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HomeMy WebLinkAbout10-20-1998 o A i I City Council Agenda Packet October 20, 1998 i a r t Lm I 9 AGENDA lpenda he t CITY OF DI:NrON CITY COUNCIL Date- October 20, 1998 Ancr deurmining th,a a quorum is present and convening in an open meeting, the City Council 1 will comrene in a Closed Meeting of the City of Denton City Council on'I'uesday, October 20, i 1998 a+ 5:15 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney, Denton, Texas, at which. the following items will be considered- L Closed N16:cting: 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. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSE-AD M1iET1NO OR ON INFORMATION RECEIVED IN A CONFERENCE:' WITH FMPLOYEFS WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE. WITH TEX. GOVT. CODE CH. 551. THE CITY COUNCIL RESERVES 1111? RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS A1J"ri IORI7.LD I)Y TF.X. GOVT. CODE. SEC. 551.001, I:T SEQ. (I LXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUA11ON OF TIIE CLOSE[) MEETING ON '111F CLOSED MEETING ITEMS NO1 D ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING. W11IEOUT LIMITA110N. SECTIONS 551.071-551.085 OF THE OPEN ME111NOS ACT. t Regular Meeting of the City of Denton City Council on Tuesday, October 20, 1998 at 6:00 p.m. in the Council Chambers of City Hall. 215 Er McKinney Street. Denton, Texas at which the following items will be considered: 1. Pledge of Allegiance A. 11S, Flag E). Texas l lag "I lonor the Texas E log - I pledge allegiance to thee,'Eexas, one and indivisible." I 2. r'onsidcr approval of the minutes of August 4, August 7, August 11, aiO August 13, 1998. r I CITIZEN REPORTS 3, Receive a report from Dessie Goodson regarding the sensitivity and integrity of Police Chief Gary Matheson. • NOVI11,XCEPTIONS o • ,f 4. Consider a request nor an exception to the noise ordinance for a Halloween Costume I'm., at 1218 Avcnue A on Saturday, October 31, 1998 until 2 a.m. 0 , UPON" 0 6 I ONOM O ' i City of Denton City Council Agenda October 20, 1998 Page 2 CONSENT AGENDA Fach of these items is recommended by the Staff and approval thereof will he strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity, to raise questions regarding these items prier to consideration. Listed below are bids and purchase orders to be approved for payment under the Ordinance section of the agenda. Detailed back-up information is attached to the ordinances (Agenda Items 5.16). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items an: pulled, Consent Agenda Items 5.16 below will be approved with one motion. If items are pulled for separate discussion, they, will be considered as the first items under "Items for Individual Consideration". 5. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of materials, equipment, supplies or services; providing for the expenditure of funds therefor: and providing for an effective date. (Bid 02225 -Child Care Programs for Low-Income Fumifics awarJcJ to Denton City County Day School, Inc. in the amount of $23.000.00) 6. Consider adoption of an ordinance accepting competitive bids and awarding a contract for domestic violence, sexual assault, crisis intervention and prevention program; providing for the expenditure of funds therefor; and providing for an effective date. (Bid 02226 - Domestic Violence, Sexual Assault, Crisis Intervention and Prevention Program awarded to Denton County Friends of the Family, Inc, in the amount of $40,000.00) 7, Consider adoption of an ordinance accepting competitive bids and awarding a contract for infant and child care paograms for low-income famihes; providing for the expenditure of funds ther_lov and providing for an effective dale. ([lid 02227 - Infant and Child Care Programs for Loin-Income Families awarded to Fred Moore Day Nursery School. Inc, in the amount of $37,000,00) S. Consider adoption of an ordinance accepting compelitNc bids and awarding a contract for • congregate and home dclivvred meal program for senior :ilizens; providing for the expenditure of funds therefor; and providing for an effective date. {Bid M2228 - C'ongrcEatc and [tonic Delivered Mcal Program for Senior Citizens awarded to Services Program for Agi% Nceds. Inc. in the amount of $26,000,00) 9. C'onrider adoption of an ordinance accepting competitive bids and awarding a contract for self sufficiency program: providing for the expenditure of funds therefor; and providing for an effective date, (Bid 02230 - Sclf Sufficiency Program awarded to [lope. Inc. in the Q a nount of 530.000.00) 10. Consider adoption of an ordinance accepting compelitive bids and awarding a contract for prenatal program for loo-income families; providing for the experditure of funds therefor; and providing for an effective dale. (Bid 02260 - Prenatal Program for Low- Income families awarded to Family l lca!th Care Inc. in the amount of f20.0o0.00) 10 32XIO o . I y i City of Denton City Council Agenda October N, 1998 Page 3 11. Consider adoption of an ordinance accepting competitive bids and awarding :onlract for tenant-based rental assistance administration program; providing for the expenditure of funds therefor, and providing for an effcclive date. (Bid 02269 - Tenant-Based Rental Assistance program awarded to Fairhaven, Inc. in the amount of $79,196.00) i 12. Consider adoption of an ordinance authorizing the City M inager to accept an interlocal agreement with Denton County to authorize participation in various Denton County contracts fn the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date. (File 02292 - Interlocal Agreement with t)enlon County) 13. Consider adoption of an ordinance providing for the expenditure of funds for purchase of materials, supplies or services for the purpose of presenting the Seven Habits of highly l; feclive People training which are available from only one source in accordance with the provisions of state law exempting such purchases from requirements of competitive bids; providing an effective date. (Purchase Order 490111 to Covey Leadership Center in the amount of $51,000.00) 14. Consider udoplion of an ordinance accepting competitive bids and awarding a two )car comraet for the purchase of janitorial services, providing for the expenditure of funds therefor: and providing an elfeclice date. (Bid 02279 - Janitorial Senices awarded to Britton Building Maintenance in the amount of $210.430.00 per year) 15. Consider adoption of all ordinance awarding a contract for the purchase of a court system software package including software, maintenance, and related services as awarded by the State of Texas Ucncral Services Commission; providing for the expenditure of funua thcrclor, and providing for an effective date. (Purchase Order 090104 to Court Specialists, Inc, in the amountof$118A55.00) 16. Consider adoption of an ordinance authorizing the City Manager to execute a personal sersices agreement with Barbara 1. McCall Associates. Inc, to provide certain information and services with regard to legislation of interest to the City. n PUIILIC 1EARING 17, l lold a public hearing and consider an amendment to Specific Use Permit (SUP) 193, a 5 4-ac.,! tract, changing the conditions to allow the addition of a portable building for the purpose o` office space expansion. the current conditions of SLIP 193 allow for the operation of an office headquarters and aclhitytraining center, including overnight camping. This p,operty is legally descriKd as Lot 6, Block E of the Ranch Estates Addition, more commonly known as 4000 W. University, and is located on the north side 0 of State I Iwy. 380 (Universit) Rd.), approximately 1300' cast of Masch Branch Rd. in the City of Denton, Denton County, Texas. 1h: proposal is to bring in a prefabricated building for tftice expansion, (The Planning and Zoning Commission recommends approval 5-0 with conditions.) (I. M-041. Cross Tfinhers GWScolas) 32 X aim" t ' o City of Denton City Council Agenda October 20, 1998 Page 4 VARIANCE 18. Consider approval of an exaction variance from Section 34-116(c), fire hydrants, of the ' Subdivision and Land Development Regulations for Lot 2, Block A, of the Denton Bible Church Addition. The 4.23-acre property is located on the northwest comF: of the Nottingham Drive and Mingo Road intersection. (The Planning and Zoning Commission recommends approval 5-0) ~ i 19. Consider approval of an exaction variance from Section 34.116(e), water line capacity, of the Subdivision and Land Development Regulations for I.ol 2, Block A, of the Denton Bible Cburch Addition. The 4.23-acre property is located on the northwest corner of the Nottingham Drive and Mingo Road intersection. (The Planning and Zoning Commission recommends approvat 5-0) ITEMS FOR INDIVIDUAL CONS DFRATION 20. Consider approval of a resolution to decla-e the intent to reimburse expenditures from unreserved fund balance of the electric fund with Certificates of Obligation bonds; and providing an effective date. 21. Consider approval of a resolution to declare the intent to reimburse expenditures for public safety equipment (a quint and a snorkel) with C_rtificates of Oblivlmion and providing an effective date. 22. Consider approval ofa resolution nominating members to the Appraisal Review Board of the Denton Central Appraisal District; and declaring an effective date. I 23. ('(insider adoption of an ordinance authorizing the City Manager to execute an airport (rase agreement between the City of Denton and Jim Osborne to lease certain premises of the Municipal Airport fir the purpose of constructing and maintaining office and hangar facilities Ihercon; and providing an effective date. 24. Consider adoption of an ordinance authorizing ajoint public hearing with the Planning and /oning Commission and the City Council to be held on November 17. 1998 pursuant 4 A to texas Local Government Code §211.007 (b) at the City Council Chambers at 7 o'clock p.m. to consider recommendatiot, and action upon an ordinance creating a corridor overlay district; prescribing notice of the joint meeting pursuant to Tcxas Local Government Code §§'211,007 (d) by running newspapcr ad and mailing notice to owners within the proposed dclmed corridor boundaries, 1 25, Consider adoption of an ordinance granting a license to Acme Brick Company for the 0 pu pose of maintaining and ofcrating a natural gas pipeline within the public right-oG way of the City of Denton. Texas; providing for a license fee; providing far the regulation of the construction, reconstruction, maintenance, and use thereof 2G. Consider adoption of an ordinance approving a real estate contract between the City of Denton and Texas Instruments, Inc. relating to the purchase of two tracts totaling 0.251 r 25 U 32XI❑ 5. srmwsr - . 0 i City of Denton City Council Agenda October 20, 1998 Page 5 acres of land for the expansion of U.S. Highway 77 (Parcel 10); authorizing the expenditure of funds therefore; and providing an effective date. (The Planning and Zoning Commission recommends approval 7-0.) 27. Consider adoption of an ordinance approving a real estate contract between the City of ) Denton and ,Sfary Ann Burch and Mitch Edwin Mullens, relating to the purchase of 0.157 acres of land for the expansion of U.S. Highway 77 (Parcel 18); authorizing the F expenditure of funds therefore; and providing an effective date. (The Planning and Zoning Commission recommends approval 7.0.) 28. Consider adoption of an ordinance approving a real estate contract betAecn the City of Denton and Don R. Swudley and Janette NJ, Swadley, relating to the purchase of 0.178 acres of land for the expansion of U.S. Ilighway 77 (Parcel 28); authorizing the expenditure of funds therefore; and providing in effective date. (The Planning & Zoning Commission recommends approval 7-0.) j J 29. Consider a motion to authorize the holding of a City Council meeting outside of City Ilall. 30. Consider nominations and appointments to the City's Boards and Commissions. 31. Miscellaneous matters from the City Manager. 32. New Business 'this item provides a section for Council Members to suggest items for future agendas. 33. Possible continuation of'Closed Mecting under Sections 551-071-551.085 of the Texas Open Meetings Act. 34. Official Action on Closed Mecting items held under Sect on 551-071-551.085 of the Texas Open Meetings Act. r A C'F,R i 1FICATE ' I certify that the above notice of meeting was posted on the bulletin board at the City Ilall of the (pit) of Denton, -Texas, on die _-_Jlay of , 1998 at o'clock (a in.) (p.m.) 1 CITY SECRETARY r~.NO"iF: T71F? C'IIY OF DEN'TON C1I"Y C'OUNC'IL C'IIAMBERS IS ACCESSIBLE IN AC'CORDANC'E: WI I I I 1IIE AMERICANS WITH DIMBILITIES ACL TFIE CITY WILL PROVEDF. SIGN LANGUAGE INTERPRETERS FOR '17111? HEARING IMPAIRED IF ;;^~is; t' z5 SCI 32x❑ f ` 0„. , 1 1 ,.,...,.n: rnnur...M'Yi1:'.b4 M"L.J.... J..... u. n....r._. rv.:,.. I . l City of Denton City Council Agenda October 20, 1998 Page 6 REQUF,STED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. ? PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349.8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1.80()- RELAY-TX SO THAT A SIGN LANGUAGE, INTERPRETER CAN BE SCHFDULF.D THROUGH WE CITY SECRETARY'S OFFICE. r r. r 9 1 4 'r . , t GZ f E an®crx. Agenda t+o.--- CITY OF DENTON CCCY COUNCIL MINUTES Ageoda Item August 4, 1998 _ Date After determining that a quorum was present and convening in an open meeting, the City Council comened in a Closed Meeting on Tuesday, August 4, 1998 at 5,45 p.m, in the Council Work Session Room ?t City Hall. PRESENT: Mayor Miller; Mayor Pro Tern Beasley; Council Members Burroughs, Cochran, Kristoferson, and Young. ABSENT: Council Nlember Durrance 1. Closed Sleeting: A. Consultation with Attorney-Under TEX. GOVT. CODE Sec, 551.071 I . Considered strategy and discussed status of case and possible settlement in V j litigation sty lea Eller Aledia Company v. Sign Board of Appeals of the 01y of Denton and the City of Denton, Case No. 98.50138-367 filed in the 367' District Corot, Denton County. 2, Considered strategy and discussed status and possible settlement of case in litigation styled lhinsen Information Technologies, bn•, v Aaeca Systems, b1c, el at, Case No. 4:97cv308 filed in the United States District Court, Eastern District of Texas, alleging copyright infringement, tortuous interference, and other intellectual property matters. B. Conference with Employees - Under TEX. GOVT, CODE Sec, 551.075, The Council received information from employees during a staff conference or briefing, but did nut deliberate during [be conference. C. Deliberations regarding Real Property - Under TX. GOVT. CODE Sec. 551,072 L Considered an ordinance amending Ordinance No. 98.182 relating to the purchase of right-of-way and construction of public improvements in Lakeview Ranch, to substitute revised Exhibits "A" through" E" in lieu of Exhibits "A" through "C" and adding an 1',0hibit "F" to provide for reimbursement of the ends of condemnation rot 1,83 acres of land located in the Ni. Forrest Survey. Abstract No. 417 authorized by Ordinance No. 98- 082. The Council comened into a Regular Meeting on Tuesday, August 4. 1998 at 7:00 p to. in the j Council Chambers of City Hall. PRLSLN Il Mayor Nlillcr; Mayor Pro Tern Beasley; Council Members Burroughs, Cochtvi,, Kristofcrson, and Young, y, AIISLN r: Cotmcil Member Durrance 1. Pledge of Allegiance I lie Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas flags. °r X io 2. 32XID CITY OF DENTON CITY COUNCIL MINUTES August 4, 1998 Aller determining that a quorum was present and convenin3 in an open meeting, the City Council convened in a Closed Meeting on Tuesday, August 4,1998 at 5:45 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, 1 Kristoferson, and Young. ABSENT: Council Member Durrance 1. Closed Meeting: A. Consultation with Attomey-Under TEX. GOVT. CODE Sec. 551.071 1. Considered strategy and discussed status of case and possible settlement in litigation styled Bllerbledia Company v. Sign Board of Appeals ofrhe Ciry of Denton and the City of Denton, Case No. 99.30138.367 filed in the 367°i District Court, Denton County. 2. Considered strategy and discussed status and possible settlement of case in litigation styled Hansen Information Technologies, Inc. v. Azieca Systems, Inc., et al, Case Nn. 4:97cv308 filed in the United States District Court, Eastern District of Texas, alleging copyright infringement, tortuous interference, and other intellectual property matters. B. Conference with Employees - Under TEX. GOVT. CODE See. 551.075. The Council received information from employees during a staff conference or briefing, but did not dcli4crate during the conference. C. Deliberations regarding Real Property - Under TX. GOVT. CODE Sec. 551.072 L Considered an ordinance amending Ordinance No. 98.182 relating to the purchase of right-of-way and construction of public improvements in Lakeview Ranch, to substitute revised Exhibits "A" through "E" in lieu of Exhibits "A" through "C" and adding an E'.hibit "F" to provide for reimbursement of the costs of condemnation for 1.53 acres of land located in the M. Forrest Survey, Abstract No. 417 authorized by Ordinance No, 98- 082. e The Council convened into a Regular Meeting on Tuesday, August 4, 1998 at 7:00 p.m. in the Council Chambers of City Hall, PRESENT: Slayor Miller; Mayor Pro Tent Beasley; Council Members Burroughs, Cochran, Kristoferson, and Young. ABSENT: Council Member Durrance o e 1. Pledge of Allegiance q~ The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas 1 flags. ~~I~ 32xf0 0 f City of Denton City Council Minutes August 4, 1998 Page 2 PMENTATIONS/AWARDS 21 Presentations A. Yard of the Month Awards Mayor Miller presented the following August Yard of the Month Awards, Denise and Ralph Harpool Lillie Burger Lisa and Scott Holman David and Barbara Ellis Country Park Apartments - Commercial property The Greenhouse Restaurant - Downlown Business Award B. Keep Texas Beautiful Awards Cecile Carson presented Keep Texas Beautiful Awards as indicated in the agenda materials. C. Tree City USA award by Larry Schaapveld, Texas Forest Service Mr. Schaapveld presented the award to the Mayor and members of the City Council. CITIZEN REPORTS 3. The Council received a report from Roland Wade regarding City building codes vs. The Antcricans with Disabilities Ad. Mr. Wade was not present at the meeting, 4. The Council received a report from Dessic Goodson regarding the City of Denton and the resignation of Mayor Jack Miller. Ms. Goodson stated that at her recent trial she was charged with bogus charges. She felt that this was a way to get her to be committed to the mental institution at Witcha Falls. She felt that the City had violated hcrrights secured under the Constitution. Another similar case was not charged against i the person making similar charges against the City. She asked for the Mayor's resignation as he all ,wed her to live without utilities. j NOISE EXCEPTIONS 5, The Council considered a request for an exception to the noise ordinance for the Adults for Youth in Denton for a pool party on August 7, 1998 from 8;30 p.m. to 12:00 midnight. (Civic O Center Pool) Jennifer Goodman, Management Assistant, stated that this request was for an exception for the Adults for Youth program in Donlon The location of the party would be the Civic Center Pool. This event had been held before with no complaints received last year, Beasley motioned, Young seconded to approve the request. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Kristofcrson "aye", Yc ^g "aye", and Mayor Miller "aye", Motion carried K i f.~ 32 x I ❑ 1 e ' Mon" ' II o n j SLRJPM i City of Denton City Council Minutes August 4, 1998 Page 3 unanimously, CONSENT AGENDA Council Member Young asked for discussion on Items 49, 11, and 13. Council Member Young asked for the time frame for Item 09 would take and when the construction would begin. Jill Jordan, Directorof Water/Wastewater, 4tated that the project would be completed in November. It would be several weeks before the bor, cre completed and the project ready to start. Council Membcr Young asked why no local businesses bid on Item #11. Tom Shaw, Purchasing Agent, stated that bids were sent to nine qualified companies. He did not know why some of the companies did not respond. Council Member Young asked how long Item 09 would take amt when the construction would begin. He asked that letters be sent to area residents regarding the construction. Rick Svchla, Deputy City Manager, stated that it was standard procedure to notify aria residents of p pending construction projects. This project was for the design phase and not the actual beginning of construction. Cochran motioned, Young seconded o approve the Consent Agenda and the accompanying ordinances. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Kristofcrson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 6. NO. 98.214 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR IHE SEMI-ANNUAL INVOICE FOR DENTON'S SHARE OFCURRENT DEBT SER'i ICE REIMBURSEMENT OF COST FOR DESIGN AND CONSTRUCTION OF JOINT TREATED WATLI PIPELINE; AND PROVIDING AN EFFECTIVE DATE. (Check Requisition to Upper Trinity Regional Water District in 0 the arnount of $27,994.43) 7. NO. 98-215 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A PUBLIC WORKS CONTRACT FOR THE ECTOR STREET WATERLINE IN THE AMOUNT OF $297,230.50; PROVIDING FOR SHE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. W (Bid #12,12 - Ector Street Wa erline awarded to Circle C Construr0on in the amount of 5297,230,50) 8, NO. 98-216 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A CONTRACT FOR PUBLIC WORKS ON DRAINAGE IMPROVEMcNTS I rF,~; v 2h CJ 32XO s 0% o • City of Denton City Council Minutes August 4, 1998 Page 4 FOR MOCKINGBIRD CULVERTS IN THE AMOUNT OF $164,437.90; PROVIDING FOR THE LXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (Bid #2213 - Mockingbird Drainage Improvements awarded to Earth Builders, Inc. in the amount of $164,431.90) I 9. NO. 98-217 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A PUBLIC WORKS CONTRACT FOR THE KERLEY STREET WATERLINE IN THE AMOUNT OF $826,041.00; PROVIDING FUR THE y EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DA fE (Bid #2233 - Kerley Street Waterline awarded to Bowles Construction in the amount of $826,041.00) 10, NO. 98-218 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A CONTRACT PROVIDING FOR THE SALE OF CERTAIN REAL ESTATE OWNED B'.' THE CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid #2218 - Sale of Land 0.466 Acres Well Site No. 10 awarded to Faith Tabemacle Assembly of God Church ` in the amount of $1,001.00) II. NO. 98-219 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWAI 11NG A CONTRACT FOR VEHICLE LIABILITY INSURANCE; PROVIDING FOR IHE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (Bid #2232 - Vehicle Liability Insurance awarded to Higginbotham and Associates in the amount of $35,143.00) 12. NO. 98-220 AN ORDINANCE AWARDING A CONTRACT FOR A FIVE-YEAR LEASE PURCHASE OF A COLOR COPIER AND ACCESSORIES AS AWARDED BY THE S STATE OF TEXAS GENERAL SERVICES COMMISSION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (P.O. #St)143 to Davka in Ibe annual amount of 519,884.00) 13. NO. 98-221 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A 0 ' PROFESSIONAL SERVICES AGREEMENT WITH CARTER & BURGESS, INC. FOR DESIGN OF EAGLE DRIVE AND COLLINS STREET DRAINAGE IMPROVEMENTS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. II f 10 32XIO 0 _ r City of Denton City Council Minutes I August 4, 1998 Page 5 PURLIC HEARINGS 14. The Council held ajoint City CounciLPlanning and Zoning Commission public hearing to hear comments regarding the draft interim Corridor Ordinance. Dave IMI, Director of Planning and Development, stated that adifferent type of zoning notification was used for this case. The additional requirements were proposed so as to inform individuals inside the corridors. Sidle law required a;oint Plaruing and Zoning Commission and City Council meeting and allowed for a deviation from normal public notification requirements. Staff contacted every property ownor who owned property inside the corridors instead of notifying those property owners within 200 f :t outside the corridors. He asked that Council receive a staff presentation, open and close the pr do hearing, hold a discussion on the issue and close the discussion for an August 11th approval or the ordinance. Discussion of a corridor ordinance darted last summer and in January was formally placed on a list of items Council requested staff prepare for an ordinance. The small area planning staff looked at different kinds of regulations in other cities and discussed with other individuals who had worked with these types of regulations. There were fourteen items of discussion from the most recent discussions with the Chamber on the issue. At this point in time, the proposal was incomplete, Mayor Al iller stated that there would be a work session next week for review of the input received at this meeting, Council would consider those items and then direct staff to draft an ordinance for consideration. The Mayor opened the public hearing. The following individuals spoke regarding the proposal: Nl'lke Rummell - 120 Friar Tuck, Denton, 76201• opposition Valerie Meredith - 3418 Teasley Lane, Dcnton 76205 • opposition Joe Dodd 1107 Greenlee, Denton, 76201 - opposition Bil l Fnlow - 1206 Shady Rest, Corinth, 76208 • opposition Toni Farlow - 3310 Santa Monica, Denton, 76205 - opposition Iom Rceee - 919 Kilkenny, Dcnton, 76205 - opposition Frank Martino - 600 N, Loop 288, Denton, 76201 - opposition 0 Jinn Strauss - 3813 Ccvcllc, Denton, 76201 • opposition Joc BcndAck - 1810 Teasley Lane, Denton, 76205 - opposition Mikc Whiticn - 213 N. Elm, Denton, 76201 - opposition Wn Dillard - 5000 Thanksgiving Towcr, Dallas, 75252 -opposition Rene C'assar - 2212 Fort Worth Drk c, Denton, 76205 - opposition Dana Miller - 419 S. Carroll tt2B, Denton, 76201 - opposition • Les Holland - 3760 Holland t are, Denton, 76208 - opposition Marshall Smith - 604 Pearl Street, Denton, 76201 - opposition i Bill Check, Jr. 3020 Fort Worth Drive, Denton, 76205 - opposition S e Michael Wright - 2129 Fairfax, Denton, 76205 - opr,3sition 1 Jerry Kelsoc - P.O. Drawer R, Denton, 76202 - opposition Edwin Fulton 729 Greenwood, Denton, 76201 - opposition Toni Jester, Jr. - 201 Pennsylvania, P.O, Box 280, Denton, 76202 - opposition Weldon Burgoon - Rt. 2, Box 6348, Denton, 76208 - opposition k ;r win" ' a City of Denton City Council Minutes August 4, 1998 Page 6 Steve Knight - 611 Fort Worth Drive, Denton, 76205 - opposition George Highflll - 3204 Windy Hill, Denton, 76201 - neutral Larry Bailey - 3819 W. University, Denton, 76207 - opposition Johnny Smith - Smith Brothers Roping Supplies - opposition Nance Ustick - 104 East Brown Terrace, Shady Shores, 76208 - favor Girmy Watts - Rt, 15, Box 350A, Denton, 76201 - favor Don White - 2105 Savannah Trail, Denton, 76205 - opposition Jim Kirkpatrick - 2026 Fordham, Denton 76201- opposition Bob Widmer - 513 W. Oak, Denton, 76201 - neutral Slick Smith - 31) Sign and Sales - neutral Mayor Miller stated that he had Speaker Cards from the following individuals who did not wish to address the Council: Cliff Reding - 211 Woodrow, Denton, 76205 - opposition Curtis Ramsey - 2028 Burning Tree, Denton, 76201 - favor William Johnson - 707 Parkview, Richardson, 75080 - opposition Gerald Simmons - 432 Taylor Rd., Argyle - opposition Larry Zimmerer - 1421 N. Loop 288, Denton, 76201 - opposition Gerald Mitchell - 2575 Egan Road, Denton, 76207 - op,osition Tom Gobble - 3901 Grant Parkway, Denton, 76208 - opposition Robert Harris - 5311 1.35N, Denton, 76207 - opposition Mark Foster - Fosters Western Wear, P.O. Box 312, Krum, 76207 - opposition 1.13.1feisler, Jr. -1200 Cowling Road, Sanger, 76266 - opposition I Shirley Haisler - 1200 Cowling Road, Sanger, 76266 - opposition Sherry and Leonard Body - 3500 Fort Worth Drive, Denton, 76205 - opposition Penny Ashley - 3109 Donna road, Denton, 76207 - opposition Karen Vinney -1820 W. Oak, Denton, 76201 - favor Nub Neighbors - 2720 James, Denton, 76205 - opposition 1 he Mayor closed the public hearing. Bob Powell, Planning and Zoning Commissioner, stated that this proposal would have Zoning beyond the Zone. He had voted against it at the Planning and Zoning Commission meeting. He was not sure that it was legal zoning, 1 Council Member Cochran stated that he would like to digest all of the information presented at this meeting and discuss it at the next meeting. Mayor Miller staled that Council would be addre sing this issue at the work sess;on. 13. The Council held a public hearing and considered approval of a resolution adopting a Flood 40 Miligatlon Plan for the City of Denton, Texas, in compliance with the Nati^ral Flood Insurance L R-fonn Act of 19 4 as administered by the Federal Emergency Management Agency for the purpose WI of implementing a plan of action for upgrading or Improving floodplain management W qualifying for federal financial assistance; and declaring an effective date. (The Planning & Zoning Y` Commission recommended approval 6.0.) i 25 x Ll 32X • ' o V pf7iiXi'R City of Denton City Council Minutes August 4, 1998 Page 7 Rick Svchla, Deputy City Manager, stated that the resolution was a means to help acquire grants to I purchase right-ofway for floodplain management and qualifying for federal financial assistance, The purpose of the public hearing was to receive public comments regarding the plan. The Mayor opened the public hearing. No one spoke regarding the issue. The Mayor closed the pubic hearing, The following resolution was considered: NO, R98-035 f A RESOLUTION ADOPTING A FLOOD MITIGATION PLAN FOR THE CITY OF DENTON, TEXAS, IN COMPLIANCE WITH THE NATIONAL FLOOD INSURANCE REFOR;,I ACf or 1994 AS ADMINISTERED BY THE FEDERAL. EMERGENCY NIANAGEMENf AGENCY FOR THE PURPOSE OF IMPLEMENTING A PLAN OF ACTION FOR UPGRADING OR IMPROVING FLOODPLAIN MANAGEMENT AND QUALIFYING FOR FEDERAL FINANCIAL ASSISTANCE; AND DECLARING AN EFFECTIVE DATE. Beasley motioned, Young seconded to approve the resolution, On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 16. The Council held a public hearing and considered approval of a cha%c in zoning on an 11.484 acre tract fiom Agricultural (A) zoning classification and use designation to Commercial, conditioned (C[cj) tuning district end land use designation; and providing an effective date. (Z-98- 009, Rancho Vista) (The Planning & Zoning C immission recommended approval 5-0.) Dave Hill, Director of Planning and Development, stated that this request was to rezone l 1.484 acres from agricultural to commercial conditioned. The land use intensity and concentration criteria in • the 1988 Plan was consistent with the request, A commercial land use was compatible with t j surrounding development and surrounding zoning. The Phnning and Zoning Commission had recommended approval, A condition of approval was that lighting was not to shire on or disturb surrounding property. 'f he same conditions were imposed on this propery as on a truck repair business on Loop 288. The Mayor opened the public hearing, • Q • Don Dillard stated that 60 acres around this property were already in an approved plan. One issue was annexation and one issue was zoning, lie was asking for the balance of the 60 acres to be zoned commercial, The eight conditions from the staff were in conjunction with the corridor ordinance and I he felt that the propo, it should be consistent with the rest of the property. Council Member Burroughs asked with what conditions Dillard was having a problem. 32X Io , worm= City of Denton City Council Minutes August 4, 1998 Page 8 Dillard stated tia' u'.dcr the commercial guidelines, he already had a concept plan for the properly. He felt that the corridor comments were not necessary. He wanted to put the entire property in the city limits as commercially zoned property. The Mayor closed the public hearing. The following ordinance was considered: NO. 98-221 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CNAN(iF FROM THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USL DESIGNATION TO THE COMMERCIAL CONDITIONED (C[c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 11,484 ACRES OF LAND LOCATED NORTH OF HIGHWAY 71, EAST OF ITS INTERSECTION WITH 1.35; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Miller seconded to adopt the ordinance as approved by the Planning and Zoning Commission. On roll vote, Beasley "aye", Burroughs "aye", Cochran "eye", Krisioferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. Council considered Item 018. 18, The Council considered adoption of an ordinance annexing a 30,32 acre tract located north I of Highway 77, east of its intersection with 1.35; establishing commercial, conditioned, (C[c]) zoning district classification and use designation on the annexed land; and providing an effective data (A-76, Rancho Vista) (The Planning and Zoning Commission recommended approval 5-0.) Dave Hill, Director for Planning and Development, stated that this was the second reading for this ii ordinance, The Mayor opened the public hearing. No one spoke on the issue. I The Mayor closed the public hearing. The following ordinance was considered: NO. 98-224 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING A TRACT 0 COMPRISING 30.320 ACRES, LOCATED NORTH OF HIGHWAY 77, EAST OF 1N1 ERSTATE 35; CLASSIFYING THE ANNEXED PROPERTY AS COMMERCIAL, t t CONDITIONED (C[c]) ZONING CLASSIFICATION AND USE DESIGNATION; PROVIDING FOi2 A PENALTY IN THE MAXIMUM AMOUNT OF $2,000,00 FOR V10LAT'ONS THEREOF; AND DECLARING AN EFFECTIVE DATE, ~II 75 ~Q 32XI❑ 0 to • i City of Denton City Council Minutes August 4, 1998 Page 9 Cochran motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carved unanimously. 17. The Cc ncil held a public hearing and considered approval of a request to rezone a 14.31 acre tract from Agricultural (A), Office, conditioned (O[c]►, and One-Family Dwelling (SF-10) zoning classification and use designation to Office, conditioned (0[c)) zoning district and land use designation and the revocation of Specific Use Permits Number 194 and 196. The property was located west of Bonnie Brae Street, approximately 750 feet north of Willowwood Street in southwest Denton, Expansion of Liberty Christian School was proposed. (Z-98.031) (The Planning & Zoning Commission recommended approval 7.0.) Dave Hill, Director of Planning and Zoning, stated that the purpose of the proposal was for an expansion of the Liberty Christian School. Three conditions were imposed on the property from the r' Planning and Zoning Commission meeting. The Mayor opened the public hearing. No one spoke on tb: iLsue. The Mayor closed the public hearing. ` The following ordimmce was considered: NO. 98-223 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE AGRICULTURAL (A) OFFICE, CONDITIONED (O[c]), AND ONE FAMILY DWELLING (SF-10) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE OFFICE CONDITIONED (0[c)) ZONINO DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 14.31 ACRES OF LAND LOCATED ON THE WEST SIDE OF BONNIE BRAE STREET, APPROX!MATELY 750 FEET NORTH OF WILLOWWOOD STREET; PROVIDING FOR THE REVOCATION OF SPECIFIC USE PERIM rs NUMBER ONE HUNDRED NINETY-FOUR (194) AND ONE HUNDRED NINETY-SIX (196); PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. i Beasley motioned, Kristoferson seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "ayc'", Cochran "ayc", Kristoferson "ayc", Young "ay", and Mayor Aliller "ayc". Motion " carried unanimously. ITEMS FOR INDIVIDUAL CONSIDERATION O 19. The Council considered approval of a resolution of the City of Denton, Texas approving the 1 1998-1999 budget of the Denton Central Appraisal District; and declaring an effective date. Knthy DUBosc, Assistant City Manager for Finance, stated that Council reviewed this budget at its last meeting, i Ell 10 32XIO UAW. u 1f City of Denton City Council Minutes 1 August 4, 1998 Page 10 { I The following resolution was considered: NO. R98-036 " A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING THE 1998.1999 BUDGET OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. Burroughs motioned, Beasley seconded to approve the resolution. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Kristofec,on "nay", Young "aye', and Mayor Miller "aye'. Motion carried with a 5-1 vote. 20. The Council considered approval of a resolution voting for a member to the Board of Managers of the Denro Area 9-1.1 District; and declaring an effective date, Kathy DuBose, Assistant City Manager for Finance, stated that Council had nominated David Fowler to the Denco 9.1-1 Board. I The following resolution was considered: NO. R98.037 ` A RESOLUTION VOTING FOR A MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9.1.1 DISTRICT; AND DECLARING AN EFFECTIVE DATE. Kristoferson motioned, Young seconded to vote for Harlan Jefferson. On roll vote, Beasley "eye", Burroughs "aye", Cochran "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carved unanimously. 'I 21. The Council considered adoption of an ordinance authorizing the issuance, sale, and delivery of City of Denton Utility System Revenue Refunding Bonds, Series 19988, and approving and authorizing instruments and procedures relating thereto; and providing an effeclive date, Kathy DuBose, Assistant City Manager for Finance, stated that this refunding was to refund approximately S7 r million of utility debt. • David Medanich, ! st Southwest Company, stated that this was the second part of this transaction. This refunding was for $4.4 million of 1989 bonds and $2.74 million of 1992 bonds. These would be replaced with bonds with better interest. The following ordinance was considered: i i • NO. 98-225 • • AN ORDINANCE AUTHORI7_INO THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON UTILITY SYSTEM REVENUF REFUNDING BONDS, SERIES 19988, y, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE, 10 32X n City of Denton City Council Minutes August 4, 1998 Page 1 l Beasley motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye', Burroughs "aye", Cochran "aye", Kristoferson "aye', Young "aye", and Mayor Miller "aye". Motion carried unanimously. 22. The Council considered adoption of an ordinance of the City of Denton, Texas prohibiting U-tums on certain portions of Wood Street on school days; prohibiting parking on certain portions of Wood Street on school days; providing a severability clause; providing for publication thereof; providing for a penalty not to exceed two hundred dollars; and declaring an effective date. (Traffic Safely Commission unanimously recommended approval.) Rick Svehla, Deputy City Manager, stated that staff and the Traffic Safely Commission recommended appro gal. This would solve problems with u-tums at the Sullivan Keller School. The following ordinance was considered; NO. 98-226 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITING U-TURNS ON CERTAIN PORTIONS OF WOOD STREET ON SCHOOL DAYS; PROHIBITING PARKING ON CERTAIN PORTIONS OF WOOD STREET ON SCHOOL DAYS; f PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION THEREOF; PROVIDING I'OR A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. Kristoferson motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 23. 7 he Council considered adoption of on ordinance of the City of Denton, Texas allowing the closure of portions of Avenue C on Mondays through Fridays from 7;30 a.m. until 3:00 p.m. when pedestrian or vehicular safety require closure; prohibiting the operation of a non-emergency vehicle on closed portions of Avenue C during the times the street is closed; providing a savings clause; providing a severability clause; providing a penally not to exceed two hundred dollars; and declaring an effective date. (Traffic Safely Commission unanimously recommends approval,) Rick Svehla, Deputy City Manager, stated that the University of North Texas was seeking closure of the street in conjunction wilh traffic movement and pedestrian movement in area due to the opening of the new Environrn~ntal Sciences Building. Council Member Beasley felt that a problem with the proposal was that it was trying to anticipate O , tralTic problems. She suggested waiting to see what happened after the building opened. She questioned if enough people had been notified about the process. Fred Pole, VP- Academic Affairs with the University of North Texas, slated that a larger problem would be to not anticipate a problem and then trying to take action later. The new building had a large number of classrooms which would generate a large amount of students crossing Avenue C, This was a request for a limited closing of the street in scope and time. If this were not done, the I 32X10 e , C V r~a+y City of Denton City Council Minutes August 4, 1998 Page 12 same situation could arise as a number of years ago and ending with the need for medians further down on Avenue C. Council Member Kristoferson asked if there could be a time period for review if the proposal were approved. Eric Jackson, University of North Texas Chief of Police, stated that the plan was for maximvm flexibility. The closure could be changed to fit the patterns of pedestrian traffic. He felt this was the only viable option for a solution of the problem, Students did not heed traffic signals nor pedestrian crosswalks. Council Member Cochran stated that the problem was intermittent and not all the time. This proposal might push traffic east and west instead of flowing north and south which would be creating ` problems in other areas of the city where currently there were no problems. He was not sure Council had ill the information on this issue. Ih The following ordinance was considered, NO. 98-227 AN ORDINANCE OF THE CITY OF DENTON, TEXAS ALLOWING THE CLOSURE P OF PORTIONS OF AVENUE C ON MONDAYS THROUGH FRIDAYS FROM 7J0 A.M. UNTIL 3:00 P.M. WHEN PEDESTRIAN OR VEHICULAR SAFETY REQUIRE CLOSURE; PROHIBITING THE OPERATION OF A NON-EMERGENCY VEHICLE ON CLOSED PORTIONS OF AVENUE C DURING THE TIMES THE STREET IS CLOSED; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. Cochran motioned, Young seconded to deny the request. Council Member Young asked if a meeting had been held with citizens in the area for input. Svchia replied that the land owners from Scripture to 133 had been notified. Notification had also 0 been sent to apartments, etc, in the area. l Mayor Pro Tern Beasley was not sure the neighbors in the area had been properly notified and was not sure about the magnitude of the problem. Pole stated that announcements had been made and this had not been done in the dark. He felt this 0 was a serious question and asked what if this were not lone and a worse problem was created than 0 ! 0 having to drive around a block. He would agree to & trial period during the fall semester On roll vote for denial, Beasley "nay", Burroughs "nay", Cochran "aye", Kristoferson "nay", Young "aye", and Mayor Miller "nay". Motion failed with a 2.4 vote, Beasley motioned, Kristoferson seconded to adopt the ordinance with the stipulation that it would be reviewed aflcr the fall semester, On roll vote, Beasley "aye", Burroughs "aye', Cochran "nay", 32 X ARN" O 4 I A*"WAa City of Denton City Council Minutes A m-ust 4, 1998 Page 13 Kristoferson "aye", Young "nay", and Mayor Miller "aye', Motion carried with a 4.2 vote, 24. The Council considered adoption of an ordinance partially vacating certain public utility and drainage easements recorded in the Real Property Records of Denton County, Texas, at Volume 1686, Pages 0852 and 0858; and providing for an effective date. (Southridge Estates, Phase Ill) Rick Svehla, Deputy City Manager, stated that as this area was developed and platted, a new easement for utility/drainage access was done. This would abandon the old easement that was no longer needed. The following ordinance was considered: NO. 98-228 AN ORDINANCE PARTIALLY VACATING CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS RECORDED IN THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, AT VOLUME 1686, PAGES 0852 AND 0858; AND PROVIDING FOR AN EFFECTIVE DATE. Kristoferson motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye', Cochran "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye Motion carried unanimously. Itcm 030 was considered. 30, The Council received a report, held a discussion, and gave staff direction regarding the Initiative Petition "Standard Hours Area", Herb Prouty, City Attorney, stated that staff had checked on a brief submitted from Ben E. Keith regarding the City right to change the standard and late hours ordinance. In discussions with the Attorney General's office and the General Counsel of the Texas Municipal League, his opinion had not changed that the Council could take action in accordance with the petition. This was informal information from the Attorney General's office, His recommendation was to hold a public hearing • and read the ordinance in accordance with the City Charter, The Council could then make a decision as to approve the proposal or hold an election. The public hearing could be held on August 181h and shortly thcrcafter Council would have to make a decision to enact the proposal or hold an election, Consensus of the Council was to hold a public hearing on August 18' and consider action on September V. • Council returned to Item 025. • • 25. The Council considered adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a second amendment to the professional services agreement for consulting services relating to Denton Municipal Electric with R. J. Covington Consulting for professional services peaaining to electric restructuring and assistance and support of city staff respecting Public Utility Commission of Texas Project No. 18703, authorizing the expenditure of ,a 7h x 32 x~E7 U 1 City of Denton City Council Minutes August 4, 1998 Page 14 i i funds therefor; and providing an effective date. (The Public Utilities &iard recommended approval 3.0.) Sharon Mays, Director of Electric Utilities, stated Ilix this was a response to the PUC proceeding Project No. 18703 that dealt with transmission rates •tnd electric restructuring. The following ordinance was considered: NO. 98-229 AN ORDINANCE OF THE CITY 01 DENTON, TEXAS AUTHORIZING WE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES RELATING TO DENTON MUNICIPAL ::LECTRIC WITH R. J. COVINGTON CONSULTING FOR PROFESSIONAL SERVICES PERTAINING TO ELECTRIC RESTRUCTURING AND ASSISTANCE AND SUPPORT OF CITY STAFF RESPECTING PUBLIC UTILITY COMMISSION OF TEXAS PROJECT N0. 18703; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Kristoferson seconded to adopt the ordinance. On roll vote, Beasley `aye", Burroughs "aye', Cochran "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 26. T he Council considered adoption of an ordinance authorizing the City Manager to execute an amendment to the professiona! services agreement with seed Consulting Group for consulting services related to electric restructuring by adding a task order and authorizing payment of additional , compensation; and providing for an effective date. (The Public Utilities Board recommended approval 3-0.) Sharon Mays, Director or Electric Utilities, stated that this was the firm that helped the City with its electric restructuring. The retainer would be to assist with options that the four cities were examining in regards to the TMPA ocbl. The following ordinance was considered: NO. 98.230 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH REED CONSULTING CROUP FOR CONSULTING SERVICES RELATED TO ELECTRIC RESTRUCTURING BY ADDING A TASK ORDER AND AUTHORIZING PAYMENT OF ADDITIONAL COMPENSATION; AND PROVIDING FOR AN EFFECTIVE DATE. Kristoferson motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "ay;-", d Burroughs "aye", Cochran "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion parried unanimously. 17. The Council considered adoption of an ordinance authorizing the City Manager to execute a water main prorata reimbursement agreement between the City of Denton and Dieter Schwarz by NR & R1 Properties L.P., his attorney in fact, to reimburse owner for the costs of building water i i MIR A AMU= I o I 1 TAWW" i . I f City of Denton City Council Minutes August 4, 1998 Page 15 `I main through prorata charges paid to the city; and providing an effective date. (Lakeview Ranch) Jill Jordan, Director of Water/Wastewater, stated that the Lakeview subdivison currently did not have water anywhere close to it. In order io serve water it would have to be brought from the Clayton Estates Mobile Home Park. The following ordinance was considered: NO. 98-231 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN PRORATA REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF r)ENTON AND DIETER SCHWARZ BY NR & RJ PROPERTIES L,P„ HIS ATTORNEY IN FACT, TO REIMBU,nSE OWNER FOR THE COSTS OF BUILDING WATER MAIN THROUGH PRORATA CHARGES PAID TO THE CITY; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously, 28. The Council considered adoption of an ordinance authorizing the Mayor to execute a water main cost participation agreement between the City of Denton and Dieter Schwarz by NR & RJ Properties 1.P., his attorney in fact, for the City's participation in the oversizing ofa water main and in accordance wit', the terms and conditions of this ordinance; authorizing the expenditure of funds therefor; and providing an effective date. (Lakeview Ranch) The following ordinance was considered: { NO. 98-232 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON ANI- DIETER SCHWARZ BY NR & RJ PROPERTIES L.P., HIS ATTORNEY IN FACT, FOR THE CITY'S PARTICIPATION IN THE OVERSIZING OF A WATER MAIN AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE; A AUTHORIZING THE EXPENC:TURE OF FUNDS THEREFOR; AND PROVIDING AN "FFECTIVE DATE. { Heasley motioned, Young seconded to adopt the ordinance, On roll rote, Beasley "aye", Burroughs „ "aye", Cochran "aye", Kristoferson "aye", Young "eye", and Mayor Miller "aye". Motion carried unanimously, 29. The Council considered adoption of an ordinance of the City of Denton, Texas authorizing } the City Manager to execute an agreement between the City of Denton and the Upper Trinity Regional Water District and the city of Lewisville concerning the pass-through of water from Cooper (Chapman) Lake in accordance with the terms and conditions of said agreement; providing consideration for the pass-through of said water and for the interim and long term sale of Denton's share of the Cooper Lake water under certain circumstances; end providing for the coordination of I 5 10, 32xIa 0 a City : f Denton City Council Minutes I August 4, 1998 Page 16 i daily usage, water accounting and an operating protocol and other procedures set forth in the body of said agreement; and providing for an effective date. The following ordinance was considered: NO. 98-233 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE UPPER TRINITY REGIONAL WATER DISTRICT AND THE CITY OF LEWISVILLE CONCERNING THE PASS-THROUGH OF WATER FROM COOPER (CHAPMAN) LAKE IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SAID AGREEMENT; PROVIDING CONSIDERATION FOR THE PASS-THROUGH OF SAID WATER AND FOR THE INTERIM AND LONG TERM SALE OF DENTON'S SHARE OF THE COOPER LAKE WATER UNDER CERTAIN CIRCUMSTANCES; AND PROVIDING FOR THE COORDINATION OF DAILY USAGE, WATER ACCOUNTING AND AN OPERATING PROTOCOL AND OTHER PROCEDURES SET FORTH IN THE BODY OF SAID AGREEMENT; AND PROVIDING FOR Ate EFFEC NVE DATE. Cochran motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Burro :gbs f "aye", Cochran " yc', Kristoferson "aye", Young "aye", and Mayor Miller "aye'. Motion curried unanimously. 31. The Council considered adoption of an ordinance sumorizing the City Manager to make an application with and then to execute a public transportation agreement and. subsequent amendments with the Texas Department of Transportation for funding public Iranspoiation; and providing an effective data Rick Svehla, Deputy City Manager, stated that this ordinance would allow the City Manager to sign the application for a public transportation agreement and the authorization to sign subsequent i' amendments as needed. The following ordinance was considered: 0 NO. 98-234 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO MAKE AN APPLICATION WITH AND THEN TO EXECUTE A PUBLIC TRANSPORTATION AGREEMENT AND SUBSEQUENT AMENDMENTS WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR FUNDING PUBLIC TRANSPORTATION; AND PROVIDING AN EFFECTIVE DATE. Kristoferson motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye" z Burroughs "aye', Cochran "aye", Kristoferson "aye", young "aye", and Mayor Miller "aye". Motion carried unanimously. .t, y Ira 32X1❑ d 0 I City of Denton City Council Minutes August 4, 1998 Page 17 32. The Council considered adoption of an ordinance authorizing the City Manager to file an application with and to execute a grant and subsequent am^ndments with the U.S. Department of Transportation Federal Transit Administration for Project No. TX-90•X446, a grant for funding " public transportation as authorized by 49 U.S.C. §5307; and providing an etfective date. The following ordir _n,e was considered: NO. 98-215 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO FILE AN APPLICATION WITH AND TO EXECUTE A GRANT AND SUBSEQUENT AMENDMENTS WITH THE, U.S. DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMINISTRATION FOR PROJECT NO. TX-90-X446, A GRANT FOR FUNDING PUBLIC TRANSPORTATION AS AUTHORIZED BY 49 U.S.C. §5307; AND PROVIDING AN EFFECTIVE DATE. Cochran motioned, Young seconded to adopt the ordinance. Ca roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Kristoferson "aye", Young "aye", and td3yor Miller "aye". Motion carried unanimously. 33. The Council considered approval of a resOlution appointing Michael Jez as City Manager for the City of Denton; authorizing the Mayor to execute an agreement for his terms of employment; and declaring an effective dale. The following resolution was considered: NO. R98-038 A RESOLU'rION APPOINTING MICHAEL JE7. AS CITY MANAGER FOR THE CITY OF DENTON; AUTHORIZING THE MAYOR 10 EXECUTE AN AGREEMENT FOR HIS TERMS OF EMPLOYMENT; AND DECLARING AN EFFECTIVE DATE. Burroughs motioned, Cochran seconded to approve the resolution. On roll vote, Beasley "aye", Burrough; "ayc", Cochran "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye', Motion carded unanimously. • 34. The Council considered nominations and appointments to the City's Boards and Corumissionq Mayor Miller asked for a motion to suspend the rules to nominate and vole on those nominations at the same mccling, • 0 ! Burroughs motioned, Beaxlcy seconded to suspend the rules. On null vole, Beasley "aye", ,^urroughs ;l "aye", Cochran "aye", Kristoferson "aye", Young "ayc", and Mayor Miller "aye", Motion carried unanimously. Nominations wcra made and voted on as noted in the handout presented in the agenda back-up materials. -k ; 7 5 32 0❑ f 1 , x . Omar" City of Denton City Council Minutes August 4, 1998 4 Page l8 i 35. Miscellanecas matters from the City Manager. I i City Manager Benavides did not have any items for the Council 36. New Business The following items of New Business were suggested by Council Members for future agendas: A. Mayor Pro Tem. Beasley asked if Council wished to continue with its Adopt-A-Spot B. Mayor Pro Tem Beasley asked for a suggested calendw- for a May Charter election. C. Council Member Young requested an update on the Dentex Air Conditioning situation with Code Enforcement 37. There was no continuation of Closed Meeting under Sections 551.071-551.085 of the Texas Open Meetings Act. The following official action was taken on Closed Meeting items held under Section 551.071- 551.085 of the Texas Open Meetings Act. A, Burroughs motioned, Young seconded to amend Ordinance 98.182 to provide for reimbursement to the City of Denton for costs of condemnation of Lakview Boulevard right-of-way. ; On roll vole, Beasley "aye", Burroughs "aye", Cochran "eye', Kristoferson "aye", Young "aye", and Mayor Miller "eye', Motion carried unanimously. With r,- further business, the meeting was adjourned at 1:00 a,m, r JENNIFER `HALTERS JACK MILLER it V CITY SECRETARY MAYOR • CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS t a. * a 2,5X10 32 X I O A MON" 0 WKINIS i ' CITY OF DENTON CITY COUNCIL MINUTES AUGUST 7, 1998 The Council convened into a Work Session at 9:00 a.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, and Kristoferson ABSENT: Council Members Durrance and Young Kathy DuBose, Assistant City Manager for Finance, stated that public safety was an important part of this budget, A property lax rate reduction was included in the budget that %Os self- supporting. On-going expenses wete balanced with recurring revenues. Major issues of the proposed budget 1. General Fund Reserve Level - It was proposed to maintain the reserve level at 12.5% of total expenditures. The fund balance would be used for one-time resources only and not for ongoing operations. 2, Sales Tax - Staff wai proposing a projected 4% growth over the current year estimate, 3. Property Tax Thv proposed property tax rate was 5.05815 per $100 valuation which was a 10,'0 reduction in thr. rate. The notice of tax revenue increase and the public hearing on tax increase would not be required. 4. Pay Plan Adjustments -The following pay plan adjustments were proposed: Civil Scrvice - 11,5°o increase with nonm.l scheduled step increases Non-civil service - 10"rb increase Seasonal - 2151 % increase These increases would bring Denton closer to market salaries in surrounding cities. 5. Public Safcty i • A. Police - With federal grants, Denton would be able to hire 9 new police ofriccrs 1 and purchase 8 mobile data compulcrs. Other programs included a DISD School Resource { Officer, DarefGREAT program enhancements, traffe enforcement enhancements, Emergency Operations Center equipment and a Victim Information and Notice Everyday Grant B. Fire Department - Proposals for the budget in the area of the Fire Department • included: temodcling Central Fire Station, renovations to Fire Stations 3, 4, 5 and 6, new O • equipment in the form of overhead door sensors, self-contained breathing apparatus, the 'lyll replacement of a In15 snorkel, the ordering of a ladder truck to be delivered in 18 months with t III 7H/1RIJ - ' I l City of Denton City Council Minutes August 7, 1998 Page t staffing in FY 1999.2000, an early warning siren system, EMS training and Certification Program, and the lease of mobile data comprters to incorporate police and fire, , 6, Information Services - a new Internal Service Fund was proposed to incorporate information services and administrative service. The long-range technology strategy would be incorporated. 7. Planning and Development - Proposed new positions included a development review planner and a comprehensive planner, funding was suggested t) develop a growth management strategy and to accelerate the completion of the comprehensive plan, increased fees were proposed for plats, subdivisions, annexations and zoning. 8, Building Inspections - a new enterprise fund would include Building Inspections, Consumer Health with an additional inspector and technology A: increases to cover expenses 9. Human Services Contributions - It was proposed to budget above the Human Services Advisory Committee's recommendation with an additional $41,910 requested and an additional $6,000 for Denton County Child Advocacy Center, 10. Vehicles - Vchicle'equipment replacement criteria was established in 1994 and included high mileagehours, high ma1wriance cost and economic life. The proposed budget included funding to replace 42 unity and add 24 new units. 11. Facilities - This budget included proposals for a new air conditioning system at the Center for the Visual Arts, an Emergency Operations Center, overhead door sensors at the fire stations, new gym floors at Dcrnla and Forth Lakes, and termite elimination at various facilities. 12. Drainage - The proposed budget would consolidate watershed management, align control of operations and capital improvements, and would incorporate it into wastewater to be funded by water t,nd wastewater operations. Growth impact on current and projected revenue indicated substantial carvings in the past few years and conservative budget estimates. This required no rate increase by shi ring three capital Improvement projects to bond funding t nd cash net income adjustment. Drainage also included an annual program evaluation with general fund assistance and foregoing the rate on in•:esiment and franchise fec for implementation year, General Ibligation CIP impact included more streets, more parks/library, and other capital projects, 13. Parks and Rccreadon - $3.79 million was needed in park capital improvement projects, a bucket truck was necessary for changing ball field lights, the co-sponsorship of athletic programs was pwposcd, a naAct analyrts for park service fees was needed and the replacement of several vehicles 14. Fxpande 1 Recreational Facilities North Lakes Park needed additional staff, utilities, O supplies and equipment, a new gym floor and sliding glass doors for therapeutic clients; Denis a needLA additional staff, utilities, supplies and equipment, a new gym floor and a maintenance xM position for iew ball fields, McMath needed an athletic coordinator to supervise aRer-school i ° f""' x ❑ 32XIO _i e r o . L i City of Denton City Council Minutes Augus} 7, 1996 Page 3 programs and equipment; the Senior Center needed new carpet and sliding glass doors and MLK needed a 15-passenger van. 15. Human Resources - The proposed budget included off-site Civil Service testing and an Employee Assistance Program. 16. Strects/Traffi. - $4.6 million in transportation capital improvement projects was needed, pavement marking was included in the proposed budget as was a public transit study. Equipment needed included a : ubgrade and pavement recycler and a I -ton dump-bed truck. 17. Library - Extended hours were proposed at the South Branch Library, more books and materials were needed. Overtime pay for employees was also proposed in this budget. 18. Electric - There was no change in the base rates proposed for the next budget year. $51,600,000 would be appropriated 1br reserve contingency, A 24-hour dispatch operations system was proposed and enhanced customer service through computerized record keeping. 19. Water'- roorganization of the Utility Department was suggested with some functions of water utility administration, finance administration, public communications, and customer service included. No increase in the base tale was proposed. An increase in individual water ` taps and meter connection fees was included. A $2,5 million bond sale was projected for two elevated storage tanks and an accelerated schedule for the water plant expansion project, 20, Waslcwater - This budget contained no increase in the base ate for wastewater services, There would be a change in the winter averaging methodology, an increase in wastewater lap fees, and an accelerated schedule for expanding the existing wastewater plant. The proposed Hickory Creek project would reduce maintenance and prevent sewer line failure at five creek crossings, The Wastewater budget also included the drainage budget. 21. Solid Waste - Solid WaAc proposals included a materials recovery facility, new residential and commercial pick-up routes, dumpster screening, a pilot project for construction site recycling, and daily cover at the landfill. Rate changes included a decrease for 6 cubic yard r compactors, an increase for 3o cubic yard open-top containers, the landfill rate; for Denton customers wuuld remain unchanged, a decrease in landfill rates to external customers, a charge added for commercial bulk item pick-ups, and weight surcharges added to open-top containers, 22, Ilotci Occupancy Tax Funding - The 1998-99 proposed allocation had $814,000 available ror opp~oprialion, $72,700 in the reserves for the Shclby-Bayicss House move, and considerations by the City Council sub-committee. Based on the presentations at this meeting, Council decided to cancel the budget session O , scheduled for the following Friday. With no further business, the meeting was adjourned at i 115 a.m. 7 ~ I 0 32 x l ❑ f 1 0 0 t. I A M1 • I . City of Denton City Council Minutes I August 7, 1998 Page 4 JACK MILLER, MAYOR CITY OF DENTON, TEXAS .r JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS i t ♦ fi. 1 rig. i1 a•, 1 ~ 1 7 i~ 32XId 0 U NAM I i CITY OF DENTON CITY COUNCIL MINUTES AUGUST 11, 1998 I After determining that a quorum was present and convening in an open meeting, the City Council convened in a closed meeting on Tuesday, August It, 1998 at 5:15 p.m. in the C01wcil Work Session Room. I PRESENT, Mayor Miller; Mayor Pro Tern Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson, and Young, ABSENT; None I. The Council considered the following in Closed Meeting; A. Conference with Employees - Under TEX. GOWT• 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 Work Session on Tuesday, August 11, 1998 at 6;00 p.m. in the Council Work Session Room, PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, p Durrance, Kristoferson, and Young. ABSENT; None I. The Council received a report, held a discussion and gave staff direction regarding the drag interim corridor ordinance, Davc Hill, Director of Planning and Development, stated that the most recent event associated with this ordinance Was the public hearing held last week and the recent meeting with the Chamber of Commerce committee regarding the corridor ordinance, staff looked at the basic premise of the ordinance are, the negative comments received w the public hearing, There was a two-part breakout regarding the options available, The options ranged from keeping on the track started through dropping the idea altogether. A more flexible type of review was considered at the Chamber meeting. This review would take into account the unique characteristics cf individual sites. Fifteen issues were lister: in the agenda back-up materials for options, objections and course of action. The Chamber had also submitted a response indicating that it was in favor of the sile plan review option. li Council Member Burroughs asked ifthcre had been any discussion regarding the weaknesses of . the site plan option. Hill replied flat it would provide for more Council business at meetings and more administrative requirements. Guidelines would still be needed for review, r~ G 32X ❑ i Tawas 0 n City of Denton City Council Minutes August 11, 1998 Page 2 Mayor Pro Tern Beasley felt that, staff was in agreement with a number of points with the Chamber. She wanted the Chamber and staff to cont:;me working together on the issue. She liked the site plan review but was concerned about the amount of land that would not be ' considered. She was concerned that spot development might occur. She suggested combining the two approaches of site plan review but general control factors for all of the land. Hill slated that it was possible to have guidelines to describe certain requirements with overlay for the straight zoning If n developer wanted to deviate from those requirements, he would have to go to Council for review. Council Member Young liked the site plan review. He felt that the process of developing should not be rushed and that there were other issues to look at especially if they were constitutional There was no mention, however, of a grandfather clause and no mention of "taking" issues regarding properly. He would be in favor of not proceeding with the issues but knew that that would not happen. Ile suggested continuing with corridor review and then proceed. I Council Member Cochran felt that the site plan review was reasonabl: as it dealt with a site by f site basis. Trying to craft an ordinance for all situations resulted in problems, This proposal would provide some Council discretion on the issues. Cominun.y values changed over time and that also needed to be considered. He felt that there needed to be a grandfather clause in the propos.^I, Everyone wanted a "better face" for Denton. lie was unsure of the provision regarding regulations for color schemes on buildings. Council Member Durrance felt that there should be specific procedures for thresholds and grand Whcring. He was conccmcd about undeveloped straight toning on 135 and Loop 288. He asked for figures on the amount of undeveloped property along the corridors. Mayor Miller felt that the proposal was moving in the right direction with discussions with the Chamber, tic felt that 1.35 currently looked good and that was the result of current regulations. He stated [fiat Council agreed not to hurry though The proposal, lie suggested continuing with discussions and returning with an agreement from all areas, Hill recommended that the proposal be returned to the Planning aid Zoning Commission for public hearings on the altered proposal I • ' Consensus of the Council was to continue to work on the proposal with the Chamber and return with a report after the Planning and Zoning C'ommission's public hearings. 2. The Council received a report, held a discussion and gave staff direction regarding the Comprehensive Plan schedule and Work Plan. Dave I lilt, Director of Planning and Development, presented a description of the proposal for the comprehensive plan. There were issues that Council wanted to begin discussing such as management options, densities, location of different kinds of densities, impact on the School Districl, He suggested stopping work on the dcvelopmcnl ofthe preferred development scenario. f li I 'I f i 1 0 32 x I D o Wks" 0 A h 34"ra City of Denton City Council Minutes August 11, 1998 Page 3 I The scope for the preferred development scenario would continue but the process would change slightly. Public review would be deferred until October. An expanded scope would be developed now as indicated in the back-up materials. The growth management strategy would be completed by the end of December in order to bring the comprehensive plan to Council mid- year in 1999. Staff was asking department heads to consider concerns for growth and develop a list for Council review. Council would prioritize those concerns and return at a work session to consider the focus of the growth management strategy. Council Member Young stated that it was not necessary to rush through the process. Hill stated that the growth management strategy was the heart of the project. Once that was written, rest would fall in line. Mayor Miller stated that the last meeting of the year was December 15th with no work session scheduled. He questioned if the growth management would restrict growth. Bill staled that the process was working on quality of development such as where it would be and what kind of growth. He felt it was best to not use loo many consultants with growth management as they might not be relevant to Texas. Mayor Pro Tern Beasley felt that there was a need to start focusing energies on the large tasks to complete. Consensus of the Council was to proceed as proposed. the Council considered Item q4. 4, The Council received a report, held a discussion, and gave staff direction regarding an ordinance authorizing the Mayor to execute a tax abatement agreement with United Copper Industries, Inc., setting forth all the required tenor of the tax abatement agreement in accordance with the terms of Chapter 312 of the Texas lax Code, setting forth the various conditions precedent to United Copper receiving the tax abatement; authorizing the Mayor to execute an agreement with United Copper Industries to provide electric service for a minimum period of { five years; providing fora scvcrabilily clausL; and providing an effective date. Linda Raii.ff, Director of Economic Development, stated that on January 6, 1999, the Council revic"cd and approved a request for a tax abatement for United Copper Industries, Inc., for the company's copper wiring manufacturing, distribution and national headquarters facility, Council directed staff at that time to negotiate a tax abatement agreement with United Copper. In addition, Council asked staff to prepare the necessary documents for establishing a reinvestment • zone for lax abatement purposes, which would include the United Copper site. The reinvestment j 0 • 4, zone was appmvcd at the February 3, 1998 Council meeting. She reviewed the major points of 1 the agreement and the six-year cost/ benefit analysis as noted in the agenda materials. Consensus of the Council was to place the necessary documents for approval on the next G t.,, , ry l J 32X b rrammw I ~ I I ~~I 5 i ,ra~we I City of Denton City Council Minutes August 11, 1998 Page 4 i meeting S. The Council received a report, held a discussion, and gave staff direction conceming an application form for requesting a franchise for cable television service and establishing the amount of a non-refundable application fee, (Norlex Telcom, L.L.C) Richard Foster, Public Information Officer, stated that the City had been approached by Nortex Telecom for a cable television service franchise. The City had retained a cable television consultant to develop a form, assist the City with a review of the completed application, and develop a franchise agreement belwcen the City and the applicant. Staff was recommending that the amount of the non-refundable application fee be based on the cost to the City of the cable television consultant, an amount expected to be $5,000. Nortex had expressed some concern over several of the items in the financial section of the application. The consultant was working on options for changes in the financial section. Council Member Burroughs asked about the Sammons application fee. Foster slnlcd that Golden Triangle Communications was the first to apply for a fran-hise and paid a $10,000 application fee. Council Member Burroughs felt lha' the concept of the application fee was that the City would not bear any extraordinary fees for this type of review. He requested an estimate of in-housa costs for legal services and to consider those as an alternative to the fee with the consultant fee. City Attorney Prouty stated that a provision in the Charter set forth the area to be served. The applicant would have to provide a construction schedule, how it was going to serve customers and whcn it was going to serve those customers. The applicant would Gave to serve anyone in the City who wanted the service but would not have to do all at once, Service could be phased in but there would have to be enough people in an area in order to make it economical to service that area, Council Member Durrancc stated that the City had to open the area to all qualified competitors. i 1 City Attorney Prouty stated correct but the company had to be a qualified competitor with the 0 financial and technical expertise to compete. Council Member Cochran qucsliot,ed the need to include stafftimeon the application fee. ('onscnsus of the Council was to proceed with the application without staff time included and to Ieave the amount of the application fee as The amount of consultant fee, • a • The Council returned to the regular agenda order. 03. The Council held a discussion and obtained input on possible affordable housing exemptions to the water/w aslewalcr treatment impact fee, ~5 i~ 32JO Miami" c t City of Denton City Council Minutes Augus! H. 1998 Page S Jill Jordan, Director of WatedWaslewater Utilities, stated that the outside legal counsel on impact fees was present for this discussion The Denton Capital Improvements Advisory Committee was recommending one exemption for affordable in-fill housing in Denton. Those properties had to be located in the current city limits, not lots in the ETJ and was based on the Appraisal District's value of the property. Brenda McDonald, consultant with Dahlstrom McDonald, stated that the Committee had discussed many types of exemptions. The exemptions would apply only to new development. She had advised the Committee that the fewer exemptions allowed the better would be the fee. A study of the area cities indicated that the most common approach was to have no exemptions. The second most common approach was to have some exemptions on a case by case analysis on the Council level. She did not recommend that option as she felt the Council would receive r many requests for exemptions. The proposed ordinance would have an appeal mechvtism in order to appeal the institution of the fee. That would not be considered an exemption request. Other approaches to exemptions were for schools, churches, and governmental entities. Some approaches had an exemption to be used as an economic development tool, The Committee was against waiving the impact fee as a tool for economic development. The issue was affordable housing that was indicated in the state statute. The definition of affordable housing was not clear and the Council could determine its own definition of affordable housing, The Committee used the appraised vahtc of the lot front the Appraisal District. There was a need to articulate the public purpose for the exemption. With affordable housing, that would not be too difficult but it might be with other types of exemptions, The appraisal would be on the unimproved lot as determined by the Appraisal District. Council Member Kristoferson asked what would happen with a larger lot that was appraised at a higher price and was then subdivided to reduce the fee. McDonald stated that the fee would be for In-fill development and not for new subdivisions, Hill stated that there was a need to look at the intended outcome of the exemption and not what was easily calculated. Eligibility criteria could be assigned. Mayor Pro Tent Beasley questioned the number of lots in the City valued at SS,DOO. She favored • granting an exemption to non-profit entities, City Attorney Prouty stated that that might be discnmin tiory and not legal, Council Member Cochran stated that he liked the idea of the use of the cost of the lot for the criteria on the exemption. Ile questioned the possibility of a grant mechanism rather than an • exemption. 0 City Manager Bcnavidcs stated that under the economic development statute, the general fund 4 could reimburse water and wastewater for non-profit organizations, ~;;'~4,~~~, < 32xa namnaw U City of Denton City Council Minutes August 11, 1998 Page 6 McDonald stated that in the budget process, the Council could allocate funds each year to reimburse impact fees charged to non-profit organizations. Council Member Durrance expressed concern over the possibility of the growth of low and i moderate income housing for the elderly. Those developments usually had large lots rather than one house at a time and questioned how that would be addressed. That would be an affordable housing issue and a low-income issue. Council Member Young expressed concern about using the appraisal value. Lots in southeast Denton were vulucd too high for the exemption. fie suggested exempting homes valued at $80,000 and lower, Jordan suggested that a starting place would be if the Council was interested in considering an affordable housing exemption, if so, staff would continue to investigate alternatives. A recommendation for Council to consider would be presented at the September l" meeting, Consensus of the Council was to have staff continue to research the issue and return with a recommendation at a future Council meeting, included in the recommendation would be the potential for loss in revenue if a set dollar amount was used for the homes. The possibility of., grant program would also be explored. ' 3. The Council rccei%cd a report, held a discussion, and gave staff direction regarding the 1998- 99 proposed budget. Kathy DuBose, Assistant City Manager for Finance, stated that she would be reviewing the I questions from Council from the last sessiwi regarding the budget. I, Consumer Health Fees - Increase in Restaurant Inspections - Possibility of fewer inspcctions during the year. The current procedures required two inspections per year. To improve public safety, a goal was of four inspections per year with an average of three full inspcctions per year, Increased inspections Increased the inspection ratings from 81.95. Mayor Pro Tem Bcasley questioned the large increase in the fee. Council had to decide if it was too high. She fell it was important to protect the health of the citizens. • i Council discussed the pros ,nd. cons of the proposed increased fees. Consensus was to continue to discuss the issue during the budget discussions. 2. Building Inspections - The proposed budget Included an enterprise fund supported by fees generated with services. It was recommend to adjust the fees to as to be a self-supporting • department, 0 • Council discussed the impact of the franchise fee and the possibility of lowering fees in conjunction with the franchise. K C~ 32 x Q arwocw ~ 1 rseor+s • 1 4 7rA. r..». dlC::.JSV,u ..:.r , ...:.:.~..n nnw^w ..o-....;... n.:....,..,. ...-a..n...~..+w.-.~.rv ~ H..... City of Denton City Council Minutes August 11, 1998 Page 7 3. Incorporation of drainage and water/wastewater funds. She presented the key points on this issue as noted in the agenda materials. Following the completion of the Work Sessior, the Council convened into a Special Called Session. 1. The Council considered nominations/appointments to the City's Boards and Commissions. r Mayor Miller asked for a motion to suspend the rule on board/commission nominations so that a ' nomination could be voted on at this meeting. g" Beasley motioned, Burroughs seconded to suspend the rules for nominations/appointments. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye', Durrance "aye", Kristoferson "aye", ,r Young "aye', and Mayor Miller "aye". Motion carried unanimously. Nominations were made and voted on as noted in the handout presented in the agenda back-up I materials. e With no further business, the meeting was adjourned at 9:00 p.m. p JENNIFER WALTERS JACK MILLER CITY SECRETARY MAYOR CfrY OF DENTON, TEXAS CITY OF DENTON, TEXAS i 1 r j w ~ 25 10 32x10 ' -A L • O i wwcoo CITY OF DENTON CITY COUNCIL MINUTES AUGUST 13, 1998 A Special Called Session of the City Council was called for 8:00 p.m. at the Center for the Visual Arts. A quorum of the Council was not present and no official business was transacted. rk JACK MILLER, MAYOR CITY OF DENTON, TEXAS r JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS tn Sy n LE 26', ~ J 32XIO .b+ t3 , v4sam o , Agenda No. Agenda Item i Data AGENDA [NFORMATION SHEET AGENDA DATE: October 20, 1998 DEPARTMENT: City Manager's Office i1 i CM: Michael W. Jez. City Manager, 349.8307 SVI33ECT Consider a request for an exception to the noise ordinance for a Halloween Costume 'M Party at 1218 Avenue A on Saturday, October 31, 1998 until 2 a.m. BACKGROUND r ~ Mr. Christopher Brown and Ms. Laura Collins have requested that the City Council grant an exception to the noise ordinance on Saturday, October 31, 1998 for a Halloween Party. fhe party is scheduled from 8:00 p.m. until 2:00 a.m. and will take place in their backyard at 1218 Avenue A. The party will be attended by neighbors, family and friends. Local jazz combos and acoustic ensembles will provide music. Mr. Brown and Ms. Collins received an exception to the noise ordinance for a similar event in 1997. The Police Department reports that no disturbance calls 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 anytime on Sunday (Attachment 3). The ordinance does, however, provide that the City Council may make exceptions when the public interest is served. 1 if The organizers have been informed that should Council approve this request, responsible use of the amplified sound is still required by Section 20.1 of the City of Denton Code of Ordinances. In particular, Section 20-1(a) states: It shall be unlawful for any person to make or cause any unreasonably loud, disturbing, unnecessary noise which causes or may cause material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof, . e { ID JV/ 1 is 2 .i~ a2x10 . Q 1 r~l i. j i 1 ' l Brown,'Collins Noise Exception October 20, 1998 Page 2 PRIOR ACTIONMEVIEW (Council. Boards. Commissions) None. FISCAL INFORMATION None. ~d R Respectfully submitted: i r. B y Will' s Assistant to the City Manager Attachments: 1. Request from Christopher Brown & LP a Collins 2. Map 3. Noise ordinance 2 t 32 x 0 " G MOM l1 To the City Manager's Office, ' Due to the success of our previous Halloween party and the generous approval of the City Council in granting us permission to provide live music, we respectfully request another opportunity to celebrate this upcoming holiday. Last year the City 4 Council decided favorably in granting us permission of the use of amplified music until 2 am at our house located at 1218 Avenue A. The costume party was welcomed and attended by most of our neighbors, friends, classmates and families, and the various live jazz and blues bands contributed to an enjoyable and safe evening for all. Similar to last Halloween, we are planning to invite local jazz combos and acoustic ensembles to perform on our patio in the back yard of the house. We feel that this event is a positive and well-organized opportunity for our neighborhood to visit and enjoy themselves in a relaxed atmosphere. We understand the many concerns that the council has about noise complaints and disturbances caused by loud music. It is our Intention to adhere tc aL constraints ` that the council members or the Denton Police Department may decid3 arc , ecessary. Above all, we hope that our Halloween party will enable all of our gues to , ifely J celebrate the Fall season in a responsible manner. { Please consider our request for an exemption of the existing Denton noise 11 ordinance on the evening of Oct. 31, 1998. We thank you for your time in this matter and your efforts in keeping our hometown, Denton, a pleasant and exciting community. Sincerely, Christopher Brown Laura Collins 11 ?118 Avenue A. j Denton, Tx 76201 (840) 484-6655 1 F 1~ J p 1 y I X 3 F{ ~I 1 y A f 2r i 32 x . t Will o 0 ■ J ■ 9 WEN IN of 10 so SEIM ! ■ elm r4s Y* ■ ` ■ 1 ■ ago w mom* r' 4 r. ■ 41P ■ 41 • Nm, RL J JIM V EML ST. Noise Zone -1218 Avenue A G I. S. Engineering & Transportation Dept. Map Scale-1' = 200ft 10 32 X I 01 o 0 roraar»:~ i ' Chapter 20 NUISANCES' J Art. 1, hi General, 11 23.1-20.30 Art. ll. Abandoned Property, 14 20-31-20.70 Div. 1. Generally, 44 20.31-20-40 Div. 2. Motor Vehicles, 11 20-41-20-70 Art, III. Gross and Weeds, 14 20.71-20.73 ARTICLE 1. IN GENERAL i Sec. 20.1, Noise. (ai It shall be unlawful for any person to make or cause any unreasonably loud, disturbing, unneceseary noise which causes or may cause material distress, discomfort or injury to persons of ordinary sensibilities In the immediate vicinity thereof. (b) It shall be unlawful for any person to make or cause any noise of much 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 declared to be noise nuisances in violation of this Code, but such enumeration shall not be deemed to be exclusive: (1) The playing of any phoncgraph, television, radio or any musical instrument In such manner or with such volume, particularly between the hours of 10A0 p m. and 7:00 a m., as to annoy or disturb the quiet, comfort or repose of persons of ordinary sensibilities In any dwelling, h•tel or other type or residence; (2) The use of any stationary loudspeaker, amplifier or musics) instrument in such manner or with such volume as to annoy or disturb persons of ordinary sensibilities in the immediate vicinity thereof, particularly between the hours of 10:00 p.m. and 740 a m, or the operation of such loudspeaker, amplifier or miuical instrument at any time on Sunday; provided, however, that 0• P;ty 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 bailer 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 erecticn, excavation, demolition, alteration, or repair work on any building at anytime other than between the hours of 8.00 a.m. and 8,30 p.m. Monday through • Friday from June 1 to September 30; between 700 a.m. and 8:30 p.m. Monday O ' ,I through Friday from October 1 to May 31; between 840 a.m, and 8:30 p.m. on 'Cross references-Protected migrawry bird roosts declared nuisance, J 8.87; inepec• l Lion and abatement warrants, J 19.88 et seq; Insect end rodent control In mobile home and recreational vehicle parka,; 32.91. Supp. No. a 1389 5 O f 3 20-I DENTON CODE f Saturday; and between 100 p m. and 8:30 p m. on Sunday; provided, however that the city council may issue special permits for such work at other hours in case of urgent necessity and in the interest of public safely and convenience. (5) The creation of any laud 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 ~rse 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 or display which causes crowds or people to block or congregate upon the sidewalks or streets near or adjacent the. eto. (Code 1366, if 14.20, 1421; Ord. No. 95484, 11, 912.95) I Cross re'erence-Animal noise, 16-26. Sec. 20.9. Odors. (a) It shall be unlawful for any person to create or cause any unreasonably noxious, unpleasant or strong odor which causes material distress, discomfort or injury to persons 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 so to substantially interfere with the comfortable enjoyment of private homes by persona of ordinary sensibilities. (c) The following acts or conditions, among others, are declared to be odor nuisances iu violation of this Code, but such enumeration shall not be deemed to be exclusive: 1) Offensive odors from cow lob, hog pens, fowl coops and other similar places where animas are kept or fed which disturb the comfort and repose of persons orordinery i sensibilities; (2) Offensive adore from privies and other similar places; (3) Offensive odors from the use or possession of chemicals or from industrial processes or activities which disturb the comfort and repose of persons of ordinary sensibilities', 10 Offensive odors from smoke from the burning of trash, rubbish, rubber, chemicals or other things or substances; (5) Offensive odors from stagnant pools allowed to remain on any premises or from rotting garbage, refuse, offal or dead animals on any premises. (Code 1968, It 14.22, 11.231 Sec, 20.3. Garbage, trash and mbbloL nuleance"enerally. (a) Storing or Ateping garbagt, trash and rubbish. The storing or keeping of any and all stocks, heaps or piles of old lumber, refuse, junk, old son or machinery or parts thereof, garbage, trash, rubbish, ecrsp material, ruins, demolished or partly demolished structures or buildings, piles of stones, bricks or broken rocks on any premises bordering any public street Eupp No.e 1390 6 f e , apenaa No Agenda Eternr1-~D-9D~ Oate AGENDA INFORMATION SHEET kGENDA DATE: October 20, 1998 Questions concerning this acquisition may be directed DEPARTMENT: Finance - Purchasing to Barbara Ross 349-7234 ACM: Kathy DuBose, 349-8228 SUBJECT AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (BID p 2225 - CHILD CAPLE PROGRAMS FOR LOW INCOME FAMILIES AWARDED TO DENTON CITY COUNTY DAY SCHOOL, INC. IN THE AMOUNT OF 523.000.00). BACKGROUND Tabulation Sheet h ESTIMATED SCHEDULE OF PROJECT This agreement is for October 1, 1998 thru September 30. 1999, unless the contract is sooner terminated 1!nder Section 101 "Suspension or Termination FISCAI, LNVORAIATION General Put d monies have been appropriated for the program from account #I 100-031- 0151%1-8930. M y BID ISFORMATION This bid is for a licensed child care program pro%ider for children of lo%,,lo-moderate income Nsorking parents, parents enrolled full time in school or a training program. unemploced parents oho are seeking employnunt, and parents ~%orkittg and enrolled in school part time. • j 0 • Scn ices %sill he extended to children 18 months to 5 gars and offer senices f om 6:30 AM :o 5:30 PAI , including weii balanced meals and a Icarning dexclopment cuniculum. 1 1 32XIO 4b J 4, f f c r I I- "~ROMR7 rf y 0 f y ~ I III e I I 1 ~ 1 11 I 11 AGENDA INFORMATION SHEET ~ II OCTOBER 20, 1998 PAGE 2 OF 2 Respectfully submitted: ~ r I Name: Tom Shaw, C,P,M„ 349.7100 Title: Purchasing Agent I Attachment #L Tabulation Sheet 1085 AGENDA 'a I t ' w 2 f~. r r;, 2 h K IC" 32x J, o o 4 " I ATTACHMENT#I TABULATION SHEET I BID 0 2223 OENTON CITY 610 NAME CHILD CARE PROGRAMS FOR LOW COUNTY INCOME FAMILIES DAY NURSERY DATE 30Jun•9E A DESCRIPTION VENDOR r, TOTAL 6I0 PRICE 1 23,000.00 r l e V 41 i r 4 Wal J 1 + i I M1 P 75 32X e 0 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (BID # 2225 - CHILD CARE PROGRAMS FOR LOW INCOME FANIILIES AWARDED TO DENTON CITY COUNTY DAY SCHOOL. INC. IN THE AMOUNT OF $23,000.00). , WHEREAS. the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTIQN 1. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations". "Bid Proposals" or plan: nd specifications on j file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto. are hereby accepted and approved as being the lo,vest responsible bids: BID NUMBER CONTRACTOR ANSOUNT I 2225 DENTON CITY COUNTS' NURSERY 523,000.00 4 SECTION 11. That the acceptance and approval of the above com, efilive bids shall not constitute a contract between the City and the person submitting the bid fx construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after T notification of the award of the bid. SECTION A. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, pro 4ded that such contracts arc made in accordance with the Notice to Bidders and B:-'Proposals. and u ,cumenis relating thereto specifying the terms, ! conditions, plans and specifications, standards, quanta, •s and specified sums contained therein, f 1 a i I 0 x } AMP" .Y If I SECTION IV. That upon acceptance and approval of the above competiti, e bids and the execution of contracts for the public works and improvements as authorized herein, the City Council + hereby authorizes the expenditure of funds in the mamer and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 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, i4PRBERT L. PROU f1',! ITY AT"fORNEl' B1:__ r, :_':5 ClUD CARE COSTRACTORDINASCE 9 I P•I~I r , ~ ~,y Y I I S 1 • ~ Y -ti ty~ x 32X W~~A) I l o 1998 • 1999 SERVICE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON CITY COUNTY DAY SCHOOL, INC. (BID #2225) i This Agreement is hereby entered Into by and between the City of Denton, Texas, , a Home Rule Mun;cipal Corporation, hereinafter referred to as "City", and the Denton City County Day School Inc„ a non-profit corporation, 1603 Paisley, Denton, Texas 76201, hereinafter referred to as "Organization"; WHEREAS, City's Human Services Committee ("HSC") has reviewed the proposal for services and has determined that Organization performs an important service for the residents of Denton without regard to race, religion, color, age or national origin, and HSC recommends the purchase of services; and WHEREAS. City has determined that the proposal for services merits assistance and can provide needed services to citizens of City and has provided funds in its budget for the purpose of paying for contractual services; i NOW, THEREFORE, the parties hereto mutually agree as follows: I SCOPE OF SERVICES Organization shall in a satisfactory and proper manner perform the following tasks, for which the monies provided by City may be used: A. Provide low cost day rare to low income families where parent(s) work and/or attend school or actively seek employment, i B, Provide two nutritional meals, breakfast and lunch, for the children it serves. C. Organization shall perform those services described in the Work Statement herein attached as Exhibit A. II. OBLIGATIONS OF ORGANIZATION • ! In consideration of the receipt of funds from City, Organization agrees to the following terms and conditions: A. Twenty-three Thousand Dollars (823,000) may be paid to Organization by City, and the only expenditures reimbursed from these funds, shall be those in • accordance with the project budgel, attached hereto as Exhibit 8 and incorporated • • EMI 1 .113 J4 a ti herein by reference, for those expenses listed in the scope of services as provided herein. Organization shall not utilize these funds for any other purpose. B. It will establish, operate, and maintain an account system or this program that w III allow for a tracing of funds and a review of the financial status of the program, C. It will permit authorized officials of City to review its books at any time. D. It will reduce to venting all of its rules, regulations, and policies and file a copy with City's Community Development Office along with any amendments, additions, or revisions whenever adopted. E. It will not enter Into any contracts that would encumber Cify funds for a period that would extend beyond the term of this Agreement. F. It will promptly pay all bills when submitted unless there is a discrepancy in a bill; any errors or discrepancies in bills shall be promptly reported to City's Executive r Director of Finance, or her authorized representative, for further direction. G. It will appoint a representative who will be available to meet with City's Executive Director of Finance and other City officials when requested. H. It will indemnify and hold harmless City from any and all claims and suits arising out of the activities of Organization, its employees, and/or contractors. 1. It will submit to City copies of year-end audited financial statements. III. TIME OF PERFORMANCE The services funded by City shall be under!aken and completed by Organization within the following time flame: October 1, 1998 through Septembzsr 30, 1999, unless the contract is sooner terminated under Section VII "Suspension or Termination", IV. COMPLIANCE WITH FEDERAL, STATE and LOCAL LAWS • f A. CONTRACTOR understands that funds provided to it pursuant to this Agreement are funds which have been made available to CITY by the Federal Government (U.S. Department of Housing and Urban Development) under the Housing and Community Development Act of 1974, as amended, in accordance with an approved Grant Application and specific assurances. Accordingly, CONTRACTOR assures and certifies that it will comply with the requirements of the Housing and • Community Development Act of 1974 (P,L. 93.383) as amended and with regulations , O • 7 25 32X 0 i MOW" and codified at 24 CFR 570. The foregoing is in no way meant promulgated thereunder, to constitute a complete compilation of all duties imposed upon CONTRA :TOR by law or administrative ruling, or to narrow the standards which CONTRACTOR must follow. CONTRACTOR further accrues and certifies that if the regulations and Issuances promulgated pursuant to the Act are amended or revised, it shall comply with them, or notify CITY, as provided in Section XXIV of this Agreement. , CONTRACTOR agrees to abide by the conditions of and comply with the requirements of the Office of Management and Budget Circulars Nos. A•110 and A•122. B. CONTRACTOR shall comply with all applicable federal laws, laws of the State of Texas and ordinances of the City of Denton. V. REPRESENTATIONS A. CONTRACTOR assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate and. official motion, resolution or action passed or taken, to enter Into this Agreement. B. The person or persons signing and executing this Agreement on behalf of CONTRACTOR, do hereby warrant and guarantee that he, she, or they have been fully authorized by CONTRACTOR to execute this Agreement on behalf of CONTRACTOR and to dalidly and legally bind CONTRACTOR to all terms, performances and l provisions herein set forth. C. CITY shall have the right, at its option, to either temporarily suspend or pern-Inently terminate this Agreement if there Is a dispute as to tha legal authority of either CONTRACTOR or the person signing the Agreement to enter into this Agreement. CONTRACTOR is liable to CITY for any money it has received from CITY for performance of the provisions of this Agreement if CITY has suspended or terminated this Agreement for the reasons enumerated in this Section. D. CONTRACTOR agrees that the funds and resources provided CONTRACTOR under the terms of this Agreement will in noway be sutalituted for funds and resources from other sources, nor in any way serve to reduce the resources, • services, or other benefits wnlch would have been available to, or provided throd4h, CONTRACTOR had this Agreement not been executed. VI. • COVENANTS , a ~ HIE 25x CJ 32 x I ❑ o ~ .OM" i A. During the period of time that payment may be made hereunder and so long as any payments remain unliquldated, CONTRACTOR shall not, without the prior j written consent of the Community Development Administrator or her authorized representative: (1) Mortgage, pledge, or otherwise encumber or suffer :o be encumbered, any of the assets of CONTRACTOR now owned or hereafter acquired by it, or permit any pre-existing mortgages, liens, or other encumbrances to remain on, or attached to, any assets of CONTRACTOR which are allocated to the performance of this Agreement and with respect to which CITY has ownership hereunder. (2) Sell, asslnn, pledge, transfer or otherwise dispose of accounts receivables, notes or claims for money due or to become due. (3) Sell, convey, or lease all or substantial part of its assets. (4) Make any advance or loan to, or Incur any liability for any other firm, person, entity or corporation as guarantor, surety, or accommodation endorser. (5) Sell, donate, loan or transfer any equipment or item of personal property purchased with funds paid to CONTRACTOR by CITY, unless CITY authorizes such transfer. B. Should CONTRAC', OR use funds received under this Agreement to acquire or Improve real property under CONTRACTOR's control, CONTRACTOR agrees and covenants: E (1) That the property shall be used to meet one of the national objectives stated in 24 CFR 570 until August 31, 2006. (2) That should CONTRACTOR transfer or otherwise dispose of said property on or before August 31, 2006, CONTRACTOR shall reimburea CITY in the amount of the fair market value of this property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or Improvement to, the property. 0 C. CONTRACTOR agrees, upon written request by CITY, to require its employees to attend training sessions sponsored by the Community Development y Office. VII. PAYMENTS • A. Payments to Organization. City shall pay to Organization a maximum amour it f t 9 K ~5 I0 32x10 0 ti i Of money not to exceed Twenty-three Thousand Dollars ($23,000) for services rendered under this Agreement. City will pay these funds on a reimbursement basis to Organization within twenty days after City has received suppo ting documentation, Organization's failure to request reimbursement on a timely basis, may jeopardize present or future funding. B. Excess Payment. Organization shall refund to City within ten (10) working days of City's request, any sum of money which has been paid by City and which City at any time thereaftar determines; 1) has resulted in overpayment to Organization; or 2) has not been spent strictly in accordance with the terms of this Agreement; or 3) is not supported by adequate documentation to fully justify the expenditure, C. Organization's reimbursement request for any one month period will not exceed one-fifth (115) of any budgeted line items for costs as specified in Exhibit B. D. Deobligation of Funds. In the event that actual expenditures deviate from Organization's provision of a corresponding level of performance, as specified in Exhibit A, City hereby reserves the right to reappropriate or recapture any such under expended funds. E. Contract Close Out. Organization shall submit the contract close out package to City, together with a final expenditure report, for the time period covered by the last invoice requesting reimbursement of funds under this Agreement, within fifteen (15) working days following the close of the contract period. Organization shall utilize the form agreed upon by City and Organization. VIII. MAINTENANCE OF RECORDS A. CONTRACTOR agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under this Agreement, in compliance with the provisions of Exhibit B, attached hereto, and with • any other applicable Federal and State regulations establishing standards for financial management. CONTRACTOR's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Nothing in this Section shall be construed to relieve CONTRACTOR of fiscal accountability and liability under any other provision of this Agreement or any applicable law, CONTRACTOR shall include the substance of this provision in all subcontracts. to _ ~10 0 8. CONTRACTOR agrees to retain all books, records, documents, reports, and written accounting procedures pertaining to the operation of programs and expenditures of funds under this Agreement for the period of time and under the conditions specified by CITY. C. Nothing in the above subsections shall be construed to relieve CONTRACTOR of responsibility for retaining accurate and current records which clearly reflect the level and benefit of services provided under this Agreement. D. At any reasonable time and as often as CITY may deem necessary, the CONTRACTOR shall make available to CITY, HUD, or any of their authorized representatives, all of its records and shall permit CITY, HUD, or any of their authorized representatives to audit, examine, make excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions or employment and all other data requested by said representatives. IX, REPORTS AND INFORMATION At such times and in such form as CITY may require, CONTRACTOR shall furnish such statements, records, data and Information as CITY may request and deem pertinent to matters covered by this Agreement. CONTRACTOR shall submit quarterly beneficiary and financial reports to CITY I no less than once each three months. The beneficiary report shall detail client information, including race, income, female head of household and other statistics required by CITY. The financial report shall include Information and data relative to all programmatic and financial reporting as of the beginning date specified in Section ( of this Agreement Unless a written exemption has been granted by the CITY, CONTRACTOR shall submit an audit conducted by independent examiners with ten (10) days after receipt of such, X. Evaluatior, Organization agrees to participate in an implementation and maintenance,Wstem I A whereby the services can be continuously monitored. Organization agrees to make avaHable its financial records for review ty City at City's discretion. In addition, Organization agrees to provide City the following data and reports, or copies thereof; A. All external or internal audits. Organization shall submit a copy of the annual independent audit to City within ten (10) days of receipt, 4 l 11 I i -r~-ri w Gi " J 3 2 X I D 1 i B, All external or internal evaluation reports. C. Quarterly performance/beneficiary reports to be submitted in January, April, July and September, to include such information as requested by the City's Community Development Division including but not limited to: number of persons or households assisted, race, gender, disability status and household Income. D. Organization agrees to submit quarterly financial statements In January, April, July, and September, Each statement shall include current and year-to-date period accounting of all revenues, expenditures, outstanding obligations and beginning and ending balances. E. An explanation of any major changes in program services. F. To comply with this section, Organbetion agrees to maintain recc,ds that will r, provide accurate, current, separate, and on plele disclosure of the status of funds received and the services performed under this Agreement. Organization's record system shall contain sufficient documentation to provide in detail full support and ; justification for each expenditure. Organization agrees to retain all books, records. documents, reports, and written accounting procedures pertaining to the services provided and expenditure of funds under this Agreement for the period of time and under the conditions specified by the City. 0. Nothing in the above subsections shall be construed to relieve Organization of t responsibility for retaining accurate and current records which clearly reflect the level and benefit of services provided under this Agreement. XL Director's Meetings During the term of this Agreement, Organization shall deliver to City copies of all notices of meetings of its Board of Directors, settiN forth the time and place thereof. Such notice shall be delivered to City in a timely manner to give adequate notice, and shall Include an agenda and a brief description of the matters to be discussed. a Organization understands and agrees that City's representatives shall be afforded access to all meetings of its Board of Directors. Minutes of all meetings of Organization's governing body shall be availableAo City • within ten (10) working days of approval, 1 • Suspension or Termination O • 12 h 25 ~ 32XI , 0 0 r _ A. The City may terminate this Agreement with cause if the Organization violates any covenants, agreements, or guarantees of this Agreement, the Organization 's insolvency or filing of bankruptcy, dissolution, or receivership, or the Organization's violation of any law or regulation to which it is bound under the terms of this Agreement B. The City may terminate this Agreement for convenlence at any Lima. If this Agreement is terminated for convenience by the City, Organization will be paid sn amount not to exceed the total amount of accrued expenditures as of the effective date of termination. In no event will this compensation exceed an amount which bears the same ratio to the total compensation as the services actually performed bears to the total services of Organization covered by the Agreement, less payments previously made, In case of suspension, City shall advise Organization, in writing, as to conditions precedent to the resumption of funding and specify a reasonable date for compliance, In case of termination, Organization will remit to City any unexpended City funds. Acceptance of these funds shall not constitute a waiver of any claim City may otherwise have arising out of this Agreement. XIII. PERSONNEL POLICIES Personnel policies shall be established by CONTRACTOR and shall be available for examinall ur, Such personnel policies shall: A. Be no more liberal than CITY's personnel policies, procedures, and practices, including policies with respect to employment, salary and wage rates, working hours and holidays, fringe benefits, vacation and sick leave privileges, and travel; and B. Be in writing and shall be approved by the governing body of CONTRACTOR and by CITY. VHI. XIV, I! s EQUAL OPPORTUNITY AND COMPLIANCE WiTH LAWS A. Organization will submit for City approval, a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, within one hundred twenty (120) days of the effective date of this Agreement. B. Organization shall com; ly with all applicable equal employment opporturity f e and affirmative action laws or regulations. O 13 i 1 s 0 C. Organization will furnish all information and reports requested by City, anJ will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local. State and Federal rules and regulations. i 0. In the event of Organization's non-compliance with the non-discrimination requirements, the Agreement may be canceled, terminated, or suspended In whole or , in part, and Organization may be barred from further contracts with City. i I i XV, Warrantibs ORGANIZATION represents and warrants that: A. All information, reports and data heretofore or hereafter requested by City and furnished to City, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant changa wahout written notice to City, U. Any supporting financial statements heretofore requested by City and furnished to City, are complete, accurate and fairly reflect the financial conditions of Organization on the date shown on said report, and the results of the operation for the period covc red by the report, and that since said data, there has been no material change, adverse or otherwise, in the financial condition of Organization. C. No litigation or legal proceedings are presently pending or threatened Ifi against Organization. D. None of the provisions herein contravenes or is in conflict with the authority under which Organization is doing business vr with the provisions of any existing indenture or agreement of Organization. E. Organization has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement. r F. None of the assets of Organization are sub!rct to any lien or • encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by Organization to City. Each of these representations and warranties shall be continuing and shall be deemed to have been repe: by the submission of each request for payment, J~o I to i 1 2XID _s O I 0 CHANGES AND AMENDMENTS I A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. B. Organization may not make transfers between or among approved line. items within budget categories se: forth In Exhibit B without prior written approval of the Community Development Administrator for the City. Organization shall request, in writing, the budget revision in a form prescribed by City, and such request for revision 1 shall not increase the total monetary obligation of City under this Agreement. In addition, budget revisions cannot significantly change the nature, Intent, or scope of the program funded urderthls Agreement. C. Organization will submit revised budget any program information, whenever the level of funding for Organization or the program(s) described herein is altered according to the total levels contained In any portion of Exhibit B. 0. It Is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatica:ly incorporated into this Agreement without written amendment hereto, and shall become a part of the Agreement on the effective date specified by the law or regulation. E. City may, from time to time during the term of the Agreement, request j changes in Exhibit A which may include an increase or decrease in the amount of ! Organization's compensation, Such changes shall be Incorporated in a written amendment hereto, as provided In Subsection A of this Section. F. Any alterations, deletions, or additions to the Contract B- dget Detail Incorporated in Exhibit B shall require the prior written approval of City. 0. Organization agrees to notify City of any proposed change in physical location for work performed under this Agreement at least thirty (30) calendar days In advance of the change. H. Organization shall notify City of any changes in personnel or governing 0 board composition. t k 1. It is expressly understood that neither the performance of Exhibit A for any j program contracted hereunder nor the transfer of funds betwr,en or among said programs will be permitted. XVII. Notiflcatlon of Action Brought p is i , , ~~r 15 Q 32 x I Q tr~ 0 In the event that any claim, demand, suit or other action is made or brought by any person(s), firm corporation or other entity against CONTRACTOR, CONTRACTOR scull give written notice thereof to CITY within two (2) working days after being notified of such claim, demand, suit or other action. Such notice shall state the date and hour of notification of any such claim, demand, s: ;t or other action; the names and addresses of the person(s), firm, corporation or other entity making such claim, or that instituted or threatened to institute any type of action or proceeding; the basis of such claim, action or proceeding; and the n;,me of any person(s) against whom such claim is being made or threatened. Such written notice shall he delivered either personally or by mail. XVIII. I Indemnification if A. It is expressly understiod and agreed by both parties hereto that City is contracting with Organization as an Independent contractor and that as such, Organization shall save and hold City, Its officers, agents and employees harmless from all liability of any nature or kind, including costs and expenses for, i or on account of, any claims, audit exceptions, derrands, sul's or damages of any character whatsoever resulting in whole or In part from tFe performance or omission of any employee, agent or representative of Organization. B. Organization agrees to provide the defense for, and to indemnify and hold harmless City Its agents, employees, or contractors from any and all claims, a suits, causes of action, demands, damages, losses, attorney fees, expenses, and liability arising out of the use of these contracted fun,.:, and program administration and Implementation except to the extent caused b; the willful act or omission of City, its agents or employees. XIN. INSURANCE A. Organization shall observe sound busir,ess practices with respect to providing } such bondinj and insurance as would provide aoey6:ate coverage for services offered under this Agreement, " h B. The premises on and in which the activities described in Exhibit A are A conducted, the employees conducting these activities, shall be covered by Oemise liability insurance, commonly referred to as "Owner/Tenant" coverage with City named as an additional insured. Upon request of rrganization, City may, at its sole discretion, approve alternate insurance coverage arrancementa, i C. Organlzaton will comply with applicable workers' compensation statutes and will obtain employers' liability coverage where available and other appropriate liability coverage for prograrn participants, if applicable. i 0 ! 16 D 32xIII r 1 . O NVAM M 0. Organization will maintain adequate and continuous liability Insurance on all vehicles owned, leased, or operated by Organization. All employees of Organization whe, are required to drive a vehicle in the normal scope and course of their employment muet possess a valid Texas Driver's license and automobile iiabiky insurance. Evidence of the employee's current possession of a valid license and insurance must be maintained on a current basis in Organizatlon's files. F. Actual tosses are not covered by insurance as required by this Section are not allowable costs under this Agreement, and remaln the sole responsibility of Organization, F. The policy or policies of insurance shall contain a clause which requires that City and Organization be notified In writing of any cancellation or change in the policy at least Wrly (30) days prior to such change or cancellation. r XX. CONFLICT OF INTEREST A. Organization covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would con,i,c2 in any manner or degree with the performance of services n quired to be performed under this Agreement. Organization further covenanb• that in the perforntence of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. B. Organization farther covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his/her position for a purpose that is of gives the appearance of being motivated by desire for private gain for himseUlherself, or others; particularly those with which he/she has family, business, or other ties. C. No officer, member, or employee of City and no member of its governing body who exercises any function or responsibilities In the review or approval of the undcitaking or carrying out o' this Agreement shall (1) participate In any decision relating to the Agreement wh ch affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect Interest; or (2) have any Interest, direct or Indirect, in this Agreement or the proceeds thereof. $I t I XXI. NEPOTISM Organization shall not employ in any paid capacity any person who is a member of , the immediate family of any person who is curren•„y employed by Organization, of is a member of Organization's governing board. The term "member of Immediate family" O 17 e o h I Includes; wife, husband, son, daughter, mother, father, brother, sister, In-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister, XXII. NOTICE Any notice or other written instrument required or permitted to be delivered undL" the terms of this Agreement shall be deemed to have been delivered, whether actually received or not, when deposited in the United States mail, postage prepaid, registered or certified, return receipt requested, addressed to Organization or City, as the case may be, at the following addresses; CITY ORGANIZATION City of Denton, Te• as Director Attn: City Manager Denton City County Day School, Inc. 215 E. McKinney 1603 Paisley Dentoii, TX 76201 Denton, Texas 76201 Either party may change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested. 1 j XXIII, MISCELLANEOUS A, Organization shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising thereunder to eny party or parties, bank, trust company or other financial institution without the prior w1ten approval of City. 4. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. C. In no event shall any payment to Organization hereunder, or any other act or failure of City to insist in any one or more instances upon the terms and conditions of this Agreement constitute or be construed in any way to be a waiver by City of any breach of covenant or default which may then or subsequently be committed by Organization, Neither shall such payment, act, of omission in any manner Impair or • prejudice any right, power, privilege, or remedy available to City to enforce its rigiats hereunder, which rights, powers, privileges, c r remedies are always specifically 0 • is k 32 X 1 preserved, No representative or agent of City may waive the effant of this provision. 0. This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement betwaen the parties hereto, and any prior agreement, assertion, statement, understanding, or other commitment occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed In writing, and if appropriate, recorded as an amendment of , this Agreement. E. In the event any disagreement or dispute should arise between the partles hereto pertalning to the interpretation or meaning of any part of this Agreement or its governing rules, codes, taws, ordinances, or regulations, City as the party ultimately responsible to HUD for matters of compliance, will have the final authority to render or to secure an Interpretation, F. This Agreement shall be Interpreted in accordance with the laws of the State of Texas and venue of any litigation concerning this Agreement shall be in a court of Y` competent jurisdiction sitting In Denton County, Texas, IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter Into th's Agreement as of the day of 1998. CITY OF DENTON, TEXAS BY: BICaAEL M. JEZ, CITY MANAGER ATTEST; JENNIFER WALTERS, CITY SECRETARY BY. r i A?PF%OVED AS TO LEGAL FORM: 7 HERBERT PROUTY, CITY ATTORNEY e le 41 14 , r ~ F i I DENTON CITY COUNTY DAY SCHOOL, INC. BY: DIRECTOR ATTEST: BY: BOARD SECRETARY { i; I i r 20 ati . i s, mom I City of Denton - Community Development Division Qualifying Income Limits for Federally Assisted Programs FY 1998.99 Maximum Income Levels Family Moderate Income Low Income Very Low Income Extremely Low Income size 80%-66%AMi 65%-51%AMI 50%-31%AN 30%3 Below AM, 1 $30,450 - $24,751 $24,750 • $19,051 $19,050.$11.401 511,400 or Below 2 $34,800 - $28,301 $28,300 • $21,751 $21,750 - $13,051 $13,050 or 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 $27,200.516,301 $18,300 or Below 5 $47,000.538,201 $38,200 .$29,401 $29,400 • $17,551 $17,650 or Below 6 $50,500 • $41,001 $41,000 - $31,551 $31,550 - $18,951 $16,950 or Below 7 $53,950.$43.901 $43,900 - $33,751 $33,750 - $20,251 $20,250 or Below 8 $57,450. $46,651 $46,650.535,901 $35,900 421,551 $21,550 or Below Source; U,S. Departmentof Housing and Urban Development Effective October 1, 1998 , • I 1 I i I ~ U11 "i y"'"3 f I X M 26 x ~1.2 X I i 1. 0 I4.~a , EXHIBIT "A' h WORK STATEMENT DENTON CITY-CO. DAY SCHOOL Denton City County Day School is a non-profit child care facility for low Income families. DCCDS serves children ranging In age from 18 month to 5'/2. Parents must be working, going to school full time, or doing both part time, or actively seeking employment to be eligible. DCCDS Is open Monday through Friday from 8:30 a.m. to 5:30 p.m, The stall consists of 8 teachers, a cool, an assistant director and dlwlor, The children are served breakfast, lunch, and 2 snacks. The nursery not only provides a safe and healthy environment for child care, but a learning program for all age groups. The curriculum places emphasis on cognitive, ~r affective, and psychomotor leaming skills, good health habits, and physical development. The nursery staff receives 20 continuing education hours each year in child development and early childhood education. F The most Important element of our work is the emphasis placed on enhancing the self concept of each individual child, as this is very slgniflcant for his/her future success. i - t l c. k r ~ ~ .t 22 f ~ ; ~ , r14r,,., 3243 0 AMU" ; I 0 M@MA EXHIBIT "B" BUDGET DENTON CITY COUNTY DAY SCHOOL " City of Denton funding $23,000.00 Monthly Request (teacher salaries) $ 1,916.66 i f { I ,I i 27 X 0 32x25 1a INS 4 c ,cww _ ..Ap'nde Na ~_Z7G , _ Aganda Item AGENDA INFORMATION SHEET AGENDA DATE: October 20, 1998 Questions concerning this acquisition may be directed DEPARTMENT: Finance - Purchasing to Barbara Ross 349-7235 ACU1: Katny DuBose. 349.8228 SUBJF,CT AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR DOMESTIC VIOLENCE, SEXUAL ASSAULT, CRISIS INTERVENTION & PREVENTION PROGRAM, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. ( BID # 2226 - DOMESTIC VIOLENCE, SEXUAL ASSAULT, CRISIS INTERVENTION & PREVENTION PROGRAM AWARDED TO DENTON COUNTY FRIENDS OF THE FAMILY, INC. IN THE AMOUNT OF $40,000,00), I BACKGROLN-Q Tabulation Sheet ESTIMATED SCHEDULE OF PROJECT This agreement shall commence upon approval and terminate on September 30, 1999, unless the contract is sooner terminated under Section VII "Suspension or Termination" under the contract agreement. FISCAL 1NFOP01ATION CDBG funds have been appropriated for this program; A Account 9 100-051.015M.8931 BID INFORMATIOY f y this bid is to provide shelter and protective services to assist victims of domestic f • violence and sexual assault, as well as programs to reduce the incidence of domestic 0 • v iolence and sexual assault. jvll 1 I 'i~~~~a, 2~i x Q 32 x 1 ❑ y I j. AGENDA INFORIb1ATION SHEET OCTOBER 20, 1998 PAGE 2 OF 2 Respectfully submitted, 1\'arne, Tom Shaw. C.P.M.• 349-7100 Title Purchasing Agent Attachment #l; Tabulation Sheet f Il~nce~n,~ I 'I 1 I 4 YO °I • ~ II n 1, V-1 2 r ti• I • i 4 k S. y • Iltp'~•A~, f$1~I~m~,~IJ1 +l,x~ ~w.f ' 1 32Xi o I f ATTACHMENT 01 TABULATION SHEET BID # 2226 810 NAME DOMESTIC VIOLENCE, SEXUAL ASSAULT, DENTON COUNTY CRISIS INTERVENTION t PREVENTION FRIENDS OF THE PROGRAM FAMILY DATE 30Jufi4l DESCRIPTION VENDOR TOTAL BID PRICE $40,000.00 3 ' f _ r:•AI~s,~ rf-Y , k 1 32X10 ' 25 lo 0 i n i r r I i I ORDINANCE NO. I AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR DOMESTIC VIOLENCE, SEXUAL ASSAULT, CRISIS INTERVENTION & PREVENTION PROGRAM, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (BID P 2226 - DOMESTIC VIOLENCE, SEXUAL ASSAULT, CRISIS INTERVENTION & PREVENTION PROGRAM AWARDED TO DENTON COUNTY FRIENDS OF THE FAMILY, INC. IN THE AMOUNT OF $40,000.00). ` I 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 recomm;nded 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 following competitive bids for materials, equipment, supplies, or services, described in the "Bid Proposals" on file in the office of City's Purchasing Agent riled according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids for such items: Bill ITEM NUMBER -NQ, CONTRACTOR AMOUN 1226 ALL DENTON COUNTY FRIENDS 540,000.91 • OF THE FAMILY, INC. 1 SECTION II, That the acceptance and approval of the above competitive 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, i • quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related p • documents. ~gAlr I I i 4 i~ i ~ I Mail' 25 x la 32XID 0 .v..H. SECTION III. That the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contracts which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above competitive 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 the day of _,1998 JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ; ' APPROVED AS TO LEGAL FORM: t HERBERT L, PROUTY, CITY ATTORNEY j S , r• :?26DOMESTIC 110LE`,CF.SE, AL.C014TKAC'TORDIN'A\CE ' ,0 O r 5 { 25 32x)0 0 1999 •199; SERVICE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON COUNTY FRIENDS OF THE FAMILY, INC, (BID M 2226) This Agreement Is hereby entered Into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, hereinafter referred to as "City", and Denton County Friends of the Family. Inc., a non•proft corporation, P.O. Box 623, Denton, Texas 76202, hereinafter referred to a%' Organization"; WHEREAS, City's Human Services Committee ("HSC") has reviewed the proposal for services and has determined that Organization performs an important service for the residents of Denton without regard to race, religion, color, age or national origin, and HSC recommends the purchase of services; and WHEREAS, City has determined that the proposal for services merits assistance f and can provide needed services to citizens of City and has provided funds in its budget for the purpose of paying for contractual services; NOW, THEREFORE, the parties hereto mutually agree as follows: i. SCOPE CIF SrRVICES Organization shall in a satisfactory and proper manner perform the following tasks, for which the monies provided by City may be used: A. Provide emergency residential shelter to women and their children, who are victims of domestic violence. B, Provide counseling, on bith a residential and non-residential basis, to family members, to assist them in dealing with the emotional and physical trauma of domestic violence. C, Provide counseling services to victims of rape and their families. j D. Provide community education services concerning rape and domestic violnce, E Organization shall perform those services described in the Work Statement herein attached as Exhibit A. it. e OBLIGATIONS OF ORGANIZATION I In consideration of the receipt of funds from City, Organization agrees to the J ' 6 ' i i following terms and conditions: A. Forty Thousand Doll ars($40,000) may be paid to Organization by City, and the only expenditures reimbursed from these funds, shall be those in accordance with the project budget, attached hereto as Exhibit B and incorporated herein by reference. for those expenses listed in the scope cd services a:; provided herein. Organization shall not utilize these funds for any other purpose, B. It will establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a review of the financial status of the program. C. It will permit authorized officials of City to review its books at any time. 0. It will reduce to writing all of its rules, regulations, and policies and file a copy with City's Community Development Office along with any amendments, additions, or revisions whenever adopted. E. It will not enter into any contracts that would encumber City funds for a period that would extend beyond the term of this Agreement. F. It will promptly pay all bills when submitted unless there is a discrepancy In a bill; any errors or discrepancies in bills shall be promptly reported to City's Executive Director of Finance, or her authorized representative, for further direction. G. It will appoint a representative who will be available to meet with City's Executive Director of Finance and other City officials when requested. H. It will indemnify and hold harmtes.. City from any and all claims and suits arising out of the activities of Organization, its _mployees, and/or contractors. 1. It will submit to City copies of year-end audited financial statements. fIL ' TIME OF PERFORMANCE The services funded by City shall be undertaken and completed by Organization within the following time frame: Octoher 1, 1998 through September 30, 1999, unless the contract is sooner terminated under Section VII "Suspension or Termination". IV. COMPLIANCE WITH FEDERAL, STATE and LOCAL LAWS p 1 A. CONTRACTOR understands that funds provided to it pursuant to this 7 ~k; ,.10 32XI❑ MAW o 0 { Agreement are funds which have been made available to CITY by the Federal Government (U.S. Department of Housing and Urban Development) under the Housing and Community Development Act of 1974, as amended, in accordance with an approved Grant Application and specific assurances. Accordingly, CONTRACTOR assures and certifies that it will comply with the requirements of the Housing and Community Development Act of 1974 (P,L. 93.383) as amended and with regulations promulgated thereunder, and codified at 24 CFR 570. The foregoing is in no way meant to constitute a complete compilation of all duties imposed upon CONTRACTOR by law or administrative ruling, or to narrow the standards which CONTRACTOR must follow. CONTRACTOR further accrues and certifies that if the regulations and issuances promulgated pursuant to the Act are amended or revised, it shall comply with them, or notify CITY, as provided in Section XXiV of this Agreement. CONTRACTOR agrees to abide by the conditions of and comply with the requirements of the Office of Management and Budget Circulars Nos. A-110 and A-122. B. CONTRACTOR shall comply with alt applicable federal laws, laws of the State of Texas and ordinances of the City of Denton. V. REPRESENTATIONS A, CONTRACTOR assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Agreement. B. The person or persons signing and executing this Agreement on behalf of CONTRACTOR, do hereby warrant and guarantee that he, she, or they have been fully authorized by CONTRACTOR to execute this Agreement on behalf of CONTRACTOR and to validly and legally bind CONTRACTOR to all terms, performances and provisions herein set forth. C. CITY shall have the right, et its option, to either temporarily suspend or permanently terminate this Agreement if there is a dispute as to the legal authority of either CONTRACTOR or the person signing the Agreement to enter into this ,r 0 Agreement. CONTRACTOR is liab., to CITY for any money it has recelved from CITY for performance of the provisions of this Agreement if CITY has suspended or terminated this Agreement for the rea::ons enumerated in this Section. D. CONTRACTOR agrees that the funde and resources provided I CONTRACTOR under the terms of this Agreement will in no way be substituted for funds and resources from other sources, nor in any way serve to reduce the resources, services, or other benefits which would have been available to, or provided through. CONTRACTOR had this Agreement not been executed. e WE 0- O 1 i ' Vl. COVENANTS A. During the period of time that pa;ment may be made hereunder and so long as any payments remain unliquidated, CONTRACTOR shall not, without the poor written consent of the Community Development Administrator or her authorized representative: (1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets of CONTRACTOR now owned or hereafter acquired by it, or permit any pre-existing mortgages, li-ns, or other encumbrances to remain on, or attached to, any assets of CONTRACTOR which are allocated to the performance of this Agreement and with respect to which CITY has ownership hereunder. (2) Sell, assign, pledge, transfer or otherw;se dispose of accounts receivables, notes or claims for money due or to become due. (3) Sell, convey, or lease all or substa tial part of its assets, (4) Make any advance or loan to, or Incur any liability for any other firm, person, entity or corporation as guarantor, surety, or accommodation endorser. (5) Sell, donate, loan or transfer any equipment or item of personal property purchased with funds paid to CONTRACTOR by CITY, unless CITY authorizes such transfer. B. Should CONTRACTOR use funds received under this Agreement to acquire or improve real property under CONTRACTOR's control, CONTRACTOR agrees and covenants: (1) That the properly shall be used to meet one of the national objectives stated in 24 CFR 570 until August 31, 2006. (2) That should CONTRACTOR transfer or otherwise dispose of saidf property on or before August 31, 2008, CONTRACTOR shall reimburse CITY in the amount of the fair market value of this property less any portion of the value attributable to expenditures of non•CDBO funds for acquisition of, or Improvement to, the property, C. CONTRACTOR agrees, upon written request by CITY, to require its 1D employees to attend training sessions sponsored by the Community Development Office. 9 ~.hxd 32XI❑ o , 0 WON" VIP. PAYMENTS A. Payments to Organization. City shall pay to Organization a maximum amount of money not to exceed Forty Thousand Dollars ($40,000) for services rendered under this Agreement. City will pay these funds on a reimbursement basis to Organization within twenty days after City has received supporting documentation. Organization's failure to request reimbursement on a timely bcsic, may jeopardize present or future funding. B. Excess Payment. Organization shall refund to City within ten (10) working days of City's request, any sum of money which has been paid by City and which City at any time thereafter determines; 1) has resulted in overpayment to Organizatlun; or 2) has not been spent strictly in accordance with the terms of this Agreement; or 3) Is not supported by adequate documentation to fully justify the expenditure. C. Organization's rel"nbursement request for any one month period will not exceed one-fifth (115) of any budgeted line items for costs as specified in Exhibit B. i D, Deobligation of Funds. In the event that actual expenditures deviate from Organization's provision of a corresponding level of performance, as specified in Exhibit A, City hereby reserves the right to reapproprlate or recapture any such under expended funds. E. Contract Close Out. Organization shall submit the contract close out package to City, together with a final expenditure report, for the time period covered by the last Invoice requesting reimbursement of funds under this Agreement, within fifteen (15) working days following the close of the contract period. Organization shall utilize the form agreed upon by City and Organization. VIII. MAINTENANCE OF RECORDS A. CONTRACTOR agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under this • Agreement, in compliance with the provisions of Exhibit B. attached hereto, and with p • any other applicable Federal and State regulations establishing standards for financial } .f management. CONTRACTOR's record system shail contain sufficient documentation to TyJ i 10 ?5K~~ 32XIO • 0 l Provide in detail full support and justification for each expenditure. Nothing In this Section shall be construed to relieve CONTRACTOR of fiscal accountability and liability under any other provision of this Agreement or any applicable law. CONTRACTOR shall Include the substance of this provision in all subcontracts. B. CONTRACTOR agrees to retain all books, records, documents, reports, and r written accounting procedures pertaining to the operation of programs and expenditures of funds under this Agreement for the period of time and under the conditions specified by CITY. C. Nothing in the above subsections shall be construed to relieve CONTRACTOR of responsibility for reta'ning accurate and current records which clearly reflect the level and benefit of services provided under this Agreement. 0. At any reasonable time and as often as CITY may deem necessary, the r r CONTRACTOR shall make available to CITY, HUD, or any of their authorized I representatives, all of its records and shall permit CITY, HUD, or any of their authorized representatives to audit, examine, make excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions or employment and all other data requested by said representatives. IX. REPORTS AND INFORMATION At such times and In such form as CITY may require, CONTRACTOR shall furnish such statements, records, data and information as CITY may request and deem j pertinent to matters covered by this Agreement. 1J CONTRACTOR shall s jbmit quarterly beneficiary and financial reports to CITY no less than once each three months. The beneficiary report shall detail client Information, Including race, income, female head of household and other statis(ics required by CITY. The financial report shall Include information and data relative to ail programmatic and financial reporting as of the beginning date specified In Section I of this Agreement. ` Unless a written exemption has been granted by the CITY, CONTRACTOR~Ahall submit an audit conducted by Independent examiners with tan days after receipt , I such. (10) or i V. EVALUATION , Organization agrees to participate in an implementation and maintenance system A whereby the services can be continuously monitored. Organization agrees to make available its financial records for review by City at City's discretion. In addition, ti 32X . • 0 i n , data and reports, or copies thereof: i Organization 2~rees to provide City the following anization shall subrr, a copy of the annual A, All external or internal audits. days of receipt, independent audit to City within ten (j0) orre ' B. All external or internal evaluation rep Aril re orts to be submittt C e in January, ;ty . G . Quarterly performancelbeneSlciary p nested by include such information as req ersons or households duiy and September, to but not limited to' number of p Development Divislon including A ni Income. assisted, race, gender, disability status and house fnanc al s atements In January, P and ear•to-date period D, Organization agrees to submit quarterly c innin ill 'include accounting g and and September. Each st teme reshout tandingobligalo s and beg 1uly, of all revenues, expenditu. ending balances, E An explanation of any major changes in program services. nization agrees to maintain records that wilt F. To comPlY with this section, Or9a lete d1sclOst ana Jfe t o0rganszal'orisfrecoad provide accurate, current, performed nunde this Agovide In detail full support received and the servite~ P fees to retain all books, records. system shall contain sufficient documenli4ati ro gnus s pertaining to the services justlrication for each orid writtwritteen . Orga accoun nization aeement for the period of time and documents, reports, and ting p ire of funds provided and expendit ec f ed by the Ci yr this A9 under the conditions sp anization o' G, Nothing in the above subsections shall be construed to relieve Oro current recod onsibility for retaining accuratodeTthisAgreements which clearly reflect the le:e. resp and benefit of services pr°vide u XI. DIRECTORS. MEETINGS ies of a1',, reement, Organization shalt deliver to City late thereof.' • During the term of this Ag forth the time ant pl notice, anL manner to give adeq notices of meetings of its Board of Dirin°aotmelyting ate Such notice shall be delivered to City s that City's of the=matters shall be affords. ll include an agenda and a beef Directorsdescription of the matters s 11 discussed sha Organization understands an 09 access to all meetings 0f its Board of , body shall be available to C • s of Organ within ten (10) ization's governing O , Minutes owo k ng d ra s of approval. 12 L -r 10 32XICJ s Q VAM" XII. SUSPENSION OR TERMINATION A. The City may terminate this Agreement with cause if the Organization violates any covenants, agreements, or guarantees of this Agret ant, the Organization 's insolvency or filing of bankruptcy, dissolution, or receivers. or the Organizaticn's violation of any law or regulation to which it Is bound under the terms of this Agreement. B. The City may terminate this Agreement for convenience at any time. If this Agreement is terminated for convenience by the City, Organization will be paid an amount not to exceed the total amount of accrued expenditures as of the effective date of termination. In no event will this compensation exceed an amount which bears the same ratio to the total compensation as the services actually performed bears to the total services of Organization covered by the Agreement, less payments previously made. In case of suspension, City shall advise Organization, in writing, as to conditions precedent to the resumption of funding and specify a reasonable date for compliance. In case of termination, Organization will remit to City any unexpended City funds. Acceptance of these funds shall not constitute a waiver of any claim City may otherwise have arising out of this Agreement. XIII. ID PERSONNEL. POLICIES Personnel policies shall be established by CONTRACTOR and shall be available for examination. Such personnel policies shall: A. Be no more liberal than CITY's personnel policies, procedures, and practices, Including policies with respect to employment, salary and wage rates, working hours and holidays, fringe benefits, vacation and sick leave privileges, and travel; and B. Be in writing and shall be approved by the governing body of CONTRACTOR and by CITY. XIV. • EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS t A. Organization will submit for City approval, a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, within one hundred ` twenty (120) days of the effective date of this Agreement, ,i B. Organization Shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. p 13 _ i i 4A ? 5 Y 10 32 x I 01 i i s 0 - I C. Organization will furnish all information and reports requested by City, and will permit access to its books, records, and accounts for purposes of investigation to , ascertain compliance with local, State and Federal rules and regulations. i I D. In the event of Organization,` non-compliance with the non-discrimination requirements, the Agreement may be canceled, terminated, or suspended in whole or in part, and Organization may be barred from further contracts with City. XV. WARRANTIES ORGANIZATION represents and warrants that: A. All Information, reports and data heretofore or hereafter requested by City and furnished to City, are complete and accurate as of the date shown on the I! Information, data, or report, and, since that date, have not undergone any significant change without written notice to City. i B. Any supporting financial statements heretofore requested by City and fum{ched to City, are complete, accurate and fairly reflect the financial conditions of Organization on the date shown on said report, and the results of the operation for the In the financial condition data, there has of Organization. no material change` aovered by dverse or the repoit, and C. No litigation or legal proceedings are presently pending or threatened against Organization. 0. None of the provisions herein contravenes or is in conflict with the authority under which Organization is doing business or with the provisions of any existing Indenture or agreement of Organization. E. Organization has the power to enter Into this Agreement and accept paymerts hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement. F, None of the assets of Organization are subject to any lien or I encumbrance of any character, except for current taxes not delinquent,$bxcept as shown in the financial statements furnished by Organizatio r to City. Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment. ' w XVI. CHANGES AND AMENDMENTS O IMF 14 25x~U 32x~❑ s , . o A. Any alterations, additions, or deletions to the terms of this Agreement 1 shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. B. Organization may not make transfers between or among approved line items within budget categories set forth in Exhibit B without prior written approval of the Community Development Administrator for the City. Organization shall request, in writing, budget revision in a form prescribed by City, and such request for revision the sha11 not increase the total morelary obligation of City under this Agreement. In addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded under this Agreement. C. Organization will submit revised budget and program Information, whenever the level of funding for Organization or the program(s) described herein is altered according to the total levels contained in any portion of Exhibit B. D. It Is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement Any such modifications are to be automatically incorporated Into this Agreement without written amendment hereto, and shall become a part of the Agreement on the effective date specified by the law or regulation. E. City may, from time to time during the term of the Agreement, request changes in Exhibit A which may Include an increase or decrease in the amount of Organization's compensation. Such changes shall be incorporated in a written amendmert hereto, as provided in Subsection A of this Section. F. Any alterations, deletions, or addtions to the Contract Budget Detail incorporated in Exhibit B shall require the prior written approval of City. { G. Organization agrees to notify City of any proposed change in physical location for work performed under this Agreement at least thirty (30) calendar days in advance of the change. H. Organization shall notify City of any changes in personnel or governing board composition. 1. It is expressly understood that neither the performance of ExhibidA for any program contracted hereunder nor the transfer of funds between or among said ' i programs will be permitted. ai XVII. NOTIFICATION OF ACTION BROUGHT I`-!-; I I I 0 0 i ~ i In the event that ary claim, demand, suit or other action is made or brought by any person(s), firm corporation or other entity against CONTRACTOR. CONTRACTOR shall give written notice thereof to CITY within two (2) working days after being notified of such claim, demand, suit or other action. Such notice shall state the date and hour of notification of any such claim, demand, suit or other action; the names and addresses of the person(s), firm, corporation or other entity making such claim, or that Instituted or threatened to institute any type of action or proceeding; the basis of such claim, action , or threatened. Su-ti written notice any shall person(s) against whom such claim be delivered eftherr personally orlby maill.. made XVIh, INDEMNIFICATION A. It is expressly understoodS and agreed by independent contractor parties hereto that City Is contracting with Organization and am that a as such, Organization shall save and hold City, Its officers, agents . harmless from all IlabNl#y of any nature or kind, including costs and expenses for, or on account of, any claims, audit exceptions, demands, suits or damages of j rep holetator In lve of Orga zthe performance or any character whatsoever resulting omission of any employee, for, to Ind and mni B. Organization agrees to r sor contractors from any andeall claims, hold hsrmlesa City its agents, employee, suits, causes of action, demands, damages, losses, attorney fees, expenses, and liability arising out of the use of these contracted funds and program administration and implementation except to the extent caused by the willful act or omission of City, Its agents or employees, XtX. INSURANCE A, Organization shall observe sound business practices with respect to providing such bonding and insurance as would provide adequate coverage for services offered under this Agreement, B. The premises on and in which the activities described in Exhibit A are conducted, the employees conducting these activities, shall be covered by premise O liability insurance, commonly referred to as "Ownerffenant" coverage with 81ty named i as an additional Insured. Upon request of Organization, City may, at its sole discretion, approve alternate insurance coverage arrangements. C. Organization wit comply with applicable workers' compensation statutes and will obtain employers' liability coverage where available and other appropriate liability coverage for program participants, it applicable. O 1 to I °x ` !h K❑ 3 2 X I D I o o ' i 0. Organization will maintain adequate and continuous liability Insurance on all vehicles owned, leased, or operated by Organization. All employees of Organization who are required to drive a vehicle in the normal scope and course of their employment must possess a valid Texas Drlver's license and automobile liability Insurance. Evidence of the employee's current possession of a valid license and insurance must be maintained on a current basis in Organization's files. ' E. Actual losses are not covered by insurance as required by this Section are not allowable costs under this Agreement, and remain the sole responsibility of Organization. F. The policy or policies of Insurance shall contain a clause which requires that City and Organization be notified In writing of any cancellation or change In the policy at least thirty (30) days prior to such change or cancellation. XX. CONFLICT OF INTEREST A. Organization covenants that neither it nor any member of its governing body presently has any Interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this is A reement Agreement, such me further shall be covenants that In appointed as of a hm mgberr of is no person having ving such governing body. a. Organization further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest In or use his/her position for a purpose that Is or gives the appearance of being motivated by desire for private gain for himself/herself, or others; particularly those with which he/she has family, business, or other ties. C. No officer, member, or employee r City and no member of its governing body who exercises any function or responsibilities in the review approval of the undertaking or carrying out of this Agreement shall (1) participate any decision relating to the Agreement which affects his personal interest or the Interest In any A , corporation, partnership, or association In which he `as direct or indirect Interest; or (2) .f have any interest, direct or indirect, in this Agreement or the proceeds thereof I XXI. NEPOTISM I Organization shall not employ in any paid capacity any person who is a member of thn immediate family or any person who is currently employed by Orgarization, or is a mber of Organization's governing board. The term "member of Immediate family" t~ me jt4l 4 J li 25 0 includes: wife, husbano, son, daughter, mother, father, brother, sister, In-laws, aunt, uncle, nephew, niece, step-parP,it, step-child, half-brother and half-sister, XXII. NOTICE Any notice or othsf written instrument required or permitted to he delivered under , the terms of this Agreement shall be deemed to have been delivered, whether actually received or not, when deposited in the United States mail, postage prepaid, registered or certified, return receipt requested, addressed to Organization or City, as the case may be, at the foilowing addresses: CITY ORGANIZATION t,'ty of Denton, Texas Director Attn: City Manager Denton County Friends of the Family Inc. 215 E. McKinney P,O. Box 640 Denton, TX 76201 Denton, Texas 76202 l Either party may change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested. XXIII, MISCELLANEOUS A. Organization shall not transfer, pledge or otherwise assign this Agreement or any Interest therein, or any claim arising thereunder to any party or parties, bank, trust company or other financial Institution without the prior written approval of City. B. If any provision of '_lils Agreement Is held to be Invalid, Illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. 1 C, In no event shall any payment to Organization hereunder, or any other ac: or failure of City to insist In any one or more Instances upon the terms and conditions of A this Agreement constitute or be construed in any way to be a waver by City~of any breach of covenant or default which may then or subse5-.1ently be commttsd by Organization. Neither shall such payment, act, or omission in any manner impair or prejudice any r:ghl, power, privilege, or remedy available to City to enfored its rights hereunder, whl ,h rights, powers, privileges, or remedies arc always specifically j preserved. No representative or agent of City may waive the effect Lf this provision, 1 0 D. This Agreement, together with referenced exhibits and attachments, tD I 1 is I r i 1 men w constitutes r4mimtmentlooccurrin9 during the term of statement, understand ng oreothen the assertion. this Agreement, or suLsequent thereto, have ropriategrecordedoas an amendment of unless properly executed in writing, and if app p this Agreement. S. In the event any disagreement or dispute should arise between the parties E art or its hereto pertaining s, codes. claws rordinances, ornreg ,taof any t ons QC ty ashthe party ultimately governing g responsible to HUD for matters of compliance, will have the final authority to render or to secure an Interpretation, F. This Agreement shall be Interpreted In accordance with the laws of the Slate o` Texas and venue of any litigation concerning this Agreement shall be In a court of competent jur!idict!on sitting in Denton County, Texas. IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into th!s Agreement as of the day of CITY OF DENTON, TEXAS i BY: MICIll1EI M. JE2r CITY FMAGER ATTEST: SENNIFER WALTER, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ! 1 '0 HERBERT PROUTY. CITY ATTORNEY w J~; 19 mom 32XIO t~ ~ F ~ ~ I , 1 4f : 1 1 n tti~ ['.fit I ra° r , Q 1 , 4 D2NTON COUNTY FRIENDS OF THE FAMILY INC. BY: DIRECTOR ATTEST: BY: SECRETARY f. 1 • t `A n I G IO 3 Y.. 4 1 1 1 1 bra 25x10 ~y 32x~d 1 1 0 S a , City of Denton - Community Development Division Qualifying Income Limits for Federally Assisted Programs FY 1998-99 Maximum Income Levels , Family Moderate Income Low Income :50%9-3:i%AM1 ry Loe Extremely Low Income Site 60% - 66% AM1 65% - 5i% AMI 30°/. 8 Below Ah11 I 1 530,450. $24,751 $24,7L0 519,051 $19,050. $11,401 $11,400 or Below 2 $34,8 .$28,301 $28,300.$21,73' $21,750.513,051 $13,050 or Below 3 $39,150.$31,851 $31,850-$24,501 $24,500.$14,701 $14,100orBefcw 4 $43,500. $35,351 $35,350.527,201 $27,200. $16,301 $16,300 or Below 5 $47,000 - $38,201 $38,200 - $29,401 $29,400 • $17,651 $17,650 or Below 6 550,500 $41,001 $41,000 • $31,551 $31,550. $18,951 $18,950 or Below 7 $55 950 • $43,901 $43,900 • $33,751 $33,750 • $20,251 $20,250 or Below 6 $57,4'0 548,651 $46,650 • $35,901 $35,900 • $21,551 $21,650 or Belo,v Source'. U.S. Department of Housing and Urban Development Effective October 1 1958 r , r ` ir# u r i AMR" rn.-:r0tl :o..t_. r Vii. EXHIBIT "A" I WORK STATEMENT. DENTON COUNTY FRIENDS OF THE FAMILY Denton County Friends of the Family, Inc. Provides a full realm of services to victims of family violence and sexual assault. The services provided free of charge to victims include a 24-hour. 7 an emergency shelter for women and their children who are in danger due to day a week hotline, helter and family violence, children's programs in the s outreach which includes rape crisi% i and offices, indivi&al group counseling for victims, a sexual assault recovery program intervention 24-hours aday, accompaniment and advocacy throughout the legal system. homemaker services for referred CPS cases, and parenting eau addition family violence e i services provided for victims, individual and group therapy provided offenders based on a sliding fee scale. t " f r 4 V ,z II I , 'F C" 2 x 32x10 ee, n 7 r . r S iAAM'/ r E)WIBIT "B" BUDGET DENTON COUNTY FRIENDS OF THE FAMILY City of Denton $40,000.00 Monthly Request $ 3,333.33 Monthly Expenses Director Family Violence S 833.33 r Director of Sexual Assault S 416.67 Director of Children & Adolescent Services S 416,67 Shelter Director S 833.33 Shelter Family Violence Counselor S 416.67 Shelter Children's Counselor S 416,66 I A r ~ r I' =0 # i 1 1 I 6 23 32X i I ' Ayendb No - - f Agenda Ilem_ Bate--- r AGENDA INFORMATION SHEET ~ I AGENDA DATE: October 20, 1998 Questions conceming this acquisition may be directed , DEPARTMENT: Finance - Purchasing to Barbara Rc;,; 349-7235 A01: Kathy DUBosc, 349.8228 SSzB.J ECT AN ORDINANCE ACCEPTING COMPETITIt'L BIDS AND AWARDING A CONTRACT FOR INFANT AND CHILD CARE PROGRAMS FOR LOW-INCOME FAMILIES, PROVIDING FOR THE EXPENDITURE OF FUNDS THERFFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (BID # 2227 - INFANT AND CHILD CARE PROGRAMS FOR LOW-INCOME FAMILIES AWARDED TO FRED MOORS DAY NURSERY SCHOOL, INC., IN THE AMOUNT OF 537,000.00). BACKGROUND Tabulation Sheet ESTIMATED SCHEDULE OF PROJECT This agreement shall comnfcnce upon approval and terminate on Scptc,nbcr 30. 1999, unless sooner terminated in accordance with Section III "Suspension or Tcrm'nation'". FISCAL INFOPMATION CIMG funds have been appropriated for this program: Account d 100.051.051 M-8965 i " BID INFORMATION 41 phis bid is to provide licensed child care senices on a sliding fee scale for children of loe•to•modcrate income working parents, parents enrolled full time in school or a training program, fmcmployed individuals %sho are acti%cly seeking cmploymcnl, and rrents %%orking and enrolled in school part lima 1 he son ice accepts children of ages G kNecks to 5 )cars from 7:00 A.At to 6:00 P.M., and includes ~%cll balanced meals and a Ieaming dcaelopment curriculum. O • 1 ,t ,r 2~ K I CJ 32 X I O m. % • 0 , AGENDA INFORNIATION SHEET OCTOBER 20, 1998 PAGE 2 OF 2 Respectfully submitted: Name Tom Shaw. C.P.N1, 349.7100 Title: Purchasing Agent Attachmenr #I: Tabulation Shcet ` n e VANDA ,r k ` s 'a, J 2 F.r 4 44 r FKt.r'~ 'r: 25x10 32X i o A ~ f f I V ' I ATTACHMENT 41 i TABULATION SHEET ;I I BID • 2227 I BID NAME INFANT & CHILD CARE PROGRAM FOR FRED MOORE LOWINCOME FAMILIES CHILD CARE DATE $O,hnA$ 0 DESCRIPTION VENDOR TOTAL BID PRICE $77,000.00 f a t E ZK,Y 3 f 'lY Z Itil [ 25 lo i s o i h I ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR INFANT AND CHILD CARE PROGRAMS FOR LOW-INCONIE FAMILIES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE, (BID N 2227 - INFANT AND CHILD CARE PROGRAMS FOR LOW-INCOME FAMILIES AWARDED TO FRED MOORS DAY NURSERY SCHOOL, INC., IN THE II I AMOUNT OF $37,000.00). WHEREAS, the City has solicited, received and tabulated compctitivt bids for the purchase of necessary materials, equipment, supplies or services in accordance %viih the )rocedures of STATE law anr; 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 F or scr ices as shown in the "Bid Proposals" submitted therefore; and X5'1 iE•REAS, the City Council has provided in the City Budget for 6ic appropriation of funds to he used for the purchase of the materials, equipment, supplics or services ap;aroved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the follow ing competitive bids for materials, equipment, supplies, or services, described in the "Bid Proposals" on file in the office of City's Purchasing Agent filed cccording to the bid number a signed hereto, arc hereby accepted and approved as being the lowest responsible bids for such ituns: BID ITEM NUMBER NO• CONTRACTOR j 2227 ALL FRED MOORE DAY NURSERY S37,000,0e SCHOOL, INC. SECTION 11, That the acceptance and approval of the above competitive bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the malcrials, equipment supplics or sen ices in accordance with the terms, specifications, standards. quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related 0 f documents. a 7 x o 32X 10 mama" 0 b SECTION 11L That the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his dsignated representative is hereby authorized to execute the written contracts which shall be attached hereto; provided that the written contract is in arcordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above competitive 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 the daN' of .1993 JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CII Y SECRETARY APPROVED AS TO LEGAL FORM; is HERBERT L• PROUTY, C'II Y ATTORNEY r 2227 INFANT AND CHILD CARE CONTRACT, ORDINANCE ~ r1 1 a F. " ' f 26 32X Io e V MCA O i1o"In 1998 •1999 SERVICE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND FRED MOORE DAY NURSERY SCHOOL INC, (Bid N 2227) This Agreement Is hereby entered Into by and Between the City of Denton, Texas. a Home Rule Municipal Corporation, hereinafter worred to as "City", and Fred Moore Day Nursepy School, Inc., a non•pro,it corporation, 821 Crosstimbers, Denton, Texas 76201 hereinafter referred to as "Organization"; WHEREAS, City's Human Services Committee ("HSC") has reviewed the proposal for services and has determined that Organization performs an important service for the residents of Denton without regard to race, religion, color, age or national origin, and H "DC recommends the purchase of services; and I WHEREAS, City has determined that the proposal for services merits assistance and can provide needed services to citizens of City and has provided funds in its budget for the purpose of paying for contractual services; NOW, THEREFORE, the parties hereto mutually agree as follows: I. SCOPE OF SERVICES Organization shall in a satisfactory and proper manner perform the following tasks, for which the monles provided by City may be used: A. To provide low cost day care to low income families where both parents work. B. To provide two nutritional meals, breakfast and lunch, for the children it serves. Organization shall perform those services described In the Work Statement herein attached as Exhibit A. IL OBLIGATIONS OF ORGANIZATION E In consideration of the receipt of funds from City, Organization agrees to the following terms and conditions: i A. Thirty-seven Thousand Dollars ($37,000) may be paid to Organlzetlon by City, f and the only cxpsnditures reimbursed from these funds, shah be those In accordance with the project budget. attached hereto as Exhibit 8 and incorporated herein by A t 6 2X ~r4 r }7 a O pj reference, for those expenses listed in the scope of services as provided herein. Organization shall not utilize these funds for any other purpose. 8. It will establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a review of the financial status of the program. C. It will permit authorized officials of City to review its books at any time. D. It will reduce to writing all of its rules, regulations, and policies and file a copy with City's Community Development Office along with any amendments, additions. or revisions whenever adopted. E. It will not enter Into any contracts that would encumber City funds for a period that would extend beyond the term of this Agreement. F. It will promptly pay all bills when submitted unless there is a discrepancy in a bi;i: any errors or discrepancies in bills shall be promptly reported to City's Executive Director of Finance, or her authorized representative, for further direction. G. It will appoint a representative who will be available to meet with City's Executive Director of Fina.ue and other City officials when requested. i H. It will indemnify and hold harmless City from any and all claims and suits arising out of the activities of Organization, its employees, and/or contractors. 1. It will submit to City copies of year-end audited financial statements. III. 1 TIME OF PERFORMANCE I The services funded by City shall be undertake., and completed by Organization 4 within the following time frarne: October 1, 1998 through September 3^, 1999, unless the contract 13 sooner terminated under Section VII "Suspension or Termination". I IV, ! • COMPLIANCE WITH FEDERAL, STATE and LOCAL LAWS A. CONTRACTOR understands that funds provided to it pursuant to this Agreement are fu, ds whi„ii have been made available to CITY by the Federal Government (U.S. Department of Housing and Urban Development) under the Housing and Community Development Act of 1974, as amended, in accordance with an • approved Grant Application and specific assurances. Accordingly, CONTRACTOR 9 • i 7 j _ y,_,M Icy 32Xica e AWN" 0 .l i i assures and certifies that it will comply with the requirements of the Housing and Community Oevelopment Act of 1974 (P.L. 93.383) as amended and with regulations promulgated thereunder, and codified at 24 CFR 570. The foregoing is in no way meant to constitute r complete compilation of all duties imposed upon CONTRACTOR by law or acirr i ve ruling, or to narrow the standards which CONTRACTOR must follow. CONTRACTOR further accrues and certifies that if the regulations and issuances promulgated pursuant to the Act are amended or revised, it shail cc •nI, vith them, or notify CITY, as provided in Section XXIV of this Agreement. i CONTRACTOR agrees to abide by the conditions of and comply with the requirements of the Office of Management and Budget Circulars Nos. A-110 and A-122. B, CONTRACTOR shall comply with all applicable federal laws, laws of the State of Texas and ordinances of the City of Denton. V REPRESENTATIONS A. CONTRACTOR assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Agreement. B. The person or persons signing and executing this Agreement on behalf of CONTRACTOR, do hereby warrant and guarantee that he, she, or they have been fully E authorized by CONTRACTOR to execute this Agreement on behalf of CONTRACTOR and to validly and legally bind CONTRACTOR to all terms, performances and provisions herein set forth. C. CITY shall have the right, at its option, to either temporarily suspend or permanently terminate this Agreement if there is a dispute as to the legal authority of either CONTRACTOR or the person signing the Agreement to enter into this Agreement. CONTRACTOR is liable to CITY for any money it has received from CITY for performance of the provisions of this Agreement if CITY has suspended or terminated this Agreement for the reasons enumerated In this Section. D. CONTRACTOR agrees that the funds and resources provided CONTRACTOR under the terms of this Agreement will in no way be substituted ftlF t► funds and resources from other sources, nor in any way serve to reduce the resources, services, or other benefits which would have been available to, or provided through, CONTRACTOR had this Agreement not been executed, VI. COVENANTS p s M,a ~El 32XIa. A. During the period of time that payment may be made hereunder and so long as any payments remain unliquidated, CONTRACTOR shall not, without the prior written consent of the Community Development Administrator or her authorized representative: (1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets of CONTRACTOR now owned or hereafter acquired by it, or permit any pre-existing mortgages, liens, or other encumbrances to remain on, or attached to, any assets of CONTRACTOR which are allocated to the performance of this Agreement and with respect to which CITY has ownership hereunder. i (2) Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes or claims for money due or to become due. (3) Sell, convey, or lease all or substantial part of Its assets. 1 (4) Make any advance or loan to, or incur any liability for any other firm, person, entity or corporation as guarantor, surety, or accommodatio,i endorser. h (5) Sell, donate, loan or transfer any equipment or item of personal property purchased with funds paid to CONTRACTOR by CITY, unless CITY authorizes such transfer. B. Should CONTRACTOR use funds received under this Agreement to acquire or improve real property under CONTRACTOR's control, CONTRACTOR agrees and covenants: (1) That the property shall be used to meet one of the national objectives stated in 24 CFR 570 until August 31, 2006. (2) That should CONTRACTOR transfer or otherwise dispose of said property on or before August 31, 2006, CONTRACTOR shall reimburse CITY in the amount of the fair market value of this property less any portion of the value attributable to expenditures of non•CDBG funds for acquisition of, or Improvement to, the property. . rf C. CONTRACTOR agrees, upon written request by CITY, to require its employees to attend training sessions sponsored by the Community Development Office. VII. PAYMENTS • 0 w 9 a. !AD ,J 0 I A. Payments to Organization. City shall pay to Organization a maximum amount of money not to exceed Thirty-seven Thousand Dollars ($37,000) for services rendered under this Agreement. City will pay these funds on a reimbursement basis to Organization within twenty days after City has received supporting documentation. Organization's failure to request reimbursement on a timely basis, may jeopardize I present or future funding. i B. Excess Payment. Organization shall refund to City within ten (10) working days of City's request, any sum of money which has been paid by City and which City at any time thereafter determines: 1) has resulted in overpayment to Organization; or l 2) has not been spent strictly in accordance with the terms of this Agreement; or 3) is not supported by adequata docur, .ntation to fully justify the expenditure, C, Organization's reimbursement request for any one month period will not exceed one-fifth (115) of any bidgeled line items for costs as specified in Exhibit B. D. Deobligation of Funds. In the event that actual expe,iditures deviate from Organization's provision of a corresponding level of performance, as specified in Exhibit I A, City hereby reserves the night to reappropriate or recapture any such unde- expended funds. E. Contract Close Out. Organization shall submit the contract close out package to City, together with a final expenditure report, for the time period covered by the last invoice requesting reimbursement of funds under this Agreement, within fifteen (15) working days following the close of the contract period. Organization shall utilize the form agreed upon by City and Organization. VHI. MAINTENANCE OF RECORDS A. CONTRACTOR agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of the fi ids received under this S Agreement, in compliance with the provisions of Exhibit B, attached hereto, and-- 4ith any other applicable Federal and Slate regulations establishing standards for financial management. CONTRACTOR's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Nothing in this Section shall be construed to relie ie CONTRACTOR of fiscal accountability and liability under any other provision of this Agreement or any applicable law. CONTRACTOR • shall include the substance of this provision in all subcontracts. t, ; 0 • 3r+' is {t i r R~ r: aCl ` ! L7 32 X I II B MAMA B. CONTRACTOR agrees to retain all books, records, documents, reports, and written accounting procedures pertaining to the operation of programs and expenditures of funds under this Agreement for the period of time and under the conditions specified by CITY. C. Nothing in the above subsections shall be construed to relieve CONTRACTOR of responsibility for retaining accurate and current records which clearly reflect the level and benefit of services provided under this Agreement. D. At any reasonable time and as often as CITY may deem necessary, the CONTRACTOR shall make available to CITY, HUD, or any of their authorized E representatives, all of its records and shall permit CITY, HUD, or any of their authorized i representatives to audit, examine, make excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions or employment and all other data requested by said representatives. IX. REPOR? S AND INFORMATION At such times and in such form as CITY may require, CONTRACTOR shall furnish such statements, records, data and Information as CITY may request and deem pertinent to matters covered by this Agreement. CONTRACTOR shall submit quarterly beneficiary and financial reports to CITY no less than once each three months. The beneficiary report shall detail client I Information, including race, income, female head of household and other statistics required by CITY. The financial report shall include information and data felativs, to all programmatic and financial reporting as of the beginning date specified In Se:tion I of this Agreement. Unless a written exemption has been granted by the CITY, CONTRACTOR shall submit an audit conducted by independent examiners with ten (10) days after receipt of such. X. EVALUATION A Organization agrees to participate in an Implementation and maintenancarsystem whereby the services can be continuously monitored. Organization agrees to make available its financial records for review by City at City's discretion. In addition, Organization agrees to provide City the following data and reports, or copies thereof: A. All external or internal audits. Organization ,hall submit a copy of the annual independent audit to City •vithin ten (10) days of receipt. 0 • I ti I~ + 0 LW 2S 10 32XIII Q , 1 y B. All external or internal evaluation reports. C. C. Quarterly performancelbeneficiary reports to be submitted In January, April, July dnd September, to include such information as requested by the City's Community Development Division including but not limited to: number of persons or households assisted, race, gender, disability status and household Income. I D. Organization agrees to submit quarterly financial statements in January, April July, and September. Each statement shall include current and year-to-date period { accounting of all revenues, expenditures, outstanding obligations and beginning and ending balances. E. An explanation of any major changes in program services. l F. To comply with this section, Organization agrees to maintain recoi Js that will provide accurate, current, separate, and complete disclosure of the status of funds received and the services performed under this Agreement. Organizatio li's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Organization agrees to retain all books, records, documents, reports, and written accounting procedures pertaining to the services provided and expenditure of funds under this Agreement for the period of time and under the conditions specified by the City. G. Nothing in the above subsections shall be construed to relieve Organization of 1 responsibility for retaining accurate and current records which clearly reflect the level I and benefit of services provided under this Agreement. X1. DIRECTORS' MEETINGS I During the term of this Agreement, Organization shall deliver to City copies of all notices of meetings of its Board of Directors, salting forth the time and place thereof. Such notice shall be delivered to City In a r'mely manner to give adequate notice, and } shall include an agenda and a brief description of the matters to be discussed, Organization understands and agrees that City's representatives shall be afforded access to all meetings of its Board of Directors. Minutes of all meetings of Organization's governing body shall be availabWto City within ten (10) working days of approval i XII, SUSPENSION OR TERMINATION E+ i JV1 12 .A„ 1 i tS x 0 ~~Xia a A. The City may terminate this Agreement with cause if the Organization violates any covenants, agreements, or guarantees of this Agreement, the Organization 's insolvency or filing of bankruptcy, dissolution, or receivership, or the Organization's violation of any law or regulation to which it is bound under the terms of this Agreement. l , B. The City may terminate this Agreement for convenience at any time. If this Agreement is terminated for convenience by the City, Organization will be paid an mount not to exceed the total amount of accrued expenditures as of the effective date of termination. In no event will this compensation exceed an amount which bears the j same ratio to the total compensation as the services actually performed bears to the total services of Organization covered by the Agreement, less payments previously made. In case of suspension, City shall advise Organization, in writing, as to conditions precedent to the resumption of funding and specify a reasonable date for compliance. 1 In case of termination, Organization will remit to City any unexpended City funds. Acceptance of these funds shall not constitute a waiver of any claim City may otherwise have arising out of this Agreement. XIII, PERSONNEL POLICIES Personnel policies shall be established by CONTRACTOR and shall be available for examination. Such personnel policies shall: A. Be no more liberal than CITY's personnel policies, procedures, and practices, including policies with respect to employment, salary and wage rates, working hours and holidays, fringe benefits, vacation and sick leave privileges, and travel; and B. Be in writing and shall be approved by the governing body of CONTRACTOR and by CITY. Vlll. XIV. EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS A A. Organization will submit for City approval, a written plan for compliance with I A the Equal Employment and Affirmative Action Federal provisions, within one hundred twenty (120) days of the effective date of this Agreement B. Organization shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. • C. Organization will furnish all information and reports requested by City, and will p i 1 13 j 10 { ''":'1" 32XILJ~ i o 0 Z permit access to its books, records, and acccunts for purposes of investigation to ascertain compliance with local, State and Federal rules and regulations. i D. In the event of Organization's non-compliance with the non-discrimination requirements, the Agreement may be canceled, terminated, or suspended in whole or in part, and Organization may be barred from further contracts with City. XV. WARRANTIES ORGANIZATION represents and warrants that: A. All information, reports and data heretofore or hereafter requested by City and furnished to City, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to City. B. Any supporting financial statements heretofore requested by City and furnished to City, are complete, accurate and fairly reflect the financial conditions of n Organization on the date shown on said report,ad the results of the operation for the said data there has been no material period covered by the report, and that since change, adverse or otherwise, in the financial condition of Organization. C. No litigation or legal proceedings are presently pending or threatened against Organization, D. None of the provisions herein contravenes or is in conflict with the authority under which Organization is doing business or with the provisions of any existing indenture or agreement of Organization. E. Organization has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement. F. None of the assets of Organization are subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as 0 shown in the financial statements furnished by Organization to City. I Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for paymen! t XVI. CHANGES AND AMENDMENTS phi 14 II t T, ~ ? AN 32XIO ~1111 Old s zoom= A. Any alterations, additions, or deletions to the terms of this Agreement shall be by wntten amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. B. Organization may not make transfers between or among approved line. items within budget categories set forth in Exhibit 8 without prior written approval of the Community Development Administrator for the City. Organization shall request, in writing, the budget revision in a form prescribed by City, and such request for revision shall not increase the total monetary obligation of City under this Agreement. In addition, budget revisions cannot significantly change the nature, intent, or scope of the progrr,m funded under this Agreement. I. C. Organization will submit revised budget and program information, whenever the level of funding for Organization or the program(s) described herein is altered according to the total levels contained in any portion of Exhibit B. D. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this Agreement without written amendment hereto, and shall become a part of the Agreement on the effective date specified by the law or regulation. E. City may, from time to time during the term of the Agreement, request changes in Exhibit A which may include an increase or decrease in the amount of O ;ari4ation's compensation. Such changes shall be incorporated in a written amendment hereto, as provided in Subsection A of this Section. F. Any alterations, deletions, or additions to the Contract Budget Detail incorporated in Exhibit B shall require the prior written approval of City. G. Organization agrees to notify City of any proposed change in physical location for work performed under this Agreement at least thirty (30) calendar days in advance of titre change. H. Organization shall notify City of any changes In personnel or governing board composition. 1. It is expressly understood that neither the performance of Exhibit*for any program contracted hereundcr nor the transfer of funds between or among said programs will be permitted. XVII. NOTIFICATION OF ACTION BROUGHT 0 In the event that any claim, demand, suit or other action is made or brought by p 15 r , o , any person(s), firm corporation or other entity against CONTRACTOR, CONTRACTOR shall give written notice thereof to CITY within two (2) working days after being notified of such claim, demand, suit or other action. Such notice shall state the date and hour of j notification of an;, such claim, demand, suitor other action; the names and addresses of the person(s), fi,,m, corporation or other entity making such claim, or that instituted or threatened to institute any type of action or proceeding; the basis of such claim, action or proceeding; and the name of any personas) against whom such claim ;s being made l or threatened. Such written notice shall be delivered either personally or by mail. XVII1. INDEMNIFICATION f A. It is expressly understood and agreed by both parties hereto that City Is contracting with Organization as an independent contractor and that as such, Organization she" save and hold City, Its officers, agents and employees harmless from all Nubility elf any nature or kind, !•~.luding costs and expenses for, or on account of, any claims, audit exceptions, demands, suits or damages of ! any character whatsoever resulting in whole or in part from the performance or omission of any employee, agent or representative of Organization. B. Orilanization agrees to provide the defense for, and to indemnify and hold harmless City Its agents, employees, or contractors from any and all claims, suits, causes of action, demands, damages, losses, attorney fees, expenses, and liability arising out of the use of these contracted funds and program administration and Implementation except to the extent caused by the willful act or omission of City, Its agents or employees. XIX. INSURANCE A. Organization shall observe sound business practices with respect to providing such bonding and insurance as would provide adequate coverage for services offered under this Agreement, S. The premises on and in which the activities described in Exhibit A are conducted, the employees conducting these activities, shall be covered by premise liability insurance, commonly referred to as "Ownerfrenant" coverage with City named i as an acditional insured. Upon request of Organization, City may, at its sole discretion, approve alternate insurance coverage arrangements. C. Organization wid comply with applicable workers' compensation statutes and will obtain employers' liability coverage where availaole and other appropriate liability coverage for program participants, if applicable. i 0. Organization will maintain adequate and continuous liability insurance on all p • 16 1 t ~4 144 32XIO 0 I. ' vehicles owned, leased, or operated by Organization. All employees of Organization who are required to drive a vehicle in the normal scope and course of their employment j must possess a valid Texas Driver's license and automobile liability Insurance. Evidence of the employee's current possession of a valid license and insurance must be maintained on a current basis in Organization's files. E. Actual losses are not covered by insurance as required by this Section are not allowable costs under this Agreement, and remain the sole responsibility of Organization. F. The policy or p;Acies of insurance shall contain a clause which requires that City and Organization be notified in writing of any cancellation or change in the policy at least thirty (30) days prior to such change or cancellation. XX. CONFLICT OF INTEREST A. Organization covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Organization further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. B. Organization further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his/her position for a purpose that is or gives the appearance of being motivated by desire for private j gain for himself/herself, or others; particularly those with which he/she has family, j business, or other ties. jl C. No officer, member, or employee of City and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall (1) participate in any decision relating to the Agreement which affects his personal interest or the Interest In any corporation, partnership, or association in which he has direct or indirect interest; or (2) have any interest, direct or indirect, in this Agreement or the proceeds thereof. p XXI. t NEPOTi Q` ?A Organization shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by Organization, or is a member of Organization's governing board, Tl a term "member of Immediate family" includes: wife, husband, son, daughter, mothe% father, brother, sister, in-laws, aunt, f p uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. p 17 t 34 10 9 MOM 0 r? XXII. NOTICE Any notice or other written instrument required or permitted to be delivered under the terms of this Agreement shall be decried to ha%e been delivered, whether actually received or not, when deposited in the United States mail, postage prepaid, registered or certified, return receipt requested, addressed to Organization or City, as the case may be, at the following addresses: CITY ORGANIZATION City of Denton, Texas Director f` Attn: City Manager Fred Voore Day Nursery School Inc. 215 E. McKinney 821 Crosstimbers Penton, TX 76201 Denton, Texas 76201 Either party may change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested. XXIII. MISCELLANEOUS A. Organization shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising thereunder to any party or parties, bank, trust company or other financial institution without the prior written approval of City. S. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. C. In no event shall any payment to Organization hereunder, or any other act or failure of City to Insist in any one or more instances upon the terms and conditions of this Agreement constitute or be construed in any way to be a waiver by City of any breach of covenant or default which may then or subsequently be committed by Organization. Neither shall such payment, act, or omisslon in any manner Impair or prejudice any right, power, privilege, or remedy available to City to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of City may waive the effect of this provision. 0. This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understanding, or other commitment occurring during the term of 0 to e o , this Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless property executed !n writing, and if aprropriate, r_corded as an amendment of this Agr&ement. E. In the event any disagreement or dispute should also between the parties hereto pertaining M the interpretation or meaning of any polrt of this Agreement or its governing rules, codes, laws, ordinances, or regulations, City as the party ultimately responsible to HUM for matters of compliaoca, will have the final authority to render or to secure an Interpretation. F. This Agreement shall be interpreted In accordance with the laws of the State of Texas and venue of any litlgati%~-i concerning this Agreement shall be in a court of competent jurisdiction sitting in Denton County, Texas. IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this Aareement as of the day of , 1998, CITY OF L£NTON, TEXAS ; t BY: MICHU'L W. JEZ, CITY K%MG" ATTEST: JENNIFER WALTERS, CITY SECRETARY l BY: APPROVED AS TO LEGAL FOkfv1: y HERBERT PROUTY, CITY ATTORNEY . BY..1'd~~ ° _ . I 19 '.i 4r~ 4e 32 X 4 I , I i • r i I FRED MOORE DAY NURSERY SCHOOL, INC. I BY: DIRECTOR ATTEST: I i BY: BOARD SECRETARY I i • I 1 ~ I 1 { I ,A i I 20 x 10 32 x l Q a MR { o o t w y City of Denton - Community Development Division j Qualifying Income Limits for Federally Assisted Programs FY 199899 Maximum Income Levels Family Moderate Income Low Income Very Low Income Extremely Low Income Size 80%-66%AMl 65%-SI%AMI 50%-31%AMl 30%&Below AMI 1 $30,450 - $24,751 $24,750 - $19,051 $19,050 - $11,401 $11,400 or Belo,v 2 $34,800 - $28,301 $28,300 - $21,751 $21,750. $13,051 $13,050 or Belo~v 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 $27,200 - $16,301 $16,300 or Below 5 $47,000 - $38,201 $38,200. $29,401 $29,400. $17,651 $17,650 or Be;o,w 6 $50,5DO • $41,001 $41,000 - $31,551 $31,550. $18,951 $18,950 or Beimv 7 $53,550 - $43.901 $43,900 - $33,751 $33,750 - $20,251 $20,250 or Beio,w 6 $57,450 - $46,651 $46,650 - $35,901 $35,900 - $21,551 $21,550 or Beiov Source, U.S. Deparimentof Housing and Urban Development Effective October 1, 1998 , f ` r= ' r ZI • ~ ` t F i , 1. V h - y ?r~ 10 32X A 0 3 EXHIBIT A WORK STATEMENT FRED MOORE DAY NURSERY SCHOOL The Fred Moore Day Nursery School is a non-profit child care center which provides child care on a sliding scale. Children six weeks through five years of age are eligible for the program. Ninety percent of the children are from low Income families. The parents must be working to be eligible to enroll their child The purpose of the center Is to provide a safe, healthy environment that will meet the development needs of the child. Activities are designed for each age group to meet the individual and group needs. The curriculum includes creative arts, motor skills, speech development, music as well as personal hygiene and manners. f r i The center provides breakfast, lunch, and an afternoon snack for each child. All meals meet the USDA food requirements for children in child care. 4 i • i r • • 22 ' I 1 1 :r v r t , °I y t ,b EXHIBIT "B' BUDGET FRED MOORE DAY NURSERY SCHOOL, INC. Cityof Denton Funding $37,000.00 Monthly Request (Teacher salaries) $ 3,083.33 a' : i t 27 t is 5',s t, , 5 x 10 32X ` ' S Fj • 0 Agenda Ni Agenda item Dale~ AGENDA INFORMATION SHEET AGENDA DATE: October 20, 1998 Questions cot ming this acquisition may b directed DEPARTMENT: Finance - Purchasing to Barbara Ross 349.1235 AC1I: Kathy DuBose, 349.8228 SUBJECT AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR CONGREGATE AND HOME DELIVERED MEAL PROGRAM FOR SENIOR CITIZENS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (BID N 2228 - CONGREGATE AND HOME DELIVERED MEAL PROGRAM FOR SENIOR CITIZENS AWARDED TO SERVICES PROGRAM FOR AGING NEEDS, INC. IN THE AMOUNT OF S26,000.00). BACKGROUND Tabulation Sheet f ESTIMATED5JIEDULE OF PROJECT [ This agreement shall commence upon approval and temtinate on September 30, 1999, unless the contract is sooner terminated under Section Vll "Suspension or Termination" under the contract agreement. FISCAL. INFORMATION C DBG funds have been appropriated for this program: Account 4 100.051.01561.5932 1 DID INFORMATION This bid is for pro%iding congregmt: and home delivery of meals for senior citizens This • program provides a hot noon meal at the MLK Recreation Center and the Denton Senior 0 • Center and home delivered meals for residents at Heritage Oaks. The program targets at risk, loin income, frail, and minority elderly, I 7 x 10 32X10 • . ti P , AGENDA INFORMATION SHEET OCTOBER 20, 1998 PAGE 2 OF 2 Respectfully submitted: 'y~r• I r. ~ Name: Tom Shaw, C,P.M., 349.7100 Title: Purchasing Agent Attachment 41: Tabulation Sheet 1117 AGENDA i i i , I i ,M I 4 r r C I it ~ i 4 = P P { r I. T fr. 25 0 I~. 32X 10 0 r ~ I i ATTACHMENT 91 TABULATION SHEET y , BIDS 9228 BID NAME CONGREGATE S HOME DELIVERED SPAN MEAL PROGRAM FOR SENIOR INC CITIZENS DATE 30-Jun-58 0 S DESCRIPTION VENOOR TOTAL BID PRICE $26,000.00 i 1 7 i r 1 r. , r 7 to `2XIO A o r i ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR CONGREGATE AND HOME DELIVERED MEAL PROGRAM FOR SENIOR CITIZENS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (BID # 2228 CONGREGATE AND HOME DELIVERED MEAL PROGRAM FOR SENIOR. CITIZENS AWARDED TO SERVICES PROGRAM FOR AGING NEEDS, INC. IN THE AMOUNT OF $26,000.00). WHEREAS. the City has solicited, received and tabulated competitive bids for the pu:chase of necessary materials, equipment supplies Or series 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 j 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, t THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive bids for materials, equipment, supplies, or srrviccs, described in the "Bid Proposals" on file in the office of City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM N tip 3BE VO. CONTRACTOR AMOUNT 2228 ALL SERVICES PROGRAM FOR S26,000.0e AGING NEFDS, INC, SECTION[[. That the acceptance and approval of the above competitive 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 f-r the specified sums contained in the Bid Invitations. Bid Proposals, and related O documents. 4 5 'A 312, x 0 i } f , SECTION 111. That the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, i and awarding of the bids, the City Manager or his designated representative is hereby authorix Yl to execute the written contracts which shall I:: attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums " contained in the Bid Proposal and related documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above competitive bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursupr,t to a written contrut made pursuant thereto as authorized herein. SECTION N. 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 81.: APPROVED AS TO LEGAL FORM: S HERBERT L. PROUTY, CITY ATTORNEY BY: V . 222S('O]GREG A I E HOtE DE Lit "F RED H EALC'OMRACr OR DIN AN( E • c I O' ~1A 1 2 fi k r , 32x00 0 1998.11999 SERVICE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND SERVICES PROGRAM FOR AGING NEEDS, INC. (Bid N 2228) This Agreement is hereby entered into by and between the City of Denton, Texas, " a Home Rule Munl;ipal Corporation, hereinafter referred to as "City", and Services Program for Aging Needs, Inc., a non-profit corporation, 1600 Malone. Denton, Texas 76201, hereinafter referred to as "Organization"; WHEREAS, City's Human Services Committee ("HSC") has r9viewed the proposal for services and has determined that Organization performs an important service for the i residents of Denton without regard to race, religion, color, age or national origin, and HSC recommends the purchase of services; and i WHEREAS, City has determined that the proposal for services merits assistance and can provide needed services to citizens of City and has provided funds in its budget for the purpose of paying for contractual services; NOW, THEREFORE, the parties hereto mutually agree as follows: SCOPE OF SERVICES Organization shall in a satisfactory and proper manner perform the following tasks, for which the monies provided by City may be used: A. To provide congregate and home-delivered meals to elderly citize is at the Denton Senior Center and the Eidercenter at the American Legion Hall. Organization shall perform those services described in the Work Slater i herein attached as Exhibit A. II. OBLIGATIONS OF ORGANIZATION r In consideration of the receipt of funds from City, Organization egress to the following terms and conditic-is: Jr • A. TwEnty-six Thoussnd Dollars (826,000) may be paid to Organization by City, and the only expenditures reimbursed from these funds, shall be those in accordance with the pr;)ect budget, attached hereto as Exhibit B and incorporated herein by reference, for those expenses listed in the scope of services as provided herein. 0 Organization shall riot utilize these funds for any other purpose, p 6 I {,z, 2 5 x 10 32XI❑ e 0 - I i B. It will establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a review cf the financial status of the program. C. 'twill permit authorized officials of City to review its books at anytime. D. It will redu:e to writing all of its rules, regulations, and policies and file a copy with City's Community Development Office along with ar,y amendments, additions, or revisions whenever adopted. E. It will not enter into any contracts that would encumber City funds for a period that would extend bevond the term of this Agreement. F. It will promptly pay all bills when submitted unless there is a discrepancy Irt a bill; any errors or discrepancies in bills shall be promptly reported to City's Executive II Director of Finance, or her authorized representative, for further direction, I G. It will appoint a representative who will be available to meet with City's Executive Director of Finance and other City officials when requested. H. It will indemnify and hold harmless City from any and all claims and suits arising out of the activities of Organization, its employees, andlor contractors. 1. It will submit to City copies of year-end audited financial statements. III. I TGdE OF PERFORMANCE The services funded by City shall be undertaken and completed by Organization within the following time frame: October 1, 1998 through September 30, 1999, unless the contract i3 sooner terminated under Section VII "Suspension or Termination". IV. COMPLIANCE WITH FEDERAL, STATE and LOCAL LAWS A. CONTRACTOR understands that funds provided to it pursuant to this a` • Agreement are funds which have been made available to CITY by the Federal Government (U.S. Department of Housing and Urban Development) under the Housing and Community Development Act of 1974, as amended, in accordan:e with an approved O,ant Application and specific assurances. Accurdingly, CONTRACTOR assures and certifies thr.t it will comply with the requirements of the Housing and Community Development Act of 1974 (P1. 93.383) as amended and with regulations • oromutgated thereunder, and codified at 24 UFR 570. The foregoing is in no way meart O z 7 • w r tfjj~4'0 e , I to constitute a complete compilation of all duties imposed upon CONTRACTOR by law or administrati to ruling, or to narrow the standards which CONTRACTOR must follow. CON1 RACTOR further accrues and certifies that if the regulations and Issuances promulgated pursuant to the Act are amended or revised, it shall comply with them, or notify CITY, as provided In Section XXIV of this Agreement. CONTRACTOR agrees to abide by the conditions of and comply with the requirements of the Office of W.n.61amont and Eudget Circulars Nos. A•110 and A-122. 8, CONTRACTOR shall comply with all applicable federal laws, laws of the State of Texas and ordinances of the City of Denton. V. REPRESENTATIONS A. CONTRACTOR assures cr>d guarantees that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed cv E taken, to enter into this Agreement. 8. The person or persons signing and executing this Agreement on behalf of CONTRACTOR, do hereby warrant and guafentee that he, she, or they have bcon fully I authorized oy CONTRACTOR to execute this Agreement on behalf of CONTRACTOP { and to validly and legally bind CONTRACTOR to all ternis, performances anJ provisions herein set forth. 0. CITY shall have tho right, at its option, to either temporarily susoend or permanently terminate this Agreement if there Is a dispu,e as to the legal Whority of either CONTRACTOR or the person signing the Agreef,ne it to enter into thla Agreement. CONTRACTOR Is liable to CI rY for any money it has received from CITY for performance of the provisions of this Agreement if CITY has suspended or tarminated this Agreement for the reasons enuli erated in this Section. i` D, CONTRACTOR agrees that the funds and resources provided CONTRACTOR under the terms cf this AgrF,: ricnt will in no way be substituted for funds and resources from other sources, ,or in any way serve to reduce the resources, services, or other benefits whiLh would hava been available to, or provided through j CONTRACTOP, had this Agreement not been extc:,led. !A VI. t COVENANr3 i A. Durinn the period of time trial payment may be made hereunder and so long as any payments remain unliquldated, CONTRACTOR shall not, without the prior 1~ a I 32X I O 1i _ _ - s~ - s , 0 I written consent of the Community Development Administrator or her authorized repr9se,dative' (1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets of CONTRACTOR now owned or hereafter acquired by it, or permit any pre-existing mortgages, liens, or other encumbrances to remain on, or attached to, any assets of CONTRACTOR which are allocated to the performance of this Agreement and with respect to which CITY has ownership hereunder, (2) Sell, assirm, pledge, transfer or otherwise dispose of accounts receivables, note r claims for money due or to become due. (3) Sell, convey, or lease all or substantial part of its assets. (4) Make any advance or loan to, or incur any liability for any other firm, person, entity or corporation as guarantor, surety, or ac,,ommodation endorser. (5) Sell, donate, loan or transfer any equipment or item of personal property purchased with funds paid to CONTRACTOR by CITY, unless CITY authorizes such transfer, B. Should CONTRACTOR use funds received under this Agreement to acquire or improve real property undcr CONTRACTOR's i.or.trol, CONTRACTOR agrees and covenants: (1) That the property shall be used to meet one of the national objectives stated In 24 CFR 570 until August 31, 2006. (2) That should CONTRACTOR transfer or otherwise dispose of said property on or before August 31, 2006, CONTRACTOR shall reimburse CITY in the amount of the fair market value of this property less any portlnn of the value attributable to expenditures of non-CDBt3 funds for acquisition ot, or improvement to, the property. i C. CONTRACTOR agrees, upon written request by CITY, to require its employees to attend training sessions sponsored by the Community Development Office. A VII. PAYMENTS A. Payments to Organization, City shall pay to Organization a maximum amount of money not to exceed Twenty-six Thousand Dollars ($26,000) for services rendered ' under this Agreement. City will pay these funds on a reimbursement basis to a 9 , 1 ^ 1; - ~,,rY~,ar:, ? x CJ 32X 10 g , ' o I , I Organization within twenty days after City has received supporting documentation. Organization's failure to request reimbursement on a timely basis, may jeopardize present or future funding. B. Excess Payment. Organization shall refund to City within ten (10) working days of City's request, any sum of money which has been paid by City and which City at any time thereafter determines; 1) has resulted In overpayment to Organization; or j 2) has not been spent strictly In accordance with the terms of this Agreement; or I 3) is not supported by adequate documentation to fully justify the expenditure. C. Organization's reimbursement request for any one month period will not exceed one fifth (115) of any budgeted line items for costs as specified In Exhibit B. 0. Deobligation of Funds. In the event that actual expent itures deviate from Organization's provision of a corresponding level of performance, as specified In Exhibit A. City hereby i3serves the right to reappropriate or recapture any such under expended funds. E. Contract Close Out. Organization shall submit the contract clcse out package City, together with a final expenditure report, for the time period covered by the last invoice requesting reimbursement of funds under this Agreement, within fifteen (15) working days following the clcse of the contract period. Organization shall utilize the form agreed upon by City and Organization. Vitt. MAINTENANCE OF RECORDS A. CONTRACTOR agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under this I Agreement, in compliance with the provisions of Exhibit B. attached hereto, and with any other applicable Federal and State regulatic i i establishing standards for financial management. CONTRACTOR's mcord system shall contain sufficient documentation to provide in detail full st.Ipport and ju:Urication for each expenditure. Nothing In this f Sect,)n shall be construed to relieve CONTRACTOR of fiscal acc,3untability and liability under any other provislon of this Agreement or any applicable laW.:ONTRACTOR shall include the substance of this provision in all subcontracts. B. CONTRACTOR agrees to retain all books, records, documents, reports, and written accounting procedures pertaining to the operation of programs and expenditures j of funds under this Agreement for the period of time and under the conditions specified p to i w o S I by CITY. C. Nothing in the above subsections shall be construed to relieve CONTRACTOR of responsibility for retaining accurate and current records which clearly reflect the level and benefit of services provided under this Agreement. D. At any reasonable time and as often as CITY may deem necessary, the ' CONTRACTOR shall make available to CITY, HUD, or any of ;heir authorized representatives. all of its records and shall permit CITY. HUD, or any of their authorized representatives to audit, examine, make excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions or employment and all other data requested by said representatives. IX, REPORTS AND INFORMATION At such times and in such form as CITY may require, CONTRACTOR shall furnish such statements, records, data and Informaticn as CITY may request and deem pertinent to matters covered by this Agreement. CONTRACTOR shall submit quarterly beneficiary and financial reports to CITY no less than once each three months. The beneficiary ieport shall detail client infcrmation, including race, income, female head of household and other statistics required by CITY. The financial report shall include information and data relative to all programmatic and financial reporting as of the beginning date specified in Section I or this Agreement. Unless a written exemption has been granted by the CITY, CONTRACTOR shall submit an audit conducted by independent examiners with ten (10) days after receipt of such. V. EVALUATION Organization agrees to partictoate in an implementation and maintenance system whereby the services can be continuously monitored. Organization agrees to make available its financial records for review by City at City's discretion. In addit on, Organization agrees to provide City the following data and reports, or copies thereof. A. All exte nal or internal audits. Organization shall submit a copy of the annual independent audit to City within ten (10) days of receipt, B. All externat or internal evaluation reports. • C, C. Quarterly performance/beneficiary reports to be submitted In January, April, 0 • u 1 Mase~~ 't 5 x 32 x e m" . O l July and September, to include such Information as requested by the City's Community j Development Division including but not limited to: number of persons or households assisted. race, gender, disability status and household income. D. Organization agrees to submit quarterly financial statements in January, April, July, and September. Each statement shall include current zid year-to-date period accounting of all revenues, expenditures, outstanding obligations and beginning and ending balances E, An explanation of any major changes in program services. F. To comply with this section, Organization agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of funds received and the services performed under this Agreement. Organization's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Organization agrees to retain all books, records, documents, reports, and written accounting procedures pertaining to the services provided and expenditure of funds under this Agreement for the period of time and under the conditions specified by the City. G. Nothing in the above subsections shall be construed to relleva Organization of responsibility for retaining accurate and current records which clear;y reflect the level and benefit of services provided under this Agreement. Vt. DIRECTORS' MEETINGS During the term of this Agreement, Organization shall deliver to City copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof, Such notice shall be delivered to City In a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. Organization understands and agrees that City's representatives shall be afforded access to all meetings of its Board of Directors. Minutes of all meetings of Orgarnzation's governing body shall be available to City within ten (10) working days of approval. t • XII. SUSPENSION OR TERMINATION ` A. The City may terminate this Agreement with cause if the Organization violates any covenants, agreements, or guarantees of this Agreement, the Organization 's insolvency or filing of bankruptcy, dissolution, or receivership, or the Organization's q violation of any law or regulation to which it Is bound under the terms of this Agreement. 12 ` If 32 x I❑ o , B. The City may terminate this Agreement for convenience at any time. If this 1 Agreement is terminated for convenience by the City, Organization will be paid an amount not to exceed the total amount of accrued expenditures as of the effective date of termination. In no event will this compensation exceed an amou.1t which bears the same ratio to the total compensation as the services actually performed bears to the total services of Organization covered by the Agreement, less payments previously made. In case of suspension, City shall advise Organization, in writing, as to conditions precedent to the resumption of funding and specify a reasonable date for compliance. In case of termination, Organization will remit to City any unexpended City funds. Acceptance of these funds shall not constitute a waiver of any claim City may otherwise have arising out of this Agreement. Xllr. PERSONNEL POLICIES Personnel policies shall be established by CONTRACTOR and shall be available for examination. Such personnel policies shall: A. Be no more liberal than CITY's personnel policies, procedures, and practices, including policies with respect to employment, salary and wage rates, working hours and holidays, fringe benefits, vacation and sick leave privileges, and travel; and B. Be in writing and shall be approved by the governing body of CONTRA CTOR and by CITY. I I VIII. EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS A. Organization will submit for City approval, a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, within one hundred twenty (120) days of the effective date of this Agreement. B. Organization shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. t C. Organization will furnish all information and reports requested by City, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance w ;,h local, State and r'ederal rules and regulations. D. In the event of Organization's non-compliance with the non-discrimination • requirements, the Agreement may be canceled, terminated, or suspended in whole or p • 13 ILI 10 32X ~L 0 O M ' I in part, and Organization may be barred from further contracts with City. I XV. WARRANTIES ORGANIZATION represents and warrants that: ' A. All Information, reports and data heretofore or hereafter requested by City and furnished to City, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to City. 8. Any supporting financial statements heretofore requested by City and furnished to City, are complete, accurate aao fairly reflect the financial conditions of Organization on the date shown on said report, and the results of the operation for the period covered by the report, and that since said data, there has been no material change, adverse or otherwise, in the financial condition of Organization. C. No litigation or legal proceedings are presently pending or threatened against Organization. ' D. None of the provisions herein contravenes or is in conflict with the authority under which Organization is doing business or with the provisions of any existing Indenture or agreement of Organization. j E, Organization has the power to enter into this Agreement and accept 4 payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement. F. None of the assets of Organization are subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by Organization to City. Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of eacti request for payment. XVI. CHANGES AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Agreome•: shall be by written amendment executed by both parties, except when the terms of thr; Agreement expressly provide that another method shall be used. i D. Organization may not make transfers between or among approved line. tD items within budget categories set forth in Exhibit B without prior written approval of the O • ~i 14 e 0 'vRipM1.9 i , Community Development Administrator for the City, Organization shall request, in writing, the budget revision In 2 form prescribed by City, and sucn request for revision shall not increase the total monetary obligation of City under this Agreement. In addition, budget revisions cannot significantly change the nature, intent, or scope of the i program funded under this Agreement. C. Organization will submit revised budget and program Information, v,t :never the level of funding for Organization or the program(s) described heroin is .11tered according to the total levels contained in any portion of Exhibit B. D. It is understood and agreed by the parties hereto that changes In the 4 State, Federal or local laws or regulation pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this Agreement without written amendment hereto, and shall become a part of the Agreement on the effective date specified by the law or regulatw'~. E. City may, from time to time during the term of the P 3reement, request chances in Exhibit A which may include an Increase or decrease In the amount of Organization's compensation. Such changes shall be incorporated in a written amendment hereto, as provided in Subsection A of this Section, F. Any alterations, deletions, or additions to the Contract Budget Detail incorporated in Exhibit 8 shall require the prior written approval of City, G. Organization agrees to notify City of any proposed change in physical location for work performed under this Agreement at least thirty (30) calendar days in advance of the change. H. Organization shall notify City of any changes in personnel or governing board composition. 1, It is expressly understood that neither the performance of Exhibit A for any program contracted hereunder nor the transfer of funds between or among said programs will be permitted. XVII. NOTIFICATION OF ACTION BROUGHT S In the event that any claim, demand, suit or other action is made or brought by any person(s), firm corporation or other entity against CONTRACTOR, CONTRACTOR shall give written notice thereof to CITY within two (2) working days after being notified of such claim, demand, suit or other action. Such notice shall state the date and hour of 4 notification of any such claim, demand, suit or other action; the names and addresses ' of the person(s), firm, corporation or other entity making such claim, or that instituted or threatened to institute any type of action or proceeding; the basis of such claim, action 0 t Z l5 32 x • e NOW" 0 1 HMuA I i I or proceeding; and the name of any person(s) against whom such claim is being made or threatened. Such written notice shall be delivered either personally or by mall. XVIII. INDEMNIFICATION A. It Is expressly understood and agreed by both parties hereto that , City Is contracting with Organization as an Independent contractor and that as such, Organization shall save and hold City, Its officers, agents and employees f harmless from all liability of any nature or kind, Including costs and expenses for, or on account of, any claims, audit exceptions, demands, suits or damages of any character whatsoever resulting in whole or in part from the performance or omission of any employee, agent or representative of Organization. B. Organization agrees to provide the cl4ense for, and to Indemnify and hold harmless City Its agents, employees, or contractors from any and all claims, suits, causes of action, demands, damages, losses, attorney fees, expenses, and liability arising out of the use of these contracted funds and program administration ard implementation except to the extent caused by the willful act or omission of City, its agents or employees. XIX. INSURANCE A. Organization shall observe sound business practices with respect to providing such bonding and Insurance as would provide adequate coverage for services offered under this Agreement. B. The premises on and in which the activities described in Exhibit A are conducted, the employees conducting these activities, shall be covered by premise liability insurance, commonly referred to as "Owner/Tenant" coverage with City named ff as an additional Insured. Upon request of Organization, City may, at its sole discretion, I approve alternate Insurance coverage arrangements. II \ C, Organization will comply with applicable workers' compensation statutes and 1 will obtain employers' liability coverage where available and other appropriate liability ' J coverage for program participants, if applicable, •i f , 0. Organization will maintain adequate and continuous liability Insurance on all vehicles owned, leased, or operated by Organization. All employees of Organization i who are required to drive a vehicle In the normal scope and course of their employment must possess a valid Texas Driver's license and automobile liability Insurance. Evidence of the employee's current possession of a valid license and Insurance must be maintained on a current basis in Organization's files. 0 ~ 0 • 16 k -y ..:ry 7r~~~ 32 a 0 n.M r E. Actual losses are not covered by Insurance as required by this Section are not allowable costs under this Agreement, and remain the so!9 responsib:!ity of Organization. F. The policy or policies of Insurance shall contain a clause which requires that I City and Organization be notified In writing of any cancellation or change in the policy at least thirty (30) days prior to such change or cancellation. XX. CONFLICT OF INTEREST A. Organization covenants that neither it nor any member of its governing body presently has any interest, direct or Indirect, whhn would ,onfllct In any manner or degree with the performance of services required to be performed under this Agreement. Organization further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. B. Organization further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest In or use his/her position for a purpose that is or gives the appearance of being motivated by desire for private gain for himselftherself, or others; particularly those with which he/she has family, business, or other ties. C. No officer, member, or employee of City and no member of its governing body who exercises any function or responsibilities in the review or approval of thu undertak!,ig or carrying out of this Agreement shall (t) participate In any decision relating to the Agreement which affects his personal interest or the Interest in any corporation, partnership, or association In which he has direct or Indirect Interest; or (2) have any Interest, direct or Indira, . In this Agreement or the proceeds thereof. XXL NEPOTISM Organization shall not em' Oloy In any paid capacity any person who is a member of the immediate family of any person who is currently employed by Organization, or Is a member of Organization's governing board. The term "member of Immediate family" Includes; wife, husband, son, daughter, mother, father, brother, sister, in-laws, cunt, uncle, nephew, niece, step-parent, step-child, half•brothsr and half-sister. XXII. NOTICE Any notice or other written instrument required or permilad to be delivered under p i jV 17 1 i~ I 25 i _...~.a.~. r•." 0 O the terms of this Agreement shall be deemed to have been delivered, whether actually received or not, when deposited in the United States mail, postage prepaid, registered or certified, return receipt requested, addressed to Organization or City, as the case may be, at the following addresses: CITY ORGANIZATION City of Denton, Texas Director Attn: City Manager Servlcep Program for Aging Needs, Inc. 215 E. McKinney 1800 Malone Denton, TX 16201 Denton, Texas 16201 Either party may change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested. XXIII. MISCELLANEOUS A. Organization shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising thereunder to any party or parties, bank, trust company or other financial Institution without the prior written approval of City. B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. 1 ~ I C, In no event shall any payment to Organization hereunder, or any other act or failure of City to insist in any one or more Instances upon the terms and conditions of this Agreement constitute or be construed In any way to be a waiver by City of any breach of covenant or default which may then or subsequently be committed by Organization. Neither shall such payment, act, or omission In any manner impair or prejudice any right, power, privilege, or remedy available to City to enforce its rights hereunder, which rights, powers, privileges, or remedies sre always specifically preserved. No representative or agent of City may waive the effect of this provislorv, D. This Agreement, together with referenced exhibits and attachments, I constitutes the entire agreement between the parties hereto, and any prior agreement, assertion. statement, understanding, or other commitment occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement. • le I i 32 X) ❑ s ilium" E. In the event any disagreement or dispute should arise between the parties hereto pertalning to the Interpretation or meaning of any part of this Agreement or its governing rules, codes, laws, ordinances, or regulations, City as the party ultimately responsible to HUD for matters of compliance, will have the final authority to render or to secure an Interpretation. F. This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any litigation concerning this Agreement shall be In a court of competent jurisdiction sitting in Denton County, Texas. IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this Agreement as of the day of , 1998. CITY OF DENTON, TEXAS 8Y: MICHAEL W. JEZ, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _ APPROVED AS TO LEGAL FORM: HERBERT PROUTY, CITY ATTORNEY 1-41 B Y 3 't SERVICES PROGRAM FOR AGiN0 NEEDS, INC. BY: 19 t, itY DIRECTOR ATTEST: r BY: _ BOARD SECRETARY I ~ .i 20 k 0 Yr r E ?5 x ,32 x 1 ❑ - - - - i 1 1 r ' ! City of Denton - Community Development Division Qualifying Income Limits for Federally Assisted Programs b'Y 1998.99 Maximum Income Levels I Family Moderate Income low Income Very Low Income Extremely Low Size 80%-66%AMI 65%-51%AMI 50%-31%AMI Income 30% 3 Below AMI i 1 $30,450 - $24,751 $24,750 - $19,051 $19,050.$11,401 $11,401; .r Below 2 $34,800.$28.301 $28,300 - $21,751 $21,750 - $13,051 $13,050 o- 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 $27,200 - $16,301 $16,300 or Below k 5 $47,000 - $36,201 $31200 - $29,401 $29,400 - $17,651 $11,650 or Below 6 $50,500 - $41,001 $41,000 - $31,551 331,550 - $18,951 518,950 or Below I 7 $53,950 - $43,901 $43,900 - $33,751 $33,750 • $20,251 $20,250 or Below 8 $57,450. $46,651 $46,650 - $35,901 $35,900 • $21,551 $21,550 or Below I i Source: U.S Department of Housing and Urban Development Effective October 1, 1298 1 4 • 9 , C V41 • I = q1 f Y'r ! '(r ~ tit ~~~t ~ , ' . • , ~~~4~ 2 5 x 10 . 32x e 1 1 1• I /1lpflgb ,v ~ , ' ~ ~+rr lrn~~nAa ) ~....~t~..........rt.,I.ww w. w.. ~ . EXHIBIT W I , WORK STATEMENT SPAN I, SPAN will provide congregate and home-delivered meals to elderly citizens at the Denton Senior center, American Legion Hall, and Heritage Oaks Commlcnity Center. ! sr, yi "L j, , y I l f I { 1 . Y L I 27 I 't ) 6 a, r p)p.l ~1 YID. ) )1•b ~~C~.~~S~~'~'ia•3 X~Wl, r432X,. ' 1 t i EXHIBIT'B' BUDGET SPAN $26,000.00 City of Denton funding Monthly request for meals 7,166.68 , i 1 IR t,.k 2' t 'r 72 X LJ 0 AgOde No Agenda Ilem-_ AGENDA INFORMATION SHEET Dale~~a..- o AGLNDA DATE: October 20, 1998 Questions concerning this acquisition may be directed , DEPARTMENT: Finance - Purchasing to Barbara Ross 349- 7235 ACM; Kafty DuBose, 349-8228 SUBJECT AN ORDrNANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR SE? F SUFFICIENCY PROGRAM, PROVIDING FOR THE EXPf NDITUR£ OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE (BID # 2230 -SELF SUFFICIENCY PROGRAM AWARDED TO HOPE, INC. IN THE AMOUNT OF $30,CW.00). BACKGROUND Lbulation Sheet ESTIMATED SCIIFDUI F OF PROJECT i [his agreement shall rommcnee upon approval and terminate on September 30, 1999, unless sooner terminated in accordance with Section XXVI "Termination" under the contract agreement. FISCAL INFORMA T ION ` CDBG funds ha% a been appropriated for this program: i Account;r 219.05H•CMIR-8502 BID INFORNIATION T 1 . This bid is for providing services to homeless and potentially homeless in Denton why can help themselve.;, and desire to do so, loward establishing and maintaining self. reliance and toward hecoming reintegralcd as productive members of the community. Services include providing crisis management, verification and assistance with application !o the Housing Authority for hr :teless or involuntary displaced r,vtsons. coordinate scrviccs for the entire family, and assist in budget planning, goal setting and • job search. O I ~ 32XIO 1 ~ *M 0 I Y .*ARWh C r •~v..~fi 4~Y~1. ~ r .~.i.u ~~~~H~M.. enr~Niw.. n... ter... ' AGENDA INFORMATION SHEET OCTOBER 20, 1995 PAGE 2 OF 4 Respectfully submitted; Name: Tom Shaw, C.P,M., 349.7100 - Title! Purchasing Agent r. , Attachment #1: Tabulation Shcet I I II AGENDA S + i + i w 41 1 4 f., ?y k r~ , 2 i~,~MY5'x l u 32 x s 1 e s ,vow" . a..::.l.p.. .wJi,.. ......l.n N'n .~....na rsnx ..,..n~r.a~ _ ATTACHMENT 01 TABULATION SHEET i T BID A 2230 BID NAME. SELF SUFFICIENCY PROGRAM HOPE INC. GATE 304un•08 0 DESCRW-IQN VENDOR TOTAL BID PR1CE 530,000 r , E y+ i~ f d T 3 f 1+Sy~if41h „ , 25 K' ~7G x s. • Tama" ORDINANCE NO. r AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR SELF SUFFICIENCY PROGRAM, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (BID k 2230 - SELF SUFFICIENCY PROGRAM AWARDED TO HOPE, INC. IN THE AMOUNT OF S30,000.00). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance w ith the procedures of STATE law and City ordinances; and WHEREAS. the City Manager or a designated employee has reviewed and recom,nended that the herein described bids are the lowest respo❑aible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and W`IIEREAS, the C iry Council has pro%idcd 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 C11Y OF DENTON HEREBY ORDAINS: i SECTION i, That the following competitive bids for materials, equipment, supplies, or services, described in the "Bid Proposals" on file in the oiTice of City's Purchasing Agent riled according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO• CONTRACTOR kMOUNT 2230 ALL HOPE, INC. $30,000.00 $ECTION 11, That the acceptance and approval of the above competitive bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or senices in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related 1i • documents. ; SECTION III. That the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to , execute the written contracts which shall be attached hereto: provided that the written contract is in • accordance with the terms, conditions, specifications standards, quantities and specified sums O • JV contained in the Bid Proposal and related documents herein approved and accepted. 4 ~ 25 K1a 32XIO 0 j L j mug*" SECTION IV. That by the acceptance and approval of the above competitive 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. j PASSED AND APPROVED this the day of ,1996 L JACK MILLER, MAYOR . f ATTEST: I JENNIFER WALTERS, CrrY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY i i 2230110PE INC. JNTIM1,0ROINANCE i f h ti WSW la , O 2' wwwt 1998 -1999 CDBG SERVICE AGREEMENT BETWEEN THE CITY OF DENTON AND HOPE, INC. (Bid # 2230) This Agreement is made and entered into by and between the City of Denton, a Texas municipal corporation, acting by and through its City Manager, pursuant to ordinance, hereinafter referred to as CITY, and HOPE Inc., P.O. Box 50946, Denton, Texas 76206, a Texas non-profit corporation, hereinafter referred to as CONTRACTOR NN'REREAS, CITY has received certain funds from the U.S. Department of Housing and Urban Development tinder Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, CITY has adopted a budget for such funds and included therein an authorized budget for expenditure of funds for assistance to homeless and potentially homeless families; and `WHEREAS, CITY has designated the Community Development Office as the division responsible for the administration of this Agreement and all matters pertaining thereto; and NVIIEREAS, CITY wishes to engage CONTRACTOR to carry out such project; NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound to the mutual obligations and to the performance and accomplishment of the conditions hereinafter described. 1. 4 TERAI E i This Agreement shall commence on or as of October 1, 1998, and shall terminate on September 30, 1999, unless sooner terminated in accordance %viih Section XXVI "Tcr-otnation". IL RESPONSIBILITIES CONTRACTOR hereby accepts the responsibility for the performance of all services and j activities described in the Work Statement attached hereto as Exhibit A, in a satisractery and efficient manner as dricrmined by CITY, in accordance with the terms herein. CI'l Y will consider CONTRAC','OR'S executive officer to be CONTRACTOR's representame responsible for the management of all contractual matters pertaining hereto, unless written notification to the • contran, is received from CONTRACTOR, and approved by CITY. E[( 0 . The CITY's Community Development Administrator will be CITY's representative responsible for the administration of this Agreement. I r i , h In 32XIO o IIh CITY'S OBLIGATION A. Limit of Liabillm CITY will reimburse CONTRACTOR for expenses incurred " pr.suant in accordance with the project budget included as a part of Exhibit B. Notwithstanding any other provision of the Agreement, the total of all payments and other obligations made or incurred by CITY hereunder shall not exceed the stun of $30,000. B. Measure of Liability. In consideration of full and satisfactory services and activities hereunder by CONTRACTOR, CITY shall make payments to CONTRACTOR based on the Budget attached hereto and incorporated herein for all purposes as Exhibit B, subject to the limitations and provisions set forth in this Section and Section VII of this Agreement. (1) The parties expressly understand ana agree that CITY's obligations under t0s Section are contingent upon the actual receipt of adequate Community Development Block Grant (CDBG) funds to meet CITY's liabilities under this Agreement. If adequate funds are not available to make payments under this Agreement, CITY shall notify CONTRACTOR in writing within a reasonable time after such fact has been determined. CITY may, at its option, either reduce the amount of its liability, as specified in Subsection A of this Section or terminate the Agreement. If CDBG Ponds eligible for use for purposes of this Agreement are reduced, CITY shall not be liable for further payments due to CONTRACTOR under this Agreement. (2) It is expressly understood that this Agreement in no way obligates the General Fund or any other monies or credits of the City of Denton. (3) CITY shall not be liable for any cost or portion thereof which: (a) has been paid, reimbursed or is subject to payment or reimbursement. from any other sourer, (b) was incurred prior to the beginning date, or after the ending date specified in Section I; (c ) is not in strict accordance with the terms of this Agreement, including ' all exhibits attached hereto; ~ II (d) has not been billed to CITY within ninety (90) calendar days following billing to CONTRACTOR, or termination of the Agreement, whichever i 41 date is earlier; or (e) is not an allowable cost as defined by Section XI of this Agreement or • the project budget. , 1 r «r: 10 X111 0 I (4) CITY shall not be liable for any cost or portion thereofwhich is incurred with respect to any activity of CONTRACTOR requiring prior written authorization form CITY, or after CITY has requested that CONTRACTOR furnish data concerning such ! action prior to proceediig further, unless and until CITY advises CONTRACTOR to proceed. (5) CITY shall not be obligated or liable unocr this Agreement to any party other than CONTRACTOR for payment of any monies or pro: ision of any goods or services. IV. COMPLIANCE WITH FEDERAL, STATE and LOCAL LAWS A, CONTRACTOR understands that funds prov,ded to it pursuant to this Agreement are funds which have been made available to CITY by tha 7ederal Government (U.S. Department of Housing and Urban Development) under the Housing and Community Development Act of 1974, as amended, in accordance with an approved Grant Application and specific assurances. Accordingly, CONTRACTOR assures and certifies that it will comply with the requirements of the Housing and Community Development Act of 1974 (p,L. 93.393) as amended and with regulations promulgated thereunder, and codified at 24 CFR 570. The foregoing is in no way meant to constitute a complete compilation of all duties imposed upon CONTRACTOR by law or administrative ruling, or to narrow the standards which CONTRACTOR must follow. CONTRACTOR further accrues and certifies that if the regulations and issuances promul ;aced pursuant to the Act are amended or revised, it shall comply with them, or notify CITY, as provided in Section kXl%' of this Agreement. CONTRACTOR agrees to abide by the conditions of and comply with the requirements of the Office of Management and Budget Circulars Nos, A-110 and A-122. i3. CONTRACTOR shall comply with ail applicable federal laws, laws of the State of Texas and ordii.utces of the C'ty if Denton, V. REPRESENTATIONS A, CONTRACTOR assures and guarantees that it possesses the legal authority, pursuyant • to any proper, appropriate and official motion, resolution cr action passed or taken, to enter fnto this Agreement. B. The person ur persons signing and executing this Agreement on behalf of CONTRACTOR, do hereby warrant and guarantee that he, she, or they have been fully authorized by CONTRACTOR to execute this Agreement on behalf of CONTRACTOR and to validly and legally bind CONTRACTOR to all terms, performances and provisions herein set 0 ' ~•a forth. DA 32x10 Ivy s aaana C. CITY shall have the right, at its option, to either temporarily suspend or permanently terminate this Agreement if there is n dispute as to the legal authority of either CONTRACTOR or the person signing the Agreement to enter into this Agreement. CONTRACTOR is liable to CITY for any money it has received frem CITY for performance of the provisions of this Agreemen'. if CITY has suspended or terminated this Agreement :or the reasons enumerated in this Section. D. CONTRACTOR agrees that the funds and resources provided CONTRACTOR under the terms of this Agreement will in no way be substituted for finds and resources from other sources, nor in any way serve to reduce the resources, sew: ices, or other benefits which would i have been available to, or provided through, (70P'TkACTOR had this Agreement not been executed. V1, PERFOMIANCE BY CONTRACTOR { CONTRACTOR will provide, o, trice, administer, and carry out all of the activities and services set out in the WORK STATEMENT, attached hereto and incorporated herein for all purposes as Exhibit A, utilizing the fw+ds described in Exhibit B. attached hereto end incorporated herein for all purposes and deemed by both parties to be necessary and sufficient payment for full and satisfactory performance of the program, as determined solely by CITY and in accordance with all other terms, provisions and requirements of this Agreement. No mudificatiuns ur alterations may be made in the Work Statement without the prior written approval of the City's Community Development Administrator. 1'16 PAYMENTS TO CONTRACTOR A. Payments to Contractor. The CITY shall pay to the CONTRACTOR a maximum amount of money totaling S30,000 for services rendered under this Agreement, CITY will pay these funds on a reirr.bursemeat basis to the CONTRACTOR within twen'y days after CITY has received suupporting documentation. CONTRACTOR's failure to request reimbursement on a timely basis may Jeopardize present or future funding. Funds are to be used fur the sole purpose of providing assistance to homeless and " potentially homeless families. f B. Excess Payment. CONTRACTOR shall refund to CITY within ten (10) working days t of CITY 's request, any sum of money which has been paid by CITY and which CITY at atiy I time thereallcr detcrmincs: i i (t) has resulted in overpayment to CONTRACTOR; or • (2) has not been spent strictly in accordance with the terms of this Agreement; ar Q ` (3) is not supported by adequate documentation to fully justify the expenditure. 9 Ilk, A 10 B,. }C r, 1 I C. Disallowed Costs. Upon terminated of this Agreement, should any expense or change for which payment has been made be subsequently disallowed or disapproved as a result of any auditing or monitoring by CITY, the Department of Y. ,using and Urban Development, or any other Federal agene;, CONTRACTOR will refund such amount to CITY within ten (10) working days of a aritt.n notice to CONTRACTOR, which specifies the amount disallowed. Refunds of disallowed costs may not be made from these or any funds received from or through CITY. D. Deobligatioo of Funds, In the event that actual expenditure rates deviate from CONTRACTOR's provision or a corresponding level of performance, as specified in Exhibit A, CITY hereby reserves the right to reappropriate or recapture any such underexpendcd funds. E. Contract Close Out. CONTRACTOR shall submit the Agreement close out package to CITY, together with a final expenditure report, for the time period covered by the last invoice requesting reimbursement of funds under this Agreement, within fifteen (15) working days following the close of the Agreement period, CONTRACTOR shall utilize the form agreed upon by CITY and CONTRACTOR. i vur. WARRANTIES CONTRACTOR represents and warrants that: A. All information, reports anJ data heretofore or hereafter requested by CITY and furnished to CITY, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without -.rittcn notice to CITY, B. Any supporting financial statements heretofore requested by CITY and furnished to CIT Y, are complete, accurao and fairly reflect the financial condition of CONTRACTOR on the date shown on said report, and the results of the operation for the period covered by the report, and that since said date, there has been no material change, adverse or otherwise, in tl.c rnancial condition of CONTRACTOR. C. No litigation or legal proceedings are presently pending or threatened against 1 ' CONTRACTOR, D. None of the provisions herein contravenes or is in conflict with the authority under a hick CONTRACTOR is doing business or with the provisions of an j existing indenture or agreement of CONTRACTOR. E. CONTRACTOR has the power to enter into this Agreement and accept payments • hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement. to , 0 t I F, None of the assets of CONTRACTOR is subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown is the financial statements furnished by CONTRACTOR to CITY. i Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment. IX. COVENANTS A. During the period of time that payment may be made hereunder and so long as any payments remain unliquidated, CONTRACTOR shall not, without the pnur written consent of the Community Development Administrator or her authorized representative: (1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets of CONTRACTOR now owned or hereafter acquired by it, or permit any pre- existing mortgages, liens, or other encumbrances to remain on, or attached to, any assets of CONTRACTOR which are allocated to the performance of this Agreement and with respect to which CITY has ownership hereunder. (2) Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes or clai ns for money due or to become due. (3) Sell, convey, or ]case all or substantial part of its assets. (4) Make Eny advance or loan to, or incur any liability for any other firm, person. entity or corporati-n as guarantor, surety, or accommodation endorser. (S) Sell, donate, loan or transfer any equipment or item of personal property purchased with funds paid to CONTRACTOR by CITY, unless CITY authorizes such transfer. B. Should CONTRACTOR use funds received under this Agreement to acquire or improve real properly under CONTRACTOR's control, CONTRACTOR agrees and covenants: * (1) That the property shall be used to meet one of the national objectives state) in • 24 CPR 510 until August 31, 2006. (2) That should CONTRACTOR transfer or otherwise dispose of said property on or before August 31, 2016, CONTRACTOR shall reimburse CITY in the amount of the j Ur market value of this property less any portion of the value attributable to expenditures of nomCDBO funds for acquis;tion of, or improvement to, the property, • C. CONTRACTOR agrees, upon wntten request by CITY, to require its employees to attend training sessions sponsored by the Community Development Office. 1 t t 0 0 i X. E ALLOWABLE COSTS A. Costs shall be considered allowable only if incurred directly rpecifrcally in the peribrmance of and in compliance with this Agreement and in conformance with the standards and provisions of Exhibits A and B. B. Approval of CONTRACTOR's budget, Exhibit B. does not constitute prior written approval, even though certain items may appear herein. CITY'- prior written authorization is required in order for the following to be considered allowable costs: (1) Encumbrances or expenditures during any one month period which exceeds one-fi(lh (115) of the total budget as specified in Exhibit 8. (2) CITY shall not be obligated to any third parties, including any subcontractors of CONTRACTOR, and CITY funds shall not be used to pay for any contract service extending beyond the expiration of this Agreement. (3) Out of town travel, (4) Any alterations or relocr.tion of the facilities on and in which the activities specified in Exhibit A are conducted. (S) Any alterations, d0etions or additions to the Personnel Schedule incorporated in Exhibit B. (6) Costs or fees for temporary employees or services. (7) Any Ices or payments for consultant scn ices. (B) Fees for attending out of town meetings, seminars or conferences. Written requests for prior approval arc CONTRACTOR's responsibility and shall be made %%ithin sufficient time to permit a thorough review by CITY. CONTRACTOR must obtain written approval by CITY prior to the commencement of procedures to solicit or purchase services, equipment, or real cr personal property. Any procurement or purchase which may be approved under the terms of this Agreement must be conducted in its entirety in accord an e'efwith the pru%Wom of this Agreement. j X1. PROGRAM INCOME A, For purposes of this Agreement, program income means earnings of CONTRACTOR 0 . realized from activities resulting from this Agreement or from CONTRACTOR's management of funding provided or received hereunder. Such earnings include, but are not limited to. income from interest, usage or rental or lease fees. income produced from contract-supported services of t: - ---z ? x f f ~1 32X r. NMI i e I NOW 0 mom" i individuals or employees or from the use or sale of equipment or facilities of CONTRACTOR provided as a result of this Agreement, and payments from clients or third parties for services rendered by CONTRACTOR under this Agreement f B. CONTRACTOR shall,naintain records of the receipt and disposition of program income in the same manner as regLired for other contract funds, and reported to CITY in the format prey ribed by CITY. CITY and CONTRACTOR agree, based upon advice received from representatives of the U.S. Department of Housing and Urban Development (HUD), that any fees collected for services performed by CONTRACTOR shall be spent only for service provision. These fees or other program income will be deducted from the regular reimbursement request C, CONTRACTOR shall include this Section in its entirety in all of its subcontracts which involve other income-producing services or activities. D, It is CON'TRACTOR'S responsibility to obtain from CITY a prior determination as to whether or not income ar'; ins directly or indirectly from this Agreement, or the performance thereof, constitutes prograa income. CONTRACTOR is responsible to CITY for the repayment J of any and all amounts determined by CITY to be program income, unless otherwise approved in 1 writing by CITY. XII. MAINTENANCE OF RECORDS A, CONTRACTOR agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under this Agreement, in compliance with the prnvisions of Exhibit S, attached hereto, and with any other applicable Federal and State regulations establishing standards for financial management. CONTRACTOR's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Nothing in this Section shall be construed to relieve CONTRACTOR of fiscal accountability and liability tinder any other provision of this Agreement or any applicable law, CONTRACTOR shall include the substance of this provision in all subcontracts. S. CONTRACTOR agrees to retain all books, records, documents, reports, and written accounting procedures pertaining to the operation of program! and expenditures of funds under this Agrcerncnt for the period of time and under the conditions specified by CITY. C. Nothing in the above subsections shall be construed to relieve CONTRACTOR-dl responsibility for retaining accurate and current records which clearly reflect the level and benefit of services provided under this Agrcerncnt D. At any reasonable time and as often as CITY may deem necessary, the CONTRACTOR shall make available to CITY, 1-11.10, or any of their authorized represeni all of its records and shall permit CITY, HUD, or any of their authorized representatives to audit, C . • examine, make excerpts and copies of such records, and to conduct audits of all it •ntracts, L, invoices, materials, payrolls, records of personri conditions or employment and all other data 1 rcq,tested by said representatives, 17 25 IEl 32xio ~t,; ®r A 0 , l u X111. REPORTS AND INFORMATION At such times and in such form as CITY may require, CONTRACTOR shall furnish such statements, records, data and information as CITY may request and deem pertinent to matters covered by this Agreement. CONTRACTOR shall submit quarterly beneficiary and financial reports to CITY no less than once each three months. The beneficiary report shall detail client information, including race, income, female head of household and other statistics required by CITY. The financial report shall include information and data relative to all programmatic and financial reporting as of the begicuting date specified in Section I of this Agreement. Unless a written exemption has been granted by the CITY, CONTRACTOR shall submit an audit conducted by independent examiners with ten (10) days after receipt of such. X1V, MONITORING AND EVALUATION A. CITY shall perform on-site monitoring of CONiRACTOR's performances under this Agreement. f B. CONTRACTOR agrees that CITY may carry out monitoring and evaluation activities to ensure adherence by CONTRACTOR to the Work Statement, and Program Goals and Objectives, which are attached hereto as Exhibit A, as well as other provisions of this Agreement. C. CONTRACTOR agrees to cooperate fully with CITY in the development, implementation and maintenance of record keeping systems and to provide dara determined by k CITY to be necessary for CITY to effectively fulfill its monitoring and evaluation responsibilities. D. CONTRACTOR agrees to cooperate in such a way so as not to obstruct or delay CITI' in such monitoring and to designate one of its staff to coordinate the monitoring process as requested by CITY staff. 4 E. After each official monitoring visit, CITY shall provide CONTRACTOR with a t v ;itten report ofmonitoring findings. F, CONTRACTOR shall submit copies of any fiscal, management, or audit reports by any of CON7RACTOR's funding or regulatory bodies to CITY -,within five (S) working days of receipt by CONTRACTOR. 14 25 K 10 . 32 x~~ ~.msor , u . i Xv, 1 DIRECTORS' MEETINGS During the terms of this Agreement, CONTRACTOR shall cause to b: delivered to CITY copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to CITY in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. CONTRACTOR understands and agrees that CITY representatives shall be afforded access to all of the Board of Directors' meetings. Minutes of all meetings of CONTRACTOR's governing body shall be available to CITY within ten (10) working days of approval XVI. INSURANCE `h A. CONTRACTOR shall observe sound business practices with respect to providing such bonding and insurance as would provide adequate coverage for services offered under this Agreement. B. The premises on and in which the ac ties described in Exhibit A are conducted, and the employees conducting these activities, shall be covered by premise liability insurance, commonly referred to as "Owner/Tenant" coverage with CITY named as an additional insured. Upon request of CONTRACTOR, CITY may, at its sole discretion, approve alternate insurance coverage arrangements. C. CONTRACTOR will comply with applicable workers' compensation statues and will obtain employers'liability coverage where available and other appropriate liability coverage for program participants, if applicable. D. CONTRACTOR will maintain adequate and continuous liability insurance on all vehicles owned, leased or operated by CONTRACTOR. All employees of CONTRACTOR who are required to Irive a vehicle in the normal scope and course of their employment must possess a valid Texas driver's license and automobile liability insurance. Evidence of the employee's current possession of a valid license and insurance must be maintained on a current basis in " CONTRACTOR's rites. E. Actual losses not covered by insurance as required by this Section are not allowable r costs under this Agreement, and rcmaiu the sole responsibility of CONTRACTOR. f F. The policy or policies of insurance shall cor.tain a clause which requires that City and Contractor be notified in writing of any cancellation of change in the policy at least thirty (30) days prior to such change or cancellation. 25 K 0 32xIO 0 MONA I XV1 L EQUAL OPPORTUNITY A. CONTRACTOR shall submit for CITY's approval, a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, within thirty (30) days of the effective date of this Agreement. 8. CONTRACTOR shall comply with all applicable %Iual employment opportunity and affirmative action laws or regulations. C, CONTRACTOR will fumish all information and rep: r'c -quested by the CITY, and will permit access to its books, records, and accoucte for purposes r,f investigation to ascertain compliance with local, state and Federal rules and regulations. D. In the event of CONTRACTOR's non-compliance with the non-discrimination requirements, CITY may cancel or terminate the Agreement in whole or in part, and CONTRACTOR may be barred from further contracts with CITY. XVII1, PERSONNEL POLICIES Petsonnel policies shall be established by CONTRACTOR and shall be available for examination. Such personnel policies shall: A. Be no more liberal than CITY's personnel policies, proced tres, and practices, including policies with respect to employment, salary and wage rates, working hours and holidays, fringe benefits, vacation and sick leave privileges, and travel; and I3, Be in writing and shall be approved by the governing body of CONTRACTOR and by CITY. XIX, CONFLICT OF INTEREST A CONTRACTOR covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree uh the performance of services required to be performed under this Agreement. CONTRACT further covenants that in the performance of this Agreement, no person having such interest shall be cntploycd or appointed as a member of its governing body. B. CONTRACTOR further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any intetest in or use his position for a purpose that is or gives inc appearance of being mulivated by desire rot private gain for himself, or others, O particularly those with which he has Family, business, or other tics, C. No officer, member, or employee of CII Y and no member of its goveming body who tr 32 x Pj M1RMlr 0 i exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall (l) panic ipate in any decision relating to the Agreement which affects is personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interest; or (2) have any interest, direct or indirect, in this Agreement or the proceeds thereof. X.C. NEPOTISM I CONTRACTOR shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by CONTRACTOR, or is a member of CONTRACTOR's governing board. The term "member of immediate family" includes: wife, hisband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, slep•parent, stepchild, half-brother and half-sister, . h XXI. POLITICAL OR SECTARIAN ACTIVITY A. None of the performance rendered hereunder shall involve, and no portion of the funds received by CONTRACTOR hereunder shall be used, either directly or indirectly, fcr any political activity (including, but not limited to, an activity to further the election or defeat of any candidate for public office) or any activity undertaken to influence the passage, defeat or final content of legislation. I B. None of the performance rendered hereunder sh ,l involve, and no portion of the funds received by CONTRACTOR hereunder shall be used for or applied directly or indirectly to the construction, operation, maintenance or administration, of be utilized so as to benefit in any manner any sectarian or religious facility or activity. XXI1. PUBLICITY A, ~1'hcre such action is appropriate, CONTRACTOR shall publicize the activities conducted by CONTRACTOR under this Agreement. In any news release, sign, brochure, or other advertising medium, disseminating information prepared or distributed by or for CONTRACTOR, mention shall be made of the U.S. Department of Housing and Urban . Development's Community Development Block Grant Program funding through the City of Denton having made the project possibly B. All published material and written reports submitted under this project must be originally developed material unless otherwise speciCcally provided in this Agreement. %A"hen material not originally developed is included in a report, the report shall identify the source in the body of the report or by footnote. This provision is applicable when the material is in a verbatim tD , or extensive paraphrase format. J~4 All published material submitted under this project shall include the following reference on the front cover or title page: 1 i 17 I e abaft= o Cft*M This document is prepared in accordance with the City of Denton's Community Development Block Grant Program, with funding received from the United States Department of Housing and Urban Development. C. All reports, documents, studies, charts, schedules, or other appended documentation to any proposal, content of basic proposal, or contracts and any responses, inquiries, correspondence and related material submitted by CONTRACTOR shall become the property of CITY upon receipt. XXIII. FUNDING APPLICATIONS CONTRACTOR agrees to notify CITY each time CON MAC TOR is preparing or submitting any application for funding in accordance with the following procedures: A. When the application is in the planning stages, CONTRACTOR shall submit to CITY a description of the funds being applied for, and the proposed use of funds. B. Upon award of or notice of award, whichever is sooner, CONTRACTOR shall notify CITY of such award and the effect, if any, of such funding on the funds and program(s) contracted hereunder. Such notice shall be submitted to CITY, in writing, within ten (10) working days of receipt of the notice of award or funding award by CONTRACTOR, together with copies of the budget, progratn description, and Agreement C. CONTRACTOR shall not use funds provided hereunder, whether directly or indirectly, as a contribution, or to prepare applications to obtain any federal or private funds under any federal or private program without the prior written consent of CITY. XXIV. CHANGES AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Agreement shall be by w ritten amendment executed by both parties, c,rcept when the terms of this Agreement expressly provide that anrther method shall be used. B. CONTRACTOR may not make transfers between or among approved line-iteme'f within budget categories set forth in Exhibit B without prior written approval of CITY. CONTRACTOR shall request, in writing, the budget revision in a form prescribed by CITY, and such request for revision shall not increase the total monetary obligation of CITY under this Agreement, In addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded under this Agreement. C. CONTRACTOR will submit revised budget and program information, whenever the 0 level of funding for CONTRACTOR or the program(s) described herein is tltered according to the total levels contained in any portion of Exhibit B. 32Xla d 0 I MOW" . I D. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this Agreement without written amendment hereto, and shall become a part of the Agreement on the effective date specified by " the law or regulation. E. CITY may, from time to time during the term of the Agreement, request changes in Exhibit A which may include an increase or decreased in the amount of CONTRACTOR's compensation. Such changes shall be incorporated in a written amendment hereto, as provided in Subsection A of this Section, i F. Any alterations, deletion, or additions to the Contract Budget Detail incorporated in Exhibit B shall require the prior written approval of CITY. G, CONTRACTOR agrees to notify CITY of any proposed change in physical location for work performed under ibis Agreement at least thirty (30) calendar days in advance of the change. H. CONTRACTOR shall notify CITY of any changes in personnel or governing board composition, 1. It is expressly understood that neither the perfotmance of Exhibit A for any program contracted hereunder nor the transfer of funds between or among said programs will be permitted, XXV. SUSPENSION OF FUNDING Upon determination by CITY of CONTRACTOR's failure to timely and property perform each of the requirements, time conditions and duties provided herein, CITY, without limiting any rights it may otherwise have, may, at its discretion, and upon ten (10) working days ++ritten notice to CONTRACTOR, withhold further payments to CONTRACTOR. Such notice may be given by mail to the Executive Officer and the Board of Directors of CONTRACTOR. The notice shall set forth the default of failure alleged, and the action required for cure. The period of such suspension shall be of such duration as is appropriate to accompi~sh corrective action, but in no event shall it exceed thirty (30) calendar days, At the end of the suspension period, if CITY determines the default of deficiency has been satisfied, { CONTRACTOR may be restoted to full compliance status and paid all eligible funds whhhel. ar impounded during the suspension period. If however, CITY determines that CONTRACTOR I as not come into compliance, the provisions of SECTION XXVI may be effectuated. 19 32x1❑ tD O XXVII. TEMUNATION A. CITY may terminate this Agreement with cause for any of the following reasons: r (1) CONTRACTOR's failure to attain compliance during any prescribed period of j suspension as provided in Section.M. i i (2) CONTRACTOR's violation of covenants, agreem^nts or guarantees of this Agreement. (3) Termination or reduction of funding by the United States Department of Housing and Urban Development. (4) Finding by CITY that CONTRACTOR: (a) is in such unsatisfactory financial condition as to erdangcr performance under this Agreement; (b) has allocated inventory to this Agreement substantially exceeding reasonable requirements; ~ (c ) is delinquent in payment of taxes, or of costs of performance of this Agreement in the ordinary course of business. (5) Appointment of a trustee, receiver or liquidator for all or substantial part of 1 CONTRACTOR's property, or institution of bankruptcy, reorganization, rearrangement of or liquidation proceedings by or against CONTRACTOR. (6) CONTRACTOR's inability to conform to changes required by Federal, State and lucal laws or reSulations as provided in Section IV, and Section XXIV (D), of this Agreement. (1) The commission of an act of bankruptcy, (B) CONTRACTOR's violation of any law or regulation to which 0 CONTRACTOR is bound or shall be bound under the terms of the Agreement. CITY shall promptly notify CONTRACTOR in writing of the decision to terminate and the effective date of termination. Simultaneous notice of rending termination maybe made to other funding source specified in Exhibit B. B. CITY may terminate this Agreement for convenience at any time. If this Agreement is temtinated by CITY for comenience, CONTRACTOR will be paid an amount not to exceed the O total of accrued expenditures as of the effective date of termination. In no event will this compensation exceed an amount N%hich bears thr saML ratio to the total compensation as the j zo a MOM 0 NW W AP 0 senices actualtq performed bears to the total services of CONTRACTOR covered by the Agreement, less payments previously made. C. CONTRACTOR may terminate this Agreement in wl le or in part by written notice to CITY, if a termination of outside funding occurs upon which CONTRACTOR depends for perfortnan ~e hereunder. CONTRACTOR may opt, within the limitations of this Agreement, to seek an alternative funding source, with the approval of CITY, provided the termination by the outside fimding source was not occasioned by a breac:: of contract as defined herein or as defined in a contract between CONTRACTOR and the funding eot.ree in questi=m. CONTRACTOR may terminate this Agreement upon the dissolution of CONTRACTOR's organization not occasioned by a breach of this Agreement. D. Upon receipt of notice to terminate, CONTRACTOR shall cancel, v~ ithdraw or otherwise terminate any outstanding ord. rs or subcontracts which relate to the performance of this Agreement. CITY shall not be liable to CONTRACTOR or CONTRACTOR's creditors for any expenses, encumbrance. • r obligations whatsoever incurred after the termination date, E. Notwithstanding any exercise by CITY of its right of suspension or termination, COYTRACI OR shall not b: reliever of liability to C- TY for damages sustained by CITY by virtue of any breach of the Agreement by CONTRACTOR and CITY may withhold any reimbursement to CONTRACTOF. unti? such time as the exact amount of damages due to CITY from CONTRACTOR is agreed ttpon or otherwise determined. G XXVII. NOTIFICATION OF ACTION BROUGHT In the event that any claim, demand, suit or other action is made or brought by any person(s), firm corporation or other entity against CONTRACTOR, CONTRACTOR shall give written notice thereof to CITY within two (2) working days after being notified of such claim, demand, suit or other action. Such notice shall state the date and hour of notification of any such claim, demand, suit or other action; the names and addresses of the person(s), firm, corporation or other entity rn ilWng such claim, or that instituted or th eatened to institute any type of action or proceeding; the basis of such claim, action or procecurng; end the name of any person(s) against whom such claim is being made or threatenzd. Such writ?en notice shall be delivered a either personall/ or by mail. 0 XXVI11. INDEMNIFICATION j A. It is expressly understood nod agreed by both parties hereto that CITY Is coutracting with CONTRACTOR as an Independent contractor and that as such, CONTRACTOR shall sate and hold CITY, its officers, agents and employees harmless p from all liability of nay nature or kind, including costs and expenses for, or on account of, any claims, audit exceptions, demands, suits or damages of any character whatsoever resulting In whole or in part from the performance or omission of any employee, agent of i :t 1 32, 0 i repu_orntative of CONTRACTOR 0. CONTRACTOR agrees to provide the defense for, and to Indemnify and hold harmless CITY its agents, employees, or contractors from any and all claims, suits, causes of action, demands, damages, losses, attorney fees, expenses, a-d liability arising out ortbe use of these contracted funds and program administration and implementation except to the extent caused by the willful act or omission of CITY, its agents, employees, or contractors. XXIX. I MISCELLANEOUS i A. CONTRACTOR shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising thereunder, to any party or parties, bank, trust company or other financial institution without the prior written approval of CITY. B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the crigincl intent of both parties hereto. C. In no event shall any payment to CONTRACTOR hereunder, or any other act or failure of CITY to insist in any one or more instances upon the terms and conditions of this Agreement constitute or be construed in any way to be a waiver by CITY of any breach of covenant or default which may then or subsequently be commined by CONTRACTOR. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to CITY to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of CITY may waive the effect of this provision. 0. this Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understanding or other commitment antecedent to this Agreement, whether written or oral, shall have no force or effect whatsoever; nor shall an agreement, assertion, statement, understanding, or other . ommitmcnt occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement. t • E. In the event any disagreement or dispute should arise between the panics hereto I' pertaining to the interpretation or meaning of any pan of tl is Agreement or its goveming rules, j codes, laws, ordinances rr regulations, CITY as the party ultimately rt sponsible to HUD for matters of compliance, will have the final authority to renders to sccut • an interpretation. F. For purposes of this Agreement, all official communications and notices among the 0 ' parties shall be deemed made if sent postage paid to the paries and address set forth beln-N: I >,ar {pM nt g 4' r~ J rf 32x 1 ! 1 • 1 ~6 ] 0 ' t a . ~r,r.,. ,r.v • u. . ':i I TO CITY: TO CON i i2ACTOR: City Manager Director City of Denton HOPE, Inc. 215 E. McKinney St. P.O. Box 30946 Denton, Texas 76201 Denton, Texas 76206 G. This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any litigation concerning this Agreement shFJI be in a court competent jurisdiction sitting in Denton County, Texas. I, IN WITNESS OF WHICH this Agreement has been executed on this the day of t , 1998. f e CITY OF DENTON BY: MICHAEL V. JEZ, CITY MAMAGER , ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L.~PR~O~UTY, CITY ATTOI~Ij7EY HOPE INC. I BY: EXECUTIVE DIRECTOR ; . ATTEST: BOARD SECRETARY I6 I 6 ~ K`n J ~ I ' x,11 rl 23 r 0 Y61 1~ .t 0 e5 2X . Ir 0 , r 5 lsvawft • City of Denton - Community Development Division Qualifying Income Limits for Federally Assisted Programs { FY 1998-99 I ~ Maximum Income Levels € Family Moderate Income Low Income Wry Low Income Extremely Low Income Size 80%-66NeAMI 65%-51%AMI 50%-31%AMI 30%&Below AMI i ' I 1 $30,450 - $24,751 $24,750 - $19,051 519,050 • $11,401 $11,400 or Below 2 $34,800 • $28,301 $28,300 - $21,751 $21,750 - $15,051 $13,050 or 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 $27,200 - $16,301 $16,300 or Below 5 $47,000 - $38,201 $38,200 - $29,401 $29,400.$17,651 $17,650 or Below 6 $50,500 - $41,001 $41,000 • $31,551 $31,550.518,951 $18,950 or Below t. 7 $53,950 - $43,901 $43,900.$33,751 $33,750 - $20,251 $20,250 or Below 8 $57,450. $46,651 $46,650 - $35,901 $35,900 - $21,551 $21,550 or Below Source: U.S. Department of Housing and Urban Development r Effective October 1, 1998 ' r R ff 1 s s;~ • 1 f',t, . 14 10 0 r' . r~ EXHIBIT "A' WORK 5TATF.MENT HOPE, INC. 30-90 DAY CLIENT ASSISTANCE PROGRAM , The program provides assistance to families who are homeless or potentially homeless, and who havc the desire and ability to establish self-reliance. The funding requested would provide rent, utility, and food to client families for a period of 30.90 days. The case manager from HOPE, Inc. will meet with the client families on a weekly basis to assist with defining goals, budget skills, assessment of job skills and educational needs, and community reterral. HOPE will monitor expense, 1 ' receipts, income, and attempts to move toward stated goals. It is anticipated that client families will be able to move into permanent housing and to have the ability, after program assistance, to maintain permanent housing. TRANSITIONAL HOUSING PROGRAM The purpose of the project is to assist families who are documented under HUD guidelines as h ,meless, toward establishing and maintaining self-sufficiency. The funding requested would provide rent and utility assistance, and limited other financial aid, as determined by the needs of the transitional housing families. The transitional bousing program would maintain up to five families at a time, and rent and utility assistance would be for a period of 12 to 24 months. HOPE, Inc, will assist the transitional housing families with assessment of educational or vocational skills and training, with budget skills, with job search skills, and with counseling or other social serviccs. HOPE will also monitor on a weekly basis records of expmus incurred, receipts, and proof of family income, ; It is anticipated that client families who we in the transitional housing program will be able, after the one or two year assistance period, to improve their situation enough to bt. 4ble ro afford decent, safe, and sanitary housing without the need for rental assistance and continuing emergency aide from Demon agencies. s. ' a J%OiF y Lr 25 J 1 4 + k, " 1,5 .x 10 32X10 1 Y 1 ' . i y ~ r i i EXHIBIT "B" HOPE INC. PROJECT BUDGET flan;ition Heosing Per gt~ i , Personnel Costs, Client Services ........................................$25,000 ; Case management up to 20 hours per week Rent, Utilities, and other Financial Aid 0-90 Day Client Assistance Proaram Support of Client Families, 30-90 Days r. ......55,000 Rent, Utilities, Food , r a ;s w , u ~rt* x ~C 32x0 1 - 01 0 ; AR MLM , Q f I 9 r 1 ALWI No Agenda Item AGENDA INFORMATION SHEET I'21" -1E~ AGENDA DATE: October 20, 1998 Questions concerning this acquisition may be directed DEPARTMENT: Finance - Purchasing to Barbara Ross 349-7235 AC11: Kathy DuBose, 349-8228 SUBJI CT AN ORDINANC" ACCEPTING COMPETITIVE BIDS AND AWARDING A k CONTRACT FOR PRENATAL PROGRAM FOR LOW-INCOME FAMILIES, 4 PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING IE FOR AN EFFECTIVE DATE. (BID # 2260 - PRENATAL PROGRAM FOR LOW ! iNCO%iE FAMILIES AWARDED TO FAMILY HEALTH CARE INC., IN THE AMOUNT OF $20,000.00). BACKGROUND Tabulation Sheet ESTIMATED SCHEDULE OF PROJECT This agreement shall commence upon approval and tenninate on September 30, 1999, urless sooner terminated in accordance with Section XXVI "Termination" under the contract agreement. FISCAL INFORMATION I CDBG funds have been appropriated for this program: Account 9 100.051.031M-8502 r s DIP INFORMATION This bid is to provide prenatal, ps}chosocial and educational services to pregnant low• j income women. Scnice includes patient examination, arrangements for lab work, O ! ! medically nccdssary sonograms and other required diagnostic, case management, as well x< as childbirth and parenting education. Ii 1 t t i 10 32XIO ~ '1" h. al 1~ I f / Y Y1 fY 0 I 1 lY 1 i Y AGENDA INFORMATION SKEET OCTOBER 20, 1999 PAGE 2 OF 2 Respectfully submitted: 1 / Name; Toni Shaw, C,P•M„ 349.7100 , Title: Purchasing Agent ' rr I Attachment kl: Tabulation Sheet 1116 AGEKDA r .I ~ 4A n i ip ,Zn I \1 1 , ' of t 1 1 2 5 0 , c ~aonv ATTACHMENT N 1 TABULATION SHEET BID* 22430 BID NAME Prenatal Prop ram of Low Ircc.ma FAMILY HEALTHCARE , INC DATE 1t-Au •06 / Q DESCPIPTION VENDOR VENDOR r 1 Total Bid Imard $20,000.00 DELIVERY r E. :r ,I r ~b • d 1 I f t ffff` 1 fl , 1 l ' n it 4 ~.f~ 3 '32 X 10 MM BRA to • o • ORDINANCE NO. I AND AWARDING A CONTRACT FOR AN ORDINANCE ACCEPTING COMPETITIVE BIDS PRENATAL PROGRAM FOR LOW-INCOME FAMILIES. PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (BID p 2260 - PRENATAL PROGRAM FOR LOW-INCOME FAMILIES AWARDED T'O ' FAMILY HEALTH CARE INC., IN THE AMOUNT OF $20,000.00). k 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 f WHEREAS, the City Manager or a designated employee has revir d 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 Imc -,:in; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HERESY ORDAINS: E SECTION L That the following competitive bids for materials, equipment, supplies, or services, described iC the "Bid Proposals" on file in the office of City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids for such items- sic, ITEM NUMBER --NO, CONTRACTOR AMOUNT 2260 ALL FAMILY HEALTH CARE INC. $20,000.00 aECT ION 11. That the acceptance and approval of the above cotr ietitive bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the l materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and reI led { ` documents, E f SF,CTIQN 111 That the City, and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval. and awarding of the bids, the City Manager or his designated representative is hereby authorized to 1 4 e.xccute the mvrirten contracts ,which shall be attached hereto; provided that the written contract is in 0 accordance with the terms. conditions, specifications, standards, quantities and specified sums f 0 contained in the Bid Proposal and related documents herein approved and accepted. f 4 10 32xI r + y ~ + ,y 0 { + I 5 , ~qrK rW Ir V.... _ a n ...r.rv......sw....G.a.rYY...nY.,.. . ♦..:w...._. . , SECTIONLV. That by the acceptance and approval of the above competitive 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 the day of ,199' r:, r JACK MILLER, MAYOR ~ ,J Y ATTEST: JENNIFER WALTERS, CITY SECRETARY BY; APPROVED AS TO LEGAL FORM: HERBERT L, PROUTY, CITY ATTORNEY BY: 22GD FAMILY HEALTH CAPE INC. CONTR,ACTORDIYANCF" + j1k e S % r ~ a. i , 32 , s 0 1998.1999 CDBG SERVICE AGREEMENT BE'T'WEEN THE CITY OF DENTON AND FA'41LY HEALTH CARE, INC. (Bid # 2260) This Agreement is made and entered into by and between the City of Denton, a Texas municipal corporation, act-'ng by and through its City Manager, pi.rsuant to ordinance. hereinafter referred to as CITY, and Family Health Care Inc., 513 South Locust Street, Denton, Texas 7620I. a Texas non-profit corporation, hereinafter referred to as CONTRACTOR. i WHEREAS, CITY has received certain funds from the U.S. Department of Housing and Urban Development under Title I of the Housing and Cummunity Development Act of 1974, as amended; and WHEREAS, CITY has adopted a budget for such funds and included therein an auGtoriz-A budget for expenditure of funds for Family Health Care Inc.; a: ,d WIiEREAS, CITY has designated the Community Development Office as the division responsible for the administration of this Agreement and all matters pertaining the:eto; and WHEREAS. CITY wishes to engage CONTRACTOR to carry out such project; NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound to the mutual obligations and to the performance and accomplishment of the conditions hereinafter dcscribed. 1. I EP31 I This Agreement shall commence on or as of October I, 1998, and shall terminate on September 30, 1999, unless sooner terminated in accordance with Section ?C}t;VI "Termination". n. RESPONSIBILITIES CONTRACTOR hereby accepts the responsibility for the performance of all senees and activities described in the Work Statement attached hereto as Exhibit A, and incorporated herein by ; reference, in a satisfactory and efficient manner as determined by CITY, in accordance with the terms herein. CITY will consider CONTRACTOR'S executive officer to be CONTRACTOR's representative responsible for the management of all contractual matters pertaining hereto, unless written notification to the contrary is received from CONTRACTOR, and approved by CITY. The CITY's Community Development Administrator will be CITY's representative O responsible for the administration of this Agreement. 6 , 1~ 32XIO Q j IJI. CITY'S OBLIGATION A. Limit of Liability. CITY will reimbuse CONTRACTOR for expenses incurred pursuant and in accordance with the project budget attached hereto is exhibit B and incorporated 1 ' het ein by reference. Nom iluimruding any other provision of the Agreement, the total of all payments and other obligations made or incurred by CITY hereunder shall not exceed the stun of 520,000• B. Measure of Liability. In consideration of full and satisfactory services and activities here, rider by CONTRACrOR. CITY shall make payments to CONTRACTOR based on the Budge: f attacied hereto and incorporated herein for all purposes as Exhibit B, subject to the limitations and previsions set forth in this Section and Section VII of this Agreement. (1) The panics expressly understand and agree that CITY's obligations and-r this Section are contingent upon the actual receipt of adequate Cornmtxity Development Block Grant (CDBG) funds to -neet CITY's liabilities under this ,agreement. If adequate funds are not available to make payw.:^ts under this Agreement, CITY shall notify CONTRACTOR in writing within a teasonable time after such fact has been determin6d. CITY may, at its option, either reduce die amount of iti liability, m specif ed in Subsection A of this Section or terminate the Agreement. If CDBG funds :lij0le for use fu. -purposes of this Agreement arc reduced, CI rY shall not be liable for fttrth~t payments due to CONTRACTOR under th's Agreement. (2) It is expressly unazrstood that this Agreement i t no way obligates the General Fund or any other monies or credits of the Cry of Denson, (3) CITY shall not be liable for any cost or portion thereof which: (a) has been paid, reimbursed or is subject to payment or reimbursement. @om any other source; (b) was incurred prirr to the beginning date, or after the ending date specific I in Section 1; I • (c ) is not in strict accordance with the terms of dds Agreemenr, including all e. exhibits attached hereto; (d) has not been billed to CITY within ninety (90) calendar days following billing to CONTRACTOR, or termination of the Agreement. whichever date is earlier; or (e) is not an allowkle cost at defined by Section XI of this Agreement or the project budget. O • 7 5r <i . 1:s r'~ F r 9 ~ti,. .I 10 `3 NOW" axone. (e) CITY shall not be liable for any cost or portion thereof which is incurred with respect to any acti''ity of CONTRACTOR requiring prior written authorization form CITY. or after CITY has requested that CONTRACTOR furnish data concerning such action prior to proceeding further, unless and until CITY advises CONTRACTOR to pm.t-ed. I (5) CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR for payment of any monies or provision of any goods or services. IV. COMPLIANCE WITH FEDERAL, STATE aad LOCAL LAWS A. CONTRACTOR understands that funds provided t;, it pursuant to this Agreement are f funds which have been made available to CITY by the Federal Government (U.S. Department of j Housing and Urban Development) under the Housing and Community Development Act of 1974, as amended, in accordance with an approved Grant Application and specific assusance_. Accordingly, CONTRACTOR assures and certifies that it will comply with the requirements of the Housing end Community Development Act of 1974 (P.L. 93.383) as amended and with regulations promulgated thereunder, and codified at 24 CFR 570. The foregoing is .-i no way meant to constitute a complete compilation of all duties imposed upon CONTRACTOR by I.w or administrative r:1i*.., or to narrow the standards which CONTRACTOR must follow. CONTRACTOR further accrues and certifies that if the regulations and issuances promulgated - -suant to the Act are amended or revised, it shall comply with them, or notiN CITY. as provided in Section XXIV of this Agreement. CONTRACTOR agrees to abide by the conditions of and comply with the requirements of the Office of Management and Budget Circulars Nos. A-110 and A-122. B. CONTRACTOR shall comply with all applicable federal laws, laws of the State of Texas and ordinances of the City of Denton. V. REPRESENTATIONS A. CONTRACTOR assures and guarantees that it possesses the legal authority, pursuant to any propar, appropriate and official motion, resolution or action passed or taken, to enter into this Agreement. f B. The person or persons signing and executing this Agreement on behalf of CONTRACTOR, do hereby warrant and guarantee that he, she, or they have been fully authorized by CONTRACTOR to execute this Agreement on behalf of CONTRACTOR and to validly and legally bind CONTRACTOR to all terms, performances and provisions herein set forth. B ate ; ,r-r 4 7.5 x ❑ 32X • 0 1 i i C. CITY shall have the right, at its option, to either temporarily suspend o: permanently j terminate this Agreement if there is a dispute as to the legal authority of either CONTRACTOR or I the person signing the Agreement to enter into this Agreement. CONTRACTOR is liable to CITY for any money it has received from CITY for performance of the p. i:irra of this Agreement if CITY has suspended or terminated This Agreement for the reasons enumerated in this Section. i , D. CONTRACTOR agrees that the funds and resources provided CONTRACTOR under the to ms of this Agreement will in no way be substituted for funds and resources from other sources. nor in any way serve to reduce the resources, services, or other benefits which would have been available to, or provided thre,igh, CONTRACTOR had this Agreement not been executed. VI. PERFCRAIANCE BY CONTRACTOR CONTRACTOR will provide, oversee, administer, and carry out all of the activities and services set out in ;he WORK STATEMENT, attached hereto and incorporated herein for all purposes as Exhibit A, utilizing the funds described in Exhibit B, attached hereto,.md incorporated herein for all purposes and deemed by both parties to be necessary and sufficiert payment for full 'd satisfactory performance of the program, is determined solely by CITY and in accordance with all other terns. provisions and requirements of this Agreement No modi5cations or alteratiora may be made in the 'Mork Statement without the prior wrinen approval of the City's Community Development Adminis ratar. VII. P;►YMENTS TO CONTRACTOR A. Pa) meats to Contractor. The CITY shall pay to the CONTRACTOR a maximum amount of money totaling 520,000 for service= •cndered under this Agreement. CITY will pay these tunds on a reimbursement basis to the CONTRACTOR within twenty days after CITY has received supporting documentation. CONTRAC':Oa's failure to request reimbursement on a timely basis may jeopardize present or future funding. Funds are to be used for the sole purpose of providing prenatal care to indigent persons. B. Excess PayntenL CONTRACTOR shall refund to CITY within ten (10) working days of CITY's request, any sum of money which has been paid by CITY and which CITY at agy time ! i thereafler leterminesr (1) has resulted in overpayment to CONTRACTOR; or (2) has not been spent strictly in accordance with the trees of this Agreement; or ! (3) is not supported by adequate documentation to fully justify the expenditure. p ! 9 32 h e O s 0 C. Disallowed Costs. Upon terminated of this Agmemen, should any expense or change for which payment has been made be subsequently disallowed or disappmved as a result of any autitiing or monitoring by CITY, the Department of Housing and Urban Development, or any oth:r Federal agency, CONTRACTOR will refund such amount to CITY within ten (10) working days of a written notice to CONTRACTOR which specifies the amount disallowed. i Refunds of disallowed costs may not be made from these or any funds received from or through CITY. II D. Obligation of Funds. In the event that actual expenditure rates deviate from CONTRACTOR's provision of a corresponding level of performance, as specified in Exhibit A. CITY hereby reserves the right to reappropriate or recapmue any such underexpended funds. E. Contract Close Out. CONTRACTOR shall submit the Agreement close out package to CITY, together with a final expenditure repon, for the time period covered by the last invoice requesting reimbursement of funds under this Agreement, within fifteen (IS) woriing days following the close of the Agreement period- CONTRACTOR shall utilize the form agreed upon by CITY and CONTRACTOR. VIII. WARRANTIES I CONTRACTOR represents and warrants that: A. All information, reports and data heretofore or hereafter requested by CITY and furnished to CITY, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to CITY. B. Any supporting financial statements heretofore requested by CITY and furnished to CITY, are complete, accurate and fairly reflect the 5nancial condition of CONTRACTOR on the date shown on said report, and the results of the operation for the period covered by the report, and that since said date, there has been no material change, adverse or otherwise, in the financial condition of CONTRACTOR. C. No litigation or legal proceedings are presently pending or threatened against CONTRAC[ OR. D. None of the provisions herein contravenes or is in conflict with the authority under which CJNTRAC rOR is doing business or with the provisions of any existing indenture or agreement of CONTRACTOR. E. CONTRACTOR has the power to enter into this Agreement and accept payments ' hereunder, and has taken all necessary action to authorize such acceptance under the tem:s and conditions of this Agreement. E tp • t 10 2 3 10 0 F. None of the assets of CONTRACTOR is subject to any lien or encumbrance of any, character, except for current taxes not delinquent, except as shown in the financial statements furnished by CONTRACTOR to CITY. Each of these representations and warranties shall be continuing and shall be deemed to hove been repeated by the submission of each request for payment. IX. COVENANTS j A. During the period of time that payment may be made hereunder and so long as 6M i payments remain unliquidated, CONTRACTOR shall not, without the prior written consent of the Community Development Administrator or l,er authorized representative: I (1) Mortgage, pledge, or otherwise encun•ber or suffer to be em:umbered, any of the assets of CONTRACTOR now owned or hereafter acquired by it, or permit any pre-existing mortgages, liens, or other encumbrances to remain on, or attached to, any assets of CONTRACTOR which are allocated to the performance of this Agreement and with respect to which CITY has ownership hereunder. (2) Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes or claims for money due or to become due. (3) Sell, convey, or lease all or substantial pan of its assets. (4) Make any advance or loan to, or incur any liability for any other firm, person. entity or corporation as guarantor, surety, or accommodation endorser. (5) Sell, donate, loan or transfer any equipment or item of personal property purchased with funds paid to CONTRACTOR by CITY, unless CITY authorizes such transfer. B. Should CONTRACTOR use funds received under this Agreemei t to acquire or improve real property under CONTRACTOR's control, CONTRACTOR agrees and covenants: That the property shall be used to meet one of the national objective: stated in 24 CFR 570 until August 31, 2006. f (2) That should CONTRACTOR transfer or otherwise dispose of said property on or before August 31, 2006, CONTRACTOR shall reimburse CITY in the amount of the fair market value of this property less any portion of the value attributable to expenditures of non•CDBG funds for acquisition of, or improvement to, the property. { C. CONTRACTOR agrees, upon written request by CITY, to require its employees to attend 0 training sessions sponsored by the Community Development Office. 11 I LI 32 x I Q • 0 X ALLOWABLE COSTS A. Costs shall be considered allowable only if incurred directly and specifically in the j performance of and in compliance with this Agreement and in conformance with the standards and provisions of Exhibits A and B. B. Approval of CONTRACTOR's budget, Exhibit B, does not constitute prior written approval, even though certain items may appear herein. CITY's prior written authorization is required in order for the following to be considered allowable costs: (1) Encumbrances or expenditures during any one mor..' ;eriod which exceeds one- Gflh (1!5) of the total budget as specified in Exhibit B. (2) CfTY shall not be obligated to any third parties, including any subcontractors of i' CONTRACTOR and CITY fords shall not be used to pay for any contract service extending beyond the expiration of this Agreement. (3) Out of town travel. (4) Any alterations or relocation of the facilities on and in which the activities specified in Exhibit A are conducted. (S) Any alterations, deletions or additions to the Personnel Schedule incorporated in Exhibit B. (61 Costs or fees for temporary employees or services. (7) Any fees or payments for consultant services. (8) Fees for attending out of town meetings, seminars or conferences. Written requests for prior approval are CONTRACTOR's responsibility and shall be made within sufficient time to permit a thorough review by CITY. CONTRACTOR must obtain written approval by CITY prior to the commencement of procedare3 to solicit or Turchase services, equipment, or real or personal property. Any procurement or purchase which maybe approvd under the terms of this Agreement must be conducted in its entirety in accordance with the provisions of ' this Agreement. i 12 s r t". " fir) x 61.J 32X ❑ A *AWL" 0 PROGRAM INCOME A. For purposes of this Agreement, program income means earnings of CONTRACTOR realized from activities resulting from this Agreement or from COI" 'RACTOR's management of funding provided or received hereunder. Such earnings include, but am not limited to, income from interest, usage or rental or lease fees, income produced from contract-supported services of individuals or employees or from the use or sale of equipment or facilities of CONTRACTOR k j provided as a result of this Agreement, and payments from clients or third parties for services l rendered by CONTRACTOR under this Agreement. B. CONTRACTOR shall maintain records of the receipt and disposition of progr= income in the same manner as required for other contract funds, and reported to CITY in the format prescribed by CITY. CITY and CONTRACTOR agree, based upon advice received from representatives of the U.S. Department of Housing and Urban Development (HUD), that any fees collected for services performed by CONTRACTOR shall be spent only for service provision. These fees or other program income will be deducted from the regular reimbursement request. C. CONTRACTOR shall include this Section in its entirety in all of its sub-contracts which involve other income-producing services or activities. U. It is CONTRACTOR'S responsibility to obtain from CITY a prior determination as to whether or not income arising directly or indirectly from this Agreement, or the performance thereof. constitutes program income. CONTRACTOR is responsible to CITY for the repayment of any and all amounts determined by CITY to be program income, unless otherwise approved in writing by CITY, mi. MAINTENANCE OF RECORDS A, CONTRACTOR agrees to maintain records that will provide accurate, current, separate. and complete disclosure of the status of the funds received under this Agreement, in compliance with the provisions of Exhibit B, attached hereto, and with any other applicable Federal and State regulations establishing standards for financial management. CONfRACTOR's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Nothing in Ns Section shall be construed to relieve CONTRACTOR of fiscal accountability and liability under any other provision of this Agreement or any applicable law. CONTRACTOR shall include the substance of this provision in all subcontracts. -4: R B. CONTRACTOR agrees to retain all books, records, documents, reports, and written accounting procedures pertaining to the operation of programs and expenditures of funds under this Agreement for the period of time and under the conditions specified by CITY. C. Nothing in the above subsections shall be construed to relieve CONTRACTOR of responsibility for retaining accurate and current records which clearly reflect the level and benefit 0 of services provided under this Agreement. 13 ILI 32X O aweva i D. At any reasonable time and as often as CITY may deem ne:essary, the CONTRACTOR shall make available to CITY, HUD, cr any of their authorized representatives, all of its records and shall permit CITY, HUD, or any of their authorized representatives to audit, examine, make excerpts and copies of such records, and to conduct audits of all contracts. invoices, materials, payTolls. records of personnel, conditions or employment and all other data requested by said npresentanves, X1Q. ~ REPORTS AND [NFORDIATION At such times and in such form as CITY may require, CONTRACTOR shall famish such st:eements, records, data and information as CITY may request and deem pertinent to manero covet ed by this Agreement. CONTRACTOR shall submit quarterly beneficiary and financial reports to CITY no less than once each three months. The beneficiary report shall detail client information, including race, , income, femsIe heart of household and other statistics required by CITY. The financial report shall include information and data relative to all programmatic and financial reporting as of the beginning date specified in Section I of this Agreement. Unless a written exemption has been granted by the CITY, CONTRACTOP, si alI submit an audit conducted by independent examiners within ten (10) days after receipt of such. XIV. MONITORING AND EVALUATION A. CITY shall perform on-site monitoring of CONTRACTOR's performances under this Agreement. B. CONTRACTOR agre s that CITY may carry out monitoring and evaluation activities to ensure adherence by CONTRACTOR to the Work Statement, and Program Goals and Objectives. which are attached hereto as Exl;ibit A, as well as other provisions of this Agreement. C. CONTRACTOR agrees to cooperate fully with CITY in the development, implementation and maintenance of record-keeping systems and to provide data detem-dn:d by CITY to be necessary for CITY to effectively fulfill its monitoring and evaluation responsibilities. f D. CONTRACTOR agrees to cooperate in such a way so as uol to obstruct or delay CITY in such monitoring and to designate one of its staff to coordinate the monitoring process as requested by CITY staff. E. After each official monitoring visit, CITY shall provide CONTRACTOR with a written report of monitoring findings. J~4 14 a ;.t 7h > 10 32 x~~ 0 F. CONTRACTOR shall submit copies of any fiscal, management, or audit reports by any of CONTRACTOR's funding or regulatory bodies to CITY within five (S) working days of recript by CONTRACTOR. r XV. DIRECTORS' MEETINGS i During the terms of this Agreement, CONTRACTOR shall cause to be delivered to CITY copies of all notices of meetings of its Board of Directors, setting forth the time mid place thereof. Such notice shall be delivered to CITY in a timely manner to give adequate nodE e, and shall include an agenda and a brief description of the matters to be discussed. CONTRACTOR understands and j agrees thst CITY representatives shall be at+'orded access to all of the Board of Directors' meetings. I Minutes of all meetings of CONTRACTOR's governing body shall be available to CITY within ten (10) work!ng days of approval. XVI. INSURANCE A. CONTRACTOR shall observe sound business practices with respect to pruviding such bonding and insurance as would provide adequate coverage for services offered under this Agreement. B, The pr zdses on and in winch the activ tires described in Exhibit A arr conducted, and the empliyees conducting these activities, shall be covered by premise liability :nsurance, commoely refen:l to as "Owner/Tenant" coverage with C17Y named as an additional. insured. Upon request of CONTRACTOR, CITY may, at its sole discretion, approve alternate insurance coverage arrangements. C. CONTRACTOR will comply with applicable workers' compensation statues and will obtain employers'liability coverage where available and other appropriate liability cover-,.4a for program participants, if applicable. D. CONTRACTOR will maintain adequate and continuous liability insurance on all vehicles c , mcd, leased or operated by CONTRACTOR All employees of CONTRACTOR who are required to drive a vehicle in the normal scope and course of their employment must possess a valid Texas " driver's lVense and automobile liability insurance. Evidence of the employee's current poVession A of a valid license and insurance must be maintained on a current basis in CONTRACTOR's files. E. Actual posses not covered by insurance as required by this Section arc not allowable costs under this Agreement, and remain the sole responsibility of CONTRACTOR. R The policy or policies of insurance sha!1 coninin a clause which requires that City and Contractor be notified in writing of any cutedladon of change in the policy at least iliirty (30) days p rtior to such change or cancellation. 15 i M ' O 9 0 1 nWW" i WEE. EQUAL OPPORTUNITY A. CONTRACTOR shall submit for CITY's approval, a written plan for compliance with , the Equal Employment and Affirmative Action Federal provisions, within thirty (30) days of the effective date of this Agreement. B. CONTRACTOR shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. C. CONTRACTOR will famish all information and reports requested by the CITY, and Hill permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, state and Federal rules and regulations. D. In the event of CONTRACTOR's non-compliance with the non-discrimination requirements, CITY may cancel or terminate the Agreement in whole or in part, bid CONTRACTOR may be barred from further contracts with CITY. XVIII. PERSONNEL POLICIES Personnel policies shall be established by CONTRACTOR and shall be available for 1 exan• ation. Such personnel poiicies shall: 1 A. Be no more liberal than CITY's personnel pclicies, procedures, and practices, including policies with respect to employment, salary and wage rates, working hours and holidays. fringe benefits, vacation and sick leave privileges, and travel, and B. Be in writing Ant shall be approved by the governing body of CONTRACTOR and by CITY. XIX. CONFLICT OF INTEREST A. CONTRACTOR covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree _With the A performance of services required to be performed under this Agreement. CONTRACTOR funkier covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. B. CONTRACTOR further covenants that no member of its governing body or its staff, subcontractors or emplo} ees shall possess any interest in or use his position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself, or others, particularly p those with which he has family, business, or other ties. 16 I 32 Arlo" , A xxism I I C. No officer, member, or employee of CI I Y and no member of its governing body who exem,ses any function or responsibilities in the review or approval of the undr:rtaking or carr)inc out of this Agreement shell (1) participate in any decision relating to the Agreement which affects is personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interest; or (2) have any interest, direct or indirect, in this Agreement or the proceeds thereof. ML NEPOTISM CONTRACTOR shall not employ in any paid capacity any p :rson who is a member of the immediate family of any person who is currently employed by CONTRACTOR, or is a member of CONTRACTOR's governing board. The term "member of immediate family" includes: wife. r husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, nie e, step- parent, step-child, half-brother and half-sister. XXI. POLITICAL OR SECTARIAN ACTIVITY A, None of the performance rendered hereunder shall involve, and no portion of the funds received by CONTRACTOR hereunder shall be used, either directly or indirectly, for any political activity (including, but not limited to, an activity to further the election or defeat of any candidate for public office) or any activit) undertaken 'o influence the passage, defeat or final content of legislation, B. None of the performance rendered hereunder shall involve, and no portion of the funds received by CONTRACTOR hereurder shall be used for or applied directly or indirectly to the construction, operation, maintenance or administration,, or be utilized so as to benerit in any manner any sectarian or religious facility or activity. XMI. PUBLICITY A. Where such action is appropriate, CONTRACTOR shall publicize the activities conducted by CONTRACTOR under this Agreement. In any news release, sign, broth ire, or other advertising medium, disseminating information prepared or distributed by or for CONTRACTOR, the advertising medium shall state that the U.S. Department of Housing and Urban Develo ent's Community Development Block Grant Program funding through the City of Denton has made the project possible. l B. Ali published material and written reports submitted under this project must be originally developed material unless otherwise specifically provided ~n this Agreement. Wh. a material not originally developed is included in a report, the report shall identify the source in the body of the report or by footnote. This provision is applicable when the material is in a verhmim or extensile j p paraphrase for nat. f1 32 X Mai 1 O i. All published material submitted under this project shall include the following reference on the front cover or title page: This document is prepared in accordance with the City of Denton's Communin• Development Block Grant Program, with funding received from the United States Department of Housing and Urban Development. C. All reports, documents, studies, charts, schedules, or other appended documentation to j any proposal, content of basic proposal, or contracts and any responses, inquiries, correspondence and related material submitted by CONTRACTOR shall become i, > t -operty of CITY upon receipt, a XXIII. 1 FUNDING APPLICATIONS { CONTRAC70R agrees to notify CITY each time CONTRACTOR is preparing or si.bmitting any application for funding in accordance with the following procedures: A. When the application is in the panning stages, CONTRACTOR shall submit to CITY a description of the funds being applied for, and the proposed use of funds. B. Upon award of or notice of award, whichever is sooner, CONTRACTOR shall notify CITY of s, ch award and the effect, if t.ny, of such funding on the funds and program(s) contracted i hereunder. Such notice shall be submitted to CITY, in writing, within ten (W) working days of receipt of the notice of award or funding award by CONTRACTOR, together with copies of the budget, progmii description, and Agreement. C. CONTRACTOR shall not use funds provided hereunder, whet., -.r directly c- directly, as a contribution, or to prepare applications to obtain any federal or private funds under any federal or private rrogram without the prior written couscm of CITY. XXIV. CHANGES AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. f B. CONTRACTOR may not make transfers between or among approved line-items wit »n bud;et categories set forth h; Exhibit B without prior written approval of CITY. CONTRACTOR shall request, in writing, the budget revision in a form prescribed by CITY, and such request for revision shall not incr -ase the total monetary obligation of CITY under this Agreement. In addition budget revisions cannot bignificantly change the r,aturr, intent, or scope of :he rrogram funded under 0 this Agreement O 0 J14 to o 0 i C. CONTRACTOR will submit revised budget and program information, whenever the level of finding for CONTRACTOR or the program(s) described herein is altered according to the total levels contained in any portion of Exhibit B. D. It is understood and agreed by the patties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modificatiors are to be automatically incorporated into this Agreement without written amendment hereto, and shall become a pan of the Agreement on the effective date specified by the law or regulation. E. CITY may, from time to time during the term of the Agreement, request changes in Exhibit A which may include an increase or decreased in the amount of CONTRP.CTOR's eompeosatiun Such changes shall be incorporated in a written amendment hereto, as provided in I Subsection A of this Section. F. Any alterations, deletion, ur additions to the, Contract Budget Detail incorporated in Exhibit B shall require the prior written approval of CITY. G. CONTRACTOR agrees to notify CITY of any proposed change in physical location for j work performed under this Agreement at feast thirty (30) calendar days in advance of the change. H. CONTRACTOR shL:l notify CITY of any changes in p4tv.,nncl it governing board {I composition. 1. It is expressly understood that neither the performance of Exhibit A for any program contracted hereunder nor the transfer of funds between or among said programs will be permitted, XXV, SUSPENSION OF FUNDING Upon determination by CITY of CONTRACTOR's failure to timely and property perform each of the requirements, time conditions and duties provided herein, CITY, without limiting any rights it may other,ise have, may, at its discretion, and upon ten (10) working days written notice to CONTRACTOR, withho:d further payments to CONTRACI OR. Such notice may be given by mail to th,i Executive Officer and the Board of Directors of CONTRACTOR. The notice shall set forth the default or f^ilure alleged, and the action required for cure. The period of such suspension shall be of such duration as is appropriate to accomplish c.,Tectwe action, but in no event shall it exceed thirty (30) calendar days. At the end of the suspension period, if CITY determines the defa-It or deficienc}' has been satisfied, CONTRACTOR may be restored to full compliance status and paid all eligible funds withheld or impounded during the suspension period. If however, CITY determines that CONTRACTOR has not come into compliance, the provisions of SECTION XXVI may be effectuatcd. 19 ;xfifi ? 10 32X d rraw 0 S , t XXVI. TERMINATION A. CITY may terminate this Agreement for cause under any of the following reasons or for other reasons not specifically enumerated in this ptvagraph: i ' (1) CONTRACTOR's failure to attain compliance during any prescribed period of suspension as provided in Section XXV. (2) CONTRACTOR's violation of covenants, agreements or guarantees of this Agreement. (3) Termination or reduction of funding by the United States Department of Housing and Urban Development. (4) Finding by CITY that CONTRACTOR: (a) is in such unsatisfactory financial condition as to endanger performance under this Agreement, (b) has allocated inventory to this Agreement substantially exceeding reasonable requirements; (c ) is delinquent in payment of taxes, or of costs of performance of this Agreement in the ordinary course of business. (S) Appointment of a trustee, receiver or liquidator for all or substantial part of CONTRACTOR's property, or institution of bankruptcy, reorganization, rearrangement of or liquidation proceedings by or against CONTRACTOR, (6) CONPRACTOR's inability to cmnfonn to changes required by Federal, State and local laws or regulations as provided in Section IV, and Section XXIV (D), of this Agreement. (1) The commission of an act of bankruptcy. J (8) CONTRACTOR's violation of any law or regulation to which CONTRACTOR • is bound or shall be bound under the terms of the Agreement. { CITY shall promptly notify CONTRACTOR in writing of the decision to terminate and the effective date of termination. Simultaneous notice of pending termination maybe made to other funding source specified in Exhibit 8. 29 rr V rl x 32XIO S r O I 5 SkOa/,9r B. CITY may terminate this Agreement for convenience at any time. If this Agreement is terminated by CITY for convenience, CONTRACTOR will be paid an amount not to exceed the total of accrued expenditures as of the effective date of termination. In no event will this compensation exceed an amount which bears the same ratio to the total compensation as the services actually performed bears to the total services of CONTRACTOR covered by the Agreement, less payments previously made. ' C. CONTRACTOR may terminate this Agreement in whole or in part by written notice to CITY, if a termination of outside funding occurs upon which CONTRACTOR depends for performance hereunder. CONTRACTOR may opt, within the limitations of this Agreement, to seek an alternative funding source, with the approval of CITY, provided the termination by the n-rtside funding source was not occasioned by a breach of contract as defined herein or as defined in a contract between CONTRACTOR and the funding source in question. CONTRACTOR may terminate this Agreement upon the dissolution of CONTRACTOR's organization not occasioned by a breach of this Agreement. i D. Upon receipt of notice to terminate, CONTRACTOR shall cancel, withdraw or other%vise terminate any outstanding orders or subcontract u which relate to the performance of this Agreemcnt. CITY shall not be liable to CONTRACTOR or CONTRACTOR's creditors for any expenses, encumbrances or obligations whatsoever incurred after the termination date listed on the notice to terminate referred to in this paragraph. B. Notwithstanding any exercise by CITY of its right of suspension or termination, CONTRACTOR shall not be relieved of liability to CITY for damages sustained by CITY by virtue of any breach of the Agreement by CONTRACTOR, and CITY may withhold any reimbursement to CONTRACTOR until such time as the exact amount of damages due to CITY from CONTRACTOR is agreed upon or otherwise determined. XXVIL NOTIFICATION OF ACTION BROUGHT In the event that any claim, demand, suit or other action is made or brought by any person(s), firm corporation or other entity against CONTRACTOR, CONTRACTOR shall give written notice thereof to CITY witldn two (2) working day s after being notified of such claim, demand, suit or other action. Such notice shall state the date and hour of notification of any such claim, demand, suit or other action; the names and addresses of the person(s), firm, corporation or other entity.ptaking A such claim, or that instituted or threatened to institute any type of action or proceeding; the basis of such claim, action rr proceeding; and the name of any person(s) against whom such claim is being made or threatened. Such writton notice shall be delivered either personally or by mail. i 21 ~ I i 4 ?Q 32x10 0 AMC" 0 XXVM. INDEMNIFICATION A. It is expressly understood and agreed by both parries hereto that CITY is contracting with CONTRACTOR as an independent contractor and that as such, CONTRACTOR shall save and hold CITY, its offiicen, agents and employees harmless from all liability of any nature or ldnd, including costs and expenses for, or on acce+tnt of, any claims, audit exceptions, demands, suits or damages of any chafacter whatsoever resulting In whole or is part from the performance or omission of any employee, agent or representative of CONTRACTOR. B. CONTRACTOR agrees to provide the defense for, and to indemnify and hold harmless t:rrY its agents, employees, or contractors from any and all claims, suits, causes of acdo:% demands, damages, losses, attorney fees, expenses, and liability arising out of the use of these contracted funds and program administration and implementation except to the extent caused by the willful act or omission of CITY, its agents, employees, or contractors. XXIX. MISCELLANEOUS j A. CONTRACTOR shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising thereunder, to any party or parties, bank, trust company or other financial institution without the prior written approval of CITY. B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. C. In no event shall any payment to CONTRACTOR hereunder, or any other act or failure of CITY to insist in any one or more instances upon the terms and conditions of this Agreement constitute or be construed in any way to be a waiver by CITY of any breach of covenant or default which may then or subsequently be committed by CONTRACTOR. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to CITY to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of CITY may waive the effect of this provision. D. This Agreement, together with referenced exhibits and attachments, constitutes the entire ' agreement between the parties hereto, and any prior agreement, assertion, statement, undet3laading • or other commitment antecedent to this Agreement, whether written or oral, shall have no force or effect whatsoever, nor shall an agreement, assertion, statement, understanding, or other commitment occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement. 22 K 32 MIA& 1 I, 0 1 I E. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpretation or meaning of any part of this Agreement or its governing rules, codes, laws, r ordinances or regulations, CITY as the party ultimately responsible to HUD for matters of compliance, will have the final authority to render or to secure an interpretation. F. For purposes of this Agreement, JI official communications and notices among the parties shall be deemed made if sent postage. paid to the parties and address set forth below: TO CITY: TO CONTRACTOR: k City Manager Director City of Denton Family Health Care, Inc. 213 E. McKinney St. $13 South Locust Denton, Texas 76201 Denton, Texas 76201 G. This Agreement shall be interpret:d in accordance with the laws of the Slate of Texas and venue of any litigation concerning this Agreement shall be in a court competent jurisdiction sitting in Denton County, Texas. IN WITNESS OF W'H1CJI this Agreement has been executed on thi: th; da}, of .1998. CITY OF DENTON BY: MICnAEL N. JEZ, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY r BY: f R APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 23 I 32 X e . o , j FAMILY HE4LTH CARE, INC. BY: DIRECTOR ATTEST: BOARD SECRETARY r 1 JI F J I 14 i 25 10 3 2 x I❑ r. r I I , © 1 r r J a . City of Denton - Community Development Division Qualifying Income Limits for Federally Assisted Programs FY 1998-99 l Maximum Income Levels Family Moderate Income Low Income Very Low Income Extremely Low Ineoma 81ze 80%- 06% AMI 85V, - 5i%AMI 50%- 31% AMI 30% & Below ANTI r. r . 1 $30,450.524,751 $24,750-$19,051 519,050411,401 511,400 or Below I F-- 2 534,800 - $28,301 $28,300.$21.751 $211.7504113,051 $13,050 or Below 3 $39,150 - $31,651 $31,850 - $24,501 $24,500- $14,701 $14,700 or Below , 4 $43,500 - $35,351 535,350 - $21,201 $27,2004118,301 $18,300 or Below 5 $47,000 - $38,201 $38,200 - $29,401 $29,400 - $17,651 $11,650 or Below 8 $50,500 - $41,001 $41,000 - $31,551 $31,650.$18,951 $18,950 or Below i 7 $57,450 . $46,651 543,900 - $33,751 533,750 - $20,251 $20,250 or Belo rv 8 $55,250. $44,851 $46,650. $35,901 $35,900 - $21,551 $21,550 or Below 1 1 Source: U.S. Department of Housing and Urban Development Effect ve October 1, 1998 .I I; ,r. %0 • 25 5 ~I I Y 1.r , G . (i r ~?T ~x ~}~~yyyy Y'.{3 I` y■ '.V 1 f 0 xweiwy ; p t .runrm. ' BXI~fT ..A.. WORK STATEMENT f FAMILY HEALTH CARE, INC. r Family Health Care, Inc. (FHC) currently provides prenatal care to non-Medicaid eligible pregnant women. These clients have financial diti9culdes and are unable to afford prenatal care without some assistance. Approximately twenty (20) women a month are enrolling in FHC" prenatal program. The funding that was allotted for FY 1998.1999 wilt not be sufficient to assist all of these woman. The services these women will receive include =-dal prenatal visit with history, physical, sonogram, lab work, and social worker assessment Clients are provided the opportunity to attend ~ of childbirth and parenthood classes. Advanced Practice Nurses (APN) will provide client can and consult with the supervising physicians as appropriate. Emergency Medicaid will pay for their delivery at the hospital of their choice by the physician on call h The end result of this accessible prenatal care is a healthy, low risk or managed proble,n pregnancy and delivery. f_ 40 26 y r! O r EXHIBIT "B BUDGET i FAMILY HEALTH CARE, INCORPORATED r I (PRENATAL CLIMC) Initial Visit $114.00 Return or Postpartum $ 47.00 Ultrasound $105.00 Follow up Ultrasound S $5.00 Non-Stress Test S 35.00 Nutritionist Visit S 43.00 Case Management S 35.00 Case Management (phone) S 12.00 Total Budget $20,000 I, .4 . I i Mau 1331 r;• a ~Ic 32Xla s 0 ` I Aprhda No Q~C ~Q~~- ' Agenda lie AGENDA INFORMATION SHEET oats _-,2_ 2 ~ZX/ i AGENDA DATE: October 20, 1998 Questions concerning this acquisition may be directed DEPARTMENT: Finance - Purchasing to Barbara Ross 349-7235 ACM1 Kathy DuBose, 349.8228 SUBJECT AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR TENANT-BASED RENTAL ASSISTANCE ADMINISTRATION PROGRAM, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (BID 0 2269 - TENANT-BASED RENTAL ASSISTANCE. PROGRAM AWARDED TO FAIRHAVEN, INC. IN THE AMOUNT OF S 79,196.00), BACKGROUND Tabulation Sheet F.STINIATED SCHEDULE OF PROJECT The bidder agrees to perform the sen ices outlined in this bid request and the attached proposal for 2 years. This agreement shall commence upon approval and termilate on January 1, 2001. FISCAL INFQR11IAT11ON CDBG funds have been appropriated for this program: Account H 212-0511•EIM51-8502 DID INFORMA110N A Fairhaven, Inc, Retirement Center is a wmprofil retirement facility for low and moderate I income elderly persons. The Center has nine units with rental subsidies from the US Department of Ifousing and Urban Development 011JD), Twe additional rental subsidies are provided through the Fairhaven Foundation. City of Denton HOME program funding will provide no less !hat six subsidies for very low-income households and no less than lao subsidies for petsous with disabilities. Households tnay choose to reside in the Fairhaven Retirement Center or other standard rental units within the corporate limits of ~ 0 7 the City of Denton. ~Q 32XID a t; JOAN" AGENDA INFORMATION SKEET OCTOBER 20, 1998 PAGE 2 OF 2 BID INFORMATION (CONM The following is a list of activities that the CONTRACTOR agrees to implement, 1. Accept referrals of very law income elderly and disabled applicants in need of rental assistance. 2. Provide preliminary scr,ening of referrals to evaluate eligibility for TBRA assistance. 3. Certify that all assisted households meet the City of Denton's Tenant Selection policy standards. 4. Maintain a waiting list of applicants for referral, 3. Market the program affirmatively. 6. Ensure that all contract rents under the programs are reviewed and approved by HUD and the City of Denton. 7. When possible, provide additional services to assist elderly and disabled participants in maintaining their independent living status. 8. Maintain appropriate documentation of the TBRA program and submit and dot.:mentation to the City upnn request. 9. Allow reasonable on-site monitoring by representatives of the CITY and the US Department of Housing and Urban Development. 10. Maintain compliance with HOME program regulations codified at 24 CI'R Pan r , 92. Respectfu'.y submitted: Name; Tom Shaw, C.P.M., 349.7100 Title: Purchasing Agent q Attachment #1: Tabulation Sheet 2 ~~r g. 75 x 32 x I a L i I rl. 1 f w, ,fir..; J 1 1' 4 0 Ian ATTACHMENT # I TABULATION SHEET e BID N 2269 810 NAME TENANT•BASEO RENTAL ASSISTANCE Falrhavan PROGRAM Rstlnmant Home DATE 153a -96 DESCRIPTION VENDOR HE BIDDERS AGREES TO PERFORM TH SERVICES OUTLINED IN CONTRACT ATTACHMENT *A* FOR THE TOTAL AMOUNT OF 676,196.00 (2 years) P ) I4 l ] t u "I r 3 ~T 13 x1o s r u;':'tl _ . t. 04 ~1u► . I 0 ORDINAI,'CE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR TENANT-BASED RENTAL ASSISTANCE ADMINISTRATION PROGRAM, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (BID 4 2269 - TENANT-BASED RENTAL ASSISTANCE PROGRAM AWARDED TO FAIRHAVEN, INC. IN THE AMOUNT OF S 79,196.00). WHEREAS. the City has solicited, received and tabulated competiti re bids for the purchase of necessary materials, equipment, supplies or services in accordance with the ,-+rocedures of STATE law and City ordinances; and WHEREAS, the Ci y Manager or a r :signaled employee has reviewed and recommended that the herein deuribed bids arc the lowest esponsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and W`IIEREAS, 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: i SECTION 1. That the following competitive bids for materials, equipment, supplies, or scrices, described in the "Bid Proposals" on file in the office of City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bia:w for such items: BID 11 EM NUMBER NO. CONTRACTO AMOUNT 2269 ALL FAIRHAVEN, INC. $79,196.00 SECTIQNlj. That the acceptance and approval of the above competitive bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or serices in accordance with the terms, specifications, standards, q•, ntitics and for ,he specified sums contained in the Bid Invitations, Bid Proposals, and related doc menu. t s SEC HOINHI . That the Wily and persons submitting appro%W and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, appruval, and awarding of 1!,c bids, the City Manager or his designated representative is hereby uuthorizcd to execute the written contracts which shall be attached hereto: provided that the written contract is in accordance with the terns, conditions, spec if cations, standards, quantities and specified sums • contained in the Bid Proposal and related documenisiterein approved and accepted. O S 4 i AWMV" X W-91 t r .I 3 s i 0 t , 1 v ~.a:..n H.Y.4 nr.M1!. x.rwF♦xeYVi yyr4r.Ywln,rrw~~...w r~....n. . That b the acceptance and approval of the above competitive 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 the day of ,1996 JACK MILLER, MAYOR r ATTEST: 3ENNIFER WALTERS, CITY SECRETARY I BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: _ 2.269FA1RHAt'£N CONTRACTORDINANCE a { i ' Y ♦ 5 S Y r - Yf *1,s :nr I.r}I,.F~ ^ 10 Vfw /1IMI:' .y , e , +cnASrws , O Yves" V i I 1999 - 2001 TENANT-BASED RENTAL ASSISTANCE ADMINISTRATION AGREEbIENT I BETWEEN THE CITY OF DENTON AND FAIRHAVEN, INCORPORATED This Contract is made and entered into by and between the City of Denton, a Texas municipal corporation, acting by and through its City Manager, pursuant to ordinance, hereinafter referred to as CITY, and Fairhaven, Inc., 2400 N. Bell Avenue, Denton, Texas 76201, hereinafter referred to as CONTRACTOR. WHEREAS, CITY has received certain funds torn the U. S. Deparmtent of Housing and Urban Development under the National Affordable Housing Act of 1990, as amended; and WHEREAS, CITY has adopted a Consolidated Plan that includes a budget for such funds and included therein an authorized budget for expenditure of funds for tenant-based rental assistance to be provided to residents of the Fairhaven Retirement Center, and WHEREAS, CITY has designated the Con,muniry Development Office as the division responsible for the administration of this contract and ill matters pertaining thereto; and WHEREAS, CITY wishes to engage CONTRACTOR to carry out such project; NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound to the mutual obligations and to the performance and accomplishment of the conditions hereinafter described. L TERM This Contract shall commence on or as of January 1, 1999, and shall terminate on January I, 2001, II. RESPONSIBILITIES ` 1 f A. CONTRACTOR hereby accepts the responsibility for the performance of all ' services and activities, described in the Work Statement attached hereto as Exhibit*, in a satisfactory and efficient manner as determined by CITY, in accordance with the terms herein. B, CONTRACTOR's executive director shall be CONTRACTOR's representative t responsible for the management of all contractual matters pertaining hereto, unless written notification to the contrary is received and approved by CITY. The CITY's Community i Development Administrator shall be CITY's representative responsible for the administration of 1 this contract. O ' 6 - r, 32 y I o Maw" o , S 1! PMd.BClff~ III. CITY'S OBLIGATION I A. Limit of Liablilh, CITY will reimburse CONTRACTOR for expenses incurred pursuant hereto in accordance with the prc!ject budget included as a part of Exhibit B, Notwithstanding any other provision of the Contract, the total of all payments and other obligations made or incurred by CITY hereunder shall not exceed the stun of 579,196.00, B. Measure of Liability. In consideration of full and satisfactory services and activities hereunder by CONTRACTOR, CITY shall make payments to CONTRACTOR based on the Budget attached hereto and incorporated herein for all purposes as Exhibit B, subject to the limitations and provisions set forth in this Section and Section VII of this Contract. (1) CITY shall not be liable for any cost or portion thereof which: (a) has been paid, reimbursed or is subject to payment or reimbursement, from any other source; (b) was incurred prior to the beginning date, or after the ending date specified in Section 1; (c) is not in strict accordance with the terms of this Contract, including all exhibits attached hereto; or (d) has not been billed to CITY within thirty (30) calendar days following billing to CONTRACTOR, or termination of the Contract, whichever date is earlier. (2) CITY shall not be liable for any cost or portion thereof which is incurred with respect to any activity of CONTRACTOR requiring prior written authorization from CITY, or after CITY has requested that CONTRACTOR furnish data concerning such action prior to proceeding further, unless and until CITY advises CONTRACTOR to proceed. i (3) CITY shall not be obligated or liable under this Contract to any party other than CONTRACTOR for payment of any monies or provision of any goods or servicA, W. COMPLIANCE 11]Tll FEDERAL, STATE and LOCAL LAWS i CONTRACTOR understands that funds provided to it pursuant to this Agreement are funds that have been made available to CITY by the Federal Government (U.S, Department of Housing • and Urban Development) under the National Affordable Housing Act of 1990, as amended, in Q • accordance with an approved grant application and specific assurances. Aaordingly, CONTRACTOR assures and certifies that it will :omply with the requirements of the National Affordable Housing Act of 1990 as amended and with regulations promulgated thereunder and codified at 24 CFR Part 92 as the HOME In. estmcnt Partnerships program. The foregoing is in no 7 r s; ' N, K ICJ 32xI❑ • e gM10Ci U 4CR~R'.'M1 i way meant to constitute a complete compilation of all duties imposed upon CONTRACTOR by law or administrative ruling, or to narrow the standards that CONTRACTOR must follow. CONTRACTOR agrees to administer a local tenant-based rental assistance program in compliance with regulations at 92.209. f ONTRACTOR will ensure that 4 households receiving Tenant-Based Rental Assistance TBRA'7 meet eligibility criteria as stated in the City of Denton's Tenant Selection Policy and in the HOME regulations of 92.209 (c) . Funding received under the contract will provide TBRA to very low income elderly and disabled households. CONTRACTOR agrees to contutne administration cf TBRA to each designated household for the length of the tenant assistance contract, regardless of change of residence. CONTRACTOR agrees to inform prospective TBRA participants regarding their rights under the program, including portability of the assistance within jurisdictional boundaries. Only households residing in the City of Denton's corporate limits may be provided with TBRA. CONTRACTOR further assures and certifies thzt if the regulations and issuances promulgated pursuant to the Act are amended or revised, it shall comply with them, or notify CITY, as provided in Section VU of this Agreement. CONTRACTOR shall abide by the conditions of and comply with the requ!r: means of the Office of Management and Budget Circular Nos. A-87, A-110 and A-122. CONTRACTOR shall comply with all laws of the United States of America and the State of Texas and ordinances of the City of Dentin in the performance of th+s contract. V. REPRESENTATIONS A. CONTRACTOR assures and guarantees that it possesses the Iegal authority, pursuant to prover, appropriate and official motion, resolution or action pw,sed or taken, to enter into this Contract. 3. The person or persons signing and executing this Contract on behalf of j CONTRACTOR, do hereby warrant and guarantee that he, she, or they have been fully authorized by CONTRACTOR to execute this Contract on behalf of CONTRACTOR and to validly and legally bind CONTRACTOR to all terms, performances and provisions herein set forth. ~ C. CITY shall have the right, at its option, to either temporarily suspend or permanently ' terminate ft4 Contract if there is a dispute as to the legal authority of either CONTRACTOR or the person signing the Contract to enter into this Contract. CONTRACTOR shall pay to CITY any and all money it receives from CITY pursuant to this Contract if CITY suspends or terminates this Contract for the reasons enumerated in this Section. i • D. CONTRACTOR agrees that the funds and resources provided CONTRACTOR p under the terms of this Contract will in no way be substituted for funds and resources from other sources, nor in any way serve to reduce the resources, services. or other benefits which would have been available to, or provided through, CONTRACTOR had this Contract not been executed, a C7 32 x [J o VI. PERFORMANCE BY CONTRACTOR CONTRACTOR will provide, oversee, administer, and carry out all of the activities and services set out in the Work Statement, attached hereto and incorporated herein for all purposes as Exhibit A, utilizing the funds as provided in Exhibit B, coached hereto and incorporated herein for i all purposes and in accordance with all other terms, provisions and requirements of this Contract. No modifications or alterations may be made in the Work Statement without the prior written approval of the CITY's Community Development Admini. rator. VII. PAYMENTS TO CONTRACTOR A. Payments to Contractor. The CITY shall pay to the CONTRACTOR a maximum amount of money not to exceed $79,196.00 for services rendered under this Contract. CITY may pay these funds on a reimbursement basis to the CONTRACTOR within twenty days after CITY has received supporting docLmentation. Failure to request reimbursement on a timely basis, may jeopardize present or fume funding. B. Excess Payment CONTRACTOR shall refund to CITY within ten (10) working days of CITY's request, any sum of money which has been paid by CITY and wlach CITY at an, time thereafter determines: (1) has resulted in overpayment to CONTRACTOR; (2) has not been spent strictly in accordance with the terms of Ns Contract; or (3) is not supported by adequate documentation to fullyjustify the expenditure. { C. Deobligatlon of Funds. In the event that actual expenditures deviate from CONTRACTOR's provision of a corresponding level of performance, as specified in Exhibit A, CITY hereby reserves the right to reappropriate or recapture any such under expended funds. 1 D. Contract Close Out. CONTRACTOR shall submit the Contract close out package M I to CITY, together with a final expenditure report, for the time period covered by the lastjhvoice requesting reimbursement of funds under this Contract, within fifleen (IS) working days following the close of the Contract period. CONTRACTOR shall utilize the form agreed upon by CITY and CONTRACTOR. { Vlll. i WARRANTIES 0 • CONTRACTOR represents and warrants that: A. All information, reports and data heretofore or hereafter requested by CITY and furnished to CITY, are complete and accurate as of the date shown on the information, data, or 9 . r cr 32 x ID ,rum 0 report, and, since that date, have not undergone any significant change without written notice to CITY. B. Any supporting financial statements heretofore requested by CITY and furnished to CITY, are complete, accurate and fairly reflect the financial condition of CONTRACTOR on the date shown on said report, and the results of the operation for the period covered by the report, and that since said date, there has been no material change, adverse or otherwise, in the financial condition of CONTRACTOR. i C. No litigation or legal proceedings are presently pending or threatened against CONTRACTOR. D. None of the provisions herein contravenes or is in conflict with the authority under which CONTRACTOR is doing busLiess or with the provisions of any existing indenture or agreement of CONTRAC'i OR. E. CONTRACTOR has the power to enter into this Contract and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Contract i F. None of the assets of CONTRACTOR are subject to any lien or encumbrance of any character, except for current takes not delinquent, except as shown in the financial statements 1 furnished by CONTRACTOR to CITY. Ir Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payrnent IX. COVENANTS 'A During the period of time that payment may be made hereunder and so long as any payments remain urtliquidated, CONTRACTOR shall not, without the prior written consent of CITY's Executive Director of Planning and Development or his authorized representative: ^ (I) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets of CONTRACTOR now owned or hereafter acquired by it, or permit aejr pre• existing mortgages, liens, or other encumbrances to remain on, or attached to, any assets of CONTRACTOR which are allocated to the performance of this Contract and with respect to which CITY has ownership hereunder; (2) Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, i notes or claims for money due or to become due; (3) Sell, convey, or lease all or a substantial part of its assets; p (4) Blake any advance or loan to, or incur any liability for any other firm, person, entity or corporation as guaranrrr, surety, or accommodation endorser, or 10 10 3zxi❑ 2 5 'A s 0 t Lam" i (5) Sell, donate, loan or transfer any equipment or item of personal property purchased with funds paid to CONTRACTOR by CITY, unless CITY authorizes such transfer. I CONTRACTOR shall, upon written request by CIW, require its employees to attend training sessions sponsored by the Community Development Office. X ALLOWABLE COSTS A. Costs shall be considered allowable only if incurred directly in the performance of and in compliance with this Contract and in conformance with the standards and provisions set forth in Exhibits A and B. B. Approval of CONTRACTOR's budget, Exhibit B, does not constitute prior written approval of the expenditure of funds, even though certain items may appear therein. CITY's prior written authorization is required in order for the following to be considered allowable costs: (1) Encumbrance or expenditure during any one month period which exceeds one-fifth (115) of any budgeted line items for costs as specified in Exhibit B; (2) CITY shall not be obligated to any third parties, including any subcontractors of CONTRACTOR, and CITY funds shall not be used to pay for any contract service extending beyond the expiration of this Contract; (3) Out of town travel; (4) Any alterations or relocation of the facilities on and in which the activities specified in Exhibit A are conducted; (5) Any alterations, deletions or additions to the Personnel Schedule incorporated in Exhibit B; (6) Costs or fees for temporary employees or services; (7) Any fees or payments for consultant services; or ! (g) Fees for attending out of town meetings, seminars or conferences. Written requests for prior approval are CONTRACTOR's responsibility and shall be made within sufficient time to pemvt a thorough rev,ew by CITY. Contractor must obtain written approval by CITY prior to the commencement of procedures to solicit or purchase services, equipment, or real • or personal property. Any procurement or purchase which may be approved under the terms of this p • Contract must be conducted in its entirety in accordance with the provisions of this Contract. 11 e ! 7510 32XIo IL Elk ~[,NX&MAK ~~M-RWINEV~ +11 vamp" o - MAINTENANCE OF RECORDS A. CONTRACTOR agrees to maintain records that will provide accurate, currem, separate, and complete disclosure of the status of the funds received tinder this Contract, in compliance with the provisions of Exhibit B, attached hereto, and with any other applicable Federal and Stafe regulations establishing standards for financial management. CONTRACTOR's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Nothing in this Section shall be construed to relieve CONTRACTOR of fiscal accountability and liability under any other provision of this Contract or any applicable law. CONTRACTOR shall include the substance of this provision in all subcontracts. B. CONTRACTOR agrees to retain all books, records, documents, reports, and written accounting policies and procedures pertaining to the operation of programs and expenditures of funds under this Contract for the period of time and under the conditions specified by CITY, C. Nothing in the above subsections shall be construed to relieve CONTRACTOR of responsibility for retaining accurate and current records which clearly reflect the level and benefit of services provided under this Contract. D. At any reasonable time and as often as CITY may deem necessary, the € CONTRACTOR shall make available to CITY, or any of its authorized representatives, all of its records and shall permit CITY, or any of its authorized representatives to audit, examine, make excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions or employment and all other data requested by said J{ representatives. I Mi. , REPORTS AND INFORMATION I, i At such times and in such form as CITY may require, CONTRACTOR shall furnish such statements, records, data and information as CITY may request and deem pertinent to matters covered by this Contract. CONTRACTOR shall submit quarterly beneficiary and financial reports to CITY--& less than once each three months, with the first reports due on or before Match 30, 1998. The beneficiary report shall detail client information, including race, income, and other statistics required by CITY. The financial report shall include information and data relative to all programmatic and frnancial reporting as of the beginning dale specified in Section I of this Contract. j r Unless a written exemption hus been granted by the CITY. CONTRACTOR shall submit an audit conducted by independent examiners within ten (10) days after receipt of such. 0 t 12 32xId OKI p I Mom* i xill. ` MONITORING AND EVALUATION I A. CITY shall perform on-site monitoring of CONTRACTOR's performance under this Contract. B. CONTRACTOR agrees that CITY may cant' out monitoring and evaluation activities to nsure adherence by CONTRACTOR to the Work Statement which is attached hereto as Exhibit A, as well as other provisions of this Contract. C. CONTRACTOR agrees to cooperate fully with CITY in the development, implementation and maintenance of record-keeping systems and to provide data determined by CITY to be necessary for CITY to effectively fulfill its monitoring and evaluation responsibilities. D. CONTRACTOR agrees to cooperate in such a way so as not to obstruct or delay r CITY in such monitoring and to designate one of its staff to coordinate the monitoring process as requested by CITY staff. I E. After each official monitoring visit, CITY shall provide CONTRACTOR with a written report of monitoring findings. F. CONTRACTOR shall submit copies of any fiscal, management, or audit reports by any of CONTRACTOR's funding or regulatory bodies to CITY within five (S) working days of receipt by CONTRACTOR XIV. DIRECTORS' MEETINGS During the term of this Contract, CONTRACTOR shall cause to be delivered to CITY copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to CITY in a timely manner to give adequate notice, and shall include an agenda and a brief descriptioi of the matters to be discussed. CONTRACTOR understands and agrees that CITY representatives shall be afforded access to all of the Board of Directors' meetings. Minutes of all meetings of CONTRACTOR's governing body shall be available to CITY within ten (10) working days of approval, f XV, INSURANCE ! A. CONTRACTOR shall observe sound business practices with respect to providing 1 such bonding and insurance as would provide adequate coverage for services offered under this ~ Contract. I B. CONTRACTOR shall obtain, for the premises on and in which the activities described in Exhibit A are conducted, and for the employees conducting these activities, Premise liability insurance, commonly refereed to as Owner, tenant coverage, with CITY named u an I 13 ~ i ' t a I " arJ{1x Jam,.. JG~10 k 1 O 1 additional insured. Upon request of CONTRACTOR, CITY may, at its sole discretion, approve alternate insurance coverage arrangements. C. CONTRACTOR will comply with applicable workers' compensation statutes and will obtain employers' liability coverage where :mailable and other appropriate liability coverage for program participants, if applicable. I D. CONTRACTOR will maintain adequate and continuous liability insurance on all vehicles owned, leased or operated by CONTRACTOR. All employees of CONTRACTOR who are require! to drive a vehicle in the normal scope and course of their employment must possess a valid Texas driver's license and automobile liability insurance. Evidence of the employee's current possession of a valid license and insurance must be maintained on a current basis in CONTRACTOR's files. E. Actual losses not covered by insurance as required by this Section are not allowable costs under this Contract, and remain the sole responsibil;ty of CONTRACTOR. XVI. EQUAL OPPORTUNITY A, CONTRACTOR shall submit for CITY's approval a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, within thirty (30) days of the effective date of this Contract. B. CONTRACTOR shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. C. CONTRACTOR will furnish all information and reports requested by the CITY, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, state and Federal rules and regulations. D. In the event of CONTRACTOR's non-compliance with the non-discrimination I requirements, City may cancel or terminate the Contract in whole or in pan, and CONTRACTOR 1 may be barred from further contracts with CITY. XVII. ! PERSONNEL POLICIES CONTRACTOR shall establish and maintain I personnel policies which shall be available for examination. Such personnel policies shall; E A. Be no more liberal than CITY's personnel policies, procedur, s, and practices, including policies with respect to employment, salary and wage rates working noun and holidays. p binge benefits, vacation and sick leave privileges, and travel: and B. Be in writing and shall be approved by the governing body of CONTRACTOR and by CITY. 14 0 32 x I D 0 0 X V M. CONFLICT OF rNTEREST A. CONTRACTOR covenants that neither it nor any member of its governing bode , presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract. CONTRACTOR further covenants that in the performance of this Contract, no person hawtg such interest shall be employed or appc'nted as a member of its governing body. B. CONTRACTOR further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of beutg motivated by desire for private gain for himself, or others, particularly those with which he has family, business, or other ties. C. No officer, member, or employee of CITY and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or canyin,j out of this Contract shall (t) participate in any decision relating to the Contract which j affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interest; or (2) have any interest, direct or indirect, in this Contract or the proceeds thertof XLX. d NEPOTISM CONTRACTOR shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by CONTRACTOR, o is a member of CONTRACTOR's governing board. The term "member of immediate family' includes: wife, a husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. XX. l FUNDING APPLICATIONS 1 CONTRACTOR agrees to notify CITY each time CONTRACTOR is preparing or submitting any application for funding for the program described in Exhibit B in accordance with the following procedures: Jl~ A, When the application is in the planning <tages, CONTRACTOR shall submit to CITY a description of the funds being applied for, and the proposed use of funds. I B. Upon award of or notice of award, whichever is sooner, CONTRACTOR shall J notify CITY of such award and the effect, if anv, of such funding on the funds and program(s) contracted hereunder. Such notice shall be submitted to CITY, in writing, within ten (10) working p • days of receipt of the notice of award or funding award by CONTRACTOR, together with copies of the budget, program description. and contract. 15 32x00 i MAN" , r Q r ` 1 i C. CONTRACTOR shall not use funds provided hereunder, either directly or indirectly, as a contribution, or to prepare applications to obtain any federal or private funds under any federal or private program without the prior written consent of CITY. ?tXI. , CHANGES AND j VENDSIENTS A. Any alterations, additions, or deletions to the terms of this Cmitract shall be by written amendment executed by both parties, except when the terms of this Contract expressly provide that another method shall be used. B. CONTRACTOR may not make transfers between or among approved line-items within b-.dget categories set forth in Exhibit B without prior written approval of CITY. CONTRACTOR shall request, in writing, the budget revision in a form prescribed by CITY, and such request for revision shall not increase the total monetary obligation of CITY under this Contract, In addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded under ails Contract. i C. CONTRACTOR will submit revised budget and program Information whene,.er the level of funding for CONTRACTOR or the program(s) described herein is altered according to the total levels contained in any portion of Exhibit B. D. It is understood and agreed by the panics hemto that changes in the State, Federal or local laws or regulations pursuant hereto ma) occur during the term of this Contract. Any such modifications are to be automatically incorporated into this Contract without written amendment hereto, and shall become a pan of the Contract on the effective dale specified by the law or regulation. E. CITY may, from time to time during the term of the Contract, request changes in Exhibit A, wlJch may include an increase or decrease in the amount of CONTRACTOR'S compensation, Such changes shall be incorporated in a written -amendment hereto, as provided In Subsection A of this Section, F. Any alterations, &lctions, or additions to t:,e Contract Budget Detail incorporated in III Exhibit B shall require the prior written approval of CITY. i { p 0. CONTRACTOR agrees to notify CITY of any proposed change in physical location for work performed under this Contract at least thirty (30) calendar days in advance of the change. ' H. CONTRACTOR shall notify CITY of any changes in personnel or governing board compositic n. 1. It is expressly understood that neither the performance of Exhibit A for any program Q contracted ;ureunder nor the transfer or funds between or among said programs will be permitted, If Wod A., - I L L I _ - - - - - _1 e , a I XXU. SUSPENSION OF FUNDING Upon determination by CITY of CONTRACTOR's failure to timely and properly perform each of the requirements, time conditions and duties provided herein. CITY, without limiting any rights it may otherwise have, may, at its discretion, and upon ten (10) working days written notice to CONTRACTOR, withhold furher payments to CONTRACTOR. Such notice may be given by mail to the Executive Officer and the Board of Directors of CONTRACTOR. The notice shall set forth the default or failure alleged, and the action required for cure. The period of such suspension shall be of such duration as is appropriate to accomplish corrective action, but in no event shall it excead thirty (30) calendar days. At the end of the suspension period, if CITY determines the default or deficiency has been satisfied, CONTRACTOR may be restored to full compliance status and paid all eligible funds withheld or impounded during the suspension period. If, however, CITY determines that CONTRACTOR has not come into compliance, the provisions of Section X= may be effectuated. XMIL TERMINATION A. CITY may terminate this Contract with cause for any of the following reasons; (1) CONTRACTOR's failure to attain compliance during any prescribed period of suspension as provided in Section M. (2) CONTRACTOR's violation of covenants, agreements or guarantees of this Contract. (3) Termination or reduction of funding by the United States Department of Housing and Urban Development, (4) Finding by CITY !.',at CONTRACTOR; (a) is in such unsatisfactory financial condition as to endanger performance under this Contract; (b) has allocated inventory to this Contract substantially exceeding reasonable requirements; (c) Is delinquent In payment of tares, or of costs of performance of this Contract in the ordinary course of business. (S) Appointment of a trustee, receiver or liquidator for all or substantial part of p CONTRACTOR's property, or institution of bankruptcy, reorganization, rearrangement of or liquidation proceedings by or against CONTRACTOR. 17 ''aqr r"x y fit. ? 5 K 10 32X 10 w. r , Avow= 0 MOYMPAP f (b) CONTRACTOR's inability to conform to changes required by Federal, State and local laws or regulations u provided in Section IV, and Section X3a (D), of this Contract. (7) Thi commission of an act of banlauptcy, I (8) CONTRACTOR's violation of any law or regulation to which CONTRACTOR is bound or shall be bound under the terms of the Contract. CITY shall promptly notify CONTRACTOR in writing of the decision to terminate and the effective date of termination. Simultaneous nodee of pending termination maybe made to other funding sources specified In Exhibit B. B. CITY may terminate this Contract for convenience at any time. If this Contract is terminated by CITY for convenience, CONTRACTOR will be paid an amount not to exceed the total of accrued exper !cures as of the effective date of termination. In no event will this j compensation exceed an amount which bean the same ratio to the total compensation 23 the services actually performed bears to the total services of CONTRACTOR covered by the Contract, less payments previously made. C. CONTRACTOR may terminate this Co uract in whole or in part by written notice to CITY, if a termination of outside funding occurs upon which CONTRACTOR depends for performance hereunder. CONTRACTOR may opt, within the limi,ations of this Contract, to seek an alternative funding source, with the approval of CITY, provided the termination by the outside funding source was not occasioned by a breach of contract as defined herein or v defined in a contract between CONTRACTOR and the fttnding source in question. CONTRACTOR rr.y terminate this Contract upon the dissolution of CONTRACTOR's organization not occasioned by a breach of this Contract. D. Upon receipt of notice to terminate, CONTRACTOR shall cancel, withdraw, or otherwise terminate any outstanding orders or subcontracts which relate to the performance of this Contract. CITY shall not be liable to CONTRACTOR or CONTRACTOR's creditors for any expenses, encumbrances or obligations whatsoever incurred after the termination date. i i E. Notwithstanding any exercise by CITY of its right of suspension or ternAadon, CONTRACTOR shall not be relieved of liability to CITY for damages sustained by CITY by virtue of any breach of the Contract by CONTRACTOR, and CITY may withhold any reimbursement to CONTRACTOR until such time u the exact amount of damages due to CITY from CONTRACTOR is agreed upon or otherwise determined. I XXIV. NOTIFICATION OF ACTION BROUGHT p In the event that any claim, di .and, suit or other action is made of brought by any I person(s), firm, corporation or other entity against CONTRACTOR. CONTRACTOR shall give written notice thereof to CITY within two (2) working days after being notified of such claim, demand, suit or other action. Such notice shall state the date and hour of not!fleation of any such 19 r 4,~ x Ire 32x111 r o O ~.w claim, demand, suit Or other action; the names and addresses of the person(s), firm, corporation or other entity making such claim, or that instituted or threatened to institute any type of action or proceeding; the basis of such claim, action or proceeding; and the name of any person(s) against whom such claim is being made or threatened. Such written notice shall be delivered either personally ar by mail XXV. INDEMNIFICATION A. It Is expressly understood and agrexd by both parties hereto that CITY Is contracting with CONTRACTOR as as Independent contractor and that as such, CONTRACTOR shall save and hold CITY, Its officers, agents and employees harmless from all liability of any nature or kind, Including costs and expenses for, or on account of, any claims, audit exceptions, demands, suits or damages 6f stay character whatsoever resulting to whole or in part from the performance or omission of any employee, agent or representative of CONTRACTOR. B. CONTRACTOR agrees to provide the defense for, and to indemnify and hold harmless CITY Its agents, :employees, or contractors from any and all claims, suits, causes of action, demands, damages, losses, attorneys fees, expenses, and liability arising out of the use of these contracted funds and program sciml istradon and implementation except to the extent caused by the willful act or omission of CI'T'Y, Its agents or employees. XXVI. MISCELLANEOUS A. CONTRACTOR shall not transfer, pledge or otherwise assign this Contract or any Interest therein, or any claim arising thereunder, to any party or parties, bank, trust company or other financial institution without the prior written approval of CITY. I B. If any provision of this Contract is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. C. In no event shall any payment to CONTRACTOR hereunder, or any other act or failure of CITY to insist in any one or more instances upon the terms and conditions of this Contract constitute or be construed in any way to be a waver by CITY of any breach of covenant or default which may then or subsequently be committed by CONTRACTOR. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to CITY to enforce its rights hereunder, which tights, powers, privileges, or remedies are always specifically preserved. No representative or agent of CITY may waive the effect of this provision. e D. This Contract, together with referenced exhibits and attachments, constitutes the Q • entire agreement between the parties hereto and may not be altered, modified or amended unless such alteration, modification or amendment Is in writing signed by both parties. E. In the event any disagreement or dispute should arise between the parties hereto oeriaining to the interpretation or meaning of any part of this Contract or its governing rules, codes, l tl ► ~ r ~ r, El 32 x F , 0 k M ti . r . . r v.. a.. , .u n.. « «r... m.vw..».n,.,~;..u....v...w..~e.«r.,.....r.«.. i laws, ordinances or regulations, CITY as the party ultimately responsible to HUD for matters of compliance, will have the final authority to render or to secure an interprotation ; F. For purposes of this Contract, all official communications and notices among the parties shall be deemed made as of the date mailed if sent postage paid to the parties and address set forth below: TO CITY: TO CONTRACTOR: City Manager Cheryl Harding City of Denton Fairhaven, Inc, 213 E, McKinney St. 2400 N. Bell Avenue Denton, Texas 76201 Denton, Texas 76201 IN WITNESS OF WHICH this Contract has been executed on this the day of E - '1998. CITY OF DENTON, TEXAS tUCMAEI M. JEa, CtTY MANAGER A17EST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY ' FAIR IAV EN, INC. s BY: ATTEST: SECRETARY BY: 20 i 25 x 10 32 x WON MIA e AM" e I 1 EXHIBIT "A" WORK STATEMENT Fairhaven, Incorporated Retirement Center Fairhaven, Inc, Retirement Center is a nonprofit retirement facility for low and moderate income I elderly persons, The Center has nine units with rental subsidies from the US Department of Housing and Urban Development (HUD). Two additional rental subsidies are provided through the Fairhaven Foundation. City of Denton HOME program funding will provide no less that six M subsidies for very low income households and no less than two subsidies for persons with disabilities. Households may choose to reside in the Fairhaven Retirement Center or other standard rental units within the corporate limits of the City of Denton. The following is a list of activities that the CONTRACTOR agrees to implement. I. Accept referrals of very low Income elderly and disabled applicants in need of rental assistance. 2, Provide preliminary screening of referrals to evaluate eligibility for TBRA assistance. I 3. Certify that all assisted households meet the City of Denton's Tenant Selection Policy standards. 4, Maintain a waiting list of applicants for referral. 5. Market the program affirmatively, 6. Ensure that all contract rents under the program are reviewed and approved by HUD and the City or Denton. 7. When possible, provide additional services to assist elderly and disabled participants in maintaining their independent living status. 8. Maintain appropriate documentation of the TBRA program and submit said documentation to j the City upon request. 9. Allow reasonable on-site monitoring by representaGs of the CITY and the US Department of Housing and Urban Development, 10. Maintain compliance with HOME program regulations codif ed at 24 CFR Part 92. tt 25 K 32x10 , • i stam>ws 5 n uww.M I :....mom.... e.~. EXHIBIT "Br' BUDGET Fairhaven Incorporated, Retirement Center Rental Subsidy Payments $74,346 Program Administratica S 4,830 (Including but not limited to salaries, advertising, supplies, telephone, postage) Total Budget S79,196 I 'I i M { 401 27 .A A z.~ Y 10 32x10. 0 Agenda No.._ Agenda item Dale ~l1~~-~ ! AGENDA INFORMATION SHEET AGENDA DATE: October 20, 1998 Questions concerning this acquisition may be directed DEPARTMENT- Finance - Purchasing to Tom Sha" 349.7100 ACM-. Kathy DuBose, 349-8228V i SUBJECT AN ORD1N'ANC'.i AUTHORIZING THE CITY MANAGER TO ACCEPT AN INTERLOCAL AGREEMENT WITH DENTON COUNTY TO AUTHORIZE PARTICIPATION IN VARIOUS DENTON COUNTY CONTRACTS FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE. (FILE #2292 - INTERLOCAL AGREEMENT WITH DENTON COUNTY). BACKGROUND The Intcrlocal Cooperative Act, V.T.C.A. Government Code Chapter 791 authorizes respCOM participating governments to enter into joint contracts and agreements for the purchase of necessary materials, supplies and services. Over the past several years the City of Denton and Denton County have entered into cooperative purchasing agreements that have been highly beneficial to the taxpayers through anticipated savings. the attached agreement is a renewal of authorization to participate in contracts awarded by Denton County for various goods and services. Any acquisition exceeding 515,00000 will be presented to Council for approval prior to issuing a purchase order. fi ESTIMATED SCIJEDULE OF PROJECT This agreement is effective upon approval by the Denton County Commissioners Court 1 and will remain i t effect until terminated by either party, S. I'M . 1 CTION/REMEW tC'ouncll. Boards. Commissional O ' y, The City Council authorized Denton County to participate in our contracts rot supplies and scn ices on June 17, 1997. 1 , 10 32XIO 5.• l F e i , I O I f Ile CEaLYD •.r F a i .~....s:..vtuwe.. ....;».rv..awa.aes+wu,ne..v~srnMM •uri~mwe.ws , i AGENDA WFORNIATION SHEET ; OCTOBER 20, 1998 PAGE 2 OF 2 FISCAL INFOPMATION Each acquisition based on this agreement will follow the fiscal verification policy of the City of Denton and be charged to the appropriate budget account. AGREEMENT INFORMATION This Interlocal Agreement will allow the city of Denton to utilize contracts for supplies and services competitively bid by Denton County. In the past we have purchased such items as police sedans, tires, corrugated metal pipe, Lubricants and oils, road materias and other supplies from similar agreements. The bid process followed by Denton County meets all State b;riding regtlirentcnts and bid opportunities are extended to all local suppliers. We recommend approval of this Imcrlocal Agreement. Respectfully submitted: Name; Tom Shaw, C,P,M., 349.7100 Title: Purchasing Agent i e ~ II2U MirND,( 1 fp` 3 1 0 ' l 1I 2 t yr y. rr , 4 32 X A- O 7 A1MIrt01!! - K. i . ax;i4W a ~ S.. a ♦ R,../•.' nMr'q.¢W'W:-0e+v.nY .,Mgiaii!M+~, e.-ahnn::.nm.. ~ 1 } , i y ORDINANCE NO. ' I AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT AN INTERLOCAL AGREEMENT WITH DENTON COUNTY TO AUTHORIZE PARTICIPATION N VARIOUS DENTON COUNTY CONTRACTS FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS; AND DECLARING AN EFFECTIVE DATE. (FILE 02292•INTERLOCAL AGREEMENT WITH DENTON COUNTY). i THE COUPLE OF THE C11 Y OF DENTON HEREBY ORDAINS; SECTION 1. That the City Manager is hereby authorized to execute the attached agreement., a copy of Abich is attached hereto and incorporated by reference herein. ' SECTION 11, That the City Manager is authorized to expend funds pursuant to the agreement for the purchase of various goods and services. 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 r ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _ r 'I APPROVI 1) AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY IN I ERLOCAL DO( V, 3 k 10 32 x. 0 1 ti I COOPERATIVE PURC8ASIN0 AGREEMENT STATE OF TEXAS COUNTY OF DENTON Y THIS AGREEMENT is made on the day of ; 1998, between the City/Town of State of Texas, and the County of Denton, Texas, each referred to herein as participating governments. WHEREAS, the respective participating governments are authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code, Chapter 791, to gnter into joint contracts and agreements for the performance of governmental functions and services including administrative functions normally associated with the operation of government such as purchasing of necessary materials and supplies; WHEREAS, it is the desire of the aforesaid participating governments to comply with and further the policies and purposes of the Interlocal Cooperation Act; WHEREAS, the participating governments cannot normally obtain the best possible purchase price for materials and supplies acting individually and without cooperation; and WHEREAS, it is deemed in the best interest of all participating governments that said governments do enter into a mutually satisfactory agreement for the purchase of certain materials and supplies for the Denton County fiscal year 1998- 1999. WHEREAS, the parties, in performing governmental functions or in paying for the performance of governmental functions hereunder shall make that performance or those payments from current revenues legally available to that party; NOW, THEREFORE, the parties hereto. in consideration of the mutual covenants and conditions contained herein and pursuant to the authority permitted under the Interlocal Cooperation fit, 0 promise and agree as follows; { I. Purpose The purpose of this Agreement is to authorize participation of the City/Town of _ in various Denton County contracts for the purchase of various goods and services. O Participation in this cooperative program will be highly y, beneficial to the taxpayers of the City/Town through anticipated savings to be realized. 4 K I D 32 x I a 0 M aaa~w I i Is. Duration of Agreement This Agreement shall be in effect from the date of execution until terminated by either party to the agreement. III. Relationship of Parties It is agreed that the City/Town, in receiving products and /or services specified in this agreement, shall act as an independent purchaser and shall have control of its needs and the manner in which they are acquired. Neither the City/Town, its agents, employees, volunteer help or any other person operating under this contract shall be considered an agent or employee of Denton county and shall not be entitled to participate in any pension plans or other benefits that Denton County provides its employees. Denton County shall notify all participating entities of available contracts to include terms of contract, commodity cost, contact names and addresses. Denton County shall keep participating governments informed of all changes to the Cooperative Purchasing list of contracts. Nothing in this agreement shall prevent any participating government from accepting and awarding bids for commodities subject to this agreement individually and in its own behalf. IV. Purchase of Goods and Services All products and services shall be pLwcured by Denton County in accordance with procedures governing competitive bids and competitive proposals. The participating government will be able to purchase from those contracts established by Denton County where notice has been given in the specifications and successful bidder has accepted terms for cooperative Purchasing Agreements fir local governments within Denton County. r The participating governments hereto agree that the ordering of products and services through. this agreement shall be their individusi responsibility and that the successful bidder or bidders shall bill each participating government directly. The participating yavernments agree to pay successful bidders directly for all products or services received from current revenues available for such purchase. Each participating p government shall be liable to the successful bidder only for products and services ordered by and received by it, and shall not by the execution of this agreement assume any additional liability. 5 F 32 xd O 'mw:;ar 4 I i k Denton County does net warrant and is not responsible for the quality or delivery of products or services from successful bidder. The participating government shall receive all warranties provided by successful bidder for the products or services purchased. In the evert that any dispute arises between individual participating government and a successful t,_O%er, the same shall be handled by and between the participating government body and the bidder. LJ WITNESS WHEREOF, the parries hereto have caused this agreement to be executed by their authorized officers thereon the day and the year first above written. I DENTON COUNTY, TEXAS ff f . By: Jeff A. Moseley By: Denton County Judge Acting on behalf of and by authority of the Denton County Commissioners Court i 1 Approved as to content: Director of Purchasing 41 • Ii 1 Approved as to form: Assistant District Attorney 10 32 'X' lawman Q Y'-\I:" „A, x. .rt.w .1..r .w .avf ti~mw~w M.us..a~+xnRaFn,urM..rs•r.ns»., ~ ' - 3 Apenae Na Agenda Item - Date __J%~?J[Yl AGENDA INFORMATION SHEET AGENDA DATE: October 20, 1998 Questions concerning this acquisition may be directed " DEPARTMENT: Finance - Purchasing to Paulette Owens-Holmes 349-8344 i ACM: Kathy DuBose, 349-8228 SUBJECT AN ORDINANCE PROVIDING OF THE EXPENDITURE OF FUNDS FOR PURCHASE OF MATERIALS, SUPPLIES OR SERVICES FOR THE PURPOSE OF PRESENTING THE SEVEN HABITS OF HIGHLY EFFECTIVE PEOPLE TRAINING . WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH ' THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; PROVIDING AN EFFECTIVE DATE. (PURCHASE ORDER # 90111 TO COVEY LEADERSHIP CENTER IN THE AMOUNT OF $51,000.00). BACKGROUND The "Seven Habits of Highly Effective People" training was implemented in November of 1995. The 1998199 budget of $51,000.00 will allow for approximalrly twelve (12) workshops and the training of approximately two hundred and forty (240) City of Denton employees. This is a continuation of the five-year plan to extend this leadership training to all City of Denton employees. ESTIMATED SCHEDULE OF PROJECT Training will be scheduled on a monthly basis with approximately 20 employee in each workshop. FISCAL INFORINIATION Funds for this training are available in the 1498/99 budget account # 100.031.020M- 8591, y k ' { i 4 1 s 32XI❑ rt 1. 0 t , . ........x..a r. 6ur.:,wn nn .T. v.n wnrmwrM .n .rs+wrv.,.,i...r. . ~ I I AGENDA INFORMATION SHEET OCTOBER 20, 1998 PAGE 2 OF 2 PURCHASE ORDER INFORMATION This purchase order is for the acquisition of profiles, manuals and freight charge for the "Seven Habits of Effective People" leadership training. This is a sole source purchase, available only from the Covey Leadership Center and protected by copyright. Purchases of this nature are exempt from the competitive bid process as per Chapter 252 of the Texas Local Government Code. We recommend approval of Purchase Order # 90111 to Covey Leadership Center in the amount of $51,000.00. ` Respectfully submitted: ~ ~ ^ 5 I ~I Name: Tom Shaw, C.P.M., 349.7100 1 Title: Purchasing Agent JI Attachment # 1: Purchase Order #90111 to Covey Leadership Center I R2I AGENDA " I + i i •v I , r , i r 2 z I, l•,a a' ?b32 x H y Q l PURCHASE ORDER NO: 90111 THIS IS A8 xxx this number rnusl appear on all COWIRMING ODER a.vo(ces, donvefy slips. uses, IIF MARKED) tins, boxes, pack" slips and bills. . DO NOT DUPLICATE - N Req No. Bid No Dalr 10 07 98 Pape No. 01 b CITY OF DENTON TEXAS PURCHASNVG DIVISION 1 901-8 TEXAS STREE} 1 DENFOR TEXAS 76201-4354 9401349-7100 DIFW METRO 817!267-0042 FAX 9401349-/302 ° VENDOR COVEY/FRANKLIN COVEY NAMEI 1' 0 BOX 19008 DELIVERY CONFIRMATION ONLY C12 ADDRESS ADDRESS HUNAN RESOURCES (PERSONNEL) ''Vivo UT 84605-9925 601 E IIIC:'ORY ST SUITE A DENTON, TN 76205 ATTM3 CUSTOMER SERVICE VENDOR NO. COV15000 DELIVERY OUOTFD 10 21 98 FOB DESTINATION BIDER TS TERMS i s.• J < 7 LINE OLIA 7-77 001 50000.00 SS VENDOR CAT. I N / A MFG NAME 1.000 SD,000.00 CITY 18100 FISCAL YEAR 98/99 PROFILES AND MANUALS 002 1000.00 $S VENDOR CAT. I N / A MFG NAME 1.000 1,000.00 CITY 16100 SNIPPING CHARGES r" • ~ I P GE TOTAL s 51,000.011 GR MD TOTAL a 51,000.00 100 041 020M 8591 51,OOD.00 rv n.r«.I YINfIU4 INl1MU41rON5. 1 leans NO 10 1 Se114 oriymal mvmce Milh d4heals COPY 4 sh.pil neee,hau 1011 Ikshnahw' Proa'4 n.....,. .M..,...,..n.,u 2 OJI It Aricivoa Payable S Not Ir.hrr,l u, sral• f,hq I.. I,dl Lr m.Lulyd PIS I MiY111110 So el pi 114 WJlyd I'ia, Iu.l.gl fhm.n dl 7~xlq 32X10 w~ . . O ' 0 1 ORDINANCE NO. j AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASE OF MATERIALS, SUPPLIES OR SERVICES FOR THE PURPOSE OF PRESENTING THE SEVEN HABITS OF HIGHLY EFFECTIVE PEOPLE TRAINING WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; PROVIDING AN EFFECTIVE DATE. (PURCHASE ORDER # 90111 TO COVEY LEADERSHIP CENTER IN THE AMOUNT OF 551,000.00). WHEREAS, 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 because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas„ water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION L That the following purchase of materials, equipment or supplies, as described in the "Purchase Orders" attached hereto, are hereby approved: i PURCHASE ORDERNUMBER VENDOR AMOLtNT a, M 90111 COVLY LEADERSIIIP CENTER $51,000.00 SECTION 11. Thal the acceptance and approval of the above items shall not constitute a Contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing 4 Department. SECTION 111, That the City Manager is hereby authorized to execute a:iy O contracts relating to the items specified in Section l and the expenditure of funds pursuant to said contracts is hereby authorized 4 WS r-11, 10 32 X 1 r . n/. ..'(Tkh iaAr~ _ ..\rn .c ~ n.ayv aii4Y^wMa.i b!,r M+rMtaa'n Nl~c rta1 k~,..r. n.. . . SECTION IV. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 11998. ,s• JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 90111-SOLE SOURCE i 1 v M-Jff T, t 1a 26 x ~Q 32xI❑ O Agenda No . Aponda e LY~fG __"11. t% Dal AGENDA INFORMATION SHEET AGENDA DATE: October 20, 1998 Questions concerning this acquisition may be directed + DEPARTMENT: Finance - Purchasing to Bruce Ilenington 349-7200 i ACM: Kathy DuBose, 349.872 IV SUBJECT AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A TWO YEAR CONTRACT FOR THE PURCHASE OF JANITORIAL SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID # 2279-JANITORIAL SERVICES AWARDED f0 BRITTON BUILDING MAINTENANCE IN THE AMOUNT OF 5210,430.00 PER YEAR). BACKGROUND Tabulation Sheet ESTIMATED SCHEDULE OF PROJECT This contract will start November 1, 1998 and run through September 30, 2000. FISCAL INFORMATION Finds for the first year of this contract is available in the 1998/99 Facilities Management budget account #100-032-0002-8302 and 100-032.0002.8111. DID INFORMATION , This bid is for the Janitorial Sen ices for most of the City buildings with the exception of Parks and Recreation facilities. Janitorial sen ices for Parks and Recreation facilities are bid on the off year of this contracr. The contract is for full custodial set ices including pal^-r products and carpet cleaning for 0 the building listed on the tab slicet attached. The lesser priced offer from SaniTech failed 0 0 to meet the specification requirement for references for contracts equal in size and scope to total square footage ofihc building being bid. The cleanliness and appearance of out public buildings are very important to+ ur operations. 1 r . t • to r r t , , • t 1 p u • r uWrrv w. vi...• w:s rf AY\nnAY.WI'rtw.1M'MVrreM+M1 rln4Jn'w.r.. . r • ~ •1 AGENDA INFORMATION SHEET I OCTOBER 20, 1998 PAGE 2 OF 2 r ' `c BID INFORMATION (CON'T) We feel that the proven ability for a contractor to perform on similar square footage projects is critical to our evaluation of the initial bids. =1 We recommend award to the lowest bidder meeting specification, Britton Building Maintenance, in the annual am: unt of $210,430.00. J' r ,r Respectfully submitted: Name: Tom Shaw, C.P.M., 349.7100 Title: Purchasing Agent Attachment tl1: Tabulation Sheet 1121 MINIM i S , f J ' i v 2 r I e• *w°' ca ~5 x 0 32.X' W. 0 ' s I , ATTACHMENT / 1 , TABULATION SBEST BUILDING SANITECH BRITTON MEMBERS City Hail $2-6-p-40- $25,500 $30 168 ' t Hall West 20.94 0 19,632 14,364 Airport 3,240 2,340 1,632 Animal Control 4,440 4,500 7,692 Libra - South Branch 11,256 12,960 1 P 056 Libra - Emil Fowler 22,776 23,760 22,128 Traffic 2 280 2 364 1,476 Fleet Services 2 280 1440 1,500 1 Purchasin Z640 4,080 1,356 Service Center 14 340 26,472 23,268 Communications 1,140 L 1,344 Facilities Management 5 544 1,644 816 City Hall East: Human Resources 5 100 5 160 4,092 Information Services 3 900 4,380 5,100 Municipal Court 6,700 6,688 4,812 Police 23 460 34 692 38,220 City Hall East Floors 7,500 7.332 19,104 Customer Service ! Tax 3,936 2,376 1.320 r Cleaning Sub-Total: $188,612 $186,620 $188,448 'Carpet 6 032 8.350 6,450 613aper 26,400 16%0 30.0W { TOTAL: $198,944 $210,40 :224,898 i j 4 3 32xI❑. Alt 0 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A TWO YEAR CONTRACT FOR THE PURCHASE OF JANITORIAL SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID 9 2219-JANITORIAL SERVICES AWARDED TO BRITTON BUILDING MAINTENANCE IN THE AMOUNT OF $210,430.00 PER YEAR). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or scr ices in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS. the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: oECTION 1. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER O VENDOR AMOUN 2219 ALL BRITTON BUILDING MAINTENANCE 5210,430.00 SECTION 11. That by the acceptar x and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and 1 agrees to purchase the materials, equipment, supplies or services in accordarce with the te$pms, specifications, standards, quantities and for the specified sums contained in the Bid lm itatious, Bid Proposals, and related documents. SECTION II . That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, appro%A, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract wh°.ch shall be attached hereto; provided that the written O ecatract is in accordance with the terms, conditions, specifications, standards, quantities and . e specified sums cortained in the Bid Proposal and related documents hetcin apprv~ed and aceept:d. j 4 i ~El 32x~Q i I • 1 .Iw.•:»n,m, c. w..:,... o. si:....,.a:w.wsa,+w w..Nwes~uMwr4e. ,.~.w.w d.. I SECTION IV. That by he 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 A!th the approved bids or pursuant to a written contract made pursuant thereto as i authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. t PASSED AND APPROVED this day of 1998. I JACK MILLER, MAYOR r' ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: I APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 2779 SUPPLY. ORDINANCE 5 E r 6 i f t ,6 ryxN■ I, Y. I°r±k S r.Gi /:J l.J I 3/ • a ii . A O . d.A f •4;Y3 f "yv..'N P.i .:Y an.,p.-rv: ~ ,.e... 1111 , Agenda No Agenda Item Date AGENDA INFORMATION SHEET i AGENDA DATE: October 20, 1998 Questions concerning this acquisition may be directed DEPARTMENT: Finance -Purchasing to Diana Ortiz 349-8224 Tom Josey 349-B51 S i ' ACM: Kathy DuBose, 349-8228 )k 9 SUBJECT AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF A COURT SYSTEM SOFTWARE PACKAGE INCLUDING SOFTWARE, MAINTENANCE, AND RELATED SERVICES AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (PURCHASE ORDER # 90104 TO COURT SPECIALISTS, INC. IN THE AMOUNT OF S 118,055.00). BACKGROUND The Municipal Court has been automated through a software system for the past nine years. This system has been determined to be noncompliant with year 2000 operation. The continued automation of the Municipal Court will require a new automation ~ application. A search was performed to find a suitable software application for the Municipal Court and the Court Specialists, Inc, application was found to have the proper characteristics needed to automate the Municipal Court operation for the foreseeable future. ESTIMATED SCHEDULE OF PROJECT A formal schedule of activities will be supplied by Court Specialists, Inc. within 30 days of contract execution. f ~ Tentative scheduling is for full implantation in Spring of 1999. 4 I FISCAL INFORMATION p The funding for this software acquisition is available in account # 460-040-SYST•9849- 9107. I t , _r. 5 ~d 32XIO , .w.o..w+....:,e.. ,,.w awn m.. IJ AGENDA INFORMATION SHEET OCTOBER 20, 1998 PAGE 3 OF 3 rPURCHASE ORDER 1NFORNIA'110N This purchase order is for the acquisition of a software package for automating the Municipal Court systems compliant through the year 2000. The order includes software, implementation, mainten.utce, training, support and limited hardware. Tr Pricing is from a contract awarded by the State of Texas General Services Commission and has met all competitive bidder requirements. We recommend Ppproval of Purchase Order 490104 to Court Specialists, In,-. in the amount of S! .8,055.00. Respectfully submitted: Name: 'font Shaw, C:P.M., 349-7100 Title; Purchasing Agent Attachment yl : Purchase Order 4 90104 - Court Specialists, Inc. r , { j a ~ 2 „ ,f Q 32 x O Y^ . nleaera ~ . , ; P 1 I PURCHASE 0R0ER N0: 90104 THIS IS A this nrnnGer msl Ai as all CONFIRMING ORDER invoices. delnery slips, uses, IF MARKEDI -I I clns, bones. pacFlnq sups end bills . DO NOT DUPLICATE Very No. Bid No. Date: 10 06 98 Pepe No. 01 ~I. PURCHASING DIVIGON 1 9001 6 TTEEEXAS N~~N} IrDEEN`ONNSEXAS 76701-4354 " 9401349-7100 OIFW METRO 817/28)-0042 FAX 9401349-7302 VENDOR COURT SPECIALIST, INC. NAME/ 906 ANNA LANE DELIVERY CENTRAL RECEIVING S48 ADDRESS ADDRESS COURT CLERKS F'RIENDSWOOD 4X 17546-6301 901 B TEXAS ST DENTON, TEXAS 76201 VENDOR NO COU49555 DELIVERY QUOTED 10 20 98 FOS DESTINATION BUYER TS TERMS LINE I - UUI 1.00 EA VENDOR CAT. 1 N / A MFG NAME 8,800.009 81000.00 CITY 11 8100 REIMS 002 1.00 EA VENDOR CAT. 4 N / A MFG NAME 32,000.000 J11,000.00 CITY N 8100 APPLICATION SOFTWARE ~s ur11 1.00 EA VENDOR CAT. I N / A MFG NAME 10,000.000 10,nn0.Otl CITY 1 8100 SYSTEM 1NTEORATION / INTERFACES 114 1.00 EA VENDOR CAT. / h / A MFG NAME 47,500.000 47,500.00 CITY 1 8100 INSTALLATION SERVICES P .GE TOTAL a 98,300.01 W VINDOR INIIRld,1i0N4. 1 terms ' Nei 30 ••'''•'O I Sold original xIrerfe wdP "kils tegy 4 SniPPind "'p Ifmnais 11111 Ikol"Awn grapxd a,. n, ..m.ar 6r11 N Asfaunll reliable 5 No Icdcf al a stars' sdet laa 111A 4c "111144 I';-0r La .enl IAri drH. 1 Mi.K nnl► SI m y<n es li 15 I i !1.:_1 . L a n 17"1 a 'Vi 2" x 10 32X d. t 0 aelet~a4 r O SE ORDER N0: 90104 THIS IS PURCCHAHA n 01 CONFIRMING ORDER INS (ILOTiber mull appear o A - mvaces, delivery slops, Cases, (IF MARKED} tins, boxes, pecking sups and bills. . DO NOT [DUPLICATE NrG Nu. Bid NO', Data 10 06 98 Page N0. 02 PURCHASING DIVISION 1 901 019 DEN7TRO /TEXONNSEXAS 76701-4354 TIEW 940/349-7100 DIFW WEIRD 8171267-0042 FAX 9401349-7302 VENDOR COURT SPECIALIST, INC. NAME/ 906 ANNA LANE DELIVERY CENTRAL RECEIVING S48 ADDRESS ADDRESS COURT CLERKS F'RIENDSWOOD TX 71546-6301 901 B TEXAS ST DENTON, TEXAS 76201 VENOM NO. COU49555 DELIVERY OVOTED 10 20 98 FOB DESTIN%TION BUYER TS TERMS DINE QUAN I Hw, l:F, r , wa ma, 00h 1.00 EA VENDOR CAT. 1 N / A MFG NAME 6,400.000 6,400.0u CITY 1 6100 SOFTWARE ANNUAL MAINTENANCE OF SUPPORT 006 1.00 EA VENDOR CAT. It N / A MFG NAME 640.000 640.00 CITY 1 8100 INFORMIX ANNUAL MAINTENANCE 16 SUPPORT (;07 1.00 EA VENDOR CAT. i N / A KFO NAME 3,990.000 3,990.00 CITY 1 8100 CRYSTAL REPORTS 000 1.OU EA VENDOR CAT. 1 N / A MFO NAME 3,625.000 3,625.00 CITY 1 8100 FACET WIN 'f P OE TOTAL s 14,655.OU A ^ K - - - - - - - s'^~" ~•'^"'l YINfIIIR INSIRbtDONS, I leumt ' Net 34 I Sxnd erlpaal mvacr vnh du0hcata copy 1 Shopping moilrVchms 1 tk'smr na,l krP*O ,+n 1 I111 a +sunU Fayble S r IcMrrd a slAle Ides lu sMAI hr nn haA, A M I+a+t A.ugl Ihn ,n Ar I J IIS I M kminy St n p it1 641I14 Ac= _/y{. ~/J~ Imo{{1 1. I pl : i. ~fY$~5i`iRa4f1'.Fa . 1.. .~x'❑ MRn )1;\•1~,a . swlaBba ~ ~ 7 PURCHASE ORDER NO. 90104 THIS IS A Ims number must appear on MI CONFIRMING ORDER invoices, delivery sips, cases, . OF MARKED} clns, boas, packing sops and bins DO NOT DUPLICATE Haa No. Bid No. Dais 10 06 98 Page No. 03 E CITY ~s PUR"SINO DIVISION 1 901-9 TEXAS STREET RENT TIENT c. ONN, TEXAS 76201-4354 9401349- 7 100 DIFW K&TRQ 8171267.0042 FAA F401349- 130 2 VENDOR COURT SPECIALIST, INC. NAME/ 906 ANNA LANE DELIVERY CENTRAL RECEIVING S48 ADDRESS ADDRESS COURT CLERKS FRIENDSWOOD VX 77546-6301 901 B TEXAS ST DENTON, TEXAS 76201 VENDOR N0. COU49555 DELIVERY OUOTEO 10 20 98 FDB DESTIWATIOX BUYER TS TERMS LINE OIJAN1111 I a 1.N9n . I • a. 1109 1.00 EA VENDOR CAT. 1 N / A NF0 WANE 5,100.000 5,100.00 CITY 1 8100 IIARDWARE (CASH DRAWERS I. RECEIPT PRINTERS) i r 1 I' P GE TOTAL s 5,190.00 ON NO TOTAL s 118,055.00 460 040 SYST 9848 9107 118,05500 40 VLNWR INSTRUpIDNS'. 1 ferrtd - Nel 1p sr+••.n„•", .r.'"'•rl I Sent 0flomm mveres wilh AgpheAi s:;'r 4 Slapping enoKAims 100 Desbndrun prrpml s...... .e.. .,.a.n %i , 2 OHI to AllWOll PaIA'Ie S No federal of Il,le ssh9 IIa shaft to 410u14 14ir1...e'tl In,r,n,n r 1' 115 l mommy $I m pnnrs Nord 32 25 x 10 10 e ~secrwt~ t , 0 a~twesr rMrnuv~ General Services Comtntcsion Eli' } 1 11 Su facfato P.O. Us If047 area 90"D-.a Austin, tun 73711.3017 maw roetv U17)163 301E lom IL asM a'a°e r e et•OTONIvew~era January 2, lot? , COURT SPECIALISTS INC 900ANNALANE FRIENDSWOOD TX 77346 6301 Re: OISV Catalogue Approval VIO 0:1700374272100 Oear Sir or madam" I Your catalo 4 gue has been apprewd and your firm is now designated as a Ouak ied Information 8yensme'~indor (O161ry. h requ red two a COPY of this loner and Catalogue cover page N indwoed wdh each copy of "approved caatoque and subsequent updates that ers provided to eligible antitiee. The ulalogue purchasing praedure is required by at Stale of Texas agsneies, ary is aver4bie to rocs ppOrernmants fmunidF404t, counties, school distrlcls, etc.) that ale members of the General Services Commission (GSC) operstlve Purchasing Program. These eligible entities have full authority to utilise the Caalogue Purchasing N-.ogram (CPPI, To mainlsin ytwr OISV status there are savotal requiremenh your company must mat on an ongoing basis. Failure to meet those raquhemertls mid ratull In suapanalon from the GSC ComitaGfsd Meaner Bidden Val (CMlL) and CPD. Your company must naintstn an active slatua on ft UK, psying ides and any other requirsmeMS desgnated by CM®L. Another Is the Texas Administrative Code (TAC) 113.1g(k) which requires a OISV to provide the CAP whh a semiannual report dNa,ling the volume and value of orders placed by each ecg ble Artily. This Information is required the 16th day of every match and Seplember lot the previous off months. it 4 impsrathe that the GSC be updated with the most Cunant info, matbn concerning your company. Chanoea 10 poirtolSOrnacS information (COrMSCt oanon, sddrede, etc.) must to indicated on the Calabgue Covet Page, a copy of which must be provided to CF P Adiatlne the tevision(s), Tho Catalogue t:over Page 4 pan e(1M app:kubn packet cr locatkd on the OSC Internet site. Your Approved OISV Catalogue may be updated Of amended at any time. Changes to the products or services provided, inCIVOlng pricing, must be in westing and submitled to the UP and to Catsbgue holders prior to your wsltogw being considered updated. We look foewed to your cool hued excess with the program and the gists of Texas. K u need to conlut the CPP, you may do so al S12 403 6009, fu 312.463.3543 or E•ma l gscgitvOgsa $1410. f+ us. You my with to view %pr InlarnN homePags 41 ME PSa,erde fR.trf for more tnf0rm41iOn about the PICglam. Si retY, 1 ,e»... ,l, ~`P 1 a L Spiegei Progfam Adminislntot . r Toque Purchasing Program C e ~ a: CatabguaVendorFire AS t b pummi'n "fr`tr7f'rr #A 16A awM~ftirre 6 A~ a , 10 32XIII 01 -o ORDINANCE NO. i AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF A COURT SYSTEM SOFTWARE PACKAGE INCLUDING SOFTWARE, MAINTENANCE, AND RELATED SERVICES AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (PURCHASE ORDERS 4 90104 TO COURTS SPECIALISTS, INC, IN THE AINOUNT OF $118,055.00). WHEREAS, pursuant to Resolution 92-019, the State Purchasing General Services Commission has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law on behalf 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 he purchased by the City through the General Services Commission programs at less cost than the City would expend rf 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 sen•ices 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 VE NO 4B AMUN-L n • 90104 COURT SPECIALISTS, INC. $118.05S.AO SEC I ION lj. 1 hat by the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons submitting the bids to the General Services Commission for such items and agrees to purchase the materials, equipment, supplies or sen ices in ; cordance with the terms, conditions, specifications. standards, quantities and for the specified sums contained in the bid documents and related documents filed with the Q t wncral Sen ices Commission. and the purchase orders issued by the City. 7 zr ?h ~ 32XI❑ r■■rll~ SECTION Ili. That should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the General Services Commission, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; prodded 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 1V. 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 f in the amount and in accordance with the approved purchase orders or pursuant to a writt.~t, contract made pursuant thereto as authorized herein, SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of 1998. JACK MILLER, MAYOR ATTEST; JENNIFER WALTERS, CITY SECRETARY I n BY: 4 APPROVED AS TO LEGAL FORM: IIERBERT L. PROUTY, CITY ATTORNEY r BY: 90104 PO S Wt ORDINANCE l0 B i IL) 32 X I Q O t .I vrv.IV p.P <Y{rNM V uYOU.YW.w. wow,.. PURCHASE AGREEMENT BETWEEN COURT SPECIALISTS, INC. and CITY OF DENTON September 28, 1998 i i f 9 32xlo NWAA 0 sa~.r,ma 0 r f i PURCHASE AGREEMENT BETWEEN COURT SPECIALISTS, INC. and CITY OF DENTON Table of Contents I I. FURNISHING OF SOFTWARE AND SERVICES ............................................1 2. CONTRACT DOCUMENTS ..........................................................................1 { 3. DEFINITION OF TERMS .................................................................................2 4. CONTRACT AGREEMENT AND CLAUSES ...................................................2 A. Third Parties Clause 2 B. Entire Agreement Clause 2 C. Agreement E.utension and Modification Clause 2 D. Terms of the Agreement Clause E. Applicable and Governing Law Clause . I F. Notices Clause 3 1 G. Survival Clause 3 H. Force Majeure Clause 3 L Incorporation by Reference............................................................... 4 1. Site Preparation ...........................................................................................4 K. Shipping of Equipment and Installation ......................................................4 L. Non-Waiver of Agreement Rights ..............................................................4 A1. Non-Collusion Cow.-ant 4 N. Copyright and Trade Secret Warranty S 0. Nondiscrimination by Vendor or Agents of Vendor 5 P. Right to Source Progrurn S Q. Ownership of Data and Index Files S R. Subcontractors ...........................................................................................5 S. Termination ...............................................................................................5 T. Assignments ..............................................................................................6 U. Vendor as Independent Contractor 6 V. Warranty Clauses .......................................................................................6 W. Software Enhancements or Additions 7 X. Final Acceptance of the System 7 • Y. Exclusive Venue Jr7 Z. Publicity ....................................................................................................7 AA. Compliance with All Laws Partial Invalidity ..........................................7 1313. Rights to Perform Internal Teaching and Seminars 8 CC Headings Not Controlling .........................................................................8 i to 32x10 ra .a.or.. L Table of Contents ( continued ) 5. SCHEDULE OF ACTIVITIES B 6. DATA LOADING ..............................................................................................8 7. ACCEPTANCE TESTS AND PAYMENT SCHEDULE 8 E 8. TAXATION ........................................................................................................8 9. TITLE ....,.9 i 10. TRAINING ........................................................................................................9 11. DOCUMENTATION .........................................................................................9 12. SOFTWARE LICENSE ....................................................................................9 13. SYSTEM MODIFICATION 11 14. MAINTENANCE 11 15. CITY RESPONSIBILITIES 16, INSURANCE ...................................................................................................12 17. FOREIGN COMPONENT INTERFACE 12 18. NOTICES .........................................................................................................12 19. SEVERABILITY 13 20. AGREEMENT SIC'rNATURES 13 ATTACHMENTS ....................1 A Schedule of Activities 8 Soflware Price List t C Soflware Services D Additional Hardware & Services E Price Summary F Payment Schedule and Contract Mi,. G Acceptance Tests H Clarifications • I i 11 f 25%, 32XIO s ~sataaa u . i PURCHASE AGREEMENT BETWEEN COURT SPECIALISTS, INC. AND CITY OF DENTON This Agreement to made and entered into thb e$° day of Sotem 1996 by and between , COURT SPECIALISTS. INC. (CSI), a corporation having its offices at 906 Anna Lane. Friendswood. k Texas 77546, and the City of Denton, Texas (CITY), Municipal Court having its offices at _'15 East II McKinney Street. Texas 76205. RECITALS Whereas. on November 27, 1997 CSI responded io a request to provide certain Software, maintenance and related sen ices to the CITY to be purchased through a State Catalogue Entry (SCE). Whereas. THE CITY now desires to contract with CSI to obtain the license, the software. sothvare E maintenance and other services described in the State Catalogue Entry (SCE) and CSI desires to contras with the CITY to provide said license to software and the services described in the (SCE). Ncw, therefore, in consideration of the mutual covenants, promises and undertakings contained herein. the parties hereto hereby agree as follows: 1. FURN1SHLNG OF SOFTWARE Subject to the terms and conditions set forth herein. CSI agrees to provide at locations specified by the CITY who hereby agrees to purchase: A. The License for the use of the computer programs and related documentation listed in Attachment 8 hereto (collectively The ".,oftward") at the price specified In Attachment B. B. CSI services listed in Attachment C at the prices specified In Attachment C. C. Pardware and services listed In Attachment D at the prices in Attachment D. 2. CONTRACT DOCUMENTS The contract documents are A. CSI response to written requests for additional L-iformation and clarification from the CITY in Attachment If B. This Agreement, including the following Attachments attached hereto: Attachment A. Schedule of Activities ! Q Attachment 8. Software Rice List Attachment C. Services Attachment D. Hardware & Hardwve Services Attachment E. Rice Summary Attachment F. payment Schedule and Contract Milestones i Attachment 0. Acceptance Tests { Attachment H. Clarifications Q Q Q Each of these documents is incorporated herein by this reference u if set forth in full and shall constitute a partof this Agreement. In the event of any conflict in the obligation pursuant to the above documents, control shall be determined in the following order. 12 ,f e aaaitasa 0 1. This Agreement 2. The Clarifications SCE The failure of this Agreement to include reference to any matter contained in any other contract document shall not be deemed to constitute a conflict. DEFLNITION OF TERNIS A. System: The total complement of software and services identified in Attachment B. Attachment C and Attachment D by CSI, which are required to operateas an integrated group. B, Licensed So-ware: Each sofhvafe module listed in Attachment B, irdnding machine-readable object code (rut source code) far such product, any user documentation for such product. and any other related materials which are furnished to the CITY by CSI for the use in connection with such product. 4. CONTRACT AGREEMENT AND CLAUSES A. Third Parties Clause Neither of the identified parties to the Agreement shall assign or encumber any of its rights, or delegate or subcontract any of its duties defined in the Agreement. in whole or in pan, to other third j parties unless the other party to the Agreement gives prior wrin-n consent. However, both parties l may assign this contract to their successor by operation of law or by reason of their sale or transfer of stock or assets to another entity, without the approval of the other party, B. Entire Agreement Clause This Agreement, including all contract documents listed in Section constitutes the entire Agreement between the CITY and CSI and supersedes all gaotes, presentations, representations and communications, whether oral or in writing, between the patties on this subject. C Agreement Extension and Modification Clause The Agreement may be modified or extended In accordance with the following procedures. A change If` shall be by formal ameodmer r of the Agreement signed by the parties and made a permanent pan of the AP tmenL D. Term of the Agreement Clause e This %greement encompasses separate undertakings the term of each of, which is independent b{the others. These undertakings include the licensing of compcter programs (software), installation, training, and software support. E. Applicable and r1oveming Law Clause i e The Agreement shall be subject to ill Taws ofthe Federal Government of the Unnd States of America t and to the laws of tSe State of T.xas. All duties of either party shall be legally paformable in Tex". The applicable law for any legal disputes arising out of this contract shall be the law of (and all 0 actions thaeurd,x shi'l be brought in) the State of Texas. and the forum and v.mue for such disputes shall be a state in district Court of Denton County, Tex". 1] f 041 ~.......r~xv A , arxaav . a l { F. Notices Clause I II All notices (rc communications required or permitted as a pan of tlx Agtegment, shall be in writing runless another verifiable medium is expressly authorized) and shalt to deemed delivered when: a) actually rccrved by the Court Administrator of their designated representative b) upon rectipt by sender of a certified mail, return receipt signed by an employee or agent of the parry or c) if not actuaily received 10 days after deposit with the United States Pose; Service authorized mail center with prayer postage (certified mail, return receipt requested) affixed and addressed to the respective other parry at the address set out in the section of the Agreement ''Identification" of the Panics to the Agreement" or such oth., cjs;, c.., as the pvty may have signed by notice or Agreement amendment to the other parry, or d) Upon delivery by the CITY ofthe notice to an authorized CSI representative white at the CITY site. Consequences to be home due to failure to receive a notice due to improper notific Lion by the intended receiving party of a new address will be borne by the intended receiving party. G. Sunival Clause All dut es and or payment respons:'^'lities of any parry, which either expressly or by their name extend into the future, shall extend beyond and sunive the end ofthe contract term or caa.rllation of this Agrt<ment, H, Force Majeure Clause ' Timely performance is essential to the succes.Ei; init;a! implementation and • ngoing operat ins rf the coup management system. However, neither party will be liable for delays in performing its obligations under this Agreement to the extent that the delay is coised by Force Majeure. Force Majeure aces shall mean a cause which is beyond the control of the affected party and may include but not be limited to acts of God, strikes, lockouts, riots, acts of war, epidemics, government regulations imposed after the fact, fire, communications line failures, earthquakes, or other disasters. Force Majeure shall not beallowed unless: Within three (1) calendar days of the occurrence of Fora Majeure, the party wy.ose performance is delayed thereby shall provide the other party or parties with written n-tire o.pl lining the cause and extent thereof, as well as a request for a lime e.,tensiun equal to we estimated and duration of the Force Majeure events, and; 1) Within seven (7) calendar days after the cessation of the Force Majeure event, the party whose rerfo~mance was delayed ehall provide the other parry written notice of the time at which Fop Maieure cased and a romplete explanation of all pertinent events pertaining to the entire FMct C Maj.) a situation. Unless provided prig written, :.t;^• of permission by the other parry or panics to the Agreement, under no circumstarce+shall tl rcrmissi tit delays ji rt;fled by Force Majeure extend beyond one hundred•twe.ity, (120) jays F em scheu• lad da,es or from unscheduled deadlines resulting and established due to failure of the systrta to meet perfornance examination(s) as documented in the Agreement. Failure to secure prior written permission exteno;ng the due date after the one hundred- twenty (120)days, nen under Force `441 keet conditions, shall constitute default by the parry railing to meet the requires deadline, Under no circumstances s; all dei.ys caused by a Force Majeure extend 0 . O tnond one hundred•Menry (120) days from the schedule: delilimy or completion date of a task, unless by prize (to the one h tndred•twefity day) written notice of permission of the other parry, t Fail zee to smite this wtincn priet permission, t ven in the case of Force Majeure shall constitute dc'a It by the part) failing to meet the :yuiremem. Either party shall have the right to cancel 6c 14 i 32 X +rt~ i• 0 Ana" ' o , l ata1111111ra co nracr Agreement if Force Majeure suspends performance of scheduled tasks by one or more parties fo• a p•:i.ad of one handred-twenty (120) or more days from the scheduled date of the task. If a carceliation due to a Force Majeure occurs before title passes to the CITY, then CSI may keep any p•,rts. of the s)-mm, as it can salvage, but must remove same at its own expense. If cancellation occurs due to a Force Majeure after title passes to the CITYOF DENTON, the system shall remain with the CITY and CSI shall be entitled to any such payments as have accrued according to the payment schedule. 1. Incorporation by Referent. CSI shall supply software, and other related services adequate to accomplish the requirements as set forth in the SCE and the CSI response to the SCE. The parties also agree that where there is not a conflict between this Agreement and the information presented in the referenced documents, that all terms, conditions and offer presented in the CSI response to the Request for Information shall herein be referenced to the Agreernt_t and shall be binding upon all parties to the Agreement. J. Preparation Upon ccnu,..; . %ecution, the CITY and CSI will have thirty (10) days to prepare a mutually agreeable schedule of activities. K, Shipping and Installation The Hard vare Vendor or the CITY shall pay all shipping costs to the site. All payments to shipping agents and for insurance fees shall be made directly by the Hardware Vendor cnd CSI shall make no payments to any firm concerning the shipment and delivery, which is not a part of this Agreement and for which enact payments are not described. CSI andlor its subcontractors shall furnish all necessar,- labor. and other services listed on Attachments B and C, required to accomplish installation at The Municipal Court. CST will install the software and provide the conversion services. Installation shall be performed during normal business hours, and the CITY, shall make all the necessary arrangements to allow the CSI personnel sufficient workspace and access to the installation locations during normal business hours, or at such other times as may be mutually agreed upon. Mien the system has passed the software functionality test, CSI and'or its subcontractors shall cmify to the CITY that the installation is complete, f L. Non-Waiver of Agreement Rights i It is the option of any parry to the Agreement to grant extensions of provide Ilexibiliti 3 to the other party in meeting scheduled tasks or responsibilities defined in the Agreement. Under no circumstances, however, shall any parties to the Agreement forfeit or cancel any right presented,in the Agreement by delaying or failing to exercise the right or by not immediately and promfly notifying the other party in the event of a default. In the event that a party to the Agreement waives a right, this does not indicate a waiver of the abdiry of the parry to, at it subsequent time. enforce the right, M. Non-Collusion Covenant t CSI hereby represents and agrees that it has in no way entered into any contingtrit fee arrangement • with any firm or person concerning the obtaining of this Agreement with the CITY. In addition. CSI • • agree that a duly authorised CST representative will sign a non collusion affidavit. in a form j acceptable to the CITY, that the CSI firm has receised 6om the CITti' no incentive or special i W~ 15 32 X w~y- , I ~ trt~ateataa O .*Wpm payments, or considerations not related to the provision of automated system; and services described in this Agreement, N. Copyright and Trade Secret Warranty CSI represents and warrants to the CITY that, to the best of its knowledge and belie4 the Software s rwnished under this Agreement does not violate any U.S. copyright or any trade secret of any third party. 0. Nondiscrimination by Vendor or Agents of Vendor Neither CSI nor anyone with whom CSI shall contract shall discriminate against any person employed or applying for employment concerning the performance of the CSI responsibilities under this Agreement, This discrimination prohibition shall apply to all manes of initial employment, tenure and terms ofemployment. or otherwise with respect to any matter directlyor indirectly relating to employment concerning race, color, sex, religion, age, national origin, or ancestry. A breach of this covenant may be regarded as a default by CSI cf tY is Agreement. P. Right To Source Program If CSI, shall cease to be in the software business, or if CSl should be declared bankrupt or insohent by a caw of competent jurisdiction, The CITY shall have the right to scoess, for its o-An and sole use only, for maintenance, modification, upgrading and enhancement purposes only, one good copy of the source to the Software licensed hereunder. Each source progra-n supplied to the CITY under this paragraph shall be subject to each and every restriction on use set forth in this Agreement, and the CITY ackno•vledges that the source programs and their associated documentation are "traordinarily valuable proprietary property of CSI and will be quarded against tmauthorited use or disclosure with great care. The CITY hereby waives any claims whatsoever to ownership or part ownership in the licensed sour" or any modifications made to it. CSI agrees to maintain the source code on•ske at the CITY. If CSI defaults corder the terms of this agreement, the source code Is available to the CITY and shall be subject to each and every restriction on use set forth in this Agreement. Q. Ownership of Data and Index rites All parties to the Agrrement acknowledge that the CITY shall maintain ur mership and control of all data files and the related Indexes and pointers to those data files. R. Subcontractors • CSI may use subcontractors in connection with the work performed under this Agrrment. S. Termination I I Either the CITY or CSI may terminate this agreement upon 30 day's written notice if the other has ms.!rially failed to comply with any of these terms and conditions of this agrmaent; except that if the CITY distributes or makes any use of the software andtor related materials no, ermined by this agreement, CSI shall have the right, without affecting any other ritill and to -dies CSI may hate, to terminate this agreement immediately. 0 >1 a When this ag eement terminates for any reason. other than CSI's failure to comply with the terms of this agreement, within ten business days thereaPer, the CITY agrees to deliver the original and all 16 o • rcopies of the Software and related materials, including enhancements and derivative works. Upon CSI's request, the CITY agrees tocertify to having tilly complied with this provision. 3) Termination of this agreement does not free the CITY from its obligation to protect "Confidential Information" and to return or destroy the software and oche; materials a provided under this agreement. T. Assignments i i The CITY and CSI each binds themselves, their partners, successors, and other legal representatites to all covenants, agreements, and obligations contained in this Agreement, U. Vendor as Independent Contractor It is expressly agreed that CSI is not an agent of the CITY, but an independent connactor. CSI shall not pledge of attempt to pledge the credit to the CITY or in any other way attempt to bind the CITY, V. Warranty Clauses l.Sofhoare Warranty CSI warrants that the software provided under this Agreement meets each of the specific requirements described in the Agreement and in CSI's response to (SCE). If the CSI sofhAare is under a maintenance contnct with the City, CSI will design. cafe, check out, document and deliver promptly any amatdment or alteration to he sofhsare that may be required to correct errors present at the time of delivery of the system and which significantly afrect performance. This warranty is contingent upon the CITY advising CSI of such errors, in accordance with CSI's prescribed reporting procedures. 2.Year 2000 Warranty CSI warrants that each hardware, software, and firmware product delivered under the contract(s) shall be able to accurately process date data (including, but not limited to, calculating, comparing, and sequencing) from, into, and between the twentieth and twenty-first centuries, including leap year calculations, when used in accordance with the product documentation provided by CSI, provided that all other interfaces (e.g., hardware, software, firmware) used in combination with such product properly exchange date data with it. Ifthe contract requires that CSI's pralucts must perform as it system in accordance with the foregoing warranty, then that warranty shall apply to CSI's products as a system. The duration of this warranty and the remedies available to the City of Denton, Texas for breach of this warranty shall be as defiled in, and subject to, the terms and limitations of CSI's standard commercial warranty or warranties contai..ad in the contract. provided that, notwithstanding any provision to the contrary in such commercial warranty or warranties, the remedies available to the City of Denton. Texas under this warranty shall intidde Q repair or replac -ment of any CSI•supplW product whose nontomplianct is discovered and made known to CSI in writing, Nothing in this warranty shall be construed to limit any rights or remedies the City of Denton, Texas may otherwise have under the contract with respect to defects other than Year 2000 performance. 3 WaranryofNon-infringement and Indenmifcation Q CSI warrants to the City of Demon that it is the owner or proper licensee of the Software and has Q Q the right to enter into this agreement. 17 25 10 32XIa. r I i i trvonwa ' !:arse : rs CSI shall indemnify, defend and hold harmless CITY OF DENTON from and against any claims, including reasonable legal fees and expenses, based upon infringement of any United States copyright trademark or patent by the Software. CITY OF DENTON egrets to nctify CSI of any such claim promptly in writing. CITY OF DENTON agrees to cooperate fully with CSI during such proceedings. CSI shall defend and settle at its own expenses all proceedings arising out of the foregoing. In the event of such nfringemeni, CSI may replace, in whole or In Pam Software with it substantially compatible and functionally equivalent Computer program or modify 'oftware to avoid the infringement. 4. NO OTHER WARRANTIES LICENSOR MAKES AND CUSTOMERS RECEIVES NO OTHER WARRANTY EXPRESS OR IMPLIED. AND THERE IS EXPRESSLY EXCLUDED ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LICENSOR'S LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT FOR CONSEQUENTIAL, EXEMPLARY, OR rNCIDENTAL DAMAGES SHALL BE LIMTTED TO i"HE AMOUNT OF THE TOTAL CONTRACT. I W. Software Enhancements or Additions Should CSI expand software funrrional or performance capabilities beyond those required as pan of this Agreement, the CITY shall be responsible for the costs associated with she purchase, installation. and maintenance of the computer hardware necessary to operase same, The CITY will also be responsible for the costs associated with installing the enhancements or additions. X. Final Acceptance ofneSystem The software system shall be defined to be finally accepted by the CITY after the installatio of the System, and the load of the CITY databases, and the successful vmpletion of the following examinations acceptance test and conversion data. The system is also considered accepted if the Ciry uses the system in a production mode. A matually agreeable Acceptance Test Plan will be jointly developed. Procedures for the administration and criteria for successful completion of tkese examinations are found in Attachment 0 of this document. Y. Exctuswe Venue f Exclusive venue for any legal action arising out of this Agreement shall be Denton County, Texas. E 2. Publicity The CITY sgrento CSI using the CITY name in press releases, edvenising, sales promotlons. aniclcs, and other publicity marcr. related to any product furnished by CST, including the CSI customer list and newsletter. AA. Compliance with All Laws - Panial Invalidity a Compliance. Each party agrees that it will performs its obtigations herein in accordance with all applicable laws, rules and or regu!, ions now cr hereafter in effect. Neither party shell have to take any any action, which would violate any applicable Ir.v, rule, or regulation of the controlling authority. O lg f 29X10 32 x I I 'aa.arna , . o , avatxx. f • Partial Invalidity. If any term or provision of this Agreement shall be found to be illegal or unenforceable then. notwithstanding. This Agreement shall remain in full force and effect and such term or provision shal l be deemed stricken. BB. Rights to Perform Internal Teaching and Seminar The CITY shall have the right, so long as the System contracted for herein is in use by the CITY according to this Agreement. to give instruction to any or all CITY court personnel, CITY resenes the right to approve all scheduling of CSI Customer site visits. CSI will coordinate with the CITY Municipal Court or will refer CSI customers to Municipal Court regarding potential site visits. CC. Headings Not Controlling Headings and titles used In this Agreement are for refere^ce purposes only and shall not be deemed es pan of this Agreement. S. SCHEDULE OFACTiVFfIES r" The CITY and CSI will follow the Schedule of Activities os described in Attachment A. This schedule contains ail essential activities for the project. The parties may revise the schedule. after contract signing. as wry mutually agree. 6. DATA LOADING CSI wi31 develop conversion programs to load the Court data Rom the existing indexed files, in accordance with the mutually agreed upon schedule, provided that the CITY provides the Court file layouts or other documentation essential fa the conversion to CSI as required. IT IS RESPONSIBILITY OF THE CITY TO CERTIFY TO COURT SPECIALISTS TNC. THAT COURT SPECIALISTS WILL NOT BE fN VIOLATION OF ANY COPYRIGHT, NON. DISCLOSURE. OR CONFIDENTIAL AGREEMENT'S BETWEEN THE CITY AND THEIR CI;RRENT VENDOR. THIS INCLUDES. A. CSI CONVERSION OF DATA FILES. B. CSI CONTACT WITH EMPLOYEES, CONTRACTORS. SUBCONTRACTORS OR ANY PERSONS HAVING KNOWLEDGE OT THE CURRENT BATA. 1. ACCF.PTANCF. TESTS AND PAYMENT SCHEDULE Payment is due upon receipt of invoice for success&A completion of contract mileston-m Payd- tit percentages, payments for services performed and corresponding milestones are detailed in Attachment F. I Invoices shall be submitted to the CITY at the address contained in the first paragraph of this Agreement. S g TAXATION a . The CITY represents that it is exempt from Federal. Sta;c, and Local taxation. I 19 i i 32 x a. i i I 9. TrTLE Software is a iicensel product and no title transfer is applicable. 10. TRAIMNG CSi will provide training sessions on the operation and use of the system for the Pity personnel as set forth in the State Catalogue Entry, and in Attachment A, at times to be agreed upon by CSI and the CITY, Any additional training requested as a result of software upgrade to the system purchased under this Agreement will be provided as agreed by CSI and the CITY 11. DOCUMENTATION CSI shall provide system documentation and printed training manuals for the operation and maintenance of the system. Such does mentation shall include, a. Documentation for all functional moaules purchased by the CITY b. One set of rNFORMIX system documentation c. Four (4) • training guides d. As enhancements became available, appropriate documentation will be sent e. Data Dictionary I f. Data slow D;agram The CITY may photocopy or otherwise reproduce CSI copyrighted documerdation and training materials for training or other internal use provided that CSI's statement of copyright is included cn each copy. 17. SOFTIVARE LICENSE A. General Subject to the terms and conditions hereinafter set forth, CSI hereby grants the CITY a nontransferable, nonexclusive, and rcyalryfree, single-CPU license (the "License') to use rite License Software solely in the business of the City on the single computer listed in Attachment B, or subsequent upgrades, Such License includes the We use of the software. License software will be provided by CSI to the CITY pursuant to the terms of this Agreement, only In machine-readable ~)!,Iect code, except as provided by Section 4.P. The CITY acknowledges that by virtue of this License, the City acquires only the right to we the original and petmined duplicate copies of-fhe 0 Licensed Software as described herein and does not acquire any righu of owlimhlp in the Licensed Software which rights shall remain exclusively with CSI. The tenet of License shall commence upon delivery of the fret module of Licensed Software and shall remain in force as long v the City is in compliance with a Il th a provis i ons of the License. the computer programs and other items supplied by CSI hereunder are for the sole use of C CITY at the location of the CITY, The computer programs licensed hereunder shall be used only on + singe central processing unit or mainframe (referred to m the CPIs and its usociated peripheral units. Use of a program shall consist eiihee of copying any portion of the program from the storage units or m:dia into the CPU, or the Processing of data with the program, or both. i i 20 I i I rrJ,,..-, 32 x I Q ' P 1 O .a:saer>va i B. Payment of License Fee The CITY agrees to pay CST a one-time license fee for the use of the Licensed Software in the amount specified in Attachment B. C. Right to Copy , o , No portion of the Licensed Sofhvwc or any updates of enhancements to the Licensed Software tray be duplicated by the OTY except that the CITY may make as many copies as the, require of the machine-readable portion thereof for normal security backup purposes, and any other purpose al!o, %ed under this Agreement, provided that the CITY properly reproduces on each such copy all notices of CSI patent, copyright, trademars, or trade secret rights. CSI will allow the CITY permission to develop and CSI retains ownership of any code the CITY develops with the following restrictions, the code is only to be used by the CITY and can not be distributed for any reason outside the use of the CITY, the CITY can clone any portion of CSI's Source Code, if the CITY uses any part of CSI's Source Code in a program developed by the CITY, then that program becomes the property o' CSI, but any problems caused by the program requiring the services of CSI will be the responsibility t'the CITY and CSI will bill the CITY for any regain to the system. The CITY can not modify any CSI Source Code without voiding the t arranty. If the CITY develops programs that effect the data in the dawbase and that results in the corrupting of data. CSI will bill the CITY for senices and time spent repairing data. The CITY agrees to notify CSI immediately for the unauthorized possession, use, or knowledge of any item supplied under this license and of other information made available to the CITY under this Agreement, by any person or organization not authorized by this Agreement to have such possession. use of knowledge. The CITY will promptly famish full details of such possession, use or knowledge to CSI, will assist in preventing the recurrence rf such possession, use of knowledge, and will cooperate with CSI in any litigation against third parties deemed necessary by CSI, to protect its proprietary rights. D. Title to Software CSI retains ownership of all Licensed Software and related documentation. The CITY shall keep each and every item, to which CSI retains title free and clear of all claims, liens and enctmbrancts except those of CSI, and any act of the CITY, voluntary or involuntary, purporting to create a claim. lien or encumbrance on such an item shall be void. i Within thirty (30) days ftom the date of the CITY'S discontinuance of the use of any portion of the Licensed Software licensed hereunder, the CITY shall furnish CSI with written notice cenifyi rg fiat through its best efforts and to the best of its knowledge. all machine-readable code, user documentation or other related materials provided to the City with such Licensed Software, including any copies thereof, whether ir- whole or in part, have been returned or destroyed as follows: I. All documents relating to such discontinued portion of licensed Software shall be returned to CSI: and the originals and all copies of any machine-readable materials containing all or any portion of the discontinued Licensed Software shall be destroyed or plunged so as to totally remove from such machine-readable materials all codes relating to the discontinued portion of the Licensed Softw are. J O E. Materials developed by CSI for the Municipal Court t a h x ❑ 32 x fit„<,r bt ~ x 4 , 'i sesoara . r 6 aatamaa The CITY agrees that ell training and procedural materials developed by CSI in cooduction with she Licensed Software shall be property of CSI. The City fitrther agrees that additions and supplements to she Licensed Software which may be developed for the Municipal Court through the reimbursed efforts of CSI employees or agents shall be the exclusive property of CSI. F. Proprietary rights CSI retains for itself; and the CITY acknowledges that CSI so twin& all propriew:y righu in and to all designs, engineering details, and other afware pertaining to all the System, and any all such systems, The License Software and the configuration of the Equipment shall be deemed to be Ot trade secrets of CSI. The CITY so retains, all proprietary righu to data files, or supplies created by the CITY in the course of implementing and operating the system. 0. Protection of proprietary information The CITY recogaires and agrees that all Licensed Software and updates of Licensed Software which are provided to the CITY; 1. Are considered by CSI to be trade secrets of CSI. 2. Are furnished by CSI to the CITY in confidence, and 3. Contain prop !eary and confidential information. CSI's placement or & copyright notice on any portico of any Licensed Software or any t pdate to such Licensed Software will not be construed to mean that such portion has been published and will not ` derogate from any claim that such portion is a trade secret or contains proprietary and confidential in form at ion of CS 1. The CITY agrees to hold ail such Licensed Software and updates and enhancements to the Licensed f Software in confidence at least to the extent that it protects its own similar confidential information and to take all reasonable precautions to safeguard the confidentiality of such infatuation. No portion of a,ty update or enhancement to the Licensed SoNue may be disclosed, fumished, transferred or otherwise made available by the CITY to any person except to those of iu own employees or contractors who need to use such information in accordance with this Software License. The CITY agrees to take appropriate action by instruction, agreement, and otherwise with its employees or contractors to inform them of the trade secret, proprietary, and eonfidential nature of the Licensed Softwue and the updates and enhancements disclosed to the CITY under this Agreement, and to obtain their compliance with the terms hereof. The obligation of this paragraph will survive the termination of this Agreement. Provided, however, that any disclosure of any Act shall not constitute a breach of sny of these provislons. The CITY shall not be obligated by any means to provide a defense to any noun order or any Texas Attorney General Opinion or Letter Opinion requiring the release of Information under the Texas Open Rt4e s Acton bcha If of CSI. 13. SYSTEM MODIFICATION The CITY has the right to make custom program changes, which do not affect the original source ti programs provided by CSf. • 14. MALNTENANCE O • 22 32 10 2.5 (10 9 , o 1 I CSI and the CITY may enter into an agreement for maintenance if the System. Fees for the first ycer's maintenance are Identified in Attachment F. A separate M; intenance Agreement will be executed after the warranty period ands. 15. CM RESPONSIBILITIES The CITY will provide adequate and timely support or information with regard to its administrative, operational, and management procedures, and any data necessary to effectively complete installation or Implementation of the System. Once the installation has been completed, the CITY will manage and operate the System. j 16. INSURANCE A. CSI, shall at CSI's own expense, purchase, maintain and keep in force during the term of this Contract such insurance as set forth below, All insurance policies provided under this Contract shall be wrinen on an occurrence basis. The insurance requirements sWI remain in effect throughout the term of th is Conn act. 1. Worker's Compensation v required by law, Employers Liability Insurance of not less than $100,000.00 for each accident, $100,000.00 diseas"ch employee, S500,000.00 disease-policy limit. 2. Commercial General Liability Insurance • $1,000,000 Limit. S, Concerning insurance to be furnished by CSI, it is a condition precedent to acceptability thereorthat insurance coverage Is maintains 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 A.M. Best Rate Carriers of at least "A•" or above. } C. CSI agrees to the following: 1. CSI hereby waives subrogation rights for loss or damage to the extent same are covered by ,nsurznce. Insurers shall have no right of recovery or subrogation against CITY OF DENTON, it being the intention that the insurance policies shall protect all parries to the Contract and be primary coverage for all losses covered by the policies. 2. Companies issuing the insurance policies and CSI shall have no recourse against CITY OF DENTON for paym-rat of any premiums or assessmentz for any deductible, as all such premiums and deductibles are 'he s,... responsibility and risk ofCSL 3. Approval, disapproval rw failure to act by CITY OF DENTON regarding any insurance supplied by CSI (or any subcontractors) shall not relieve CSI of full responsibility or liability for damages and accidents as set forth in the Contract documents. Neither shall tae insolvency or denial of liability, by • the instrancecompany exonerate CSI from liability. t D• Any of the insurance pelici y required under this section may be written in combination with any of the others, where legally permitted, but none of the specified limits may be lowered thereby, 17. FOREIGN COMPONENT INTERFACE The CITY is hereby authorized to purchase and utilize peripheral equipment supplied by Third-party 1k, vendors, 0 ty is. NOTICES 23 C1 32 x ~rteaa~uaraasttr awaarma 0 ,...r .♦„...n bYU+nMrN.r P, 9Y'.YYI'NP.,MM n. m..~v..~... . i r All notices given hereunder will be sent registered, certified or overnight delivery, addressed to the other party at the address shown in the first paragraph of this Agreement or such other address as either party may specified In writing. i 19. SEVF.RABIWTY If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforeesbil4 of the remaining provis[ons shall not in any way be affected cc impalrecL 20, IN WITNESS WHEREOF, the parties have caused this Agreement, which shall insure to the benefit of and be binding upon the successrr. ofthe respective parties, to be signed and entered as of the date first mentioned above. COURT SPECIALISTS, (NC. CITY By: ok) LIT-- By, rP Signature Signature Print Name anc Title City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM AND LEGALITY: f By: Purchasing Agent City Attorney Date r X • ! 1 f l , Y. 'rv C r r\' . t 4 29 , i 4 ~ It , 1 r s' R f 2 *5 1 r O 'I 1 ATTACHMENT A TO PURCHASE AGREEMENT BETWEEN COURT SPECIALISTS, INC. AND CITY OF DENTON Schedule of Acth'itlgl Date to Finish Party Responsible jaki Joint Finalize Contract y CITY Prepare purchm orders Joint Specifications for Con s ersion SpeciReations for Modifications Set Installation Schedule CSI Receives third party software CSI Installation of all soNare CSI Load conversion data Joint Training CITY Verifyconversion data joint Live operation CITY Acceptance of System f 'NOTE: COLn Administrator, Information Services Manager, and CS] staff will confirm a Schedule of Activities within 30 days of Contract execmion. This Schedule of Activities will be met byCS[f i . the contract is executed according to the above schedule and the CITY meets its obligations. f t i 1 r 25 } 7 r*I r~ .~r~~~,i~~a 5x 10 ~ 32 x 0 . ncresa ATTACHMENT B TO PURCHASE AGREEMENT BETWEEN COURT SPECIALISTS, INC. AND CITY OF DENTON Software Price Lisit 740 MS SdbTFA!u~nwm ..000.04 L CW phg { C-51 4,800.00 Cart Mnap rwo 6Abn 32000.00 : i f Crystal RW OV 5 Um LAN F** 9po.00 FoostWin (25 vun 1 f 31625.00 JI r l r ,r I I , A ' rl~ ~ 4 1 e 1 i i r 26 ri 32 x10 1 • O S ~ 1 r ; ..n.l...ix.e ef.IrvYI:MiM.XIV iC MR.1feV.MYAm s+T..11.wnn. ~.«rr , ATTACHMENT C TO PURCHASE AGREEMENT BETWEEN COURT SPECIALISTS, INC. AND CITY OF DENTON Service ~g~ F+• so•n•s 1000 00 PrOdxy TniNrp (OrV-GKI 1 ,000.00 Pmdud Toinuq (Prflndtrood I 1 t, .00 Pmd a cmvmim i 70,000.00 Prgat Tam 6pnr i t. = 00 1 7s*wvftwfil&n 3 3.000. DO , . InMaa to "I" umvw 3 5,000.00 _ f. uMMfaa to "fa yarn $ 5.000.00 FjGraC Ow fran ON ktrainfrard 3 !.000.00 r i I0 i 27 I i tf' 25 O .a eu.r:n.'wr*~~.Yaa..'I~haMm...~:...r.. n . i r i ATTACHMENT D TO PURCHASE AGREEMENT BETWEEN COURT SPECIALISTS, INC. AND CITY OF DENTON Hardware and Hardware Service Pow of uo rynufa f 2. .oo - fnauM CaM ora~s ImWltiai Draaw6PNarf 1,6!70.00 l , t r 28 r- { ILE: _ n 25 x to 32X r 1 0 } y I i . .,.v M V ~ lwvY irYMM1I4'' v:eMlTiMsst~,vvL ~"r1MfsYVr..w s. h.n - j ATTACHMENT E PURCHASE AGREEMENT BETWEEN COURT SPECIALIST3, INC. AND CITY OF DENTON , r' Price Summory ATTACHMENT ITEM PRICE e 46 41$0000 c E ee oao.ao` ~ . D HYWh 0. 0o i I An" M&dsinofl l f 1 i.4M D0 A MW"NWW I I I No ao out 111, 4 M 1 r1 Y S 1 r i" , s S { err' 'b y i 79 t c s: r a 4 Y r w , t f Y;~ :t z~ Q 32X10- I C r r o I. ,mow M MrY•M1M*'-'N ILM?IVYT.rf1 ~[`tl-.I. TIfl.s'.r.ntiY}" I I ATTACHMENT F TO PURCHASE AGREEMENT BETWEEN COURT SPECIALISTS, INC. AND CITY OF DENTON , • Payment Schedule and Contact Milestone r ITEMS YENDORANDCO TCATEDORY VaTALLCOST DUCAT otmArnme DUCAFTER CONTRACT OFDCLNM FORMAL EMCUTION Acct" I MA'ncoyouw 2 Op"" ylb" 8050 y r~ f 3 System lrlwQ*aWl lm 610,000 e10100000 muff" svmm 7,300, F, dlw~r '.taut MrrL Support 16.4000 ,400, D0 e Ir~d'- I~.Yw/ CuPD~ J0 e UNIX MSrt sumw .00 10 UN010, 00 11 ryrr Rporo 1900. nopo 00 ~ . 12 FAOrWh 73 mwdw&o ,70000 90.100, DOI r Tar e11e, to.41&00 00 eoD 0r0. r • ~ ~ l rY 1 ~ I~ 4 t iM a ,r I - , r r 1 . Y~ r I 1• , x 10 32X } f • O I S 1 ATTACHMENT C TO PURCHASE AGREEMENT BETWEEN i COURT SPECIALISTS, INC. AND CITY OF DENTON . Acceptance Tests I & Database Load Ferfwmance Test Foliorvins Installation of software, the CITY databases will be examined for validity in conversion. The CITY will be responsible for conduction of this test. r y. I A=Iance Tess CSI and CITY will perform Ac':eptance Testing during the initial training. ti C' 31 1 , s 2 5 x 10 32 x , svtesneaa , 0 I t, , r I ~.rr~SVr.YYNnYrW.T`TCAh fPR{1,+N:. }hpa'.FNS WW.T h~l.nun. ~ VIV r ATTACHMENT H TO : PURCHASE AGREFMENT BETWEEN a " COURT SPECIALISTS, INC, AND CITY OF DENTON S~lf4rot on ~ ' I. A standard M Geo-fiIt eMyss hMr lookup and validation designed by CH will be provided (At the City's request). The CITY Is required to provide street indexes in an ASC I format. 2. Modifications not addressed In the Staw Catalogue Entry or this agreement will -equire review and t negotiation. i 3. CSI will require the CITY to furnish file layouts and assistance during the moversion f'J process. CSI will extract the data from the City's compurr and lad it into an Informix database. 'i 4. CSI will not support any equipment purchased through another vendor or currently owned by the City. f t ~ r r J5 I 4 1 E 7 32 rv s I i l yM 10 32XIO Y mom p t Deno ;..t .,rv.,. r uc., ^,t. ?rwA hl•a:KFCf+Y, r~+x.,nuw>!..•. ~ Agenda Item dale - - AGENDA INFORMATION SHEET AGENDA DATE: October 20, 1998 DEPARTMENT: City Manager's Office CNI: Michael W. Jez, City Manage SUBJEC'T': Consider adoption of an ordinance authorizing the City Manager to execute a ,'ersonal services agreement with Barbara 1'. McCall Associates, Inc, to provide certain information and services with regard to legislation of interest to the city, I ~InClcc>3ouNn: In 1997, the City of Denton joined the cities of Austin, Dallas, Lubbock and Plano as part of the Texas Cities Legislative Coalition that contracted for the services of Barbara T. McCall Associates, Inc, as the Washington Assistant to these Texas cities. Ms. McCall heads the Washington office providing Washington advocacy assistance to local governments and their agencies. The representation includes information about legislative and executive action on issues of common interest, transmitting city positions on the issues to the Congressional delegation and to the Administration and pursuing defined projects or individual legislative priorities for each oily. phis includes establishing and maintaining contact with'fexas Senators i and the city's delegation in the (louse of Representatives. The Washington advisor also maintains communiculions with the White ]louse and many federal agencies and departments, J i Services of Barbara T. McCall Associates, Inc, has been particularly beneficial to the City of Denton in making us aware of federal grant deadlines and pending legislation which could 1 negatively impact the city such as Internet taxation. 9arbara T. McCall Associates has provided j valuable service regarding pending utility deregulation legislation. Thus, with Increased ` proposed legislation regarding the utility deregulation issue being recommended in the next Congressional session, the number of optional hours of service has been Included in the proposed contract at a not to exceed amount of 100 hours. j Approve the ordinance allowing the City Manager to execute the contract. PRIORAC"f10N1RFVIFIV9Council Boards Commission); ' None • , if w~~r 25 K 10 32do , . u a ~ . .w~•. , ww.»^;l+l :+.~,lsr:a hMal7i[W5Fl d~1T5lN~ihlC~..'k~xra.+l~s+..n.. ,-n.w n..,. ~ . y Barbara T. McCall Associates Inc. October 20, 1998 { Page 2 I , r FISCAL INFORMATION: The service cost of the basic contract is $24,420 that includes thirty-six assured-usage hours of service and reimbursable costs not to exceed $5,000. Additionally, the contract includes optional hours of service not to exceed one hundred hours at a cost of $95.00 per hour. The total fiscal impact would be $33,920 to be paid out of the City Manager's Contingency Account r Prepared by: fr' I , elty Wil ams ` Assistant to the City Manager Attachments: 1. Ordinance 2. Contract , • 1 I' f =1 1 2 jl. 1 f♦ r: " t 25 10, 32x 1 2ll~`~',tr; omit 0 , 0 i i h•:. ; y,•.. ir•iat.n °M': 7lr~"Y'ryx 8'. z ~ .,q-i ~ iaYFSry. i i ORDINANCE NU. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECU'T'E A PERSONAL SERVICES AGREEMENT WITH BARBARA T. MCCALL ASSOCIATES, INC. TO PROVIDE CERTAIN INFORMATION AND SERVICES WITH REGARD TO LEGISLATION OF INTEREST TO THE CITY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton wishes to employ Barbara T. McCali Associates, Inc, to provide personal services with regard to legislation which is of interest to the Ciry; and WHEREAS, the City of Denton will be participating with a number of other cities that have entered into similar Personal Services Agreements with Barbara T. McCall Associates, Inc.; and WHEREAS, due to the concurrent participation of other Texas cities and that Barbara T. McCall has unique qualifications and experience that no other person can offer the City during this period of time as a Personal Services Contract, this Contract is exempt from competitive bidding in accordance with Tex. Loc. Gov't Code 1252.002(a)(4); and WHEREAS, the City Council deems it in the public interest to authorize the City Manager to enter into a Personal Services Contract with Barbara T. McCall Associates, Inc. for the above-mentioned legislative services; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Manager is hereby authorized to enter into a Personal Services Agreement with Barbara T. McCall Associates, Inc., substantially in the form of the attached Agreement, which is made a part of this ordinance for all purposes, to provide infonnation about legislation and other related personal services to the City. SECTION 11, That the City Manager is hereby authorized to make the expenditures as outdned in the attached Agreement • SECTION 111. That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPR WED this the day of , 1998. fACK MILLER, MAYOR Y` 3 37 X f O • o ' v .w'w"alp UJ a<+•.t.r r~4Ni~i16s`•.KndifGM"'..Md~kPNq"Ax:vteve•\la rAr.... 1 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L, PROUTY, CITY ATTORNEY BY: 1 I II I 4 1 1 • 1 t 1 ~K'111,[RNlri l'da,du.o~30L10„d~vl~na~Pdn,ms~a/.reWlrawre adnwe,d ' i f 1 I q 1 x ?.5 k I~ 32x1❑ UWM" o , PERSONAL SERVICES AGREEMENT Between the City of Denton, Texas State of Texae, County of Denton end BARBARA T. McCALL ASSOCIATES, INC. Washington, D.C. WHEREAS, the City of Denton, I"City"), in consultation with other major cities In Texas, has determined that there is a need for jointly sponsored Washington representation; and WHEREAS, this need Is particularly pressing in relation to: 1. Information about legislative and executive action on Issues of common Interest, 2. transmitting City positions on these Issues to the Congressional delegation and to the Administration, and 3. obtaining Individual City service to pur3ue defined projects or individual legislative priorities; and WHEREAS, Barbara McCall, due to the concurrent participation of other Texas cities has unique qualifications and experience that no other person can offer the city during this period of time; and WHEREAS, Barbara T. McCall is known to the Cities and Is capable of and w0ing to undertake such representatio. In Washington as a personal services contract A exempt from competitive bidding in accordance with Section 252.022 fa) of the Texas Local Government Code; NOW, THEREFORE, the City of Denton, In association with and recognising the concurrent participation of the Cities of Austin, Dallas, Lubbock, and Piano • (collectively, the "Cities"), enters Into this personal services agreement with Barbara T. McCall Associates, Inc. 1"Consultant"). 0 • 5 I J © 32X J 0 o I 1. OBLIGATIONS OF THE CONSULTANT A. The Consultant will operet4 a unit to act as a Washington office for the Cities e.,d head this unit and as Washington Assistant to the Cities. The Consultant will furnish requisite staff, office space, utilities, furnishings, and equipment, secretariat services, common-use offico supplies and services, and generCi administrative support. B. The Consultant will consult with the "Committee" isee Section IIEI to determine Issues of specific Interest to the Cities and to determine policies and positions which the Cities as a group hold and wish to be pursued. In cases in which the City positions differ from or conflict with the Cities' group position, the Consultant will consult with ti.e City and the Committee to determine the proper f=rss of action. C. Information. 1. The Consuitant will provide regular Information on Washington Issues and events of Interest to the Cities. This will be done by, a? a regular "Washington Report," 1 bl written reports, bulletins, and memoranda on developments r regarding Texas-specific Issues, and cl direct phone contact. 2, The Consultant will present federal affairs briefings for the Cities at times and places specified by the Committee, D. Congressional Relations. The Consultant will establish and maintain on a regular basis contact with the Texas Senators and the Cities' delega+lon in the House of Representatives. E. AdmimArative Relations, The Con-iultant will advise and cons.11t on behalf of tl~e City with the White House and the following federal agencies or departmentsr Commerce, SBA, Treasury, HUD, Labor, HHS, DOT, EPA, Interior, Justice, DOE, and such other agencies, departments and commissions as may be necessary to the performance of Washington service to the O • y. City. 6 i a G~ K ICJ 32XIO MM - I s , 0 f F. Individual City Services. n I . The Consultant will Initiate and pursue research, reports, meetings, consultation and other activities on matters of Interest to the City and will respond to requests for similar actions from the City. She will inform the Aominlstrak-s and Congress of the needs of the City, Such services and activities wil' be provided at a cost of 895.00 per hour. 2. Should billable costs for the contract period appear to exceed the costs specified in Sections II, B or C, the Consultant will notify the City, together with her estimates of the extra amounts expected to be required, the reasons therefore, and her recommendation to the City. II. OBLIGATIONS OF THE CITY A. The City will contract with the Consultant for specified services for a period of one year, commencing October 1, 1998 and ending September 30, 1999. B. Service Costs. 1. The service cost of this Contract is composed of three elements: e) A retainer of sixteen thousand dollars (618,000.00) per the one year period. b) Thirty-six assured-usage hours of servlce at ninety-five dollars (695.00) per hour, totaling three thousand four hundred twenty dollars 183,420,00). • i c) Optional use hours of service at the rate of ninety-five dollars 1$95,001 per hour, not to exceed one hundred hours or nine thousand five hundred dollars 149,500.00). C. Relmbursabte Costs--Not to Exceed Five Thousand Dollars (65,000.00). 1, Costs Incident to travel outside Washington, O.C. for long distance telephone calls and for expedited commvnicetion services shall be reimbursed to the Consultant upon submission of Its invoice to the City. It is understood that travel is to be pre-authorized by the City or the Committee. In the case of travel authorized by the 7 I --:wR tl, 10 ?h 32X 4 O Committee, the City agrees to pay its pro-rata there of the costs. 2. Costs for the following items which exceed the allocation for such items in the basic contract cost shall, when authorized by the City and the Committee, be reimbursed to the Consultant upon presentation of fin Invoice: e) Subscription and dues. b) Printing anJ graphics. c) Supplies. d) Provision of local ground transportavon in Washington. el Rental of meeting facilities and other meeting expenses, 3. If an expenditure under this section is authorized by the Committee, the City agrees to pay its pro-role share. D. Contract costs are payable as follows: 1. The retainer end assured hourly costs of (nineteen thousand four hundred twenty dollars (919,420) are payable, quartarly, in advance in these amounts: October 1, 1998 $4,855.00 January 1, 1999 94,855.00 April 1, 1999 94,855.00 July 1, 1993 04,855.00 • L The optional hourly costs above the first eighteen hours of service are payable upon billing by the Consultant, after the assured hours I of service have boon exceeded. (Sec. 11, B. 21 E. The Committee. • 1. The Cloy will appoint a member to a Committee of the Cities ~ b to associated In this effort, The Committee will oppoint its own chairperson end determine the timeq and places of Its meetings, 8 2&) 32 X i • O The functions of the Committee are; a) to determine common positlons on federal issues which the Consultant Is to pursue on behalf of the Cities. b) to discuss apparent conflicts or differences on issues or projects which may arise among the Cities and to resolve them in terms of a course of action for the Consultant. c) to monitor the function and operation of the Washington office to determine if it is fulfilling the goals and objectives for which it was designed, d) to authorize travel and other reimbursable expenses to be incurred for the common purposes of the Cities. F. General. i, The City will Inform the Consultant of the personis) authorized to request services and to serve as the chief contact, 2. The City will s.ipply the C,.,sultant with a summary of the federal programs In which the City Is participating and other Information necessary to an understanding of the City's purposes In relation to the federal governpr; .it, 111, THE CITY AND THE CONSULTANT AGREE THAT CERTAIN EXCLUSIONS SHALL APPLY. The Consultant will nori A. Directly or Indirectly participate In or Intervene in any political campaign on behalf of or in opposition to any candidate for public office, B. Will not represent the Intbrests of local constituents In pursult of federal business. C. By virtue of this agreement, represent other local agencies in the City except those which are instrumentalities or agencies of the City, • • D. Perform any legal, engineering, accounting, or other similar 9 _ 32X i I professional serv)cas. I f. Expend more than two thousand five hundred dollars (82,500.00) provided by this contract In efforts to Influence HUD directly, as specified in Sec 7 (d) and 13 (g) of the Department of Housing and Urban Development Act 42 USC 3535 (d) and 3537 big) and 24 CFR Sec. 88.1. IV. THE CITY AND THE CONSULTANT AGREE A. Either party may terminate this agreement at any time by giving the other At least thirty dslys' written notice. B. This agreement shall take effect on October 1, 1998. V. PROFESSIONAL COMPETENCY A. The Consu,tant agrees that in the performance of these personal services, Consultant shall be responsible to the level of competency and shall use the same degree of skill and care presently maintained by other practicing professionals performing the same or similar types of work. For the purpose of this Agreement, the key person who will be performing most of the work hereunder shall be Barbara T. McCall. However, nothing herein shall limit Consultant from using other qualified and competent members of her firm to perform the services required herein so long as they art working in a support role to Ms. McCall. B, The City shall be able to make copies of any reports and documents prepared or obtained under the terms of this Agreement. The City shall be able to use copies of these reports and documents without restriction on their use and without further compensation to Consultant. Vi, ESTABLISHMENT AND MAINTENANCE OF REC)RDS • Full and accurate records shall be maintained by the Consultant at Its place of business with respect to all matters covered by this Agreement. Such records shall be maintained for a period of at least three years after receipt of final payment under this Agreement. • VII, AUDITS AND INSPECTION a ' At any time during normal business hours and upon reasonable notico to the Consultant, there shall be made available to the City all of the Consultant's to ell 32 X El • 0 S records with respect to all matters covered by this Agreement. The Consultant shall permit the City to audit, examine, and make excerpts or transcripts from such records, and to make audits of contracts, Invoices, materials, and other data relating to all matters covered by this Agreement. ' Vill, INDEMNITY AND INDEPENDENT CONTRACTOR RELATIONSHIP i A. The Consultant shall perform all services as an independent contractor not under the direct supervision and control of the City. Nothing herein shell be construed as creating a relationship of employer and employee between thu parties. The City and Consultant agres to cooporate in the defense of claims. Actions, suits, or proceedings of any kind brought by a third party which may result from or directly or indirectly arise from any negligence and/or errors or omissions on the part of the Consultant or from any breach of the Consultant's obligations under this Agreement. In the event of any litigation or claim under this Agreement in which the City is joined as a party, Consultant shall provide suitable counsel to defend City and Consvltant against such claim, provided the Consultant shall have the right to proceed with the competent counsel of its own choosing. The Consultant agrees to defend, indemnify, and hold harmless the City and all of its officers, agents, servants, and employees against any all such claims to the extent of coverage by Consultant's commercial liability policy. The Consultant agrees to pay all expenses, including, but not limited to attorney's fees, and satisfy all judgements which may be ircufred or rendered against the Consultant's commercial liability Insurance policy. Nothing herein constitutes a waiver of any rights or remedies the City may have to pursue under either law or equity, irr luding, wi0out limitation, a cause of action for specific performance or for damages, a loss to the City resulting from Consultant's negligent errors or omissions, of breach of contract, and all such rights and remedies are expressly reserved, B. Consultant shall maintain and shall bs caused to be in force at all times during the term of this Agreement, a legally binding policy of commercial • liability instrance, with a rating of at least A• with Best Rated Carriers. Such coveraga shall cover any claim hereunder of^asloned by the Consultant's negligent ~fofesslonal act and/or error or omission, In an amount not less than $500,000 combined single limit coverage occurrence. In the event of chango or cancellation of the policy by the insurer, the Consultant hereby covenants to forthwith advise the City thereof; and In such event, the consultant shall, prior to the effective Q • date of change or cancellation, serve substitute policies furnishing the some coverage, The Consultant shall provide a copy of such policy or f1 " .d i yY±~ y . 1 0 i " AOOf111Yt . l:hl;.. •r,gli~'.+A':,krD.rrsrr,"+ r.T:frtxr4c.f.xX'~c~tsialrr.~P'Y.:K,:t~WOCtikAFwV.'It.Y$t~7A"~Gi!c!Pr'Y,~Pr`•nts,~gcmrrrad~ ..~..w.~:, the declarations page of the policy or a certificate of insurance, whichever is reasonably satisfactory, to the City through its City Manager I! simultaneously with the execution of this Agreement. IX. COMPLIANCE WITH LAWS The consultant shall comply with all applicable laws, X. GOVERNING LAW x This agreement shall be governed by the laws of the State of Texas, venue and jurisdiction of any suit or cause of action arising under this agreement sheli lie exclusively in a court of competent Jurisdiction sitting In Denton County, Texas. I t i h zz u1 R la ; 12 M v 1„1 m,~rr. -f •I~~ 2X 10 :..mss, _ A ,#A NXIA o Veawm -._-r , , . n,;««. r r.:,r~di XCpfvtr, ,Y 4'OFC:^:.W^m. i. A^'aFSt'sr+Y++""~.r ~ nw•.~.:: 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 FOR THE CITY OF DENTON, TEXAS i Mike Jaz City Manager I Attest; Jennifer Welters City Secretary Galk.. . C ~ Barbara T, McCall, President Barbara T. McCall Associates, Inc. 1401 K Street, NW Suite 700 Washington, DC 20005 202.8426430 Federal Employer ID N; 62.1908049 r • E Approved to legal form, By: ~ 0 Herbert L, Prouty, City Att ney 13 r r t irj l_ I 32JW, KAL 0 r ApmdaNo . AGENDA INFORMATION SHEET Agonda Ilaa/mn i AGENDA DATE: October 20, 1998 DEPARTMENT: Planning Department CMIIUCM/ACM: Rick Svehla, 349-7715 I I SUBJECT-Z 98-041; (Cross Timbers Girt Scours) Consider an amendment to Specific Use Permit (SUP) 193, a 5.4 acre tract, changing the conditions to allow the addition or a portable building for the purpose of office space expansion. The current conditions of SUP 193 allow for the operation of an office headquarters and activity training center including ovemight camping. This property is legally described as lot F, block E of the Ranch Estates Addition, more commonly known as 401)0 W. University, and is located on the north side of stee Hwy. 380 (University Rd,), approximately 1300' east of Masch Branch Rd. in the city of Denton, Denton County, TX. The proposal is to bring in a prefabricated building for office expansion. BACKGROUND 1 he applicant has requested to amend the SUP on this P,^npcrty to allow for additional office d space. There arc currently two strictures on the properly, an office structure and stables, both with a log cabin facade. There is also a fence along the northern and western boundaries. The proposed development is consistent with most of the Po!°cies of the 1988 Denton Development Plan (DDP) as applicable and many of the 1998 Denton r'an (DP) Policies (see Enclosure S of the Planning and Zoning Commission Staff Report -1998 Denton Plan Policies Analysis). Fight (8) property owners were notified of the zoning request. Two (2) responses have been received; zero(0) are in favor, two (2) arc opposed to the request. 'I lu subject property is located in an Agricultural (A) zoning district since its annexation, In 197 L the City Council approved a SUP for the operation of a veterinarian clinic at this location. On June 23, 1987 the City Council approved an SUP (as required for civic clubs in Agriculture tuning districts) for the operation of an office headquarters and activity training center for the Cross Timbcrs Girl Scouts with tl c following conditions- 1. The six (6) foot wood fence along the northern and wcstem property lines be repaired to form a solid screening fence. 2. ONcmight camping is not permitted on this site. In August of 1987, the second condition was repeated and restricted overnight camping was permitted. Those restrictions placed on the overnight camping are: 0 i • That the six (6) Not wood fence along the northern and western property lines be repaired to form a solid screening fence; 2. That no more than 30 campers ill mcupy thi site at one time; 3. That camping activities are restricted to the northwest comer of the property; and 4, That camping activities will not occur on more than three consecutive evenings. 1. 94 32 Iq WE, 1 I d• l Y O i v. _ ~ ....e , .1 Y¢il'k:+s edi x Y>:n •s •M AMnMY1:0.JfiMF'd'/'f~.M1R Mrn V•RY gC.Y4'Im N. ..Y'' ~ a'., ' PRIOR ACTIONMEVIEW (Council Boards, Commissions) The Planning and Zoning Commission recommended approval (3-0) of this zoning request on September 23,1998, as recommended by staff with the following conditions: I. That the location of the building shall be limited to the area between the existing stables and highway 380 and outside the ttoodway. 2. That the appearance of the building shall conform to the character and appearance of existing structures. 3r That the existing fence along the north property line shall be repaired prior to the Certificate of Occupancy for the office building, leaving the bottom edge of the vertical elements of the fence six to twelve inches above ground level. FISCAL INFORMATION Development of this property will increase the assessed value of the city, county, and school district. It will require no short-term public improvements that are the responsibility of the city. As a form of lofill development, no extension of public infrastructure is necessary to service this site. ATTACHMENTS 1. Planning and Zoning Commission Report, September 23, 1998, Z-98.041. 2. Planning and Zoning Commission minutes from September 23, 1998, 3. Draft Ordinance. 4. Photographs Respectfully su We Hill Director of Planning and Development Prepared by:: f rina M'cElllrYcc th • Planneril i 1 c' A Wr IiI ~ 1 l i \r t 2• era" ~ , . . ill - --l~5 K 0~` 32xlo b . 1' • o r S ~ Cum" r , -s r . -..i .nr +r,.r.'. 8..1.P q::i~vY r\'-+vMims: el. v.. .,:r..•. ~ • v I ATTACHMENT 1 PLANNING AND ZONING COMMISSION REPORT STAFF REPORT • i Sublect: Amendment of SUP 193, base bar: Z-98-041 Cross Timbers Girl Scouts Council Staff: Trina Mc'elreath, Planner II Mande Date. September 23, 1998 PURPOSE ter''"'vwn nhyN awep+aumxp wuwm w✓wra.h.ar..;o g ~pr~ Ar.4i/~+M rwMM u~:ar wa':ea ylJ rr/!: Hold a public hearing and consider making a recommendation to the City Counat oonceming an amendment to Specific Use Permit (SUP) 193, a 5.4 acre tract, changing the condiwns to allow the addition of a portable building (*4 x. 60) for an o" expansion In an Agr{cultufat (A) zoning district. k CTGS Lim = 4 J ~w N , (T W 6 _ S .1 =ttl p SITE Wti!sshp NO 3. ! f l y ir,.•~ r i y ~ i ;~G 75• 32x~❑ 1 7_ e 0 j GENERAL INFORMATION Applicont: James McDade President of Cross Timbers Old Scout Council " 4000 West University Denton, TX 76207 Owner: Cross Timbers Girl Scout Council 4000 West University Denton, TX 76207 Location, Located on the north sloe of State Hwy. 380 (University Rd:), approximately 1300' east of Masch Branch Rd. Sise: 6.4 acres. i BACKGROUND; x> nror:.:,ava .niscs yms Y.m :,w be,i,a a,maia.raa r.Ss ¢e:ry The subject property has been zoned Agriculture since Its annexation In September. In 1971, the City Council approved an SUP for the operation of a veterinarian clinic at this location On June 23, 1987 the City Council approved an SUP ( as required for civic clubs In Agriculture zoning districts) for the operation of an office headquarters and activity training center for the Cross Timbers Girl Scouts with the following conditions: 1. The six (6) foot wood fence along the northern and western property lines be repaired to form a solid screening for,,ce, 2: Oveinlght camping IP not permitted on this site. In August of 1987, the second condition was repealed and restricted overnight camping was permitted. Those restrictions placed on the overnight camping ere; 1, That the six (6) fool wood fence along the northern and western property Ilros be repaired to form a solid screening fence; 2. That no more than 30 campars will occupy the site at one time; 3. That camping activities are restricted to the northwest corner of the property; and 4. That camping activities will not occur on more than three conseculfve evenings. REZONING PROCEDURE • 0 • A gzoning request must follow the established procedures for public /nvoilrerrtenf, First, the Planning and Zoning Commission shall hold a public hearing on any application for amendment or change prior to making Its recommendation and report to City Counc-l, Notice of the public hearing must bo provided a minimum of ten (10) days before the date of the hearing by publication In an i 4. 32 X El • o asssaesssaa I official newspaper of the city and by written notice to all propr rty owners within two hundred (2DO) I feet of the site to be rezoned. m-+i•r.vv- ~S.U.P.FtE~UIREMENr Sec. 35-110 of the Zoning Ordinance reads, "The procedure for amendmf nt of a specif'^ use permit (SUP) shall be the same as for n new application; provided, how( er, that the director of planning and community development may approve minor variations from the original permit which do not Increase density, change traffic patterns..." . This particular amendment does not qualify as a minor amendment because it would increase density. COMPREHENSIVE !'ALAN ANALYSIS' • „ ° ° . 1933 Denton Development Plan Analysis The 1988 Denton Development Plan (DDP) shows this area to be within low Intensity area. These areas emphasi•ce low density residential land use developments: They are Intended to protect low density residential areas on the fringe of major activity centers. Development within theca low intensity areas A limited to 60 trips per day per acre in order to balance development with road capacity. Staff finis the proposed de r lopment to be consistent with both the policies and trip intensity standard: of the 1988 DDP. DDP Poligies Analysis ! Dentoc Dev.lopmenl Plan Ill Analy.'.e Summary Low Intensity Area Development Rating vs. Policy Significantly Somewhat Consistent POLICY COMMENTS Inconsistent Inconsistent Intent These areas represent While not a reslQential QQ Imary housing areas wi hin the use, this nrope ry Giy. repr Sen>Qes a low, mtaps tv N X resentlhl l l epnrt erity Inlepslty, To be cerr,'stenl witt This 0velg~ment is well the Plan, a develo00rna001 should ¢ low, is allocated X not exceed its allocated Intensity. ntensity. _ Site Plan Control. Strict pro~erV dev lolpment conlr~l I win 60shd0 feenebferexasexistin density re g ov X al Trefflc ~~eslan. Access shoulrt Acres i3 oti of University e rovlCad?l en ure the! mul:i• `U S : a primsry laIrger rray o nun•reshlential uses 1naJor artErial j re access to oc lectors or arterials, w th rIO duest ac K a .:irouv r resiUential streels. X C an Space. SuBroient reen Most oft a facilit Is v en sDpace, recfeallonal fault 3 af~d spBCe wi recre ti x d7versry of parks ere proV d` ngt is un er the it UV, f Public Q P + b X l c l ' tion Input Into A nef~t~ g ood~neeting ~lannfr. ne hborf as e d 14!98, x essoc;a io s an count s Is owever ere were no 3 r, 2 X f O i~11Y I Denton Development Plan Policy Analysis Summary Low Intensity Area Development Rating vs. Policy Significantly Somewhat Consistent POLICY COMMENTS Inconsistent Inconsistent assoGa a councu s s er ere were no encouraged atten s. Landd U;eDiversity Non- Thi adds to the are Esideipnptrianl anp mu i4amilyy~ tr property divbrsRy to a I eyed degree encourageo to a m AS30gree. X Manu (s] a o ei g This t th~e`I Ind ;h adr e v eecclt to mans. y NA pp C eonGn Commercial. n i rpaa is n~ baa lomwe~ al would lowoir ~ii area"k i or near x SUP CRITERIA There are seven (7) criteria that must be met In cyder for a specific use permit to be issued: 1) That the specific use will be compatible with and not injurious to the use and enjoyment of other D property nor significantly diminish or impair property values in the Immediate vldnity. The proposed addition would be placed behind the existing office and would be compatible with the site and would not interfere with the enjoyment of neighboring properties. 2) That the establishment of the speck use will not impede the normal and orderly development and improvement of surrounding vacant property. The proposed addition would in no way affect the development of surrounding properties. 3) That adequate utilities, access roads, drainage, and other necessary supparting facilities have been or will be provided. All facilities necessary to support this addition are currently in place. 4) That design, location, and arrangement of all driv6+vays and parking spaces provides for the sar9 and convenient movement of vehicular and pedestrian traffic without adversely affecting 0 the general public or adjacent develcpments. The driveway currently serving the property will continA, to be the only means of access and parking availability and mobility will be mlintainedr 5) That adequate nuisance prevenbun mea cures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration. There are no nuisances of the desc,,bed nature related to the proposed addition. O 6) That directional lighting will be provided so as not to disturb or adversely affect neighboring properties. The hours of operation do not demand additional directional lighting. 6, i r 4 1h 32XO e , 0 uvarmee j ' F s sufficient landscaping and screening to ensure harmony and oompatibility with operty. caping and screening will remain. i Denton Plan Po11c1es Summary The proposr:t ss wnsistent with the policies of the Denton Plan. Traffic counts for this section of University (U.S. 380) are not available, however the size of the addition does not Infer a large impact on traffic. Existing infrastructure is available and wnnections to the existing office will be used for the addition. This addition meets the neighborhood category by enhancing the productivity of a youth services provider. °Rg.~.aa~~,:,, :,ti .v •.,s:.,, . ..rs;f+r~.w.~y~~a,? SPECIAL INFORMATION 1. Transportation K r rip generation: The traffic aunts on University (U.S. 380) west of Mesa are not available. The trip generatbn for this addition is likely to be 21 Wps/day based on ITE data. B. Access; Access will continue to be off of University (U.S. 380) with no direct access through resi"ential streets. C. Pedestrian Linkages There are no sidewalks on this section of University (U.S. 380). 2. Utilities This site has access to existing water and sanitary sewer lines: Water: A 8" water line is located in University (U.S. 380) and provides adequate capacity for this use. Wastewater A 10" sewer line is located in University (U.S. 380) and provides adequate service for this use. Pro rata fees were paid and connection was made to this system In 1987. Y Fire: Fire hydrant coverage Is adequate to serve this site, there Is a hydrant located on the n north side o' University (U.S. 380) Immediately in front of this property. s 7. 32 ri A 0 M 3. Drainage and Topography This site is entirely located within either the floodway or the floodplain. The current proposal will have to be elevated 18" above the base flood elevation and may not be located in the floodway. Major renovations and ar:.rtions will require drainage Improvements Including a driveway culvert. 4. Signs There Is currently one ground sign, no others have Been proposed. 3. Landscaping The proposal does not 'expand existing gross floor area of the tot's structure or structures by twenty rive percent (25%) or more" (sec.31-4(2)a. of the Code of Ordinances), therefore landscaping per the new ordinance is not required. i 6. Lighting Lighting that will disturb or adversely affect neighboring properties Is not proposed, 7. Environmental Quality Impacts A. Noise: Minimal impact, the site is largely used for administrative services to support the Girl Scouts. B. Soil Erosion: Soil will not be significantly disturbed with this proposal. ti i PUBLIC NOTICE Notice of the zoning request was published in the Denton Record Chronicle on September 13, 1998. Eight (8) property owners were notified of the request on September 9, 1998, As of this writing, there have been no responses to request. The 20 percent rule is not In effect, A neighborhood meeting was held on September 14, however there was no one In attendance other than staff, L... < . R s .;u RECOMMENDATION: -77 This proposal is consistent with the Denton Development Plan and would enhance an existing community service, therefore staff recommends approval of Z-98-041. MOTION: 1 move to recommend approval of Z-98-041. A 8. 32 x , O i . ht u. ..r.: ....,u...:+«...:~iae.....r:wer.awe v.w~,.n .,..w. . r. . ALTERNATIVES: '*A", ~~IW400,vO, 4 , r ;x,~'s «w, 4r,,,t ~ ►t + ; r 1. Recommend approval as submitted. 2. Recommend approval with conditions. 3. Recommend denial. 4. Postpone conslderatio, . 5. Table Item. I I i e ENCLOSURES: -o*NA i < ?aX WO f 1. Location Map f 2. Zoning Map, 3. Utility MF.p. 4. 200' Property Owner Notification Map. 5. 1998 Denton Plan Polices Analysis B I i ~ G r 4. , tF 25 X c O .,.~...1 'q i. r n. r. • _ .rv..a.a wun rY.LLIJp1WMY~~SW UH. vApblaltlftksaa VN.RrA~JA4wya•.rn r Enclosure 1 Location Map Z-98-041 r CTGS Locaton Map N 77 -F LLJ- 1'al~~W4 ` W~1 ^/1 2 SITE Road namesshp CKAm.shp Parcel.shp Parcels Wxdata.shp Rallroadshp Location Map ` r • i 1 J~4 i 1 , 6 P; is ..d ;V f, rLrd II1d~M 10• f i I a. ' n 1 K&A' 25X 10 32X '1 ~ ~ 1 r, r r e. 1 0 WAN" Enclosure 2 Zoning Map Z-98-041 + CTGS Zoning Map r B 1 b e 9 P -6 w .40 °a a b d b O t~f 4 6 f m p ® of.-. Q d A ` . s wo- A cux;w Z m a m A LI LI r A A Road names.shp an M ` Bullding.shp , OtA m.shp PD n A Parcel•shp i I Zoning-pd.shp t Zoning.shp Parcels taxdaush Zoning Map ~i r I ~ >,,s r r 25 x ~a 32X i I • Rim ' ~ r r O ....~._..-..r..fr,.,...wM.:..JA:fYA~ga v..nyiNbctr:h.•.nrP+.r nv.m.f . a. i 1 Enclosure 3 U611ty Map Z-98-040 CTGS Ut[II Ma .q t ls 0 I 16 N r r Of ran a p to b a elan ~ s Ch o, a . a P a 8 P 10" Sewer Line Z m d to U Road nanwishp Bulldina.shp Electric b" 1 hUt Line Wm.shp Parcel.shp °a t • Hydrants.shp /v Sewerin.shp waterln.shp Electdc.shp Parcels wdata.shp _J { • Utility Map i 10 f 12. 25 32 "10 A "I v 0 *AVOW r p t 1 ti, V I ' ,.,_r..:oka, ,....,.•:w~•a;:%ave.m.e+vreu+m.......-.w. v>.ea. . I Enclosure 4 h 200' Property Owner notification Map Z-98-041 CTGS 200' Property Owner Notification Map - N ~ W E 4 1 E f U I \ Road names.shp Cltyfim.shp Parcel.shp i Parcels mdatashp 2000 a 2000 +000 ri.t Railroad.shp I • 1 j 200' Property Owner notification Map I I t k. 1 I, 13. r ' j4 4 2~ r 32xC~ i 41*A Mom II i , 1 Enclosure 5 1998 Denton Pian Policies Analysis Z-98.041 1998 Denton Plan Policies Analysis The 1998 Denton Plan (DP) is to be used in conjunction with the 1988 Denton Development Plan in evaluating the consistency of proposed development with the long range vision for the city. Staff finds the proposed development to be consistent with the policies of the 1998 DP. The table below provides a summary of the 1998 Denton Plan Policies applicable to this project: Denton Plan Policy Analysis Summary Development Rating vs. Policy Now ' CATAGORY POLICY Incunsislent Appliable Pmsivot I Tnnsporlatlon. Compliments Demon's long-Wrge Thoroughfare Plan Pronwtes Access Managenrni Practices x Opl imi ms *,a ions for enwrienry service providers and - oJin publ ic tcrvict pmHden ^nornot" public trunsportalion rysLtlt Cwstribu tes to the Ucnum trails racmA Stormw at er It ulna ge. Protects I00-y ear Mxxlpla in areas in aacnrdancr with[kn Inn's x watersbrrI nanagenrnt plans. Ccmfor ns to kcal suhdirisI on msuldions. x Coninh es to regional derymlon facdnics x Prosides for nalural riparian tnrirunwri along naxlptain x Upgrades u~sllrtg mhstandanJJnin,st systenauinrilland x i wdes eh,p nr ni occur. , S1'aterond Hoc,aater. Dv elope and mrilains pro,crly andprilate infrastructure x Cnwlci orr4 lunity for mcnirins%atcrand wsetc%atur'Ina vv ga to nwct future des61pment dcnunds x . i PrIwdes owca orpnMosed waw, and •astt%aler _x inrrmtructum io emunepublic safcty and health. ' - X ' Pron,icsinlill imprmememsoucrncw Inc emcniocnts. x nn Fintrle. Pnwidcsundcrgruund etrctriracnice (Irrncw residooial and S nsnresidcntlal drsclnpn,cnl x ' Solid NA de. Pmn A,%cntcienl acces, h) an dapitamt rnr ciidwage 'I I x sen oc delivery Parks and Rrerratlon. 1 ncales parks and nYn'a17lm raciliho in accordonct with the x _i PWID and RCUCIIIIno Slralcgic Plan. I nhancu. parks and Irma 'ion oppnnumLn fur rv% kA is x i 1 ,,cases Oo,nrplnn for pinks and npcu sp;ISe lu aid nI V O • na dplain cnnscn atrnn lttorta. A Allows cambmms of pork, with who public fuciloics to V a:hlereV' k ALtrve detisery ofpuhhc u %v% x i Rrs~denlial dcstlnpmiot sNjuid dodlcate land or rocs in imo of ] x d land for ntishhnrhasd parks 12 lYr. •,o I.. /n•. !',r 14. i i ty ,ss~x v ;%r~ 32 X f t ~ u ~ I. • 't . S ~ t I _,`..r•o„.:. n. n..,.. _ wn, r:o. ..i'r:..t.'+M^0'<JY#'+TMwn~.rau.Hne ~w:n~,yr.. row,n r.~+a.. ~ j n w Y I Denton Plan } Policy Analysis Summary f . Development Riling vs. Policy CATAGORY POLICY Incansiwnt iFrible.7.', Consistent s Environmental Quality. Promotes prv a ztioa of natural sescIew. 4 4f k If Inuegratcs enviror.MMI pnoWion with economic growth and t y -"w". community devebp;mit Neighborhoods. Provides accen to public and consnunity facilities for ya ~~Y a ?.'ph'i, X meidental rseighbortnods. Encourages a mixture of land uses that benerit tesiden u, .t 4 rtY~' X Protects and preserves existing noghbAriodi .w ~ fr ' sv r,',, ! Promotes bicycle! id pedeulan Inffc within and between t ' ^,n ~"L': nei ltborhooda or educe vehicular trips w x r"u h Housing. Provide a range of housing type flat appeal to differing t i ecawmic and individual life-style.~'d Orrm a variety of dagle-ramily IM sifts, building aiae, and „~,fk°i `.I price range. I I'micnes existing bmiing, including orfordable hauling. on P;;f, 1, Inncaves Mill hmiing cowIrmction. Feenomle Dlvenlrkstion con nibutts to a sbong and divmiried local econorny by `"~1}`~vk. r;:v X it m.a no errploymcni and expanding the tax base xlr + ^ ` I a y;.vp Gore; amenL Encourages intergovrm mentel eMNQination to provide cost• eRecGve public services. Urban Dn1gn. Addmwi community appearance to a contpnbasive mannn, rl i '~4hv a versi Met Anhi tecturol oppe^nmc or buill ens PA menl Nciebcdwod in611 development should be eoopatible with aioinglmdusciandbuildings. 77-'~ X Protects and preserve Rmtoo's architectural, cultural and historical ttu rrm. v' 'Y Enhances the sppcsnnce along major rntrwceways, Promote the preservation of no and landscaping, Mid Public tmalvement Provides an opportunity for public opinimi during thin planning X n ~ procets. WSJ t w i 13 l'io+niPinai /aq ra 6„p lr/91 ~AIdx 1Jr I 25,10 2X meow ' o ,,ssxxr. P iann io g and toning Commission Minute s September23,1998 Page 12 of 28 ATTACHIiENT 2 Ms. Gourdie, Actually, I'm just curious. So, it's sires y done on the spotted half? I mean, you don't have to do anything because it doesn't say we're swapping. It just says we abandoning [he.... Mr. Salmon. No. We're abandoning that, Mr. Bratcher is in the process of granting the other easement Ms. Gourdle Okay. So, it wilt be a-for swap, Mr, Salmon Right. And this goes on to City Council. So, by the time this gets to Council. I would assume we'll probably have the other easement already in place, Ms. Gourdle. Thank you. Commissioner Engelbrecht. Any other questions or discussijn7 All In favor of the motion, please raise your right hand. Motion carries unanimously, (5 - 0). Thank you. Mr. Rishel, Thank you, Mr. Salmon. 'I F--pu7BLIC HEARINGS - ZONING CHANGE 9, Had a public hearing and consider making a recommendation to the Cloy Council concerning an amendment to Sprout Use Permit (SUP) 191, a 5.4-acre tract, changing th.• conditions to allow the addition of a portable building for the purprse of office space expansion. The Property Is located on the north side of State Hwy. 380 (University Drive), approximately 1300 feet past of Masch Branch Road, within an Agdculturol (A) zoning district. A portable building to expand office space Is proposed. 12.911-041, Cross Timbers Girl Scouts, Thins McElrealh) Commissioner Engetbrecht This will move us to the public hearing phase of the agenda this evening, We have item 09--one item for public hearing. Item 09 this evening is to hold a public hearing and consider making a I recommendation to the City Council concerning an amendment to Specific Use Permit 193, a 54-acre tract, changing the conditions to allow the addition of a portable building for the purpose of office space expansion. The property is located on the north side of State Highway 380 (University Drive approximately 1300 feet east of Match Branch Road, within an Agricutural zoning district A portable building to expand office space Is Proposed, Ms. McElrealh will give us the slaty report . Thank you Ms. Trina McElreath presented the staff repot Ms McElrealh. Yes, thank you The subject property has been zoned agricultural since 45 annexation. In 1971, the City Council approved the specific use permit for the operation of , veterinarian clinic at Ibis location On June 23, 1987, the City Council approved an SUP, as h.quired for civic clubs In Ag zoning districts, for the operation of an office headquarters and sctivi) training center f a the Cross Timbers Gad Scouts with The following conditions, a six• fool wood fence along a northern and western 3roperty line to be repaired to form a solid screening fence and that overnight camping was not permitted on the site, In August of 1987, the second condition was repeated end restricted overnight camping was permitted Those restrictions placed on the overnight camping were [hat the six- foot wood fence along the northern and western p operly lines be repaired to form a solid screening fence; that no more than 30 campers occupy the site at one time, !hat camping activities were restricted to the northwest corner of e the property, and that camping could not occur on more than three consecutive evenings This SUP was required because it was a civic renter or a civic activity, which is what we require In Ag zoning. The amendment Is required because this Is not co(i dared a minor amendment because B increases the density on the tile. The Director does have the authority to approve a minor amendment as long as k doesn't do one of the following things-and that would be increase density, change traffic patterns end things like Ill This particular arts will increase Ina density becaure they're proposing a portable building for office space, which could Increase by four office spaces, thereby by four people The Denton Development Plan analysls-Ih+s proposal Is In conformance with the Denton Development Plan analysis to a large extent, Although It is nor a residential use, the property represents a lav intensity use in what is primarily a residentiat area It Is well below Its allocated intensity it has access off of University. a primary major arterial. Most of the facility is open space with recreational rights under the SUP. A 0 0 neighborhood meeting was held on the 14th of Seplemi however, there were no participants at the meeting The d property adds to the land use diversity to a I,ni to ' legree and strip commercial would not be allowed. Tinere are seven critena that must be met in order for a Specific Use Prrmil to be issued. All seven of these have been met and that would be the proposed addition would be placed behind the existing office and would be compatible with 16. r _W".r,anrr~ fL- r~ • Imam . , . j. 0 r t aaararn , I Planning and Zoning Commi ssion Minutes September 23,1998 Page 13 of 28 the site, would not Interfere with reighborhood properties. The proposed addition would in no way affect the development of surrounding properties. All, facilities necessary to support this addition are currently in place. The driveway currently serving the property will continue to be the only means of access, and perking availability and , mobility will be maintained. There are oo nuisances of the described nature related to the proposed addition. That would be offensive odors, fumes, dust, noise, vibration. The hours of operation do not demand additionst direct bghiog. And the existing landscaping and screening will to nain. The proposal is cousletent with bte policies of the Denton Plan as wall. Traffic counts for this section of University are not available, however, the size of the addition does not infer a larn, 'mped on traffic. Existing InfrasUUCWre is available and connections to the existing office wit; be usod for the addition. This addition meets the neighborhood category by enhancing the productivity of a youth services provider. As slated, train; counts for this section are not available; however, the Idp generation for this addition is likely to be 21 trips per day based on ITE data. Access will continue to be off University with no direct eccew to res;dentiul streets. There are nu sidewalks on this section of University and none required with this propos?I. The site has access to existing water and sewer lines. No additions ore proposal. The site Is entirely located within either the floodway or the floodplain. The anent proposal will have to be elevated I8 Inches above the base flood elevation and may not be located in the floodway. Major renovations and additions will require drainage Improvemnnts including a driveway cuNert These are utilities maps that you can see that water and sewer a' and electricity are all available on University with fire hydrants located right there on the south side of the lot. There r' is currently one ground sign on the property. No others have been proposed. The proposal does not expand gross floor area of the lot structure or structures by 25% or more, therefore, landscaping per the new ordinance will not be required Lighting that witl disturb or adversely affect neig rborhood properties Isnct proposed. Noise-there will be a minimal impact, The Rite Is largely used for sciministrative services to support the Girt Scouts. And the soil will not be significantly disturbed with this proposal, to soil erosion Is not a concern. Notice of the zoning request was pi,Nished rn Denton Record-Chwicle on September 13th Eight property owners were notified of the request on September 9th. As of this wriling, there were no n0ces of opposition returned, However, on the 22nd, we did recdlve two. I'll pass those to you now. These two property owners do constitute more than 20:6 of the surrounding land area, therefore, 8:e 2D% rule is In effect. The Proposal Is consistent with tho Denton Development Plan and would enhance an existirq rr,nmunity, service. And that Is all I have at this time, Commi,sloner Engelbrechl. Commissior.er, questions for slay Mr. Moreno. I didn't undersiand what you said about the 20% rule, Ms. McElreeth The propr!y owners that sent in Ihe'c opposition make up more than 20% of the surrounding land owners fill Moeno. Okay, Comm;^sioner Engelbrecht. I have one question, Under Special Information, Item 03, that'd be page 8. Drainage and Topography, you said "this site Is entirely located within either the foodway or the f'oodplaln' MS MCElreath, Yes 1 CommissVnr, Engelbrechl, 'The current proposal rill have to be elevated 18 inches above the base flood ` n e elevation.' , Me. McElretth: Yes, sir. { Commissioner Engelbrecht You're saying that this portable building that's being requested will need to be 15 Inches ebv a base flood elevatiori7 Me. McElreath, Yes, sir ° r Commissioner Engelbrecht. And I'm assuming they already know whet that, what base flood ulovation Is e t Me. McEvealh: Well, that'll be determined at the dme of bulldirg permit Commissiorer Engelbrr•aht, Okay Ms. McElrearh: (inaudible) Via topography. David Salmon had a rough guess on that It will probably he about % three feet r r pill, --25 1 32X ❑ %&M A19 _ROL iilaalGa 1 I Planning and Zov ing Commission Minutes September 23.1978 Page 14 of 20 Commissioner Engelbrecht: Okay. So, Wit have to be raised about three feet. I know [hat drainage is an issue out there very definitely. All right. Any other questions for staff? Okay. Thank you. Is the petitioner or petitioner's representaflve present? Would you like to make a presentation? If you would, give us yout name and business address please Mc McDade: I'm James McDade, I'm the President of the Cross Timbers Gift Scout Council. I live at 1108 East Sycamore. Ard Ms. McElreath explained that there would be more traffic Involved. This will not Virg any more traffic In the Council system. Ware j~rst adding the bulid ings to move lour people out to the building because when we bought this building, we had 1,700 Wit's involved. Now we have over 7,000, and we need more space. Comminslorer P.ngelbrecht: You'ia saying that you won't have tiny additional personnel? Mc McDade, Well, the personnel will be moving out of the building that exists Into a portable. Commissioner Engelbrecht: And you're going to use It for other functions Mr, McDade. Right. it Commissioner Engelbrecht: If I might, haw large Is this building you're proposing? What are you..., Mr. McDade. The one that we're wanting f CommissionerEngelbrecht: Yes-theportable. Mr. Mo'nade. Fourteen by sixty. - Commss onor Engelbrecht: Fourteen by sixty? Mr. Mc0ads' Yet Commissioner Engelbrecht: And I haven't teen-requests are coming. I know frequently a concern Is, with neighbors and others, Is--how Is this going to conform to the existing structures 0 terms of its enarocter and nature, and that is somewhat a unique faulky you have there. What are you going to do to make it conform to sort of the archileciural style that's already there. - - Mr McDade 'Nell, whatever the Council recommends, We'll try to do what we have to do to bring It to that code like the building Commissioner Engelbreehf Well, certainly there'll bs construction requirements In terms of the height and that tort of thing, but I'm talking about the architectural facade and that sort of thing to make ft Wend In with your current facility, Mr. McDade Well, that's what-we're going to work on that. We had to get everything situated before we got Into the plans of-we're Going to have a contractor to Dome out end see what we can do to meko It Wend into the building that we have already. 0 Comp aissioner Engelbrecht. Oka;,, to you're going to try to make IT lock similar to the structures you have now. 1 M, Rlshel One of the letters that you have-I don't know if you've had a chance to read the letters that were sent In for or against-references the fence that you have that was a requirement for one of the other projects that you had end that the fence is falling down and In disrepair. Is there any intention on your path to try to do sorrv.'hing To be good neighbors? a r Mr McDade. Oh, yea. We can fix B. We have everything out thereto fix that with. r 0 Ms. Gould* And one of your neighbors is opposed to this projend. One, they stated-did you gel a chance totted these, by the way? Mr. McDade. No; I fidn't wI 18. Ik x ❑ 10 -32 x I till) v 01 9 sms as • O 1 rsasw3+s + Planning and Zoning Commission Mi nutes September 23, 1998 Page 15 of 28 Ms, Gourdie She stated that the fence was falling down and secondly she feels the !wilding would not be appropriate in your neighborhood Again, I guess that's because n's a very vague Idea what a 14-by-Wfoot bui ding's going to look like, t :rr.4e .,,re like a trailer home or, you know, just like a mobile home Is going to be plopped right there -which to me, r hen k rays 'portable; that's kind of what I'm thinking, too. i Just, just to y'all know, maybe n might be nice to go find out who this neighbor is and go talk to them about what the specifics win be for lire project so that they don't feel as uneasy about the situation and whalever's happening. But I'm sure k y'all are good neighbors, which it sounds like tint's what Girl Scouts promote-so. I Mr. McDade: The fence will be repaired, but the building will sit directly behind the building that we have existing now And between that building and where the homeowners are, we have staYas there that have been there for yearn Actually, the site they'll be looking at will be right in the back of the stables, Ms Gourdie. 8o, it'll be out of their view Mr. McDade: Out of her view. Ms. Gourdie So, her main concern's the fence, then. That'll be great that one II have that opportunity, Mr. RisheL And your neighbor cites the fact that she's lived the *a seven years and the fence has been failing down for seven years, so Mr. McDade I just went out and bought new lancing to put around that area. Cnmmissioner Engelbrechl: We'll ask staff to make copies of that end see that they are provided to you, Any other questions from the Commissioners? Mr. Powell Yes. I'd like you to repeat for me what you said about the number of scouts when you went Ihcre and the number of scouts now. That was a dramatic Increase, If I heard n right. Mr. McCade Yes. Whe i we cent Into the building, we had over 1,700 girls Now, we're up to 7,(100, and we need more spadrMr. Powell. Thank you That is a dramatic differr nce, Mr. Rishel. I was listening to Elizabeth's comment, and I'm- and like her, I'm canor,med about a mobile-home-type structure being brought In there and not being a good neighbor and being visiby kind to our environment lhe,e What do you see This building-do you see this as a mobile home? Mr. McDade fro, we're going to have . Comn,issierer Engsibrechl, Speak into the microphone so we cart record d. Mr McDade. We're going to ha. ^ the building constructed bye gentleman out on 380, and N win not be a mobile home. Mr. Risher. Okay, I , r"ommissior,er Engelbrecht. Any other questions? Thank you. Appreciate n. Is there it present who would like to speak in favor of this petition? Anyone present who would like to speak in favor of the petition? That being the case, Is there anyone prescrr who wood like to speak In ofposition to the petition? Yes, sir. If you would, please, give us your name and address, Mr. McReynolds. Yes. My name is Glen McReyno'ds . Commissioner Engelbrecht I can't hear you Mr. McReynolds. My name is Glen McRe;noids. I live at 4007 lariat, which Is immediately noM of the area It's ' the one furthest to the west; and my neighbor, which Is the other respondent, was unable to be here. I speaking to the lence, behind my house there ere approxlmaley 15 fence posts. I've replaced four of them and put the fence back up tecause it was completely blown down. You know, that's pal of our concern and my neighbor's ooneem 19. r, 215 32XI❑ .rr ~ ~ 0 Planning and Zoning Commisslon Minutes September23,1998 Page 18 of 26 { about the thing Is that [hat fence-.d leas! the tack part of it thal'e adjacent to our property, and N continues on the east and then back to the north, back towards MO--That's been In disrepair the entire time we've been there, too. We were unaware from the description of the statement where this place was going to be, what tins portable building , was going to be, where N was going to be located, what N's going to Wk like-anything like that So, that was our immediale cause of concern, Again like, Ms. Goodrie? Ms Gourdie: Gourdie. Mr. McReynolds, . stated that we had visions of in mobile home going up there or something like those classrooms adjacent to some of the high schools around here. If [hose Issues wow addressed, if the things completely out of view, I would maybe back on of the opposition to it e little bit. But still N has some question as to why would that large stable that's right there that's already of log cabin wnstiuctio i like the administration building is now-why it wouldn't be more economical to refurbish that-rum that Into much larger building than what they proposed. I Just think that these issues would have needed to be brought out. There was a neighborhood--I didn't attend the ' neighborhood n,eeting because I was working at the time That's the extent of my concems. ~ . Commissioner Engelbrecht. Commissioners, questions? Mr. Rishel: What I'm hearing you saying Is the fad that you, like us, are glad that we are not looking for a portable, mobile-home-type struclurs there, Mr McReynolds: Exactly. Mr. Rishel, And you would like to see your neighbor be a better neighbor In keeping their fence In better repair. Mr. McReynolds Right, Our immediale concern was the fact that something like that would show up maybe four or ,Ive feet off that fence directly behind my house, II they were to Jaw the mobile home three foot in the air, I would be even more concerned, Mr. Rishel. Right. I understand I presume that we have now better leadership In Did Scouting than we'vn had in the past, so we can be a better neighbor. Mr. McReynolds, I would hope so. Thank you Commissioner Engelbrecht. Hold just a moment, Mr. McReynolds Ms. Gourdie: Could you p:ease point to where your property is on the site plan Thal Trine just put up, please. Mr. McReynolds If I could point to N, it's this piece of property right there, Ms Gourdie, Okay. And according to Mr McKay, or is it Mr. McDade? McDade? I apologize His description of where the building was going to be behind the administrative building and behind the stable, w I'm not rosily sure, but from your vantage point, what does that do for you Mr McReynolds. If l can, if you'll bear with me s second, I can biow this up & !;Ile bit probably faster than you can find something that large. The current structure is, or the administrative structure Is like this with the driveway around here There's a large stable that runs about like this right there. There's a parking lot h) this area. Am I getting somewhere close? Okay, Somewhere around In here are--In this area, I think, Is where you are proposed? Here? Okay, Sor,ething about In Mere which would block my view from here and my neighbors'; but, within-again, the other one from some other neighbor:; and stuff like that. This Is ur.+eveloped on this side. This Is a hay field and if we drop back. Mr. Rish41. And there 1!,..o fence on that east side; Is that correct? t Mr McReynolds, The,* Is. 0 ` • L, Mr Rishel: On the east side. Just on the west side and the rear. ilia Is the one wi n }r;"M; Mr. McReynolds: This fence down this side here I'm aware of this fence and this one, anw v concerned with. This extorJS past, I think, my neighbors. There's a third neighbor over Nee extends into this a k 20. ■ } 10 good" anream Planning and Zoning Commission Minutes September23,1909 Page 17 of 26 little bit. But you can walk through this thing behind my neighbors house. Pat tried to repair this one end put up a number of panels back in and replaced a few fence posts and stuff that were broken on during tome of the wind storms Me Gourdie: All right. Being that Mr, McDade explained that he was going to have a person build a bullding, Is that more of a comfort to you other than bringing In a manufactured house. Mr. McReynolds: That makes me feel (ineudible) than what I had originally going Into kon the description that we had. Ms. Gourdie: Okay. All right; because we're trying to And a comfort level tare. because I know when you have to :Iva it-and Mr. McDade's back there smiling, going he wants to be a good r sighbor-so, I'm sure that !his will all be an appropriate, you know, neighborhood thing mat's going to happen N the Is approved. I Just want to make aura you lest comfortable with what-he said that he was going to repair the for as and Nat he does have a person theta going to build N. That relieves a little bit of your lension Mr. McReynolds: I'm happy with that. Ms, Gourdie: Okay lhenk you very much. Commissioner Engelbrechl Any ether questions for Mr. McReynolds? Okay. Thank you, fir. Mr McReynolds Thank you, Commissioner Engetbrechi: Anyone else present who would like to speak in opposition to the petition? Anyone else present who would like to speak !n opposition to the pelillon? That being the case, the petitioner at this time has an opportunity for rebuttal Mr. McDade: Mr. McReynolds, I will go out tomorrow and I will repair the fence. We're really In need of this portable ' building, the building that we need to be built, and this is what we expect, aid I war' to be good neighbors with them, and we will take care of everything that he sees needs to be done. NI he has:,, do Is just Coma over and ten us. That's all we need to know. Commissioner Engelbrechb I'm going to ask you, and I forgot to ask Mr. McReynolds. Have you, have many of the neighbors come over to visit you about any of these Issues at tiny point In time? Mr McDade No. Commissioner Engelbrdcht. Okay. I would agree with Ms Gourdie. I think ore of the Ihinps that might be Important out there is for you ell to kind or talk to one other, Ifyou can If N's across the fence or walk through the fence before you put N up and otter you put lt up. 1a1K to one another Any questions for M,, McDade? Yee. Mr Moreno. Yes, Mr McDade. I'm not sure I understand why you're building a portable building on-site. When ycu build something on-site, it, I mean--why does N have to be portable? Mr. McDade, The guy that's building It, he's going to bring It In and attach N to our building. This is considered a • portable building Mr More to, Okay. So he's buFlL;ng it some place else and thrn bringing it In. Mr M.Dade Right. He's got some of the logs and sIvR flat he wanted to get. We had to special-he's going to have to special order those that we've talked about. So, we Just can't leave,,.. Mr, Moreno, So, you're using logs? So, that will keep N in character with the other buildings; is that what you're trying to do? n Mr McDade Right JV- Mr. Moreno. Okay, Thank you Commissioner Engelbrecht: Any other questions? Mc Rishel. rr , 5 21t , t , t 10 3210 o arwaaaa , . a l , ,iaww;, Planning and Zoning Commission Minutes Septembil 1998 Page 18 of 26 Mr. Risn0 What Is your farm es a representative for scouting? When does this terminate? Do they need to make sure that they gel you before your final day In off ce? y Mr. McDade: Well, I just started my second term, so I have ore more year. Mr. Rishel: Okay. i Mr. McDade: They'll have plenty of time. Ms. Gourdie Thank you for working with your neighbors. I appreciate that Commissioner Engetbrecht I would just like to make sure we have it correct for the record You're planning to construct this building with a facadn at least of log of some to(' simitar to what you have now? i Mr McDade: Yes, Commissloner Engelbrechk And you're going to put It somewhere in the parking bt based on what the Engineering Y Department tells you is okay, so you're out of the fioodway Mr McDade: Right. Commissioner Engelbrechh and you would be elevated sufficiently. I m just curious and 1-you know, I looked at the property, bull don't remember-Is this going to be, therefore, o bit higher than the current structure or Is It... Mr McDade: Yes. It's going to sit up a little bit higher than the front pert of di Commissioner Engeibre&I. Okay. All right Mr. Rishel: Would this be diffcutt in making it handicapped accessible for your perple? Mr. McDade: No. bt Mr. Rishel: Okay. Commissioner Engelbrechk And you're going to make repairs to tte fence, )nd I'll ask staff a question about that later on. Mr McDade Right, I will make repairs to the fence myself. Commissioner Engelbrecht. Any other questions for Mr McDade? it Mr. Rishel: I think we'd ell ''Ike to encourage the Girl Scouts to serve not only 7,000 young people in our community, c but 14 end 15 11121',000 and u, good neighbors in the pro xss of doing that, , r. Mr McDade All right. Thank you. Mr Ducek, Could 1 ask Commissioner Engelbr%hl )'as I Mr Bucek Could I clarify. In case the Commissioners want to, It just sort It's an SUP amendment to allow for a portable building: you wouldn't have any pr-J,lem H their mo8on made clear that the building's facade be similar to the existing buildi.ig--you wouldn't have any problem with that? Mr. McDade, No Mr. Bucek Ckay. I Mr. Rishel: And roof and sb ucture? Mr. 9ucek: Right. Okay Thank you. r 22. , AI' ?5 C~ 32X 1Q • I o i 449WI l Planning and Zoning Commission M inutes Seplember23, 1998 Page 19 of 28 I Commissioner Engelbrecht: Thank you. At this time, I'll close the public hearing. Any final remarks from staff and staff recommendation. I believe that there's been some work up here on some possible conditions to go along with this motion that's been working, We might hear first regarding the motion at staff recommendation. Ms. McElreath. If I may-first, Engineering has some comments about the proposed fence repairs. Commissioner Engelbrechl. Okay. Mr. Saunen. You might have noticed, since we got a tittle fidgety there during some of the discussion. Of course, this property is entirely In tho floodptaln and a good portion of it Is In the lloodway. So, I thought R might be appropriate for me to tell you how that would affect this property, because It may affect some of the conditions that you would place on this or your decisions. There Is on existing fence, I think, along the back side of this property; and I'm almost certain that at least of s portion of this fence Is In the floodway. It's important to know that d this fence Is completbly removed or, say, completely falls down, fl is no longer grandfathered. They cannot replace the - % ' fence in the floodway. They can replace the fence in the floodway fringe, which Is the floodplain that's outside of the floodway, but in that floodway area, they would not be able to replace the fence. Now, they've got an existing fence there, but I'm assuming It's standing in some state of repair, and as long as they continue to maintain that existing rd fence, they can keep lt, but they simpty can't totally remove it, or H it fell down, they couldn't replace It Sort of on the same tine, I know that the eastern portion of this property Is In the foodway, so they would not be able to place a fence along the eastern property line of this particular tract In any event, in relation to their building, any new structures, like Trina said, will have to be 10 Inches above the base hood elevation. That could-we, 1, said about three feel, and the only res son I said that is that I know at one point In time, we had some discussions with the Girl Scouts' leaders about rer,odeling the existing building, Because the existing building Is In the floodplaln, they are going to be limiter' as to what they can do with that building, or they might be required to etevale the floor of the intire building So, you know, when wif start talking about possibly remodeling the stable building or remodeling the existing building, 0 they try to rema at either of those structures more than 50% of their current value, they would e have to elevate the floors of those buildings 2, 3 maybe even s feet, which may not be febsible. So, it may not be 4 ; physically possible to remodel those two existing structures significantly. The new structure they want to build, It sot r ds like, Is going to be attached to the Pont building, will have to be at the higher elevation and will have to be outside of the floedway. So, before they can get a binding permit-and I would highly recommend, before they get for far along designing their site plan, that they work with us and determine where they can and can't put the t•ailding 111 be glad to answer any questions In regards to the floodplaln issues that might affect your decisions on this Commissioner Engelbrecht Questions? Ms Gourdie. Yes, please Commissioner Engelbrecht. Yea. r Ms. Gourdie So, when Mr. McDade builds this fence, should he build d a certain height off the ground so the water passes through or it he puts it, like most of us who build our fence right on the did, what do you suggest for a drainage situation since I'm taking If the woter's draining southeast Is that what's happening? Mr, Salmon Yes The water is draining mainly to the south and a little, actually, south and west. • Ms Gourdie So Mr Salmon. But of any rate, it's drainirg hom Ranch Estates through this property, Ms Gourdie Right col Mi Salmon Of course, in a drainage situation, Its always better to leave your fence a little bit up off the ground to allow wailer to flow under K, so that you don't create a total blockage, In this case, I think what he's trying to do Is 0 . maintain an existing fence, and so, 9 there's any way as they're maintaining sno replacing pickets In this existing fens, if [hey can leave them up off the ground a little bit, It would help the drainage situation. My main ooncem [s that, if the fence were completely removed for somo reason, they would not be able to get a permit to replace 4. 1 think the neighbors probably went to have that screening there. So, my reocmmendation would be to repair the existing fence, and if all possible as [hey replace the pickets, to leave them up off the ground some amount anyway. 23. -~0,;,r ~~~d~ 32XIO 0 • o ` Planning and Zoning Commission Minutes September23,1998 Page20 of 20 Ms. Gowdle And lastly, I've always wondered this, but whose responsibility is k when you're on a line to put up a fence, I mean, is it strictly the Girl Scouts or Is it a neighbor thing where they share In the expense and the aboly I mean, is this something that's just compromise? Mr. Salmon: Typically, fences are either on one-very rarely do fences fall right on the property line. Most of the time, they're six Inches or to Inside a property line, so the fence belongs to the person who's property it's on, and they are responsible for the repair and maintenance of both sides of the fence. Ms. Gourdie So, being that when you suggested that d this fence would-let's say for some horrible reason, the flood comes Through-it takes the fence out, the fence cannot be replaced. Where would the property, If these people that live behind them wanted to put a fence up, would it be on their yard 10 feet back or how would that work? Would they, people.. Mr. Salmon, Looking at the maps on the overhead, there's an existing creek that flows from the north dawn through Ranch Estates, through, along the eastern portion of this property, The floodway goes to probably a couple or hundred feet each direction cl the creek. So, you can fence up to a certain point, then you have to stop and that would go along on both sides. You have to slop the fence at a certain point Thal you can fenca, So, what I'm saying is-if this portion of the fence in the floodway werr over completely knocked down or taken down for some reason, thr y would have to leave a gap in that fence S Ms. Gourdle Okay. Ti what I wasn't sure about. Thank you. Commissioner Engelbrecht. t would like to point out that the earlier SUP required [?,at fence be pull up by the Girl Scouts on tire northern boundary line and western boundary line David I wanted to ask you I knvw there's been some, at least it's been an item on the CIP. I don't know if it was an deco that was approved of not, for drainage wo.k out in this area. Is-was that--is that on the current CIP or did it never make It, and N it did make ft, will ultimate drainage work reduce that flo0way through there Mr, Salmon Well, it's a two part answer Ultimately, we i hope to make Improvements that would significantly reduce the floodplain and the floodway. That is in our wlndow igbi now. We do have a small amount of money in next year's CIP to make some minor improvements. What will be happening will be the Installation of a small additional culvert until highway 380 at somewhat lows, elevation than the existing culverts, which will enable our drainage crews to come into the Ranch Estates area and do a little bit me a grading work In the channel, But N won't be enough work to significantly reduce the floodplain or the Poodway. Commissioner Engelbrecht. At least at this point Is the plan down the road to reduce that floodway in there or not or do we know that far out? Mr. Salmon. I think our intention is, at some point in time, there should be Improvements to do that. We've proposed that in the Capital Improvements Program for many years now, and this small portion shat will be done next year is the only thing that's ever been approved Commissioner Engelbrechr All rignt. Okay, Mr. Rishel. I take it thu, there's largs amount or water that passes from your neighbors to the north through your , M property Is that channeled in the property in soma way in order to not cause great huge puddles end whatever else. 0 Is it coming in swells or culverts, or what? Yes, what. Commissioner Engelbrecht. I think David could probably.., Mr. Salmon Yes 'here's actually a ma61 channel that comes down through Ranch Estates and along the eastern boundary of this properly. Its relatively shallow and wide, certainly not large enough to carry the amount of water A th..t it should, but there is a definite drainage swell there. [t Mr. Rishel No, I understand the eastern Hart or the property, but I'm talking about the property where ~ 9 0 Mc McReynolds lives and his neighbor. I guess, immediately la the east of Mr McReynolds, Are there large 1` arrounts of water that come off of those two properties Ina' come onto your property and you have to channel 1 through your parking lot? Go ahead, please, Sounds like you're draining all of Ranch Estates to inm. 24. 32x Ill M 0 , o t . Pianning and Zoning Commission Minutes Septemoer23, .998 Page2lof26 ! Ms. Roberts, My name Is Carol Roberts, and I'm the Executive Director of the Girl Scavts and my home address Is I 1318 Pilot Point-t 3$8 Highway 377. Excuse me. What we have done to minimize toe flooding, we have several ! areas that we have a bulldozer come In and make swells that would channel the water coming fnm those properties behnd us into the seek because vie flooded twice when we first moved out there So, we have several places that the water would come from their property and come Into there and go Into the creek so that it will not food our building any longer. That's one of the reasons that we have trouble. We thought that lit was In your plan to do some drainage work in that creek before we put up the second section of lance. We put up a brand new Section of fence along the west and. but so much water comes through those ofher properties that it kept-it was very difficuQ. The posts rotted, and we had trouble, So, we kept waiting, thinking that this would be done, and It hasn't been done, and we're beginning to get desperate, We will put more fencing and the only thing we can do to keep It from being washed down, which Sections of tt was. At one point, there was more lence there, and it was washed down when if flooded, We'll have to raise N some so that tt can come un 7er. We've waited for the drainage to be corrected so that we could add on to our building, but, you know, that hasn't happened, We're really getting desperate because we have grown quite a fol. I will not be adding addibor,al staff I do have enough staff there, but were to crowded ri the building, we have to go! a little relief and move them out. Right now, the stalls are not In any kind of condition for us to do anything to them. As he said, we'd have to raise it so much because that's back In the area that floods Mr. Rishel I don't want to be engineering your building or your property either one. It sounds to me like there's some opportunity-when you have your equipment out there t'int's going to be doing whatever foundation woi,k you're going to be doiru,-to rase the soil's level up, N that's what your doing, that maybe some additic,al chnnneting behind the stables might be appropriate to help allcvis'e some of the drainage problems thP: you have now Ms. Roberts Yes, we've pre!ty much hand)^d that. We have not flooded In many years Mr. Rishet. Great. Ms. Roberts First, about two years we were there, we flooded twice, so that's why we had that done; ants N is channeled so that it does go on to the creek. I have to say, the City did Something at some point in that Creek that did eflevlala a lot of that problem where N got so fun of water, and I'm not sure what they did, It was further back Into Ranch Estates. I believe they come In and dredged it jut a little bit Mc Rishel, Okay Ms. Roberts. So, that pretty much has taken can of--and there was ■-under 380, there was a fence at one point when it was a veterinary clinic, because they had cattle or something out there. There was a cover across the drainage under the highway, end all that did was stop all the debris, and that's what caused us to flood We removed that because we didn't have any horses or cattle out there to go under the highway We removed that. It was kind of like a chain-link fence or something across there..,. - ' s' Mr Rishel Yes Ms Roberts So, that look care of the drainage also because there wasn't the debris than collected in front of that so (hat it flooded. Mr, Rishel. Right. j Ms Roberts. Okly Commissioner Engelbrechl. Other questions? I might just point out that I know at the last CIP hearing. or at least, maybe N was the ore before-one I was at, that I recall, there were members from Ransil Eslales throne requesting drains. I don't reme nber the Girl Scouts being part of that, and it would seem to me that would be a good reason for you sill to talk to one another and have a coalition, particularly 0 you point out that there ore 7,000 girls Served. I 0 think that you all might serve to benefit one another in terns of gening some drainage CIP money, It's a manor of voices, so lake that for what It's worth. Ms Roberts. We certainly will. Thank you 25. K 10 32x10 Y i Planning end Zoning Commission Minutes i September 23,1998 Page 22 of 26 Mr Risher A, 4 Ranch Estates is-like it might be a wonderful spot tot an "Adopt a Epot' area for you Nis. Roberts, Okay, l le can certainly do that, too, Commissioner Engetbrecht. Commissioners, any other quesVons for staff? Ms. McElrer: - an you have any other comments? Ms. McElreath: No other comments-just elan recommendation. Commissioner Engeibrecht Okay And there were some proposed conditions being drawn up here, art I might ask Mr. Donaldson what he's writing down here and what his thoughts are in this particular situation. Mr Donaldsom I've just been taking dotes In response to the issues that have come up, and I guess they could be summarized by three-(t) the location of the proposed building; (2) the appearance of the proposed building; and (3) the condition of the existing fence. In line with the findings that you have to make-the firs' one being that the SUP has to be compatible, and nc 1 Injurious to adjacent properties. I think you could probably attach conditions regarding the location of the proposed building, regarding the appearance of the proposed building, and regarding The condition of the existing fence--perhaps limiting the location of the building to an area between the stables and } the highway and out of ine ?oodway; limiting Ne appearance so that It conforms with the character and appearance of the existing structures, rid then the condition that the existing fence along the north property line shall be rrpai ed prior to a CO being issued for the office building, really reinforcing the first condition from the first SUP that the lance was to be repaired back In 1987. Commissioner Engelbrecht: Questions for Mr Donaldson? Mr Moreno Yes, air, Mr. Donaldson. I still have rr little bit of a concern with the word 'portable building, I'm making the assur, ?tion that the proposed enrranceway ordinance is being rethought, but how does the concept of s portable building fit Ii that potential corridor overlay ordinance? Mr. Donaldson. As the current corridor ordinance is drafted, and it's subject to change of course, but there is the condition that new development be of masonry construction. It would be difficult, but nol Impossible, to have a portable building that has a masonry exterior on it. Mr. Rishel, That looks like logs Mr Donaldson Yes. More important to [his particular site probably Is the fact that any future buiding be made to look like and blend ..t with the existing structures on the site, ao.,. i Mr. Moreno Mr. Hill? Mr. Donaldson it's a design standard Mr Hill. I can help you out a little bit more than that, We're going to have the meeting with the Chamber comminee tomorrow and talk about corridors, and we're starting to kook toward moving from a regulatlons•orented ordinance to a performance, or site-plan-review type of ordinance. And I think the way we're leaning is to allow for Individuol site r"haracterislics to be lakes into account and that you be allowed to look at compatibility along the corridor, because • some corridors are different than others, and that you look at compatibility between, parcels within the corridor. Are they respecting their neighbors and are they doing something that Is not In conflict with the overall character of the corridor. For example, to, this section to expect some of the Teasleyri illian Miller corridor types of conditions about 100% masonry and pitched roof and all that kind of stun might riot be appropriate In this location Hopefully, when we get finished, it wilt allow you the flexibility to just "y 'is rt appropriate for this place considering the neighboring properties?" Mr. Moreno. Could I have another ,.actually, this question is for Mr. McReynolds, I'm w rlCering how he feats about Mr. Donaldson's proposed conditions He's not lislening Mr. McReynolds? 0 Commissioner Engelbrech[ Commissioner has a question of you. Mr Moreno You've heard Mr. Donaldson's proposed conditions, I was Just wdndedng how you feet about It. 26. 1E) %32 X I e o ! Planning and Zoning Commission stl nutes Seplember23, 1"8 Page 23 of 26 Ni McRil ldr. I feel a lot happier about the sKualion, sir. Mr. Moreno, Nappy enough to remove your opposition Mr. McReynolds. Pending hearing the outcome of this, well, perhaps not the outcome but of the re-wording of what was there, I'll be happy to remove (inaudible) o mine. I can't speak for my neighborhood. Mr. Moreno. Okay Thant you, all. Mr. McReynolds' Yes, Me Gourdie 1 guess I'm a little confused as to why we need to say where it's placed because, I guess that would- It's pretty much-it can only be going one or two plac.ns at the most since the drainage is so.. . Commissioner Engelbrecht: II It's ,toing to la connected to the building end out of the floodway, we probably, I think we've probably taken care of that, have we r ol. Mr. Donaldson, Though we don't have a specific site plan that we could attach to [his, so doing that verbally I INnk would reinforLe the SUP. ` Mr. Rishel, But I was under the understand,ng that the connotalio 'portable' buildings In general needed to be Specifically to for away from an existing structure as we use the word 'portable' building and also set back X amount of feet from the property line when they're- es an out building. Is that not correct? Mr. Donaldson Well, I think portable buildings ere, I don't know, could perhaps be, best be characterized sit elements of a building that are built off all clod moved on to the site and incorporated Into Mr. Rishel, I knov, Its difteren! than I normally think of 114 1 think of something like a storage building for like Pizza Hui where you need H have It In from the outside property line X amount of feet. So, It Is a different connotation than we typically use. )'hat's correct. Mr, Donaldson it certainly can be. If you were to build a free standing bulking, you would hays to be concerned with fire wall separation and that sort of thing, H you were bringing it up adjacent to on existing building. M you're planning ahead end ptanning to incorporate d Into the framing of the existing building, I think you can accommodate that, and I guess the'ponable' part of it would be simply that it's built some place else. Cormissioner EngelbrecM. Although In this case k's gang to be elevated on pier and beam given that Ifs got to be, in fact, three feet abr ve ground level, I suspect that's probably what the portable thinking wa i or is N. Simply, the fact that it's not ronstroded on-site, Mr. Donaldson I'm sire that's part of it. Keep in mind lost any structure built there will have to comply with the uniform bwiding codes and will be subject to our building Inspections approving 'he plans and the conshucdions. Ms jourdie But log cabin building is different, A's a whole, channel 65~-I mean, I watched them bulk them on TV and it is a whole different, sorry, it's a whole different process and most of them do build them off-site and bring tram on to site and do the iepalrs I guess Ifir too bms consuming to do it on-site, to bring an the stuff In. I guess It's semantics in this case Is what we believe 'por'able' versus what s construction mai, would we as a big cabin r portable M,. Donaldson We're just talking about log type siding--corred--rather than actual log cabin? Ms. Gourds Well, you're still cutting, you knox, like flashing and owning stuff Is different. i Mr Powell Maybe your word was the wrrng word, Maybe it should have been manufactured bulking or pro- manufactured building or something rather than potable. Because when I save po table, I thought they wre going . to rull B In like, excuse my expression, a trailer house, but I don't get that Idea now, to maybe the word portable threw us Mr Rishel. And I heard Jim say pier and begin construction. Is tholtta Intenl7 Is It pier and beam? Is the ex'sgng structure out there now pier and beam or Is It s!ab7 27. ' r• r,, L11- 32XIO rer.+aye f. Planning and Zoning Commission Min ules Sertembei 23, 1998 i'. Page 24 of 26 Mr. McDade, It's a slab, Hr. Rishel. it's a slab now. Okay. j Commissioner Engelbrechl: Personally, I rather like the conditions Mr. Donaldson came up with, but... Ms. Gourdle: Did anyone write them down? Commissioner Engelbrechl: ...from a,..he has them written down here, I believe Ms. Gourdie, Oh, g-d. Commissioner Engelbrechl And i personally-I particularly like the aspect of the fence, which says you can't get a certificate of occupancy until sucl, time as the fence Is repaired and the City has inspected it and that should tare rare of that... Mr, Rishel. Can 17 Commissioner Engelbrecht neighbor's concf.m. 1111 Mr. Rishel: And I had a question about that. Is there a limetrame? I guess, seems like a lot of times on buildings Nat are not so permanent looking in structure that we don't always get our CO, and we still take occupancy of the building, What is the time; Is there a time allowance that's needed for something like this w what? Mr. Donaldson. When someone pulls a building permit, they have six months to initials It a cons:ructien process and then if they simply demonstrate [he! they're making progress, the buiiding permit Is always anent. If at some pd it, they slop dc,ng something, then we can, you know, take the building permit..., Mr, Rshel. I guess my concern for the neighbors is the existing fence being connected lo, or the repair of the existing fence be'mg connected to the CO and that could be an extended process, you're telling me, Mr. Bu^ek Welt, Sally, one thing aboul the existing fence, via have the rights to issue citations to get performance if we need to... Mc Rishel. Okay Mr Bucek because we already ha,j Ihal prior fencing requirement that he was . Mc Rishel. I like that. Mr. Bucek talking abnul Mr. Donaldson Yes We can revoke the SUP, ' Commissioner Ergelbrecht, And I think we should point out to the neighbors that Iha! Is zn avo.rle of recourse for them-that they can come clown to the City, the Planning Department, and point out that that knee is to be. Is already a requirement in a current SUP. And they would, If you'll simply keep up with, you know, b al and talk to t1 them. If the Girl Scouts are not forthcoming with repairs, you can come to the City end ask them, and raw we ere ar we of the situation, Ic go out, and they can Issue a citation because it is a requirement , It is a pad of an earlier Special Use Permit. Sa, that gives you s form of recourse, which hopefully you won't have to use Mr. Rish 9. And, of cc xse, the process of being nelghbindy Is they need to maintain their knee and they appredale, I'm sure, you maintaining it for them in the past. But obviously your water Is draining through Mein properly, which Is part of that neighborly process !hough, Commissioner Engelbrecht Yes, that's right. This is a mixed alualion. Q 9 'r r Ms Gourd e, So, being that Mr. Donaldson wrote H drnan, does one person make the mction, ha flits in the Marks, or is that locssible to doll Commissioner Engelbrtcht. You routd make the motion and ask Mr. Donaldson to read the conditions, {F 1 25 ILI 32x11 04 x .r I. aslr • o ' Planning and Zoning Commission Minutes Septen ber23,1998 Page 25 or 26 Ms, Goufdie, All right, May I go ahead and do this? Commissioner Engslbrecht Go fight ahead, Ms Gourdie, Ail right. I move to recommend approval of Z•98.041 with Mr. Donaldson saying the conditions, , plead Mr. Donaldson Okay As I have them now. Condition one would be that the location of the building shell be limited fo the area between " existing stables and Highway 380 end outside the floodway Number two-that the appearance of the building shall conform to the character and appearance of existing structures. Number thre*- thot the axlsting fence along the north property line shall be repaired prior to a Certificate of Occupsncy for the ot, • e building leaving the buhom e4 i of the vertical elements of the fence six to twelve Inchea above ground level. Mr. Rishel, Just for clarification. I think ail of the property is In the fluodwsy--Is that not correct? You said , something at out the floodway In your middle-appearance Ms. McElreath, The whole property's In the floodplain. Pal of k is in the floodway Mr. Rlshel. And what was your terminology? Mr. Donaldson. I used the term floodwal. Mr. Rishel Floodway. Mr. Oonaldson. Which Is the smiller potion Mr. Rishel, Thank you for your clarification Ms. McElreath That area Is roughly the floodway. l Mr. Powell 1, 11 secoatd the motion. Commissioner' ,felbrechl All right, We have s motion and a secnad. Any discus,on on the motion. That being Ilia case, all in fcvor, please raise your right hand. I,Action terries unanimously, (5 - 0) Mr. McReynolds, at that poinl, I didn'I feel it was apr opriate to have you comment, but 9 you would like to make a comment now that the case ,s over, please do so--if you have something you'd like to say to us, Well, the point being Ihat we i st ton the record, and we like to get at much input as wn can in normal situations Mr. McReynolds 1 don I reel terribly comfortable having the h, ^,e repair tied to the occupancy of the building. If (inaudible) with the building, I'm happy with that but the repair is a totally operate Issue. Carrmissioner Engelbrecit W. Mr. Rrehel. Your recours s o,, In,, -1 the fact that you can make a complaint on that. Mr. McReynolds We ctm come down and actually make a complaint andlof talk to our neighbors first. Mr. R,shel Yes, sir Exactly i Commissioner Engelbrecht. And the City actually can at this point. If the fence Is down, the City can Issue a citation already because it's required as a previous Special Use Permit. Mr. McReynolds Right. I undorsland that. I'm uncomfortable with that being pal of the conditions with Issuing , the . Commiss loner Engelbrecht Well, all [hat does, Ina way l's toll of redundant in that, but k coil, k's sort or tied Into 0 the buildiag• so H you don't want to come down here and make a complaint, you know, and you don't want the City chasing them about the fence, they still have to get the fence up before the buAding Is occupied, ` Mr. Rishel: And the other thing is they can repair the fence tomorrow and they may still need to do more reoslr when the CO Is issued 29. 25-w,10 32:'.10 , Q ATTACHMENT 3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT TO SPECIFIC USE PERMIT ,SUP) 193, A 5.4 ACRE TRACT, CHANGING THE CONDITIONS TO ALLOW THE ADDITION OF A PORTABLE BUILDING FOR THE PURPOSE OF OFFICE SPACE EXPANSION FOR 5.4 ACRES OF LAND LOCATED AT 4000 W. UNIVERSITY ON THE NORTH SIDE OF STATE HWY. 380 (UNIVERSITY RD,), APPROXIMATELY 1300' EAST OF MASCH BRANCH RD. IN THE CITY OF DENTON, DENTON COUNTY, TX; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF 52,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, Cross Timbers Girt Scouts Council, property cwner, has applied for an amendment to the existing SUP for 5.4 acres of land to allow the addition of a portable building for the purpose of office space expansion; and WHEREAS. on September 14, 1998, a neighborhood meeting was held where at zero (0) residents, were pre,ent; and WHEREAS, on September 23, 1998, the Planning and Zoning Commiriion recommended approval of the requested amendment to the SUP with conditions; and WHEREAS, the City Council finds that the amendment to the SUP will be in compliance with the 1988 Denton Development Plan and the 1998 Denton Plan Policies; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Section 1. That the Specific Use Permit (SUP) granted for the 3.4 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is changed to allow an additional building for office expansion unuor the comlrehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions: 1. That the location of the building shall be limited to the area between the existing stables and highway 380 and outside the floodway. 2. That the appearance of the building shall conform to the character and appearance of existing ^ structures. • 3. That the existing fence along the north property line shall be repaired prior to the Certificate of Occupancy for the office building, leaving the bottom edge of the vertical elements of the fence six to twelve inches above ground level. Section Il. That the City's official zoning map is amended to show the change in zoning district classification. • Section III. That any person violating any provision of this ordinance shall, upon conviction, p • be fined a sum net exceeding $2,OC,0.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. Section lY, That this ordinance shall become effective fourteen (14) days from the date of 30, , i as i~ 25 10 32XI w t saw its passage, and the City ,secretary is hereby directed to c4use the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the _ day of , 1998. i JACK MILLER, MAYOR s' ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:_ APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: I 1 a , C i 1 31. i'F411 Il y''~ Y r 'KI , 1 --II~11~NN 2 x I a 32 X 10 C M r,rrnc11MENT 4 Z-98-041 (Cross Timbers Girl Scouts) PHOTOS hp Sf n. 'IfF , 9" ' F s y y • 4 F i Photo 1. View of main structure from the Photo 2: View of stables and rear parking lot east. 1~~,J i~ I 1 Y~I~ I I 1 'R` r o P gyp'- 'd' r 1 I 1~ i G Photo 3: View of front fence on the west side Photo 4: Distant viewof eastern neighbors of the maln structure. fence. .I R' 1 , I 1 "w"a"a4y►1 "s r.r ar, V. t I 'S t t~ 3 i YX wg' 1 Ij~➢ r~l F^I r , 1 I z s + UWAP Photo 5: Distant viewof the west side of the Photo 6: Distant view of the east side of the fence along the northern boundary of the fence along the northem boundary of the subject property. subject property: 32. ` t 1 4 .I -A .1 I Y M' n"V O j • 1 Z-98-041 (Cross Timbers Girl Scouts) PHOTOS p Photo 7. Photo S. Photo 0. Photo It 1 ,y Photo 11, Photo It , 33. o U Aaauae rio = ygll AGENDA INFORAIATION SHEET Agenda It?nm 0/~ Da:e._.z AGENDA DATE; October 20, 1998 DEPARTMENT: Planning Department ACM: Rick Svehia, 349-771596 SUBJECT - Exaction Variance (V•98.013) Consider approval of an exaction variance from Section 34.116(c), concerning fire hydrants, of the Subdivision and Land Development Regulations for Lot 2, Block A, of the Denton Bible Church Addition. The 4.23 acre property is located on the northwest comer of the Nottingham Drive and Mingo Road intersection. BACKG OUND See Planning and Zoning Commission Report for more details about the variance request from fire hydrant standards for fire protect;on purposes. The basis of the applicant's request for a variance from Section 34.116(c), cone.rning fire hydrants, of the Code of Ordinances for the subject 4.28 acre property is a lack of reasonable benefit to the property owner (see Attachment I, Enclosure 5). The owner, Denton Bible Church, intends to develop only the northern 2,45 acres of the subject lot at this time. This portion is already adequately served by existing rite hydrants (see Attachment I, Enclosure 2 - Site Plan). 1 he church's master plan shows the remaining 1.78 acres o. Lot 2 will be developed as a parking lot (see Attachment 1, Enclosure 6 - Denton Bible Church's Master Plan), Because no structures are proposed, the applicant, Greg Edwards, believes that the cost of a fire hydrant and the related water line extension exceeds any reasonable benefit to the property owner. The applicant expressed his opinion before the Planning and Zoning Commission. He proposed the condition recommended by staff be changed to exclude any references to parking lots. Staff expressed to the Commission that the fire department was comfortable with the variance as recommended, nothing less. After considering all of the information, the Commission approved the variance as recommended by staff. It read as follows (with references to parking lots underlined)', No building harking lot parmlt should be Asued for the construction of and 0 structure(s) or1wrkinglot on the .southern 1.78 acres of the subject lot Until an additional fire ki-dram 1s installed along Nollinghmn Drive at a distance of no more than three hundred (:001 feet frmn the casting one located on the subject lot to provide adequate fire protection to accordance x ith Section 34J16(c) of the Code of Ordinances. At the applicant's request, city staff, including Rick Jones, Fire Marshall, John Gillette, Assistant Fire Marshall, met on September 29, 1998 to further discuss the details of the variance. Mr. Edwards had three concerns about the Commission's recommendation, o 0 • Why would a hydrant be needed for a parking lot? • Is a fire hydrant needed for buildings across the railroad? • Cost of the water line and hydrant 32XI 01 1 • n MFI~I9v18V . Rick Jones informed Mr. Edwards that the recommendation was fair and adequate (see Attachment 3). A property owner clearly has an obligation to provide adequate fire protection. Public fire hydrants a'•ong public streets serve more than just the structures or land uses near their placement, such as car accidents. At this particular site, the proximity of the railroad to the property increases the need for a public fire hydrant due to the possibility of a train derailment that could involve hazardous materials, Mr. Jones stated that "as more improvements are added on the property, structures or parking lots, the greater the risk to the public's health and safety." For this reason, the Fire department supports the recommendation forwarded by the Planning and Zoning Commission. The meeting did produce a compromise concerning the location of a future fire hydrant. Rick Jones agreed that the property owner could install the fire hydrant on either side of Nottingham Drive as long as it was no more three hundred, (300) feet from the existing one. PRIOR ACTIONIREVIEW (Council, Boards, Commissions) The Planning and Zoning Commission unanimously recommended approval (5-0) of the exaction variance from Section 34.116(c) for Lot 2, Block A, of the Denton Bible Church Addition at its meeting on September 23, 1998 with the following condition: No building or parking lot permit should be issued for the construction of any structure(s) or parking lot on the southern 1.78 acres of the subject lot until an additional fire hydrant is installed along Nottingham Drive at a distance of no more than three hundred (300) feet from the existing one located on the subject lot to provide adequate fire protection in accordance with Section 34-116(c) of the Code of Ordinances. St1.GU STED MOTION if the City Council wishes to consider the compromise reached between city staff and the applicant on September 29, 1998, as described obove, a motion to approve the variance from Section 34.116(c), concerning fire hydrants, could be made as follows: I move to approve a variance from Section 34.116(c) for Lot 2, Block A, of the Denton Bible Church Addition. Finding that: 1. That the public health, safety, and welfare will not bejeopardized; and subject to the following condition: 1. No building or parking lot permit shall be issued for the construction of any structure(s) or parking lot on the southern 1,78 acres of the subject lot until an additional fire hydrant is installed on either side of Nottingham Drive at a distance of no more than three hundred (300) No from the nearest existing one to provide adequate fire protection in accordance with Section 34-116(c) of the Code of Ordinances. , ALTERNATIVESs O , L Approve the variance with recommended or other/additional conditi. os; 2. Approve the variance without conditions; 3. Deny the variance; 4. Postpone consideration of variance to a date certain with a request for additional information; or 5. Table the variance, !'l l' 1 1''!, '.!d rri; L 2. 32x10 a i j } FISCAL INFORMATION None. i ATTACHMENTS 1. Planning and Zoning Commission Report, Variance to Section 34.116(c), Fire Hydrants, Denton Bible Church Addition.; 2. Planning and Zoning Commission minutes from September 23, 1998; and 3. Letter from Rick Jones, Fire Marshall, Res tfully.eyb - I avid Hill Director of Planning and Development ; Prepared by, JAI Wayne ied Plane 1 • l i 0 32 x i e i 0 i ATTACHMENT 1 PLANNING AND ZONING COMMISSION STAFF REPORT Subject: Variance to Section 34-116(c), Case Number: V-98 013 Fire Hydrants Denton Bible Church Addition Ilpff: Wayne Reed, Planner I Q&: September 23, 1998 ACTION: Consider making a recommendation to City Council for an exaction variance to Section 34.116(c), concerning fire hydrants, of the Code of Ordinances for Lot 2, Block A, of the Denton Bible Church Addition (see Enclosure 4). EMMOSE AND APPLICABILITY: Sec. 34.6. Variances and Modifications. (b) Criteria for variances from development exactions. Where the Commission finds that the Imposition of any development exaction pursuant to the Subdivision and Land Development regulations exceeds any reasonable benefit to the property owner or is so excessive as to constitute confiscation of the tract of land to be platted, it may recommend approval of variances to waive such exactions, so as to prevent such excess, to City Council, Waiver of development exactions shall be approjed by the City Council, (c) Conditions. In approving variances, the commission may require such conditions as will in its judgement, secure substantially the purposes described in Section 34.2, Sec. 34.2. Purpose. This chapter is adopted for the following purposes: (a) To protect and promote the public health, safety, and general welfare of the community. (b) To guide and plan for the future growth and development of the city by providing for the orderly development of land and for the extension of streetq, utilities, and other { • public improvements and facilities In accordance with the city's master plans, (c) To insure that all developments provide for the streets, sidewalks, drainage facilities, water and sewer facilities and other public and private Improvements and facilities whlv,h are adequate and necessary to serve the development. • 13ACKt3ROi p • This property Is in a Single-Family 7 (SF-7) zoning district. ri d. 01 P/ l i. 1W. 4. Pop I of 3 ;g 25 x 32XIO 0 SUMMARY: The applicant Is requesting a variance from Section 34.116 of the Subdivision and Land Development Regulations Ordinance, which Is concerned with establishing water utilities standards for fire protection purposes. The request specifically petitions for a variance I from subsection (c) that pertains to fire hydrants: f (c) Fire Hydrants. Fire hydrants shall be a maximum of six hundred (600) feet apart in residential areas and three hundred (300) feet apart In commerciallindustrial areas. Based on the minimum requirements of this ordinance, the applicant would need to Install one (1) additional fire hydrant three hundred (300) feet south of the existing fire hydrant located along Nottingham Drive to service the 4.23 acre lot (see enclosure 3). Total cost I of installing this fire hydrant would be approximately $2,600. The applicant's request for a variance form Section 34-116(c) Is based on the lack of a reasonable benefit to the property owner as stated in the previous staff report concerning a variance from Section 34-116(e). RECOMMENDATION: Staff recommends approval of the variance request from Section 34.116(c), concerning t fire hydrants, for Lot 2, Block A, of the Denton Bible Church Addition, seeing that it will not be detrimentrai to the public's health, safety, and welfare. Fire hydrants must Installed every three hundred (300) feet, according to the language of the ordina ice. Requiring the property owner to install a fire hydrant three hundred (300) feet south of the existing one at this time would serve no purpose. If a variance is granted for Section 34- 116(e), this would result In the Installation of fire a hydrant on a property at a point where no water line exists. Therefore, staff recommends approval of the variance request from Section 34.116(c) with the condition that no building or parking lot permit shall be Issued for the construction of any structure(s) or parking lot on the southern 1.78 acres of the subject lot until an additional fire hydrant is Installed along Nottingham Drive at a distance of no more than three hundred (300) feet frcm the existing one located on Lot 2, Block A, of the Denton Bible Church Addition to provl& .'equate fire protection In accordance with Section 34-116(c) of the Code of Ordinances. SUGGESTED MOTION: I move to recommend approval of the variance from Section 34-116(c) for Lot 2, Block A, of the Denton Bible Church Addition. Finding that: 1. That the public health, safety, and welfare will not be jeopardized; and subject to the following condition: 1. No building or parking lot permit should be Issued for the construction of any i p • • structure(s) or parking lot on the southern 1.78 acres of the subject lot until an ' additional fire hydrant Is Installed along Nottingham Drive at a distance of no more than three hundred (300) feet from the existing one located on the subject lot to provide adequate fire protection In accordance with Secton 34.116(c) of the Code of Ordinances, 17 pr,j it P"t Zof3 h 25 10 32XIO x v r O _ i ALTERNATIVES: 1. Approve the variance with recommended or other/additlonal conditions; 2. Approve the variance without conditions; 3. Deny the variance; 4. Postpone consideration of variance to a date certain with a request for additional Information; or 5. Table the variance. ENCLOSURES: 1r Location Map 2. Site Plan 3. Utility Map 4. Preliminary Plat 5. Petitioner's Letter Denton Bible Church's Master Plan F t ..7r f' • If !7!'•75000 PG'LrA 116,ri 6u Pop3or3 ` a'. 25KIO 32xid 1 I~ ENCLOSURE 1 I NORTH PPP-98.087 (Denton Bible Church Addition) { i l_ tcsy~-uE►ri 7 WWI W-we~ 4 b G . i • ° p ~ I 0 C2 ~o 00 SITE e LOCATION MAP Agenda Date: September 23,1998 goalo: None 7. + 10 10 0 ENCLOSURE 2 ` NORTH ` PFP-98.087 (Denton Bible Church Addition MTIM0 FIRE HYDRANT W I a ~mama EMTW40 FMU M RAW ~ I i LOCATION OF REWIRED FIRL HYDRANT TO LER1'I IOVTNERN 1.11 ACRES OF LOT i i • SITE PLAN o • Agenda Date: September 23,1998 Scale: None 8. I ♦ ♦ O i I ENCLOSURE 3 NORTH PFP-98.087 (Denton Bible Church Addition) q • • 1 .'o • ~ lJU - W. IT < t ~ of °p SITE Approxlmateloeatbnof 4 required fire hydrant. EXISTING UTILITIES MAP Hydrants 1 - Water Line (W. Lr) . 1 1 . Sowor Line (BI L.) 41 0 ' • • Electric Line (E, L.) Date: September 23, 1998 Beefs: None 9. . a. I sY 15~♦ 2.5x 32XIO • c • w1 ` of I WIN -r 1 x l'~J v r e t 1 x x x x'`+ C 1 t ftr w M 1 I rr vat[ 111 , I eML UI ~ I r ` s wM I I ~M,iA~~IMW N 1 I G~ • ~~a1.. r ta«t I I ! ~ a I I tale M~ tetW t, /I I 1' t0' ~n~ I { I 1 ~ 1 •I~ I n1a MMlgM ~ ~ AAafAOM uP R surer ~ ;Ir, )h 32x~ x,;~ A o ENCLOSURE 5 G HMO ®WA1141010 E YGMEE NCP IAE M=%8 r►~~,geo,aa, ~vumwas~aeea ~.,tiwr~MPf~r.~w Thursday, September 03, 1948 , City of Denton Attn.: Wayne Reed City Hall West Denton, Texas Re.: Denton Bible Church variance request Dear Wayne, The Subdivision Ordinance requires that fire hydrants be placed at 300 foot spacing along the frontage of non-residential properties. The southern potion of Denton Bible Church Lot 2 Block 'A' is not covered by existing fire hydrants. Since this is a small stand alone project, we would expect the unit prices for Installation of one fire hydrant and 300 feet of lead be to be relatively high. I would expect cost to be in the $ 10,000 to S 15,000 range. The Church is platting this property at this time to expand the parking facilities. A Junior High activity center is planned in the northwest portion of this lot. The Church has already extended Water, Sanitary Sewer and Fire Hydrants to serve this future building site. The fire hydrant as required to meet the City of Denton SubdAsion Ordinance would serve an area which is currently being used by the Church as playing fields. Occasional soccer and flag football games are played in this area. The Churches Master Plan calls for this area to be used for parking. If a building were ever proposed in this area, the Church would agree to extend necessary fire protection. We hope that the Commission will find that imposition of this development standard exceeds the reasonable benefit to the property owner, and grants the variance. We plan on being at the meeting to answer any questions the Coaunlssion might have. Please call if you have any questions. Sincerely, Ore wards, P. E. CC: Denton Bible Church 11, t. , 2 5 x 32 x I ❑ I ENCLOSURE 6 PFP-98.087 (Denton Bible Church Addition) NORTH r.r fir" .r..r" ' I/,~ L SITE • rr DENTON BIBLE CHURCH'S M~ • • MASTER PLAN Apends Dste: September 23, 1998 Beale: None 12, ` A 32X 25 o ATTACHMENT 2 MINUTES PLANNING AND ZONING COMMISSION September23, 1999 ITEMS FOR INDIVIDUAL CONSIDERATION 7. Denton Bible Church Addition, a) Consider making a recommendation to the City Couc,cil concerning exaction variance of Section 34- 116(e) of the Code of Ordinances concerning water lines. (V-1i 3, Denton Bible Church Addition, Wayne Reed) b) Consider making a recommendation to the City Council concerning exaction variance of Section 34- 116(c) of the Code of Ordinances concerning fire hydrants. (V-99-013, Denton Bible Church Addition, Wayne Read) c) Cohslder making a recommendation to the City Council concerning the preliminary plat of Lot 2, Block A, of the Denton Bible Church Addition. The 4.13•scre site Is located on the northwest corner of the Mingo Road end Nottingham Drive Intersection. The property Is within a Single-Famlty 7 (SF-71 zoning disc lcl Expansion of the church's parking lot Is proposed. (PFP•99-097, Donlon Bible Church Addition, Wayne Rood) Commissioner Engelbrecht. Item el this evening Is an item for Individual consideration-Denton Bible Church Addition. There are three items Commissioners, any objections lo-4 believe we need to vote separately on the three-but is there ar,y reason why we couldn't receive one report on the entire item at one time. I will read these- (a) is to consider making a recommendation to the City Council concerning an exaction variance of Section 34• 116(e) of the Code of Ordinances concerning water lines item 7(b) is to consider making a recommendation to the City Council concerning exaction variance of Section 34.116(c) of the Code of Ordinances concerning fire hydrants Finally, item (c) is to consider making a recommendation to Ihn City Council concerning the preliminary plat of Lot 2, Block A, of the Denton Bible Church Addition The 4 23.11 site is located on the northwest corner of the Mingo Road and Nottingham Drive Intersection. The property is within on SF.7 zoning district. Expansion of the church's parking lot is proposed I believe we wilt receive the staff report. Mr Reed, Mr. Rishel joined the meeting Mr. Wayne need presented the staff report. Mr. Reed Thank you, Chairman, and good evening, Commissioners As you've already said, this property Is located on the northwest corner of Nottingham Drive and Mingo Road as the location map illustrates on the document camera The request here is a variance bom the section of our Subdivision and Land Development Regu:ations concerning water capacity. Every development Is required to provide adequate water opacity for Fire protection purposes, and its the Subdivision and Land Development Regulations that provide the city the authority to require this development for new development In the city. Excuse me. The property under discussion here is requesting a variance because the applicant feels that there is a lack of reasonable benefit to the property owner. The subdwision reps do provide on opportunity for a variance from those exactions-developmenl exactions That cr,leria is that the if the Commission finds that the Imposition of the development exaction does not provide a e reasonable benefit to the property owner, the Commission may then recommend approval Io City Council to grant this variance Secondly, the Code of Ordinances also provides the Commission with the authority to eflach conditions to that Having said that, then, I'd like to show a utility map of the property. The existing utilities on this property concerning or in reference to fire hydrants is li.uslroted here The subject property Is highlighted In yellow, An existing fire hydrant exists on the east side of Nottingham Drive Just N the east side of the property, Thar* is another one that is on the Denton Bible Church property, as well one that Is located just to the north side of the property, as well as one that is mid-way, more or less, wn the east property tine of the lot In question. The - applicant is requesting a variance from extending the water line as well as, if I'm combining these requests, the • placement of a fire hydrant 300 feet south of the existing fire hydrant, which Is located right here on their lot, The Q purpose of that fre hydrant would be to service any future development on the southern portion of this lot in case of L afire Because the applicant, end now I'll put up it site plan -d you could zoom In. It's not working? That's okay, 111 just lower this. What we can see on the document camera Is the lot Is at present-the proposed development is only for the north half of the lot. They Intend on constructing a parking let imrnedialely, or as soon as possible, end i 13. , I _ 32X 1 i laasasa o ' Milmi Plan ning a nd Zoning Commission Minutes September23,1998 Page 2 of 9 are reserving a pad on the northwest corner of this portion of the lot for the future junior high activity center. However, as the site plan illustrates, the owner does not (which is the church) Is not Intending on extending the parking lot further south. The applicant has also prov4ded the Donlon Bible Church's master plan, which again Is but a plan, and It does demonstrate that the church Intends on continuing the parking when It Is deemed necessary Staff recommends appruval because staff does find there is a lack of reasonable benefit at the present time to the property owners, However, I emphasize the words at this present time because, if In the future the parking tit Is extended and who's to say that the church changes their plan and possibly places the structure down there. H we do not provide adequate firs hydrant end water capacity for that portion of the tit, the City does not have the authority, through other portions of the code to require a public fire hydrant along the sbest, I will make it clear that the Fire Code does provide the Fire Department the sullianty to require the sprinkling of certain structures based upon Its construction type and other aspects, as welt as, N again depending on the site criteria, an on-site fire hydrant. But that is not always the case. So, It is [he subdivision reps that we rely on to get the fire hydrant within the public righl• of-way. Because of the uncertainty of the future and the possibility of change of the master plan, staff recommends approval with the condition that prior to the Issuance of any parking or buiidiny permits that the extension of the water line 300 feet south of the existing fire hydrant as well es the placement of a fire hydrant 300 feet south of the existing one on Nottingham Drive Is required or is Installed. So that Is tt iffs posiron on this, If the Planning and Zoning Commission does recommend approval, then the preliminary plat will be-the approval of that is contingent i upon approval of the variances by City Council. Then you will sea the final plat at a later date after that approval. I'd be happy to answer any questions at this time, Commissioner Engelbrecht Commissioners, any questions? Mr. Donaldson, Wayne, can you show us where the existing fire hydrant Is on that the plan? On the site plan. Mr, Reed. It is right here Mr. Donaldson: Yes-just to demonstrate that the proposed development Is covered by the existing fire hydrant Commissloner Engelbrecht. Okay. Commissioners, any questions for Mr. Reed? Mc Powell. Would there be any reason that they would not be able to extend the line In the future or we-Is there anything happening here now that would gel In the way of that line being extended later? Mr. Reed. No Mr. Powell. Thank you Commissioner Engelbrecht. Other questions for Mr. Reed? Thank you { Mr. Reed May I make one last comment? - 1 Commissioner Engelbrecht. Yes. Sure. Mr Reed I should make [he Commission aware [hat the variance with the condition does provide the Crty the ability at a future lime before development occurs on that southern portion of the lot to have the owner Install that water line and the pre hydrant, However, there Is a matter of sctually following up on that, Circe at building Inspection bme, It's e paper trail Issue, $o, there is an administrative difficulty that Is created by granting this variance that I'd like to mike the Commission aware of, But, hopefully this would not be (inaudible) Commissioner Enoelbrecht Mr. Rishel. Mr R shel, Excuse me for being a little late. I'm not quite sure I understand who Is paying for the extension and the insta 4tion of the fire hydrant itself, Is that the City? Mr. Reed That would be the owner of the time prior to the Issuance of the building permits If the variance Is 0 • granted-or even now-the owners required to extend that water line and also pay fa the fire hydrant. Mr Rishel, So, the owner has agreed to make that payment, to make thol-Imptement that plan for the extension of ' the fire hydrant? 14. ;e 32X10 0 ,aaeaa. 6 , +aar.xa Planning and Zoning Commission Minutes September23,1998 Page 3 of 9 Mr. Reed: I'd like to let the aXlicant speak lot the It on That. The applicant was given a copy of staffs report last week and Is well aware of the City's position as for a the condition on that variance, Mr.Rishel: Okay, Thank you " Commissioner Engelbrecht: Since you brought up that Issue, this is-this condition would be filed with the plat. Correct? Mr Donaldson: Well, It'll have a separate fits for the variance that's coded to the plat. Then the final plat would reflect, or the construction documents would reflect, not having to do that water line extension until such Ume as there's another building permit. Commissioner Engelbrecht Well, my point being that if the applicant cameo In at some future Ume with a request for permit on the southern portion of the lot, then when the permit office looks up the plat, that's when they're going to-- or that's when they should pick up the variance. Mr Donaldson. Correct . Commissioner Engelbrechl: It's a requiremelt for"... Mr. Reed, That's true, Commissions( Engelbrecht , . exteri of water, Mr. Reed. But therr's no documehtation on the actual final plat that speak of the variance Mr. Donaldson: Thero'o be a note to the file. Commissioner Engelbrecht: Quite right, Okay Mr Powell. Oueslion. Commissiorer Engelbrecht'. Yes, Mr. Powell: There's no documentation on the final plal. How big a deal is It to put documentation on a final plat? Is that.... Mr, Reed I honestly-it's not typical to put it on there, but H really doesn't lie In with the Information that's required on that final plat. Mr Donaldson, We can create the documentation within the file within which the plat Is stored, which would trigger peopte's, you know, being start to the need for that. , Commissioner Engetbrecht. Other gc,eslions? ^ ! Mr. Bucek: let me ask a clarification. Wayne, what I'm trying to understand Is whenever we grant variances, aren't we going to treat this variance the same way we Deal any other varlonce we grant? * Mr. Reed Yes, 81s. Mr. Bucek: Okay, Mr Read We will. r f Mr nucek. So 1 1 Commissioner Engelbrecht Yes. I )ust saw this as an administrative Issue since you brought It up. 0 [.f Mr. Reed Yes. Commissioner Engelbrecht, If there's a problem will, that, staff can take k to the appropriate authorities to ehanga the requiremenls for final plat 15. ~ , r - - - ~4tih x d 32 x I ❑ r , o h ~m r Planning and Zon in g Commission Minutes September23, 1996 Page 4 of 9 Mr, Reed. It'll be--to look at a bigger picture, ill just a i difficult to track this variance omit is a ZBA va,iance, Commissioner Engelbrechi: Right Mc Reed It's just a paper trail That staff has to, through institutional knowledge or through hard work, find and make sure its-w- haven't fast k. Commissioner EngelbrechL I think it's a good point you broughl up bemuse if points out to everyone that there Is en-when we pass these things, there Is another issue evolved for staff and everyone down the line. that they have to watch for these things. Any other questions for Mr, Reed? Thank you, sir. Is there anyone present who would like to speak to this particular case? If you would give us your name and business address, Mr. Edwards, Chairman and members of the Commission, I'm Greg Edwards, :'m a civil engineer. My business address Is 3D0 North Carroll Boulevard, Suite B here in Denton. We have requested the vanance and appreciated the effort that Wayne vent through In meeting with me and Fire Marshals and everybody, to gel everybody up to snuff on what the city of Denton ordinances can and can't require and what can and can't be placed on conditions and those kind of things. We had s little bit of a rat ram getting through those things and appreciate all his efforts and extra time that he spent on that to help us get to this point. Basically, the staff recommendation gets us kind of where we want to be on phase 1, but It doesn't quite pet us exactly where we want to be on phase It. As Wayne has pointed oul, we do have an existing fire hydrant here. There are several on the opposite side of Nottingham. There Is one that we Installed when they put In the Learning Center that would basically blanket the Proposed pod site that we have In the or urch's master plan. So for phase I. 1 think we're pretty well covered. As for as extension of City tines, the church has brought the water line from Its west property line across the property, ae , basi Atly they have some undeveloped properly in the southeast corner of Mingo and Nottingham that if and when t was developed, the City co ld require extension of that water line for future extension to the east, I think the biggesl difference that we have with the staff recommenda' on Is concerning the parking lot that the church is planning on building which would be phase It or some later date to complete their mail plan, They would went to provide additional parking M that 1,7 acres, provide the landscaping and all those kinds of things, at the time that (hey do that. We did something many years ago when the Radisson was built. The City of Denton's fire code did not require fire hydrants around buildings. We did go through the platting process and the City's ordinance required fire hydrants every 300 feet, We had to bring water from Bonnie Brae to, what Is it, Avenue C or D? 0 I guess it is, and so we were, by the subdivision ordinance, would have been required to pul in 10 or 12 fire hydrants along the golf course to put out flaming golfers and parking lots, and we weren't required to put ar,y fire hydrants around the buildings. We met with the fire marshals at that time end, as then I won't have problems putting fire hydrants around buildings, I do have-I don't see the value of putting fire hydrants next to golf courses and next to parking lots and that kind of stuff. In our request to the City, we did initiate a condition that if the church's master plan does change and they do put a structure in this area, end we fully agree with that part of their reoommendolion that fire hydrants be extended to provide the adequate protection for those buildings. What we would like to do Is delete the parking lot potion of it because that is our Intent to build that as a parking lot, and we feel the church has better places to spend their money than extending a water line down the existing right-cf-way and adding an additional fire hydrant for that particular thing If you agree with our position, we would appreciate you supporting that variance. Bob's question about extension-the water line along Nottingham can be extended within the right-of-way. There's no blockage. If a building were proposed on the southern portion, the plat provides for a 16-fool utility easement, basically backed up to the existing water line here along this property line. And we have a 25-foot utility easement from this fine all . the way up past the future building. So, we could fie on to the existing water line and extend water tines down the back and fre hydrants along the back, if The church's master plan did change and they did propose a building at that spol. So, w9 re trying not to lock ourselves in, but we realty don't feel like k's In the church's benefit to extend the water line at this time and put a fire hydrant in if we do the parking W In this area We also feel that If isn't a beneficial public Improvement at that point either, So, we have a little bH of a difference with slaff. You'll have to choose, I guess If you have any questions. I'll be glad to try to answer those. If not, Paul Polk with Denton Bible Church is here, and i Know he wants to may a law words to you. . Commissioner Engelbrecht. Commissioners, questions? 0 , L}`~ Mr. Powell. Yes, I have one, but I don't know if there's any others here, Mr. Rishel Go ahead please. Bob. 16 - ;ti 25 ❑ 32 x I a 0 Planning and Zoning Commission Minutes September 23,1998 Page S of 9 Mr. Powell Mr Edwards, you're saying Nat-I mean don't let me put words In your mouth, but I think you're saying that you don't want the condition that says there will be a fire hydrant there later 9 you go the Parking lot. Mr. Edwa ds That's correct. ' Mc Powell You're not saying for he building, If there was a building but just for the parking lot. I'm assuming-and boy, that gets me in trouble-that even parking lots need fire protection because of automobile tires and that kind of thing, and I will gr, to Mr. Reed later with that, but I have to also assume that you've thought about this or know something about it, so help me out here Mr. Edwards. Well, I'm not an expert on fire protection by any means Basically, I have driven by a few car fires In my lime on this earth. Generally, these are eiectrical fires, and water is not the appropriate thing to put on them. I haven't seen, haven't heard tell of, you know, a full parking lot where you had a car fire with, you know, explosion going From car to car to car to car type thing I don't see this sa a particular hazard. I wouldn't be afraid to be walking down the sidewalk with a fug parking lot there without o fire hydrant. Generally, by the time the Fire Department responds with the foam and stuff that they have on hand for a car fire. I think thats the way that they w;.Ad handle most of those particular Instances. I don't know. Thai's a community decision, and you guys are - going b have to do that, BuL you know, as s citizen, as a civil engineer, you know, that's-there are certain risks that we have to lake when we go out on the streets and go out of our places of businesses and our homes, and that's one that I feel comfortable with, That's one that you guys will have to decide whether you're comfortable with R or not Mc Powell, Thank you Commissioner Engebrechl. Any questions? Mr Moreno. I have a question You Indicated that you spoke with the Fire Marshal about a different case. I guess my quesllon is-did you speak to the Fire Marshal about this particular situation? - Mr. Edwards. Yes, we spoke to the Fire Marshal about this particular one. In our discussion with the Fire Marshal, they were concerned on whether they had the ordinances in place to require fire hydrants around the buildings; and basically, by the time we got through with our discussions, we did confirm that they did have in the Fir r Code the ability to put on-site fire hydrants to prot-Kt the buiidings-and then alsu with the conditions that we c, uld attach to the plat, that we had that element of protection. I guess as a matter of course, if 11 would help the administration of It, t know the City of Lewisville requires that all variances be listed on the face of the plat and Denlon Bible Church and myself, I'm sure surveyors don't have a problem with making a note that would refer to that variance so that future deveiopmenl, as the building oMcial reviews the plat and ,ssues the permit, would at least have It referenced on the !ace or the plat to know to look for what the variance conditions. I Mr. Moreno Mr. Chairman, I guess what fm trying to reach at is I'd tike to know what the Fire Marshal's position Is on whether a live hydrant is required n.at to a parking lot and not just any parkVrg lot but thl; specific parking lot. 1 Mc Edwa ds, Yes, I think that at the time-we kind of ended our discussion, and we got the Information on the start w report and we really didn't have, I didn't h.ve a discussion with the Fire Marc,hal about the need for a fire hydrant adjacent to a parking lot. ' J Commissioner Engelbrecht Alt right, I think alter the petitioner lit finishec' or representative, we'll ask staff to comment on this particular issue. I don't know; David's here from the Englnee ing Department, and he may be able to give us some Inslght or Wayne can. Okay. Other questions? Ms Gou, JVe t just want--- do you know when this will be built out or what the master plan's future Ideas towards this f parking lot might be available to the church • Mr. Edwards It kind or depends on their funds. It's, Paul can probably answer those... J)f Ms. Gourdle Okay Q , Mr. Edwards a little bit better, but I think they have pretty much the funds available for the parking W we have shown here I think the next phase is lo build the activity cents end then the parking lot I think Paul can give you der Information on those time frames_.. 17, a, lh <I~ 32x1 o ' h l - , Planning and Zoning Commission Minutes Septe mber 23.1998 Page 6 of 9 Ms. Gourdle: Great That'd be appreciated. Thank you Commissioner Engelbrecht: Mr, Rlshel. 1 Mr. Risher. Mr, Edwards, It's not our intention in P&Z to make the process any more difficult than it needs to be. I , hope that the Denton Fire Department won't wait for a community decision on how to put out the parking lot Are d there's a car that's on fire, and I know they won't, Your analogy regarding the Radisson which Is, if I'm not mistaken, a stand pipe building and a fully spfinklered system because it's a multi-story building, so l's a totally different situation than what we have right here. I also am interested In what staffs recommendation Is, what they have done in talking to the Fire Department, because I want to see how they want to approach that sltuation. But it's not our intention to make and require you to do things [hat are beyond what's logical to do In your ongoing development So, I want to rest assured on that. I would like to try to, as much as possible, work with analogies that pertaln more ` to our piece of property, if we could. When you come in as an engineer, we appreciate that professionalism that you I bring to the field and this partialar expertise that you have. So, I'm going to reserve my further comment for what slaff and the City have done to work with you to get this development accomplished, Commissioner Engelbrecht Other questions for Mr. Edwards? Thank you. Mr Edwards. Thank you. Commissioner Engelbrecht Is there anyone else present who would like to speak la this issue? Yes, if you would give us your name and address, please. - Mr. Polk: My name is Paul Polk . The address is 1910 East University here In Denton. Chairman and Commissioners, thank you for your time. Just to avoid redundancy, I won't repeat what Mr Edwards has said as far J as our request and why we want that request My only purpose In being here now Is to answer any questions of a personal nature that you may have regarding the workings of Denton Bible Church. I didn't exactly hear your question Ms Gourdie Sorry. The joy of being sick. I would like to know when your phase-is this a five-year project to do the bottom southern portion or Is it a 10-year project? I'm just curious In my mind Is this something that-I'm trying to formulate in my mind if this is something we should bring back in ten years Instead of discussing It now, or 0 y'all have a quicker turn around, we understand, Mr. Polk, We do not have a definite lime home for this project As Mc Edwards has said, a lot of that is based on funds--especially with a church, a lot of it Is based on funds. Ili also based on need Right now our parking slualion is very desperate on Sunday mornings. When we build our new building, which will be determined by funds, the parking situation will probably increase, and we need It again. So, there's not a definite time home on i this It is basically based on need and money, i Ms Goi.rdm Thankyou Commissionor Engelbrecht. Other questions for Mr. Polk? Thank you Mi. Polk Thank you, r Commissioner Engelbrecht Is there anyone else present who would like to speak to this particular use? Anyone, ' else present who would like to speak to this case? Mr. Reed, that being the case, we'll ask staff to come back Commissioner do you have questions for staff? Mr. Moreno i Mr, Moreno' I want to know wtial the Fire Marshal says. Mr Reed Yes Last Tnuraday, Greg Edwards, mysetf, Rick Junes (the Fire Marshal),end John Gillette of the Fire 1 Department all met to clarify this Issue, Basically, it bolls down to this-!f you will allow me to (star to fire hydrants within the public right of-way or wilt in an area dedicated to the City or a public eassment as a public fire hydrant and a fire hydrant that Is located on privalo property as a private fire hydrant. I think I cam clarify this, The Fire Code provides for, In Chapter 29 of our Cade of Ordinances, the authority fo the Fire Department to require development i to have private hydrants to service stuctures on the property, The Subdivision Regulations, Chapter 34 of our Code of Ordinances, provides the authority $or the City to require public fire hydrants, They serve two different functions A public fire hydrant will definitely serve structures on the rile that ore within reach of 4, and Fire Departments have ~ r I x 10 3210 u Planning and Zoning Commission Minutes September 23,1998 Page 7 of 9 certain hoses, I suppose, that reach so far. There are certain criteria to an of that The private fire hydrant rearly serves, is meant to serve, just what's on that property. It's positioned and located to assist the Fire Department In responding to a Are to that property. So, the Fire Department feels comfortable with this variance with the condition that I forwarded from Ihal meeting It was very clear to Rick Jones and John Gillette that this was the condition, and they felt comfortable with that. Without the condition, no, they do not feel comfortable with the variance because they could not at any later time require the owner to install a public fire hydrant I would also like to point out that a public fire hydrant Is to protect the public's health, safety. At this particular location. Nottingham will in the future be exrended across the railroad tracks and will become a r'gnificanl intersection, Also, there s the railroad just to the south of this property. A public tire hydrant located whore I have indicated Is nera or Iess 300 feet from where the existing one Is situated at that Intersection. So, thal Are hydrant Is to service the property, but It also is to service anything else that happens nearby that is within reach, Commissioner Engelbracht Mr, Powell Mr. Powell Thank you. Do we normally exoect the developer to pay for a public fire hydrant? Mr. Reed, Yes, Mr Powell. Thank you. Commissioner Engerbrechl: Ms, Gourdis? Ms, Gourdie Sure. I was just wonderlri there any way that 9 they-when they do apply for a permit, this could come back? I mean, will they be able to come back and apply for a variance in this case also, if for some case in five years down the road it's a different PBZ, ifs a dfferenl whatever, a different philosophy of building. Would they be able to come forward and try to do a variance on that building permit that you're putting a condition on? Mr Reed. A variance from the building permil? They could come back and Ms. Gourdie Well, a variance from the water line that you're requiring as a condition i Mr, Reed. They cod,d apply, I suppose, as many limes as they'd like. Ms Gourdie. Okay. So, it's not like this is N. They can-they have options I Mr. Reed They can continue. Ms Gourdie Is there a filing fee for variances? I Mr. Reed Yes, there is. Ms Gowdie Okay. Thank you Thank you Mr Reed You're welcome Cemmissioner Engelbrechl. Any other questions, Commissioners? We're talking bringing the water line 300 feet? e Mr Reed Three hundred feet. I Commissioner Engelbrechl And then installing the Are hydrant Mr.Reed Correct. I Commissioner EngelbrechU And I'm assuming that at the-and t don't knew II this is correct or not-but in the event i, that they do extend the wafer line, would that be something the Cdy, would wnnl to participate In over-sizing that line down there, or Is that not an Interest to then. Okay, Ifs not. I can sea 'no' from the Engineering slaff. Do we have an idea what we' •e talking In terms of rough cost to extend the wafer line 300 feet? ~ Mr. Reed Rough cost would be V5.000, the firm hydrant $2,500 Again, Shale very rough ~ Commissioner Engeibrecht: Right. Okay 19. r' ; n..Sr* wr I~~ 4 L3 0 L 10 9 x~..+ra to Planning and Zoning 01ommissionlyfinuilies September23,1,998 Pape B 'if 9 Mr, Powell. That's not-that's only 'if snd 'until' the southern half of this Is developed. That woui,', be that far southern parking tot. That's not now. Mr. Reed. That Is correct That would be at the time of the extension of the water hne and the installation of the fire hydrant. Mr, Powell. Thank you. Commissioner Engelbrecht, Other questions. Okay Thank you, Mc Reed. Appreciate 0 Commissioners, any comments or a motion? h'•. Moreno I'm not going to fly to out-guess the Fira Marshal. Mr, Donaldson. If I could odd one thing, The agenda wording for Ilem 7(c) Is actually In error, Rather than 'consider making a recommend3!,on to the City Council' you have the authority to approve preliminary plaisi so, the wording should be'ronsider approval of the preliminary plat' Mc Reed, If I may Insert the motion In the staff report Is car, al. The agenda wording was Incorrect, to If you read the motion for 7(c) on the agenda, it Is correct Mr. Powell, At this stage of the game, we're only doing ?(a)--fight? Coinmissloner Engeibrechf, Yes II would be 7(a), which is, In that case, a variance concemingthe water lines, Mr, Powell. If I may, IN make the motion. I move we recommend approval of the variance from Section 34-116(1) for Lai 2, Block A of the Donlon Bible Church Addition finding that the public health, safety, and welfare will not be Jeopareaed and subject to the following condihui no building or parking W permit shall be Issued for the cunsir"I on of any structures or perking lot on the southern 1.78 acres of the subject lot until the existing water line Is exiendeG souGt alor g Nottingham Drive, a minimum of 300 feet to provide adequate fire protection in accordance with Seclion 34.116(e) of the Code of Ordinances, Mr Moreno Second Commie ;loner Engelbrecht. There's it motion end a second Any discussion on the motion? Ms Gourdm I just want t am fo know that we have an opporunity to come back with a variance, so that it things rhange, at least there's an opportunity to flush Ibis out the way y'all want It to go, hopefully, next time round. But I think for now, IhiS Is totally reasonable. I think y'all pal pal of il. It's a compromise, and we can go from there, Soil silica wdh what Rdve requested Commissioner Engelbracht. Any other comments or discussion? All In favor of the motion, please raise your tight hand Mot-on carried unanimously. (6-0) Cormnissloner Engelbfecht. The, leads us to item (b) which Is considering the variance on the fire hydrants, Commi<sloners, do we have a motion? S Mr Moreno. Mr. Chair, I move M recommend approval of the v.rlance from Section 34.1 11(e) for 1012, Block A of tho Donlon Bibte Church Addition finding that the public health, safely, and welfare will not be jeoponli and subject to the following condition no building or perking lot permit should be Uued for the construction of any j structures or parking lot on the southern 1.78 acres of the subject h+, unlil an addilior at fro hydrant Is installed along Nottingham Drive at a distance of no morn them 300 feel horn the exi0mi; one kn;aled on the subject lot to provide adequate fire protection in accordance with Secllon 34.1 t6(e) of h3 Coos of Ordmances, Commissioner Engelbrecht Is there a second? Ms Gourdo Second d . J Commissioner Engetbrechl It's been moved end +econded to approve the.,., I~ 1 Mr. Reed May I-I'm sorry The staff report says 'a', that's actually subsection's'. I do spologlte. I i 20, r 32 x 1 E] r ~ Planning and Zoning Commission Minutes September23, 1998 Page 9 of 9 _t Mr. Powell Is that on 7(a) also? Mc Reed No. Seven (a) Is 'a' and this Is 'e. Very sorry Commissioner Engelbrecht: It's correct In Ihr agenda. It was intoned In the nation. Thank you, Mr. Reed. Mr. Moreno, do you want to change your-mod~!f your moi Mr. Moreno, May I modify the mots just to say that the coned section Is Section 34.1111 rather Ivan (a). Ms, Gc ie: Sxand that Commissioner Engelbrechl: Any discussion cr comment on the motion? All In favor, please raise your right hand. Motion caries unanimously. (5 - 0) Commissioner Engelbrli That moves us to ;lain 7(c), which Is consider approval of the pretiminary plat of Lot 2, Block A of the Donlon Bible Addition. Commissioner, any comments or a motion? Don't all speak at once. Mr. Powell Mr. Chairman, I move to approve the preliminwry plat of Lot 2, Block A of the Denton Bible Church Addition conditioned upon approval by the City Council of the variances from Section 34.116(c) and Section 34r 116(e) of the Code of Ordinances Ms. Gourdie: Second. Commissioner Engelbrechl, Moved and seconded to approve. Any discussion on the motion? Ail In avor, please raise your right hand. Motion coulee unanimously, (5-0) That moves us to--Mr. Edwards, did you it ant to make a comment? Mr, Edwards III might have a few minutes of your time We little bit of clarifination. I oppreclate I Ie lima thal you spent or Ihis We did talk about adding a note to the final plat, In your moticns, nobody said anyth ng about that so I'm assuming that that Is not a necessary thing to facilitate the administration of this. Does anybody eel strongly end would like to see that, we don't have a problem with doing that. Mr, Powell, Mr Edwards, stall has said that they can handle It without that, to 1 don't' see any problem. Mr Edwards. Thank you CommissionerEngolbrecht Thankyou kit Gourd e, is that okay? Mr Reed. I'm sorry. Ms Gomdle, He wanted to-Wayne wanied to note It on the final plat You want It noted on k? Mr, Reed Yes 1 Mr, Donaldson. We new or do that. Maybe we should change policy then. • Commlisioner Engelbrechl. Well, wit'9leavo it to staff to determine If They need to change policy or would like to change policy. We'll lot you all talk [hot over. Mc Reed. If we do decide to do that with this vineries, the final plat does goes to the ORC, the Development Review Commiller I'm the case manager, to Ian make due note of "I at that Ume Commissioner Engetboechf. Allri Thank you, Pd10 9 2 3 9 811emy,doc 21. r i - p, k 25.0,10 32x10 Q e i I ATTACHMENT 3 Memorandum To: Wayne Reed, Planner 1 From: `Dick Jones, Fire Marshal Date: September 30, :498 Subject: Parlance request to 34-116(c), Fire Hydrants Mr. Reed, In reference to out meeting on September 29, 19981 have the following information, The Denton Fire Department is in support of the recommended approval for the variance as stated by the Planning and Zoning Commission on September 23, 1998. Dunng ourmecttng Mr. Edwards presented three concems with the recommended variance. a Why would a hydrant be needed for a parking lot? I Is a fire hydrant needed for buildings across the railroad? a Cost of A aler line and hydrant. A hydrant is required along a public roadway every three hundred fact. This is to insure reasonable fire safety for the public. Mr, Edwardi had stated that on-site hydrants could give proper fire protection. This is true to a certain extent, On ute hydrants are designed for a particular building not for public usage. Public fire hydrants serve more thanjusl the structures built near its placement, For instance, if a hazardous materials accident occurs at Nottingham Drive and,Slingo Road, this additional hydrant would be needed in abating that incident. If a car fire was to occur in the proposed parking lot and it involved more than one vehicle a street side hydrant would be utilized The cost of the water line extension and hydrant can appear to be extensive when developing a certain property. Traditionally the City of Denton has placed this burden upon the property developer, Without these requirements public safety could be compromised, It is for this reason that we are in agreement that lot 2, Block A of Denton Bible Church Addition receives a vanance from the fire hydrant requirement. An existing public hydrant along Nottingham Drive will protect the proposed Junior High Building and applicable parking. Also in on. site hydrant exists for the proposed Junior High Building The hydrant located at Nottingham Drive and Mingo would not be used to abere hazards on the south side of the railroad. However, its hazardous materials incident or train derailment M were to occur on the railroad in this area the hydrant would be of vital significance in rescue and hazard abatement activities on the north side of the track. It is for these reasons that the Denton Fire Department is opposed to allowing a variance from the fire hydrant requirement to the southern I,18 acres of the subject lot. If the developer w ould prefer to locate the proposed hydrant on the east side of Nottingham Drive Road that would be acceptable to the Fire Department. If you should have any questions please do not hesitate to call, 349.810. Yours in the interest of fire safety i~ 22. r 0 o , Voisin" Apenda NO; Y0 AGENDA INFORMATION SHEET Agenda Item l~v Date AGENDA DATE: October 20, 1998 DEPARTMENT: Planning Department DCM: Rick Svehia, 3497715 ge y SUBJECT-Exaction Variance (V•98.013) Consider approval of an exe.tion variance from Section 34.116(e), water line capacity, of the Subdivision and Land Development Reputations for Lot 2, block A, of the Denton Bible Church Addition. The 4,23-acre property is' sated on the northwest comer of the Nottingham Drive and Mingo Road Intersection. BACKGROUND See the Planning and Zoning Commission Report for more details about the variance request from water line capacity standards for fire protection purposes. "rhe basis of the applicant's request for a variance from Section 34.116(e), concerning water line capacity, of the Code of Ordinances for the subject 4,28 acre property is a lack of reasonable benefit to the property owner (see Attachment 1, Enclosure 5). The owner, Denton Bible Church, Intends to develop only the northern 2.45 acres of the subject lot at this time. This portion is already adequately served by existing fire hydrants (see Attachment 1, Enclosure 2 - Site Plon). The church's master plan shows the remaining 1.78 acres of Lot 2 will be developed as a parking lot (see Attachment 1, Enclosure 6 - Denton Bible Church's Master Plan). Because no structures are proposed, the applicant, Greg Edwwds, believes that the cost of extending a water line for the purpose of installing a fire hydrant exceeds any reasonable benefit to the property owner, 1 he applicant expressed his opinion before the Planning and Zoning Commission. He proposed Iltc condition recommended by staff he changed to exclude any references to parking lots. Staff expressed to the Commission that the fire department was comfortable with the variance as recamnmcnded. In fact, city staff had consulted with the Fire Marshall and agreed on the language of the variance. (The applicant was present at that meeting.) After considering all of the information, the Commission approved the variance as recommended by staff. It read as follows (with references to parking lots underlined); No building or nprAlrrrt otperrnit shall be Issued for the construction of any structure(s) or narAing lot on the southern 174 acrer of the subject lot unit/ the rtisNng %vier line Is r:rended south along Nottinghom Drive a minimum of three hundred (300) feet to proeide adequate fire protection In accordance u'Uh Section 9416(e) of the Code of Ordinances. • 0 • M the opplicanl's request, city staff, including Rick !ones, Fire Marshall, John Gillette, Assistant fire Marshall, met on September 29, 1998 to further discuss the details of the variance, Mr. Edwards had three concerns about the Commission'r recommendation: a Why would a hydrant be needed for a perking lot? a Is a fire hydrant needed forbuildings across the railroad? • Cost of the water line and hydrant I'1 P nb'r 1 1rr 11 ! IAi rl.L a' 1 , 2 ~0 32XIO e u I Rick Jones informed Mr. Edwards that the recommendation was fair and adequate (see Attachment 3). A property owner clearly has an obligation to provide adequate fire protection. Public fire hydrants along public streets serve more than just the structures or land uses near their placement, such as car accidents. At this particular site, the proximity of the railroad to the property increases the need for a public lire hydrant du- to the possibility of a train derailment that could involve hazardous materials. Mr. Jones stated that "as more improvements are added on the property, structures or parking lots, the greater the risk to the public's health and safety." For this reason, the fire department supports the recommendation forwarded by the Planning and Zoning Commission. The meeting did produce a compromise concerning the location or a rhture fire hydrant. Rick Jones agreed that the property owner could install the f e hydrant on either side of Nottingham Drive as long as it was no more three hundred (300) feet from the existing one. This agreement does not effect the Planning and Zoning Commission's recommendation for this variance concerning water line capacity, PRIOR AC HONIREVIEW (Council, Boards. Commission The Planning and Zoning Commission unanimously recommended approval (5-0) of the exaction variance from Section 34.116(e) for Lot 2, Block A, of the 11--iton Bible Church Addition at its meeting or. September 23, 1998, with the following condition: No building or parking lot permit shall be issued for the construction of any structurc(s) or parking lot on the southern 1.78 acres of the subject lot until the existing water line is c> tended south along Nottingham Drive a minimum of three hundred (300) feet to provide adequate fire prolection in accordance with Section 34-116(c) of the Code of Ordinances, SUGGESTED MOTION If City Council wishes to approve the variance from Section 34-I lo(e), concerning water line capacity, as recommended by the Planning and Zoning Commission, staff recommends the following motion: 1 move to approve a variance from Section 34.116(e) for Lot 2, Block A. of the Denton Bible Church Addition. Finding that: I. That the public health, safety, and welfare will not be jeopardized; and subject to the following condition: 1. No building or parking lot permit shall be Issued for the construction of any structure(s) or parking lot on the southern 1,78 acres of the subject lot until adequate water line capacity is provided along Nottingham Drive to provide adequate fire protection in i accordance with Section 34.116(e) of the Code of Ordinances. 1 0 ALIERNATIVES: Q , I. Approve the variance with recommended or other/additional conditions; JV 2. Approve the variance without conditions; 3. Deny the variance; 4. Postpone consideration of variance to a date certain with a request for additional information; or 5. Table the variance. { . f t Q ..n.. t w.Mai. Nw.n Mr. ,l nn.i a.~~eAw r+...I♦a Y- . i n.... n wYrN:M..Yt..1.,'n r.--M ~Ynw.u+a . ....e. FISCAL INFORMATION None. I ATTACHMENTS 1. Planning and Zoning Commission Report, Variance to Section 34.116(c), Fire Hydrants, Denton Bible Church Addition.; 2. Planning and Zoning Commission minutes from September 23,1995; and 3. Letter from Rick Jones, Fire Marshall. Respectfully ~ ' t Hill Director of Planning and Development s t r Prepared by: W ayne ed Planner a i , r 1'/ w 0' ' f , 1. r JI I Slr. drn 3 ♦ 'a t 25IC 32x10 w 0 ' O inrraaya ATTACKMENT 1 v PLANNING AND ZONING COMMISSION STAFF REPORT Sublect: Variance to section 34.116(e), Case Number: V-98-013 Water Line Capacity, Denton Bible Church Addition M: Wayne Reed, Planner I M: September 23, 1998 A~iL4~L• Consider making a recommendation to City Council for an exaction variance to Section 34-118(e), concerning water line capacity, of the Code of Oidinances for Lot 2, Block A, of the Der ton Bible Church Addition (see Enclosure 4). h PURPOSE AND APPLICABILITY: Sac, 34.6. Variances and Modifications. (b) Crlleria for variances from development exactions. Where the Commisslc n finds that I the Imposition of any development exaction pursuant to the Subdivision and Land Development regulations exceeds any reasonable benefit to the property owner or is so excessive as to constitute confiscation of the tract of land to be platted, it may recommend approval of variances to waive such exactions, so as to prevent such excess, to City Council. Waiver of development exactions shall be approved by the City Council. (c) Conditions. In approving variances, the commission may require such conditions as will in its judgement, secure substantially the purposes described In Section 34.2. Sec. 34.2. Purpose. This chapter Is adopted for the following purposes: (a) To protect and promote the public health, safety, and general welfare of the community. • (b) To guide and plan for the future growth and development of the city by providing for the orderly development of land and for the extension of streets, utilities, and other public improvements and facilities In accordance with tho city's master plans. j (c) To Insure that all developments provide for the streets, sidewalks, drainage facilities, water and sewor facilities and other public and private improvements and facilities which die euequate and necessary to serve the development. BACKGROUND: 1 This property Is In a Single-Family 7 (SF-7) zoning district. i ~t 3 z X[ d ' o i SUMMARY: I The applicant is requesting a variance from Section 34.118 of the Subdivision and Land I Development Regulations Ordinance, which is concerned with establishing water utilities standards for fire protection purposes. Specifically, the request petitions for a variance from the required water line capacity as stated In subsection (e): " (e) Water Capacity Required. Every development shall provide adequate water capacity for fire protection purposes. Unless buildings In the development are provided with fire protection by means of eutomatic sprinkler systems in accordance with Chapter 28 of j the Code of Ordinances, each tevelopment shall provide the minimum water capacity (calculated with twenty (20) pounds of residual pressure): 6m& M High-intensity commercial and Industrial 3,000 Medium•Intensftyoommerclal,i 1,LOo = f" Medium•Intensityresldentiat_ 750 Low-Intensity rosldential 500 The intended development would have to comply with the medium-Intensity commercial standard, because it Is nonresidential in nature, even though the property is located within a Single-Family 7 (SF-7) zoning district. The applicant's request for a variance from Section 34.116(e) Is based on the lack of a reasonable benefit to the property owner to extend the existing water line south of the existing one located on Nottingham Drive for the purpose of fire protection (see Enclosure 3). He argues that Denton Bibr3 Church Intends to construct a parking lot at this time and a junior high activity center at some point In the future on the northern 2,45 acres of Lot 2 (see Enclosure 2). The applicant states that there are adequate water utilities to service this development. In fact, the church has already Installed the necessary water lines, sanitary sewer lines and an on-site fire hydrant to service the future structure. The Church's Master Plan calls for a parking lot on the remaining portion of the subject lot (see Enclosure 6). Therefore, the additional fire hydrant further down Nottingham would be an unnecessary cost to the property owner at this time. Staff finds the applicant's request to be reasonable. Extending the water line to install a fire hydrant at this time would serve no purpose. The southern half of the subject lot Is undeveloped and will remain In such state until the Church feels It necessary to add more t parking. At an average cost of $50 per linear fool to Install a water line, total cost to extend the water line some three hundred (300) feet could amount to $13,000. This cost appears to exceed any reasonable benefit at the present time to the property owner, RECOMMgbQATION; Stiff recommends approval of the variance request from Section 34-116(e), concerning water line capacity, for Lot 2, Block A, of the Denton Bible Church Addition, seeing that It will not be detrimentral to the public's health, safety, and welfare, However, d the lower 0 half of the lot is developed in the future fir any purpose, staff finds that the lack of adequate water lines would pose a threat. Therefore, staff fonxards the condition that no building or parking lot permit should be Issued for the construction of any structure(s) or parking lot on the southern 1,78 acres of the subject lot until the existing water line Is extended south along Nottingham Drive a minimum o` three hundred (300) feet to provide adequate fire protection In accordance with Section 34.118(s) of the Code of Ordinances. +v r'A 0'' a NA Page II M 3 , r, A o :32x { . . r 0 11 r , r, 5 y SUGGESTED MOTION: I move to recommend approval of the variance from Section 34.116(e) for Lot 2, Block A, of the Denton Bible Church Addition. Finding that; 1. That the public health, safety, and welfare will not be jeopardized; i and subject to the following condition: h 1. No building or parki,ig lot permit shall be Issued for the construction of any structure(s) or parking lot on the southern 1.76 acres of the subject lot until the existing water tine Is eytended south along Nottingham Drive a minimum of three hundred (300) feet to provide adequate fire protection in accordance with Section 34-116(e) of the Code of Ordinances. i ALTERN~ITIVES: 1, Approve the variance with recommended or otherladditlonal conditions; s 2. Approve the variance without conditions; 3. Deny the variance; 4. Postpone consideration of variance to a date certain with a request for additional Information; or 6. Table the variance. ENCLOSURES: L Location Map 2. Site Plan 3. Utility Map 4. Preliminary Plat 6. Petitioner's Letter 6. Denton Bible Church's Master Plan r 1 , t K I . ~Y i 1 11 1D 6. !'I J' 0 4A<!'/}r, ~I IlAfrlr4k' "3d3 ' e 1 v 2 6 v ~ 4 y ! ENCLOSURE 1 , NORTH PFP-98.087 (Denton Bible Church Addition) z } l~wiw~4t-i-~~, t p ' a Q O Y ! 8 oil Colo- t 0 ~ O• SITE ° R~1 1 • q i LOCATION MAP i 41 I ~ r z i O ~~~~//fll I t V fa.,. e Agenda date: September 23, 1998 Bale: None ' ry 32 x 2.5 Y I s i I 0 i ENCLOSURE 2 PFP-98-087 (Denton Bible Church Additlon NORTH I ,nw F,,E NYONANT I r J. Ami 1•~.f°j ' y M R M+IX omi Fm HYDRANT LOCAr" of NI TO 11" ioUrNINN IJI ACRES Of OT t • SITE PLAN o i Agenda Dote: September23,1998 Scale: None r ~:y `U 32X~I"1 0 o ' ENCLOSURE 3 NORTH PFP-98-087 (Denton Bible Church Addition o 'ti m 9 ~ b q e, . b :W ~p SITE 4 ' Location ofrequlred - -~13 fve hydrant. EXISTING UTILITIES MAP Hydrants - Water Llne (W, L.) a - Sower Line (S. L.) O 0 Electric Lino (E. L.) i Dale: September 23, 1998 ftels: None 9. I e • o i s _ E { I ~Irara I~<, I ~~✓.I Y ° Spy t{+fp Emir IwN p I Pr VOLVA 9 1{f `tf i ►AU A{{ RI I I i wof m.. ! n Ae{[! f 1 11 I ~ill'14ov... S "~I or. oe { % trap. A J 2 w I led 1 OII ~ j 1 ~w• / I 11 r 104.9y go, 1illf~o e IMF 1w ;e , ~v ~ ; a~a rw,amr.~r rr~r wu ~!MlbM AOd!M 3 ID j • 1J i 0 ti a S' ENCLOSURE 5 i 0RM ®WA WO ENGINEERING IDMO VICM e~ ,m.~,,,, uFini.o~.evra a,t. ~ • rrn,sx.n yew, i Ri oaaaap, o,at Fwgaeq OYtC>ex t Thursday, September 03, 1998 City of Denton Attn.: Wayne Reed City Hall West Denton, Texas , Re.: Denton Bible Church variance request lt Dear Wayne, The Subdivision Ordinance requires that fire hydrants be placed at 300 foot spacing along the frontage of non-residential properties. The southern portion of Denton Bible Church Lot 2 Block 'A' is not covered by existing fire tydrants. Since this is a small stand alone project, we would expect the unit prices for installation of one fire hydrant and 300 feet of lead line to be relatively high. I would expect cost to be in the $10,000 to $15,000 range The Church is platting this property at this time to expand the parking facilities. A Junior High activity center is planned in the northwest portion of this lot. The Church has already extended Water, Sanitary Sewer and Fire Hydrants to serve this future building site. The fire hydrant as required to meet the City of Denton Subdivision Ordinance would serve an area. which is currently being used by tha Church as playing fields. Occasional soccer and Sag football games are played in this area. The Churches Master Plan calls for this area to be used for parking. If a bolding were ever proposed in this area, the Church would agree to extend necessary fire protect;on. We hope that the Commission will find that imposition of this development standard exceeds the reasonable benefit to the property owner, and grants the variance. We plan on being at the meeting to answer any questions the Commission might have. Please call if you have any questions. Sincerely, , /Gre7dwZardsP. E. 7~P a, CC: Denton Bible Church ll, . a '.b s I ry 10 32XIa i XWNW" 0 t l ENCLOSURE 6 A6 NORTH PFP-98.08T (Denton Bible Church Addition) Y/--_111111 {'lam 2O k. I JJ ~ f v ly ; , ♦ SITE • DENTON BIBLE CHURCH'S MASTER PLAN l i Agenda Data: September 23, 1998 Scale, None 12, „ 0 ' i srca~w..ea . (Y ATTACHr,ENT 2 I I MINUTES - PLANNING AND ZONING COMMISSION September 23, 1998 ITEMS FOR INDIVIDUAL CONSIDERATION f[ 7. Denton Bible Church Addition. a) Consider making a recommendation to the City Council concerning exaction variance of Section 34- 116(e) of the Code of Ordinances concerning water lines. (V•98.013, Denton Bible Church Addition, Wayne Reed) b) Consider making a recommendation to the City Council concerning exaction variance of Section 34. 116(c) of the Code of Ordinances concerning fire hydrants. (V-98-013, Denton Bible Church Addition, Wayne Reed) c) Cow;,, r making a recommendation to the City Council concerning the preliminary plot of Lot 2, Block A, of the Denton Bible Church Addition. The 4.23-acre site is located on the northwest comer of the Mingo Road and Nottingham Drive Intersection. The property Is within a Single-Family 7 (SF-71 zoning district. Expansion of the church's parking lot Is proposed. (PFP-98-087, Denton Bible Church Addition, Wayne Reed) Commissioner Engellti Item 07 this evening Is an item for individual consideration-Denton Bible Church AlAtion There are three items. Commissioners, any objections to-I believe we need to vote separately on the three-but is there an, rsason why we couldn't receive one report on the entire item at one time. I will read these- (a) is to consider making a recommendation to the City Council concerning an exaction variance of Section 34- 116(e) of the Code of Ordinances concerning water lines. Item 7(b` Is to consider making a recommendation to the k City Council concerning exaction variance of Section 34.116(c) of the Code of Ordinances concerning fire hydrants. Finally, item (c) is to consider making a recommendation to the City Council concerning the preliminary plat of Lot 2, Block A, of the Denton Bible Church Addition The 4 23-acre site is located on Ve northwest corner of the Mingo Road and Nottingham Drive inlerseclion. The property is within an SF-7 zoning district. Expansion of the church's parking lot is proposed. I believe we will receive the staff report . Mr. Reed Mr. Rishel joined the meeting Mr. Wayne Reed presented the staff report. Mr. Reed. Thank you. Chairman, and good evening. Commisslonen. As you've already said, this property is located on the northwest corner of Nottingham Drive and Mingo Road as the location map illustrates on the document camera The request here is a variance from the section of our Subdivision and Land Development Regulations concerning water rapacity. Every development is required 1u provide adequate water capacity for fire prolectlon purposes, and it's the Subdivision and Land Development F,egulations that provide the City the authority ' 10 require this development for new development in the city. Excuse me The property under discussion here is requesting a Variance because the applicant feels that there is a lack of reasonable benefit to the property owner, The subdivision regs do provide an opportunity for a variance from these exactions --dewelopment exactions that criteria is that the if the Commission rinds that the imposition of the development exaction does not provide a 4. reasonable benefit to the property owner, the Commission may then recommend approval to City Council to gran) I this variance. Secondly, the Code of Ordinances also provides the Commission with the authority to sdach conditions to that Having said that, then, I'd like to show a utility map of the property. The existing utilities on this property concerning or in reference to fire hydrants is illustrated here The subject property is highlighted in yellow, An existing fee hydrant exists on the east side of Nottngham Drive just to the east side of the property , There is another one that is on the Denton B ble Church property, as well one that is located just to the north side of the 1 property, as well as one that is midway, more or less, down the east property line of the lot In question The applicant is requesting a variance hum extending the water line as well as, if I'm combining these requests, the o placement of a fire hydrant 300 feet south of the existng fire hydrant, which is brat 1 right here on their lot. The Q purpose of that fire hydrant would be to service any future development on the southern portion of INS 101 in case of a fire Because the applicant, and now 111 put up a site plan-if you could zoom in. It's not working') That's okay t•,lir' I'll just lower this What we can see on the document camera Is the lot Is at present-the proposed development is j i only for the north half of the lot They Intend on constructing a parking lot immediately, or as soon as possible, and 13. e ter. ' o r d Planning and Zoning Commission Minutes September 23, 1998 Page 2 of 9 are reserving a pad on the northwest corner of this portion of the lot Iv the future junior high activity center. However, as the site plan illustrates, the owner does not (which is the church) is not intending on extending the parking lot further south. The applicant has also provided the Denton Bible Church's master plan, which again Is but a plan, and % does demonstrate that the church intends on continuing the parking when it is deemed necessary . Staff recommends approval because staff does End there is a lack of reasonable benefit at the present time to the - property owners. However. I emphasize the words at this present time because, it in the future the parking lot is extended and who's to say that the church changes their plan and p risibly places the structure down there, d we do not provide adequate Ere hydrant and water capacity for that portion of the lot, the City Gies not have the authority through other potions of the code to require a public fire hydrant along the street. I will make it clear that the Fire Code does provide the Fire Department the authority to require the sprinkling of certain structures based upon its construction type and other aspects, as well as, if again depending on the site criteria, an on-site fire hydrant. But that is not always the case. So, it is the subdivision regs that we rely on to get the fire hydrant within the public right- of-way. Because of the uncertainty of the future and the possibility of change of the master plan, staff recommends - - approval with the condition that prior to the issuance of any parking or building permits that the extension of the water line 300 feet south of the existing Ere hydrant as well as the placement of a fire hydrant 300 feet south of the existing one on Nottingham Drive Is required or is installed So that is stairs position on this, If the Planning and Zoning Commission does recommend approval, then the preliminary plat will be-the approval of that is contingent ~r upon approval of the variances by City Council. Then you will see the final plat at a later date after that approval. I'd be happy to answer any questions at this time, Commissioner Engelbrecht Commissioners, any questions? Mr. Donaldson, Wayne, can you show us where the existing fire hydrant is on that site plan? On the tie plan. Mr, Reed. It is right here. Mr. Donaldson Yes-Just to demonstrate that the proposer' development is covered by the existing fire hydrant, Commissioner EnVlbrecht. Okay. Commissioners, any ruestions for Mr. Reed? Mr, Powell, Would there be any reason that they wound not be able to extend the line in the future or we-is there anything happenin3 here now that would get in the wcy of that line being extended later? Mr. Reed. No, Nor. Powell. Thank you Commissioner Engelbfecht Other questions for Mr. Reed? Thank you Mr. Reed May I make one last comment? Commissioner Engelb echt. Yes Sure. Mr. Reed I should make the Commission aware that the variance with the condition does provide the City the ability at a future time before development occurs on that southern portion of the lot to have the owner install that water line and the fire hydrant However, there is a maller of actually following up on that, since N building Inspection time, It's a paper Iran issue So, there is an adm;nislrative difficulty Ihat Is ueated by granting this variance that W like to make the Commission aware of. But, hopefully this would not be (inaudible) . Commissioner Engelbrecht. Mr. Risher Mr R-shel Excuse me for being a little late. I'm not quite sure I understand who is paying for the extension and the inslaliation of the Ere hydrant ilserf. la Thal the City? • Mr. Reed That would be the owner at the time prior to the issuance of the building permits if the variance Is Q granted-or even now-the owner's required to extend that water line and also pay for the fire hydrant. Mc Rishel So, the owner has agreed to make that payment, to make that iplemenl that plan for the extension of the fire hydrant? 14. 4 hY' r A ~1. • o E Plano ing and Zoning Commi;sion Minutes September23, 11998 Page 3 of 9 Mr. Reed I'd like to let the applicant speak for the owner on that. The applicant was given a copy of stairs report last week and Is well aware of the City's position as far as the condition on that variance. , Mr. Rishel, Okay. Thank you. Commissioner Engetbrechl Since you brought up that Issue, this is--this condition would be filed with the plat Coned? Mr. Donaldson, Well, Ili have a separate file for the variance that's coded to the plat. Than the final plat would rellect, or the construction documents would reflect, not having to do that water line extension until such time as there's another building permit. - Commissioner Engelbrecht: Well, my point being oat if the oppricant ^.omes In at some future lime with a request for permit on the southern portion of the lot, then wither the permit office looks up the plat, that's when they're going to- or that's when they should pick up tta variance. Mr. Donaldson' Correll, Commissioner Engelbrecht IN arequiremeMfor the e, Mr. Reed. That's We. Commissioner Engelbrecht ...exlension of water. Mr. Reed But there's no documentation on the actual final plat that speak of the variance, Mr. Donaldson: There'd be a note to the fie, Commissioner EngeibrechL Quite right. Okay. Mr Powell'. Question. Commissioner Engelbrechl Yes. f Mr. Powell, There's no documentation on the trial plat, How big a deal Is R to put documentation on a final plat? Is that.,. Mr. Reed: I honestly--d's not typical to put It on there, but it really doesn't tie In with the Information that's required on that final p!al Mr. Oon,Idson We can create the documentation within the file within which the plat If stored, which would trigger people's, you know, being alert to the need for that Commissioner Engelbresht. Other questions? Mr. Bucek: Lei me ask a clarificallon. Wayne, whet I'm trying to understand is whenever rv grant varlances, aren't we going to treat this variance the same way we treat any other variance we grant? • Mr. Reed. Yes, it is Mr Bucek: Okay Mr Reed We will I Mr. Bucek So... Commissioner Engelbrechl. Yes I just saw this as an administrative Issue since you brought R up Mr reed, Yes Commissioner Engelbrechl: If there's s problem with that, staff can take R to the appropriate authorities to change the requirements for final plat 15. ti-E,. 25 X 32X "doom ft" Planning and Zoning Commission Minutes September23, 1998 Page 4 o(9 Mr Reed. It'll be-to look at a bigger picture, it's just as difficult to track this variance as it is a ZBA variance. i Commissioner Engetbrecht. Right Mr, Reed. It's just a paper trail that staff has to, through institutional knowledge or through hard work, find and make sure it's-Thal we haven't lost it. Commissioner Engelbrecht I think its a good point you brought up because it poirds out to everyone that there is an-when we pass these things, there is another issue involved for staff and everyone down the line. that they have to watch for these things. Any other questions for Mr. Reed? Thank you, sir. Is there anyone present who would like to speak to this particular case? If you would give us your name and business address. Mr, Edwards, Chairman and members of the Commission, I'm Greg Edwards. I'm a civil engineer. My business address is 300 North Carroll Boulevard, Suite B here in Denton, We have requested the variance and appreciated the effort that Wayne went through in meeting with me and Fire Marstals and ,v"body to get everybody up to - snuff on what the City of Denton ordinances can and can't require and what cs.i and can't be placed on conditions and those kind of things, We had a little bit of a rat race getting through Ihose things and appreciate all his efforts and extra lime that he spent on that to help us get to this point. Basically, Lie staff recommendation gets us kind of where we want to be on phase I, but it doesn't quite get us exactly where we vant to be on phase II. As Wayne has pointed out, we do have an existing fire hydrant here. There are several on the opposite side of Nottingham. There is one that we installed when they put in the Learning Center that would basica ly blanket the proposed pad site that we have In the church's master plan. So for Phase I, 1 think we're pretty well u,vered. Aa far as extension of City lines, lhn church has brought fine water line from fls west properly line across the properly, and basically they have some unocveloped property in the southeast corner of Mingo and Nottingham that, 'f and when it was developed, the City could require extension of that water line for future extension to the east. I think the biggest difference that we have with the staff recommendation is concerning the parking lot that the church Is panning on building which would be phase II or some later date to complete their master plan. They would want to prtvlde additional parking in th:.! 1,7 acres, provide the landscaping and an those kinds of things, at the time that the; do that. We did something many years ago when the Radisson was built, The Cry, of Denton's fire code did not require fire hydrants around buildings We did go through the platting process and the City's ordinance required fire hydrants every 300 feel. We had to bring water from Bonnie Brae to, what is it, Avenue C or D? D 1 guess d Is, and so we were, by the subdivision ordinance, would have been required to put in 10 or 12 Are hydrants along the golf course to put out flaming golfers and parking lots, end we weren't required to put a^y lire hydrants around th r buildings, We met with i the fire marshals at that lime and, as then, I won't have problems putting fire hydrants arounJ buildings, I do have--l - don't see the value of putting rife hydrants next to ii courses and next to parking lots and linot kind of stuff. In our request to u.e City, we did inil4le a corditioa, that if the church's master plan does change and they do put a structure in this area, and we fully agree with that part of their recommendation that fire hydrants be extended to provide the adequate prolection for those buildings What we would like to do is delete the parking tot portion of d because that is our Intent to build that as a parking lot, and we feel the church has better places to spend their money than extending a water line down the existing right-of-way and adding on additional fire hydrant for that particular thing 11 you agree with our position, we would appreciate you supporting that variance. Sob's question about extension-the water line along Nottingham can be extended within the right-of-way. There's no blockage, It a building were proposed on the southern portion, the plat provides for a 19-fool utlity easement, basically backed up to the existing water line here along this property line, And we have a 25-foot utility easement from this line all the w?y up past the future building So, we could lie on to the existing water fire and extend water lines down the back and fire hydants along the back, if the church's master plan did change and they did propose i building at that spot. So, we're Irying not to lock ourselves in, but we realty don't feel like it's In the church's benerl to extend the water line at this time and put a fire hydrant in if we do the parking lot in this area. We also feet that R Isn't a benefcial public improvement of that point, either, So, we have a little bit of a Vierence with staff You'll have to choose, 1 guess If you ^ave any questions I'll be glad to try to answer those If not, Paul Poik with Denton Bible Church is here, and I know he wants to say a few words to you. Commissioner Engelbrechl Commissioners, questions? Mr. Powell Yes, i have one, but' don't know if there's any others here O ' Mr. Rrshel Go ahead please, Bob 16. ^'xFL } 32 X aaaa~rr s a Planning anet Zoning Commi s s ion Minutes September 23, 1998 Page 5 of 9 Mr Powell'. Mr. Edwards, you're saying that-I mean don't let me put words in your mouth, but I think you're saying that you don't want the condition that says L' sere will be a fire hydrant there later if you go the parking lot, Mr. Edwards: That's correct. Mc Powell: You're not saying for the building, if there was a building but just for the parking lot. I'm assuming-and boy, that gets me in trouble-that even parking lots need fire protection because of automobile fires and that kind of thing, and I will get to Mr. Reed later with that, but I have to also assume that you've thought about this or know something about iI, so help me out here Mr Edwards: Well, I'm not an expert on fire protection by any means. Basically. I have driven by a few car fires in , my time on this earth. Generally, these are electrical fires, and water is not the appropriate thing to put on them. I haven't seen, haven't heard tell of, you know, a full parking tot where you had a car fire with, you know, explosion going from car to car to car to car type thing. I don't see this as a particular hazard. I wouldn't be afraid to be walking down the sidewalk with a full parking lot there without afire hydrant. Generally, by the lime the Fire { Department responds with the foam and stuff that they have on hand for a car fire. I think that's the way that they would handle most or those particular instances. 1 don't know, Thal's a community decision, and you guys are going to have to do that, But, you know, as a citizen, as a civil engineer, you know, that's-there are certain risks / that we have to take when we go out on the streets and go out of our places of businesses and our homes, and that's one that I feel comfortable with That's one that you guys will have to decide whether you're comfortable with it or not. Mr. Powell Thank you Commissioner Engelbrecht: Any questions? Mr. Moreno. I have a question. You indicated that you spoke with the Fire Marshal about a different case. 1 guess my question Is-did you speak to the Fire Marshal about this particular situation? Mr Edwards. Yes, we spoke to the Fire Marshal about this particular one. In our discussion with the Fire Marshal, { they were concerned on whether they had the ordinances in place to require Are hydrants around the buildings; and basically, by the time we got through with our discussions, we did confirm that they did have in the Fire Code the ability to put on-site fire hydrants to protect the buildings-and then also with the conditions that we could a'tach to the plat that we had that element of protection. I guess as a matter or course, if d would help the administration of it, I know the City or Lawlsville requires that an variances be fisted on the face of the plat and Denlon Bible Church and myself, I'm sure surveyors don't have a problem with making a note that would refer to that variance so that future development, as the building official reviews the plat and Issues the permit, would at least have H. referenced on the { face of the plat to know to look for what the va lance conditions. i Mr Moreno Mr Chairman, I guess what I'm trying to reach at Is I'd like to know what the Fire Marshars position Is on whether a fire hydrant is required next to a parking tot and not just any parking lit but this specific parking lit. . . Mr. Edwards Yes, I think that at the time-we kind of ended our discussion, and we got the ' 'ormation on the stall report and we really didn't have, I didn't have a discussion with the Fire Marshal about the need for a fire hydrant ad;acent to a parking lot Commissioner Engelbrecht. Alt nghl, I think after the petitioner is finished or representative, we'll ask staff to comment on this particular issue. I don't know, David's here from the Engineering Department, and be may be able to give us some insight or Wayne can Okay. Other questions? Ms. Gourde I just want-do you know when this win be huh out of what the master plan's future Ideas towards this parking lot might be svaitable fa the church? • Mr Edwards. It kind of depends on their funds. It's, Paul can probably answer those j Ms Gourdie Okay Q Mr. Edwards _.a little bn Letter, but I think they have pretty much the funds available for The parking lot we have f shown here. I think the next phase is to build the activity center end then the parking lot. 1 think PaLi ; ve you better information on those time frames 17. 32 x I ❑ r e , ' o i i • i I Planning and Zoning Commission Minutes Seplember23,1998 - - Page 6of9 Ms. Gourdie, Great. Tri be appreciated. Thank you, Ctmmissioner Engelbrecht, Mr Rishel. y Mr. Rishel. Mr, Edwards, k's not our intention in P&Z to make the process any more difficult than it needs to be. hope that the Denton Fire Department won't wait for a community decision on how to put out the parking lot fire if there's a car that's on fire, and I know they won't. Your analogy regarding the Radisson which is, if I'm not mistaken, a stand pipe building and a fully sprinklered system because it's a multi-story building, so it's a totally different situation than what we have right here. I also am interested in what staffs recommendation Is, what they has-a done In talking to the Fire Department, because I want to see how they want to approach that situation. But ifs not our intention to make and require you to do things that are beyond what's log;cal to do in your on-going development. So. I want to rest assured on that. I would like to try to, as much as possible, work with analogies that pertain more to our piece of property, it we could. When you come in as an engineer, we appreciate that professionalism that you bring to the field and this particular expertise that you have. So, I'm going to reserve my further comment for what staff and the City have done to work with you to get this development accomplished. Commissioner Engelbrecht: Other questions for Mr. Edwards? Thank you Mr. Edwards. Thank you Commissioner Engelbrecht: Is there anyone else present who would like to speak to this issue? Yes. H you would give us your name and address, please Mr. Polk, My name is Paul Polk . The address Is 1910 East University here in Denton. Chairman and Commissioners, thank you for your time. Just to avoid redundancy, i won't repeat what Mr. Edwards has said as far as our requert and why we want that request My only purpose in being here now is to answer any questions of a personal nature that you may have regarding the workings of Denton Bible Church. I didn't exactly hear your question. Ms. Gourdle Sorry, The jay of being sick. I would like to know when your phase-is this a five-year project to do the bolom southern portion or is it a 10-year project? I'm just curious In my mind. Is this something that-I'm trying to formulate in my mind if this is something we should bring back in ten years instead of discussing N now; or if Irian have a quicker turn around, we understand Mr. Polk. We do not have a definite time frame for this project. As Mc Edwards has said, a lot of that Is based on funds-especially with a church, a lot of it is based on funds. N's also based on need, Right now our Parking situation is very desperate on Sunday mornings When we build our new building, which win be determh,ed by funds, the parking situation will probably increase, and we need it again. So, there's not a definite time frame an this It is basically based on need and money. Ms. Gourdie. Thank you Commissioner Engelbrecht Other questions for Mr. Polk? Thank you ' Mr. Polk. thank you. ' S Commissioner Engelbrecht Is there anyone arse present who would like to speak to this particular case? Anyone else present who would like to speak to this case? Mr Reed, that being the case, we'll ask staff to come back, Commissioner, do you have questions fur staff? Mr. Moreno Mr Moreno I want to know what the Fire Marshal says. Mr Reed Yes Lost Thursday, Greg Edwards, myself, Rick Jones phe Fire Marshiii John Gillette of the Fire Department all met to clarify this Issue. Basically, It boils down to Ihls--il you will snow me to refer to fire hydrants within the public right-of-way or within an area dedicated to the City or a public easement as a public fire hydrant and O , a fire hydrant that is located on private property as a private fire hydr.nl, I think I can clarify this. The Fire Code provides lot, In Chapter 29 of our Code of Ordinances, the authority for the Fire Department to require development to have private hydrants to service structures on the property. The Sribdivision Regulations, Chapter 34 of our Code of Ordinances, provides the authority for the City to require public fire hydrants. They serve two different functions A public fire hydrant will definitely serve sVuclures on the site that are within reach of A. end Fire Departments have 18. 32X 0 ' Planning and Zoning Commission Minutes 3eplember23, 1999 Page 7 of 9 certain hoses, I suppose, that reach so far. There are certain criteria to all of that. The private fire hydrant really serves, Is meant to serve, dust what's on that property. It's positioned and located to assist the Fire Department in , responding to a fire to that property. So, the Fire Department feels comfortable with this variance with the condition lnat I forwarded from that meeting. It was very clear to Rick Jones and John Gillette that this was the condition, and ` they felt c: mfortabie with that. Without the condition, no, they do not feel comfortable with the variance because they could not at any later time require the owner to Install a public fire hydrant. I would also like to point out that a public fire hydrant Is to protect the public's health, safety At this particular location. Nottingham will In the future be extended across the raitread tracks and will become a significant intersection. Also, there's the railroad just to the south of this property. A public fire hydrant located where I have indicai3d is more or less 300 feel from where the existing one Is situated at that Intersection. So, that fire hydrant is to service the property, but it also is to service anything else that happens nearby that Is within reach. Commissioner Engelbrecht: Mr. Powell Mr. Powell: Thank you. Do we normally expect the developer to pay for a public fire hydrant? Mr. Reed: Yes. f' Mr. Powell: Thank you Commissioner Engelbrecht, Ms. Gourdie? Ms. Gourdie Sure I was just wondering--le there any way that if they-when they do apply for a permit, this could come back? I mean, will they be able to cot, irk and apply for a variance in this case also, H fa some case in five years down the road ifs a different PAZ, it's a different whatever, a different philosophy of building. Would they be able to come forward and try to do a variance on that building permit Ih:' you're putting a condition on? Mr Reed. A variance from the building permit? They coutd come back and, . Ms. Gourdie. Well, a variance from the water line that you're requl ring as a condition. Mr, Reed They could apply, I suppose, as many times as Ihev d like Ms. Gourdie. Okay. So, it's not like this is it, They con-they have options, Mr. Reed. They can continue Ms. Gourdie Is there a filing fee for vanances? Mr. Reed Yes, there is. Ms. Gourdie, Okay. Thank you. Thank you Mr. Reed You're welcome, Commissioner Engelbrecht Any other questions, Commissioners? We're talking bringing the walerlime 300 lest? Mc Reed. Three hundred feet. t Commissioner Engelbrecht. And then installing the Ire hydrant Mr Reed Correll i Commissioner Engelbrecht. And I'm assuming that at the-end I don't know if IhJS is wrecl or not-but In the event - , that they do extend the water tine, would that be something the CRy would want to participate in over-sizing that line down [here, or is that not an Interest [o them, Okay, it's not. I can see 'no* from the Engineering staff Do we have o ` • an Idea what we're talking in terms of rough cost to extend the water line 300 feet? Mc Reed Rough cost would be $15,000; the fire hydrant $2,500. Again, that's very rough. Commissioner Engelbrecht Right, Okay 14. rii 4, A~ 1 A :.,ate 1 Planning and Zoning Commission Minutes t September 23,1998 Page 8 of 9 I Mr, PowelP. That's not-that's only 5f and 'until' the southern half of this is developed. That would be that far southern parking lot. That's not now. Mr. Reed. That is correct. That would be at the time of the exlension of the water line and the installation of the fire li ' + hydrant I Mr. Powell Thank you I Commissioner EngeObrecht Olher questions. Okay. Thank you, Mr, Reed. Appreciate tt. Commissioners, any comments or a motion? Mr. Moreno. I'm not going to try to out-guess the Fire Marshal Mr. Donaldson If I Could add one thing, The agenda wording for item 7(c) is actually in errcr. Rather than 'consider making a recommendation to the City Council; you have the authority to approve preliminary plats; so, the wordlno should be 'consider approval of the preliminary plat.' Mr. Reed. If I may insert the motion in the start report is correct The agenda wording was Incorrect, so d you read the motion for 7(c) on the agenda, it is correct. Mr. Powell. At this stage of the game, we're only doing 7{11 i Commissioner Engelbrecht. Yes. It would be 7(a), which is, In that case, a variance concerning the water lines, Mr. PowePi III may, I'll make the motion. I move we recommend approval of the variance horn Section 34-116(e) for Lot 2, Block A of the Denton Bible Church Addition finding that the public hearth, safety. and welfare will not be jeopardized and subject to the following condition. no building or parking lot permit shall be issued for the construction of any structures or parking lot on the southern 138 acres of the svbject lot until the existing water line is extended south along Nottingham Drive, a minimum of 300 feet Io provide adequate fire protection in accordance with Section 34-116(e) of the Code of Ordinances, Mr Moreno: Second Commissioner Engetbrecht. There's a motion and a second Any discussion on the motion? i Ms. Gourdie. I just want them to know that we have an opportunity to comeback with a variance, so that dthings change, at least there's an opportunity to Aush this out the wily y'atl want d to go, hopefully, next Gme round. But I think for now, this is totally reasonable, I think yell get part of it. It's a compromise, and we Carl go horn them, So. I agree with what we've requested. Commissioner Engelbrecht Any other comments or discussion? All in favor of the motion, please raise your right hand Motion carried unanimously. (5 - 0) Commissioner Engeibrechl: That leads us to item (b) which Is considering the variance on the Are hydrants Commissioners, do we have a motion? Mr. Moreno. Mr Chair, I move to recommend approval of the variance from Section 34.116(e) for Lot 2, Block A of the Denlon Bible Church Addition finding that the public health, s.fety, and welfare will not be jeopardized and subject to lie foltowing Condition. no building or parking lot permit should be Issued for the construction of any structures or parking lot on the southern 1,78 acres of the subject lot until an additional fire hydrant is Installed Wong Nottingham Drive at a distance of no more than 300 feet from the existing one kxaled on the subject lot to provide adequate fire protection in accordance with Section 34.116(e) of the Cods of Ordinance, 4 Commisslnc+.r. Enge!brecht. Is there a Second? Ms Gourdie Second a Commissioner Engelbrecht It's been moved and seconded to approve the, . Mr. Reed May 1-1'm sorry The staff report says'e"; that's actually subsection 'c' t do apologize. 20. Ai4l Ir~~ .3zxlCl 9 0 ,aeaera ' I i - i I I Planning and Zoning Commission Minutes Seplember 23.1998 Page 9 of 9 l Mr. Powell: Is that on 7(a) also? . Mc Reed, No. Seven (a) is 'a' and this is'c V. Very sorry Y Commissioner Engerbrecht. It's correct in the agenda. It was incorrect in the motion. Thank you, Mr. Reed. M: Moreno, do you want to change your-modify your motion? Mc Moreno. May I modify the motion Just to say that the correct section Is Section 34.116(c) rather than (e). Ms. Gourdie: Second that. - - Commissioner Engelbrecht Any discussion or comment on the motion? All in favor, please raise your right hand. Motion Carries unanimously. (5 - 0) Commissioner Engelbrecht. That moves us to item 7(c), which Is consider approval or the preliminary plat of Lot 2, Block A of the Denton Bible Addition. Commissioners, any comments or a notion? Don t all speak at once. Mr Powellr Mr Chairman, I move to approve" preliminary plat of tot 2, BlockA of the Denton Bible Church Adddion conditioned upon approval by the City Council of the variances from Section 34116(c) and Section 34- 118(rl) of the Code of Ordinances Ms. Gourdie, Second. Commissioner Engelbrechk Moved and seconded to approve Any discussion on the nation? All In favor, please raise your right hand. Motion carries unanimously. (5-0) That moves us to-Mr. Edwards, did you want to make a comment? Mr. Edwards If I might have a few minutes of your time for a little bR of clarification, I appreciate the time that you spent on this. We did talk about adding a note Id the final plat. In your motions, nobody said anything about that so I'm assuming that chat is not a necessary thing to facilitate the administration of this. Does anybody feel strongly end would like to see that, we don't have a problem with doing that. - Mr Powell: Mr. Edwards, staff has said that they can handle it without that, so I don't' see any problem. Mr. Edwards Thank you Commissioner Engebriii Thank you. Ms Gourdie Is that okay? Mr. Reed I'm sorry Ms. Gourdie: He wanted to-Wayne wanted to note it on the final plat. You want ii noted on k? Mr. Read Yes, i Mr Donaldson We never do that May,W we should change policy then. • Commissioner Engelbrecht. Well, we'll leave d to staff to determine 4 they need to change policy or would like to change policy We'll let you all talk that over, Mr. Reed If we do decide to do that with this variance, the final plat does goes I, me ORC, the Development Review Committee I'm the case manager, so I can make 'us note of that al that time. Commissioner Engelbrecht. All right. Thank you. r of ~ o • KQ0923981tem? doe r o i 21, ~lij I' 25 32x~❑ o I ATTACHMENT 3 Memorandum To: Wayne Reed, Planner ! From ~Aick Jones, Fire Marshal ' Date: ' litemben 30, 1998 Subject: Variance request to 34.116(c), Fire Hydrants Mr. Rud, In refers ce to our meeting on September 29, 19981 have the following information. The Denton Fire Department is in support of the recommended approval for the variance as stated by the Planning and Zoning Commission on September 23, 1998. During our-meeting Mr. Edwards presented three concen.a with the recommended variance. • Why would a hydrant be needed for a parking lot? • Is a fire nydrant needed for buildings across the railroad? • Cost of water line and hydra"t t A hydrant is required along a public roadway every three hundred feet. This is to insure reasonable fire safety for the public. Mr. Edwards had stated that on-site hydrants could give proper fire protection. This is true to a ceruin extent On-site hydrants are designed for a particular buildin 1 not for public usage. Public rite hydrants serve more than just the structures built near its p:acement. For instance, if a hazardous materials accident occurs at Nottingham Dive and Mingo Road, this additional hydrant , ould be needed in abating that incident. If & car fire was to occur in the proposed parking lot and it involved more than one vehicle a street side hydrant would be utilized. the cost of the water line extension and hydrant can appear to be extensive when developing a certain property, Traditionally the City of Denton has placed this burden upon the property developer. Without these requirements public safety could be compromi,ed. It it for this reason that we are in agreeme it thr lot 2, Block A of Denton BiVe Church Addition receives a vanance from the Tire hydrant requirement An existing public hydrant along Nottingham ?hive will protect the proposed Junior H.gh Building and applicable parki rig. Also an on-site hydrant exists for the proposed Junior High Building. The hydrant located at Nottingham Drive and Mingo woulJ not be used to abate hazards on the south side of the railroad. However, if a hazardous materials incident or train derailment n wet a to occur on the railroad in this area" hydrant would be of vita significance in rescue and ' hazard abatement activities on the north side of the track It is for these reasons that the Denton Fire Department is oA>osed to allowing a variance from the f re hydrant requiremen to the southen, 1.78 acres of tv,e subject lot. If the developer would prefer to IL,cale Cie propo, ed hydrant on the east side of Nottingham Dnve Road that would be acceptable to the Fire Impartment. If you shouls nave any questions please do not hesitate to call, 349-8115, i Your. in the interest of fire stfery JV 21, 10 32xio 0 1 l Agenda No Agmda Item ~~~D 0at.._/0 o7D-90w AGENDA INFORMATION SHEET AGENDA DATE: October 20, 1998 DEPARTMENT: Finance ACM: Kathy Dubose Q SUBJECT - A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM UNRESERVED FUND BALANCE OF THE ELECTRIC FUND WITH CERTIFICATES OF OBLIGATION BONDS; AND PROVIDING AN EFFECTIVE DATE i BACKGROUND • The Communications Department is requesting a reimbursement resolution to borrow 550,000 from unreserved fund balances of the EIxtric Fund. The 1 funds will be used to upgrade the Spercer telephone switch by December 1998, which is to accommodate the move of the Electric Metering and Distribution Divisions to the Spencer complex. Legislation provides for designation of project expenditures prior to a bond sale as reimbursable by bond proceeds. The attached resolution allows the utilization of 350,000 of the Electric Fund unreserved fund balance to be reimbursed with proceeds from cl.e sale of Certificates of Obligations anticipated to be sold in the Spring of 1999. The approval of this resolution allows the telephone switch upgrade to occur now, yet does not require early issuance of debt. FISCAL INFOMMIATION • $50,000 from the Electric Fur.d unreserved fund balance will be reimbursed upon issuance of Ccrtirtcate of Obligations. 1 Respectfully Submitted: Kristin Newman Assistant Director of Management and Budget t ~x , -11 JI ` tws*s % > ~ r ' d Ae~ ~ . N..N J nw ♦wn~n..w a .n..i.w.M., ~J!N^dMK.X. MY"MyVYq[FG p{yb~tAr'Y}M' r "•M1 "^`V k ~ 4 1 ~ 1 J 2 yy ~ .V CIrYOFDENTON. TEXAS V " MEMORANDUM Y TO: Jon Fortune, Director Management and Budget 1a It 1 FROM: Ear! Crews, Director Utilities Financial /Adman Services' DATE; September 30, 1998 SUBJECT: Reimbursement Resolution for Communications Fund The Communications fund needs a reimbursement resolution to borrow $50,000 of Electric fund balance to accomplish a telephone upgrade project by December, 1998. The Spencer telephone switch needs to be upgraded by that date to accommodate the scheduled move of the Electric Metering and Distribution functions to the Spencer complex, Communications will not havr bond funds to accomplish C this telephone system upgrade until new bonds are sold in the spring of 1999, A detailed breakout of individual project cost items is attached. The Communications fund will reimburse the Electric fund whin Communications receives the proceeds from the scheduled bond sale, 1 i 1 r r • 1 Yl , ' a y, r C s Copies: Sharon Mays + Glenn Fisher"- 1 f R 1 Y J. ~ Y Y finance\bud\W reimbursement resolution•cammmications.doc i \ "in,! a rn11o tNalily ,Gn'Ke" 1 ',.~u: 1 7~ `"~l{;~! 7eT X ,+,~I~,~a ~Fa 1 r 1: , i Was" .._..»,......a,.,, .a.wn..e.r., -nre,.«M,rco.vnm ~ ~yy.,., Spencer I 1 Option 51C Upgrade Package $8,067.07 5460.80 $8,527,87 y' 1 68060'64MB Call Processor $5,799.21 $331.20 $6,129.41 v 3 2 Port SDI/lO to DTEWE Cable $189,07 51010 S199,87 3 MSDLCard 52,268,56 $129.60 $2,398.46 1 Digital Line Cud $1,764.67 $100.80 $1,865,47 1 Analog Line Cud $1,764.67 1W.60 51,865,47 2 Digitone Receiver Card 52,52046 5144.00 $2,664.96 1 Dual Port Dn?RI Package $6,05030 $345.60 $6,395,90 1 Ring Generator $857.13 548.96 5906.09 2 DDP to Clock Cable 5106.44 KOS $112.52 I Network to Controller Cable 570.03 54.00 $74.03 ` 1 DDP to MSDL Cable $141.45 $8.08 $149.57 _ 1 MFA150Power Ally 53,226.83 $184.32 $3,411,15 1 Meridian R23 Base Software $3,021,15 $172.80 $3,197,95 1 RTUlNetworkingSW $630.24 SX00 $666.24 I RTV/lSDNNetworking $1,134.43 564.80 $1,199.23 I RTIJlPrivateISDNNetworking $252,10 $14.40 $266.50 I RTU/Network MSG Service SW $354.61 $31.68 $586.29 2 Software Transaction Fee 51,820.69 $104.00 $1,924.69 2 Basic Ia•House Conversion 5280.11 $1600 5296.11 2 C5U S/A T•Serv 11 $1,897.86 5108,18 $2,002.04 2 Cable 25' RJ48(M) tODA15S(F) $204.06 511.66 $215.71 I Power Supply 24VDC Wallmount 590.07 $5.14 595.11 Sub-Total 542,710.97 $2,439.70 $45,150.67 Equipmeal 541,1119.97 Worronly $2,439.70 GTE Inslall alion $5,207.#4 FrelghOllnor Materials $2,04933 Subtotal $52,407.52 f Discount(S%) S2,¢20,34 Grand Total $49,787.14 1 t .M.' 3 r . r r , rl , i e ~ I ' r ~a - 10 Io -POW 0 RESOLUTION NO. A RESOLUTION TO DECLARE THE MITENT TO REIMBURSE EXPENDITURES FROM UNRESERVED FUND BALANCE OF THE ELECTRIC FUND WITH CERTIFICATE OF OBLIGATION BONDS; AND PROVIDING AN EFFECTIVE DATE. k WHEREAS, the City of Denton (the 'issuer') is a municipal corporation/political subdivision of the State of Texas; and WHEREAS, the Issuer expects to pay expenditures in connection with the upgrade of the Spencer telephone switch to accommodate the move of Electric Distribution and Metering Divisions to the Spencer complex described in Exhibit "A" attached hereto (the "Project'), which Exhibit "A" is attached hereto and made a part of this resolution for all purposes, prior to 1 the issuance of obligations to finance the Project; and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 Treasury ReguiRtions, to reimburse itself for such payments at such tone as it issues the obligations to finance the Project; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1: That the Issuer reasonably expects to incur debt, as one or more series of obligations, with an aggregate maximum principal amount equal to $50,000 for the purpose of paying the costs ufthe Project, as set forth in the attached Exb bit "A". SECTION II: That all costs to be reimbursed pursuant hereto will be design and capital expenditures. No tar-exempt obligations will be issued by the Issuer in furtherance of this ! resolution after a date which is later than 18 months after the Inter of (1) the date the expenditures are paid, or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. SECTION 111: That the foregoing notwithstanding, no tax-°°empt obligation will be issued pursuant to this resolution more than three years after the date any expenditure which is to be reimbursed is paid. SECTION IV: That this resolution shall become effective immediately upon its passage and approval. r PASSED AND APPROVED this the day of _ 1998 0 JACK MILLER, MAYOR ~ • 1 32XIO ~ e i snraa _ . Z 1 M1 ' I i , ATTEST: JENNIFER WALTERS, CITY SECRETARY i BY: APPROVED AS TO LEGAL FOMI: HERBERT L. PROUTY, CITY ATTORNEY BY: r~sw,woncrnto~wrn~,.,..~a.oi.n~vrr,~a..~,~~r.b,wi.vea»sva.ex I `i i S is - t Page 2 2.5 o' 32X 0 t, VMS= M1K 6 ll t tea,. sn c. "a ` .n N+.9'M•RMiH/H+.: r::MR[mIwMM1 EXHIBIT A PROJECT: Upgrade of Spencer telephone switch to accommodate the move of the Electric Metering and Distribution Divisions to the Spencer complex. f TOTAL: $50,000 I t i l i l I I f r ~ i r I•U.. r { I i~t, 41 rot r~,~:, 2.iX1 n 32x1 ❑ s 0 i . .:e A ..r h'X4/, •r, X..~ .4...wv a n+:m...♦M. .y. . r ' - Apeada No _ ~:V Agenda item- Dale__f~ ~Q AGENDA INFORMATION SHEET AGF,NDA DATE: Oclober 20, 1996 DEPARTMENT: Finance Administration AC11: Kathy DuBose SUBJECT A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FOR PUBLIC SAFETY EQUIPMENT (A QUINT AND A SNORKEL) WITH CERTIFICATES OF OBLIGATION AND PROVIDING AN EFFECTIVE DATE. BACKGROUND The City of Denton is currently in need of capital funding for a Quint and a Snorkel for the Fire Department. Although a bond sale is scheduled for the spring of IW9, funds are needed prior to that sato, Legislation now includes a provision for designation of expenditures prior to a bond sale as reimbursable by bond proceeds. This "reimbursement resolution" allows the utilization of S 1,171,093 of the Motorpool Fund Balance to be reimbursed with proceeds from the bond sale scheduled for the spring of 1999. The approval of this resolution will allow the equipment to be purchased, yet does not require early issuance ordcbt. FISCAL, IMPACT The resolution will allow $1,171,093 of the 1999 bond sale to be experi earlier than scheduled, r • Respectfully submitted: i Kathy DuSo c Assistant City Manager o: Finance s .1 e l4{~. hc' 3 2x0 0 RESOLUTION NO, A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FOR PUBLIC SAFETY EQUIPMENT (A QUINT AND A SNORKEL) WITH CERTIFICATES OF OBLIGATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton (the "Issuer') is a municipal cotporationJpolitical subdivision of the State of Texas; and WHEREAS, the Issuer expects to pay expenditures in connection with the purchase of Cie equipment described in Exhibit "A" hereto (the "Equipment'), which Exhibit "A" is attached hereto and made a part of this resolution for all purposes, prior to the issuance of obligations to finance the purchase of public safety equipment (a quint and a snorkel); and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be apprcpriate and consistent with the 1%wful objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the provisions of Section 1150.2 Treasury Regulations, to reimburse itself for such payments at such time as it issues the obligations to finance the Equipment; NOW, THERECORE, THE COUNCIL OF TILE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION I. That the Issuer reasonably expects to incur debt, as one or more series of obligations, with an aggregate maximum princip a amount equal to SJ,171,093 for the purpose of paying the costs of the Equipment, as set forth in the attached Exhibit "A." SECTION II, That all costs to be reimbursed pursuant hereto will be capital expenditures. No tax-exempt obligations will be issued by the Issuer in furtherance of this resolution after a date which is later than 18 months after the later of (1) the date the expenditures are paid, or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. SECTION III. That the foregoing notwithstanding, no tax-exempt obligation will be 4 issued pursuant to this resolution more than three years after the date any expenditure which is to be reimbursed is paid. SECTION IV. That this resolution sha I become effective immediately upon its passage and approval PASSED AND APPROVED this the day of, .1998. 0 JACK MILLER, MAYOP I G O.; 4 25 kk 10 32X El i 0 ~ I S 1R fy I II ~ I I I~ ATTEST: JENNIFER WALTERS, CITY SECRETARY j r ; B 1: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY r BY: II I~ V ~lwfdT'LOL`Ov ~ulmlullm\" aimAWMmIM. pblk Mfoy piop 4x 1 . r .h r • ~ , 1 I k i 1. i Ook/ .1 I I s yo w,. , s yo F., K 32x1[1 • s v~> t t .aus.ra+ EXHIBIT A f Purchase Public Safety Equipment $682,030.00 For a Snorkel: E-One L 105 full tilt extruded aluminum cab, tandem axle, extruded aluminum body, alualnum aerial platform. $489,063.00 For a Quint: E One HP73 full tilt extruded aluminum cab, single axle, extruded aluminum body, aluminum serial ladder. Total $1,171,093.00 ~1r t, . i e~1 r 5 . 11 J ~ V ,ql E - ;A Ia 32X ICf 2 .5 ...ereae I 9 Agenda No _..~G Apanda llem_ Date _ AGENDA INFORMATION SHEET AGENDA DATE: October 20, 1998 Fr questions contact Diana Ortiz at 349.8224 DEPARTMENT: Finance Adminktration ACM: Kathy DuBose, 349.8228 SUBJECT A RESOLUTION NOMINATING MEMBERS TO THE APPRAISAL REVIEW BOARD OF THE DENTON CENTRAL APPRAISAL. DISTRICT; AND DECLARING AN EFFECTIVE DATE. PACKGROSINU As you are rware, the Appraisal Review Board hears all appeals that are presented to the Appraise! District during the months of May through July and throughout the rest of the year as app als are requested. Since this is a very time consuming process during May through July, the individual who serves on the board should be available fuil-time duw9ng these months. Members of the Appraisal Review Board serve two-year terms. Though f the Appraisal Review Beard members are nominated by taring jwisdictions they are appointed by the Appraisal District Board of Directors. Nominations are due to the Appraisal District by October 31, 1998. The Board of Directors is scheduled to make their selection during their November meeting. 1 have also attached information from the Appraisal District corceming the qualifications appointment, and compensation .f members of the Appraisal Review Board. Attached is a list of current Appraisal Review Board members, and their terms. UOR AK;TION/REVIEW (Council, Boards, Commissions) 0 Not applicable. FISCAL INFORMATION There is n i direct fiscal impact, l Respectfully submitted: a Is O. Ortiz Director of Fiscal Operations 1 i 4 il,r1, 32 x o • 0 i RESOLUTION NO, A RESOLUTION NOMINATING MEMBERS TO THE APPRAISAL REVIEW BOARD OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the term of office for various Appraisal Revicw Board members of the Denton Central Appraisal District will expire on December 31,1999; and WHEREAS, the City of Denton, Texas wishes to nominate members to said Board; NOW, THEREFORE, THE COUNCIL Of THE CITY OF DENTON,'TEXAS HEREBY RESOLVES SECTIQ~I1. That the city of Denton, 'ievas hereby nominates , and as members to the Appraisal Review Board_of the Ds nton Central Appraisal District. SICTION 11. Thr: this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _ day of 1993. JACK MILLER, MAYOR 1 ATTEST: JEWi 1FL•R WALTERS, CITY SECRETARY j k i• + BY. APPROVED AS TO LEGAL FORM'. 1 • HERBERT L. PRVIJn CITY ATTORNEY BY: I,},.dbp'L0L'0.r WunMrRa bnm..aFNUMIN,1iiM V{I~AIVICW'60MDdm F k 2 2r x 'Q 32Xq O BAN" 0 1 i J i APPRAISAL REVIEW BOARD uglification. Anpoimment and Compensation ' Who Can Sen-e'' To serve on the ARB, you must have lived in the appraisal district for at least two years before taking office. You don't need any special qualifications, but you may not serve on the board if you are, A former member of the governurg body, officer or employee of a taxing unit or a former director, officer or employee of the appraisal district will be ineligible to serve on the Appraisal Review Board in counties with a population exceeding 300,000. You also may not serve as an ARB member if you are closely related to a person who operates for compensation as a tax agent or is in the business of appraising property for property tax purposes in the appraisal district. Relatives barred are those within the second degree of consanguinity or affinity . if you knowingly violate this provision, you commit a class B misdemeanor. This provision took effect September 1, 1989, and applies only to ARB members seeing terms that began after that date. The law also bars from ARB scrice members who contract with the appraisal district or with a taring unit in the appraisal district. The bar applies if the member or a business entity in which the member has a substantial interest contracts with the appraisal district or a taxing unit that participates in the appraisal disuict. Likewise, the same taxing units and the appraisal district are each prohibited from contracting with an ARB member or a business entity in which an ARB member has a substantial interest. Substantial interest is defined as either: 1 Combined ownership by the member or the member's spouse of at least 10 percent of the voting stock or shares of the business. ~ j 2. acr-,ice by the member or the member's spouse as a partner, limited partner or officer in the business entity. Yo) may also not see a if you hold some other paid public office. The Texas • Co:isntution does not allow a person to hold more than one paid public office. O , J 1 3 I - 1 o 1 f' r.t 1 S. B. 10 17 requires the Comptroller to approve curricula. provide materials and supervise a course for training ARB members. The Comptroller shall issue certificates indicating course completion. A31 ARB members must complete the course or may, not participate in.kRB hearings. The bill also prohibits former appraisal district and I-xing unit " employees, CAD board members and members if taxing units' governing bodies from serving on the ARB in that CAD. (Effective September 1, 1997) ARB Terms and Size Members serve two-year staggered terms; approximately half the member's terms expire each year. Terms begin January L The appraisal district directors appoint ARB members by a majority vote and record their decision in a resolution. Terms are limited based on the size of the population in the county served by the appraisal district. A person in an appraisal district serving a county with a population of more chart : 00,000 may not serve more than all or part of three terms on the ARB, After completing the third term, the person may never serve on the ARB again. &RB Compensation The ARB receives a S50.00 minimum for a half day and S 12.59 an hour for any, hours worked after the S50,00 minimum. The maximum pay is capped at S100.00 per day. ARB tilee in ARB regular meetings are the third Wednesday of each month at 9:00 A.M. ARB reappraisal hearings will start on a daily basis, as needed, from late May until .he appraisal roll is approved usually in late July. Meetings will normally be from 9:00 AA to 5:00 P. I. Effective Janum I, 1998. ARB's must provide hearing times in the evening srtd on a Saturday or Sunday. 1 f f~ J 5 ~y * i I 1 y X KAMM s 0 1998 APPRAISAL REVIEW BOARD Ori ginal Term -Jan 1996 Term Expires 12131/99 N.W. SPROWLS 617 Pine Bluff Lewisville, Texas 75067 Original Term - Jan 1997 Term Expires 12/31/98 TOM BARKER 626 Reno Lewisville, Texas 15067 Original Term - Jan 1995 Term Expires 12/31/98 ROLAND LANEY 2508 Robinwood Lane Denton, Texas 76202 Original Term-Jan 1998 Term Expires 12/31/99 BARRY 0. KING 1908 Westtidge Denton, Texas 76205 Original Term - Jan 1998 Term Expires 12/31199 LARRY T. WILSON 205 Old Alton Dr. Denton, Texas 76205 Original Term - Jan 199.1 Term Expires 12/3"8 WALLACE BATEY Rt. 2 Box 525 Denton, Texas 76201 Original Term-Jan 1993 'term Expires 12131/98 CLIFFORD BOND P.O. Box 626 Justin, Texas 76247.0626 • Original Term -Jan 1996 Term Expires 12131199 J.A. HINSLEY 512 W. Hickory, Ste 211 h Denton, Texas 76201 original Term -Jan 1998 Term Expires 11131/99 ' • PATSY L. MONCRIEF • • , 1022 W. Stroder Road Justin, Texas 76247 5 r" 10 .,Y ~waa 25 32 0 1 Aprnda Nu Apcnda Item___ AGENDA INFORMATION SHEET Date _ l~ =G i AGENDA DATE: October 20, 1998 f)EPARTMENT: Economic Development ACM: Kathy Du Bose, ACM • Financ S BU 1ECT Consider an ordinance authorizing the City Manager to execute an airport lease agreement between the City of Denton and Jim Osborne to lease certain premises of the Municipal Airport for the purpose of constructing and maintaining office and hangar facilities thereon; and providing an effective dale. BACKGROUND Mr. Jim Osborne wishes to lease 8,800 square feet of land at the Denton Municipal Airport and intends to construct a hang-.r and office facility with approximately 2,500 square feet for the purpose of housing personal aircraft. The terms of the lease will obligate Mr. Osborne to construct a hangar facility with 2,500 square feel and connect to City sewer lines within six months of completion of the sewer line. To encourage the development of this area of the Denton Airport, a discount of S.D6 per square foot is incorporated bringing the lease tale to 50.06 per square fool per year for the first five years, The discounted rate will be recouped In the later part of the term through an increased lease rate in last 15 years of the lease, Staff and Members of the Airport Advisory Board agree that this is an acceptable incentive i,)r encor+reging Airport development, ESTIMATED SCHEDULE OF PROJECI T'lie lease would become effective October 15, 1998 and continue through the 14'h day of • October 2028 (30 years). The lease also provides for two successive renewal terms of ten S years each, MORACfION r/EC VIEW T he Airport Advisory Board recommends approval of the lease. r h t X 32X10 w; I 41 tl • C ; ~ y. 1 - .s mom" r I I; ' I I FISCAL INFORMATION ! y ' The lease rate for this property is $0.12 per square foot. The lease provides for a discount of $.06 per square foot for the first five years or a total of $.06 cents per equare foot for a yearly rental rate of $528 for years 1998 to 2003. Year 2003 to 2013 lease k payments will be S1,056 per year. Year 2013 to 2028, lease payments will be $1,232 per year. EXHIBIT r• Ordinance Lease Agreement r~ . Respectfully submitted: 1f?'~'~2Lfd! ~ ~ r Linda Ratliff, Director Economic Development Depar:.l ient Prepared by: Mark Nelson Airport Manager , ,M L r ~°I' ~ ~`r ® 1 f I ^ j I, li I 11 1~ r r' ~ i. ! I l 1. 4 t f 1 J II ` f , I P Y '.1 p Y, ~ TII ~ I 't t h J 1. 16 - I rrr.. r, A s Y, 32X 10 KI,IfA'Y0.1Wr41I'la p..wsnalr~~:RAN.+~N~v _ ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTI? AN AIRPORT LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND JIM OSBORNE TO LEASE CERTAIN PREMISES OF TIIE MUNICIPAL AIRPORT FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING OFFICE AND HANGAR FACILITIES THEREON; AND PROVIDING AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Manager is authorized to execute an airport lease agreement , between the City of Denton, Texas and Jim Osborne, to lease certain premises of the Municipal Airport for the purposes of and constructing and maintaining a office and hangar facilities thereon, under the terms and conditions contained within this Agreement, which is attached hereto and made a part hereof. S - TION I. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _ day of _ 1998. JACK MILLER, MAYOR i ATTEST: JENNIFER WALTERS, CITY SECRETARY } BY: - l APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CI'hY ATTORNEY 3 10 2 x 32XI C! Moo 0 1 n , ' MMMI' AIRPORT LEASE AGREEMENT COMMERCIAL OPERATOR THE STATE OF TEXAS I § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON 5 This lease is made and executed this day of 1998, at Denton, Texas, by and between the City of Denton, Texas, a f municipal corporation, hereinafter referred to as "Lessor", and Jim Osborne, having his principal offices at 1912 Vintage Drive, Corinth, Texas 76205, hereinafter referred to as "Lessee". WITHESSETHo WHEREAS, Lessor now owns, controls and operates the Municipal Airport (Airport) in the City of Denton, County of Denton, State of Texasr and WHEREAS, Lessee desires to lease certain premises on said airport and construct and maintain an aircraft hangar and related aviation facilities thereon; and NOW, THEREFORE, for and in consideration of the promises and the mutual covenants contained in this Agreement, the parties agree as follows: I. CONDITIONS OF AGREEMENT NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY HEREINAFTER CONTAINED, THE LANGUAGE IN PARAGRAPHS A THROUGH D OF THIS SECTION SHALL BE BINDING. A. PRINCIPLES OF OPERATIONS. The right to conduct 1 aeronautical activities or furnishing services to the public is granted to Lessee subject to Lessee agreeing: 1. To furnish said services on a fair, equal and- not • unjustly discriminatory basis to all users thereof; and 2. To charge fair, reasonable and not unjustly discriminatory prices for each unit or service; provided, that Lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. 0 e. NON-DISCRIMINATION: Lessee, for himself, his personal 0 representatives, successors and interests, and assigns, as a part u of the consideration hereof, does hereby covenant and agree as a covenant running wits. the land that: 1. No person on the grounds of race, religion, color, sex, or national origin shall be excluded from participation d ` I I 10 32XIO Vim C) K. a. 1 i Q 11 ~tl47YR'Nl in, denied tYe benefits of, or be otherwise subjected to discrimination in the use of seid facilities; 2. In the construction of any improvements on, over, or under such land and the furnishings of services thereon, no person on the grounds of race, religion, color, sex., j { or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; 3. Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part ` 21, Nondiscrimination in Federally assisted programs of j the Department of Transportation - Effectual of Title VI of the Civil Rights Act of 1954, as said Regulations may be amended. C. RIGHT OF INDIVIDUALS TO MAINTAIN AIRCRAFT. It is clearly understood by Lessee that no right or privilege has been granted which would operate to prevent any person, firm or corporation operating aircraft on the airport from performing any services on its own aircraft with its own regular employees (including, but not limited to, maintenance and repair) that it may choose to perform. D. NON-EXCLUSIVE RIGHT. It is understood and agreed that nothing herein containe shall be construed to grant or authorize the granting of an exclusive right within the meaning of Title 49 U.S.C. Appendix 51349, E. PUBLIC AREAS. 11 Lessor reserves the right to further develop or improve the landing area of the airport as it sees fit, regardless of the desires or views of Lessee, and without interference or hindrance. 2. Lessor shall be obligated to maintain and keep in repair the landing area of the airport and all publicly owned facilities of the airport, together with the right to direct and control all activities of Lessee in this regard. 3. During time of war or national emergency, Lessor shall have the right to lease the landing area or any part thereof to the United States Government for military or , naval use, and, if such lease is executed, the provisions 0 of this instrument insofar as they are inconsistent with the provisions of the lease to Lhe Government, shall be suspended. I 5 32 x 1 , e 0 i 4. Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the airport against obstruction, together with the right to prevent Lessee from erecting, or permitting to be erected, any building or other structure on or adjacent to the airport which, in the opinion of Lessor, would limit the usefulness or safety of the airport or constitute a hazard to aircraft or to aircraft navigation. 5. This Lease shall be subordinate to the provisions of any existing or future agreement between Lessor and the United States or agency thereof, relative to the operation or maintenance of the airport. r" II. LEASED PREMISES Lessor, for and in consideration of the covenants and agree- ments herein contained, to be kept by Lessee, does hereby demise and lease unto Lessee, and Lessee does hereby hire and take from Lessor, the following described land situated in Denton County, Texas: A. LAND: A tract of land, being approximately 8,80E seuare feet, or 0.202 acres, drawn and outlined on Attachment "A", and legally described in Attachment "B", such attachments being incorporated herein by referent Together with the right of ingress and egress to said property; and the right in common with others so authorized of passage upon the Airport property generally, subject to reasonable regulations by the City of Denton and such rights shall extend to Lessee's employees, passengers, patrons and invitees. For purposes of this agreement, the term "Premises" shall mean all property located within the metes and bounds described and i-lentified within Attachment "B", including leasehold improvements constructed by the Lessee, but not including certain easements or property owned 1 and/or controlled by the Lessor, B. IMPROVEMENTS PROVIDED BY LESSOR: NONE: There will be no improvements provided by Lessor, except as set forth in Article II,E. "Access to Utilities" below. For the purpose of this Agreement, the term "Lessor improve- ments" shall moan those things on the leased premises belonging to, constructed by, or to be constructed by Lessor, which enhances or increases, or will enhance or increase, the value or quality of the leased land or property. Unless otherwise noted herein, all Lessor improvements are and will remain the property of Lessor. All j j Lessor improvements must be described in detail above, or above referenced and attached to this Agreement in an exhibit approved by Lessor, 6 F 25.10 32 la e C ~ C. IMPROVEMENTS PROVIDED BY LESSEE. On Lot 3, Lessee shall construct a hangar an office facility not less than 2,500 square feet with taxiway access and appropriate culverts as required by City ordinances in the utility right of way south of the proposed hangar and north of the Taxiway (Lockheed) as well as other improvements as shown on the site plan attached hereto and made a part hereof for all purposes and identified as Attachment "C.1 D. EASEMENTS. Lessor and Lessee by mutual agreement may establish, on t e lease premises, easements for public access on roads and taxiways, E. ACCESS TO UTILITIES. Lessor represents that there are water an 3-p Ease a ectr c ty lines within three hundred feet (30010 of the leased premises available to "tap-in" by Lessee, and i that the same are sufficient for usual and customary service cn the leased premises. Lessor shall make required sewer lines available to Lessee within twelve months (12) from the effective date of this agreement. Sewer lines will be within one hundred (100) feet of the leased premises. Lessee will be rec;iired to connect to said sewer line within six (6) months of completion of said sewer line. III. TERM The term of this Agreement shall be for a period of thirty (30) years, commencing on the 15th day of October 1998, and continu- ing through the 15`° Day of October, 2028 , unless earlier terminated under the ?rovisions of the Agreement. Any attempt by Lessee to renegotiate this Lease shall be in writing addressed to the City Manager at least one hundred eighty (180) days before the expiration of the stated term of this lease, and at least 180 days before the expiration of any additional renegotiated period. Lessee has the option to renew for two (2) additional ten (10) year terms. The rental and terms to be negotiated shall be reasonable and consistent with the then value, rentals and terms of similar property on the airport. IV. PAYMENTS, RENTALS AND FEES Lessee covenants and agrees to pay Lessor, as consideration for this lease, the following payments, rentals and feesi A. LAND RENTAL shall be due and payable in twelve (12) equal monthly installments in the sum in advance, on or before the 15th day of each and every month during the term of this agreement. Lessee may have the option to pay annual rentals and fees in whole on or before the 15th day of October each and every year of this lease. 10/15 980 $0.06 per square foot minimum yearly rent; adjusted annually per paragraph IV.C. i i s2X1~1 10 ! 6 1 O 2. 10/15/03. The current lease rate (previous year's rents will be increased by an additional $0.06 per square foot, and then adjusted annually per paragraph IV.C. 3. 10/15/13: Tha current lease rate (previouq year's rental) will be increased by an additional $0.02 per square foot, and then adjusted annually per paragraph IV.C. Notwithstanding the foregoing, the annual lease rental to be reduced by the current lease rate per square foot, times Che number of square feet comprising all easements established in accordance with Article II(D) B. L:SSOR IMPROVEMENTS RENTALS. NONE: Ther• are no Lessor improvements on the eases premises. C. PAYMEN2a m PENALTY, ADJUSTMENTS. All payments due Lessor from Lessee si-TTf a a tc, Lessor at the offices of the Finance Department of the City of Denton, i,ccounts Receivable, 215 E. McKinney, Denton, Texas, unless otherwise designated in writing by the Lessor. If payments are not received before or on the 15th, a five (5) percent penalty will be due as of the 16th. If payments are not received by the 1st of the subsequent month, an additional penalty of one 11) percent of the unpaid rental/fee amount will be due. A one 11) percent cl•arge will be added on the lot of each subsequent month until the unpaid rental/fee payment is made. Failure to pay the rent or penalty amounts on delinquent rent shall constitute an event of default of this lease. The yearly rental for land and improvements herein leased shall be readjusted at the end of each one (1) year period during the term of this lease on the basis of the proportion that the then current United States Consumer Price Index for all urban consumers (CPI-U) for the Dallas-Fort Worth geographical region, as coapiied by the U.S. Department of Labor, Bureau of Labor Statistics bears to the applicable index at the execution of this lease. The original land rental amount is based upon the formulae set forth in Section IV.A, for the land herein leased. Each rental adjustment, if any, shall occur on the 15th day of October, beginning 1999, and every year thereafter on such date. The adjustments in the yearly rent shall be determined by multiplying the minimum yearly rent as set forth in Section IV.A. ` by a fraction, the numerator of which is the index number for the , last month prior to the adjustment, and the denominator of which 0 is the index number applicable at the execution of this lease. If the product of t)Lis multiplication is greater than the minimum yearly rent as set forth in Section IV.A „ Lessee shall pay this greater amount as the yearly rent until the time of the next rental adjustment as called for in this section. If the product of f z i ~rx, 22h K10 32X .A U this multiplication is less than the minimum yearly rent of as set forth in Section IV.A., tt,ere shall be no adjustment in the annual rent at that time, and Lessee shall pay the previous year's annual rent until the time of the next rental adjustment as called for in this section. In no evert shall any rental adjustment called for in this section result in an annual rent less than the previous year's annual rent. The adjustment shall be limited so that the annul1 rental payment determined for any given year shall not exceed the annual rental payment calculated for the previous year by m^re than ten (10) percent, except for the adjustments under the ease effective 10/15/03 and 10/15/13. If the consumer price index for all urban consumers (CPI-U) for the D,.llas-Fort Worth geographical region, as compiled by the U.S. Department of Labor Bureau of Labor Statistics, is discontinued during the term of this lease, the remaining rental adjustments called for in this section shall be made using the formula sct forth in subsection (a) above, but substitut:I-g the index numbers for the Consumer Price Index-Seasonally Adjusted U.S. City Average For All Items For All Urban Consumes (CPI-U) for the index numbers for the CPI-U applicable to the Dallas-Fort Worth geographical region. If both the CPI-V for the Dallas-Fort Worth geographical region and the U.S. City Average are discontinued during the term of this lease, the remaining rental adjustments called for in this section shall be made using the statistics of the Bureau of Labor Statistics of the United States Department of Labor that are most nearly comparable to the CPI-U applicable to the Dallas-Fort Worth geographical region. If the Bureau of Labor Statistics of the United States Department of Labor ceases to exist or ceases to publish statistics concerning the purchasing power of the consumer dollar during the term of this lease,- the remaining rental adjustments called for in this section shall be made using the most nearly comparable statistics published by a recognized financial authority selected by Lessor. V. RIGHTS AND OBLIGATIONS OF LESSEE A. UdE OF LEASED PREMISES. Lessee is granted the .non- 0 exclusiv3 privilege to engage n or provide the following: 1. Hangar teases and Rental, The rental or lease of hangars ana hangar space an"related facilities upon the leased premises. J 2. Office S acs Lease or Rental. The rental or lease of 11 o ice space in or adjoining Lessee's hangars. i O 3. Aircraft Stora a and Tie Down. To provide parking, storage an tie own service, for both Lessee's and itinerant aircraft upon or within the leased premises. i 9 1 215 32XID o 0 1 Lessee, his tenants and sublessees shall not be authorized to conduct any services not specifically listed in this agreement. The use of the lease premises of Lessee, his tenants or sublessees shall be limited to only those private, commercial, retail or in- dustrial activities having to do with or related to ai.•ports and aviation. No person, business or corporation may operate a commer- cial, retail or industrial business upon the premises of Lessee or upon the Airport without a lease or license from Lessor authorizing such commercial, retail or industrial activity, The Lessor shall not unreasonably withhold authorization to conduct aeronautical or related services. B. STANDARDS. Lessee shall meet or exceed the following standards; 1. Address. Lessee shall file with the Airport Manager and keep current his mailing addresses, telephone numbers and contacts where he can be reached in an emergency. 2. L'.st. Lessee shall file with the Airport Manager and keep current a list of his tenants and sublessees. 3. Conduct. Lessee shall contractually require his employers and sublessees land sublessee's invitees) to abide by the terms of this agreement. LeFSee shall promptly enforce his contractual rights in the event of a default of such covenants. i 4. Utilities Taxes and Fees. Lessee shall meet all expenses an payments in connection with the use of the Premises and the rights and privileges harein granted, including the timely payment of utilities, taxes, permit fees, license fees and assessments lawfully levied or assassed• 5. Laws. Lessee shall comply with all current and future Tederal, state and local laws, rules and regulations which may apply to the conduct of business contemplated, including rules, regulations and ordinances promulgated by Lessor, and Lessee shall keep in effect and post in a prominent place all necessary and/or required licenses or permits. j 6. Maintenance of Prooe~rty Lessee shall be responsible for the maintenance, rep~r and upkeep of all property, build- ings, structures and improvements, including the mowing or elimination of gras^ and other vegetation on the Premises, and shall keep said Premises neat, clean and in respectable condition, free from any cb~ectional matter or 1 O • thing. Lessee agrees not to utilize or permit others to utilize areas on the leased premises which are located on the outside of any hangar or building for the storage of wrecked or permanently disabled aircraft, aircraft parts, 10 io .32 x e J I p automobiles, vehicles of any type, or any other equipment or items which would distract from the appearance of the leased premises. Lessee agrees that at no time shall the leased premises be used for a flea market type saies operation, 7. Paintinanof Buildin s. During the original term of this Leave wring each extension, Lessor shall have the right to require, not more than once every five years, that the metal exterior of hangar(s) or building(s) locar!d on the premises be reviewed by the Airport Advisory Board for the purpose of determining whether f painting of the exteriors of such buildings or hangars is necessary. If the Airport Advisory Board determines painting is necessary, it shall furnish a recommendation to this effect to the City Council. The Council, may, upon the Board's recommendation, require Lessee to repaint sa.,d exteriors according to Lessors specifications (to specify color of paint, quality of workmanship and the year and month in which the hangar(s) or building(s) are to be painted, if needed.) Lessee shall complete the painting in accordance with such specifications within one (1) year of receipt of notice from lessor. Lesse agrees to pay all costs and expense involved in the hangar or building painting process. Failure of Lessee to complete the painting required by Lessor's City Council within one (1) year period shall constitute Lessee's default under this Lease, 9. Unauthorized use 2f premises. Lessee may not use any of t-heTeased- al nor premises for the operation of a motel, hotel, restaurant, private club or bar, apartment house, or for industrial, commercial or retail purposes, except as authorized herein. 9. Dwellings. It is expressly understood and agreed that no permanent dwelling or domicile may be built, moved to or established on or within the leased premises non. may lessee, his tenants, invitees, or guests be permitted to reside or remain as a resident on or within the leased premises or other airport premises. 10, quit Possession. Lessee shall quit possession of all premises leased herein at the end of the primary term of this lease or any renewal or extension thereof, and deliver up the premises to Lessor in as good condition as existed when possession was taken by Lessee, reasonable wear and tear excepted. 11. lold Harmless, Lessee shall indemnify and hold harmless Lessor from and against all loss and damages, including 11 l ~„~r~] 32 x~❑ Idly/ • 1 , 1111 I death, personal injury, loss of property or other damages, arising or reeulting from the operation of Lessee's business in and upon the leased premises. 12. Chemicals. Lessee agrees to properly store, collect and dispose of all chemicals and chemical residues; to properly store, confine, collect nd dispose of all paint, including paint spray in the atmosphere, and paint products; and to -amply with all Local, State and Federal regulations governing the storage, handling or disposal of such chemicals and paints. 13. Hazardous Activities. Should Lessee violate any law, rule, restriction or regulation of the City of Denton or the Federal Aviation Administration, or should the Lessee s engage in or permit other persons or agents to engage in activities which could produce hazards or obstruction to { air navigation, obstructions to visibility or interference with any aircraft navigational aid station or device, whether airborne or on the ground, then Lessor shall state such violation in writing and deliver written notice to Lessee or Lessee's agent on the leased premises, or to the person(s) on the leased premises who are causing said violation(s), and upon delivery of such written notice, Lessor shall have the right to demand that the person(s) responsible for the violation(s) cease and desist from all ' such activity creating the violation(s). In euch event, Lessor shall have the right to demand that corrective action, as required, be commenced immediately to restore the leased premises into conformance with the particular law, rule or aeronautical regulation being violated. Should Lessee, Lessee's agent, or the person(s) responsible for the violation(s) fail to cease and desist from said violation(s) and to immediately commence correcting the violation(s), and to complete said correc- tions within twenty-four (24) hours followinn written notification, then Lessor shall have the right co enter onto the leased premises and correct the violation(s), and Lessor shall not be responsible for any damages incl;rred to any improvements on the leased premises as a result of the corrective action process. 1 { , > y 12 _ ai~,A ~vSA , ..~y,n 75 K I d 32X j o " I I . D. SIGNS. During the term of this Agreement, Lessee shall have the rigFt, at its own expense, to place in or on the lease Premises signs identifying Lessee. Said signs shall be of a size, shale and design, and at a location or locations, approved by the Lessor and in conformance with any overall directional graphics or sign program established by Lessor for the Airport. Lessor's approval shall not be wiehheld unreasonably. Said signs shall be maintained in good repair throughout the term of this agreement. Notwithstanding any other provision of this agreement, said signs shall remain the property of Lessee. Lessee shall remove, at its ; expense, all lettering, signs and placards so erected on the i premises at the expiration of the term of this Agreement or i extensions thereof. i VI. COVENANTS BY LESSOR Lessor hereby agrees as follows: A. PEACEFUL ENJOYMENT, That on payment of rent, fees, and performance o the covenants and agreements on the part of Lessee to be performed hereunder, Lessee shall peaceably hold and enjoy the leased premises and all rights and privileges herein granted; S. COMPLIANCE. Lessor warrants and represents that in the establishment, construction and operation of said Denton Municipal Airport, that Lessor has heretofore and at this time is complying with all existing rules, regulations, and criteria distributed by the Federal Aviation Administration, or any other governmental authority relating to and including, but not limited to, noise abatement, air rights and easements over adjoining and contiguous areas, over-flight in landing or takeoff, to the end that Lessee will not be legally liable for any action of trespass or similar cause of action by virtue of any aerial operations of adjoining property in the course of normal take-off and landing procedures from said Denton Municipal Airport; Lessor further warrants and represents that at all times during the term hefeof, or any renewal or extension of same, that it will continue to comply with the foregoing, . VII. SPECIAL CONDITIONS It is expressly understood and agreed by and between Lessor and Lessee that this lease agreement is subject to the following special terms and conditions. A. RUNWAYS AND TAXIWAYS. That because of the present fifteen thousand 15,000) pours continuous use weight bearing capacity of • the runway and taxiways of the Airport, Lessee herein agrees to 0 limit all aeronautical activity including landing, take-off and taxiing, to aircraft having an actual weight, including the weight of its fuel, of fifteen thousand (15,000) pounds or less, until such time that the runway and designated taxiways on the Airport 13 0 Q i have been improved to handle aircraft of such excessive weights. It is further agreed that, based on qualified engineering studies, , the weight restrictions and provisions of this clause may be adjusted, up or down, and that Lessee agrees to abide by any such changes or revisions as such studies may dictate. "Aeronautical Activity" referred to in this clause shall include that activity of the Lessee or its agents or subcontractors, and its customers and invitees, but shall not include those activities over which it has no solicitory parr or control, such as an unsolicited or unscheduled or emergency landing. A pattern of negligent disregard of the provisions of this section shall be sufficient to cause the immedia.e termination of this entire Agreement and subject Lessee to liability for any damages to the Airport that might result. VIII. LEASEHOLD IMPROVEMENTS A. REQUIREMENTS: Before commencing the construction of any improvements upon tEe premises, Lessee shall submit: 1. Documentation, specifications, or design work, to be approved by the Lessor, which shall establish that the improvements to be built or constructed upon the lease premises are in conformance with the overall size, shape, color, quality and design, in appearance and structure of the program established by Lessor on the Airport. 2. All plans and specifications showing the location upon the premises of the proposed construction; 3. The estimated cost of such construction. No construction may commence until Lessor, acting by its City Council, has approved the plans and specifications and the location of the improvements, the estimated costs of such construction and the agreed estimated life of the building or structure. Approval by the city Council shall not be unreasonably withheld; should the Council fail to deny Lessee's plans and specifications within sixty 1601 days of submission thereof to the Council, such plans and specifications shall be deemed approved, Documentary evidence of S the actual cost of construction on public areas only (such as taxiways) shall be delivered by Lessee to Lessor's City Manager frnm time to time as such costs are paid by Lessee, and Lessor's City Manager is hereby authorized to endorse upon a copy of this lease filed with the City Secretary of Lessor such actual amounts as he shall have found to have been paid by Lessee, and the findings of the City Manager when endorsed by him upon said contract shall be conclusive upon all pasties for all purposes of O this agreement. i 14 2~i K 10 32XIO 0 MOM B. ADDITIONAL CONSTRUCTION OR IMPROVEMENTS! Lessee is hereby authorize to construct upon the an herein leased, at his own cost and expense, buildings, hangars, and structures, that Lessor and Lessee mutually agree are necessary for use in connection with the operations authorized by this lease, provided however, before commencing the construction of any improvements upon the premises, Lessee shall submit plans and specifications for approval by Lessor as specified in Article VIII.A., at•jve. C. OWNERSHIP OF IMPROVEMENTS! All buildings and improvements constructed upon the premises by Lessee shall remain the proparty of Lessee unless said property becomes the property of Lessor under the following conditions, terms and provisions: 1. Removal of luildin ss_. No building or permanent fixture f, may be remove r~ om the premises. 2. Assumption. All buildings and improvements of whatever nature remaining upon the leased premises at the end of the primary term, or any extension thereof, of this lease shall automatically become the property of Lessor absolutely in fee without any cost to Lessor. 3, Buildin Life. It is agreed that the life of the building to Be constructed by Lessee on the property herein leased is thirty (30) years. 4. Cancellation. Should this lease be cancelled for any reason a ore the end of the thirty {30) year expected building life, it is especially understood and agreed that Lessor reserves the right to purchase all buildings, structures and improvements then existing upon the premises by tendering to Lessee one thirtieth (1/30) of the undepreciated value of such building for each year remaining on the agreed life of such building. The undepreciated value of all improvements is to be determined by having sl+ch improvements appraised by three appraisers, one appointed by Lessor, one appointed by Lessee and one appointed by the two appraisere. IX. SUBROGATION OF MORTGAGEE A. Any person, corporation or institution that lends money to Lessee for construction of any hangar, structure, building or improvement and retains a security interest,in said hangar, strut- cure, building or improvement shall, upon default of Lessee's i C obligations to said mortgagee, have the right to enter upon said leased premises and operate or manage said hangar, structure, building or improvement according to the terms of this Agreement, for a period not to exceed the term of the mortgage with Lessee, or until the loan is paid in full, whichever comes first, but in 1 15 a9 ,.v 25 K 32X10 0 no event longer than the term of this lease. It is expressly understood and agreed that the right of the mortgagee referred to , herein is limited and restricted to those improvements constructed with funds borrowed from mortgagee, those improvements purchased with the borrowed funds, and those improvements pledged to secure the refinancing of the improvements. B. Lessee shall have the right to place a first mortgage lien upon the leasehold in an amount not to exceed eighty-five percent (856) of the construction cost or current market value of the leasehold improvements. X. RIGHT OF EASEMENT Lessor shall have the right to establish easements, at no cost to Lessee, upon the leased ground space for the purpose of providing underground utility services to, from or across the airport property or for the construction of public facilities on the Airport. However, any such easements shall not interfere with Lessee's use of the leased premises and Lessor shall restore the property to original condition upon the installation of any utility services on, in, over or under any such easement or the conclusion of such construction. Construction in or at the easement shall be completed within a reasonable time. XI. ASSIGNMENT OF LEASE Lessee expressly covenants that it will not assign this lease, convey more than ten percent (106) of the interest in his business, through the sale of stock or otherwise, transfer, license, nor sublet the whole or any part of the said premises for any purpose, except for rental of hangar space or tie-down space, without the written consent of Lessor. Lessor agrees that it will not unreasonably withhold its approval of such sale, sublease, transfer, license, or assignment of the facilities for the airport related purposes; provided however, that no such assignment, sublease, transfer, license, sale or otherwise shall be approved if ' the rental, fees or payments, received or charged are in excess of the rental or fees paid by Lessee to Lessor under the terms of this lease, for such portion of the premises proposed to be assigned, subleased, transferred, licensed, or otherwise.- The provisions of this lease shall remain binding upon the assignees, if any, of Lessee. . XIi. INSURANCE 0 , A. REQUIRED INSURANCE: Lessee shall maintain (.7ontinuously in I effect at all tis during the term of this agreement, at Lessee's ) expense, the following insurance coverages 16 ` . 2.5 32. X 0 0 1 f Comprehensive general liability covering the leased premises, the Lessee or its company, its personnel, and its operations on the airport. 2. Aircraft liability to cover all flig;it operations of Lessee. 3. Fire and extended coverage for replacement value for all facilities used by the Lessee either as a part of this agreement or erected by the Lessee subsequent to this agreement, 4. Liability insurance limits shall be in the following minimum amounts: r" Bodily Injury and Property Damage, One Million Dollars ($1,000,000) combined single limits on a per occurrence basis, 5. All policies shall name the City of Dent n as ar, additional named insured and provide for a minimum of thirty (30) days written notice to the City prior to the effective date of any cancellation or lapse of such policy. 6. All policies must be approved by the Lessor. { 7. The Lessor shall be provided with a copy of all such { policies and renewal certificates. During the term of this lease, Lessor herein reserves the right { to adjust or increase the liability insurance amounts required of the Lessee, and to require any additional rider, provisions, or certificates of insurance, and Lessee hereby agrees to provide any such insurance requirements as may be required by Lessor; provided however, that any requirements shall be commensurate with insurance requirements at other public use airports similar to the Denton Municipal Airport in size and in scope of aviation activities, located in the southwestern region of the United States. Lessee herein agrees to comply with all increased or adjusted insurance requirements that may be required by the Lessor throughout the oriyinal or extended term of this lease, including types of insur- ance and monetary amounts or limits of insurance, and to comply with said insurance requirements within sixty (60) days following the receipt of a notice in writing from Lessor stating the increased or adjusted insurance requirements. Lessee shall have 0 the right to maintain in force both types of insurance and amounts of insurance which exceed Lessor's minimum insurance requirements. In the event that State law should be amended to require types of insurance and/or insurance amounts which exceed those of like or 17 25 32x1❑ 0 u similar public use airports in the southwestern region of the United States of America, then in such event, Lessor shall have the right to require that Lessee maintain in force types of insurance and/or amount of insurance as specified by State law. Failure of Lessee to comply with the minimum specified amounts or types of insurance as required by Lessor shall constitute Lessee's default of this Lease. XIII. CANCELLATION BY LESSOR In the event that Lessee shall file a voluntary petition in bankruptcy or proceedings it bankruptcy shall be instituted against it and Lessee thereafter is adjudicated bankrupt pursuant to such proceedings, or any court shall take jurisdiction of Lessee and its assets pursuant to proceedings brought under the provisions of any Federal reorganization act, or Lessee shall be divested of its estate herein by other operation of law; or Lessee shall fail to perform, keep and observe any of the terms, covenants, or conditions herein contained, or on its part to be performed, the Lessor may give Lessee written notice to correct such condition or cure such default and, if any condition or default shall continue for thirty (30) days after the receipt of such notice by Lessee, then Lessor may terminate this lease by written notice to Lessee. In the event of default, Lessor has the right to purchase any or all structures on the leased premixes under the provisions of Section VIII Paragraph C.4. (Cancellation) hereof. XIV. CANCELLATION BY LESSEE Lessee may cancel this Agreement, in whole or part, and termi- nate all or any of its obligations hereunder at any time, by thirty (30) days written notice, upon or after the happening of any one of the following eventsi (1) issuance by aj,, court of competent jurisdiction of a permanent injunction in any way preventing or restraining the use of said airport or any part thereof for airport purposes; (2) the breach by Lessor of any of the covenants or agreements contained herein and the failure of Lessor to remedy such breach for a period of ninety (90) days after receipt of a written notice of the existence of such breachr (3) the inability of Lessee to use said premises and facilities continuing for a longer period than ninety (90) days due to any law or any order, rule or regulation of any appropriate governmental authority having jurisdiction over the operations of Lessor or due to war, earthquake or other casualty; or (4) the assumption or recapture by ' the United States Government, or any authorized agency thereof, of the maintenance and operation of said airport and facilities or any O substantial part or parts thereof. M71 ) Upon the happening of any of the four events listed in the ; preceding paragraph, such that the leased premises cannot be used for aviation purposes, then the Lessee may cancel this lease as I i MEZZ 18 y 9 5 K I ~ 32XIa 0 Alm { aforesaid, or may elect to continue this lease under its terms, except, however, that the use of the leased premises shall not be limited to aviation purposes, their use being only limited by such laws and ordinances as may be applicable at that time. XV. MISCELLANEOUS PROVISIONS A. ENTIRE AGREEMENT. This Agteement constitutes the entire understan n3i~tween the parties and as of its effective date supersedes all prior or independent Agreements between the parties covering the subject matter hereof. Any change or modification hereof shall be in writing signed by both parties. R. BINDING EFFECT. All covenants, stipulations and agreements herein shall extend to, bind and inure to the benefit of the legal representatives, successors and assigns of the respective parties hereto. C. SEVERABILITY. If a provision hereof shall be finally declared void or ille by any court or administrative agency hav- ing jurisdiction, the entire Agreement shall not be void; but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. D. NOTICE. Any notice given by one party to the other in connection with this agreement shall be in writing and shall be sent by registered mail, return receipt requested, with postage and registration fees prepaid as follows: 1. If to Lessor, addressed to: City Manager City of Denton 215 E. McKinney Street Denton, Texas 76201 i 2. If to Lessee, addressed to: Mr, Jim Osborne 1917 Vintage Drive :inth TX 76205 Notices shall be deemed to have been received on the date of receipt as shown on the return receipt. • E. HEADINGS, The headings used in this Agreement are intended • for convenience nce of reference only and do not define or limit the f scope or meaning of any provision of this Agreement. F. GOVERNING LAW. This Agreement is to be construed in C 19 R: I D 32X i a~ f accordance with the laws of the State of Texas. G. NO WAwrin. No waivor by Lecoor or Laoeca of any default or breach o covenant or term of this lease may be treated rs a waiver of any subsequent default or breach of the same or any other covenant or term of this Agreement. H. INDEPENDENT CONTRACTOR. During all times that this Lease is in effect, tie pdi-0VM egeee that Ltaaee in and shall be deemed to be an independent contractor and operator and not an agent or employee of the Lessor with respect to their acts or omissions hereunder. For all the purposes hereunder, Lessee is and shall be deemed an independent contractor and it is mutually agreed that nothing contained herein shall be deemed or construed to constitute a partnership or j,)int venture between the parties. IN WITNESS WHEREOF, the narciee have executed this Agreement as r of the day and year first above written. l CITY OF DENTON, TEXAS, LESSOR 4 . 6Y~ e ez, My anager e i ATTEST; j JENNIFER WALTERS,-CITY SECRETARY CITY OF DENTON, TEXAS i APPROVED AS TO LEGAL FORMi HERBERT L. PROUTY, CITY ATTORNEY CITY OF DEN-toll, TEXAS BYwj~,/~~t e,Y,, e tom? ; o w` 1 Y m s arne, E 04~ej~* toll* Alre"ant 11 20 > 2 .5 i MONK" ' • O ILI r . y . Y f Ill THE STATE OF TEXAS S ' 1 COUNTY OF DENTON 5 4 This instrument was acknowledged before me on the day of 199 by LESSEE. NOTARY PUBLIC, STATE OF TEXAS My Commission Expires II ~ I ,r i' 1 ' to) ; r , 21 jx, 1 r j o i ATTACHMENT roes/ - w!r S 88'76'10" E 80.00' IRS'uP low - - ' V IRSrcIp • , LOT 3 i' e7 LOT n LOT 4 !i r Q _ R ,v I i O O " ° 1 I IR5lCeD b sum 1 '.38T'}"0'~W'iu• 8000' ; L, a. ~'i il•If7 f'Rh 1 • : ~Hee re. „ e+ % ~ et. tT`1Mit'y-'•, ia ~_-~f1 ~......ui.7~~ .~.-...T. 4E• I+Rl1 s-1•-N r S: tllrlrf~ r e,f n 11' U. E nJ 2+' ISP4ALT ..f N LOCKHEED (POSTEb) LuS SURYEle HAS 9E2N PREoIREOYnTH fHE E1,CEPTION OF A IlTLf REPOill SCHEOULE+ l 3 I F IOGD SixTENtE'+T 1 na.e aemM~ m1 F EMI Flood Inlunna Rtl1 MID la Donlon County 11 rs1 CunmumPl pp ~ XU"j ill"w"t dale 1 }}251nd Inat m19 in0411H ir11 IhH 9'9C!w r1 nd vn7hM an k!^Idtd ~fi Food mne of mown or Pm11 )E5 f 01 fmd maP 1 P f 116 NOr+Srade] ZONE 11 t ni! peel CeireC Ry rt9~etenb Ihf rlfutd of In MIntyrpun4 Whfy rnadf under my 0~4CtiN Ind su9erP.lgn M 4: LF~ NOMySOM r IRF a Iron Rad Found F C P • F@xt Como Poll -lu- Wvxd FenC1 - -Choi nlmf fmto - 4 It • U E r Utdny E snn I I • Plal d Dew? Calls IRS CI,P a 10M Rod Sel wilh C ep hOa b 4 • B 1. . Bui+dvg !m1 CE • Commu.ioa or.s Evil SrSID a Spat fo'd Sol BICS 4 f U D E r Dmneyt Esm7 'LS•1. 10 _OQo~rE iE THCNIPSsoN,s 1 60' E KERN SI~R~~'Yt~YQ (11 V JOB N 9812173 f P.O.8OX 507 KR1/MA. 76e?49 (940-482-6713 e, III X10 32 O 4 t l j ATTACHMENT "A" r i DESCRIPTION 0.20 ACRE LOTS All that certain tract of land situated in the Wiliam Neil Survey, Abstract 9 910, City of Denton, Denton County,Texas and being a part of Lot 1, Block 10 Southeast Airport Addition, an Addition to the City of Denton, Denton County, Texas as recorded in Cabinet G, Page 2,95 of the Plat Records of Denton County, Texas; the subject tract being more p2rtioutarty described as follows; BEGINNING V the Southwest comer of the tract being described herein at a capped iron rod set for comer from which a concrete monument found at the Northwest comer of said Addition bears North 17 Degrees 57 Minutes 55 Seconds West a distance of 1772.36 feet; W THENCE North 01 Degree 23 Minutes 50 Seconds East a distance of 110 00 feet to a A" capped iron rod set for comer; THENCE South 88 Degrees 36 Minutes 10 Seconds East a distance of 8000 feet to a'A" capped iron 1 rod set for comer, M , ~ ./'•.,l a. L:..i L•Y~ri.Y{~w' J". i fi d a~L Y .~Ik@:+~ 3:'L': THENCE South 01 Degree 23 Minute 50 Second, West a distance of 110.00 feet to a W capped Iron rod set for corner; THENCE North 68 Legrees 36 Minutes 10 Seconds West a distance of 80.00 feet to the PLACE OF BEGINNING and enclosing 0 20 of an acre of land more or less. ` CONC MONUMENT NE CORNIERLOT 1. S SOUTHEAST AIRPORTAODOTION CONC MONUMENT s6PSYt2"Ei 1DS$So, 00V74JAeINET0.PAGE SAS NW CORNER Lott19LOCKI - REFERENCE BEARING SOUTHEAST AIRPORT ADDITION CAE1W0 PAGE 296 21;) KI El 32do ^ 11 ~ ~ I l y 0 x a ATTACHMENT "C" k y CO NN!'q' ~v 56K/~/1 ijy 07~1e~~ ~ ' , t y //V /99~ SeN&>ihlc l2r r alr/psrgr-, Qp t g.~ Rey , ` . rA S 1 Meter ~ r i 24 25 X~ 3 2x10 4 , 0 own" Apend+Na llpanda letm AGENDA INFORMATION SIIFF.T 06 ' AGENDA DATE: October 20,1998 DEPARTMENT: Planning and Inevelopmeal Department ' 01I00VACM: Rick Svehla SUBJECT Consider adopting an ordinance authorizing ajoint public hearing with the Planning and Zoning Commission and the City Council to be held on November 17, 1998 pursuant to Texas Local Government Code §211,007 (b) at the City Council Chambers at 7 o'clock p.m. to consider recommendation and action ur~on an ordinance creating a corridor overlay district; prescribing notice of the joint meeting pursuant to Texas Local Government Code §211.007 (d) by running newspaper ad and mailing notice to owners within the proposed defined corridor boundaries. BACKGROUND As discussed at the October 13`h, 1998 Work Sessior . n alternative notification process is proposed for review of the draft Interim Corridors Ordinance. Under normal circumstances, properly owners locutcd within 200 feel or a designated thoroughfare corridor would receive notice of P&Z and City Council public hearings. The alternative is to provide notice to owners of property located within the designated corridor, publish newspaper advertisements, and schedule .;c'.^' P&Z /City Council public hearing on November 17`h, 1998, at 7,00 p.m. Staff anticipates that written notices will be mailed to property owners by October 301h, 1998. This same alternative noti fication procedure was used for the Corridors Ordinance a few months ago, when City Council authorized an August 4'h, 1998 joint P&7.! City Council public hearing, State Notification Reuyirtments The City Council discussed notice requirements for the proposed interim Corridor Ordinance during thti October 13'h, 1998 work session, Under Local Govemment Chapter 211, Section 211.007, two options for notification are provided. First, Sec. 211.007 (c) states a written notice "shall be sent to each owner, as indicated by the most recently approved municipal tax roll, of real property within 200 feel of the property on which the change in classification is proposed. The notice maybe served by its deposit in the municipality, properly addressed with postage paid, in the United States mail." The notice must be provided before the 10 day before the Commission hearing, The second notification option requires that the Cily Council by ordinance sct ajoint public hearing of the Planning and Zoning Commission and the City Council, and th's allows the City Council to set a different notification requirement, [Local Government Code 21. 1.007 (b) and (d)] I oval Government Code Section 211.001(d) stales, "The governing body of a home-rule municipality may, by a two-thirds vote, prescribe the type of notice to be given of the time and 0 place of a public hearing held jointly by the governing body and the zoning commission. If JV notice requirements arc prescribed under ibis subsection, the notice requirements prescribed by 211,007(b), 211,007(c) [quoted above] and by Section 21 I.Wa) [requiring a newspaper notice 13 days prior to the City Council hearing] do not apply," Section 211.007(b) still requires that I k t. 2i x 32x~~ O 1 i y l the Commission make a recommendation before the governing body may take action. The proposed schedule allows the Planning & Zoning Commission to hear comments on November 17'h, 1998 and make a recommendation during its regular meeting on December 2nd, 1998. ESTIMATED SCHEDULE OF PROJECT ' City Council Alternative Nrification Ordinance October 20th, 1998 Planning & Zoning Commission Work Session October 27th, 1998 City Council Work Session November 10th, 1998 Joint P&Z / City Council Public Hearing November 17'h, 1998 Planning & Zoning Commission Recommendation December 1"d, 1998 f City Council Action December 8'fi, 1998 PRIOR ACTION/REVIEW. January 1998 Corridors Ordinance scheduled by City Council Apri l 28th, 1998 City Council Work Session May 13th, 1998 Planning & Zoning Commission Work Session May 27th, 1998 Planning & Zoning Commission Public Hearing and recommendation of approval, 4.1 May 29th, 1998 City Staff I Chamber of Commerce Meeting June 2"d, 1998 City Council Public Nearing June 9th, 1998 City Council Work Session (Alternative public hearing notification) June 16 kh '1998 City Council Regular Meeting (Adoption of alternative notification ordinance) June 24th, 1998 City Starr / Chamber of Commerce Meeting July 10th, 1998 City Staff I Chamber of Commerce Meeting July 24th, 1998 City Staff / Chamber of Commerce Meeting July 28th, 1998 City Council Work Session August 4th, 1998 Joint City Council / Planning & Zoning Commission Public Hearing. August 111x', 1998 City Council Work Session ORDINANCE FORMAT CHANGED TO SITE PLAN REVIEW GUIDELINES1 August 25"i, 1998 City Staff I Chamber Committee Meeting October 8`h, 1998 City Starr / Chamber Committee Meeting October 13th, 1998 City Council Work Session October 14th, 1998 Planning & Zoning Commission Briefing October 15'h, 1998 City Staff I Chamber Committee Meeting • At the August 10, 1998 City Council Work Session, Council members agreed to give city staff and Chamber of Commerce an opportunity to discuss a new " site plan review" format suggested for the drat Corridors Ordinance. A new dran ordinance is being prenared to reflect the site plan review format, and discussions with a Chamber "Task Force" continue is, a held regularly to refine the attached "Working Draft" rISCAL INFORMATION • The fiscal impact will include the cost of postage for the notices and newspaper advertisements, • • AID A&IINIENTS 1, Corridors Ordinance "Working Draft" 2. 'oint P&Z I City Council Public Nearing Notice: November 17'6, 1998 3. Ordinance 2 A -~w + i 0 Ilk x , r Respectfully sub fitted: Hill Director of Planning and Development Prepared b S 1 fiche a Lszo Small Area Planner i , V 1 J r+ k ~ F t 1 Ir ! Y ~ NY ~ i asp w ro s 3 t x. r 25 x~ a 32 X I O - W-, I Alum yy ti,k v 0 i CORRIDORS ORDINANCE WORKING DRAFT For City Council Work Session Discussion Friday, October Vh,1"8 The outline provided in this document is the first attempt to assemble Corridor "Guidelines", rather than regulations, to develop "Site Plan Review" options for implementation of a Corridors Overlay Zoning Ordinance, e i WHEREAS, th - Denton City Council has determined that our corridors impact the visual image of our community; and WHEREAS, the City Council finds that it is in the public interest to insure that new developments in Denton will help to enhance the economic and aesthetic environment; and WHEREAS, the City of Denton recognizes that the establishment of new overlay district site plan review guidelines for architectural standards, setbacks, screening of uses, prohibition of certain uses if visible from the corridor, and traffic circulation will help to enhance the economic and aesthetic environment; and WHEREAS, the City Council has conducted public hearings on the proposed guidelines contained herein; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. That Chapter 35 "Zoning" of the code of Ordinances of the City of Denton, Texas is hereby amended by the adoption of Title XI, entitled "Corridor Overlay District," so the t hereafter said title shall be and read as fo lows: CORRIDOR OVERLAY DISTRICT 1 4 Short Title and Scope, This article shall be known and maybe cited as the Corridor Overlay District. This article is creating a flew district that overlays current districts and that except where they conflict with this ankle all rules and regulation of the underlying district shall still have full force and effect. • Statement of Purpose, T he intent of this article is to promote the immediate and long-term public health, safety, economic stability and general wclf.re of the citizens of Denton by establishing regulations related to access and appearance of dcsigaatcd roadways. This article is intended to promote the following general purposes: a To provide a visually attractive environment for those who travel on the City's thoroughfares; a To allow flexible evaluation of individual site characteristics and proposed silt design features that effect the aesthetic quality of thoroughfare corridors; t Mrs 25", i ~ 32X IO e ANWfor o , • To establish a positive image for Denton that is visible along its most heavily traveled corridors. • To communicate a sense of order and safety to motorist and pedestrians through development of landscape design, access plans and structural treatments. • To retain and enhance land value by creating a sense of visual compatibility along corridors. CORRIDOR CLASSIFICATIONS • Gateway Corridors Gateway corridors are 1,000-feet wide overlay zones that extend 500 feet from the right-of-way center line for the following limited-access thoroughfares: • 1.35 N; • 1.35W; • 1.35 E; and • Loop 288. ♦ Entranceway Corridors Enlranccways corridors are 500-feet wide overlay zones that extend 250 feet from the right-of-way center line for the following segments of primary or secondary thoroughfares: • U.S. Highway 380 from Primrose Street west to the city limits; • U.S. Highway 380 from Ruddell Street east to the city limits; • US Hwy 77 from 1.33N to Windsor Drive; a Teasley Lane (FM 2181); • Fort Worth Drive (US Highway 377) from 1.35 E south to the city limits; a Locust Street (FM 2164) from Loop 288 north to the city limits; and a Sherman Drive (F'Iv1428) from Loop 288 north to the city limits. ♦ City limits: The regulations shall apply to property along the designated roadway that is within the city limits, As annexation occurs along the desianated roadways the regulations shall apply to the area annexed. AS'PL.ICABII_!'fY The provisions of this article shall apply to property located within designated corridors as follows: 4 Vacant Property: Prior to the development of vacant land, a site plan application must be submitted to the Planning and Development Department containing sufficient detail to indicate that each of the Corridor guidelines has been addressed, The site plan shall be referred to the Planning and Zoning Commission, which shall make an advisory recommendation to the City Council. The site plan must be approved by City Council before a building permit may be issued for the vacant property. The site plan required by this article may be submitted as part of an application fora zoning change, a planned d.:vctopment, or n specific use pennit. in the event that an applicant does not wish to submit a Corridor Guidelines site plan application at the time a zoning change is requested, the required site • plan may be reviewcd',y the Planning and Zoning Commission and City Council separately at a later Q Q date. s9/ 2 10 32XIO , Home" 0 I . ♦ Developed Property: Remodeling, redevelopment, or reconstruction proposed on property with existing structures, or on property that has a valid building permit issued prior to the effective date of this ordinance, and that would result in an expansion of gross floor area, parking lot area, or vehicular ' surface area, shall be subject to the following provisions; • Structural Expansion less than 25% GM When remodeling, redevelopment, or ' reconstruction is proposed on platted property that would expand existing gross floor area of the lot's structure or structures by less than twenty-five (25) percent, the proposed activity is exempt ` from the provisions of this article. . Structural Expansion 25% or more: When remodeling, redevelopment, or reconstruction is proposed on platted property that would expand existing gross floor area of the lot's structure or structures by twenty-five (25) percent or more, the proposed expansion will be subject to site plan approval procedures described in this article. • Paving Improvements Only: When parking lot or vehicular surface area improvements arc proposed that would result in an impervious surface expansion of twenty-five (25) percent or greater, or would result in impervious surface reconstruction amounting to twenty-five (25) percent or greater, the requirements of Section 314(1) shall be applied only to the area where the expansion or reconstruction occurs. This provision shall apply only when such improvements are not part of a structural remodeling, redevelopment, or reconstruction proposal. Site plan approval is not required under these circumstances. Impervious surface resurfacing is exempt from these requirements. • Exemptions • Active Agricultural and Ranching Uses: Property being used solely for agricultural, ranching, or livestock production is exempt from the provisions of this article, • Planned Developments: Planned developments constructed in accordance with an approved detailed plan shall be exempt from the provisions of this article. • Single-Family Uses: Single-family residential development shall be exempt from the provisions of this article. CORRIDOR GUIDELINES The Corridor Guidelines address aspects of proposed development that influence aesthetic quality of properties visible from the adjacent thoroughfate. The guidelines identify major elements that must be • addressed comprchcnsivrk City Council site plan review is intended to be flexible and discretionary, taking r into account individual site conditions that may affect visual characteristics, including: • Topography • Adjacent Land Uses • Existing Structures • Existing Vegetation • • Proximity to Adjacent Thoroughfare 0 • • Site Site a Site Shape • Intersection of Designated Corridors a Easement or Dedication Requirements y 10 32 x I O u I I :vat p ♦Landscaping Guidelines The landscape plan required by Chapter 31 of the City Code of Ordinances must identify proposed plantings and open space, and shall be a component of the required corridor site plan. • Plantings: In meeting the requirements of Chapter 31, "Landscaping", City Council members will evaluate the use of landscape materials to improve views of the property from the adjacent thoroughfare. Plantings should be used advantageously for screening or buffering purposes. Full compliance with city landscr-e regulations is expected for all corridor properties. • Open Space: A portion of required site open space should be located along the adjacent thoroughfare to provide trees, shrubs, groundcu-ver, and other plantings for aesthetic purposes. To the extent feasible, corridor properties should reserve a 25-feet wide landscape buffer. *Architectural Guidelines • Materials: Proposed facade materials shall be indicated on the required site plan. The exterior wails of the building facing or clearly visible immediately adjacent to the corridor should be comprised of stone, cast stone, stucco, brick, limestone, granite or a similar appearing natural or created masonry material. Tilt-wall construction is considered an 1 acceptable form of masonry material, Metal-clad struci acs are not typically considered appropriate, but unique architectural design using metal facade elements can be approved as compatible. Glass including windows and doors shall be evaluated based upon structural aesthetics and the degree to which views of interior uses arc considered appropriate. Facade exterior glass shall have a maximum reflectance of 201o, Alternative building materials consistent with the appearance of the materials listed above may be considered appropriate by City Council • Colors: The color of proposed structural elements shall be indicated on the required site plan. Colors should be selected to demonstrate respect for neighboring properties, and should nut be intended to serve primarily as an advertising device. s Design: An elevation and plan view of the front facade shall be included as part of the required site plan submittal. The design of each structure should include relief to front wall and roolline, Single, uninterrupted surface planes are discouraged, • Screening Guidelines The required site plan shall indicate the location and visual characteristics of all structural features that project above ground level or beyond structure calls or roof lines, Guidelines are provided • for, but not limited to, the necessity for screening of certain features as identified in this section, • Mechanical equipment: Mechanical equipment, including satellite dishes, air conditioning units, antennae, and other features shall be identified on the required site plan, and should be visually screened from view from the section of thoroughfare directly adjacent to the condor property. Roof-mounted equipment should be integrated into the architectural design and • screened from view, p • a Service Bays, Loading Docks, and Drive-in Laneu Vehicle repair, servic maintenance bays, loading docks, and drive-in lanes shall be identified on the required site plan. Boys and docks should not located on any structural wall facing directly toward the adjacent thoroughfare. Drive-in lanes and windows should not be located along any structural wall W, 21 10 32 X I 0 I . I facing directly toward the adjacent thoroughfare, This provision may be modified through the effective use of screening elements. a Outdoor Storage Areas: Outdoor storage areas are defined in city code as "any area that contains trash collection areas or dumpster refuse containers; outdoor loading and unloading spaces; docks or outdoor shipping and receiving areas; outdoor storage of bulk materials and /or parts; or areas regularly used for outdoor repair, outdoor storage areas of service stations, motor vehicle dealers, or inspection stations. Temporary construction and related activities are excluded from this definition" Outdoor storage areas should be completely screened from the adjacent thoroughfare before the outdoor storage area operations begin. At a minimum, outdoor storage areas must be screened from public rights-of==way using live evergreen screening plants, six (6) feet in height at installation, spaced no more than eighteen (18) inches apart, edge to edge, A fence or wall may also be used for outdoor storage area screening, provided it is at least six (6) feet tall, opaque, and of masonry, stone, or wooden material, or of the same material as that of the principal building. Earthern berms may be used to meet the vertical height standards identified in this section. Dumpster enclosure openings should not face public rights-of-way unless they are gated. • Merchandise Display: The exterior display of automobiles, trucks, construction equipment, trailers, or other vehicles for the purposes of sale or lease, with the exception of junkyards, are subject to puking lot and vehicular surface area landscaping requirements. The exterior display of living materials such as Christmas trees, pumpkins and flowers and similar living landscape plants may be visible from the adjacent thoroughfare. Other proposals may be eligible to be considered as merchandise display, but will not be favorably reviewed if the principle intent of the outdoor placement is storage, or if thr orientation of the display does not face the adjacent thoroughfare. • Traffic Circulation, Site Access and Parking Site access, traffic circulation patterns, and off-street parking shall be indicated on the required site plan. The site plan should allow a safe and efficient flow of traffic in and out of the property to maximize the capacity of the roadway. Access management principles should be employed to minimize congestion of adjacent roadways. Issues such as corner clearances, driveway spacing, joint access driveways and parallel access roads should be addressed. Site plan information should demonstrate that transportation impacts have been minimized while providing necessary site access. Site plans for corridor properties shall be revit hid by the City of Donlon Engineering Department to determine compliance with city Subdivision Regulations. The ex!-!nt to which off-street parking or other paved areas are located adjacent to a thoroughfare should be limited. Required open space and landscape nrantings should be used to Bolton the impact of paved areas visible from adjacent thoroughfares. Large expanses of uninterrupted pavement should be avoided unless screened from thoroughfare views. 0 ♦ Signs All corridor properties shall adhere to the requirements of Chapter 33 of the City Code, "Signs and 0 y f Advertising Devices." Sign details shall be provided as part of the required Bite plan. A sign district 11/ should be established as per Section 33.254(2) for corridor properties that have more than three hundred (300) feet of continuous thoroughfare frontage, j S 32 X s Norm i, T; 1 CITY COUNCIL AND PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING ON AN INTERIM CORRIDOR ORDINANCE Tuesday, November 17,1998 V 7:00 p.m. Citl !'c%uncil Chambers 215 E. McKinney Street ♦ Denton, Texas The Denton City Council and the Planning and Zoning Commission will hold ajoint public hearing to consider a "site plan review" format suggested for the draft interim corridor ordinance. According to the most recent approved city tax roll, you own property within the designated corridor area. The proposed ordinance will establish: *DF,FINED ROADWAY CORRIDORS WITHIN THE CITY OF DEN fOIN Gateways: Gateway corridors are overlay zones that extend 500 feet from the right-of-way i center line for the following limited access thoroughfares; 1-35 N, I-35 W, 1.35 E, Loop 288 ,0.f. Entranceways: Entranceways corridors are 500-feet wide overlay zones that extend 250 from the right-of-way center line for the following segments of primary or secondary thoroughfares: U.S. Highway 380 from Primrose Street west to the city limits, U.S. Highway 380 from Ruddell Street cast to the city limits, US Hwy 77 from 1-35N to Windsor Drive, Teasley Lane (FM 2181), Fort Worth Dr. (US Hwy 377) from I-35E south to the city limits, Locust Street (FNI 2164) from Loop 288 north to the city limits, and Sherman Drive (FM 428) from Loop 288 north to the city limits. City limits: The regulations shall apply to property along the designated roadway that is within the city limits. As annexation occurs along the designated corridor the regulations shall apply to the area annexed. •l)EVELOPNIENI GUIDELINES FOR PROPERTIES WITHIN THE CORRIDORS As compared to an earlier ordinance that was reviewed during an August e, 1998 public = hearing, a new ordinance has been drafted. A site plan review process is proposed that allows consideration of unique property characteristics. The draft ordinance contain3: a .Landscaping Guidelines m .Architectural Guidelines .Screening Guidelines iTraffic Circulation, Site Access, and Parking Guid.-lines Sign Guidelines On December 2"d, 1998, the Planning and Zoning Commission is scheduled to make an advisory recommendation regarding the Condors Ordinance, with the City Council scheduled to take action on December B'", 1998. All interested parties are invited to participate in the public 0 .r hearing. If you have any questions pertaining to this ordinance, please call: 940-349-8368. 0 . 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING A JOINT PUBLIC HEARING WITH THE PLANNING AND ZONING COMMISSION AND THE CITY COUNCIL TO BE HELD ON NOVEMBER 17, 1998 PURSUANT TO TEXAS LOCAL GOVERNMENT CODE §211.007 (b) AT THE CITY COUNCIL CHAMBERS AT 6 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 §211.007 (d) BY RUNNING NEWSPAPER AD AND MAILING NOTICE TO OWNERS WITHIN THE PROPOSED DEFINED CORRIDOR BOUNDARIES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Denton City Council has determined that corridors impact the visual image of the community, and WHEREAS, the Denton City Council has requested that the City Planning and Development Staff develop a Corridor Overlay District Ordinance; and WHEREAS. the Denton City Council desires to have a joint public hearing, pursuant to Texas Local Government Code §211.007, with the Planning and Zoning Commission regarding the ordinance creating a Corridor Overlay District on November 17, 1998 at the City Council Chambers at 6 o'clock p.m.; and WHEREAS, the Denton City Council wishes to prescribe notice of the time and place of thejoint public hearing in a manner that is efficient and economical; and WHEREAS, by a two-thirds vote of the City Council, pursuant to Texas Local Government Code §211.007 (d), prescribed that notice of the joint public hearing shall be accomplished by publishing a newspaper ad and by mailing notice to each real property owner, as indicated by the most recently approved municipal tax roll, within the proposed defined corridor boundaries of the proposed ordinance which is attached as Exhibit A; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: I SECTION That the Denton City Council and the City of Denton Planning and Zoning Commission shall conduct a joint public hearing pursuant to Texas Local Government Code §211.007 on November 17, 1998 at the City Council Chambers at 6 o'clock p.m. to consider, make recommendation, and take any appropriate action concerning a proposed ordinance to create a Condor Overlay District. p SECTION IL That the notice of the time and place for the joint public hearing on November 17, 1998 shall be given by placing an ad in the Denton Record -Chronicle and by mailing individual notice to each real property owner, as indicated by the most recently approved a n V d I 1r • r . .I y i. 1 y 'YOIAJi'.'0.1`~V4„1f10.DS~oWri~rAC~rIY POlgl.sl¢.s ! • `j { 1 ~sr municipal tax roll, within the proposed defined corridor boundaries of the proposed ordinawt, which is attached and incorporated herein as Exhibit A. That the notices shall be sent or published at least ten days before the proposed joint public hearing. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _ day of 1998• l "t JACK MILLER, MAYOR tr r ATTEST:.: JENNIFER WALTERS, CITY SECRETARY BY' APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY ; 1. iY i ,V ~.ice' ♦♦FI I ~ ~ e a / el yry 1' I PAGE2 - - I.r' 25 32x~❑ 1 d ~ ~ f 1 nli 1 t w•w.urt+R.t..'.•.,.. ..a,,..... u.•. _ _ _.~.,•....-..w....«.+w~rw....u~ww~.r,..-.M"..-. ~ ~ r - ,t, Ir I Exhibit A CORRIDOR CLASSIFICATIONS ; ♦ Gateway Corridors Gateway corridors are 1,000-feet wide overlay zones that extend $00 feet from the right- I ` i'C of-way center line for the following limited-access thoroughfares: F, • I-35 N; • I-35W; y a 1.35 E; and • Loop 288. t~ ♦ Estraseeway Corridors Entranceways corridors are 500-feet wide overlay zones that extend 250 feet from the right-of-way center line for the following segments of primary or secondary thoroughfares: • U.S. Highway 380 from Primrose Shrect west to the city limits; a U.& Highway 380 from Ruddell Stivet east to the city limits; • US Hwy 71 from 1.35N to Windsor Drive; • Teasley Lazx (FM 2181); I Fort Worth Drive (US Highway 377) from 1.35 E south to the city limits; • Locust Street (FM 2164) from Loop 288 north to the city limits; and . Sherman Drive (FM 428) from Loop 288 north to the city limits. a City Bmits: The regulations shall apply to property along the designated roadway that : is within the city limits. As annexation occurs along the designated roadways the 1 f regulations shall apply to the area annexed. } E i ry , y, ik lyy kq 25 Y, lJ 32X I 1 s 0 98-0%f~ ,a ri!a Na - - --Y _ xp •,da uem_ 5 Date _._/O AGENDA INFORMATION SHEET AGENDA DATE: October 20, 1998 DEPARTMENT: General Government CM: Mike Jez, 349•8307lMike Bucek 349.8333 ,e.UBJECT AN ORDINANCE GRANTING A LICENSE TO ACME : '.'!-K 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 casements 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 Nu. 83-86 and ultimately exteuded to 1998 by Ordinance No. 88.142. Acme Brick desires to extend the license right for an additional ten (10) years, Acme Brick presently purchases natural gas from facilities owned by Southweslem Gas Pipeline Co., which we understand operates facilities near Ponder, The only street right-of-way crossed by Acme Brick's pipeline is Hobson Lane. Our investigation into the actual location of Acme Brick's pipeline has resulted in a finding that the Southwestem Gas Pipeline Co. pipeline bringing natural gas to Acme Brick's pipeline crosses three other city streets (such streets howrvcr appear to have been constructed subsequent to the installation of the pipeline) and Southweslem has never obtained a franchise to provide such smice in Denton. Staff will coneact Southwestern in the near future to pursue the execution or & franchise by Southweslem or dctertnine wha: basis, ifany, Southwestern may have for bring exempt from such requirement. A cursory review orcity records indicates that the only natural gas franchise in Denton is held by Lone Star Gas Company, i I n ~ e' 3? x C~ ra',V i^~Y E , I i t. ~f Agenda Information Sheet Agenda Date: October 20,1998 Department: General Government Page 2 :k PRIOR ACT1ONMEVIEW (Council, Boards, Commissions) Natural Gas Pipeline Companies have the power of eminent domain and can determine location 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 controversy t 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 and was approved on first reading on October 6, 1998, FISCAL INFORNIATIO Hobson Lane has a right-of-way width of sixty (60) feet. We currently charge an annual 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 Acme Brick of e. 575,00. s Respectfully submitted I ~IJ chael W.]e C y anager 14 e i a i { 'S ~ t 1.r.nRhptdOw Ux.mmnMiw.nw+•.tArn+IM.1F.n 6rt ' ~ f ~ ~4 4y'i T 2510 32x10 t I 0 L '.i11411h IN.tilfl IN Mmmu M+e n M 11,~e Mr11 f t W H XL 1,III ORDINANCE NO. AN ORDINANCE GRANTING A LICENSE TO ACME BRICK COMPANY FOR THE, PURPOSE. OF MAINTAINING AND OPERATING A NATURAL GAS PIPELINE WITIIIN I I I E PUBLIC RIGII'I-OF•WAY OF TLlti CIIY OF BEN'rON, TEXAS; PROVIDING FOR A LICENSE FFE; PROVIDING FOR TIIE RLGULATION OF TEIL CONSI'RUCI ION, RECONSTRUCI ION, MAINTENANCG• AND USE THEREOF; PROVIDING FOR A SEVFRABILITY CLAUSE; AND PROVIDING FOR AN LFFLCIIVE DATE. W H ERFAS, 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 W111,RFAS, by Ordinance No. 88.142, Acme Brick Company, a Texas Corporation, was granted the right to install, maintain, and operate a natural gas pipeline within the street right-or-way / of the City of Denton until July I, 1998; and WIIF.REAS, Acme Brick Company has requested a rcncwal of its license right to maintain and operate the existing pipeline within the right-of-way; and WIIIiREAS, the City Council of the City of Denton, Texas, has determined that it is appropriate to grant the following license to Acme Brick Company in accordance with the terms t' thereof; NOW, TIIERFI'ORE; 'I HE C'OUNC'IL OF Tllli C•1I Y OI' DEN I ON IIFFREBY ORDAINS: IUN E'URPOSI'. A. '[he City of Dcnion,'hexas, ("City"), grants to Acme Brick Company ("Aeme"), the right and privilege to construct, reconstruct, replace, maintain, use, and operate within [he public tight-of-sway of City all necessary or desirable pipelines or other structures or appurtenances ("Facility" or "Facilities") in connection with a pipeline system for [he purpose of conveying natural gas, suhjccl to the conditions of this ordinance. I B. I he +ights and privileges )-.rein granted to Acme shall not give Acme any exclusive rigfit to the use irony portion orthc public righl-Ir Y and City may grant or Iietmit any other patty 1 • to make use of any public riglil-of-way, subject to the rights granted to Acme herein, ~I;C, I lOL! 13. LO('A I IUY OF S!'SIIIh1 ANI) PActI,IIIIIS A. Ilie license granted herein for the Facilities is only for [lie use of that portion of (lie public tight-of-tray crossed by llie pipeline at Hobson Lane, as shown in Exhibit "A", attached hereto and incorporated herein by reference. W City reserves the right to construct, reconstruct, repair, alley, and lay and permit to be laid, scw:r, gas, water, elcetr„ and Other cables, conduits, pipelines, and lines and to do and permit i to he done, any underground, sw race or overhead work that may be deemed necessary or proper by City, in, over, under, along, and across any public righ(-of•way occupied by the facilities Of Acme, 32 x d 1 vamp" 1 I , O i i ,e including any change of any curb, sidewalk, or grade of any street, In performing, permitting, or requiring such work, City shall rat be liable to Acme for any damages however caused, whether by the negligence of City, its agents, employees or otherwise; provided, however, nothing herein shall relieve any other person or corporation from liability 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 street, alley, sidewalk, curb, or other feature of any public right-of-way or property, or the location or manner of constructing any water, gas, sewer, pipelines, conduits, or any other surface or underground structure for any purpose whatsoever that shall be deemed necessary or required by City, whether undertaken i by City or another party, Acme shall, when ordered by City in writing, relocate, alter, change, adapt, or conform the racitities 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-of-Kay, SIX HON 111. TERM 'Phis license shall have a term of ten (10) years, beginning July I, 1998, unless otherwise Icrminatcd for any breach or default as provided for herein, SF:C'IION_IV. FEE A. Acme shall pay to City an annual license fee of $75.00 for the use of the public right- ' of-way herein granted. -f he first 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 1 :'z ar before July I. 11 I he 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 er provided for in any other ordinance, or any other lazes or assessments that may be levied as authorized by federal or state law. SGCHON V. REGULATION OF CONSTRUCI ION A. I'hat Acme shall obtain a right-of-way work permit and any other required pernmiU, as ^+i specified by Cily's ordinances, prior to beginning any construction, reconstruction, or other work that will require any digging, culling, excavation, or tunneling in, under, or across tiny public right-of- way. Any permit fires, inspection fees, or other fees established by ordinance, shall be paid by Acme, I and shall be in addition to tiny other fees provided for in this ordinance. It. All work performed in the public right-of-%2y shall be performed so as to minimize inferfcrcncc at disruption of the ose thereof by the public, in accordance with the directions of City's uuthorzed personnel. Acme shall comply with all other construction or permil requirements of City and the reasonable directions or orders of City's authorized personnel as to the hours of construction work, barricading requirements. traffic control and safely measures, and any other related directions or orders which are imposed 10 insure the protection of the public. W/ s 1 r i VAGE2 3210 0 u `i C. In emergency situations, Acme may begin work within the public right-of-way without first receiving the rcquircd penmits, but shall after beginning the work, apply for the 1 required permits thereafter within twenty-four (24) hours or as soon thereafter as is reasonably possible during the business hours of City. Any emergency work performed prior to obtaining ' the rcquircd permits shall be in accordance with the ordinances and regulations applicable to work performed under the required permits. An "emergency situation" shall only include the work on the Facilities which is immediately necessary to restore normal operations of tine Facilities after unexpected disruption and which was not pail 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 of the Facilities, or condition thereof, that are dangerous to life or property, and in case Acme. after written notice, fails or refuses in comply with the order within the time specified, City shall have the power to remove or abate the dangerous condition at the expense of Acme and without ' liability or compensation for damages to Acme, SECTION Vi. RIGIITS 1N 'I HE EVENT OF ABANDONMENT If C'i(y closes or abandons any portion of the public right-of-w'ay or property which contains the Facilities of Acme, any conveyance or hansfer of title or interest in the public right-of-way shall be subject to the right or Acme to continue to operate and maintain its Facilities therein in accordance with this ordinance. SFC"CION VII. IN1)I:hINI1 Y A Acme shall indemnify and sa:c and ?old hanuless City, its officer, employees, and agents from and again,,[ all claims, losses, damages, causes of action, suits and liability orevery kind, including all expenses of litigation, court costs, and atturney's fees, for injury to or death of any person, or for damage to any property, atising out of or in connection with the erection, construction, location, replacement, teconstruction, repair, maintenance, or operation of Acme's Facilities regardless of whether the injury, death, or damage is contributed la by the nc;ligcnce of city, its officers, agents, or employees, except that the indemnity provided for in this paragraph shall have no application to any claim, loss, damage, cause of action, suit, or liability resulting from the sole ncgligcnce of City, its officers, agents, or employees. ' II. Acme shall not make any claim against City and City shall not be liable to Acme for any damage to the I acilitics, whether actual or consequential, howsoever such damage shall be 4 caused, -A hetrer by the ncgligcnce of City, its agent, employees, or contractors, or otherwise. C, Acne 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 I acililics, or any part thereof. r d D. Any claim made by Acme against any property onrocr adjacent to llic public right•of• 0 1 ' a ey where the Facilities arc localed for negligence in the manner of constructing any impruvemcnts or performing any work within the publ,, right-of-way, wlicn the improvoncnls or work are authnrircd by City, shall be limited le actual damages to the I acil lies, and no claim for consequential damages shall be made. "i PAGES 3 32 X I Q. K ~a; 7 Ei i 0 1 • I i SECTION VIII. RECORDS Acme shall keep complete and accurate maps, construction drawings, and specifications describing the location of the Facilities within the public right-cf•way, copies of which shall be supplied to City upon request. TIO . NO77C& Any notice or communication required to be provided under this ordinance shall be sent as follows Notice to City will be to: Notice to Acme will be to: City Manager Steve Finchcr i City of Denton, Texas Acme Brick Company 215 E. McKinney 220 E. Daniels Denton, Texas 76201 Denton, Texas 76101 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 shall 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 hereunder and to be bound to the same extent as Acme hereunder. SECTION xl.FORUHILIRV, A. If Acme should violate any ofthe terms, conditions, or provisions of this ordinance or if Acme should tail to comply with any reasonable provisions of any ordinance of City regulating the installation, maintenance, or operation of the Facilities and should Acme continue to violate or fail to comply with the some for a period of thirty (30) days alter Acme is notified in writing by City to correct or remedy the violation or failure as specified in the notice, then Acme shall be declared to I" - have forfeiteu all rights and privileges granted by this ordinance as provided for herein. IJ. Any forfeiture shall only be declared upon written decision of the City Council of City after a public hearing before tha Council at which Acme shall be given notice and an opportunity to respond and be heard as to the alleged violation or failure to comply, C. Upon forfeiture, Acme shalt promptly remove all of its Facilities from the public right-of-way and restore the surface thereof to the same or bolter condition as existed prior to removal, all at the sole cost of Acme. 5ECT7ONxl[. MISCITIANEOUS A. the obligations and undertakings of Acme and City under this ordinance shall be performable in the city of Denton, Denton County, Texas. 1 PAGE 4 32x~ r»~ '4 J r w.....n.s '1^.":. S*P `Y~ITI;M~QM1Gda.19,:M.T wl4wr.J[5~'Ih`fM'•..X.i~MNnW.YT;~tRIClYk4.•fNnii'4 Y9 YMgw.Nk~ ~ 'W'Yas. 1 b. This ordinance shall be governed by the laws of the Stale of TeK9s and the Denton City Charter. r l' 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 (hereof might be inconsistent or in conflict with the provisions of this ordinance, the provisions of this ordinance shall govern and control over such conflicling provision as to any provision of this ordinance. D. Continued performance by either party pursuant to the terms of this ordinance after the default of any of its terms, shall not be a waiver of any right to cancel or cause a forfeiture of any right held under this ordinance, and no waiver of any default shall be construed or act as a waiver of anysubsequentdefauIt. E. Nothing herein relieves Supplier of natural gas to Acme Brick Company from complying with all applicable local, slate and federal laws inciudirg provisions of the Denton City Charter. SECTION XIII, APPROVAL AND ACCEPTANCE z a, In accordance with Section 13.02 of the City Charter, this ordinance shall become effective twenty-one (21) days after final approval, if, before [hat dale, Acme shall give its vrilten acceptance of [his ordinance by signing as provided below; and provided that, after final approval and before the expiration or twenty-one days, the full text of this ordinance shall be published once each week for two (2) consecutive weeks in the ofricial newspaper of City, the expense of which shall be borne by Acme. Acme for itself, its successors and assigns hereby accepts this ordinance and agrees to be bound by all of its terms and provisions. f, SIGNED this day ofv 1998. r ACME bRiCK COMPANY BY: E 3 IA. SEi) AND APPROVED on first reading this the Jt/l day of ' 61' 1998, by a majority vote of the entire City Council of Denton, Texas. JAC ILLER, MAYOR ~Tr PAGES -'32X10 OWN" ti i tr^.SN.aP'!'iVtiR°.'%'Ji~}251'AAa~~T.'j14.1'+.'.'C~iN,Yr1p4K/M r +1Al.rfry!p i i i. r' PASSED AND APPROVED on second reading this the day of • 1 1998, by a majority vote of the entire City Council of Denton, Texas, i I i JACK MILLER, MAYOR ATTEST: JENNIFER WASTERS, CITY SECRETARY a, BY: - APPROVED AS TO LEGAL FORM: I IERBERT L. PROUTY, CITY ATTORNEY BY:df~l'<i CC ' I T ' t. ry i PAGE 6 a NMI o I _ JL. ll I _ aL. all,1 LL ~nlrrn,rannr RMw I FIC;. rr-i.io SO" Y> r\ <3 t, llrli tor:w ~i~I P 1 t 44448 tas. 41 ou.rLS UK& iiiak SAUS LL SRrLRAR Okv[ IAP*Pk*El Avg 0400 Ac,F1Q L1ft0 HOBSON 1l3 }.8f3f xavn ~ Ig.4p+p$ VI ►R.«, ter. -10 C2 ° COI! X TIMM COW L& 4 No RCITO o R RRR•T Rio + a al ' -J - • - • u caLna v , i, i , lsvt ill3 i~ L.-•-•-•-•-• _ EL PASEO s 0 U -F -h A+ Ir"K JS[lAfrUM .-.-.-.J ~ In.. lCIIlM10 k to ~ . I' y tRMti+00 i . + 4. Q 0 ~ 4 Exhibit +A" Ona'ck Two Pages RYAN 32 X s ' ORION. MNNK% n I i 1IN P., A, } r a K..., . • . L..,I,.,,, 9M l+ge " v -I: ul ODSON f S r1 ~t n' e4t LANE[.. • Il/r' 0101CA714 fop •WIDENING x.11►M~w all s 14011 la' Rt lao-. u5o - Ixs xso la / 'ISO I10 [4 1 / a,~ 51 IS fut [L 1 1-01 `►I1W~1, istf~ tI 9 t 7 rr : e n S e 4 t 2 I f= 1 1 S/' i• - 7 it, of sa!t__ - •j x I.It 1141,16 Mo 1210 ~~'•J, MOLE12SO 12§0 Its a _ •~'1'- H I ? e'+,~ e0 I Si i 1256 It his 1700 136 all al t ' I n•, • 1 L to 61 x ss e 1 10 10 0 9 9 1 qp S c I o p ° Y J - - - I- n I J 3 n S IMO 1210 1250 1: so it I'M 1230 1250 13445I I , ooo .00 100111 i 11 ^ O b 11 ''JUI~II ; o i I ° g II 12 I! g 11 ° I6 "r~~`O 16 ~ 4 1 i~15 I ( .35 1 t 1 ^S oil J; 1SS 1210 1 t230 I250 011 mile 7N 12 eN H{4HVfEA-.._tHl letX 0011111 `90 I 1 ! t ; -l p', ! L xO- [1S( Ni w I h• ` - x - ~i qOO 1730 I I! o 1286 • F { `i • 0~ 13 ~ .g ~j 22 R 21 0* 20 le 2 $ ••~'kr ~ I 1 I g A Z f` i' IOT ~T 1350 125O 1250 R5O .1000 Soo 2 14124 USf IISf I O • 1 NSIO • , b R. 14 23 O g 24 8 to R ?e 97 ~ 2e 1 } ~ ~ a I ~ q r 4f +I ° ~'73' •1, 161.0' 1.5131 Nl 1tr•1 ~~s - t I 1 ISO Ilia 00 121 i2fill ~~~■~i• Exhibit "A" - One of Two Pages K n- 32X10 0 1 F r •.y.c, rr-. .".'~7'ti. t ,1 'i3:'n...-. ...,,''C,T.n.?.rn~]ry'SM•:R'+F!'G6e'tA'w.[.5.*J ti1:e -t(~<r~.JSe:~/crtJi~ .ae~waati _~,fly Agenda No k Agenda _LI//1eIn~Lm_,ft Date 'j AGENDA INFORMATION SHEET AGENDA DATE: October 20, 1998 I,3PARTMENT: Eegineerlog & Trassportatbs CM/DCMMCM: Rkk Svehla, Deputy City Masager ~rJ Y SUN CONSIDER AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND TEXAS INSTRUMENTS, L4C. RELATING TO THE PURCHASE OF TWO TRACTS TOTALING 0.251 ACRES OF LAND FOR THE EXPANSION GF U.S. HIGHWAY 77 (PARCEL 10); AUTHORIZING THE EXPENDTI'URE OF FUNDS THEREFORE; AND PROVIDING .1N EFFECTIVE DATE. BACKGROUND Lewis H. McMahan, V. P., Texas Instruments, Incorporated has executed a Real Estate Contract for the required right of way for the U.S. Highway 77 Widening Project. The property located on the north side of U S. Highway 77 betweext Riney Road and Bonnie Brae (T. I. Plant site), The contract amount of 54,783.60 represents the rsir market vahre 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 ACr[ON/REVIEW (CounciR Bards. Commixioml The Planning & Zoning Commission recommends approval. FISCAL INFORMATION f The purchase price is $4,783.60 plus closing cost of approximately $500.00. • M_P I Attached. j Respectfully submitted: r~ • )art' t r, Di *or • i Pre aced Engrg &on Paul Williamson. Right-of-Way Agent y . I .r.. A,S,~`$R~y'~:':4• 25 X j u' I, j r 32X10 1 t 1 < 1 ' y. . O . l ~ ....'n u. i.. ..,nay.. <.i., ......r.. o•. ~.:w..n >..n `wrv,+: w'e. e+.,.i.. n. r....... ~ 1 . I ill I1 { ~v.w M4w.~r..ti' 1 III I I IrJ SGLE iii , I ` ~.,I~ IL5 U ns I_aaP 438 . Vi J7 ~ ; .I i I 40 40 I e r M 0 Sys r R I LOCATION MAP r ~rl -.5 -a-m 32X Io I YQY~IO i y ` , • O r ;i0;1 TEXAS INSTRUMENTS, INC. ye; VOL. P0. PART I 77 S.f.OR 0.002 AC PART 2 10027 S.f.OR 0.219 AC. J. ' TOTAL 10901 S.r. OR 0.251 AC. ~y r» 169256 AC. art 10 REM. . 1~PART ,,I PART J) f ~o 4 "PART 2 P. ~ lyrnl/'L H1.9P in tPOn 4 a -ah»a i6rt or liv tm 'r V i • J. S. COLLARD SURVEY ABSTRACT NO. 297 ` r = 't 1 .4 SITE MM 3 Min ( 2 K~ 32Xio 0 ` u l Planning and Zoning Minutes July 23, 1997 Page 2 Ms. Schein: Are there any other nomiudons? If there are now, nominations am closed. We will vote on the rriminees in the order of their aominahon. 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 Enge£breebt please raise your right hand. (Vote - 3) As many as are In favor of Ellen Schein please raise your right hand. (Vote - 4) The new Chair person by majority Is Ellen 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. Ms. Schertz: Are there any further nominations? Mr. Moreno: I would nominate Jim Engelbrecht. Ms. Schertz: Are there any further nominations? Seeing none, nominations an closed. As many as are in favor of Bob Powell, please raise your tight hand. (Vote - 4) Seeing there Is a majority, the new Vice-Chair person will be Bob Powell, Congratulations. 111. Consider approval of the minutes of the July 9, 1997 meeting. Ms. Schertz: Are then any corrections? Seeing none, the minutes will stand approved as written. (~f 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 1-35. 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 I.35. T 0 Ms.Oatszer: Second. ?4s. Schertz: Is there any discussion? All in favor, please raise your right hand. Motion passes. (7-0) V. Consider snaking recommendation to the City Council for the acquisition of the Right-of- Way for Lakeview Boulevard. t➢ Mr. Powell: I move that we make recommendation to the City Council for the acquisidon of the Right-of-Way for Lakeview Boulevard. .Mr. Engelbrecht. Second. 4 {1 ^S 10 32XIO s , 0 YM.LOI WIi JIUJlA'Vf1OLd p,wsrpa.~~wleu L..er,r ORDINANCE NO. AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND TEXAS INSTRUMENTS, INC. RELATING TO THE PURCHASE OF TWO TRACTS TOTALING 0.251 ACRES OF LAND FOR THE EXPANSION OF U. S. HIGHWAY 77 (PARCEL 10); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE, - THE COUN,7L OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. That the City Manager is hereby authorized to execute a Real Estate Contract between the City and Texas Instruments, Inc., 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 two tracts totaling 0.251 acres of land for the expansion of U. S. Highway 77 (Parcel l0). SECTION 11. 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 1948. j JACK MILLER, MAYOR i ATTEST: JENNIFER WALTERS, CITY SECRETARY • I. APPROVED AS TO LEGAL FORM: • HERBERT L. PROUTY, CITY ATTORNEY p BY: c ts~.~ 5 a.t n 2 x i G 32 I O 0 I o 1 REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by and between Texas Instruments, Incorporated (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 anti 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"), 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 p.y all cost for the removal, installation, construction, reinstallation, reconstruction, labor and materials for any I 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 t. Amount of Purchase Price. The purchase price for the Property shall be the sum of $4783.60. S i.. Payment of Purchase Price. The full amount of the Purchase Price shall be payable in cash at the closing. I PURCHASER'S OBLIGATIONS :he obligations of Purchaser hereunder to consummate the O :nuisactions contemplated hereby are sub;ect to the satisfaction ~ O 0 vf, each of the following conditions any of which may be waived in whole or in part by Purchaser at or prier to the closing. 6 1, i . 3 2- s t A 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 or unwilling 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. 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 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. There are no parti•.s in possession of any portion of the Property as lessees, tenants at sufferance, trespassers or other parties. 2. Except for any 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, regulation!, statutes, rules and restrictions relating to the Property, or any part thereof. 0 AEEOOBTE PAGE 2 7 - Vk { .yy a r ~Cl 32 x0 MOAK e o , l , 4. To Seller's knowlt ge, 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 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 REOUIREMENTS 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 "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 year of closing and subsequent years not yet due and payable; 2. Any exceptions approved or waived by Purchaser pursuant to Purchaser's Obligations hereof; an; 3. Any exceptions approved by Purchaser r in writing. B. Deliver to Purchaser a Texas owner's Policy of Title Insurance at Purchaser's sole expense, issued by Dentt•.r. Title Company, Denton, Texas, (the "Title Company"), or such `itln company es Seller and Purchaser may mutually egret -)on, in Purchaser's favor in the full amount of . the I+ur-base price, insuring fee simple title for the , Stato Texas to the Property subject only to those p, title exceptions listed in Closing Requirements hereof, AEE006 M PAGE 3 8 .~r' ~ 95 x; 10 32X q 0 KAIM" 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 Purchasers ` 2. The exception as to restrictive I covenants 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 ex^eption as to liens encumbering tha 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 as referenced in the "Purchase Price" section of this contract at Closing in immediately ava.llahle 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 A and purchase of the Property not specifically allocated herein shall be paid by Purchaser and Seller. • REAL MATd CaVISSION j All obligations of the Purchaser or Seller for payment of Brokers fees are contained in separate written agreement. F 1 AEEOOM PACE 4 9 r} 'i ~c abTM.~.. 4<<~ x 0 32 10 .w 7 op e I6 War" BREACH BY SELLrR In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall tail 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 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 deemea received wnen sent by United States mail, postage prepaid, certified mail, return receipt j requested, addressee to Seller or Purchaser, as the case may ba, at the address set forth beneath the signature of the pa:ty. 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 thq parties created hereunder are performable in Denton County, Texas. { 5. Parties Bound. '.'his Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, p executory, administrators, legal representatives, successors and 0 assigns where permitted by this Agreement. AEE0081*E PAGE 5 to 10 32 X 0 ussumdo 0 twran 6. Legal Construction. In case any one or more of the pro- visions contained in this Agreement rhall 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 Essenco. Time is of the essence in this Agreement. 9. Gender. Wor's of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular nsmbcr 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 Pur-.;!:aser should have the abstract covering the i 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 seller, Purchaser shall have the righL to terminate this Agreement upon written notice to Seller. AEEOOBrE PAGE 6 a ~ 10 "12 x Amod Ii r.,,nl T r , ' v . 0 o vl I DATED this _ day of , 1Q98. SELLER PURCHASER Texas Instruments, Incorporated THE CITY OF DENTON, TEXAS BY: BY: NAME -,Lew, 6 I) TITLE: ✓P, T-C City Manager 215 E. McKinney Denton, Texas 76201 STATE OF TEXAS i COUNTY OF DENTON This instrument i cknowl d ed be ore me, on t i .Q day oS r 1998 b i , , Tex Instruments, Incorporated, a 1yl W S r-a. 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 corporation. NOta y Pu is in And for The :state of Texas NANCY C. NANCE { I r 1 AEE00er6 PACs r 12 + t,V ~ ~ i 1W r E r, » 1 a ROOM p• i STATE OF TEXAS 1. COUNTY OF DENTON This instrument is acknowledged before me, on this day of , 1998 by, Michael N. Jez 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 x` 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 1 . >A fi' 1 AEP'l FACE 1 1 13 , ~a 32 X 25 s "raw , 0 Counn Denton EXHIBIT "A" Highwev U.S. 77 Pepe 1 or q Project Limits; From H. 36 To U.S. 380 Rev' February 11, 19?; CSJ: 0196-02- Account FIELD NOTES FOR PARCEL 10 BEING TWO PARCELS OF LAND SITUATED IN A CALLED 1189-607-ACRE TRACT, BEING A PART OF TEXAS IN STRUMENTS ADDITION, LOT 1, BLOCK 1, RECORDED IN CABINET 0, PAGE 48, MAP RECORDS OF DENTCN COUNTY, TEXAS I CITY OF DENTON r DENT N~ COUNTY, TEXAS, AND IN THE MORS. COLLARD SURVEY, E PARTICULARLY ESCRIBED AS FFO, LL 04 Part One COMMENCING for reference at a found 618-Inch Iron rod for an angfe point fn the nosh line of said Addition, same being in the southerly line of Loop 288 (a variable width right of wayl; THENCE S 830 09' 32" W, along the north line of sold Addition and the southerly right of way ane of Loop 288, a distance of 2.68 fast to a point In the a stary right of way one of Bonnle Brea Road (a variable width right of t wayf; THENCE 7 070 12' 25" W, along the westerly line of Amid Addition and the easterfy right of way Ilma of Bonnle Bras Road, a distance of 038.81 feet to a 618-Inch Iron rod with an aluminum cap net In the new northarly right of way fine of U.S. 77 for the POINT OF BEGINNING; e THENCE S 680 11' 38" E, along the new north right of way One of U.S. 77, a distance of 14.25 feet to a 3,8. Inch Iron rod with an aluminum cep; THENCE S 310 48' 24" W, a distance of 9,48 feet to a 6/8-Inch Iron rod eat In the cutback line to Bonnie Brae Road; J THENCE N 290 01' 49, W, along sold eutbsck line, a distance of 14.69 feet to a p,rfnt In the east right of way 1 One of Bonnie Brae Roid~ THENCE N 000 12' 26' E, a distance of 2.71 fast to the POINT OF BEGINNING and containing 0.002 ecra, or 77 square feet of lend. Pen Two COMMENCING for reference at a fence corner found for the southeast corner of said Addition in the north right of way fine o' 41ney Road (a variable width right of weyl; THENCE N 881 51' 44" W, along the south line of said Addition and the north right of way lint of Riney Road, a distance of 328.79 fat to an anofs pol i ~ nh , {v 174ENCE N 730 13' 24" W. continuing along sold ot'rnmon tlne, • distance of 77.24 fat to • sot 1111-Inch Iron ! rod with an sluminur cep for the POINT OF BEGINNING, also being a point on the new nosh right of way One of U.S. 77; (1) THENCE N 73. IT 24" W, continuing along a W common to sold addition and sold Riney Road, a • dlstame of 12.72 fat to a point in the skirting nosh right of way line of U.S. 77t 0 • (21 THENCE N 68' 08' 24' W, a" a One common to the ex4tlno north right of way tlne of U.S. 77 and south fine of said Taxes (nstrumsma tract, a distance of 814.14 feat to an anofa point staaN 14 r~ 25 " 32Y.~Q . F , • O 1 i EXHIBIT "A" County Denton page 2 of ; Highway U.S. 77 Project Limits: From LE .33 Rev. February 11, 1995 To U.S. 38 CSJ: 0195-02 . Account: FIELD NOTES FOR PARCEL 10 131 THENCE N 684 09' 24' W. along said common line, a distance of 350.14 feet to a met Ole-inch iron roc with an aluminum cep being a point In the new north right of way line of U.S. 77; THENCE along the new north right of way line of U.S. 77 as follows f4i S 800 53' 06" E, a distance of 37.11 feet to a at 519-inch Iron rod with rA aluminum cep, (6) S 680 1 1' 36" E. a distance of 518.08 feet to a set 5/8-inch Iron rod to, th an aluminum cap, C f51 S 64" 44' 59" E, a distance of 199.79 feet to a set 618-Inch iron r, d with an aluminum cap, and 171 S 58' 11' 38" E, a distance of 424.84 feet to the POINT OF BEGINNING and containing 0.249 acts, or 10,827 square feet of land, more or lees. , t' Thomas William Meuk Texas No. 5119 Oeu tiPS v ` OF y f ~j ? o~9,~t 7110~ NABS WAM WALK r ; s1t9 SUR~ E . ii f i { 15 a>,rrn ; , ~ , 10 o o 7tiaar D.pwo.er et'nao,paudm Qt82Ar: ~a" ( ' tiwm D-Il-14 !tip 1 d! F.W. "I DEED nM STATE OF T11 US COUMYOF KNOW ALL MEN BY THESE PRESENTS: That, of the County of , Stu: of Tom, heraWa!!er referred to a Granton, whether one or more, for erd In ooealderuloa of the arm of hand paid by the Stu: of Tears, actin gb Dogm 1 to the texas SYar~eparndon -Iprorsof which to hereby 1 ~oeuNaaton, race' owled, and far & upressed by' 'Ad this day Sold and by these p esaua do Grant B ' ehher or have argain, tract or pamel of Iand in ~~anpd~ty.~anvey unto the State at Tnxas an thu oentirt hibit "A,"which is etuohed hereto end hxorporated • more PA lady detcrjbed is Ex. any and a1! pmpoaesr SAVE and EXCEPT, HOWEVER, It Is aapmaly understood and speed that Grantors ate retaining title to the following improvemaua iacsW nn the property descr bed In uid Exhibit "A," to wit of Grantzors covenant and acme w remove the aboveduasbed improveatants uid land by the day 19, , aubf ect, however to such extensions of thm as may be F Iced by the Star In wrhing; std !f, for any reason, Grantors ~ f or io&u to ranove wne widrin aald period of not so mno~ ~~ahalj pees to t ARY &rdw S° on,t the to all Of my Part Of such 4nproverneaq end Von In the of Grantors inn urns merve a all of the oD, j~uaa and sulphur in and under the Lad herein conveyed but waive all rights S Press to the mdace thereof for the of expiorin`, developing, mining or drolnt for same; however, nothing In this reservation shall =go and rights of the State to take and use s>! other minerals snd matedsla thereon, .4emb1 and there m&-. 0 i I 0 0 I . I i ;6 r tl r 4 ' ~ y IL.JI .~y' I~ 11 ~ I r 5 32 x O t Tams Depum ew of Tneyomyo« Par i ots Rau. 9Nl TO HAVE AND TO HOLD the i tingulu the rfr<hra sad ~"~ea hmeia deudbed and helelD coaveyed together with a2I and forever, and raaron dthereto In my wise belw&g vp,r heirs, emtmto ~aadminiatntars, mtxesso and u s signs to Wanant and Forever Defend ail and lingtltar the acid hmeda emmyed mrto the Stue of Texas and ire assigns against every par whot Esoemc Ia yw~l claiming or to Cydm fhe same or any p L thereofsby through or under Grantors but not otherwise. IN WITNESS WHEREOF, this imwment is execotad on this the day of I THE STATE OF TEXAS, ACKNOWLEDGMENT COUNTY OF, BEFORE MX the uodasltned, a Notary Public, co tMa day penoamily appeued knows to me (or proved to rte on the orb of , a aedible witnea.) to be the permo(s) wbose ounc(e) is (on) sobsrnbed to the fotet~i imesrsuneat and ad=Madsed to me thr baMMbey emmted the nme for the potposea mod ow ddeluim the eio espmxmi OWEN UNDER MY HAND AND SEAL OF OFFICE. this day of Noisy public. Sure of Tm" My commLim wq6" a dr 4y d 19, THE STATE OF TEXAS, C02PONATI Ar.KNOWLBDGMENT ` COUNTY OF i BEFORE ME. the umlenisaed, a NOWT Publle, ea tbb day penoedly appeared • me to be the pesos mod officer wbom man Is m seeUW eo the f Wommmt sad ' oowa to was the to of the eaM atAstowledged to e wa ddy nttborised to perform the byname appropdw m mhtaar of the bond oldheaasr of and ea~p~ oa d~ hW war wmed the smme n the ad of aoeh capotmdm to ft pa and thr ha/ehm a~dweia cooed. PmP rod oomdferrlam threis apeeasad A red d in the oaparlq , GIVEN UNDER MY HAND AND SEAL OF OFncK this _ say ot? N" PdAK lire d Tar My CommWW mt0m co the day of l 7 3 iJ O IyP.J b. f A OAMM o l r~ Panel No. 1 O ~ only ~ b Highway No. _ z I 00 Control Sec. • ' lob Account or Fede o. 0. From., DEED b m 7M SSTA7 Tp Hgg,~g MW Fllra or RtcoN • day of A. p,19_._. , o clock M: Thb day of Recorded A.U,7v=, In • County, ~p, R P, o - I • Book i, 4' f' • 3 t ri Z 0 I , Agenda No AGENDA INFORMATION SHEET ADenda fie~m~ _ Daft AGENDA DATEi October 70.1998 DEPARTMENTi Rogiaeering & Tramportadoo CM/DCM/ACM: Rick Svehle, Deputy City Manager SUBJECT CONSIDER AN ORDINANCE APPROVINO A REAL ESTATE CONTRACT BFTWEzrN THE CITY OF DENTON AND MARY ANN BURCH AND MITCH EDWIN MULLENS, RELATING TO THE PURCHASE OF 0,157 ACRE OF LAND FOR THE EXPANSION OF U.S, HIGHWAY 77 (PARCEL I8); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND Mary Ann Burch and Mitch Edwin Mullens have signed a Real Estate Contract for the required right *(way for the U.S. Highway 77 Widening Project The property is known as 3716 N. Eh7L The existing use of the property is a rental duplex, The contract amount of 53,834,00 represents the fair market value as determined by an independent appraiser and reviewed by a separate appraiser for conformity god as required by the Texce Department Of 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, CommWjQjW Th outing dt Zoning Commission recommends approval. FISCAL INFORMATION The purchase price is $3,834.00 plus closing cost of approximately $500.00 MAP Attached RespecdWly submitted: 1 l hector Prepared by, Eo eering & Transportation Paul Williamson i Right-of-Way Agent 1 i t I r a ti hW 3'' 10 S r O ~ r I StliLl~ 1 I ~ Ij 1 I I f AC scant 0.1 ~ ~ `i~`r'r, 1_yA. MV/r.~,• ~Ne 1!L '/~"-r^ tlr" ~ I~ I` r Wlr. ~ r I iA^~ f t low n es SITE II I~ r ~ I r t 1!r r I .4 , ♦ti~40 ~ w LOCATION MAP 2 25 32 x 0 a . O reaxsr.~ MMMWMN { FWD 5 Is • R PQQ~ 1 lot Jj~~ 3 H ( ; O's so, e - , G~•' f E rs 3~3s' E S 58 E GET W V' M .ice;' F1A'IR'.ilt• M t ' I MAW 7 N 58' ~7'S9" W 10 110.00 113.78' N 57.8917" W • . ,1• ,I ,1 77, , . 1 • • ,I , ,I I 1 11 1 , 1 1 ,1 1 r. , • r I I • I 1~ L~r Y SITE M 3 32X Y I • a _ I • llanniinglan zoning Minutes Page 2 Mi. •Sc : Ara aq other nomiaadont? If there ate none, aomfnad~As an closed. nomtnea in the order of their nomination. I wi?J list their name and then after I am through if you will raise your right head if you ace In favor. As many as are In favor of ft Engelbtecht please raise your right hand. (Vote - 3) As many as are . In favor of Piles Schem please raise your right hand. (Vote - 4) The asw Chair person by majority is Men Schein. Thank You. For the second nominee we will be electing Vk&Chafr person. The floor Is open, Ms. Apple: I would Un to nominate Bob Powell. Ms. Schein: Are there any Auther nomlasdons? Mr. Moreno: I would nominate Jim BagelbrechL Ms. ScberW Are there any flnrther nominations? Seeing Done, nominations are closed.' { As many as are in favor of Bob Powell, please raise your right hand, (Vote - 4) Seeing then is a majority, the new Vice-Chair person will `;a Bob Powell. Congruulations. 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. (~(f IV, Consider making recommendation to the City Council for the acquisition of the Right- of-Way for U.S. 377 from RM. 2164 to 1.33. Mr. Powell: 7lut's not 377 but is 77, Ms. Scherm: You are correct. Let the minutes reflect that. J Mr. Powell: I would move that we reeammend to the City Coumll the acquisidon of Rigbr-of•Way for US 77 from FM 2164 to 1.33. r I Ms.Oanzer: Serood. Ms. Schertz: Is there any discussion? All 14 favor, please raise your right head. Motion passes. (7-0) V. Consider makioS recommendation to the Chy Cotmcfl for the aogaisidon of the Rl&-ot ' Way for Lakeview Boulevard. Mr. Powell: I move that we matte recommendadon to the City Council for the Uquisitlon of the Right-of-way for Lakeview Boulevard, Aft. Engelbrechv Second. a QEl 32XIO t ; p + f ORDINANCE NO. AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DEMON AND DIARY ANN 9LrKCH AND MATCH FDWIN MULLENS, RELATING TO THE Pi .CHASE OF A 0.157 ACRE OF LAND FM THE ENTANSION OF U.S. HIGHWAY 11 (PARCEL I I); AUTHORIZING THE EXPMTURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION • That the City Manager k hereby authorized to execute a Real Estate Mitch Edwin Mullens, in substantially the Contract between the City and Muy Ann Burch s. form of the Real Fstate Contract which is attached to and made a part of this ordinance ror all purposes, for the purchase of a 0.151 acre of land fit the expansion of V S Highway 17 (Parcel l8>. , WA MM That the City Manager is authorized to make the exlwoditures is set forth in the attached Real Estate Coutrad. SE!:!1)NjIL That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 199tl. JACK MILLM MAO:t ATTEST: JENNIFER WALTERS, CITY SECRETARY I BY: APPROVED AS TO LEGAL FORM. 1 HERBERT L. PROUTY. CITY ATTORNEY 1 Y BY:,~ a o o FL .11 5 r 2 5 x 10 32 } x10 1 r O 1 iM I REAL ESTATE CONTRACT STATE OF TEXAS COUNT? OF DENTON THIS CONTRACT OF SALE is made by and between Mary Ann Burch and Mitch Edwin Mullens (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 +ithin the property described in Exhibit "A". Any improvemr, is not removed by January 1, 1999 shall become property of the CiLy of Denton, Texas. PURCHASE PRICE 1. Amount of Purchase Price. The purchase price for the Property shall be the sum of $3839.00. 2. Pa Went of Purchase Price. The full amount of the Putchise Price shall be payable n cash at the closing. PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to consummate tt,e 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 Re ort, Within twenty (20) days after the date hereof, Seller, at Seller's sole cost and expense, shall l i AEE008FE PAGE 6 C1 32XIO 4 1101 0 r I 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. Surv.U. 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 courser, 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, they. 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 urr,ble to do so within ten (10) days after receipt of written notice, Purchaser may terminate this Agreement, and the Agreement shall th- eupon be null and void for all purposes and the Escrow Deposit shall be returned by the Title Company to Purchaser. 0 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, 4 and ;omplied with by Seller prior to or as of the closing. 0 • i AEEOOBFE PAGE 7 25 K. 10 32 x I O ~q • 0 i}tNQS11, 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. 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 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 j The closing shall be held at the office of Dentex Title Company on or before November 300 19980 or at such title company, time, date, and place as Seller and Purchaser may mutually agree v..pon (which date is herein referred to as the 'closing date'). CLOSING REQUIPENENTS 1. Seller's Requirements. At the closing Seller shall: 0 A. Deliver to estate of Texas, acting by and through the Texas Transportation Commisaien a •+,sly executed and acknowledged Deed in tha form as cttached hereto as Exhibit "S" conveying good &YA marketable title to all of the Property, free and clear of any and all liens, encumbrances, conditions, easeaents, arsessmenta, and restrictions, except for the following: ~ q q AEEoDere PAGE _ 8 o I 1. General real estate 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 here- of; and 3. Any exceptions approved by Purchaser in writing. B. Deliver to Purchaser o 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 Sellet 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- j 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 encurberinq „ the Property shall be endorsed "None of Record". C. Deliver to Purchaser possession of the Property on the day of closing. 1 2. lurchaser'a Requirements. Purchaser shall pay the consideration as referenced in the "Purchase Price" section of this contract at Closing in immediately available funds. AEEDWE PAGE _ 4 ,;,»r;: ~y K IJ 32 x ~J e 0 a 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 Purchaser and Seller. `I REAL ESTATE COMMISSION Any real estate commissions occasioned by the consummation of this Agreement shall be the sole responsibility of Seller, and Seller agree:: to indemnify and hold harmless Purchaser from ari;+ 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 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. MISCELLAFEOUS 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 +repaido certified mil, return receipt requested, addressed to feller or Purchaser, as the case may be, at the ! address set forth beneath the signature of the party. Q • AEEOOBTE PAGE - 10 32 x~~ 0 r cneaaw 4. Texas Law to Apply. This Agreement shall be construed j 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 In- validity, illegality, or unenforcvability 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 Su ersednd. 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 shall promptly execute a memorandum of this Agreemezi` 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 abstract covering the Property examined by an attorney of Purchaser's own selection. 0 f' 12. Time Limit. In the event a fully executed copy of this Agreement e'not been ret%:rned to Purchaser within ten 1101 days y after Purchaser executes this Agreement and delivers same to Sel- ler, Purchaser shall have the right to terminate this Agreement e. upon written notice to Seller. AEE008rE PAGE _ 11 F m • 0 DATED t day of , 1998. t SELLER PURCHASER THE CITY OF DENTON, TEXAS YkG BY: Mary Ann urch Michael W. Jez City Manager ~ 215 E. McKinney 4iitch Edwin Mullen; Denton, Texas 76201 STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this day of , 1998 by Michael W. Jez, City Manager, of tho 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 lie 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 staled, I 'I Notary Public in and for the State of Texas STATE OF TEXAS COUNTY OF DENTON V I ! This instrument is acknowledged before me, on this day of 1998 by Mary Ann Burch. "CE9 N. o ry Public In and or 1 ! M ti the State of Texas O ! 9 as'°~~ L9y10IZ AEEOOBPE PAGE 12 ; st *..~r 75 x 10 32X10 01 I L . x r . r . 1 r j r v S I a L STATE OF TEXAS COUN1Y OF DENTON This Itrument is acknowledged before e, on thi p da of u y LdR~ 1448 by Hitch Edwin ?lull I Al J, J Nota Publ c n and or ~OdE11 N.I4R10gSCtl the State of Texas low ..f~" vi: r,I t f r f ~ML I ,y' I Ix Ag"eh uEOOSFZ PACs 13 8M IF4 Nlti-~'' >.;f :25 32X W, o 0 l tea.. EXHIBIT 'A' County Qj~gD hoe 1 of 1 Highway U.S. 77 Project Limits: From l,d~3i1 Rev. October 27, 1994 To U.S. 3110 Acc Account: t: FIELD NOTES FOR PARCEL JA BEING A PARCEL OF LAND SITUATED IN A CALLED 0.620-ACRE TRACT CONVEYED TO REZA SASRI, RECORDED IN VOLUME 1700, PAGE 648, DFSD RECOADS OF DENTON COUNTY, TEXAS IVADCTI, AND BEING SITUATED IN THE N.H. MEISENHEIMER SURVEY, ABSTRACT No. 010, CITY OF DENTON, DENTON COUNW, TEXAS, AND BEING MORE PARTICULA4LY DESCRIBED AS FOLLOWS: COMMENCING for reference at a found 641-inch iron rod for the northwest comer of eald Sebri tract, same being the northeast comer of a erect of Ivhd conveyed to Kenneth L. Davidson and wife, Helen L. Davidson, recorded in Volume 684, Pegs 326. DROCTI THENCE S 36.38' 17• W, along a One common to said Sabrl tract and sold Davidson tract, a distance of 168.82 feet to a set 6484nch iron rod with an aluminum cep, being the POINT OF BEGINNING and also being a point on the new north right of way One of U.S. 77, 11) THENCE S 688 11' 36' E, along the new north right of way One of U.S. 77, a distance of 111.18 feet to I set 5/8-Inch iron rod with an ahrminum cep, some being a point on the east One of sold Sebd tract and the west One of a 0.33aum tract of land conveyed to Dennis Michael Baker and wife, Becky Ann De La Houseays Baker, recorded In Volume 880, Page 623, DROCTI 121 THENCE S 338 16' 60' W, along t, ; no common to sold Sebri trct and said Baker tract, passing at 30.51 feet a found 1124neh Iron rod, in an a distance of 60.52 feet to a point, being the southeast comer of sold Sabra tract, the southwest comer of said Baker tract, and said point being On the ehdsting north right of way One of U.S. 771 iii THENCE N 686 37' 68' W, alono a Ens common to said Sabd tract and the udetng north right of way fine of U.S. 77, a distance of IS 3.78 feet to a point, being the southwest confer of said Sabrd tract, and the southeast comer of said Davidson tract; 141 THENCE N 360 38' 17' E, along a One common to said Ssbri tract and sold Davidson not I passing at 34.00 feet a found 1/24nah iroi rod, in so a distance of 61.51 feet to the POINT OF BEGINNING, and containing 0.167 sera, tor 8,862 square foot of land, mote or Issa, of which 3,688 square feet on In a prescdpdve right of way of U.S. 77, 1 i John F. Wilder, A.P.l,9. . ,.,a Dear O Texas No. 4285 JOSffJF," "'u~ •u 0 WILD EA 4285 ewuw i 14 I , C • , , t 1 ~ . u,.r <Aryn .e1T i. e.r. 0'-. 7 'tbT4.~d ,i'^ Yy(a':+'1'115llFTti!1k=YYRl+'!R:fVtW.f'11L,nw~LOS^IXF.: 9Me'MYnk e.v.+.w. ' ~ I 9 t~o. agenda Agenda item^~ Date AGENDA INFORMATION SHEET AGENDA DATE: October 20,1991 DEPARTMENT: Engineering & Transportation CM/DCM/ACM: Rick Sveh* Deputy City Manager k1o, iZQ CONSIDER AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND DON IL SWADLEY AND JANETTE M. SWADLEY, RELATING TO THE PURCHASE OF 0.178 ACRES OF LAND FOR THE EXPANSION OF U.S. HIGHWAY 77 (PARCEL 28); AUTHORIZING THE EXPENDITURE OF FUNDS THFREFORE; AND PROVIDING AN EFFECTIVE. DATE, BACKGROUND Don R. Swadley and Janette M. Swadley have executed a Real Estate Contract for the required right of way for the U. S. Highway 77 Widening Projcd, The property, known as 3101 Donna Road, is a single family owner occupied residence. The contrac amount of s9,989.66 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 Rcview Appraiser services were approved by the City Council in 1991 (Professional Services Contracts). PRIOR ACC[ONIREVIEW (Council. Boards. Comsolaions) The Planning & Zoning Conunission recommends approval, { I KCAL INFORMATION The purchase rice is $9,999.00 plus closing cost of approximately $500,00. • MAP i ~ Attached. Respectfully submitted: ,I r - ! J C} k. Di clot • Prepared by: En0jesing dt Transportation a Paul Williamson Right -of-Way Agent 14, i ~yx w I 10 o f I 1 1111 h U! W Ira7 4uep tP0 1 C.r if 01, 4 Iq alp, yr i ` SITE F V iI f Mftb o ~ LOCATION MM ; 2 Y 215 10 %.2XIO a I , ;w■is.w ~LG7i 7755 S.F. OR 0.178 AC. REM• • 0.529 AC. 6 DO NA DELL E\\\ \T L I BLOCK ANOW s ~~~\~\AO ~ ♦ ~ Gate ''1~ i ~281 !i iltl"R tf i/af'll G00~ , don, ;f• , . i i Scala 1" ■ 40' I anz um 25 K 10 3 x 1 L +,L .t L.:. o 0 i Planning and Zoning Minutes July 23, 1997 Page 2 i 'I 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 am in favor of Jim Engeibrecht 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 I by majority is Ellen Schertz. Thank you. E For the second nominee we will be electing Vice-Chair person. The floor Is open, Ms. Apple: I would like to nominate Bob Powell. Ii , Ms. Schertz: Are there any further 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. Ill, Consider approval of the minutes of the July S, 1997 meeting. Ms, 6ciiCrt: - Are there any corrections? Seeing none, the minutes will stand approved as written. ~j IV. Consider making recommendation to the City Council for the acqu!sitlon of the Right- of-Way for U.S. 377 from F.M. 2164 to 1.35. 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 WS. • Ms. G&nzer: Second. Ms. Schertz: 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, tD • Mr, Powell: I move that we make recommendation to the City Council for the a iaition of the Right-of-Way for Lakeview Boulevard, ,Mr. Engelbrecht Second, 4 7~ 10 32XIO 1 r a 1 I IrrtMl nr .ter b.rWri~rwa lre brlnr ORDINANCE NO. AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND DON R. SWADLEY AND JANETTE M. SWADLEY, RELATING TO THE PURCHASE OF 0.178 ACRES OF LAND FOR THE EXPANSION OF U. Sr HIGHWAY 77 (PARCEL 28); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION That the City Manager is hereby authorized to execute a Real Estate Contract between the City and Don R. and Janette M. Swadley, 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 0,178 acres of land for the expansion of U. S. Highway 77 (Parcel 28). SECTION 11. That the City Manager is authorized to make the expenditures set forth in the attached Real Estate Confractr SECTION 1H. 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, 1 1 APPROVED AS 10 LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 5 32 X AL -low 'i rrrwu. , REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by and between DON R. SWADLEY AND JANETTE M. SWADLEY (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 pruperty 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 prcperty 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 ehaff be the sum of 9,989.00. 2. Payment of Purchase Price. The full amount of the Purchase Price shall a payable in cash at the closing. PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to consummate the { transactions contemplated hereby are subject to the satisfaction of each of the following conditions any of which may be waived in whole or in part by Purchaser at or prior to the closing. 1. Preliminary Title Report, Within twenty (201 days after the date hereof, Seller, at Seller's sole cost and expense, shall Z-f have caused the Title Company (hereinafter defined) to .slue a owners policy commitment V.he "Commitment"l accompanied by copies of all recorded documents relating to easements, rights-of-way, 6 K10 32XIO 6 0 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 wri`-ten 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 bn staked on the ground, and shall show the location of all improvements, highways, greets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of- way on or adjac,".t 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 si 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 be performed, observed, and complied with by Seller prior to or as of the closing, REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as O follows, which representations and warranties shall be deemed AEEQO M PAGE 2 7 10 32XIO 0 E made by Seller to Purchaser also as o' 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 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 cantemplated by any governmental f authority. 11{ 3. Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof. 4. To the best of the seller's knowledge, there are no toxic or hazardous wastes or materials on or within the Property. 6uch toxic or hazardous wastes or materials include, but aria not limited to, hazardous materials or wastes as same are defined by the Resource Conservation and Rea )Very Act (RCRA), as cmenJed, 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 dare is heroin referred to as the "closing date"). CLOSING REQUIREMENTS 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 "B" conveying good and marketable title to all of ♦ the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: 1. General real estate taxes for the year of closing and subsequent years not ♦ yet due and payable) b 2. Any exceptions approved by Purchaser ~i ME006FE PACE '+I e a FRM 32 X 0 pursuant to Purchaser's obligations here- oft 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 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 coati associated with same shall be borne by Purchasert 2. The exception as to restrictive cove- nants shall be endorsed "None of Record"t 3. She exception for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable"t and 4. The exception as to liens encumbering ' a 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 as referenced ~n 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 ccsts and expenses of closing in consummating the sale and purchase of the Property not specifically allocated herein shall • be paid by Purchaser and Seller. • ~y AECOOEFE PAGE 4 9 1 s , a li i A 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 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 aatlsfied 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. Furvival 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 Staten 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 A This Agreement shall be construed under and In acccr ace with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. AEECGare PACs S 10 r r a., '~aeYr , O wwaera~ 5. Parties Sound. 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 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 A reemonts Su erseded. This Agreement constitutes the sole an only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject r..tter. 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 M 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 a all 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 'I 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 een 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. AEE0061E PAGZ 6 1110 L' ( w+ , A 10 32X . O i r r.4 iy'' • F.i~ nn.u..'. N. n, .V vv r ' DATED this day of , 1998. SELLER PURCHASER THE CITY OF DENTON, TEXAS / BY: Don R. SWa ey Michael W. Jez 4 City Manager 215 E. McKinney ,,(Denton, Texas 76201 Swadley j4an`et6'H- STATE OF TEXAS COUNTY OF DENTON li This instrument is acknowledged before me, on this day of , 1998 by Michael W. ez , City Manager, of The City _ of Denton, a Municipal CorporationJ, 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 Dent~,n 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. j Notary Public in and for the State of Texas STATE OF TEXAS COUNTY OF DENTON I Th4s instrument is acknowledged before me, on this hip day of . , 1998 by Don R. Swadley and Janette M. Swad1 . L/ EA N. YALR'RE:nti ~ J . none Nota Public in and for 4• ii i " - the State of Texas ► AZE008rE PAGE 7 i2 LLI!, ti 13 5 n 3 x0 s I 'r Uwe" 0 EXHIBIT 'As DJ= County Highway U.S. U.S. 77 Page 1 of 2 f ' Protect Limits: From LH. ~6 Rev. November 28, 1994 CSJ: 0186-02, To U.S. ago Account FIELD NOTES FOR PARCEL BEING A PARCEL OF LAND SITUATED IN A CALLED 0.707-ACRE TRACT OF LAND CONVEYED TO GRADY A. MCEUIN JR, AND WIFE, DOROTHEA GALE McEUIN, RECORDED IN VOLUME 947, PAGE 791, DEED REt;ORDS OF DENTON COUNTY, TEXAS IORDCTI, BEING A PART OF DONNA DELL ESTATES, LOT 1, BLOCK 'B', RECORDED IN VOLUME 3, PAGE 2, MAP RECORDS Of DENTON COUNTY, TEXAS IMADCTI, AND BEING SITUATED IN THE N.H. MEISENHEIMER SURVEY, ABSTRACT NO. 810, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING for reference at a found 112-inch Iron rod for the northeast comer of Lot 3, Block C, of saw Donna Dell Estates, same being o point on the W.,ting watt right of way One of Owns Sunet; THENCE S 014 05' 44' W, along the existing west nght of way am of Donna Street, a distance of 843.04 feet to t point; THENCE S 016 53' 40' W. continuing along the existing west right of way of Donna Street, a distance of 422.18 feet to tat 618-Inch Iron rod In the east one of sold McEuln tract and the new north right of way One of U.S. 77, and the POINT OF BEGINNING; (1) THENCE S 014 53' 40' W, along the seat line of said McEuin tract and the existing wait right of way line of Donne Street, a distance of 68.42 feet to a found 1-lath from pipe for the southeast comer of amid McEuln tract and being a point on the existing north right of way line of U.S. 77; 121 THENCE N 684 19' 20' W, along a Ilno common to sold McEuIA tract and existing north right of way line of sold U.S. 77, o dlstance of 284.01 feat to a found 1-.xh Iron pips being the southwest comer of sold McEuin tract; i31 THENCE N 000 40' b?' E, along a line common to sold McEuln tract and sold "sting north right of way One of U.S. 77, a 11stance of 32,97 feet • found 6111•Inch Iron rod being the southeast corner of a 1.819-acre tract of lend conveyed to Rkhard C. Scroggine end wife, Sherry L. Scroooino, recorded In Volume 2984, Page 803, DAOCT, being a pan of Donne Deg Estates, Lot 4A replat, as recorded in Cabinet H, Page 339, MADCTi • 141 THENCE N 004 49'49' E, along the west Ins of sold McEuln tract, a disuna of 0.75 feet to a set 618-inch Iron rod with en aluminum cap, lame being a point on the now north right of way One of U.S. 771 151 THENCE S 581 11' 38' E, along the new north tight of way line of U.S, 77, a dletance of 208.08 feet to the beginning of a cirtulsr cur" to the right having a radius of 2024.70 fast: I 43 w . 0 f EXHIBIT 8A* County Denton hot 2 of 2 Highway U.S. 77 Proltot Umfs: TFrom Rev. November 28, 1W:l4 U.S. 390 + CSJ:01g5-02• Account; Y FIELD NOTES FOR PARCEL 29 161 THENCE southeasterly along the now north right of way One of U.S 77, and Wong said curve to the right, through a deft angle of 000 31' 310, on are distance of 28.62 feet, and having a chord which Dears S 67' 66' 50• E, a distance of 26.62 fast to a eat 518-Inch Iron rod with an aluminum cap; F (7) THENCE N 784 24' 31' F. song the now north right of way line of U.B. 77, a distance of 26.68 It feet the POINT OF BEGINNING, and conttlning 0.178 eat, or 7,766 squat feet of land, mare aj or leas. John F, Wider, R.P.L.S.~~~gFpk m n„u, Dete Texea No. 4286 all, JOHN F, W110Eq„ 42 85 a N l~ R ~ ' •IYn Qs ! + 11, I M 1 tr 1 14 4A K 10 1:1, 2X Milo 1 0 WOW" r TmeDepamem fTmV*r%Uoa EXHIBIT "B" w Foan D•1!-li Pap l a 3 Acr. 9/9 t DEED THE STATE OF TEXAS COUNTY OF KNOW ALL MEN BY THESE PRESENTS: That. 9 1 of the County of , State of Texas, hereinafter referred to as Grown, whether one or more, for and in consideration of the sum of Donal ) to Grantors In hand paid by .9e State of Texas, acting by and tbrou the Texas Transportation Commission, receipt of which is hereby admowledged, and for which no lien s retainer), either expressed or implied, have this day Sold and by these resent do Grant, Bargain, Sell and Convey unto the State of Texas all that certain tract or parcel of land fn City, Texas, more particularly dacnbed in Ex- hibit "A," which Is attached hereto and incorporated herein for any and all i urposes. SAVE and EXCEPT, HOWEVER, it Is expressly understood and agreed that Grantors are retaining title to the following improvements located on the property described In said Exhibit "A," to wit: Gnnlon covertam and agree to remove the abovedescnbed improvements from said land by the day of ,19____.. , subject, however, to such extensions of time as may be granted by the Sts a in writing, and if, for any reason, Oraton fag or refuse to remove sum within said period of time prescribed, then, without any Alf6her consideration, the" to all (many pat ofsuch Improvements not so removed shall pass to and vest in the State of Texas forever. t Grantors reserve all of the oil, gas and sulpha In snd under the land herein com eyed but waive all rights ` of Ingress and egress to the surface thereof or the purpose of exploring, developing, mining or drlilinQ for same: however, nothing in this reservation shall affect the title and rights of the State to take and use all s other minerals and materials thereon, therein and ahefeunder• j j j U 15 a 2 lo • • D , Tcsas Department of Tanryortstion Pom M15-14 Pap z of 3 Rev. 9191 TO HAVE AND TO HOLD the premises herein &srn'bed and herein conveyed together with all and singular the rights and appurtmances themo in any wise belonging unto the State of Texas and its assigns forever, and Grantors do hereby bind our. r our heirs, executors, administrators, successors and u- signs to Warrant and Forever Defend ail ar.. ,ice- iar the said pmnises herein cony yed unto the State of Texas and its assigns against every person wht,. & ,ever lawfully claiming or to claim the same or any part thereof. IN WITNESS WHEREOF, this instrument is executed on this the day of .19.~ M•♦lttt!lttt!!10!!ff##fftleltotef!•ftt#1tltt#!tf►ftffffttt♦tittfeN#tttffRlfNlfee ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF BEFORE ME, the undendsoed, a Nat.,y Public, on this day persood ly appeared known to me foe proved to me oa the oath of , a credible wimeu.) to be the peroo(s) whose name(s) Is (are) subscribed to the foregoing imm went and admowk4ed to me that belsheAhey executed the same for the purposes and consideration therein expressed GIVEN UNDER MY HAND AND $114L OF OFFICE, this day of 19`.. No" Public, Sms of Teau i My Carnii.rca etpirer a she day of 19_ ttffffatfftlltfrtffftftfrfNHf!♦fttflttttlttltltfltttfflttflflf!!l Off t#ftttltlftlet ~ CORPORATE ACKNOWLEDGMENT THE STATE OF TEXAS, ; COUNTY OF • BEFORE ME, the noderigoed, s Notary Public, on this day penotmUy appeared of , known to aw to be the person and officer whore oame is sabtedbed to the foeepio{ imtruemot and admuwkdged to me that the same war the act of the Bald , a cotpordon, that Wa m wu duly wftdzed to perform me mA by apgopdw mohudoe of the road of director of such corpaudoo mad mat bow k execvt_d the um m the ad of sock corporadoo for Qte purposes ard ecoddersdon dwelt exptea ed, mod in the apadty r therein staled. O OIVFN UNDER MY HAND AND SEAL, OF OFFICE, dab _day of .19-, 1y A~ Koury Ptt6e, sew d Teo My Commission expitea on the day of 16 .t4 lr ~f~ 32 x~~ 1 1• 41 1 1 Ptuoei No. 0. lp Highway No.' Control of Pedenl N cr Tob A From To; f DEED 70 0 +r 77113STATE OP TEXAS AUSTM.TEXAS g File • This de of t for Necoed A. p.19 _ , at o'clock 1y ThU de of Areorded A.D. 19 In Sookty, Texu, Records of Deeds, Page Other by OXWY 00& Drpidy 25 Q 32X A 0 ` MUM" a.. ^c., ^i - ,t $.,'.i:", , n .•a"kYS. r x .Q •.-,r•4>.r.•,•dr.•r.r •Rt?,e,avn ...wi:awr~~F/~res.:e ~ .ra-i. agenda No Agenda 11e/m~7__.. - Date l AGENDA INFORMATION SHEET i AGENDA DATE: October 20, 1998 DEPARTMENT: City Manager's Office CM: Michael W. Jez, City Manage SUBJECT Consider a motion to authorize the holding of a City Council meeting outside of City Hall. I BACKGROUND On August 5, 1997 the Council adopted Ordinance No. 97-220 which allows the holding of Council feelings outside of City Hall under certain circumstances. This was in accordance with Section 2.05 of the City Charter and Section 4.1 of the Rules and Procedure of the City Council. The ordinance indicates that the Council may hold meetings in places away from City Hall so long as the Mayor announces the location of that meeting at the City Council meeting immediately preceding the meeting to be changed, and a motion or simple resolution is approved by at least four members of the Council. On Wednesday, October 21, 1998, the Council will be holding ajoint session with the Denton Independent School District Board of Trustees. Approval of this motion will allow compliance with Ordinance No. 97.220. Ordinance No, 97.220, Section 2.05 of the Charter and Section 4,1 of the Rules and Procedure are attached for your review. i i espectfully sub ittcd; • nmfer alters ily Secretary j r. ' 1_ 10 3 2 X" ID LILMMA 0 t ~x j ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY COUNCIL, UNDER THE CIRCUMSTANCES SET FORTH HEREIN, TO HOLD MEETINGS OUTSIDE OF CITY HALL; VALIDATING PREVIOUS MEETINGS AND ACTIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Hall or the Denton Municipal Building is in the process of being renovated and is not available for City Council meetings during the period of renovation due to lack of appropriate space to accommodate all members of the public, lack of proper access to persons with disabilities and due to potential dangers and inconvenience to the members of the general public during construction; and WHEREAS, the City Council from time to time may need to hold meetings away from City Ilall to serve the public interest; NOW, THEREFORE, BE IT ORDAINED BY I HE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: 5KCTI-QNJ The City Council, for the period from July I, 1997 until the Council Chambers in the City flail at 215 East McKi.mey Street, are completely renovated and ready for public use shall hold all its meetings in tare Police Department Conference Room, the Central Jury Room and other areas of the Denton Municipal Complex at 601 East Hickory Street, Denton, Texas, unless it directs the meetings be held in another location by ordinance or resolution SECTION] l. That the City Council shall hold meetings on the budget beginning at 9:00 a m on August 8 and August 15, 1997 in the Golden Eagle Suite in the University of North Texas Union Building at Prairie at Avenue A, Denton, Texas. LE& IQN 131 In accordance with section 2.05 of the City Charter and section 4,1 of the Rules and Procedure of the City Council, the City Council may from time to time hold joint A meetings with the Denton Independent School District, workshop meetings, retreat and budget meetings And regular and special meetings in places away from City flail that are readily accessible to all members of the public so long as the Mayor announces the location of that meeting at the meeting of She City Council immediately proceeding the meeting and, a motion or simple resolution is approved by at least four members of the Council. Approving the meeting site. All such meetings shall be held in accordance with Chapter 551 of the Government Code • SECTION 1V. All previous meetings and all actions taken at those meetings held at a location other than the City I lali at 215 East McKinney Street. including, without limitation, any ~s joint meetings with the Denton Independent School District and the Deuton Planning Commission , any workshops or retreats, are hereby affirmed, ratified and approved. 2 0 i r s ill SECTION V. That this ordinance shall become affective immediately upon its passage and approval. I PASSED AND APPROVED this theday of 1997• JAC iLLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY; APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY. _ E f t 1 i l . J, 25 x ~ ~ 32 X ~ 0 xsc~sa CIMTER 6 2.06 Inw, but shell not Interfere witis the rnanngerinl duties and responsibilities of the city man- nger. The mayor shall have all the some powers and privileges as any other eaeneilmember, Including entitlement to vote upon all matters considered by the council, but shall have no veto power. The council shell, as soon as possible sifter the ann,ial election, elect from its membersiilp a mnyor pro tem. The mayor pro Lem thrill act as mayor during the absence or disability of the mayor and if a varnncy occurs shall become mnyor for the completion or the unexpired teen. (Ord. No. 79-86, 12, 1211.79, ratified 1.1080) I See, 2,04: Vacancies In council, Where a vocnncy In any place on the council allall occur, lire vacnrt place shall be tilled by a special election, and, where necessary, by a runoff election, in the same manner as prnvided In this charter fat the regular election of the councilperson. Such special election ehnll he held on a Snturday within sixty (60) days following the creation or the vacancy, and the iunuff election, where necessary, shell be held on the fourteenth day after the preceding rlection; provided, however, that where a vacancy shall occur within one hundred and twenty 1120) dnys of a regidor election, no special election to fill the vacancy shall be called, unless more thin one vacmlcy occurs. (Ord. No, 76.12, Amend. No. 2, 4 6.761 Sec. 2.06. Ateelingq of the council (al Oa flits second 1211d) Tuesday in April, or as soon thereafter ns i racticoble, the council shall meet nt the city hall and the newly elected members thrill qualif; and assume the duties of olliceAlicrenRnr, thecuunci) shall meet regularly at suck limey e•+nay beprescribed by Its C nilps but not leas frequently then once each calendar month, All meetings orthe council shall be held of the city hell unless the council shall by ordinance or resolution designate another place, Ib) "Ind meetings shall be called by the city secretary upon request of the mayor, city i mnnnger, or a hlo)rity or line members of the council. (c) The city mnnnger alrnll attend all meetings of the council and may take part in the divusslan of rill nmtlers coming before the council but shall has a no vote, • IOrd Nn. 7986, 12, 12-11.79, refit ed 1.1980) ' Sec. 2.00, Quorum, voting. (n) A majority of the members of the council shall constitute a quorum for the transaction or business, and the aflirrnntive vote of a majority or the council shnli be necessary to repeal any nrdiunace or take siny officlnl action in the name of the city, except as otherwise provided in lids Cinder or t. r the general laws or lha state of Texas, b) The ayes and noes shell be taken upon the passage of all ordlnancesor resolutions and the vole of each member shell be recorded In the minutes. 10rd. No. 7612, Anrend. No. 3, 4-6.70, Ord, No. 70 86, 12, 1211.79, ratified 1.1980) 4 ,1 0 low'" (e) No staff member, other than a staff member having the floor, shall enter into any discussion either directly or indirect- ly without permission of the presiding officer. 3.7 =AeM a (a) Citizens are welcome and invited to attend all meetings of the Council, and will be admitteri to the Council chamber up to the fire safety capacity of the room. (b) ' All citizens will refrain from private conversations In the chamber while the council is in session. (c) Citizens attending council meetings shall observe the same rules of propriety, decorum, and good conduct applicable to the administrative staff. Any person making personal, impertinent, or slanderous remarks or who becomes boisterous while addressing the Council or while attending the council meeting shall be removed 4 from the room if the Sergeant-at-Arms In so directed by the presi- ding officer, and such person shall be barred from further audience before the Council during that session of the Council. (d) Unauthorized remarks from the audience, stamping of feet, applauding, whistles, yells, and similar demonstrations shall not he permitted by the presiding officer, who shall direct the Sergeant-at-Arms to remove such offenders from the room. In case I th( presiding officer shall fail to act, any member of the council may move to require him or her to act to enforce the rules, and the affirmative vote of four (4) members of the council shall require 1 the presiding officer to act. (e) No placards, banners or signs of any kind will be permitted in the Council Chamber except exhibits, displays and visual aids used in connection with presentations t: the Council, provided that such exhibits, displays and visual aids do not disrupt the meeting. • 3•4 4144~_4IIkI The City Manager, in the absence of a designated law enforcement officer, shall act as Sergeant-at-Arms for the council, and shall fuvn)sh whatever assistance is needed to enforce the rules of decorum herein established. 3.5 €4klllgJi_tx~tt~emMt( The city Secretary, City Manager and City Attorney shall occupy the respective seats in the Council • Chamber assigned to them by the Mayor, but shy two or more members 4 • of the council may exchange seats. 4• RIO-Ar 1, r 4.1 Regula, Useti1-ql The council shall meet at seven o'clock p.m. on the first and third Tuesday of each month or at any 5 '71elA1RR 0 t other times set by the Council, unless postponed or canceled for valid reasons. All regular meetings of the Council will be held in the Municipal Building at 215 Fast McKinney Street, or such loca- tion as the City Council may by motion, resolution or ordJnance ( designate. 4.2 Special_&gtLM1 Special meetings may be called by the Mayor, the City Manager, or by any three members of the Council. The call for a special meeting shall be filed with the city Secre- tary In written form, and he or she shall post notice thereof as provided by law. 4.3 Workshop Meetimi Workshop meetings or work sessions may be called using the same procedure required for special meet- ings. (See Sec. 4.2) The purpose of the workshop meeting Is to discuss or explore matters of interest to the City, to meet with a city Board, Commission, or committee Members, city staff or officers of civic organizations, governing bodies or individuals specifically invited to the session by the Mayor, Council or city manager. These meetings are informational and normally, no final action shall be taken unless the posted agenda indicates otherwise. citizens or other interested persons attending the work session will not be allowed to participate in the session unless invited to do so by the Mayor. Citizens should be advised of the nature of the work session and that their input may be received and consid- ered at a regularly scheduled council meeting where the agenda pro- vides for final action to bo taken on the matter. The purpose of this procedure Is to allow the citizens attending the regular meeting the opportunity of hearing the views of their fellow citizens in a more formal setting. Any citizen may supply tho City council a written statement cr report regarding the citi+en's opinJon on a matter being discussed in a work session. If the Mayor invites citizens to participate in a work session, the.{r participation will cease at the point the Mayor closes the seasior. to public Input to allow the Council to give City staff direction k as to needed information for the possible future meeting without distracting comment from the audience. 4.4 F~eraency_ meetingli In case of emergency or urgent public necessity, which shall be expressed in the notice of the meeting, an emeryon-,y meeting may be called by the Mayor, the City Manager or by three members of the Council, and it shall be euf- ficient if the notice Is posted two hours before the meeting is convened. • Q • 4.5 dosed Meetinggi The Council may meet in a closed meeting pursuant to the requirements of the Texas Open Meetings Act, Chapter 551, TEX. GOVIT CODE AFN. (Vernon 1954), as amended. 1 ~ 11 6 , r 32xI CJ aL,~rr a• LILMRA 0 I .rv." ..«.t Y.'H4.r'd+. ^a.>... SMrr'YIY,NYA•..e•rM,T``ICVYhM"'DhTt'Y:/VaH!.ayn.n.~r • Apenda tJo,_.L.L.r - ~ I Agenda Item- o _ Dale I AGENDA INFORMATION SHEET 4 1 ' AGENDA DATE: October 15,1998 DEPARTMENT: City Manager's Office Chi: Mike Jez, City Manager I 1 i S T i Consider nominations and appointments to the City's Boards and Commissions. 1 BACKGROUND The following is a list of current Boara/Commission vacancieslaominations- Mark Mcrki on the Historic Landmark Commission has moved from the City. This nomination for Council Member Burroughs should be a CPA. John Hardinger on the Electrical Code Board has served three consecutive terms. This is a nomination for Council Member Cochran and to the extent that a person is available within the City, should be a Master "Ieckician. Millard Heath has served three consecutive terms on the Plumbing and Mechanical Code Board. This is a nomination for Council Member Beasley and to the extent that a person is available within the City, should be a Mechanical Contractor. .i If you require any further information, please let me know, t: Re Ifully submitted; t I 1 Je er Wal rs Secret I I~ ~ O 1 , ~ I I 1 ~ c 'Y 25~x 32X WdIdL 1 i O W" 128-82 DENTON CODE b) The electrical inspector shall be given free and prompt access to any place of public accommodation for the inspection of any electrical w':.!•K apparatus within the city, and it ' shall be unlawful for any person to interfere with or hinder the electrical Inspector while he is acting in the line of duty. Ic) It shall be the duty of the electrical inspector to become a member or the International Electrical Inspectors Association and to be an active member thereof. The electrical Inspectw's nnnuni fees to the association shall be paid by the city. ICDde 1966, 19.17) Secs. 28.83-2895. Reserved. DIVISION 3. ELECTRICAL CODE BOARD* Sec. 2896. Created; sppoinlment, removal of members. There is hereby created an electrical code board consisting of rive IS) members, each to be appointed by the city council for a term or two (2) years, commencing July 1 of the year appointed, A member may be removed for cause by the council after public hearing. Initially, however, all five IS) members shall serve until their successors are appointed. To the extent L that persons are available within this city, the board shall consist of one (1) licensed maste electrician, one III electrical contractor, one (1) building contractor, one (l) electrical engineer and one (1) layman, who shall all reside within the city. The city council may appoint two (2) alternate members of the electrical code board who shall serve In the absence of one (1) or more of the regular members when requested to do so by the city manager, as the case may be, so thot all cases to be heard by the electrical code board will always be heard by a minimum v numhcrof four (41 members. The alternate members, when appointed, shall serve for the some period ns the regular members, which is for a term of two (2) years. Any vacancy of alternate members shall be filled in the same manner as regular members, and alternate members shall ` be subject to removal the same as the regular members. The city council may appoint ex orreia members to this board, to have a voice in all matters be'ore it, but who shall have no vote. (code 1966, 1 9 50) a Scc. 28.97. Procedure and powers. The electrical code hoard shall adopt ruled to govern Its proceedings provided that the rules arr consistent with this Code and statutes of the state. The electrical code board shall lime Ih; vame powers and duties on matters concrrning this articleas the building code board, e and the ocard shalh I l i Elect a choirrnan, who may administer oaths and compel the attendance or witnesses; Q e 'Charter reference-[bards and commissions, 1 14.16 1 Cross reference-[bards, commissions and committees, 12-61 et seq. j 'I 2 ~I - y,,jg :s ICS 32XIa 1 r 0 _ Climate nraascaa Is 1 BUILDINGS AND BUILDING REGULATIONS 028-187 See, 28.171. Liability of Inspectors. 1513ere action is taken by the chief plumbing Inspector or any plumbing inspector to enforce the provisions or this article, such action shall be In the name of and on behalf of the city, and the inspectors in so acting for the city shall not render themselves personally liable for any damage which may accrue to persons or property as a result of such action committed in good faith in the discharge or their duties: (Code 1966, 4 17.9) Sec, 28.172. Appeals from decisions of inspectors. Any person aggrieved by any Interpretation of this article or by any ruling or decision by n plumbing Inspector may within five (5) days file with the building official a petition in writing requesting a review of the plumbing irtrpector's decision. The building ofrcial shall ' personally determine the facts, and, within a reasonable period thereafter, he shall make a ruling in accordance with his findings- Hie ruling shall be final and binding on all part;es, provided, however, that appeal mvi be taken to the plumbing and mechanical code board set provided in this article. (Code 1966, 4 17.111 Secs. 28.17.1-28.185. Reserved. DIVISION 3. PLUMBING AND MECHANICAL CODE BOARD' Sec, 28.188. Created. 'I'I cre is hereby created a plumbing and mechanical code board consisting of seven (7) memhors, cor-h to be appointed by the city council for a term of two (2) years, sad removable for cause by the council To the extent that persona are avallable within this city, the board shill consist of two 121 licensed master plumbers, two (2) mechanical contractors, two (21 mcchnnicsl engineers, and one (1) layman, who shall all reride within the city. The Initlul terms for the members shall bestaggered whereby one (1) master plumber, one (1) mechanical engineer and one (11 mechanical contractor shall have terms expiring on the odd-number r, %-eara, and one 11) master plumber, one (1) mechanical engineer, one (1) mechanical contractor ` and (he layman ehnll have torr.,s expiring on the even-number years. No appointed member sh:dl scr% a more than three 13) consecutive terms. The city council may appoint ex officio Q members to this board, to have a voice ill all matters before It, but who shall have no vote. IUode 1966, 4 17-261 i See. 28.187. Removal of members. The city council mny remove any member of the plumbing and mechanical code board during the tern for which lie was appointed ifcause be found. The action of the city council In such matters shall be final. Q Wodo 1966, 4 1727) !'Charter reference-Bonds and commissions, 114.10. Cross reference-boards, commissions and committees, # 2.61 et seq. 3 A