of the Property, free and clear of any and all Liens, encumbrances, conditions, easements, asseasments, and restrictions, except for the following: 1. General real estate taxes for the year of closing and subsequent years r-)t yet due and payablei 2. Any exceptions approves by Purchaser p AtE008rE PACE 3 e 1 `~sa I~ 7 h x~ 3 2 x Q 0 a pursuant to Purchaser's obligations here- of; and 3. Any exceptions approved by Purchaser in writing. E f B. Deliver to Purchaser a Texas Owner's Policy of Title Insurance at Purchaser's sole expense, issued by Dentex Title Company, Denton, Texas, (the "Title Company"), or such title company as Seller and Purchaser may mutually agree upon, in Purchaser's favor in the full amount of the punhase price, insuring fee simple title for the state a' Texas to the Propert; !ubject only to those title exceptions listed in Closing Re iremen`s hereof, such other exceptions as may be approved In writinq by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Policy of Title insurance, provided, however: 1. The bout,dary and survey exceptions shall be deleted if required by Purchaser and if so required, the costs associated with same shall be borne by Pfrchaser; 2. The exception as to restrictive cove- nants shall be endorsed "None of Record"; 3. The exception for taxes shall be limited to the year of clos'ng and shall be endorsed "Not Yet Due and Pay,%ble"; and 4. The exception as to liens encumbering the Property shall be endorsed "None of Record". C. Deliver to Purchaser possession of the Property on the day of closing. 2. Purchaser's Re irements. Purchaser shall pay the consideration as referenced In the "Purchase Price" section of • this contract at Closing in immediately available funds. 3. Closing Costs. Seller shall pay all taxes assessed by any tax collection authority through the date of Closing. All other costs and expenses of closing in consummating the sale and purchase of the Property not specifically allocated herein shall be paid by Pc:chaser and Seller. i 1 AEEOOeFE PALS 4 9 6 acres REAL ESTATE COMMISSION Any real estate commissions occasioned by the consummation of this Agreement shall be the sole responsibility of Seller, and Seller agrees to indemnify and hold harmless Purchaser from any and all claims for these commissions. BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the II sale of the Property except Purchaser's default, Purchaser may i either enforce specific performance of this Agreement or terminate this Agreement by written notice delivered to seller. { BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in PURCHASER'S OBLIGATIONS having bien satisfied and Purchaser being in default Seller may either enforce specifi- performance of this Agreement, or terminate this Agreement by written notice deltvered to purchaser. MISCELLANEOUS 1. Assi~lnment of Agreement. This Agreement may not be assigned by Purchaser without the express written consent of Seller. 2. Survive.: of Covenants. Any of the representations, war- ranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. 3. Notice. Any notice required or permitted to be delivered hereunder shall be teemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party. • 4. Texas Law to 1 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. AEE008M rnot s 10 _ f' ..d.. i r, r i 5. Parties Round. This Agreement shall be binding upon and nure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement. 6. Legal Construction. In case any one or more of the pro- visions contained- in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, Bald in- i validity, illegality, or unenforceability shall not affect any i other provision hereof, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Prior Agreements 9v erseded. This Agreement constitutes the sole an only agreement o e parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 8. Time of Essence. Time is of the essence in this Agreement. 9. Gender. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context re juirer otherwise. 30. Memorandum of Contract. Upon request of either party, both parties shall promptly execute a memorandum of this Agreement suitable for filing of record. 11. Complianccee. In accordance with the requirements of the Texas Rea Est tate -License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. 12. Time Limit. In the event a fully executed copy of this Agreement as not een returned to Purchaser within ten (10) days after Purchaser executes this Agreement and delivers same to Sel- "r u Ser, Purchaser shall have the right to terminate this Agreement { upon written notice to Seller. I l k _r.19 actooera pace a ,t - ~ i 25 x 1 32 X ti O .'dry. M . '.~.i. a •i:. DATED this day of 1998. { SELLER 1t(~V PURCHASER ~V THE CITY OF DENTON, TEXAS Cr'~ I' I { C BY: Char es er y 1 dite City Manager Ilf 215 E. McKinney Denton, Texas 76201 STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this day of 1998 by , City Manager, of Me- City of Denton, a Municipal corporation, known to me to be the ?erson and officer whose name is subscribed to the foregoing Instrument and acknowledged to me that the same was the act of the said City of Denton, Texas, a municipal corporation, that hr, was duly authorized to perform the same by appropriate ordinance of the City Council of the City of Denton and that he executed the same as the act of the said City for purposes and consideration therein expressed, and in the capacity therein stated. Notary Public in and or R-T the state of Texas STATE OF TEXAS COUNTY OF DENTON T s strument is acknowledged before me, on this day of 1998 by Charles Terry ilillhoite. • j 1 N ar Public in and for ROGER M,YMIJONlOM ~M +•w6149 an the State of Texas M.: . son MEOWS PACE 7 12 f ~ x la 32X IO o mows" 0 EXHIBIT 'A' ' I County Denton Page 1 of t Highmay U.S. 77 Project Limits; From !•H• 36 Rev. November 28, 1994 I CSJ: 41 g8-02• To U.S. sgj~ i Account: FIELD NOTES FOR PARCEL BEING A PARCEL OF LAND SITUATED IN A CAU.EO 0.608-ACRE TRACT OF LAND CONVEYED TO CHIPINGLEE AND WIFE, PEY BETTY LEE, RECORDED IN VOLUME 1348, PAGE 920, DEED RECORDS OF DENTON COUNTY, TEXAS IORDCTL AND BEING SITUATED IN THE N.H. MEISENHEIMER SURVEY, ABSTRACT N0.810, CITY Y, i DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING for rsfarence It a found fence comer post for the northwest comer of said Lae tract and sold point being on the existing east right of way One of Donne Street; THENCE S 010 68' 54' W, Bang the existing asot right of way One of Donna Street and west proparty One of said Lee tract, a distance of 182,81 feat to a set 6184neh km rod with an aluminum cap for the POINT OF BEGINNING, same being a point on the new north rightof v icy One of U.S. 77 and In a noa•tangent circular curve to the right having a radius of 2924,79 fat: (1) THENCE southeasterly, slong the new north right of way One of U.S. 77 with sold curve to the right, through a delta angle of 024 48'30', an are distance of 143.36 fat, and having a chord which bears S 644 131280 E. a distance of 143.34 feet to a set 518-Inch Iron rod with an aluminum cap, being a point of tangency; 121 THENCE S 824 49' 14' E, with the new north right of wiry One of U.S. 77, a distance of 19.48 feet to a set 5/9dnch Iron rod with an aluminum cap, being the Winning of a circular curve to the left having a radius of 2804.79 fat: (31 THENCE sauthessterly, with the new north right of way One of U.S. 77 along sold curve to the loft, through a delve angle of 004 08'430, an are distance of 7.11 feet, and having a chord which bears S 524 53'350 E, a distance of 7.11 fat to a set 6184nch kon rod with an aluminum cap, said point bakg on the teat Ore of sold Lea tract, and west line of a tract of land conveyed to Donald Edwin Gibson and wife, Gertrude Gibson, as recorded in Volume 824, Page 802, DRDCT: (4) THENCE S 010 14' 08' W, along a Ono common to sold La tract and sold Gibson tract, a distance of 18.09 feet to a found 1/24neh iron rod for the southeast corner of said Los tract, some being'the southwest comer of said Gibson tract, and said point bekg on the "ming north right of way One of U.S. 77; 161 THENCE N 68.32' 08' W, along a line common to said La tract and existing north right of way • Brae of sold U.S. 77, a distance of 182.00 feet to the southwest corner of sold La tract, soma being a point on the exlotMg east right of way One of Donna Street, (61 THENCE N 014 88' 64' E, slonq a Me common to sold La treat and existing east right of way One of said Donna Street, a disimes of 31.39 feet to the POINT OF BEGINNING, and containing 0.080 acre, or 3,406 square feet of land, more or Paso. f John F, Wilder, R.P.L.S. / Dots Texas No. 4285 JOHN WILD ~F~W ~LEA ,4 19 Ptuuhev 13 'V4 32 X El i ~ G ~ r awaa 0 r 1 . l.,: ..:.r. ..d1 nr:...., _...r..: r. b;,.+'4w-rr..n.,.F:e. u r..... n. Tau. Dapannnt of Tnnvw%4*a LXHIBIT "B" tbm W5.14 Pap t of 3 ?Av. 9Nl DEED TIM STATE OF TEXAS i COUNTY OF KNOW ALL MEN BY THESE PRESENTS, That. I i • 4 of the County of , State of Texas, herelaaRer related to as Oranton, whest e: one or more, for and In consideration cf the sum of r f 0cm ) to Oran;or. hand paid by the Stare of Texas, yy and through the Texas TtansportatIwt Commission, reefpt of which is hereby artcwwledged, and f~ h~cn no Ilea ~ apmssed have this day Sold and by these preaasn do Orant, Bargain, Sell and Convey unto the State of Texas all that ccrstir. tract or parcel of load to w Cow,, Tex", MOM pardculufy described In Ex• hibie A, which is attached hereto and Luorporned beria for any and all purposes. SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retafnin; title to the following Improvements located an the property described In Bald Exhibit "A." to wit: Grantors covenant and agree to remove the above*sagmd Improvements from said land by the _ day of 014 , subject, however, to such extensions of time u may be granted by th-Tf e Sure in writing; and , for any rasmt, Granon fall or refuse to remove as= within said period of time prescribed, then, without any further comidersdon, the We to all or any pan of such lmprovetnents remo ed shall not so v pass to and vest In the Stara of Texas forever. Grantors reserve all of the oil, less and sulphur in and tinder the land herein cam, but waive all tights of ingress and egress to the su^,face thereof for the purpose of exploring, Bevel g, mining or dtrilWr for same; however, nothing in this reservation shall affect the tide and rights of the tare to take end use at~ ; other minerals and matedals thereon, therein and thereun&r, i r 14 2x 32x10 5 10 1 4 e►gnea • o SVM" i Texas Overruns of Taaeponation - tbtm D-13.14 Page t of 3 Raw. 9N1 TO HAVE AND TO HOLD the premises herein described and herdn conveyed ro etherairh a1S u.d I aLfgular the rim and appurtMom tbereto in any wise belon&ff unto the State of Teter and its usrip-i forever, and drantoa da hereby bind ourselves, our heirs, executors, adminlsaraton, mccaaors and Ls- i Sighs to Warrant and Forever Defend all and singular the said premism herds conveyed unto the Size of Texas and In assigns against every person whoanoever lawfully claiming or to claim the Same or any pr. thereof. IN WITNESS WHEREOF, this instrument is executed on this the day of /lIRR♦HIR!!lRRRRR!!•IRRIlR11lRIRIRIRIl1lRRIIR♦11l11llRlIRRIRIIRIRgRIR1elRRlMleeaa• ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF I BEFORE M$ the uoderdptted, a Notary Pob13e, oo LW day pertmOy wined known to me (or proses to me on the cuff or , *credible witnem) to be the penon(s) wbare avne(a) Is (err:) subscribed to the ton going lanntment and aftowledged to me 'bat hoMWthey curetted the rune for the MOM aqd consideration therein expressed. 0IVEN UNDER MY HAND AND SEAL OF OM M this day of 19_, I!` M" Public, State of Tarn I Sty CaenmiWW eapUs a due day of •1111 Rl/11lRII!!•IIRl/R!!1l/111/R1111R1lINlRp1lIIIIIR/Rill/RIRIbRl11/!I!1lR11!!e e CORPORATE ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF BEFORE ME, she uedenipeed, armoury Public, on this day persoul)y ol"Ared 0 , Mowo to we to be the person and omar whose more is Aftedbed to dr foregoing iruwmem Asti admowtedged to me the the same wu die ad of the said , a corporitim that hmbs wu daly suthaiad to perform the uew by sppmpdo resohnlon of the bond ordirectorx of such corponden and that bolshe dratted the nme u the as orroch eapondm fa the pwpone ao 4 omddetxdao theeio exPvnK std id the agadry dweid SIANd. GIVEN UNDER MY HAND AND SUL OP OFMCB, this day or Notary td Jir1 cr Tau+ My Commladoa crpiaa an the day or 15 e 32x~~ MOWS 0 i r Pure! No. R~ O ~ unry u ~ 'V Highway No. '0*4 Control c. lob Account of Federal No. R From: To. _ DEED g` ~ tolaq b THE STATE OF 7vw AUSTM,TEXAS O 3 qO ail flies or Record ~i A.D. 19 day of at o'clock M TMI day of Retarded A.D. 19__,_, in • County, ty, Texas, Records o D:eds, Other Pain Ey c'••err apt DIP" i s 0 1r !errirr .vl, .n k;".fi^^e:5i''.a!G':eWe,dFi. ^aM'n!yx'M't'. ^etdY^aDfQ*~ennr li .r... Agenda tJO,_.._ZfJ AGENDA INFORMATION SHEET Agenda item - i Date AGENDA DATE: October 6,1998 DEPARTMENT: Utilities Administration ACM: Howard Martin. 349-8232 r` SUBJECT; AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF DENTON AND KIMLEY-HORN AND ASSOCIATES, INC, FOR ENGINEERING SERVICES CONCERNING THE BUILDING OF 9,680 FEET OF 20-INCH WATER LINE ALONG BERNARD AND JAMES STREET FROM LINDSEY TO HOBSON ROAD; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING, AN EFFECTIVE DATE, BACKGROUND: This project includes design of approximately 9,680 linear feel of 20-inch waterline (1,100 feet on Lindsey, 4,000 feet on Bernard, 3,900 feet on James, and 680 feet on FM 1830). (See Exhibit 1). This waterline is a part of City of Denton Distribution System Upgrade Master Plan Report prepared by Shimek, Jacobs & Finklea consultants. This water line is necessary to improve distribution system capacity for meeting peak demands in the area olong Bernard and James Streets, The water line will also help provide service to the future developments along Hwy 377 in the southem part of the City. PRIOR AC'I ION/REVIEW [Cooneil, B,.Ards. Commissions) Public Utilities Board approved agreement on August 17, 1998. g FISCAL, INFORNtATION: s $1,783,000 in Bond funds is budgeted for construction and design of this project during the fiscal years 1999-2000 and 2000.2001. (See Exhibit Ili) I t RespeclfulIy submitted: Jill orlon, 'actor Water Utilities ; i f lvm Exhibit 1: Location Map Exhibit 11: Scope of Work Exhibit [1[: CIP Detail Sheet i ` 9 Y( 1 Y b 1.. 10 32X10 r O ORDINANCE NO, AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF DENTON AND KIMLEY-HORN AND ASSOCIATES, INC. FOR ENGINEERING SERVICES J CONCERNING THE BUILDING OF, 9,680 FEET OF 20-INCH WATER LINE ALONG 1 BERNARD AND JAMES STREET FROM LINDSEY TO HOBSON ROAD; AUTHORIZC40 THE EXPFNDTIURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. TFIE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION I. That the City Manager Is hereby authorized to execute a prof:ssional services contract between the City of Denton and Kimsey-Horn and Associates, Inc. for work on 9,680 feet of 20-inch water line along Bernard and James Streets from Lindsey to Hobson Road 1 substantially in the form of the contract which is attached hereto and made a part of this ordinance for all purposes. SECTION [l, That the City Manager is authorized to make the expenditures as set forth in the attached contract. EECTIQN,11 . That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of 1998. JACK MILLER, MAYOR ATTEST; IENNIFER WALTERS, CITY SECRETi4'. BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROM, CITY ATTORNEY BY: CCL 71), or V: r t mw=ts0&r"al99Tjmky-H= era &c 2 - - ` : ? 5 x 0 32 x I t9 0 6 I PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICE IN CONJUNCTION WITH THE 20-INCH WATER LINE ON BERNARDUAMES STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT is made and entered into as of the 28t° day of July, 1998, by and between the City of Denton, Texas, a Texas mu:.::ipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "OWNER" and Kimley- Hom and Associates, Inc. with its corporate office at 801 Clary Street, Suite 1100, Fort Worth, Texas 76102, hereinafter called "CONSULTANT," acting herein, by and through their duly authorized representatives. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with the CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as stand in the sections to follow, with diligence and in accordance with the professional standards customarily obtained for such services in the State of Texas. The professional services se out herein are in connection with the following described project: The Project shall include, without limitation, Project-1, 9,680 feet of 20-inch water line along Bernard and James Streets from Lindsey to Hobson Road as shown in Exhibit A. ARTICLE It SCOPE OF SERVICIr S The CONSULTANT shall Herform the following services in a professional manner: A. The CONSULTANT shall perform those services as necessary and as described in the OWNER's "CITY OF DENTON REQUEST FOR QUALIFICATIONS FOR 20 INCH A WATERLINE ON BERNARD/JAMES which Is attached hereto and made a part hereof as Exhibit "A" as if written word for word herein. 9. To perform those services set forth in CONSULTANT's Proposed Scope of Services, which proposal is attached hereto and made a part hereof as Exhibit "B" as if written word for word herein, C. CONSULTANT shall perform all those services set forth in individual task orders which shall be attached to this Agreement and made a part hereof for all purposes as separate agreeme0q. D. If there is any conflict between the terms of this Agreement and the exhibits attached to this Agreement, the terms and conditions of this Agreement will control over the terms and 3 32 X ,r 0 1 1 . conditions of the attached exhibits or task orders. If there is any conflict between Exhibits A and i B, the terms of Exhibit B will control over the terms of Exhibit A. I AR3[ICLE III ADDITIONAL SERVICES Additional services to be performed by the CONSULTAN'T', if authorized by the OWNER, which are not included in the above-described Scope of Services, are described as follows: I A. Accompanying OWNER's personnel when meeting with the Texas Natural Resource Conservation Commission, U.S. Environmental Protection Agency, or other regulatory agencies; assist OWNER's personnel on an as-needed basis in preparing compliance schedules, progress reports, and providing general technical support for the OWNER's compliance efforts; B, Assisting OWNER or contractor in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this Agreement, such services, if any, to 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 Scope of Sen ices; D. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications; E, Appearing before regulatory agencies or courts as an expert witness 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 OWNER; F. Designing of replacement for the existing 8-inch waterline; 0. Designing of replacement for the existing 8-inch sanitary sewer, H. Providing additional presentation to the Public Utility Board or the City Council; 1. Providing additional easement or ROW acquisition; 1. Providing construction staking; K. Providing additional printing for bidding document distribution; L. Providing additional documentation required by the OWNER's legal representation during condemnation proceedings. M. Providing any easen.•.nt acquisition services beyond the preparation of the easement document. N. Obtain right of entry for k. cement survey. 0 ' l : s 0. Additional meetings during construction. P. Provide shop drawing review other than boring submittals. Page 2 4 - t 25 x !0 32X10 iY~Ff U h ?9A~IM+'R4J'I Q. Attend the final walk through. 4 ARTICLE IV PERIOD OF SERVICE This Agreement shall become effective upon execution of this Agreement by the OWNER and the CONSULTANT and upon issue of a notice to proceed by the OWNER, and shall remain in force for the period which may reasonably be required for the completion of the Project, including Additional Services, if any, and any required extensions approved by the OWNER This Agreement maybe sooner terminated in accordance with the provisions hereof. Time is of the essence in this agreement. The CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule established by the OWNER, acting through its City Manager or his designee. ARTICLE COMPENSATION A, COMPENSATION TERMS: 1. "Subcontract Expense" is defined as expenses incurred by the CONSULTANT in employment of others in outside firms for services in the nature of geotechnical investigations, boring and directional drilling, and easement acquisition. 2. "Direct Non-Labor Expense" is defined as that expense for any assignment incurred by the CONSULTANT for supplies, transportation and equipment, travel, communications, subsistence, ani 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 the CONSULTANT for the I services set forth in Exhibit 8, Scope of Services, a lump sum amount of S125,100 based on the per-task lump sum amounts as shown in Exhibit "C" which is attached hcreto and made a part of this Agreement as if written word for word herein. This is to be the total fee, including reimbursement for d' xt non-labor expenses. Partial payments to the CONSULTANT will be made on the basis of detailed monthly statements rendered to and approved oy the OWNER through its City Manager or his designee; however, under no circumstances shall any monthly statement for services exceed the value of . the work performed at the time a statement is rendered. The OWNER may withhold the final five percent (S%) 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 is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the j OWNER rot any charge, expense, or reimbursement above the lump sum fee as stated, without Page 3 5 10 . a ' fist having obtaivai written authorization from the OWNER. The CONSULTANT shall not proceed to perform the services listed in Article DI "Additional Services," without obtaining prior written authorization from the OWNER. I B. ADDITIONAL SERVICES: For additional services authorized in writing by the OWNER in E Article III, the CONSULTANT shall be paid a fee in addition to the lump sum fee. This addiuonat fee is to be based on the hourly rates shown in Exhibit "C." Payments for additional services shall be due and payable upon subm,pion by the CONSULTANT, and shall be in accordance with Subsection B hereof. Statements shall not be submitted more frequently than monthly. C. PAYMENT: If the OWNER fails to make payments due the CONSULTANT for services and expenses within sixty (60) days after receipt of the CONSULTAN'T's undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month from the said sixtieth (60') day, and, in eddition, the CONSULTANT may, after giving seven (7) days' written notice to the OWNER suspend services under this Agreement until the CONSULTANT has been paid in full all amounts dua for services, expenses, and charges, provided, however, noth°ng herein shall require the OWNER to pay the late charge of one percent (10/6) set forth herein if the OWNER reasonably determines that the work is unsatisfactory, in accordance with this Article V, "Compensation." ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or uefrciencies in the work of the CONSULTANT or any subcontractors or subconsultanis. ARTICLE VII OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT and CONSULTANT's subcontractors or subconsultants pursuant to this Agreement are instruments of service, and shall become the property of the OWNER upon the termination of this Agreement. The CONSULTANT is entitled to retain copies of all such documents. The documents 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 be at OWNER's sole risk and expense, In the event the OWNER uses any of the information or matr^ials developed pursuant to this Agreement in another project or for other A purposes than specified herein, CONSULTANT is released from any and all liability relating to then ule in that project. ? ARTICLE VIII INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER. CONSULTANT shall not have.. or claim any right arising from employee to • status. Page 4 b NZ 00 - x ~ 0 32J❑ YlsLmrA age6rw ARTICLE IX INDEMNITY AGREEMENT The CONSULTANT shall indemnify and save and hold harmless the OWNER and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the OWNER, 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 its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE X INSURANCE During the peritmtance of the services under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the I State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least I an A- or above: A. Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for -ach occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than S 100,000 for each occurrence and not less than $100,000 in the aggregate. i B. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property damage limits of not less I than S 100,000 for each accident, C. Worker's Compensation Insurance in acc -+ance with statutory requirements, and Employers' Liability Insurance with limits of not less 1L.n ,100,000 for each accident. D. Professional Liability `nsurance with limits of not less than S 1,000,000 annual aggregate, E. The CONSULTANT shall furnish insurance certificates or insurance policies at the OWNER's request to evidence such coverages. Except for the professional liability inswance, the insurance policies shall name the OWNER as an additional insured on all such policies, and shall contain a ♦ provision that such insurance shall not be canceled or modified without thirty (?0) days' prior written notice to OWNER and CONSULTANT. In such event, the CONSULTANT shall, prior tc the effective date of the change or cancellation, serve substitute policies tumishing the same coverage. F ' ♦ 0 0 Page S 7 f 4 32XIO `V 25 ~0 r • O Almom ARTICLE XI ARBITELk TION AND ALTERNATE DISPUTE RESOLUTION i The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution, such as mediation. No arbitration or alternate dispute resolution arising out of or relating to this Agreement, involving one party's disagreement, may include the other party to the disagreement without the other's approval. ARTICLE XiI TERMINATION OF AGREEMENT A. Notwithstanding any other provision of this Agreement, either party may terminate by giving thirty (30) days' advance written notice to the other party. B. This Agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations 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. C. If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to the OWNER within thirty (30) days after the date of termination. The OWNER shall pay CONSULTANT for all services properly rendered and satisfacto,ily performed and 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 consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information. The CONSULTANT shall turn over all documents prepared or ltnrnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of I termination, but may maintain copies of such documents for its use. ARTICLE III RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not constitute, nor be deemed a releaAe 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; nor shall such approval be deemed to be an • assumption of such responsibility by d. OWNER for any defect in the design or other work prepared by the CONSULTANT, its employees, subconunctors, agents, and consultants. ARTICLE XIY NOTICES All notices, communications, and reports required or permitted under this Agreement shall be • personally delivered or mailed to the respective parties by depositing same in the United States mail to p • the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing: Page 6 8 t xi❑ 32XIO 0 I I To CONSULTANT: To OWNER: f Kimley-Hom and Associates, Inc. City of Denton ` Glenn Gary, P.E. P.S. Aron, P.E., Senior Engineer 801 Cherry Street, Suite l 100 215 East McKinney Fort Worth, TX 76102 Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mailing. ARTICLE XY ENTIRE AGREEMENT This Agreement, consisting of 9 pages and 3 exhibits, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. AM ME XVI SEVER %BILITY 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 from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. ARTICLE Xvn COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, ud local laws, rults, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. AMCLE XVIII DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE XIX PERSONNEL • A. The CONSULTANT represents that it has or will secure, at its own expense, all personnel required to I eform all the services required under this Agreement. Such personnel shall not be O • employees or of , ers 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. Page 7 9 ~5 10 32X10 MOM MMK~~URLIL-ARLIL~- e 0 B. All services required hereunder will be perfom+ed by the CONSULTANT or under its supervision. All personnel engaged in work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services. ARTICLE XX ASSIGNABILITY The CONSULTANT shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, rovation, or otherwise) without the prior written consent of the OWNER. ARTICLE MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by tha party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE. NMI MISCELLANEOUS A. The following exhibits are attached to and made a part of this Agreement: L Exhibit A • City of Denton Request For Qualifications For 20 Inch Waterline On Bernard/fames. 2. Exhibit B - Scope of Services. 3, Exhibit C • Per Task Lump Sum Amounts B. CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the CONSULTANT involving transactions relating to this Agreement. CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this section. OWNER shall give CONSULTANT reasonable advance notice of intended audits. C. Venue of bny 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 O hereunder shall be Glenn Gary • Project Manager, Brad Tribble • QA/QC. However, nothing f herein shall limit CONSULTANT from using other qualified and competent members of its firm to perform the services required herein. I Page 8 a Kill 32 X C I ; 1 n , . E. CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof. In accomplishing the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the OWNER F. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT'a disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions for the CONSULTANT to enter in or upon public and private property as required for the CONSULTANT to perform services under this Agreement , 0. The captions of this Agreement are for Informational purposes only, and shall not in any way affect the substantive terms or con4itions of this Agreement. IN WITNESS HEREO.', the City of Denton. Texas has caused this Agreement to be executed by its duly authorized City Manager, and CONSULTANT has executed this Agreement through its duly authorized undersigned officer on this the day of 19` CITY OF DENTON, TEXAS MICHAEL W. JEZ CITY NIANTAGER ATTEST, JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEOAL FOR14: HERBERT L. PROUTY, CITY ATTORNEY M r i i KIMLEY-HORN AND ASSOCIATES, ENC. Glenn Gary Assistant Secretary 0 • WITNESS: BY; Y Page 9 1 1 r - $ 2,5 x 10 3z X ❑ 0 EXHIBIT A CITY OF DENTON REQUEST FOR QUALIFICATIONS FOR 20 INCH WATERLINE ON BERNARD/JAMES AND WATERLINE EXTENSIONS TO SERVE CARPENTER ROAD AND GAYLA/BRIDGES AREA 1 ENGINEERING SERVICES 1. Introduction The City of Denton is qualifications from engineering firms to provide servic=e to design 1) approximately 9,680 feet of 20 inch waterline primarily on lames and Bernard (see Exhibit 11) and 2) approximately 2,000 feet of 8 inch and 6 inch waterline to serve the Gayla/Bridges area (see Exhibit 111) and 850 feet of 8 inch and 6 inch waterline to serve Carpenter Road (see Exhibit M. Denton is aware of each firm's abilities and general reputation. Submittals should be directed toward Denton's particular project. General Information and artwork are not necessary. The process will involve a written response, "short listing" of three to four firms for presentation, ranking, and negotiations in order of ranking. Each firm is encouraged to become familiar with the project. Feet free to contact the City's designated contact person who is: P. S. Arora, P.E. Senior Engineer 901•A Texas Stmt Denton, TX 76201 • 940.349.8453 11. DESCRIPTION OF PROJECTS A. Bemardflames This project involves approximately 9,680 feet of 20 itch waterline(set exhibit • 11). The project starts on Lindsey Stmt, just west of Fort Worth Drive (US Hwy • • 377), where there is a 20-inch stubout. The waterline runs west on Lindsey to Bemird. Then It turns south and continues on Bernard (along this route it crosses u 1.35E) to the railroad. The waterline crosses the railroad and continues south on lames to US Hwy 371. The waterline crosses US Hwy 377 and continues south along c=ountry Club Road (FM 1830) to the existing 16 Inch waterline at Hobson. t 12 . A 0 The major concern of the City of Denton is the cros iQ of 1.35E. The City anticipates that 1.35E will be widen'reconstructed in tht :re. We do not want to replace this crossing, The selected firm will be required to acquire the required easements for this project. At this time the only required easements will be along FM 1830. B. Carpenter Road and GaylaBridges Area The Carpenter Road project consists of approximately 850 feet of 8 inch and 6 inch waterlines (see exhibit 110. There ire approximately a dozen services. The construction of this project and the Gayla/Bridges area project is funded with Comutunity Development Block Grants. The City is funding the surveying, design, easement acquisition and Inspection. Carpenter Road Is a private road and East McKinney is a state' highway, easemeau will be required. Federal j procedures may have to be followed for these acquisitions. The GaylaBridges area project consists of approximately 2,000 feet of 8 inch and 6-inch waterline (see exhibit M. There are approximately IS services. Ill. PRE•SUBMITTAL MEETING None is proposed. IV. INFORMATION PROVIDED BY DENTON None is proposed at this time beyond what is in this RFQ. Denton will provide to the selected firm "as built" or construction drawings as available along the route of the two projects. Denton crews will field locate critical underground utilities. V. SUBMITTALS The submittals will help Denton to select the firm that can best sad* Denton's particular needs. The submittals must conform to the format prescribed herein. This will help Denton to compare the qualities of each Cum In key areas and allow the firms to compete on the most equal basis. LENGTH: The written proposal shall have no more than twenty-five (25) printed pages between the coven. This Includes the Table of Contents, List of Tables, Fly Sheet, Title Pages, Appendix, K-sumes, Photograph, Chart+, Tables, Graphs, etc. Blank pages tD are not counted, even if they have a minor amount of printing, such as a border. You yy may use either one sided or two sided copying, Each page shall be numbered. The vi►af document shall be printed on 8 Vi' x i l" paper. Sheets up t6 24" x 36" maybe Included for graphics. These sheets may be either bound or Included in a pocket t holds. Each sheet will count as one page of printed document. : 13 32XIO. 0 t MOM CONTENTS: Each proposal shall address the areas identified below. Additional areas may be , addressed within the 25 printed pages. 'these areas will be labeled and included in an appendix, The areas to be addressed and the expected information are: Table of Contents List of Tables, Graphs, etc. - Optional i Background - Provide a brief description of firm's history and development. Organization - Description of fum's organizational structure including various deparmen , marketing, accounting, etc. Detailed wuctere of each department is not necessary. The department head and the number of employees in each division shall be included. An organizational chart is the preferred method of presentation. Experience - Provide a list of projects of similar scope for which the fum and the project team provided engineering services. Include name of client, type of facility, type of improvement (replacement or expansion), construction cost and on time performance. Approach - Describe the approach the to complete the project if it is selected. If the engineering fern intends to utilize a subcontractor, please identify the work to be accomplished, the length of previous professional relationship between the parties, and an organizational chart for the subcontractor. Project Team - Provide a list of all engineers and managers of the design level and up who will be associated with the project. Include their position with the company, role on the project team, percent of their time allocated to this project, location of their office, list of projects to which they are currently assigned, related experience, etc. 1 • Quality Control - Describe your firms preferred approach to quality control during design and construction The goal is to minimize the total cost of engineering and change orders as well as construction cost. It Is also desirable to minimize the number of change orders, regardless of cost. % i 3 14 i i - - 75 K ~ 32X 4 C aMS%ww APPENDIX: Any additional information shall be included in this section. SUBMITTAL: Five copies of the proposal shall be addressed and delivered to: Jill Jordan, P.E. Director Water Utilities j 901 -A Texas Street Denton, TIC 76201 before 3:00 p.m. , Thursday, June 25, 1998. Submittals will be reviewed immediately upon receipt for conformance to the requirements of the request for qualifications , Each firm will be notified by 5:00 p.m. Monday, June 29, 1998 of the status of their proposal. Vl. "SHORT LIST" SELECTION The Water/Wastewater Engineering Division will fort a Selection Committee to analyze each proposal submitted to make a "short list" of firms to be invited for a presentation. Selection criter;a used to rate the consultant proposal is described below: A. OualffcationIL • Appropriate education, training and experience of the team members and the fum, relative to the type of project S. Ploiect Mamaaer - Ability of project manager to complete project on time and within budget. C. ResourefulnM- Ability to work with Denton's staff' as a team, in order to complete the project. • E. f mijlafi • Awaremess of Denton's partleWar reeds, i F. Management - Ability to maximize effective effort and to ensure quality control. i. I4ascd on the above criteria, a "short list" of three to four firms will be selected and i • invited for a presentation. 0 • ' I i 4 15 f 0 M WO . O pas" Vll. PRESEN rATION Presentations are scheduled for Tuesday, July 8, 1998 from 1.5 p.m. in the Training Room at the City of Denton Service Center at 901 •A Texas Street. Denton will provide one visual aid; an overall map of the City of Denton with the project am,s highlighted. An overhead projector will be provided. Each firm may bring and use as many overheads. Slides, videos and poster pictures WILL NOT BE PERMITTED. Copies of.th eads to or the selecdoa co ee. All Information must be communicated by the written propos, on overheads, or verbally. Each firm will be allowed 30 minutes for oLh tho evEmmotation AM olbesbons AM ~.It is therefore important to be brief and to the point. Denton is interested in what sets your firm apart from the others with respect to Denton's needs, n, d what ever/one can do the same. The presentation may be made by anyone with the firm, but the Project Manager must participate. Also, a represcntadve of any sub contractor must oardcieate The Committee reserves the rig exten the session to satisfy their interest. Vill. SELECTION The Selection Committee intends to make a selection by the evening of July 15, 1998. Each firm, including the successful presenter, will be contacted the next day. However, the Selection Committee reserves the right to deliberate the submittals for up to sixty days. One fvm will be selected to provide services for projects outlined In this RFQ. Selection will be based upon ranking. Criteria listed in Section VI will be used as a guide. Each Committee Member will rank the firms according to this criteria. The Committee will then discuss their scoring and work toward a consensus. The Committee may modify the process if circumstances so require. If the Committee has any unanswered concerns of critical importance then the Committee may postpone their decision. A procedure for resolving the concern will be implemented as soon as possible. Every firm will be notified of the selection process status and informed of what to expect. i Denton will then enter .nto negotiations with the top ranked firm. If an agreement cannot be reached, then Denton will abandon Its efforts with that firm and begin • negotiations with the second ranked firm. This process will continue until an acceptable agreement is reached or until the Committee decides to send out a new R, F. Q. 1 Once successfully negotiated, the contract will be processed in accordance with Denton Charter and code requirements. 16 I ~,x~G 32X ~ O loom" City of Denton 1 1 y er Road ~Bernard/J&Tm alBrf a Y ?1 ~Ct j Exhibit 1: Project Locations a UN-WAIAM - -0"T-N U~-ILA-~( :r ~~ll X00. in it I BertMaJaTM Water a stnbAon System Up"de fl \ L,_II I ~ ~~:ti T i1Wr ill I f ~;I to, y r1 ~ .44 . I 1 1'M1MIW Nw ;'i _ "M10 Exhibit 2; Project Area 18 ~ . ,f.) ~ 10 32x I a O o I I _ I R"; N I~ • 6 inch waterline * extension mm" ~ 'II 6 Inch waterline - - extenslon ` r _ l f , If I 8 inch waterline ~ ~ . r■ • ~ ~ ~ j + o • extension + . ■ 1 .m Exhibit 3; Project Area 7_1-9 ~,M„~~ 32 x l ❑ • o • I ,:2W it \ 161 nch waterline J iWerdon i f • A40 ? I l i 1 /00 its 81 nch waterline W"on ■ At. Exhlbit 4. Project Area 20 25 10 3 10 oil 0 , 0 i , i EXHIBIT B to Agreement Between , the City of Denton. Terse (OWNER) and Klmlcy-Horn and Assoc ates, Inc. (CONSULTANT) for Professional Services. SCOPE OF SERVICES 1. This Is an exhibit attached to, made a Pr-, of and Incorporated by reference Into the Agreement between OWNER and CONSULTANT I, residing for professional engineering service!. 2, UNDERSIGNED !hall prepare construction plans, devils, specifications, permits, and Opinlon of Probable Constructioa Cost for the following; The 20-Inch 1Waterline on BernardlJames. 3. Project understanding. 201 WawUm on Berswu*James The 20-lnnch waterline on BernarMames Is approximately 9,680 fleet of Minch waterline, The general project alignment has been predetermined as stated In the Request For Qualifications as si In Exhibit A. 4. 20-Inch Waterline on Bens "James Task 1 - Quality Assurance and Quality Control This Task establishes the Quality Control and Quality Assurance plan and provides for quality control and quality assurance through the project duradon. i A. Project Planning B. Establish Quality Assurance and Quality Control Plan (QA/QC). C. Kickoff meeting with the OWNER D. Quality Assurance and Quality Control at mile stones designated in the QAIQC Plan. C. Services provided by OWNER 1. Attend Kickoff meeting i P. Deliverable! • 1. Quality Assurance and Quality Control Plan 0 . I Page 1 asi ~r, 3210 o , ar..var 0 • t li Task 2 - Routing/A Ignment (enm*james) The RoudnglAlignment 7ksk Is to provide additional coordination prior to the survey and geotechnical imtstigations. Professtonat services under this task shall Include: A. Collect data on existing utilities and Infrastructure along the proposed water line route. Klmley-Horn will coordinate with the following: I. City of Denton Utilities 2. City of Denton Engineering Department 3, GTE 4. Lone Star Gas S. TXDOT 6. Union Pacific Railroad 7. Marcus Cable B. Provide recommendation for alignment of proposed 20-Inch waterline, including allgmwnt for bores across highways, railroads, and creeks C. Provide recommee%adons for casements to be kn.ilred D. Prepare Opinion of Probable Construction Cost E. Attend one meeting to present results and deliverables and receive comments P. Services provided by OWNER 1. Provide water, sewer, storm sewer, and electric locations 2. Provide existing Information including record drawings, and construction plans 3. Provide comments on Routing and Alignment Report O. Deliverables 1. 3 - copies of the Letter Report with findings of the Routing and Alignment Study 2. 3 - copies of the Exhibit showing preliminary alignment and proposed easement acquisition 3, 3 - copies of the Opinion of Probable Construction Cost 71ask 3 - Preliminary Design (Bernard/James) Once the Routing and Alignment Report has been approved by the OWNER, Kimley-Horn will proceed with the Preliminary Design or 60% plans and speaifiations. The Preliminary Design will Include: ,s t A. Survey I B. Geolechn ial investigation C. Preliminary boring calculsdons D. Preparation of easement legal descriptions and exhibits 4 E, Coordination with utilities and ROW holden 1. GTE i , 0 • ~ 2. Demon Municipal Utilities ~P 3, Denton Engineer k TUM Page 2 ~5 x ~ a 32 X " 0 ' as XWO 0 t 09"Inm S. Union Pacific Railroad 6. Lone Star Gas " 7. Marcus Cable F. Preparation of Opinion of Probable Construction Cost 0. Preparation for and attendance at one neighborhood meeting H. Preparation of Preliminary Plans (plan view only) L Preparation of Specification Outline J. Attenda-ice at one meeting to discuss OWNER's comments K. Services provided by OWNER I. Sample Contract DNumenta and Specifications 2. Review and comments on Preliminary Design L. Deliverables L 3 - copies of the Preliminary Construction Plans (plan view only) 2. 3 - copies of the Specification Outline including material selection 3. 3 - copies of the Opinion of Probable Construction Cost 4. 1- copy of the Geotechnical Report 7hsk 4 - Final Design (Bernard/James) Once the Preliminary Design has been approved by the OWNER, Klmiey-Horn will proceed with the Final Design or 9596 plans and specifications The Final Design will include; A. Prepare engineering plans and specifications and construction contract documents in scardamce with an approved route and for project bidding and regulatory approval. Plans shall consist of 22"a 34" plan and profile sheets at a scale of 1"-40' horizontal, and 1"m 4' vertical. Specifications shall include lechnical apecifcations for materials and Installation of the proposed facilities. We anticipate approximately IS sheets of plans for the 20-Inch w-Aterline. The contract documents shall follow the City of Denton requirements for public works construction B, Submit to the OWNER 95% complete plans, specifications, contract documents, and Opinion of Probable Construction Cost for review and comment C. Attend one meeting to present 95% design and deliverables D. Attend one meeting to discuss OWNER's comments E. Prepare for and attend one public utilities Board Meeting. O F. Prepare and submit Railroad Permits applications U. Prepare and submit Highway Permits applications H. Make subntitals to the franchise utility compmtles 1. Submit Oral plans to appropriate regulatory sgencies for review J, Make revisions based on the OWNER's review of the 95% submits) K. Services provided by OWNER • 1 Review and comment on Firm Deslgn 0 , L. Deliverables I, 3 - copies of the 95% Construction Plans and Specifications ~111401 2. 3 - copies of the Opin Ion of Probable Construction Cost { i Page 3 I I 1 ~ K. i~~ 32 X c Q i 3. 3 - copies of a letter addressing OWNER's comments I , 4. 3 - copies of the Final Construction Plans and Speclfla~:ons 5. 1 - Copy of Reproducible Bidding Documents (Plans a a Specifications) Task S - Bidding (Bernard/James) Professional services under this phase shall include, A. Issue addenda as appropriate to Interpret, clarify or expand the bidding documents B Attend the bld opening C. Services provided by OWNER 1. Bidding document reproduction and distribution 2. Advertising 3. Tabulations and contact execution 71isk 6 • Construction Contrwt Adennistration (eernardlJames) Services under this phase involve consulting with and advising the CITY during cotntrvetion and are limited to those services associated with construction contract administration. Such services shall include, A, Attend the pre-construction conference. B. Review shop drawings submitted by the contractor for general compliance with die intent of the design. This item includes boring submittals ordy. C. Issue necessary interpretations and clarifications of contract documents. D. Prepare documentation required to resolve problems due to actual field condidons encountered, E. Prepare record drawings based on the comments provided by the OWNER and the contractor. Since Mimley-Horn will not be providing construction observation services, we will not seal the record drawings, F. Services provided by OWNER 1. Daily project Inspection 1 Review and procesr monthly pay estimates i 3. Prepare change orders i 4. Shop drawing review not provided by consultant O. Hold construction meetings. 1 H. Resolve construction related issues, 1, Deliverable I, 1 • Copy of Record Dreadngs 2. 1 • Reproducible set of Record Drawings 3. 1 • Electronic set of Record Drawings J14 Past 4 x • t/ n tI 5. Schedule We will perform these services upon receipt of an executed copy of this agreement and a Notice To Proceed. We will endeavor to mu;l your scheduling needs. anticipate the following schedule for each task: Task I • Quality Control and Quality Assurance Kick-off meeting after notice to procu4 10 days The remainder of the task will be curled out throughout dx duration of the project Tank 2 • RouW&/Aliptsttestt (Bervuu lJames) Report delivered to CITY, days after 30 days the kickoff meeting. Task 3 • Preliodnary Designs (Beroar'dlJames) Delivery of Preliminary Design report, days after 45 days the approval of the Routing and Alignment Report, Tank 4 • FbW Design Uelivery of 95% plans, days after 45 days approval of the Preliminary Design Delivery of final plans, days after the 30 days receipt of comments on the 93% plans , I Tank S • Bidding Ongoing with bidding f ` Tank 6 • Construction Contract Adminbit atim Ongoing wlth construction END OF EXHIBIT B I O " ' Page S ' 32 x o 0 t ' EXHIBIT C to Agreement Between the City of Denton, Texas (OWNER) and KimlcyHofn and Associates, Inc, (CONSULTANT) for Profcssional Services. COMPENSATION L This is an exhibit attached to, made a part of and incorporated by reference into the Agreement between OWNER and CONSULTANT providing for professional engincating services, 2 CONSULTANT Hill accomplish the work outlined In Tasks I • II presented in Exhibit 'B of tWs Agreement for a lump sum fee of $125,100 for all scope of senices and direct expenses associated with the same i The lump sum foe is composed of the following: Task I • Quality Control and Quality Assurance S 11,700 Task 2 • Routing/Alignmcnt (Bcmard/lames) S 12,500 Task 3 • preliminary Design (Bemard/lamcs) S 52,900 Task 4 • final Design (BernardNames) $40.200 Task 5 • Bidding (Bernard/lanics) $ 1,600 i Task 6 • Corimcdon Contract Admir'stralion (Bemardilamcs) $6.100 1 CONSULTANT will insoice the OWNER foe the value of ti:e psrtially completed services, according to the services accomplished each month on a proportional basis to the oserall project 4. Due to the difficulty in defining a (1Nte Scope of Services for Additional Seniors, CONSULTANT will proside the services described in Ankle 01, Additional Sersices tin a tabor fee plus expense basis Labor fees are to be compeled on the basis of labor hours charged to he project and the KlndeyHorn Billing Rate Sched de in effect at the time sersion are tendered. The current KlmleyHorn Bllling Rate Schedule Is shown below. Direct reimbursable expenses such as expenn mail, fen, oulef•lown truleage (trips in excess of 100 miles) and other direct expenses will be billed at I. l! times. cort. An amount equal to six percent (68/6) of the labor foes still be added to each invoice to cover certain other direct expenses such as in•bouse duphc Ling and blueprinting, faaimite, local mileage, telephone, postage, and word processing computer tithe. Techalcal use of computers for design, tttutysts, and ) graphics, etc will be billed a1$25 00 per hour. All permitting, application, and swlar project fees will be paid direct by the OWNER i I Page 1 Y ran AW M4 iyi,1 25 , ~ ~ VL X O i C i r 1 i t CURRENT HOURLY RAI E SCHEDULE I r Project Manager S 115 1o $I b0 ` Senior Engineer $110 to 5145 Graduate Engineer S75 to S93 4 Engineer/Landscape Architect S70 to $95 Rf LS $70 to S95 Designer $95 to $90 r ! Analyst S70 to S9S r CAD Technician $43 to $75 e Clerical S33 to S45 Survey 3-man craw SISJ 2-man crew $93 Computer $25 Fffecnve through ✓u'y 1, 1999 END OF EXHIBIT C r i I 1 llt i Page 2 K 25 ^ 10 V /r X111Y o 4 BERNARD-JAMES 20" WATERLINE kMOrA ~f 9 u DSEY r u wcer, Y ` r M.,v ~y T I H35 oat a mkp _ olxnax: a s 9,680 Fees of 20" Waterline010, ,~Qyff IWSL W,q N ,mwa ri JAI AA ika HOBSON O PROJECT LOCATION 28 s EXHIBIT I s ?5 r.. i0 32X10 r EXHIBIT C to Agreement Between the City of Denton, Te its (OWNER) and K mley-Hom and Associates. Inc (CONSULTANT) for Professional Services COMPENSATION I. This is ui exhibit attached to, made a put of and incorporated by reference into the Agreement between OWNER and CONSULTANT providing for prafeuional engineering services, 2. CONSULTANT will accomplish the wort outlined In Talks I • I I presented in Exhibit wB of this Agreement for a hump sum fa of f 175,100 for all scope of serv kes and direct expenses asw laced with the same The lump sum fee is composed of the following Talk I • Quality Control and Quality Assurance S 11,700 Talk 2 • Routing/Alitrunent (Bernardilames) f 12,500 Task 2 • preliminary Dnip (Bernudtlames) $52,800 Tuk 4 • Find Design (Bemud+James) $40,20 Task S r Bidding (Bcm&t&James) $ 1,600 Task 6 • Construction Contract Administration (Bernuddames) S 6,1D0 1. CONSULTANT will Invoice the OWNER for the value of the partially completed services, according to the services accomplished each month on a peopomonal basis to the overall project. 1 4 Due to the difficulty In defining it finite Scope of Servkts for Additional Services, CONSULTANT will provide the servkts deuribtd in Article 111, Additional Stmkes on a labor fee plus expense balls. labor fees ue to be computed on the balls of labs Assert charged to the project and the "Icy-Rom Billing Rate Schedule in effect at the time services u- rendered The current Kim{ayHom Billing Rau Schedule is shown below. Direct reimbursable expenses such as exprtu mail, fees, out•o6lown miL•age (tript in excess of 100 miles) and other direct expmu; will be billed at 1 15 titan toss. An r ; amount equal to six percent (6!:) of the labor flee will be added to each invoke to cover certain other direct expenses such u in-house duplicating and blueprinting, facsimile, le:al mileage, telephone, postage, and word processing computer time Technical use of computers for design, analysis, and I graphics, etc, will be billed at S25 00 per hour All permining, application, and slmilu project fees will be paid duect ty the OWNER, f k. ' i 29 Page 1A EXHIBIT I! z 2 x I a X10 ~e p L t~ ?99 Ci~fliTAL IMPROVEMEW PRO T N 99-0461 3112 PROJ TITLE: {I) DISTRIBUTION SYSTEM UPGRADE (BERNARD) ESTIMATED COST: $1,733 t:r 1000) GROUP ASSIGNMENT: 4 1 DESCRIPTION: Lindsey 377 TO Bernard 20' 1000 LF Bernard Lindsey to Jam" 20" 4000 LF Jam" Bernard to 377 20" 3900 LF FM 1330 3771o Hobson 20" 900 LF PURPOSE: This project is necessary to improve water distribution system capacity In accordance with the Mister Plan for meetin peak hour demands, elevated storage tank rolenlehmenl 11 y0 P re flow condlUone and provWe eortUrtued growth Opportunities of the City. ENCUMBRANCES CASH EXPENDITURES BOND REV AIC OTHER TOTA i L40NO REV AIC OTHER TOTAL TOTAL 1ST YR 1N SO 0 0 111 It 1637 $0 10 so 1 111117 TOTAL 2ND YR 0 W 0 0 0 10 SO 0 0 so TOTAL 3RD YR 0 0 0 0 0 SO 10 0 0 so GRAND TOTAL $N f0 10 SO 8% $1487 w w so 1141,1117 ENCUMBRANCE SATES: Encumbered is spent PHASE DATE AMOUNT OBJECT0 • Surveying 10197 121 1"ll Design 1'497 175 3360 Inspection 411/99 145 04,112 Construction 0"l 11642 1131 ENCUMBRANCE TOTAL 11,733 ' • COMMENTS: This Is a mull ear rorcl • N P 1 beginning In 1191. Encumbrances Prior to 1142, 10,000 Current CIF 11,07,000 Total Project I3udirt &1319114:12 ~YNIFiIT III o 32X;..1 0 0 Agenda No J Ap-mda Item AGENDA INFORMATION SHEET AGENDA DATE: Oclober 6,1998 DEPARTMENT: utilities Admialstration ACM: Howard Martin, 349-8232 S J AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE ` CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH ALAN PLUMMER ASSOCIATE, INC. FOR PROFESSIONAL. SERVICES REGARDING DENTON'S WASTEWATER TREATMENT AND SOLID WASTE DISPOSAL LONG TERM FACILITY/LAND USE PLANNING EVALUATION AND OTHER PROFESSIONAL ENGINEERING SERVICES REGARDING THE PECAN CREEK %VRP; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND According to TNRCC 75/90 Rule, City of Denton should be in the design process now to add more capacity for treatment of waslewatcr. Recognizing the need for expansion of j treatment facilities, staff has initiated a land use evaluation of the existing Water Reclamation Plant site. There are some fundamental questions regarding addition of capacity that need to be answered. Should the existing plant be expanded or should a new plant be constructed along Hickory Creek? Also, how does the possible limitation by TNRCC on pollutant load on Pecan C eek affect the expansion capability of the Pecan Creek WRP? A nCw dimension in operation of the water reclamation plant is the Risk Management Plan (R%1P) that affects the type of disinfectant used at the plant. EPA has mandated all tl treatment facilities to develop a RhiP. Under the new criteria, use of chlorine, ammonia, and sulfur dioxide is regulaled muds more stringently. An engineering evaluation of the disinfectants is necessary in light of new regulations. Direct reuse of the effluent from the plant if used for irrigation purposes has a bearing on the type of disinfectant used due to cost considerations. Both these issues need to be addressed to conic up with the most cost effective and safe disinfection process. A ~ 0 O Solid Waste is in the process of completing Phase 1 of the Landfill Expansion Project. 1 The Solid Waste Department is proposing the construction of a Materials Recovery Facility (MRF) near the LariMiill and existing Wastewater Treatment Plant. Space for land uses, which are complimentary 'o the MRF, should also be identified. 1 32 ID . c t Other facilities considered by the staff for location in this area include a maintenance facility for heavy equipment and an administrative building for Solid Waste and Wastewater. Movement of the entire Solid Waste function to this area would also require space for the vehicles and equipment. As the landfilL'wastewatcr treatment plan site develops further, it is imperative that programmed land uses function efficiently and that th,;y are located properly in relation to each other. To address the above conc ems, staff solicited a proposal from Alan Plummer Associates, Inc. The consultant's scope of work would address planning for a 50-year time horizon. The consultant would address issues related to additional wastewater treatment capacity, water reuse, disinfection, existing landfill site, vehicle storage and maintenance facility,r personnel facility, composting operations, material recovery facility, future expansion and land purchase recommendations. Alan Plummer Associates, Inc, de; igned the last expansion of the Pecan Creek WRP and is intimately familiar with all wastewater and landfill operations of the City. The consultant's proposal is included in Exhibit 11. PRIOR ACTION/RFYI •W (Council Boards Commissional Public Utilities Board approved this item on September 21, 1998. FSTIhIATED SCHEDUI E OF PROJECT The project is scheduled to be finished by October 16, 1998. N FISCAL INFORNIA110 Project will be funded jointly by Landfill and Wastewater Operations from current revenue from 1997.1998 Budget Year. Respectfully submitted, • i ]ill rdan, F ireci for Water Utilities EXHIBIT 1: Location Map EXHIBIT I1: Alan Plummer Associates, Inc. Proposal r , i ` 25x ~7 32xI❑ • O n ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH ALAN PLUMMER ASSOCIATES, INC. FOR PROFESSIONAL SERVICES REGARDING DENTON'S WASTEWATER TREATMENT AND SOLID WASTE DISPOSAL LONG TERM FACILITY/LAND USE PLANNING EVALUATION AND OTHER PROFESSIONAL ENGINEERING SERVICES REGARDING THE PECAN CREEK WRP; AUTHO.RIZiNG THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council deems it in the public interest to employ Alan Plummer Associates, Inc. to provide professional engineering services for Denton's wastewater treatment and solid waste disposal, long term facilitylt^hd use planning evaluation and alternative disinfection strategies evaluation for the Pecans Creek WRP; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I: That :he City Manager is hereby authorized to execute the attached Professional Service Agreement for Demon's Wastewater Treatment and Solid Waste Disposal, Long Term FacilitylLand Use Planning Evaluation and Alternative Disinfectant Strategies Evaluation for the Pecan Creek WRP with Alan Plummer Associates, Inc,, which attached Agreement is made a part of this ordinance for all purposes. UCTIQN II: That the City Council hereby authorizes the expenditure of funds in the manner and amount as specified in the agreement. SECTION III: That this Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _ day of '1998. 1 JACK MILLER, MAYOR nr, • ATTEST: I JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUN, CITY ATTORNEY BY: C11dALWoL1\&Wo deprL0L*x Db n* NRdiruMIAWan Fjwnnw ordnenn, doe 32XIO s , • p i , 'JAW" 't PROFESSIONAL SERVICES AGREEMENT FOR DENTON'S WASTEWATERTREATMEN'r AND SOLID WASTE DISPOSAL , LONG TERM FACILITY/LAND USE PLANNING EVALUATION AND ALTERNATIVE DISINFECTION STRATEGIES EVALUATION FOR THE PECAN CREEK WATER RECLAMATION PLANT i STATE OF TEXAS § COUNTY OFDENTON § THIS AGREEMENT is made and entered into as of the day of , 19 , by and between the City of Denton. Texas, a Texas mun,cipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76291, hereinafter called "OWNER" and Alan Plummer Associates, Inc„ with its corporate office at 7524 Moiser View Court Suite 200, Fort Worth, Texas 76118, hereinafter called "CONSULTANT," acting herein, by and through their duly authorized representatives. WITNESSE"I 11, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE J EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with the CONSULTANT, as an independent contractor, and the C'ONSULTANi hereby agrees to perform the services herein in connection with the Project as stated in the sections to follow, with diligence and in accordance with the professional standards customarily obtained for such sen ices in the State of Texas. The professional services set out herein are in connection with the following described project: Provide engineering services for developing a 50 year plan for wastewater treatment and landfill expansion. For wastewater treatment services evaluate options of additonal wastewater ^ treatment capacity at the Pecan Creek Waler Reclamation Plant (WRP► or a new plant site, • impact of disinfection altematives on wastewater reuse, and disinfection alternatives at the WRP. For the landfill evaluate existing landfill site, vehicle storage and maintenance facility, personnel facility, rompostmg operations, material recovery facilely, future expansion and land purchase recommendations for the 50 yea - time horizon IR ICLE II . SCOPE OF SERVICES f ~ O • } T'he CONSULTANT shill pcrforn the following services in a professional manner: l A To perform all those services set forth in CONSULTANCs Scope of Work, which proposal is attached hereto and made a part hereof as Exhibit "A" as if written word for word herein. . 4 2~ 1~ 32x10 • E . B. If there is any conflict between the terms of this Agreement and Exhibit "A" attached to this Agreement, time terms and conditions of this Agreement will control over the terms and conditions of the attached exhibits or Wk orders. ARTICLE 111 ADDITIONAL SERVICES Additional sen,icas to be performed by the CONSULTANT, if authorized by the OWNER, which are not included in the above-described Basic Services, are described as fol lows: A. During the course of tha Project, as requested by OWNER, the CONSULTANT will be available to accompany OWNER's persortncl 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 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 fumished 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 applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. E. Appearing before regulatory, agencies or courts as an expert witness 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 theOWNFR, F. Providing geotcchnical investigations for the site, including soil borings, related analyses, and reeommendutions. ~ ARI IC I , l • PERIOD OF SERVICE This Agreement shall become effective upon execution of this Agreement by the OWNER and the CONSULTANT and upon issue of a notice to proceed by the OWNER, and shall remain in force for the period which may reasonably be required for the completion of the Project, including Additional Services, if any, and any required extensions approved by the OWNER. phis Agreement may be sooner terminated in accordance with the provisions hereof. 0 Page 2 ' 10 32 X I a , o Time is of the essence in this Agreement, The CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule , established by the OWNER, acting through its City Manager or his designee. ARTICLE V CO'IPF.NSATION A. COMPENSATION TERMS: I. "Subcontract Expense" is defined as expenses incurred by the CONSULTANT in employment of others in outside firms for services in the nature of professional engineering, 2. "Direct Non-Labor Expense" is defined as that expense for any assignment incurred by the CONSULTANT for supplies, transportation and equipment, travel, communications, suhsistence, and lodging away from home, and similar incidental expenses in eonnecuon with that assignment. D BILLING AND PAYMENT: For and in consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay, based on the cost estimate detail at an hourly rate shoAn in Exhibit "A" %%hich is attached hereto and made a part of this Agreement as if written word for word herein, a total fee, including reimbursement for direct non labor expenses not to exceed $52,936. Partial payments to the CONSULTANT will be made on the basis of detailed moo•hly statements rendered to and approved by the OWNER through its City Manager or his designee; however, under no circumstances shall any monthly statement for services exceed the vahte 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 th, lams 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 is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense, or reimbursement above the maximum not to exceed fee as stated, without first ha%ing obtained written authorization p from the OWNER. The CONSULTANT shAl not procce i to perform the services listed in Article III "Additional Services," without obtaining prior written authorization from the OWNS R, Page 3 10 .32x 0 mows r 0 I` 6 C. ADDITIONAL SERVICES: For additional services authorized in writing by the OWNER in Article 111, the CONSULTANT shall be paid based on the Schedule of Charges at an hourly rate shown in Exhibit "A." Payments for additional services shall be due and payable upon submission by tho CONSULTANT, and shall be in accordance with subsection B hereof. Statements shall not be submitted more frequently than monthly. i D. PAYMENT: [f the OWNER fails to make payments due the CONSULTANT for j services and expenses within sixty (60) nays afler receipt of the CONSULTANT'S undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month from the said sixtieth (6dh) day, and, in addition, the CONSULTANT may, after giving seven (7) days' written notice to the OWNER, suspend services under [his Agreement until the CONSULTANT has been paid in full all I 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 hereie if the OWNER reasonably determines that the work is unsatisfactory, in accordance with this Article V, "Compensation." ARTICLE Vl OBSERVATION AND REVIEW OF TIIE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any subcontractors or subconsuhants. i ARTICLE ~ it ' O\1'NERSIHP OF DOCUMENTS i All documents prepared or furnished by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and shall become the property of the OWNER upon the termination of this Agreement. The CONSULTANT is entitled to retain copies of all such documents, The documents prepared and furnished by the CONSUI TANT are intended only to be applicable to this Project, and OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense. In the event the OWNER uses any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified herein, CONSULTANT is released from any, and all liability relating to their use in that project. ` AftT1EF VI INDEPENDENT CONT'RAC'TOR s o • CONSULTANT shall procidc services to 041'NER as an independent contractor, not as an employee of the OWNER. CONSUI: TANT shall not have or claim any right arising from employee status, Page 4 7 32 x I D e 0 1 I , I ARTICLE. 1\ INDENINITY AGREF.DIENT The CONSULTANT shall indemnify and sage and hold harmless the OWNER and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the OWNER, and including, without limilation, damages for hodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. , Nothing in this Agreement shall be construed to create a liability to any person who s not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE X INSURANCE During the performance of the sen ices under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: A. C'omprehemi%r Gcncral Liability Insurance with bodily injury limits of not less than S500,000 for each occurrence and not less than 5500.000 in the aggregate, and with property damage limits of not less than S100,000 for each occurrence and not less than $100,000 in the aggregate. 1 13. Aute'nobile Liability Insurance with bodily injury limits of not less than 5500,000 for { each person and not less than $500,000 for each accident, and with property damage limits of not less than SIM,000 for each accident. , C. Worker's Compensation Insurance in accordance H ith statutory requirements, and Employers' Liability Insurance w ith limits of not less than $100,000 for each accident 0. Pr0f"5i0nal I lability Insurance wish limns of not less than 51,000,000 annual aggregate. t A I L. 'The CONSULTANT shall furnish insurance certiricates or insurance policies at the p ON%NER's request to c0dencc such co%etagcs. The insurance politics shall name the ONVINER as an additional insured on all such policies except processional liability and Worker's C'ompcrtcation, and shall contain a provision that such insurance shall not be canceled or modified without thirty (30) days' prior %sritten notice to OWNER and Page 5 a 32x s 0 CONSULTANT. In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation, sere - suhstitute policies furnishing the same coverage, , ARTICLE NI ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution, such as mediation, No arbitration or alternate dispute resolution arising out of or relating to this Agreement, involving one party's disagreement, may include the other party to the disagreement without the other's approval ARTICLE XII TERMINATION OF AGREEi1t'M A. Notwithstanding any other provision of this Agreement, either party may terminate by giving thirty (30( da)s' advance written notice to the other party. This Agreement may be tcrtninatcd in whole or in part in the event of either party suhstantially failing to fulfill its obligations 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 an opportunity for consultation with the terminating party prior to termination. C. If the Agreement is terminated prior to completion of the services to be provided hereunder, C'ONSULTAN I shall immediately cease all services and shall render a final hill for services to the OWNER u ithin thirty (30) days after the date of termination. The OWNFR shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of termination, in accordance uith Article V "Compensation," Should the OWNER subsequently contract with a new, consultant for the continuation of services on the • Project, CONSULTANT shall cooperate in providing information. The CONSULTANT Shull turr, orer all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but may maintain copies of such docum- fix its use I ,R jU'E,X111 • RESPONSIBILITI MR( LAIMS AND LIABILIIIES o • ~ Approval by the OWNER shall not constitute, nor he deemed a release of the responsibility and liability of the CONSULTANT', its employees, associates, agents, subcontractors, and suhconsultanls for the accuracy and competency of their designs or other work; nor shall such approval he deemed to be art assumption of such responsibility by the i Pagc 6 0 ~I i x~❑ 32XIO e • o • OWNER for any defect in the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents, and consultants. ARTICLE X1% NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally &,vered or mailed to the respective parties by depositing same to the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing: To CONSULTANT: To OWNER: Lee H.-ad, Principal City of Denton Alan Plummer Associates, Inc. Howard Martin 7524 Mosier View Court Assistant City Manager/Utilities Suite 200 115 East McKinney Fort Worth, Texas 76113 Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mailing ARTICLE, S1' ENTIRE AGREEMENT phis Agreement, consisting of 10 panes and i exhibit, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the teens of their ag-cements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof 1 ARTEC'[.FN U SF,1'FRAfl1L1TY If any provision of this Agreement is found or dcented by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reldnu this Agreement to replare srch stricken provision with a valid and • enforceable provision which comes as close as po. siblc to expressing the intention of the riricken provision 0 Page 7 10 75 K ~U 32x~0 r O I k TICLE XN [M COMPLIANCE 11 [I'll 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 XVI[[ 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, ag or physical handicap. ARTICLE X1 PERSONNEL. A. The CONSULTANT represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, er have any contractual relations with the OWNER. CONSULTANT shall inform the OWNER of any conflict of interest or poteatial conflict of interest that may arise during the term of this Agreement. B. All services required hereunder will be performed by the CONSULTANT or under its supervision. All personncl engaged in work shall be qualified, and shall be authorized and permitted under stute and local laws to perform such services. -KT[CLE N\ ASSIGNABII.11 Y the CONSULTANT shall not aLsign any interest in this Agreement, and shall not ' transfer any mtctest in this Agreement (vOwthcr by assignment, novation, or otherwise) without the prior written consent of tht OWNER. , NIODIFICA'I'[ON "T J( I'F' XXI No wai%cr or modification of this isgrecmcnt or of any cosenant, condition, or limitation herein co stained shall he salid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offeted or received in evidence p in any proceeding arising between the parties hereto out of or affecting this Agreement, or th- rights or obligations of the parties herrwtdcr, and unless such waiver or modification is in writing and duly, executed; and the panic. farther agree that the provisions of this section will not he waited unless as set forth herein, fage3 1~ tD I A &IKLE }:MII MISCELLANEOUS , A. The following exhibits are attached to and made apart of this Agreement Exhibit "A". B. CONSUL i ANT agrees that OWNER shall, until the exriration of three (3) years after the final payment under this Agreement, have access tc and the right to examine any directly pertinent beoks, documents, papers, and records o! the CONSULTANT involy ing transactio is relating to this Agreement, CONSULTANT agrees that OWNER shah 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 sh,,Il 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 ccnstr ed in accordance with the laws of the State of Texas, D. For the purl,osc of this Agreement, the kcy persons v.ho will perform most of the work hereunder shall be Lee head. tlowevcr, nothing herein shall limit CONSULTANT front using other qualified and comp tent members of its finn to perform the services required herein. E. CONSULTANT shall contm:nce, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof h, accomplishing the projects. CONSULTANT shall take such steps as are appropriate to ensure that the work invoked is properly coordinated with related wcrk being carried on by the O%%'NE.R. 1r. The OWNER shall ass :t the CONSULTANr by placing at the C'ONSULTANT's .!is wr; all aveiluhle infomtation pertinent to the Project, including previous reports, any other data rclatire to the Project, and arranging for the access tEcreto, and :rake all ^ provisions for the CONSULTANT to enter in or upon public and private property as O required for the CONSULTANT to perform services under (his Agreement. C,. Ilie options of this Agreement arc `rr informational purposes only, and shall not in any ~ way affect the suhsiantive terms or eondirions of this Agreement. IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be t xecu(ed by its duty authorized City Managcr, and CONSULTANT has execr-ted this Agreement ' A through its duly authorized andcrsigned officer on this the ____day of - _ p • 19 i • Page 9 w WI. , C), I C 32X10 T r awiara E CITY OF DENTON, TEXAS f J Mike Jez, CITY MANAGER 1 ATTEST: JENNIFER WALTERS. CITY SECRETARY BY• APPROVED AS TO LEGAL FORM: HERBERT L, PROUTY, CITY ATTORNEY BY: - CONSULTANT 'Ac~N R Tvcr.,` , YI i^~]pal 1 WITNESS: 1! t f BY: E I 1 n Page 111 13 32 xe~ LANDFILL AND "VVTP PROPERTY cO 00 'a `V CL o • j Olin (NI 711 AMA 11' f 1. Q r i ~'f~fUII~ A i EXHIBIT 1 _ • N9ar M i 0 a cxs>tara ' Scope of Work Denton !4'astewater Treatment,' Solid Waste Long-Term Planning Evaluation A- Wa<t waterTreatm ll i in conjunction with City personnel, develop long-term population projections (50 )ear) using the City's current impact fee population projections a?d population distributions, the NCTCOG afea•wide population projections and TSZ disinbutions, and TW`DB long-term population projections for the Citys wastewater service area and the Hickory Creek and Clear Creek drainage basins within the CiWs service areas 2 Based on the population projectiorSli developed in Task At, develop projected wastewater now rates for the City's entire wastewater service area and the Hickory Creek and Clear Creek drainage basins. Wastewater flow generation will be based on the projected populations, extrapolating histoncal per capita flow rates as provided by the City, and eslimates of commerciaVindustnal flow contributions and IR rates Project potential discharge paramelers for discharging into Pecan Creek and Hickory and Clear Creeks ve rates projected at the flo I 4 Locate general areas to site a satellite w asiewater treatment plant in the Ilukor.' Creek basal and the Clear Creek basin S Develop an ov eeview waslewater treatment site master plan and expansion implementation plan for the Pecan Creck WWTP both with and without satellite treatment plants in the Hickon l Creek and Clear Creck basins Include an altemative disinfection evaluation to the current chlonne'dechlonnation practices used at the %N'WTP Consider the impact of w aslew atei reuse on the various alternative disir.fecnon options Also, include the impact of the EPA's Clean Air Act and AAPP reclutrenients G Develop plaruung level opinions of cast for each ahematwe wastewater plan ev aluated in Task AS 7 Prepare a Technical Hemoruidum describing the e4tiatior< aid results and submit five • copies in Draft form for Cin review } g Incorporate ant comments from the City siatTand submit 20 Oval copies the Technical t, Ptemoianduin to the C n kl : w 8~oliQ 11'aste • 0 • I (A) Aev iew avaifabl: data and information presented b) the Can. (B) gather data for areas required per produ<. on rate. and (C) identil` key functions and features of each facilm Arr 2 Using population pr>)eci ons determined in Task At (under Wastewater Treatment) prepare production races of similar operations and determine population per product 1. I:Ii Yr "Y ~?5 10 32X O r rt t 3 Translate population per product to acres per product for the following products ; A Vehicle storgge and maintenance facihn B Personnel factiLq C Composting operations U Material reco%en, facility Wood products 2 Cardboard and paper baiting 3 Concrele4sphaltrecycling 4. Aluminum products 4 Identify area for scales at landfill S Identify area for eanhen metenal storage for landfill 6 Plan areas for expansion with minimal relocation at a later date 7 Prepare a map designating areas for ea:h facility/operation along with traffic flow directions 8 Identify alternate methods of landfill organization, and work with City staff to select the optimum method 9 Recommend key land purchases required to m&i imize operations efficiency Des elop a proposed implemenrstion schedule ' C . ~1_ . tettrRStS '1 I I Include S separate 4-hour meetings H ith the City staff during the course of tha e%aluation f J4tal Cost Lump Sum 544,000 (ex~ tudmg altemati%e disinfection etaluation) Lump Sum $53,000 (including ahematite disinfection eialuauon) I. : !i A ' I 1 r: 0 w ' 4 25 s ~a 32XIO n i l I • I _.............,......._....,.,..,.ti«,......._.,..,:.,.....,.;,.,.,n«µuvw~ar.,r.►,uh7Hya?vaabll4s'F?NfatMi31'M.NA+R+kaN'tt~'LV19M #a'' WASIEWAI EA tREATME NTrSOI.IO WASTE IONG.TE AM Pl.AkWJM BUDGET AUGUST !S 1119 - Clepae w,w PC nE IECI/ TI WP fabl A.e,e* 01'101e PM lM•I f~10 too Iro 61x0 /b IM Iner♦,Y pvcwi i tot A Wo4•M1 _ - _3_111 1 V~u4MnVN~t-_,~ 0 If 0_ D 0 N f1110 i e6ra.t o o o o _I WO 71x P 0 1 D 1 fe10 16111 rwemuiQaAr %m~b " t i1x 1 o w, s in /1 s1D 1l 12% wnin,lw_r, M~M!ew~b.n,rw Sne Melln P11 IU A _ o a x 6 u_e n 'drug -1 1e ` D a e yw tzs 1 10 t 0 11 x !0610 `I rr 1 rkw Nel RMw.lmmw'1.-. 1---1 -~._I - 1 _ 0 e 70 11600 141% 144 _u $1? 26 fall 6N1dNIM R - - 0 __s --6 Lp $l!fP -tUA1 1 (Y,iwia MU Dw~JImeNt G 11 C _--0 N I11 168% % l a1k 5.01 0 0 _ 0 1 11A 20 060% 4M _ 1770, _ 1Ow% 1 a, rr 5le WOw ►yn MeL_ _~-1 16 - b 1 0 M tt, 160 IYI ~ o _ 1 oa ]l6x s • R„~kp "~^f'"r-b - - - ° _ o _ 0 0 1 k,%o i 11x . -a w LIDO IDxx to w„ueyrl -_""0 20 10 N 71.N 124 it fe M ~n NO - lllx C n•inlMw4 yi M » 1 Y M 61 W In1 D h wl MenIeMM lrix . fntl 6NUnA_I DWIea\M 1, N~16wi - sd - ]t6 IM N i6 MI HIW If.Nx - IY IU ftl_W IN /M _ f f1 It If tNx a_ \ ,tax IM 11rn~e1 _ _ __LOP!! Repwlwww _ _ - 11D ogs - - fw e>t_r ~ Irvplw+ lsy Q~tp,a lf0 - - 111\ ury.ee plTSrwq.{rs,ran r\lw.rl _ _ IIM - M1UtrM•M~upe-NI _6~H1 _ INS ,..~„vwwunr.rlriMr l C] 32x' 4,4 ' 0 Ag"O No Agenda Ile n Dale AGENDA INFORNIATION SHEET AGENDA DATE: October 6, 1998 DEPARTNIENT: Utility Administration ACM; Howard Martin, 349.8232 SUBJECT AN ORDINANCE AUTHORIZ N6 THE CITY MANAGER TO EXECLTE A PROFESSIONAL SERVICES AGREENfENT FOR DENTON'S HAZARD REDUCTION/ELIMINATION STUDY AND ASSISTANCE WITH RISK NIANAGEMENT PLAN PREPARATION FOR WATER AND WASTEWATER PLANTS WITH CAROLLO ENGINEERS, P.C.; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFIECTIVE DAT E. BACKGROUND The 1996 Clean Air Act Amendments require all facilities which transport, store or utilize certain hazardous materials to develop Risk Nlanagcmcnt Plans ( MIPS ) by June 21, 1999. These regulations will impact the water treatment and wastewater treatment plants since they both utilize listed hazardous materials at their facilities. In anticipation of the potential for public involvement and concem with this issue, staff has been working to develop RMPs for these two treatment facilities and to evaluate altemative li disinfection processes to eliminate onsile storage and handling of gaseous chlorine, anhydrous amnnmia, anu sulfur dioxide. The intent is to provide the Public Utilities [Board, City Council and citizens of Denton with better infortnation concerning these alternatives and -,o establish future direction for capital planning and preparing operating budgets. The :ngincering services contract with Carollo Engineers is designed to accomplish two goals. The first is to evaluate the economic and technical merits of existing altemative disinfection technologies to eliminate hazardous materials at the e Spencer Road Water Treatment Plant. The second is to assist the City of Denton Waler Utilities staff in the dc%elopment of RMPs to comply with the 1996 Clean Air Act, The process for the selection of the consultant was based upon a two step process. The City of Denton issued a Request for Qualifications ( Exhibit i ) to five engineering firms which had extensive prior background in performing hazard elimination analysis and development of RMPs. From these responses, staff selected the most qualified team and solicited an Engineering Services Proposal and negotiated a contract agreement Carollo Q • Engineers teamed up with Duke Eogineerin;,, and Services and were selected for this project, Their response to rite City's Request for Qualifications and Engineering Services Proposal arc included in [lie backup (Exhibit H R 111). 1 3? X LJ 1 f : .r , ~ .:try^A', a, 'LU, N'ia+AM, h0:,y:,,~ , r..,rzyc. ~ I I i I PRIOR ACTION/REVIEW (Council. Boards. Commissions) I Public Utilities Board approved this item on September 21,1998. i ESTIMATED SCHEDULE OF PROJECT The hazard elimination assessment should be completed by early January of 1999, The RMP assistance effort will likely continue until the June 21, 1999 compliance deadline. FISCAL INFOMIATLQN The hazard elimination assessment has a well-defined scope of services and will be contracted on a fixed fee basis for a total amount of $36,269. The RMP assistance portion of the project will be performed on an hourly fee basis with a not to exceed limit of $24,201. Funding for the project will come from the following FY 1998-99 operating budget accounts: ACCOUNT FY 1998.99 BUDGET EXPENSE FOR THIS PROJECT 620-081.0450-850: $190,400 $39,303 625.082.0451.8502 S 39,200 $21 167 Total $229.600 $60,470 Respectfully submitted: Jill ] dan, Dir tot Water Utilities i" I Exhibit L Engineering Services Proposal from Carollo Engineers Exhibit II; Public Utiliticti Board Agenda Information Sheet i 25 Q i 32XIO LAL~ • a ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR DENTON'S HAZARD REDUCTIONIELIMINATION STUDY AND ASSISTANCE WITH RISK MANAGEMENT PLAN PREPARATION FOR WATER AND WASTEWATER PLANTS WITH CAROLLO ENGINEERS, P,C.; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION L That the City Manager is hereby authorized to execute a Professional Services Agrceme it with Carollo Engineers, P.C. for Denton's Hazard Reductiotv'21imination Study and Assistance with Risk Management Plan Preparation for Water and Wastewater Plants, substantially in the form of the Agreement which is attached hereto and incorporated herein by reference. SECTION II: That the expenditure of funds as provided in the attached agreement is hereby authorized. SECTION ILL That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the _ day of 11998. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS. CITY SECRETARY • BY:_ - APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, Cl 1' TT Y B1 94 r.sw,rr.Nnrrrcntar . 3 32 10 0 IVA 1 PROFESSIONAL SERVICES AGREEMENT FOR PENTON'S HAZARD REDUCT10N/ELIM[NATION STUDY AND ASSISTANCE WITH RISK MANAGEMENT PLAN PREPARATION FOR WATER AND WASTEWATER PLANTS STATE OF TEXAS § COUN TY OF 1ti.NTON § THIS AGREEMENT is made and entered into as of the _ day of _ , 19 by and 1?e(,Aecn 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 C',wollo Engineers, P.C., + ith its corporate office at 5440 Harvest I]ili Road, Suite 237, Dallas, Texas 75230, hereinafter called "CONSL'LT'AN"f," acting herein, by and through their duly authorized representatives, "'1TNESSE fH, that in consideration of the cotenants and agreements herein contained, the parties hereto do mutually agree as follows: ART CLF. EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with the CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the senices herein in connection with the Project as stated in the sections to follow, with diligence and in accordance with the professional standards customarily obtained for such services in the State of Texns. T he professional services I set out herein are in connection tsith the folloising described project: I the Project shall include. without limitation, a Hazard Reduction'Elimination Study (11R1':S) and Assistance with a risk Management Plan Study (RAIL'). 'Ihe purpose of the TIRES is to evaluate options to reduce the risks associated with hazardous chemicals or eliminate the risks totally by using nonhazardous chemicals for the disinfection processes. ]his portion of the j study will be conducted primarily for the tsatcr treatment plant; houcver, an evaluation of the existing disinfection process will he conducted for the waslcHatcr treatment plant, The RMP portion of this study will consist of assistance and rct icw of (he City prepared Risk Management Plans for the Spencer Road Water I reatr;.nt Plant and the Pecan Creek AVastctsatcr Treatment Plant. o is K r , I 32x ts lo o i i ARTiCLF 11 BASIC SERVICES The CONSULTANT shall perform the following stn ices in a professional manner. A. To perform all those services set forth in CONSULTANT's Scope of Engineering Services, which proposal is attaches' L:reto and made a part hereof as Exhibit "A" as if written word for word herein. B. If there is any conflict between the terms of this Agreement and Exhibit "A" attached to this Agreement, the terms and conditions of this Agreement will control over the terms and conditions of the attached exhibits or task orders. ARTICLE. III ADDITIONAL SERVICES Additional services to be performed by the CONSULTANT, if authorized by the OWNER. +hich are not included in the above-described Basic Services. are described as follows: A. During the caurse of the Project, as requested by OWNER, the CONSULTANI will be available to accompany OWNER's personnel when meeting with the Texas Natural Resource Consenation Commission, U.S Environmental Protection Agency, or other regulatory agencies. the CONSULTA.`.T wi'! assist OW'NE.R's personnel on an as- needed basis in preparing compliance schedules, progress reports, and providing general technical support for the OWNER's compliance efforts. r[. Assisting OWNER or contractor in the defense or prosecution of litigation in connection with or in addition to those services cnntemplated by this Agreement. Such services. if \ any. shall be furnished by CONSULTANT' on a fee basis negotiated by the respective parties outside of and in addition to this Agreement. C. Sampling, testing, or analysis beyond that specifically included in Basic Senices. D. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. I:. Appearing before regulatory agencies or courts as an evpcn witness in any litigation with third parties or condemnation proceedings arising from the development or construction !9 of the Project, including the preparation of engineering data and reports for assistant: to 0 • the OWNER. F. Providing geolechnical investigations for the site, including soil borings, related analyse. and recommendations. I Page 2 25 1u 32X~❑ 1 E ARTICLE IV PERIOD OF SERVIC F. This Agreement shall become effective upon execution of this Agreement by the OWNER and the CONSULTANT and upon issue of a noiiec to proceed by the OWNER, and shall remain in force for the period which may reasonably he required for the completion of the Project, including Additional Services, if any, and any required extensions approved by the OVJNER. This Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the essence in this Agreement. The CONSULTAN T shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and io meet Ilse schedule established by the 01VNFR, acting through its City Manager or his designee ARTICLE 1 COMPENSATION A. COMPFNSA flON TERMS; I. "Subcontract Expense" is defined as :xpenses incurred by the C'ONSULTAN'T in employment of ethers in outside firms for services in the nature of professional engineering. 2. "Direct Non-Labor Expense" is defined as that expense for any assignment incurred by the CONSULT'ANF for supplies, transportation and cou(pment, travel, communications, subsistence, and lodging away from home, and similar incidental expenses in connection with that assignment. B. BITTING AND PAYMENT: For and in consideration of the professional services to be performed by the C'ON5ULTANI herein, the 0ANTR agrees to pay, based on the cost estimate detail at an hourly rate shown in Fxhihit "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 expcnsct~ not to exceed 560,470 which amount cons:, ;s of a lump stmt nut-to-exceed amount of $36.269 lisr the Tla7ard Reduction'Eliminatioi Study, based upon men[ l) billings based on a percentage of work completed, and a not-to-exceed amount of $24.201 for special tasks based upm monthly billings at hourly rates described in Vxhibit "A", such special tasks to he performed and paid only for the Risk Management Plan portion of the project, Pailial pa) nicnts to the CONSUL TAN I w(II be made on the basis of detailed monthly 0 statements rendered to and approved by the OWNER through its City Manager or his • designee, however, under no circumstances shall any monluly statement for services I exceed nc% value of the work performed at the time a statement is rendered. The OWN1 R may withhold the final five percent (311x) of the contract amount until completion of the Project. (i Page 3 ~ 7f~' 2 Y ri :32 x Ll A r_ 00&V~ I~ • 1 I{( Nothing contained in th's Article shall require the OWNER to pay for any work which is unsatisfactory, as reasonably detcmtined by the City Manager or his designee, or which is ^ not submitted in compliarcc with the terms of this Agreement. The OWNER shall not be i required to make any payments to the CONSULTANT when the CONSULTANr is in default under this Agreement. It is specifically understood and agr:cd that the CONSULTANT shall not be a; .horized to undertake any work pursuarl to this Agreement which would require additional payments b:r the OWNER for any charge, expense. or reimbursement above the maximum not to exceed fee as stated, without first having obtained written authorization ^,im tLe OWNER. The CONSULTANT shall not proceed to perform the services listed in Article [I1 "Additional Services." without obtaining prior written authorization from the OWNER. C. ADDITIONAL SERVIC'E'S: For additional services authorized in %',riting by the OWNER in Article Ill, the C•ONST"LTANT shall be paid based on the Schedule of Charges at an hourly rate shown in Exhibit 'W" Payments for additional services shall be due and payable upon submksion by the CONSULTANT, and shall be in accordance with subsection B hereof. Sinter, ents shall not he submitted more frequently than monthly. D. PAYNILNT! If the OWNE'.R fails to make payments due the CONSULTANT for services and expenses within sixty (60) days after receipt of the CONSULTAN I's undisputed statement thereof, the amounts due the CUNSULT'ANT" will be increased by the rate of one percent 0%) per month from the said sixtieth (60'°) day, and, in addition. the CONSULT'AN'T may, after giving seven (7) days' written notice to the OWNER. suspend services under this Agreement until the CONSULTANT has been paid in full all amounts due for service, expenses, and charges, provided, however. notb' herein shall regr;re the OWNER to pay the late charge of one percent (1%` set forth herein if the OWNER reasonably determines that the work is unsatisraciery, in accordant- with this Article Vr "C'ompen;ation.' ARTI ' E_VI OBSERVATION ANT) REVIEW OF THE WORK the C'ONSUTAAN1 will exercise reasonable care and due diligence in discovering and pr+r plly rcporling to the ONNT':R any defects or dcGciencies in the work of the CON 5111, [AN I,,r any subcontractors or subconsuitants. A-R-ULL Vll ON NERSIIIP OF DOCUMENTS ~t9as All documents prepared or furnished by the CONSULTANT' ;and CONSULTANT"s subcontractors or subconsultants) pursuant to this Agreement are instrume„ts of service, and shall Excomc the property of the OWN111 upon the termination of this Agreement. the C'ONSULTANI' is entitled to retain copies of all such documents. The documents prepared and Page 4 7 10 32X10 1 S i amp r O 1 furnished by the CONSULTANf are intended only to be applicable to this Project, and 0W'NER's use of these documents in other projects shall be at OWNER's sole risk and expense. ' In the event the OWNER uses any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified herein, CONSULTANT is released from any and all liability relating to their use in that project. ARTICLE Vil1 INDEPENDENT CONTRACTOR CONSULTANT shall provide services !o OWNER as an independent contractor, not as an employee of the OWNER, CONSUL FAN I shall not have or claim any right arising from employee status, ARTICLE IX INDE►INITY AGREEMENT The CONSULTANT shall indemnify and save and hold harmless the OWNER and its officers, agents, and employees from and against any and all liability, claims, demands. damages. losses. and expenses, including, but not limitLd to court costs and reasonable attorney fees fncuned by the OW'NFIR, and including, ssithout limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the C'ONSULI'AN f or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any, claim, cause of action. or litigation filed by anyone not a party to this Agreement, including the defense of gowmmental immunity, which defenses are hereby expressly reserved. MI(LEX IN'SURANC'E During the performance of the services under this Agreement. CONSULG1NT shall maintain the following insurance tsith an insurance c mpany licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with [lest Rate Carriers of at least an A• or above: r A. Comprehensive General Liability Insurance with bodily injury limits of not less than ;,''0.000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than $100.000 for each occurrence and not less than O S 100,000 in the aggregate. u W Automobile Liability Insurance with bodily injury limits of not less than $500,000 fir each person and not less than 5500,000 for each accident, and with property damage limits of not less than $100.000 for each accident. I I~ Page 5 $ 25 x " 10 32xI❑ { 9 anrawn 0 C. Worker's Compensation Insurance in accordance ,kith statutory requirements, and fimployers' liability Insurance "ith limits of not less than 5100,000 for each accident. D, Professional Liability Insurance "ith limits of not less than $1.000,000 annual aggregate, E. The CONSULTANT shall furnish insurance certificates or insurance policies at the OWNER's request to evidence such coverages. The insurance policies shall name the i OWNER as an additional insured on all such policies except professional liability and Worker's Compensation, and shall contain a provision that such insurance shall not be canceled or modified without thirty (30) days' prior "tiuen notice to OWNER and CONSUL rANL In such event, the C'ONSUL'TANT shall, prior to the efTective date of the change or cancellation. serve substitute policies furnishing the same coverage Awr1_CLE m ARBITAATION AN']) ALTERNAT E DISPUTE RESOLUTION 'Ihe parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution, such as mediation. No arbitration or alternate dispute resol aion arising out of or relating to this Agreement, involving one party's disagreement, may include the other party to the disagreement "ithoul the other's approval. A_R -IF, TERMINATION OF AG Rt'F MFNT A. Notwthstunding any other provision of this Agreement, either party may terminate by giving thirty' (30) days' advance written notice to the other party. 11 1 his Agreement may he terminated in "hole er in part in the event of either party ,ubstantiall) failing to fulfill its obligations under this Agreement, No such termination "ill be affi ,ted unless the other party is given (I ) written notice (delivered by certified mail, return receipt reques(ed) of intent to terminate and setting forth the reasons specifying the non-performance, and not less titan thirty (30) calendar days to cure the failure: and (2) an opportunity for consultation with the terminating party prior to termination, C. If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTAN I' shall immediately cease all scrsices and shall render a final bill for scn ices to the OWNEIR "ithin thirty (30) days after the date of termination The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily k performed and for reimbursable expenses to termination incurred prior to the date of tentination, in accordance "ith Article V "Compensation." Should the OWNER subsequently contract "ith a new consultant for the continuation of services on the Project. CONSULTAN F shall cooperate in providing information. The CONSULTANT snall turn over all documents prepared or furnished by CONSULTANT pursuant to this Page G 9 X X 32 , r i 0 ~e f i Agreement to the OWNER on or before the date of termination, but may, maintain cop.:s of such documents for its use. ' ARTICLE X111 RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not constitute, nor 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, nor shall such approval be deemed to be an assumption of such responsibility by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents, and consultants. ARTICLE XIV NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respcctise parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherxvise specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing: To CONSULTANT: To OWNER: Glen Afiddleton, Texas Area Manager City of Denton C'arollo Engineers, P.C. Howard Martin 544011arvest Ilill Road Assistant City Manager/Utilities Suite 237 215 Last McKinney Dallas. I cxas 75230 ihnton, Texas 76201 ' All notice- -hall be deemed effecti%c upon receipt by the party to Hhom such notice is gi%cn. or within three (3) days' mailing. ARTICLE XV ENTIRE AGREENIENT i I his Agreement, consisting of 10 pages and l exhibit, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. 0 Page 7 1 a k >'n 2.5 K 32X10 u ARTICLE XVI SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisd'.ction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. ARTICLE XVII 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. VII DISCRIMINATION PROHIBITED In performing the services required hereunder, the C'ONSULTAN f shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE X1~ PERSONNEL A. the CONSULTANT represents that it has or mill secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employ:eb or officers of, or have any contractual relations with the O~kNER. CONSUL IANI' shall inform the OWNER of any conflict of interest or potential conflict of interest that may arise during the term of this Agrecment. 111. All services required hereunder will be performed by the CONSUL'fANT or under its supcnision. All personnel engaged in work shall be qualified, and shall be authorized 1 and permitted under state and local laws to perform such services. AJR7I 'LE ASSIGNAB1LITti' , { Fhe CONSUL'CAN1' shall not assign any interest in this Agreement, and shall not i transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without 1i the prior written consent of the OWNER, Page 8 I ~ U . I i ARTICLE: XXI MODIFICATION " No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed: and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE XXI1 MISCELLANEOUS A. I he following exhibits are attanccd to and made a part of this Agreement: Exhibit "A". 13. CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the CONSULTANT involving transactions relating to this Agreement. CONSULTANT agrees that OWNER shall have access during normal working hours !o all necessary CONSUL [ANT facilities and shall be provided adequate and appropriate %wrking space in order to coo luct audits in compliance with this section OWNER shall give C'ONSUTAANT reasonable advance notice of intended audits. C. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County. Iexas. Ihis Agreement shall be construed in accordance with the laws of the State of Texas, D. I or the purpose of this Agreement, the key persons who will perform most of the work hereunder shall be personnel listed in the organization chart included in Exhibit "A". llonrver, nothing herein shall limit CONSULIANf from using other qualified and competent members of its firm to perform the services required herein • I:. CONSUL] ANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof. In accomplishing the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the OWNER. • P. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's O • disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions for the CONSULTANT to enter is or upon public and private property as required for the CONSULTANT to perform services under this Agreement. Page 9 1 z 32 X ' Al b r I G, The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive tcrms or conditions of this Agreement. w IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and CONSULTANT has executed this Agreement through its duly authorized undersigned officer on this the day of 19~ CI T~' OF DENTON, TEXAS Y Michael W. Jet, CITY MANAGER ATTES'i; JENNIFER WALT ERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM; HERBERT L. PROUTY, CITY ATTORNEY C r BY - I j " CONSULTANT Glen Middleton Texas Area Manager L ~ b 'A'1 "NESS: b lam, , BY: r Page 10 25x10 32x10 I I ~c1llaRa , C , ' Q I ' 5 r lyal a,o ,a pipe ceroLLo •naineara for glow N.,mr August 31, 1998 411.".DEN r Mr, Tim Fisher, P.E. Manager of Water Production Division City of Denton r' 1701.8 Spencer Road Denton, Texas 76205 Dear Tim: Enclosed is a revised copy of our cost proposal in accordance with our discussions along iii with suggested language for Exhibits 8 & C to the contract. I've also revised the project team in accordance with our discussions, Although a detailed schedule will be completed at a later date, we anticipate submitting a draft copy of the Hazard Reduction/ElimInation Study by early December 1998 based upon an early October notice-lo-proceed. The AMP Study will depend upon the schedule in which the City Stall complete the various portions of that project t We are pleased at the opporlunity to assist the City of Denton with this impoltanl undertaking, If you have any questions, please give me a Call. 1 • Very Truly Yours, { CAROLLO ENGINEERS, P.C. Plen. Middleton, P, E. • Texas Area Manager • t'' 1 EXHIBIT I 'a N OARMV Our Villwoe lu0g NARVlSSTi YilL POAD . SiTF 731 Or1l UTSTES3S 13730 19111 131J940 PAX 11171731V,t ~ 14 4' C r' fl 2. x 10 32 x I q map" 0 1 a»» Scope of Engineering Services Task Descriptions This project consists of two parts: a Hazard Reduction/Elimination Study (HRES) and Assistance with a Risk Management Plan Study (R.MP). The purpose of the HRES is to evaluate options to reduce the risks associated with hazardous chemicals or eliminate the risks totally by using nonhazardous chemicals for the disinfection processes. This portion of the study will be conducted primarily for the water treatment plant; hcwever, an evaluation of the existing disinfection process will be conducted for the wastewater treatment plant. 'The FLNIP portion of this study will consist of assistance and review of the City prepared Risk Management Plans for the Spencer Road Water Treatment Plant and the Pecan Creek Wastewater Treatment Plant. The following are our proposed tasks for the Hazard Reduction/Eliminatlon Study and the Risk Management Plan Study with the objective, description, deliverables, and assumptions for each task. Below is an outline of the major tasks we are proposing for this project. Taak Description Summary Task 'o. cscri do A Hazard Reduction' Elimination Study E Risk Management Plan Study PROJECT TASK DESCRIPTIONS 'c'ask A - Hazard Reduction/Elirn[nation Study Objecting: Re%iew and analyse theexisting disinfection chemical systems to evaluate options to significantly reduce the potential hazards associated with the process chemicals or to eliminate the hazards totally by changing the type of chemicals used. pescription: Collect background data regarding the existing systems and determine the O requir-d chemical dosages for each plant. Evaluate the existing chemical feed systems and provide recommendations for improving the safety and minimizing the potential for accidental releases. Identify and evaluate applicability of alternative disinfection processes for the water treatment plant only. Prepare a cost benefit analysis for each of the altematives. Qeliverablcs Prepare a report presenting the data and analyses along with a recommendation for improvements or modifications to the existing disinfection processes. The following specific deliverables are identified: f HRLS S R%fP TaA Dcscnpuons i I~ 32XIEl I o I l I . Report - Provide five (S) copies of a draft report for review. Following incorporation of the review comments, provide twenty (20) copies of the final report. 2. Executive Summary - Provide an executive summary in both draft and final form. The executive summary will be provided as a section of the report and as a stand-alone document (twenty copies of the final) 3. Power Point Slides - Provide a series of Power Point slides suitable for use in a presentation to the city of Denton Public Utilities Board and City Council which highlight the elements of the study and recommendations. The consultant will make two presentations one to the Public Utilities Board and one to the City Council. Assumptions: The City will provide the existing historical data regarding the chemical feed systems, existing drawings and existing chemical contract agreements. Task A Sub-TasAs Work Effort Descriptions. 6uhlask W: Projccr Kickoff I, Conduct project kickoff meeting to establish project goals and objectives, review the project decision process, define anticipated work deliverables, identify information needed to perform the work, refine the project schedule, and establish points of contact and communication, and determine the invoicing format. 2. Prepare project managemrniplan guide which wi'l include: a) project objectives and priorities; b) role of City of Denton, Carollo and subconsultants throughout the project including staff assignments and project roles; c) contract work plan including scope, schedule, budget, resource assignments and coordination requirements. d) quality assurance and quality control plan; e) management tools and techniques; f) reporting requirements; g) information sources; h) documele formats including report layouts, and g) administrative procedures such as -44 im oicing, communication protocol, formats, etc. Distribute plan to the entire project team. Provide a copy to the City of Denton Project Manager for information purposes. 34 Manage subconsultants in negotiation and preparation of initial agreements. 4. Collect and rMew available data and drawings from City of Denton and determine the adequacy for this study. Also, determine any missing or critical data information missing from this initial information. HRtS d R.NP Task Descnpapru i 16 r Syr 71i 30'2 X s ~ eaa.wa , r.:m Subtask A-2: Monthly Maringement 1. Provide schedule and cost control monthly updates for this project. 2. Prepare monthly progress submittal and invoice. 3, Manage subconsultants for on-going project coordination including collecting monthly information for progress reports and invoices. Subtask A•,l: Backgrottnd Data L Site visits and inspection of chemical storage and feed equipment used at each plant facility. These visits will include a review of the current operation and maintenance procedures, safety equipment, and employee trahrg practices used at each location. Th: design of each process, the age and condition of all equipment, and the safety aspects involved with the transportation, ut,loading, storage, handling, t nd chemical feed equipment used for disinfection shall be evaluated with specific recommendations for minimizing the potential for accidental releases from each process. 2. Required chlorine, ammonia, and sulfur dioxide use at each plant facility. The average and range of required chemical dosages will be determined from plant records. Design dosages (Ib'day) will be established for each of the two plants' design capacities along with average dosages (IbAay) for normal plant flow conditions. 3. Inteniews with the City of Denton Utility staff to review the potential impact of planned plant expansions, regulatory compliance issues, and other future conditions that could affect recommendations and cost estimates. 4. Site conditions and space constraints for each of the nso plant sites will be reviewed to identify possible locations for the addition of scrubber facilities or oth.r recommended improvements to enhance the safety of the existing disinfection processes. Site constraints and potential locations for the installation • of aftentatise disinfection process equipment shall also be evaluated. Consideration will be given to construction retrofit problems, chemical and feed stock material transportation, storage and handling issues, the installation or retrofit of cbe nical feed equipment, required poH er supplies and instrumentation for monito in,t process control ar d safety. HRF S S FLMP Twk Descnp1wro 3 17 II 7: ~h k 10 32 X I O e *New" - o I 9531"M Subtask A-4 - ENaluation of the Existing Disinfection Pro^esses Recommendations for improving the safety and minimizing the potential for accidental chemical releases from each of the gaseous based disinfection processes used at each facility. Considerations shall include as a minimum; > Installations of scrubber systems for bulk chemical storage areas and chemical feed equipment buildings. > Existing or proposed improvements to active or passive mitigation or containment systems. > Automatic sprinkler systems for fire suppression or containment of accidental releases in chemical storage and feed areas. > Modifications to existing equipment such as direct cylinder mount vacuum regulators, the conversion of low pressure fed systems, or the installation of automatic shut down emergency isolation valves. : Impros ements to ventilation and exhaust fans within existing buildings. > On-site and off-site ambient gas detection equipment, i Suhlask A-S • Esaluation of Alternative Disinfection Processes 1. Alternative disinfection systems that will eliminate hazards associated with the transportation, storage and use of chlorine, anhydrous ammonia and sulfur dioxide should be identified. As a minimum, these al!ematives should be evaluated based upon an assessment of risk reduction anu' nn1. u ade-offs, regulatory compliance issues, process reliability and effectiveness, waste stream treatment and disposal, and all capital and 0&M expenses, The following altematkcs should be evaluated at the Spencer Road WTP facility: (a) Spencer Road Rater Treatment Plant : Sodium hypochlorite storage and feed system with recommended solution strength. dilution system and temperature control strategies to minimize r chlorate concentrations. : On-site generation of sodium hypochlorite with salt storage, brine make- 0 up system, brine water pretreatment equipment, waste stream treatment and disposal, solution storage and feed equipment. i Ammonium hydro,.ide solution rxqueous ammonia) feed system with recommended solution strength and storage system design. j : Liquid ammonium sulfate storage and feed system. l O 0+ • Solid ammonium sulfate storage and feed system. V I IMES d PNP Tank Docnpuero a 13 ~ ~ 10 32 X ri O i' i NEW" l Subtask A-6 - Cost Development 1. The economics of each of the alternatives including the current approach alternative will need to be evaluated. The capital and O&M costs for all recommended hazard reduction improvements to the existing disinfection system shall be included into the cost estimate of the current approach alternative. The analysis shall be based upon a pment worth value over a twenty-year life cycle and mall Include as a minimum th : following cost projections: > Chemical Costs > Electrical Costs Capital Costs > Operating/Safety Expenses > Maintenance Expenses Suhtask A•7 -Alternative Evaluatlon i . Process Comparison - The alternative processes will be compared with mpect to meeting the needs of the plant, operational requirements, space requirements, ancillary support requirements, regulatory compliance requirements, reliability, flexibility, and dependability. 2. Hazard Comparison - Safety and hazard reduction issues associated with the current disinfection processes will be compared with the upgraded current approach and the alternatives identified for each of the two facilities. 3. Cost Comparison • The twenty-year life cycle costs of all systems will be totaled and compared on an annual basis with the cost of the upgraded current approach. Subtask A-K - Recommendation 1. The monetary. tangible, and non-tangible issues evaluated in Subtask A•7 t. ill be • combined into a recommendation regarding the hazard reduction/hazard elimination alternatives evaluated for each plant facility, Suhlask A-9 - Deliverables 4. Report - Five copies of a draft report will be provided for review. Folly ing • incorporation of the review comments, twenty copies of the final report will be , • . provided E t HittS k EUIP Tuk Ue,cnpacns 19 0. 24,~, 2,5 .32 X m o ' 5. Executive Summary - An executive summary will be provided in both draft and final form. The executive summary will be provided as a section of the report and as a stand-alone document (twenty copies of the final) 6. Power Point Slides - A series of Power Point slides suitable for use in a presentation to the city of Denton Public Utilities Board and City Council will be provided which highlight the elements of the study and recommendations. The consultant will make two presentations: one to the Public Utilities Board and one to the City Council. Task B - Risk Management Plan Study Obnectiv : The purpose of the project is to assist in developing Risk Management Plates (RN Plans) and Risk Management Programs (RMPrograms) for two City of Denton (The City) treatment plants that comply with EPA Accidental Release Prevention requirements (40 CFR 68). Based on the RFP, our team understands that its role will be primarily one of technical assistance for the City Staff which will be developing the RMProgram elements with the guidance of a consultant with experience developing RMPlarts and RMPrograms. Dcscrintion; Unlike many traditional environmental and safc.y regulations, the OSHA PSM and EPA RMP rules are performance-based regulations derived from industrial best management practices. While the AWWARF guidance provides examples of program management procedures, it is our experience that an inflexible, compliance-driven approach to the PS%RMP program that ignores existing management processes results in unnecessary changes to existing roles, responsibilities and procedures and hidden costs. We propose a skilled team of individuals that will identify existing management processes to be used as the building blocks of the Risk Management Program, where possible, and provide examples where new procedures are needed. The City has trained some of it_s staff to become more knowledgeable in risk management. \ev ertheless, this will be the City's first effort to implement such a complex management program. Based on our experience, we belie, r that the City should use our te,m in the planning stages to identify useable current programs and to help develop work (asks and schedules. Once these tasks are defined, we can work with the { 0 City personnel to develop the RMPiar, and RMProgrem by providing examples and advice as requested and by review of work products. We suggest beginning the project by conducting a gaps analysis of current programs, practices, procedures and documentation that address the RMP Prevention Program and emergency response requirements. For any identified gaps, our Team will identify the tasks ,I r required to improve the safety management program and comply with the RMP rule, This O ' will provide a road map for City staff to guide their efforts. , 1 HRES R PI IP Tt,k Deunpruns b 20 p4 i~vr 4, µ y~ p ~r t 1 h K! 3 2 X' O ~ r I O 1 We will provide model management procedures and example formats for implementation products for the needed R.MP elements. City staff will then prepare site specific management procedures and implementation products. We will review these produce and provide comments, i ' Deliverables: None Assumptions: The City will prepare all aspects of the RMP unless specifically identified in the scope below or requested by the City. Task B SrD Tasks Work Effort Descripdortsr 5ubt2skB•It Gap Analysis/Action Plan 1. We will begin by assessing the existing programs and information against the RMP requirements to identify any gaps in existing management processes, procedures and program documentation. The effort will consist of evaluating the cunznt status sf facility management processes, practices, procedures and documentation against the requirements of 40 CFR 68 to determine where gaps exist. We will schedule a meeting at each plant or central document control location as necessary to review relevant process and facility documentation to: > Assess current operations and programs through detailed records review, on-site assessment, and staff interviews, > Determine strengths and wea!sesses of current programs and systems and suitability for reuse with or without modification. To facilitate the gaps analysis, we propose to conduct a kickoff meeting I RMP workshop at the City of Denton offices. The purpose of this meeting i workshop is to introduce our team to the plant contacts and provide a detailed understanding of the project scope, the information required to conduct the gaps analysis, and to become cognizant of any specific issues or concerns at each of the plants. s Nhere possible, we would benefit from reviewing existing documents in advance of the site visits to better prepare our schedule and interview questions and focus our on-site tours and inspections so as to minimize impact on the City employees' time and plant operations. Prior to the kickoff. u e will provide a li.tt of documents we e will need to review during the course of the evaluation. It is anticipated that each plant will collect this information and at a minimum have this information available 0 at the start of the site visit. 1 FIRES & R.vtP Twk Dncnption. 2i IU 32XI0 - ui 1. i 0 . 1 l1 1 i Where gaps are identified, we will define the tasks required modify/enhance the existing elements for compliance with the RMP regulations, We will prepare one status report for both plants using the results of the gap analysis to identify missing or deficient management program elements and prograrn/process documentation. It will also identify the specific implementation tasks necessary to i` be completed to generate, modi fy, and implement program elements. The repots will summarize the needs for each facility using a simple tabular Action Plan format that will facilitate the City's review and guide in implementation. For each identified need., we currently assume that City staff will genc-ite the work product and we will review them, however, the Action Plan will allow the City to decide if it wants us to complete certain speciaiizea lasksr If so, we can develop estimates for the additional effort and costs, if any, required to develop the program element/item beyond that defined in this proposal. Subtask 8.2t Implementation Assistance We propose to provide and review with City staff the example "Model RMP" management procedures and example formats for implementation products that can be used to address gaps in current programs. We will be "on call" to City staff during their development of work products to provide advice, as requested. We will then review City R.M Program and R,blPIan work products and suggest coffections or modifications, as necessary to meet the regulations or to make the program more easily implemented. We assume that the work products will be provided for review in three major installments--1) Management Procedures, 2) Hazard Assessment and Risk Management t Ian, and 3) Prevention Program and Emergency Response Program products. The principal work products to be reviewed include: Task &2.1 Management Procedures We anticipate reviewing management procedures for the following: s !Management System ! • Safety Information • Hazard Review • Operating Procedures • Training • Maintenance Compliance Audits a Incident lmestigation a Emergency Response };RES A RNIP Task Descnpnca• t 22 e We assume that all management procedures will be reviewed at the same time. Task B-1.2 Hazard Assessment We assume that the hazard assessments (both draft and final) will be performed by the f fty staff based on the AWWARF Model RMP, We will review all worst case and alternative case release assessments using the guidance in the AWWARF model RMP for water treatment plants and provide recommendations and one set of comments for the hazard assessments at each plant, We will also review and comment on the compiled information on five-year accident histories for each plant Our proposed team is intimately familiar with the hazard assessment guidance contained in the AWWARF model risk management program for water treatment plants. We understands the benefits to be gained by using a consistent, EPA , reviewed methodology but are also aware of the limitations in applying the model RMP guidance to plants with scrubbers or confinement buildings, We can take a more active role in evaluating the effect of confinement buildings, if requested by the City. Task B-23 Risk Management Plan The EPA has published guidance on the information that must be contained in the RNIPlan submission, including the required data elements and instructions for completing the RMPlan submission, As currently scheduled, EPA plans to provide affected facilities with the software needed to file electronic submissions in January 1999. We propose to review the documents prepared by the City for submittal to the EPA as directed by 40 CFR 68, Subpart G. These documents will be reviewed for accuracy and completeness of the required information prior to the City's certification where required. Task B-2.4 Prevention Program 1 In addition to the above referenced management procedures for the prevention program elements, vve propose to assist in the implementation efforts for these . elements, as follows: I > Safety Information 1 For each plant, ae will review the compiled safety information for adequacy and completeness and provide one set of comments on the safety , information. HRES d MIP Tut Des.,:; lams 9 23 s • o y f3SR1R19~ i 1 > Hazard Review The City can complete the hazard review using available checklists; however, we believe the City may want to complete the review with the assistance of someone experienced in hazard review. We propose to assist the City in conducting and documenting its hazard review. We will provide an experienced hazard review leader and scribe to conduct the hazard review with the participation of plant operations, maintenance, engineering, and safety/environmental representatives. > Operating Procedures We will review the format and general content of operating procedures. We will also review the types of procedures developed to verify that appropriate opc+ating phases are included. > Training We will make recommendations as to the content of a syllabus and schedule for a training program and sources of training materials. To reduce the effort required to develop the training program, we will use available manufacturers training materials to the extent possible and include training on the developed operating procedures as well as the hazards involved with operating the system. We will review training materials developed by the City. > Malutenance Facilities must implement a maintenance program that includes a comprehensive testing and inspection program, written maintenance procedures and maintenance training. We will review the compiled list of equipment subject to the maintenance program requirements to verify that all critical equipment types are included (e.g. container hoists). We will review and provided one set of comments on the identified testing and inspection program requirements. Compliance Audit No additional tasks are required in the initial development and implementation beyond review of the management procedure discussed i earlier. The City may want to include effort after complete implementation for us to audit detailed implementation (e.g., completion of maintenance and associated recordkeeping). • r 0 • 1 IME5 do vot, ra,k Descnptiom 10 24 - r 10 32 Ill f e o ; y ➢ Incident Investigation No additional tasks are required in the initial development and implementation beyond review of the management procedure discussed earlier. r Task 8.2.5 Emergency Response Program We anticipate that the City will revise the Emergency Action Plans (EAPs) based upon the evaluation and action items identified in the gaps analysis task. We will review and provide one set of comments on the revi,ud emergency action plans. y f ,t f I a Adma, HRES d RMP Task Deunptions i I 25 S 4 25 x 10 32 x I O 1 ........-«.u..~.r~wr.~Mn~/nYw„~rw.M'WN.M'•w~•~.M'IfM~Pi11'rC«My1Nr/4WY9~`ltlk'!•+n'vaO~^•1'nIP'PYT I; 1. IIeIVd Plrnlnatlrn a AMP Labot Cost r,r Summary Sheet E:penaee el.rx aw,u/era en..« r. ern, City of Denton Sub Labof rolyrrI Ha[IrdEUmlr llonStudy Sub Ee Ie ~•rf~« A m q u Wort tasks TOTAL FOR PROJECT: ►rqM talNe 1006411 bean ♦e011 Can a L1t1 v o+ LAMP \NON Moo. weoleurron fom Tory 61en Non No Mon IIkAe11 Wry exddislon howl Jomee 11e1 Fun ""I A- Huard RedlxtlodEllminafbn 0 k e0 N 0 0 0 1N 0 0 17 10 937 SM1N t~ 241 1 0 31 36 It 0 0 0 so 0 0 0 S t)e 611,4153 Lreu « f 0 10 24 54 0 0 0 /e 0 0 17 10 111 Sts w ero.-w 11254 r«« SON Od r o1r« SOON 0- Rho Mena en1 peen 0 0 0 0 09 0 0 IN 0 0 0 0 2" 901 ue. 0 0 0 0 12 0 0 IDs 0 0 0 0 Pee $21.120 lw.w 9V01 G~ - i' T01ALLA#OR 0 44 N N N 0 0 0 17 10 091 470 j UII1111 C017 I L Iwl[ fool Me01 KIV Ilorr 1111 1 Nrrr,d hnairnFnl'~ern 1,711 1 R4.Maurp'InnlPw TD7 yP loty Or10 14IMM1 f _t K 10 32X / `J,. r I r t .g'Ik10:11 . i s'CSAM,W'+ J HA1/. 111•1I _-`lAbw Cost slows nr•r,•. y,. ' r A • HU•rO Fled" 1oWEllminallOn ~EAp/r'la• n!1 111,101 Aw %I rr Cer of DAroon ~Sub labor so i.,r ksflld AaQuCllorvTllmk4lWn fiu0l S46 Ell •M l1 Slw'1~5•~ar Wa1 h111 TOTAL ►OA►AOJECT.. hqM T0W1 !11,101 111,60 IA1VA 1'A1H n•r vp 0w Am Am Ihn oll,h Not WaA WO• rnr rrl 1,40A nrr•n llk~r Jeor Jmr1 k AW F" 1014 yolk ,r n0oA1 1 l..l.lrw tl e IA A 1 au•A.•r, rw 1 • 940 1 wn.r la r.•w•1 J a • 347 . crr~r•h.w On ? 1 • tat o ! 4~1/rly Ca. G•M ! 0 r w•,•w w.-1Aw A 7 11 1.111 n w~Ar 4~,w•w,• 1 1 MO l I N Y\ a a M., n,pM~A. J 111 I nr•ry.l ,rn 4r. / 1 14) . Ar.w lYfwlr+ll7 G,rmrw 1 e 10 101 Ed M lAJ 'I' .aT•gr •rr r . 1 e 1. _ r J or 12 210 1441 ! M 1 b.'.•,rrl •n a 10 4t 1, TOTAL L.4" 0 rA M H 0 0 0 b • 0 0 0 171 •10,Oq l oua l uNl Itk f .rn¢•.Ip L•r~l 4rm III f i r 1•+ •r a 1 0 1 m+Aln •y r• 6 W, f.AD I l l 1'• 0 1 O e , A..•1,. 11..,~i I, 1 0 1 0 1 I A. hwA t«n Nv l 100 n 1 S rbnk :e h r.-0 w 1` 4y+ l 110 0 1 ry,Y bn 1^. fN 0 1 rr+„iwl u f 6Q"~ In 0 1 r* I n+' u 4rA.c LIJ•II~I~u . 1lq summ,vn A 1 n 1 eur..r..~h.y A 1 0 1 1 4,E 4nn„F _ ` 1 0 1 • 101 iA k 101Y MIR tan:+s11 _ < 11 111 F'1 W;nr V =ail I e r O ..yn:Aaaxrl 0 1 naw i ~ gllr K, tllw17 'Le~EOl Coll _ - nl A • Hlinrd Red"VorMintir+►1Wn Eapen►e► 1TdN $11,101 few son,"1 .y 5• City of Donlon Sub Libor N .rr,n'1Hu►,e RfdLA1loNEllrn1n11I0n Study Sub E1 MN N 41 5fnrre. r' nn Wa1 TUt1 TOTAL FOR PROJECT: Aro]W Toils 111.101 $fed01 fnwu.r Obi Pool, Ken Won h1i sir.. T... 1.0 oY.grrn Mbdbbn Ja0e1 J.mee Huel Hen rlnn To14 TOM f0wL/ / ,a r.' r r.• ~ Y 1 't 64 20 1,045 r ow«n Ceprr.rr Dow C., 4.+ en e 0 0 A•7 1 rra«ICwronue* ' I n.nn Calr'o.r'Mn 7 / 4 10 1'077 cn.lo.nn.r"~ , 7 e e u 1,001 r H... f.lrr+n,n.wrer 1 0 0 1 ..orM 1 1 I/ , 1 64 4'. 1 bauu.. eennr . I I I 1 T17 1 ro..r rur+ Iirw 1 r'nwarnor 6 6 e e 7 u 7,407 p 0 0 0 0 0 0 0 0 0 0 0 0 EO e TOTALLAIOA 0 10 fl N 0 0 0 N 0 17 if 101 1EN1 11eb 11s, I.MNSI fOl1/ _ _ R11 ice, , 1.\' M J Conoyb'Grv.• mwva CAD N 11 7t0 0 ► rrnp.b. 5,n.. a.+nFnp 70, 1+ D 0 e I • I rn,Ir~l A n,y'I 1 0 0 0 0 I + A, Mo", 1•!, 1 100 0 0 . .-111'CAr ",-I rM. 710 0 ► Nm Mr n Mb.pr 0 0 Al, 1►e n 1 0 ► 0 0 1 0 1 0 0 TOT Kr N E roTAL micT 1lpIH1l1 Pill b fl l j ''j A, r, i A, 'k, 32 x i I a i Y4aI3A I 0 I1 1 I I tt mTrv,g i 0 AXP, 601N I 4lKN Cell 111,01 ruI 1 6 • RUI M♦nYpm t Plan Eipen"m IIJIt 921201 I.w S.'.a w +v CII WDOMV 16u0 UDa w Mu dO uabvtn.IWW HuOr 6u0L nNI N au«. GM1.w .1 e+ w>u N1I .t OTAL FOR PROJECT r~w.a tw+. W w 924201 Ipa [C,w I w"•-__ Uw Mw Mod idol wne IYM rX. I.AA w.V.w MYy1y r.Ry+Y MW ImY M4 y l01 M 610 ilnN 1 ~ w 0..mr.wr M ~ 0 0 11 , Ie.ywnr.wr.,. ~I 70 .IN I I w~., eww« 4 E 11 No .,w e 1 100 ! I ..~-w .wln JI A, 111 I.Sa0 1f I+y+.rw.«.se I 11 14 1.100 1 a WFAL-IL N WWI t1 I s u LAO - a IIw.X [M'1 ~ ~r! n Lmiu+r Si^n1 Xan i+1~ Prm v^ 0 / 0 1 r 1 M4•.e 51rvnI W, LIO U n h 0 1 0 1 r ro0.0fitefl f a 1 a 1 • ' . I. IL. La pn 1 I,IIp 0 arre nl'IY CH I,l« w. 4n Iy' T MO O • 4..yV t0 1~. MO R D en.,e ~~♦Yf~w~ 1 I o na url.o elwl/Iwl.r~l I ~.d vld.^1I 1 n I n 1 s n~+L~.n1 1 ^ 1 0 1 i. s nu,.,0 _ In 0 I 0 I bIl I« rlfYt•III[111.I M11 . .11111 1 6 "C • o r i Esblbit B Payment for Services r Hazard Reduction/Eliminsdon Study and Risk Management Plan Study Total payment for services described in Article It for the Project shall be an amount not to exceed $60,470.00 which amount consists of a lump sum not-to-exceed amount of $36,269.00 for the Hazard Reduction/Elimination Study , based upon monthly billings based on a percentage of work completed, and a not-to-exceed aniount of 524,201.00 for special tasks based upon monthly billings at hourly rates described in Exhibit C, such special tasks to be performed and paid only for the Risk Management Plan portion of the project. , i j 32X 1 0 r 11~1iY + e ~ ` L , y q r 1 , ;11 y ~ T Y M 1 1 I l 1 Y. t 1 Exhibit C Special Services i; Rlsk Management Plan Hourly Billing Rates NiaiCSb1lY41Y @illini-Rate (Sf Glen Middleton $135 Peter Puglionesi s 105 David Baird s 60 O t7 1 i O • 1 , 31 ' 3~ ~ { F..x~kt~,~ 25 y I;t 310 1.. 2X J t t 1 i . 1 _ ._.._............_....~.............,...........«.w......~.r.aan«u.v..iwwrrhrrt.rrhrwkM~r44'/wiFi11MOM0~.'1~l~AF~IbA~►'~~ ''y!,. i i Y CITY OF DEN70N I MECrMANAGER Glen Middleton, PE, `I HAZARD REDUCTXW RISK MANAGEMENT ELIMINAWN PLAN W Ron Joost, PE, David Bolyd r - Peler PugNonesi, P.E. 1 ~ 1 1 Uso Farrington, PE. Shel McGee, PE. Kenneth James, PE. Doug Setter, P.E. WaGd Korom, PE. Scok Tyler, P.E. J06 Monscvllr Joe Morrscvih t • o YAWN PUB AGENDA S ITEM NO. DATE PUBLIC UTILITIES BOARD AGENDA INFORIMATION SITEET AGENDA DATE: Sept. 21, 1998 ' DEPARTMENT: Utility Administration ,,1 ACM; Howard Martin, 349-8232 4-V_ SUBJECT Consider approval or & professional services agreement with Carollo Engineers for Ilazard Elimination Assessment and Risk Management Plan Development in an amount not to exceed $60,470 00. BACKGROUND The 1996 Clean Air Act Amendments require all facilities which transport, store or utilise certain hazardous materials to develop Risk Management Plans ( RMPs ) by June 21, 1999• These regulations will impact the water treatment and wastcwaler treatment plants since they both utilize listed hazardous materials at the;- facilities. In anticipation of the potential for pubac involvement and concern with this issue, staff has been working to develop RMPs for these two treatment facilities and to evaluate alternative disinfection processes to eliminate onsite storage and handling of gaseous chlorine, anhydrous ammonia, and sulfur dioxide. The intent is to provide the Public Utilities Board, City Council and citizens of Denton µith better infomtation concerning these altem~3tives and to establish future direction for capital planning and preparing operating budgets, The engineering seniccs contract with Carollo Engineers is designed to accomplish two goals, The first is to evaluate the economic and technical merits of existing alternative disinfection technologies to eliminate hazardous materials at the Spencer Road Water Treatment Plant. T he second is to assist the City of Denton Water Utilities staff in the development of RMPs to comply with the 1996 Clean Air Act. A The process for the selection of the consultant was based upon a tuo step process. The { City of Denton issued a Requcs. for Qualifications ( Exhibit I ) to five engineering firms which had extensi%e ptior background in performing hazard elimination analysis and de~clopment of RMPs From these re:ponscs, staff selected the most qualified team and i solicited an Engineering Services Proposal and negotiated a contract agreement, Carollo Engineers teamed up with Duke Engineering and Services and were selected for this project. Their response to the City's Requcst for Qualifications and Engineering Services 0 Proposal are included in the backup (E.<hibit 11 & 111). t 34 EXHIBIT It 'w. L ict: r . • s , 0 y 1 ESTIMATED SCHEDULE OF PROJECT The hazard elimination assessment should be completed by early January of 1999, The RMP assistance effort will likely continue until the June 21,1999 compliance deadline. FISCAL INFORAIATION The hazard elimination assessment has a well-defined scope of services and will be contracted on a fixed fee basis for a total amount of 536,269. The R.MP assistance portion of the project will be performed on an hourly fee basis with a not to exceed limit ` of 524,201, Funding for the project will come from the following FY 1998.99 operating budget account,; Account FY 1998.99 Budget Expense?orTi`is Pro ect 620-081.0450.8502 $190,400 39,303 625-082.0451.8502 , S39,200 11,167 Total $229,600 560.470 Respectfully submitted: I Tim Fisher Water Production !Manager 1 P Exhibit I, City of Denton Request for Qualifications Exhibit II Statement of Qualifications Responw from Car4o Engineers GomCarol{ofngmeetn g LxhibrtIll Ell gineennIse nrcesProtvsat I r' 35 s 0 Agehde Ne.-J~/ Agcada item PUBLIC UTILITIES BOARD AGENDA INFOMIATION SHEET AGENDA DATE: Oct. 6,1998 DEPARTMENT: Utility Administration AC'h4: Howard Martin, 349.8232 JON SUBJEC A RESOLUTION DIRECTING THE CITY MANAGER TO NOTIFY THE UPPER TRINITY REGIONAL WATER DISTRICT OF THE Cif' OF DENTON'S DESIRE TO NOT CONTINUE ITS PARTICIPATION IN THE LAKE CHAPMAN (COOPER RESERVOIR) WATER SUPPLY PROJECT; DISAPPROVING THE DISTRICT'S PROCEEDING WITH THE PROJECT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND The Upper Trinity Regional Water District (UTRWD) purchased 11.7 MGD of water from the City of Commerce in Lake Chapman Denton has participated in this project and purchased a 2 MGD share of the UTRWD's 11.7 MGD supply. Denton's participation in this project was formalized under a contract between the UTRWD and Denton dated June 10, 1991. The terms of this contract allowed Denton to participate in the project at a relatively low financial cost (the cost of the raw water debt payment), until more detailed cost information was available concerning transportation arrangements and infrastructure expenses. The contract allows each of the participants an opportunity to withdraw from the project prior to the issuance of bonds for financing the transportation infrastructure. The City of Donlon was provided with a notification from the U'I R"'D (Exhibit 1) of their intent to proceed forward with the project, Torn Clooch with Freese and Nichols helped the city of Denton in the analysis of the Lake Lewisville pass through agreement and was retained to assist staff with this 0 particular phase of the project, Mr, Gooch has evaluated Denton's water supply needs through the year 2050 and analyred the economic and strategic merits of Denton's continued participation in the UTRWD Lake Chapman water supply project. His report was presented to the Denton City Council on September 22, 1998. 4 Exhibit 11 lists other key factors that were considered In making the decision about participation in the UI RWD Lake Chapman projecl, Staff Is recommending withdrawal front llte UTRWD Lake Chapman project and to actively pursue alternative water 0 • supplies to meet the long term needs for the City of Denton I 32 j ■laraM 0 1 i r 7 ESTIMATED SCIIFDUI F OF PROJECT i The current schedule for the pipeline project is as follows: Planning Phase 1998.1999 Design Phase 1999.2000 Construction Phase 2000-2002 PRIOR ACTS VlREV1EW (Council Boards. Commisslonsl Public Utilities Board briefed on Chapman Lake (Cooper Reservoir) Project on February 16, 1988. Public Utilities Board updated on the Chapman Lake (Cooper Reservoir) water supply project on April 6, 1998. Public Utilities Board received a presentation from Tom Gooch of Freese and Nichols concerning Chapman (Cooper Reservoir) water issues and the proposed Upper Trinity RIA'D/Lake Lewisville pass through agreement on April 20, 1996. Council was briefed on the pass through agreement on April 28, 1998. Public Utilities Board received a presentation from Tom Gooch of Freese and Nichols concerning Chapman water issues on May 4, 1998. Public Utilities Board to consider approval of the pass through agreement on June I, 1998, Public Utilities Board approved the pass throu;h agreement on July, 6, 1998. Public Utilities Board received a report from Tom Gooch of Freese and Nichols concerning Demon's water supply needs and the economic merits of the Chapman Lake (Cooper Reservoir) water supply project on September 21, 1998. Council rcceivvd a report from Tom Gooch of Freese and Nichols concerning Denton's water supply needs and the economic merits of the Chapman Lake (Cooper Reservoir) project on September 22,1998. F15CLINFORMA7 ION Denton'a cost to transport its share of the Lake Chapman water is unknown at this time. Prcliminaty estimates of the transportation expenses for Denton's 2 MGD share of the • Lake Chapman Water Supply project are summarized below; Raw Water Cost _ _ _ _ 348L2 car - 50.,'166/1000 gallons_ Capital Recovery Cost 5361,000!}var~ _ 50,495/1000 gallons 0 crating Cost 5123,410ryear_..._- __.50169/iO0rlgallons Total Cost 4- $532,1,50 year SO,730i 1000 gallons Now Year 2004 annual and unit costs 2 10 32xI0 0 ..e. ....r. ,..;:x':.t M:.- ,..q:'WtgetYtM-srw•r,anM+A*e ♦wµY:e .n ti.. m,.. ~ Projected Revenues from UTRWD for the Pass-Through Agreement: $0.0211000 gallons for UTRWD's share of 11.7 MOD supply Estimated Annual Revenue- $70,810 ' Additional revenues and water supplies could be available by obtaining a re-use permit from the TNRCC. Pass through fees of $0.02/1000 gallons apply for Lake Chapman Water Supply if passed through Lake Lewisville prior to re-use. These two revenue sources will accrue to Denton whether or not the City remains in the UTRWD Lake Chapman project. Additional revenues could be available from interim sale of Denton's 2 MGD share of the project to the UTRWD at the current Dallas wholesale price for untreated water supplies (currently $0.4133 per 1000 gallons). 1r Denton's need for additional water supplies is not until the year 2012 based upon Freese and Nichols current projections. I Respectfully submitted; jil 7ordal n Director of Water Utilities i i khibit 1, July 8, 1998 Letter from U7RIND on Notice of Intent in Implernenl the Cooper lake ' Pr uj eel Lzhihii11: Key Factors , i Exhibit III: Rewlulion lxhibil IV: Location Mop p r K • o e r wBCEIIES JUL 1 1Nb I FA VY M41M Suit ' P 0 Dgov 705. Owl 014 Fu R[OIDt1Aa. wATU DISTRICT 9'ti 219 t22B ' ,472, 2N 9!>E ; July s.1998 ` Mr. Howard Martin Assistant City Manager of Utilities city of Denton 215 E. McKM*Y St Denton TX 78000 Roll Nodee11 of k►hnt' Implement the Cooper Lake Project Dear Mr. fin! In accord+an" with Section 3.03 01 your contract with UTRWD, Via Djrq is MOW to Conduct for approval. an angineeruq feasibility study and Submit the repot to Participating A report dated June 3, 1998 from Don Rausotiuber, P E. based on the iusl row Enclosed is s by concept for the project. The Rausctwber Report updates and expands upon previous the feasibility Carter al, Burgess dated March 31. 1997 and prior, The Rauschuber Report oonMTn of the proposed! project and the Board of Directors has officially determined the project to be feasible further, the original participants in the project have the right to approve issuance of District bonds to finance the project The current proposal is for Irving to issue dw bonds and c oonl with the stAct does s n not plan to District for tnnsportaUon of UTRWD's share of the water. Even though the pi issue bonds, the District's posibon is that the original participants hew a similar right to approve ailemative funding for IN project . The District is off. the Ongjw l partid4w Strategy Wis an gy ~ liwtt approve funding, whether bonds are issued by INI" of by IN" - since nter in project implementation. M any original participant fails to approve the proposed fundin0• the District has the option to purchase or to convey that participant's Interest in the project of intended This IetteW inl~S days Diof de ate this leller~pleato adv sefeasibility oreport and f your approval or the District funding accordance with the Rouschubor Report and Ihts lefter To to proceed with the project generally Y in discuss the project and to answer your questions a meeting has been Scheduled for 9 00 A M on July 1 S in the District office S rely j j. / t T me$ E Teybr Executive Director • ! • Encl RauschuDer Report dated June 3, 1998 ` Copy of Resolution 098.23 adopted by the Board of Dlrectols on July 2, 1998 +~yY c Dave Rybum, Water Utilities Director, City of Irving Don Rousrhuber, DGRA Inc c FXHIHIT Al 4 4 "4 2.5 K 32X it 1 I Projected Reveaues from UTRWD for the Pass-Tbrougb Agreement: 50.0211000 gallons for UTRWD's share of 11,7 MGD supply I Estimated Annual Revenue • $70,810 Additional revenues and water supplies could be available by obtaining a re-use permit from the TNRCC, Pus through fees of S0.02/1000 gallons apply for Lake Chapman Water Supply if passed through Lake Lewisville prior to re-use. These two revenue sources will accrue to Denson whether or no! the City remains in the UTRWD Lake ' Chapman project, a Additional revenues could be available from interim sale of Denton's 2 MGD share of the project to the UTRWD at the current Dallas wholesale price for untreated water supplies (currently S0.4155 per 1000 gallons). Denton's need for additional water supplies is not until the year 2012 based upon Freese and Nichols current projections Respectfully submitted: Tim Fisher Assisl.snl Director of Water Utilities + E+th,hit I Jul) b. 1995 Letter from L'TR11'D on Vouce of Intent to Implement the Comet Lake < t Protect Exhibit 11 September 16, 1999 Freese and %ichots Ret tea of Ctn of Demon Parttnpauon to Lake Chapttnn Walet Delnery with L'1R'a'D Ethibtt 1!1 Key Factors Lth bit 1% 1 Matron tifap ~ 25 x CJ 32 x TO: Thomas Taylor, P,E„ Upper Trinity Regional Water District I FROM: Don Rauschuber, P.E, DORA, LIc. DATE: June 3, 1998 3. SUBJECT: Delivery of UTRWD's lake Chapman Water to Lake Lewisville The purpose of this me momilum is to present preliminarycpi tal and unit cost projections associated with the deliveryof U1'RWD's Lake Chapman Phase I and Phase D Water T~smissi Transmission ties and evaluate watery delivery scenarios, the Y Based on all Indications, the City of Irving is willing to negotiate a water transportation contract with the UTR WD for the The evaluations purpose of transporting the District's We Chapman water to Lake Lewisvill e. improvernentsandQmoslnl!d likelyeloperauonscenarios rreegardngthetransmissonotwerCh pmanwater to Lake Lewisville. 1.0 BACKG 1,1 PHASE 1 FACIL171ES [n 1956, the City of Irving and the North Texas Murucipal Water District completed the construction of the Phase I Lake Chapman to We Lavon Terminus Pump Station and Pipeline, This facility, costing approximately $55,158,314', involves the f.llowirg principle components: A. Raw water intake tower, connecting conduit and wet well (i.e., pump station substructure) located in Lake Chapman These facihues components have an estimated production capacity of 440 mgd; B. We Chapman pump station -This facility has an insialledpumpingcapacityof 110mild (i.e, 1 - 35 mgd pumps each pothered by 5,000 horsepower moron), This pump station has an estimated pumping capacity for Irving and NTMW) of 220 mgd, provided additional pumps AI the ume of prepusuon of thus rrYrno, the phut t Project between NTM'%D and Intng %u not closed-oul due to wvtsolsed euemenu that we beam adjudicated in the ts and due to other project mIt"s, In add,uon, Irvan~s SOS, shut of the S,:,M,3ta fLe,courft~,31v, IS7a does not rnctudc any other cosu ie I , p)anauns, water quattry studies, legit, and financing) which tning has > mcuned Therefore. the final Phase I Project COW nuy mcreue 6 10 r d~f,' T K 32 XI i i >,esan►w 5;. ue installed and an intermediate booster PUMP station is constructed approximately one-half of the way between the Lake Chapman Pump Station and Lake Lavon Terminus, The Lake , Chapman Pump Station is being used by the City of Sulphur Springs to divert up to 22 mid from the facility: and C. Lake Chapman raw water transnussion pipeline (Phase 1 Facilities) This transmission main (approximately 39.5-males of 94-inch diameter pipe) extends from the Lake Chapman Pump Station to the lake Lavon Terminus. This pipeline has a projected maximuru weer delivery rue of approximately 130 to 133 mid, if additional pumps are installed. 1.2 PHASE U FACILITIES Irving is planning on constructing the Phase D Lake Lavon Terminus to We Lewisville raw water umnsmission system(i.e., Ph:w DFacilities), This facility, scheduled for operatiottby June 2003, has the following major components that will be use and useful to both frying and UrWRV: A. An additional Mmgd variable speed pump', with appurtenances, will be installed in the Lake Chapman Pump Station. This pump will allow Irving more f exibiliry in the transmission of their and VTRWD's water from Lake Chapman to the We Lavon Terminus Pump Station. D. Lake Lavon Terminus Pump Station will be constructed having the following planned improvements: L Flow control valve located in the existing 84-inch diameter Phase I pipeline .o diver water to the Lake Lavon Terminus Pump Station'; b, Raw eater metenng station to measure water diversions from the 84-inch diameter Phase I pipeline to the lake Lavon Temunus Pump Station'; C. 20•trulltun gallon raw water balancing reservoir: d. Raw water high service pump station with two (2) 90-mgd variable speed pumps. • budding, controls, valves. electrical, and appurtenances: ' Thett art other Phut ti project consponenis which are only useful to trnnI not listed in ldi section. it In l eat of one (I 160-mfd vanable spted pump, living may elect to install two (2) 10•mgd sanablil speed pumps The cost of this proyect component may be ih.red with YTM%D since it will h use and useful to { both Kr! M'D and hmin '71I ~I It., 32XIO ' saawse 0 • :v~tanaa _ _ , - ~ it I I e. Approximately 30-miles of 66-inch diameter concrete steel-cylinder or steel pipe extending from the Lake Lavon Terminus Pump Station to Panther Creek, a [Ake Lewisville tributaw'; li f. Channel improvements to approximately 7•mdes of Panther Creek; and Chlorinsuon facilities located either at Lake Chapman Pump StaUon or at Lake Lavon Terminus Pump Stauon (optimum site to be deterrained by Irving) and de-chlotinauon fKdiues located at the Lake Lewisville Terminus'. On April 23, 1998, Irving «taincd Montgomery • Wsuon, Was, Texas, as the project design Lad construction manager fern for the Kite UW-it L.avon Terminus to Wu Lewisville Pump Stauon tnd Pipeline. In April 1998, Montgomery • W a: ^n estimated that the Phase 0 FacUities components common to both Irving and VMWD will have a capital cost of approximately $74 million (1998 dollars), as shown is Table I, In addition to the capital cost of about $74 rrulUon, capital interest during construction may be added by Irving. To estimate interest during construction, it is assumed that Irving will finance the entire Phase 13 capital cost by the issuance of revenue bonds in accordance with the s.bedule presented in Table 2. Based on the assumptions and calculations presented In Table 2 it li wimated that interest during construction will be approximately $4.26 million. This results in a tc Phase ft project cost of about $78 3 million (S7047,140+ 54,260,000), 2,0 UTMU'S"BASELI T" CAPITAL. AND LET WATER CAST PRO aJONS• In order to project UTRWD's cost basis in contracting with Irving for the transport of the District's Lake Chapman water to Lake Lewisville, the following assumptions are made: A. [TiRWDandiningwill enterinioawaternrismissionservicescontractforutilizauonofboth Phase I and Phase 0 facil;ues• B Irving and NTMWD will be the sole owner's of Phase I facilities. NTMW D will notobject or A charge any additional user fee to UTRWD for use of Phase I Facilidesother than any increase 44 ~0 Currently, it is planned to d,schute waler from tar Phisse U Facilities Iota Pant er Creek, Thrice water would now approximately 7•enles to We Lwssvdle As part of du final prcjecl design. lrvint will performed an opurruzauon srudy to detenrum the most feasible discharte route to We y Lewi%Wle N7Mt1'D rrm cost ruucifoie in the chtanmauoii faril ua if bused n We Chapman Pump • Stauon { l t n VVl Ice 32XIO ~ i 1 r 0 i I i in operation and maintenance cost that mry be attributable to pumping UTRWD's fake 'napman water. C. Irving will be the sole owner of Phase D facilities and will "oversize" these improvements (and any needed Phase 1 improvements), as necessary, to transport UTRWD's Lake Chapman w,rter , to We Lewisville; 1 D, UTRW D's capital cost base for use of Phase I (see Table 3) and Phase D Facilities (see Table Nos.4 and 5) will be based on each party's (i.e., Irving's and UTRWD's) firm annual yield sh:fe (Irving - 39.3 mgd and iTTRWD • 11.7 mgd) in We Chapman or 77.06 percent (39.3 wgd divided by 51.0 mgd tool) for Irving and 22.94 percent (11.7 mgd divided by 51.0 mgd tot NJ) R for l)7RWD for sett transportation compottents that are use and useful to both parties. Capital cost will be amortized at 6.0 percent over a 20-year bond term; E. Water transportation losses from Lake Chapman to We Lewisville via the Phase I and Phase r Q Facilities (including Panther Creek) are assumed robe 5 percent; and F. Operation and maintenance cost will be proportion: d based on the analyses presented in Table Nos. 6 2nd 7). Based on the assumptions and information listed above, the projected capital and annual cost shares associated with We Chapman water are presented below, UTR%V COMPONENT CAPITAL COSTS . PHASES I & II DIM DESCRIPTION UTR!W COST SOURCE I. Phase 1 Facilities S 6,326,659 From Table 3 2. Phase D Facilities S 19.529.812, From Table 5 3. Subtotal. Capital Ccst S 25,856.411 i. i 0 I ncludes I n twat dun n g :0M LnKUC n 0 t 32 X I s 0 UTRWD ANNUAL COSTS FOR PHASE 1 AND PHASE R fTEM DESCRIPTION UTRWDCOST SOURCE I. Lake Chapman Initial Storage Annual Debt Service $ 65,820 March 31, 1997, C&B Memo' Lake Chapman COE 0&M S 16,485 March 31, 1997, C&B Memo 3. Lake Chapman Future Storage Annual Debt Service S 197,185 March 31, 1997, C&B Memo 4, Phase 1 and Phase 11 O&M Cost S 689.296 From Table 7 5. Subtotal: Annual Cost S 968.786 The projected UTRWD unit water cost related to the delivery of Lake Chapman water to Lake Lewisville is presented below: f'tL - RWD UNU WATER COST ASSOCIATED WITH ERASES I & II FACILITIES 1J~ DESCRIMON AMO 1. UTRWD Avenge Annual Lake Chapman Withdrawal (1,000 gpd) 12,9421 2. Total Allocated Phase I and Phase 13 Capital Cost 525.856,471 3. Annual Debt Service (UTRWD's Portion Only) S 1,117,741 i0 4. Annual Cost (UTRWD's 0&M Portion Only) S 968,786 5. Total Annual Cost of Water (line 3 plus Line 4) S 3,086,527 6. Water Lasses (596, 1,000 gpd) 647 7. Net Water Delivered (fine 2 mints Line 8, 1,000 go) 12,295 8. TOTAL COST OF WATER PER 1,000 GALLONS S 0.688 3.0 MOST PROBABLE WATER DELINT Yet SCENANDS The Phase I Facilities were designed as "average day" water delivery facilities that would be used in conjuncuom with terminal raw waterstorage facilities, NTMWDwiUutilize Lake Lavon as itsterminal facility for its Lake Chapman water, trying, under a contract with the City of Dallas, will utilize conservation storage space in Lake Lewisville for terminal storage. As such, it isenvisioned thatboth ' Caner A Burgess Much 31. 1997, Memorandum to UIRWD ; ' 11.942 mgd represenu 00% of UTRµD's MCC snnual authonzaUon for the dr.ersron of We Chaprrsan *I tt r • From Table Nos 3 and 5 0 S 10 .•,x4r ~ ;~r.).!0 32xI❑ ~ o a r ti Phase I and Phase 0 Facilities will be operated as an average day delivery facility for both NTMWD and Irving. These two entities each have aTNRCC annual water appropriation of 54,000 acre-feet per yew which is believed to be in excess . of each ens 's firm annual yield share in Lake Chapman. The 4' two (2) 55-mgd pumps installed in the Lake Chapman Pump Station willdiver a total of approximately , 108,000 acre-feet of water (i.e„ 54,000 acre-feet per year each for Irving and NTMWD) from Lake Chapman under the current 'time-of-day' Texas Utilities (TU) Electric Service Contract between NTMWDandTU. The tirmof-day limitation prohibits starting or running the large 5,000horwpower motors that drive the 55-mgd pumps between the hours of 12:00 noon to 8.00 P.M. during the period of June I through September 30". Assuming that Irving observes the timeof-day limitation set forth ir. the T U/N'TMWD Electric Service Contract, the typical Lake Chapman pumping schedule shown in Figure l will be followed, baud on curreot installed pumpingeapacity. However, it (s anticipated that living will install additional pumping capacity at rte We Chapman Pump Station and at the lake Lavon Terminus Pump Station to tranrfer UTRWD's Lake Chapman water and to allow for higber F ',aping rates by Irving. At Lake Chapman, Irving plans to install an 80 mgd variable speed pump (or two 40 mgd variable speed pumps) that when operated is conjunction with an existing 55 mgd pump will al low for up to 133 mgd (uaximum flow capacityof the 84-inch diameter Lake Chapman to We Lavon Terminus Pipeline) to be diverted from Lake Chapman. Of the 133 mgd diversion rate, 55 mgd will be utilized by NTMWD. leaving a potential of up to 78 mgd (133 mgd mints 55 mgd) pumping reserve u Lake Chapman Pump Station. On an annualized basis, pumping 11.7 mgd (UTRWD's We Chapman firm annual share) for U1RWD would leave Irving with a reserve pumping capacity of up to 663 mgd (78 mgd minus 11.7 mgd). Irving's average annual Lake Chapman required pumping rate could vary from 39.3 mgd (i.e., Irving's farm annual yield supply of 44,016 acre-feet per year) to an annual average of 48.2 mgd (i e., Irving's nwtirn u m TNRCC annual authorized diversion 54,000 acre-feet per yeardivided by 1, 120 acre-feet per l mgd). Given the time-of-day limitation in the TU Electric Service Contract, Irving would need a maximum pumping rate ranging from 44.2 mgd (during the months of January through April and October through December) to deliver it's rum annual yield supply of 44,016 acre-feet to 55 mgd (during the months of January through April and October through Decembe r) to deliver it's maximum annual authorized diversion of 54,000 acre-feet per year, With the installation of an 80 mgd variable speed pump, this leaves Irving with a reserve pumping capacity that could be dedicated to VMWD of between 33.8 mgd (78 mgd minus 44.2 mgd) and 23 mgd (78 mgd minus 55 mgd). i " If one or both 5.000 horsepo%er motors ate operated in the resnncted ume of-day period, the milurnumelectnc bill charged by nl subsunuatly imteues Howeser, once Irving. LrM%D and f+TMIA'D drstru water from We Chapman on a continuous-365 day-a yeu burs N enerp ! chatges *ill cured rrurumum bill charges, making the iime-ofday minimum bill penalty a mute • point 0 • b AZ ;-A K 0 ~f UTRWD will requLT a maximum pumping rate of 13,2 mgd (during the months of January through April and October through December) to deliver it's rum annual yield share (13,126 acre-feet per year or 11.72mgdonanaverage basis) DunngthemonthsofJune through September, (T1RWD'spumping rate would be 8.8 mgd (66.67% of 13.2 mgd) to complete the delivery of its firm annual share. The typical water delivery rate for UIRW D Lake Chapman firm annual yield share to Lake Lewisville (as diverted at the We Chapman Pump Station without losses) is shown in Figure Nos. 2 and 3. To deliver UTRWD's TNRCC maximum authorized annual diversion rate of 16,106 acre-fat per year would require an average pumping rate from Lake Chapman of 14A mgd. This results, with the TU time -o(-&y 6mitation, in a maximum diversion rate of 16,2 mgd (during the months of January through April and October through December). During the months of June through September, UTRWD's Lake Chapman diversion rate would be 10.8 mgd. Figure Nos. 4 and S graphically present water delivery rates to Lake Lewisville (without conveyance losses) for this water supply scenario. 4.0 LAKE L F~;;cViLLE PASS"TBROUGH CONCEPT UTRW D proposes to pass its Lake Chapman water (discharged from Phase 11 Facilities) through Lake Lewisville without the benefit of storage in lake Lewisville. The lake "pass-through" concept is valid and can function properly, if UTRWD coordinates its We Chapman discharges to and withdrawals from lake Lewisville on a reasonable basis. To accomplish this, U'TRWD and/or its member cities must have sufficient or reserve treatment capacity to instantaneously treat up to the rrsximum (TTWRD's Lake Chapman inflow rate, currently estimated at 16.2 mgd (see Section 3,0). This can be accomplished since UTRWD (with 20 mgd treatment capacity), City of Denton (a member city with 30 mgd treatment capacity), and City of Lewisville (a member city with 15 mgd treatment capacity) have a combined treatment capacity of approximm tly 65 mgd. In order to pass water through Lake Lewisville, in accounting system must the developed to properly account for lake Chapman inflows and diversions from Lake Lewisville. Technical issues associated with passing water through Lake Lewisville may include, proper measuring or metering of Lake Chapman inflows and diversions, quantifying channel conveyance and/or reservoir evaporation losses, discharging Lake Chapman water into Lake Lewisville when it is in flood pool operations, and water gtralitylenvironmental considerations. Passing water through Lake Lewisville possibly will require the following issues to be addressed. • 1. An agreement between ULR%V and City of living to transfer UTRWD's water from Lake Chapman to lake Lewisville, An agreement(s) among or between UTRWD and the City of Denton (or the City of Dallas i for use of Lake Lewisville is a water pass-through facility: 12 10 3 2 x I O LIL MIA . r - 0 1 i ' I 3. An agreement among or between UfRWD, City of Denton and/or City of Lewisville !o utilize each entities' water treatment plants for treating UTRWD's Lake Chapman water being discharged into We Lewisville; 4. M authorization from the U.S. Army Cops of Engineers for Wing and UTRWD to discharge water into Lake Lewisville; 5. A bed and banks permit or authorization from the TNRCC for Irving and UIRWD to use Lake Lewisville and, possibly, one of its tributaries as a water conveyance channel; and 6. Development of a protocol for a water accounting system among the parties. 5.0 CONCLUSIONS Based on the assessments Fresented above, I offer the following conclusions concerning the transmission of UTRWD's Lake Chapman water to Lake Lewisville: I. The pumping capacity of frv-,g s Phase 1 We Chapman Facilities can be increased to transfer Irving's and UTRW Ys Lr i Chapman water, as long as, the combined pumping rate of both entities does not c ;teed 15 to 78 mgd; 2. Irving's Phase 3 Lake Chapman Facilities can be designed and constructed to transfer both Irving's and UTRWD's Lake Chapman water. 3. Capital cost associated with UMWD's Phase II Facilities components (including Phase 1 Facilities improvements) is projected at $26 trillion (1998 dollars); 4. UTRWD's initial annual operation and maintenance expenses associated solely with Phase I and Phase II Facilities (excluding UTRWD's Lake Chapman, Lake Lewisville and other costs) should be approximately $700.000 (1998 dollars); 5. UTRWD's unit coat (including Phase l and Phase II Facilities and Lake Chapman costs) for Lake Chapman water delivered to Lake Lewisville should be approximately 50.70 per 1,000 " gallons (1998 dollars), based on the assumptions presented in this memorandum; 1 b. Under a "typical" operation scenario. UTRWD's Lake Chapman water inflow nu to Lake Lewisville a 111 range between 8 8 mgd to 16,2 mgd depending on time of year and requested delivery quantity; and i 1 8 13 MM 32XID ill • Q ' 7. Passing UTRWD's lake Chapman water through Lake Lewisville is feasible recognizing the entities (UTRWD, City of Denton, and City of Lewisville) who will withdraw Lake Chapman from Lake Lewisville have in excess 60 mgd treatment capacity, if all necessary approvals and agreements are secured. ff you have any questions concerning this matter, please do not hesitate to contact me. Don Rauschuber, P.E. President, DORA. Inc. .j 1 , i I 9 f 14 MAWL 32 X A r :yam y ..z..r.. r ',.,y ...-:'~r+.Tf'Jw.•ty.+yR+'A`.n!r`6:~ 1 1 TABLEI PRELIMINARY COST PR07 kCT10NS FOR PHASE It FACILFTIFS USL AND USML TO UTR W D AND IRV ING • "COST ISOURCE: MONTGOMERY • WMON, DALLAS, TZ S. APRIL IMI C i A Ilan Na . Oexr1 I♦ea Mea 's LaaN somm" lot UAN Ulm Prk• ow Prka l ImplrtW"' of LAtt Chapnrtl pwlW'ni Sulrull s 10mSdVtrlabkSptrdPump I each 31,750.000 SL750,000 e Sot Wwn/ Bid Appwtcnlnces I I t 130004 (150,000 I -xvA Temonus R WWI WmPml Suuun a 3 10 mid pumps, buudmi. Pcpnl. conuuts. clot . A Bill wort I s 19.000000 59,000.000 b Sluslt Tans and Conuuls 79 ml 5J s0 $1,500,000 e Aluenni Suuon I 16 (730.000 1730,000 d UlfKt Syace sn F9mprnS Smnrn RudJnl 1.700 14 fl 5150 $1104 Pcpelme snn Appunenamel 139.695 If II70 $15.11765 1 5erm~nsl Prcddies I rich 550,000 $50.000 - c fetenwtr7 and Asmuct CumnA ! Ir 1300.000 6500.000 A i'IunnoI IrNwo.emrnu fd 11wkr Ceti1 Ili IAI0I1 i I1 $1,000.000 1,000.00 7 I'htcnn loon Ind Oe CTlonA&Im FKIIIIKI I I r SSM.000 !300.005 t SUBTOTAL CONSTRUCTION 31.4" v y fsumenu and Rgie of Way 113 Kra 15, 51,573. III sse AcquumM 3 scut 101000 530,01!0 I - 11 1 I 1130 I,Sd Cogs ASKKIW4 w,Lb land Acgmunun I ,000 $450.000 ..s II Pe mull I 11 150.000 • Vi a IIRis CONSTRUL'TION W1I.AND COSTS k PERMITS 422.650 TOTAL 16042165 U ('IrNS7A1j(.T70N CONTINGENCY (10%) 5 t3 St III TOTA1. CONS TRIICTION wl I. AND COSTS A CONT3NGFNCV 1611 $ Bull 13,61!, Sll,611.600 16 EnSinterini o", 1110 17 Land Acqurn0oa and Ayht o1 Wry Ap $ It iNUSn Spacial SenkellSur.c7, O%4t1hnksl, En.WonmtnraLek l 5196, $941 19 c'umwdwnmWit em 6911, $n . ;0 Con"Netiall SPWGI` Serurcu iMBienah lnunS, Conud Sur+y, Bic l $170,000 SM. 21 Sun Up srd Opersrlanl Suppm (169,7 ' 1I SIIBTOTAI,FNGINEF.RINC 11 F,NGINF.F,RIN000NTINGF.NCY, II C1!RT07A1,ALLF,NGINF.FRINGWIMC'ONTINGFNC'Y $1,719,900 J$ legal and FinancnslCosts :n 1'NC7 FCFFD TOTAL ESTIMATE CAPITAL COSTS fT/0{7110 NMI 5 111k 1 prertnu pehmmry coq p-Anon, fat Probd tMepoeknu 0!sl ire t1• Ind ! ww io bw Vil WD doll Iftliol 7 Rnlect snip menu ton prorrdt only N"rol so 1err fare mA prestmed a toll Isbk We uNtl sls 32 X 'ita ,n. e 4 itsnmw ' 9 4 i usrars TABLE 2 PROJECTED DnTX T DURING CONMLCnON FOR PHASE U DOPOVEMFNTS TS. I. Annual deb( wrvw u based m amaroaa5 eortaveooa cot at an assumed 6.0 peersm mtaw rte for 20-yen. Fwfmr. it u assamW fir re-pa vew ri of borrowed bond - NO& win rack u u Woo ve 'in w" 6wia5 canwncnoa' raw of 7 pawn 2. TIw wW Phew 0 F"ba emsaucooa am dw" to Tebie 1. wW s a p )oaed S74,041.140. This propwwd ot,w%mm cm u taveawd by $4.260.000 for w"M ikina5 wh wcoom wW is compuW u premaW bdow. Tkia mOu is a wtil pvja+ed pojea coat of 571.70T,110. This oat don no melude cowogt oy aad mwve had tegwmffma of any) and pre rKw esptrAn et by EmaS (e.$, eapnenn5 wdia, 4&1 feu. ete 1. F M= YEAR MUM YEAR AMOVNT PROJECTED IvFFINF CONMUCf70N IS4.2UNO. I 4 I I 52.006 160 No 560. loom = 560 w -9 17A00 190 I "9 0 AN om 590 390, 190 31.000 560 5120, $120. $U0. 2001 Mw. 3700, $600. 5600 5170. "M 1257. 6k: ubkl.da ~ a 4. I • ~ 0 • 16 " 5 x to 32xld M ' 4 } Y 1 r 1 ~li t s 0 e i .._._..._.~...._..~___~..~.....,,..~..w..w+.n•+.+....x...w«,...,rrw,w..,.,e.u,.-nna.rMa*swwvu."~"'P li . ' TABLE 3 PROJECTION OF UTRWD'S BASELINE CAPITAL AND DEBT SERVICE COST FOR PHASE 1 FACILITIES DESCRIPTION TOTAL IRV[NG'S IRVING'S UTRWD'S UTRWD'S mwws CAPITAL SHARE CAPITAL SHARE CAMAL ANNUAL COST OF PHASE I COST OFIRVING'S COST DEBTSERVICE FACILMES PHASE I (6.f% FOR FACILITIES WVEARS) Phase I Faahlus $55.151,117 5000'L $27,579,159 2291% $6,326,659 $551,587 , I 0 ' Y1M00°791 l { =1 i i 1 1 TABLE t rnLIA(IN%1V %SSIGNMLNTOV PHASE Y IAaUT117 CAM AL COST 131TWEENIRV040 ANDVMWD•IMICOST ~ ISOU1CEr MONIV4101 If • W ARSON, DAUAL TaUS6 ATWL 1"4) A M '11 1 't f 'I 'I Ire N.. [>•[A iw UM uM rrM9 114"WW hi, .W PM" 11 INO. M 001104 at 0pkal COIL r11w 110 PM" 13 • ' ,291 1164 I imprewrrrroY We C%tmm Mnpml Irwn . fO mld VWahle 7pelt ►.mp rKA lI170.000 {1,730. 11750,000 71.473$0 $4014 e S,u Wlnnl W App.ntnK2ef U 7110,029 7290, !150.000 1113.310 !4461 1 I e.m Tertr.nu+ 1meYr N.V'Al SWIM 4 110 mid pl mpe. 6.Idol . pplel. mull, 4 k[. Je YY A 1 t 19,000 IA 19,000, !9,000000 $6,91fA00 VA64. 1410 D liarye To* W Cunuule 20 ml 1J 31 !1,700, $1,300, 004 11,111. 1W.1 , e Me¢nnl Snuun I 1 e 77$0, 7110, $710, !171,9 1 9171A 0 OfM1U SRO,, in►.mp,n/Slum 11.0dlnl 1.100 .y h 1154 7110. 7110, $111.01 41,297 1 1 rA' Ilpe6r4 04 Appunentxn 119607 II 117 447, 111.6 141,117,1 $53,116,461 19,191,319 ! fmm~JFYJuef I u1 {S0. 730• 730, 111.3 71147 t fdrm+uy W Item,, Cunuul 3 I t U00. $300, 1700, Ulf, 1114, n ISwrllmpu•emenuldhiterfCreel 07OIAIf1 1 It !1,000, {1000. 11,000, $170, $120, r chi unne0•,n W 0. CTImnWw Full 01111 I t 1100' 1700, $300, IIIS, 1I11. S NT N !KE 7 9 1 _ 1 s11ET01At C ONSTRUCTION s" A".4 Were! s 775 !)1,43 0 7oemenre OAd x ism CI-Wer 215 0Cro S JSM' $1.371 BO, 10 1 end Agivil, C 1 Km 110. lryJ Cmu AYn[~Yrd•nb7M1d AC4•ltnlm I 1 H sso . S 1130111$.17 1103,7 11LM MIAMI LUT UETOTAI.C(INSTIIUCTION vI LAND C051S i EERMITE 290.477,$ 296!/1/44 113.290.9 14 ('()NSTR11(TIONCONTINGLNC'Y111%) Kkul7 !'1:3111! 713110!! TOTAL (ONsTKOCT10N ed LAND COSTS i CON'fINGSNCY 9If 51 T IS 7 16 0ule E1KIeel"AS 11, I , I I ,1 I 11 1 Yd AM'l.wn O.-A Ri1N Of Wtp $4411 7440 7440, 5119.04 1100,0)6 60 II 1knl0 fpeedSeneC.ef lSrrnpOweecMYJ. In•,lwrdnul,IYl NN N 1196, 7090. UOS.111 it Onmv[Vm MY+gt rnene INI 7441 1911 7111,IU $41,29$ b mtwctldC 1prel J Smcn IMYerull Teeunl. Cmlred Sur•e7, fu 1 UfO. 1110, 111U. 1154,291 171'"1 - 11 f un UP 'M Ope+ vO f.pp0d 129, 1]1)15 e { 1 UAW Il II St. TOTAL ENGINES G T IS £NGINEERIM CONTINGENCT 14 SVSTOTAI.ALL ENGINEERINGWMICONTIN(;VN('Y $11141,101114 MOO, 7f.196.713 !1.661.117 j • 117111.3 717101! 174.113 11 Lull W Mflimml COW 571 NT I 171 N UL, 10 rROJECTTDTOTALrSTIMAT£1CAHTALC't I L. 15729/1779 1/929,629 Ndr+ I T.bl, 1 pm Knu pMI.MInarl [ate OADIWImf fa praleCl [nnlponenu r,Il N .K e44 .KI.I 101twA l1TRWD W In1nl ; ems 95 32xIU i f II TABLE S MOACC"Of L17RWVS SASELM C4PfTAL AND DENT SERVICE CC67 FOR PHASE D FACGJM 1 b#.klWnOft TOTAL LRV LNG' VE6G'S V11WD'E rs CAPMAL IAR2 CAMAL SNIARI AL ANNUAL COFT of "um tl coly QVING'S SERVICE ACdJM FKAM 0 U1 FOR tl Frire SI6.M7,1 71 WIM 7191 ,91{.11 {tat") J. t"m D" Cot kld= 77 14% if" 2 TOTAL rnJf1,l skb&u3.161 %1.63 1 1I.W 154 L CAMW cm two Tswa E WWM Drat CoMmcM CM r9 69r T&k L Ills t911t51Y It r` V7 h i i 19 % 10 t. 32 X' o r TAJLZ L FUUbWUYt &%PW 1o1o r" COOT Dt IU VK7 LYLTM IOt FAI ►LTO TILV"ISSo /rpy LAU CRAWAR to t AU Ltw iMLU Md A.SR 1 MO /Raf[ I /aCJtim rmm f "Corr of^. u. Lw rwr f+aTrtNtlL LYS11►K+.r f►I11 'I Lw w Tom.. L ew+F MM IJ•IV T~01iYN Yn 111rhIMdM+' 1A IM irmcbA 110 ! r rr t06M fill t.aralr rlRa rr~llr %Nhm to urrs I. ti Ml+>rt~ LO001 0~ • to COlCrlr 0`U11II.IN•hr Lrfi l 1:11.171 big jp.ll► Kr►C# fglsr. t I, 4 L I 0r►f • M IA Iyrb.i. Col araw w 1 O1 ruOf lTi~VRr91 ltl)d LCAralr.l V r rr taa.. Ai/141 tum Slum r.on..rrT.~ plr:5!►A1O P11.11011 dm I Nl1al.Nw:. v% Or•i mw ! f 10 16 OPr t.► 0.• A rTY►D OW y SY.l. 1w ftd.T► M 5'.. ate. . ,iIr frNL Cry%wt- Ihl. r S. ullik.r 6N.121 0100 !11/1410 ■t ~ I W Inl OPIUM 8HY1r~rtl■O OLLTarrA lmm ch~ Y.. ! VSO 1100 trAr al,l AYtii.P.ll.1r 1111 11,111P SAM cb r V 11cW a ! 61..1 1110. ~11t /Yr f•.11. a~ rym mm Cl.r V ! 1 o1b t►If~ "Im 10!10111t.L/.5A we 111! 1 C/I.a Lwa Irtr % It. l~rl1 r mm . Ve 1 1 ~ toliiil r. twas NUi U LM Cym a1. M aut.rtr.cl.r C1tl1 r. w +ee ! I) hdr.r frNV tifod m Lr1 r A+ ugum 1.4,11 uxalw~ L1~.111111mm.'.t L7 mi am O&M it Poo. If ? . uOY r lrrmll nrq. • I N Lrlri IHUK 1210! ~lurmv~...u+r.ri urm uA i L1W ! 11 W.. r..,rY~.l~lox.•....+.rToarc r:a® li 'w 1 ITSR Sr UtftII A.DKtI~ Lill' O YoY~ 11111.0 bP~ f ! LV ~ ~r L 0► Cfm 1wb M►1t..r4r ~ Y 4KMl LL 1, Yl 1i.1 rrt•u i 20 32 x sg'e' • • r_ • p • I { .,...N-.•,...,........,..~x .,..s-., .».-.,...,.,w,.•n.+..«.e.raW..a.....r...rew ew.wlrY~11nw6.►!'0A n1{eNiMK'St71t.f!R.'"al*M!NrnNM[Qi3k1.TtPM111'.G4MCbdAp~A4 3 i I TABLE 7 PRLLIM TIARY C IM OF SLRVICS ANALYSIS MR RAW WATER TRANSMISSION PROM LALS CHAPMAN TO LIKE LIWLIVILLK VIA PMASR I AND PHAJR U PACI.ITLLI ITEM DESCRIPTION I I.ALECHAPMAW LAKSLAVOINI TOTALO&N PR RA A 011,14LOINCONSTS NO CHAPMAN LAKILAVON LLIWLSVII.Lt con RLLA IRYMI VfSWD't PIPLLDIE/ P1PILlNt! LAKE CONTBASID COST SASID PUMPSTATION PUb.PSTATIfNI CHAPMAN PRORATA PRORATA PHASS 1 AND D MARE Of NON. HARK Of MON. PACILRfN LAKICHAPMAN LASE CKAP0,11LAN t1fEtNS=1 9XPI"ts PLUSLAKE CHAPMAN LKEeIV$Rs IIPERATION ANU MARJTFN RTFN F 1 trtana oil W4" 30 199,1/1 {99,IH 3191Ji1 6111.101 145,417 7 CMtr61 IADre fur Raluemnl O&M flw a Fenruon of Walt, Pumptd 116,1/S $f,lg0 $l,OfA 316.3U U1,019 17.19/ r Cmvxt l+Ma fW Retxrllmns lt6M the, II 1 Fllrxkm of Wlrtl Pumped f0 15,010 36,000 610,000 57,106 61.191 1 ilmmxtlr Ind Gulmem to SI0,00D 610,000 1W.000 115.411 11.311 • S tI11116t1 As BumldlnJ .r (open," and Sec enry 41 111,761 611,561 $161,111 $1301:10 511,791 Iv n Uul, as Far Ibph -a SeNxe Wmp.llw Pnaul Irrlns696%AUT11WU104l1 $4 S970,D00 6910,000 $1.140,000 11,1s0,6/0 $559,160 1 Rtplln end Malnlen1lne V.ly. fatOIMI Irnag• Swint Iw Rtor(ulnns O&M NA N11Y1+•fl: Iamt 57 WO.f5711191 1 Fonrum of W po romped LS 615,000 !1!000 350.000 !!{,111 {6,111 1 Repun and Mlmltnantl For Rlnato"I"s OAM Thal I u 1 FRn.u<e of Weser Pumped fo !11,000 116.000 110,000 P $$1.930 16,11! 9 OFTNt SYppllel 1600 6600 $600 11,100 (l,l1! 116$ • In Repurlud malroleflance Go Small Nair $D 110.000 110,1100 510A00 $11.411 $4.546 Vehxfa and Small No1p ,1 tmdl Ta.N Ind FquipmeM M 31'000 1a,000 $1,000 1!,011 1911 fa S111.000 sls,000 00.000 $11.111 $6,111 f' rufallmd SrNkes 13,400 $10,$00 $10,100 J77,000 $11.015 $1.115 f I1 Adminnlnt.ne 30 f0 10 10 1so so 4 fain so 110,000 510,000 00,000 flf, 412 14.!11 iI 15 uuwlne $6,131 so f 1n IleplNnry Ea IWON 10 M.3l1 361337 !0 I1 Mrlrtuannw $L104 il.ILO SlSO Wu SS91 •f.. If'. TOIAL OAM 19 PFN$f1 11.610 {1,701,ID1 $1,201,101 11 H7016 111!$100 {6N.196 . , _„r,.,~.• ..a ,.aartlW4r. alwnrf MrnJ nh 'Ytll krl 2 !i y' 32 x IO s a , r Fit,~)R[? I'YPICAI. CITY OF IRVING PUMPING SCIII?DULE BASED ON TU 'T'IME-OF-DAY T-IMIT'A'T'ION AND CIJRRf:NTI.Y INSTALLED SS MGD PUMP AT LAKF CHAPMAN PUMP S'T'ATION MILLION GALLONS PER DAY 70 60 I'Iinll'INIiI(AII SSn11i11 Pt ININNO KAIL ,55Wil I PIklODOf UNIF01A)AYLIMIIAIIUN 40 PUMPING, RAIL - 36 67 MCih i IOf At WA'ILRTHATC'ANPOfENTIALLYBE rtIMPt n QY€a e YEAR ?fs 9F---- _ N 30 N 40 20 o L, JAN FF9 MAR APR MAY JUN JUL AUG SEP OCT NOV DEC NOIF: PASLI) ON PUMPING IRVIN(i'S MAXIMUM AL17110 IZE-D DIVFRSICNI FROM LAKE CHAPMAN OF 51,000 AF/YR Of figurel prl 1, q~~ tFS` l.. 1 32X l o • o i . .:.....___._...~..........,......_.«....,.«.....,........v....«...+nn-wi....u,+..w,~Nr+.c.krt'i~KTSnew.rtwveAl*W1M~P~.~AasNVtiuaarrN'~IVa'r«y+M•IrYr~ ~i~:4: r FIGURE; 2 TYPICAL UI'RWD FIRM ANNUAL YIELD WATER DELIVERY RATE' TO LAKE I,f'WISVILI,E VIA PI-IASI' I AND PI-LASE 11 FACILITIES (EXCLUSIVE: OF C ONVEYANCE LOSSES) BASED ON TU TIME•OF-DAY LIMITATION AND ADDITIONAL I'l1MPING CAPACITY A'I' LAKE CHAPMAN PUMP STATION MILLION GALLONS PER DAY 70 60 4U • W 30 20 INI 11 m, 10 11 1 1 2 NV ID INI I OW KA'I L 1 1 2 MU! , IN110W RA11 R R h1(+1) 10 s-' IuIM I)LIIVI!kYluI.AKFI.I:WNVILIhUI'li,l)IIACRt~fF.l'I iIR1'LAk I ! , f i 0 J ; JAN FE13 MAI, APR MAY JUN JUL AUO SEP OCT NOV DEC r; 4x'9'' 25x.10 32x10 o , i ....M...»,._,...._.._...,.,.........,,,........+•,.,... .....a..,..a..~..murrvc,rKcrsrox+m~rwru~v/.nH,ai.1r»:Rwm+Mtc~nA'td:tbi^,rtfrrtiYlAR° '~"af:'. !I I FI(j.fRE 3 (I )MULA !'IVE U'IRWI) WATER DELIVERY RATE (I;XCI,USIVF, OF CONVEYANCE ~ I.OSSI:S) TO LAKE LEWISVILLE, WITII TU TIMI,- INCIMASED P( IMPING CAPACITY AT LAKE CIO PM N PUMI s,rATIONn ACRE FEET (Thousands) 20 r - IS 10 _ ~ i ell 5 ff1 ~ - I I I I I I • JAN F'F.I3 MAR APR MAY JUN JUL AUG SEP O';T NOV DEC file figurel pro F ,rf )~i 10 32 X I O O i :I gross; , I I 1 i . _.._._..,...._..:...........+.i...w.+naw+.w.~u.:.a.w«-..w..ruww.+.w.nnrrw~n:..rsae,r~naeeMr aw:>+xMStltl!!NnC4~hPt%eetik+l~7c"fAW~NnaFYR.lkl/l'Ai'kItl~4ML1F ^x FIGuRli 4 'I YPWAL l I'I'IZWI) 'I-NRCC MAXIMUM AUTHORIZED WATER DELIVERY RATE; TO i.AKI' I.I:;WISVII.LI: VIA PHASE I AND PIIASE II I'ACILI'Fli'S {[:XCLl1SIVL: OF CONVI:YANC " LOSSI?`_ 1 BASED ON TU TIMI:-Ol'-DAY LINIFFATION AND A1)1)I'I'IONA1, PUMPING O,A1'AC11'Y AT I.AKF CI IAPMAN PUMP STATION M11110N GALLONS PER DAY 70 60 SII 40 N 30 INI 11114' KMI Ib? MIDI) IM 1 OW K A I I Io 2 KWD 20 . IN1 1.1)W KATI 108S161) ' 10 I )1'AI llI 11ARY'I01.AKF 1 UWISV1I I L OF 16 119 ACRL•FLFT Mk Y'1 AR JAN J;Fll MAR APR MAY JUN JUL AUG SEP OCT NOV DEC • • o - r ;f i . FIGURE, 5 CL IMULATIVI; UFRWD MAXIMUM TNRCC WATL?R DELIVERY RATE (EXCLUSIVE OF C(ONVEYANCL' I,oSSIi TO LAKE. LEWISVIL.LE WITH TU TIME-Or-DAY LIMITATION AND INCREASED PUMPING CAPACI'T'Y AT LAKE CHAPMAN PUMP STATION ACRE FEET (Thousands) 20 - v V A 10 Q~ n~ N 7 I i' i i i I i I I I I I JP,N PIiH MAR APR MAY RIN JUL AUG SNP OCT NOV DEC i file fiKurO pro 1 10 32 x❑ 0 O x RESOLUTION a J96 W Mme, Sate atGIONA1 WATEM DIfMICf iww 305 lewsmile. rk is igr2; 219 1228 • Fu (9?21, 221 4agr RESOLUTION At 98._Z3 A RESOLUTION OF THE BOARD OF DIRECTORS OF UPPER TRINITY REGIONAL WATER DISTRICT CONCERNING TVE COST AND FEASIBILITY OF THE PROPOSED PROJECT TO CONVEY WATER FROM COOPER (CHAPMAN) LAKE TO THE DISTRICT AND ITS MEMBERS, WHEREAS, the Upper Trinity Regional Water District entered into a contract with C. of Commerce to purchase water out of Cooper Lake (recently renamed Chapman Lake), which contractIs dated July S. 1990; and, WHEREAS, the Contract and subsequent approval by Texas Natural Resource Conservation Comroission authorize the Distract to convey the water from Sulpi ur River Basin to Trinity River Basin for at least fifty years; and, WHEREAS, to share the water, the nsk, and the cost, the District entered into a subsequent contract dated June 10, 1991, with Cities of Denton, Lew svAle and Highland Village andwdh Demon County Fresh Water Supply District No. 1A (cohectivety referred to as'originii Partidpantsl to purchase specAed amounts of water from the project, and, WHEREAS, the District subsequently entered into a similar contract dated October 1, 1997 with Lake Cities Municipal UtIfty Authority to purchase a specific amount of water from the project; and, WHEREAS, both contracts require the Dist not to conduct a study to confirm feasibility of the project before proceeding w th, final imptementabon of a strategy to transport the water from Cooper Lake to the Denton County area and, A WHEREAS, the C ty of Irving also holds nghts to water in Cooper Lake and proposes to enter into an agreement with the O+stnct, for Irving to cons" facilities to convey water for both partes from Cooker Lake to Lewisville Lake, and WHEREAS, a report dared June 3. 1998, prepared by Don Rauschuber, P E of DGRA. Inc confirms feasibility of the proposed project, including,i strateg e Lake and to convey the water through the lake to the resy to discharge the ware( into leNnswile C PecUve intake structures; and. WHEREAS, in the contract w h the onginal Partcipanls, each participant has the option to III participate or not to,partcipate in funding a project Ic transport the water from Cooper Lak i e, and. I 27 0 q nwarew ~ I Exhibit II: Key Factors Y 1. Denton's untreated water supply contract with the City of Dallas expires in 2015. 2, Denton is located within the City of Dallas water supply planning area and the City of Denton has been an untreated water supply customer of Dallas since the mid 1960's. 3. Denton's existing water supply without the City of Dallas contract is approximately 25 MGD. 4. Denton's projected water supply needs by the year 2050 is approximately 75 MGD. 5. Denton's share of the UTRWW Lake Chapman water supply project is between 2 to 5 MGD depending upon whether or not the TNRCC will approve indirect reuse of the imported Lake Chapman water supply. 6. The City of Dallas will likely oppose efforts by the UTRWD to obtain reuse permits from the TNRCC. T 7. Under the current TNRCC regulations, obtaining a permit for indirect reuse is unlikely. 8. Denton's payback for the UTRWD Lake Chapman project is dependent upon may variables and could range between 21 to in excess of 52 years. • p • I 28 EXHIBIT 11 s . 0 r ' 9. Denton's current water rates are significantly impacted by current water supply obligations associated with Lake Ray Roberts. 10. Denton's water rates will be significantly impacted over the next ten years to expand the water system and to comply with more stringent water quality regulations. r'L 11. Currently three; regional entities supply the majority of the water supply for the Dallas / Fort Worth metroplex area ( Dallas Water Utilities, North Texas Municipal Water District and Tarrant County Regional Water Supply District j % 12. The Cities of Denton and Dallas are the only water right holders within the upper Trinity river basin reservoirs ( Lake Lewisville and Lake Ray Roberts 13. Long term water supply partnership opportunities exit between the cities of Dallas, Denton and other regional water supply entities. 14. Senate Bill One regional planning activities are currently in progress and partnership opportunities with the City of Dallas I should be considered at this time. M y _ ' rr 1 ' ti 'i di r f•. r .I f ~ rld 29 I f All o i i RESOLUTION NO. A RESOLUTION DIRECTING THE CITY MANAGER TO NOTIFY THE UPPER TRINITY REGIONAL WATER DISTRICT OF' THE CITY OF DENTON'S DESIRE TO NOT CONTINUE ITS PARTICIPATION IN THE LAKE CHAPMAN (COOPER RESERVOIR) WATER SUPPLY PROJECT; DISAPPROVING THE DISTRICT'S PROCEEDING WITH THE PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton entered into a contract with the Upper Trinity Regional Water District (UTRWD) on June 10, 1991 to purchase water supplies in Lake Chapman (Cooper Reservoir) from the Town of Commerce and to develop strategic + to transport this water for the City of Denton; bnd WHEREAS, the contract was divided into two separate phases. Phase 1 included the acquisition of the water supply, the engineering planning and feasibility stages of the project, and obtaining necessary governmental approvals to transport the water supply from Lake Chapman (Cooper Reservoir) to the Participating Members of the project, Phase If of the project involved the issuance of bonds by the UTRWD to finance the construction of pipelines to convey the water from Lake Chapman (Cooper Reservoir) to the Participating Members of UTRWD's water supply project or commenced when a construction contract is executed by UTRWD for these purposes; and WHEREAS, the contract specifies that prior to construction of pipelines to convey water from Lake Chapman (Cooper Reservoir), all of the participating members of the project must giNc the UTRWD approval; and WHEREAS, the UTRWD has provided the City of Denton with preliminary cost estimates for the construction of the pipelines necessary to covey the water supplies from Lake Chapman (Cooper Reservoir) to Lake Lewisville; and WHEREAS, the U'tRWD Bcard of Directors passed Resolution 98-23 determining tK cost and the feasibility of the project to convey water from Lake Chapman (Cooper Reservoir) to UTRWD and its members; and ! WHEREAS, by its letter of July 8, 1998, the UTRWD has notified the City of Denton of their intention to proceed with Phase 11 if the Lake Chapman (Cooper Reservoir) Water Supply Project and has requested that the City of Denton notify the UTRWD of their desire to continue participation in the project and of the City's approval for UTRWD to proceed with the project; and ! WHEREAS, the City of Denton Water Utilities staff hired an engineering consultant C (Freese and Nichols) and conducted supplemental studies to evaluate the City of Denton's long range water supply needs and the merits of this water supply project to meeting those needs; and 30 EXHIBIT III 0 r 2., 32XIo 0 'i WHEREAS, the City of Denton's Public Utilities Board and City Council considered this information provided by staff at regularly scheduled meetings and work sessions and found that it was not in the public interest to participate further in the project; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION L That the City Council of the City of Denton hereby directs the City Manager to provide written notification to the Upper Trinity Regional Water District of the City of Denmr's desire to not continue its participation in the Lake Chapman (Cooper Reservoir) Water Supply Project and accordingly does not approve UTRWD's proceeding with the project or the alternative funding for the project. The City Manager shall provide with the notice. a certified copy of this resolution. SECTION II. That this resolution shall become effective immediately upon its passage and approval. f PASSED AND APPROVED this the-- day of _ 11998. JACK MILLI'l MAYOR ATTEST: JFNMFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: s' 0 SIC. D~J~.'Wlifiiilrhl *.Slil Sol Page 2 3 I , r `>{k~ 'x a 32X t ~ t wi LIM o ,fro... s ~ . .....-........~.+r...+wm..x•.w1+Iwen.Yw.wnxv+lYS.;m.w++w+.n..'.xe-rwvw MY^.«rt+rr,aeMLroYnuwaFMMIOV1AyWR'YMl'1LWFYV'ilfXMaClR4tl: ntltM7N+IW06'JI~IV7'WJ. FfIN.M1 ,:.r~t4 11 LOCATIp MAP >aa t~ ~ ~ ;e~ - r I Jw;, L I j C11JgPJ I I':1.1p r 1y I I r t I ` Q 3 I EO i ~ JY9~ ~ ~ i''S .'j~~'.. ; !'•L,-..I~ rlbC wr v''r~, ` ^ i~~s.:, -P pl• i 9,h~w. v:r•T R,~~ r T~~ I y l WM 4[II 1' ~}II\Vll ' I OM ! 1 ~I 14 RI'I ,b mow. I i 117i'kUJ I r^ ' ~ I r '1 I 111 11 I . i r•nldp I I I I a., A IJ~.YW.! I ` .4 ~~Vyry~ ~ r•MA~ ~Tl. r IMVA I IA4 ;Al•.•J r IJhLUti Y. IJ.A IC i~Y b ii ',xe A I°.h~oy.' I 1 . a.AUww i } ~ I , r['y in, I- I [nro r 0.dr,v 4 N' naBdI.JN S 14TI ~In(xY Ilnp ~ .7 NA I[il 0 Py1~! _C14 H'l CITY OF DENTON 1999 LOCATION MAP W FIGURE T - _ _ _EXIIIBIT IV 2r `K lo 32 x G n i ~ n , r'::. .I ,r,~i^PI..MI 1 4'.. . N0.YId YI:,•M1'.T~JM.A \Y'I.K /.1 ti.4 y. A•♦ D.n . r.r.r.::rcl~r .:u Agenda NO__Zq_-~3J _ Agenda Item.... Date` ...[.i _ i AGENDA INFORMATION SHEET AGENDA DATE: October G, 1998 DEPARTMENT: City Manager's Office CN1: Mike ;ez, City Manage a SUBJE417 Consider appointing a voting delegate and an alternate voting delegate to the National League of r~ Cities Annual Congress of Cities. BACKGROUND The National League of Cities' Annual Business Meeting will be he'd at 2•00 p.tt. on Saturday, December S, 1998 at the Congress of C:ties in Kansas City, In November, NLC will send a summary of proposed policy amendments and resolutions to be voted on at the Annual Business Meeting. The Ci!y of Denton is entitled to cast two votes at the Annual Business Mecting and the dclcgdtes(s) must be present to vote. Consideration of the voting delegate and alternate voting dcicgate should include whether the individuals are able to remain a day longer at the conference to participate in the business meeting. a ~ ;ity ::tfullysubmitted: l~ ier tera r Secaary r ~ i UA, J% r , ar. ~f i i y. i 3243 10 / r e 0 » Nlalorll 1191 Penrsyl. aura A. Frrue IJ W oMlara 'lI~I~L'E~.1~~11M111~~11~ LHpw Washlnplnn, 0C reM,mm1 U 0000 of 20004 1163 a .nl 04.x/ emend Aamn,r r.ul.yna r.r nn,r,n1 ' C4105 1292) 6 26 1000 ra. +20216263011 r.rl wrr we uenm 1 c flMnnr.l I.n M•W, ' Auyusl3l, 1990 Ir•Nn1COrp Mar+SmnAa, autp . mt r,rr,ro,n O;A a.gnl AE':MORANUUM m wr,l../Ma nxmn, pun rutl RpaMW Rrrl S.nxnn/ To: City Clerks of Direct Member Cities na* .car rMn„,m1 I..r ern. D..mr Ilrln,l•I l e^.J rronr Donald J• Bn,ul, G.lcculive Dir to Subject Voting am iernale Voting Delegates, Annual Congress of Cities, Dcccin:lcr 1.5, 1998, Kansas City, Missouri I'he Notional League of Cities Annual Business Meeting will be held at 2:00 p. in. on Saturday, December 5, 1998 al the Congress of Cities in Kansas City. UndcF the Bylaws of the National League of Cities, each direct nlenrlxr city is entitled to cast from one to 10 votes, depending upon the city's population, through its designated voting delegate at the Annual Business Meeting. The table on the reverse side of this mcnlorandurn shows the breakdown of votes by popu'ation categories. *10 be eligible to cast the city's vole(s), each voting delegate and alternate voting delegate must be designated by the city using [he attached credentials form which will be forwarded to NLC's Credentials ' ('olnnliltcc. NU*j&W %_s exp mytJh il gI,'p~, Thus, the designated voting delegate(s) ulust he present at the Annual Business Meeting to cast the city's vote(s). I In cur y November, NLC will send a special editioa of the Pollc;v brjamer summarising proposed Norm ial M1fmririlad Policy amendments and proposed resolutions. This information should be shared with your voting delcgaliom. Tn olablkb your city's credential.v and facilitnte your voting delegate(s) preparation for the Congress of t itics, eve ask that you return the !1 ,ORY ropy of the completed form to NLC on or before October 9, A 1948. Alire-add ressed envelope is attached. Please forward the F copy of the credentials fomt to your stale league off ce an+I keep the IY 1['1'1'^ copy for your records. For your ecsbdance, a R0 of the I state leagues Is enclosed, If you have any questions, please contact [.csicy-Ann Rennie at (202) 626.3176. cc: 1 secutive Directors Stale Municipal Leagues O r r J r Cr I N I _L I I " 1 1 N 1 O "on" l l,r ha n x. C IN, A, alai. r r .nr •.I r I r II ,n Art 1 1 .41 a. I IR 1 r 11 I''ll N. M I M II / A k"," F i.1 V N I r. I tern NNd al 1nn 0,n11MA.r 1 .I wAl I,a 10 1y.10, M A -nM 11.' 0 161MManI 1 r Rr. inmm~0 6. n r11 n rr x ,I.ry n 11 ln. 01m1 1 le n,l I. r n or r*. yr r.,n n m q 1 ml C,.. ' t ,..I„„ ,i r r ln,l M/, VN t. r,.t I nrt 4.. m.d../ .Irrnl Paten n. r ^ m-.r, MI Ora Arnr n /,n rat Fna JannOdlrlMe Jr . 1nr Onnrm.en rare., I. .1« Snrnr v,o:n,,,~., IMNmu D„nil r,.,,„.. rnr r rw. u..1 Ley Ornn 1r.,,w 1, kk, na Inert. 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Agenda hemk_F o ` AGENDA INFORMATION SHEET , AGENDA DATE: Oclobe 6, 1998 DEPARTMENT: City Manager's Office CM: Mike lei, City Manage SUBJE _ y, Consider nominations and appointments to the City's Boards and Commissions. BACKGROUND The following is a list of current Board/Commission vacancies(nomninations: Mark Merki on the Historic Landmark Commission has moved from the City. This nomination for Council Member Burroughs should be a OA. John Hardinger on the Electrical Code Board has served three consecutive tents. This nomination for Council Member Cochran should be a Master Electrician. Millard Heath has scrvcd three consecutive terms on the Plumbing and Mechanical Code Board. This a nomination for Council Member Beasley should be a Mechanical Contractor, If you require any further information, please let me know. I ~1 R pectfully Submitte la alters City Sec etary 1 1 I ray 32 s. r vv4zvo1 r ~ 1 I i , G i r , 1. .vra:Y1~:}f Y4C I:1✓1'.s f. Y'Y"!111:1MM„R.yA Www r.. ......r ~ • ' 00/28/98 W; 11:21 FAX 9403407707 CITY OF DENTON PLANNING fd001 n9/.'S/19'i` '11:3 1910-565-0960 WRfi l L ASSO.IATES Fa:E ul t f PMt4r FAX NOW E11 w w► Te- O0. Phan a w Rt[ • Memo - 1 R Toe DWI"" Uenre, Hlatork ftlaenratbn ONOW rY Dallas "n Marle~MMcA~~03L ZJrl98 Tr, Rae Hlst*ft Lsro*T,3rlt Comm►99lon MY kq* sold our horror In Canton. Tha C fly $eerdtary/rs ofKoa iMiooMd Cortvnissknen mull be residents o(the Y of Denton, Ther&bm, I rrxnt ra ftm my pOSM On 9%dhre Septam6ar 30, too. pw* you for Your help end bat wishes. .1 1 0 1 C ' I k.Y I • has I } y 4 a,l A . } ,r . y.. _ • v'i f 1f RM 1 d tires 0 ^,rr w,~aT~' 11 '1 1 ,,xig 32XIq