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12-08-1998
1 J 1 P ~a Y City Council Agenda Packet December 8, 1998 f o o ~ o 0 1 r6.~ k r , ---.I~~R~II . 7x 0~2xi . %wow 0 ,44um AGENDA agenda Nu ___71.! ~L/zf✓__ CITY OF DENTON Cl TY COUNCIL AOenda ltem/n-'"~j December 8, 1998 Vala y'1 a After determining that a quorum is present and convening in an open meeting, the City Council will convene in a Closed Meeting of the City of Denton City Council on Tuesday, December 8, 1998 at 5,15 p.m. in the Council Work Session Room at City Flail, 215 E. McKinney, Denton, ' Texas, at which the following items will be considered, 1. Closed Meeting, A. Conference with Employees - Under TEX. GOVT. CODE Sec. 551.075. The Council may receive informr1on from employees during a staff conference or briefing, but may not deliberate during the conference. 19. Deliberations regarding real property - Under TEX, GOVT. CODE Sec. 551.072; and consultation with attorney - Under TEX. GOVT. CODE Sze, 551.071 1. Consider and discuss the valuation and the possible sale, transfer, or other d_t,otiture of real property pertaining to the City of Denton's electric utility system, including, without limitation: the Gibbons Creek generation facility located in Grimes County, Texas; the Spencer generation facility located on Spencer Road in Denton, Denton County, Texas; the hydroelectric facilities located in Denton County. Texas; other component facilities of the City's electric transmission ant. distribution system; as well as attorney's edvice pertaining thereto. ANN' FINAL ACIION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING OR ON INFORMATION RECEIVED IN A CONFERENCE WI III FMPLOYEES WILL ONLY HE TAKEN IN AN OPEN MEETING THAT IS FIELD IN COMPLIANCE WTFII 'ILX, GOVT, CODE CIF 551. THE CITY COUNCIL RESERVES CIII: RIGII I' 'I0 ADIOLIRN INFO A CLOSED Na."ETING OR EXECU"E'IVE SESSION AS ACITEEORIZLD 13Y TEX, GOV'T. CODE SEC. 551.001, ET SEQ. (TEXAS OPEN MEETINGS ACT) ON ANY ITF'.M ON ITS OPEN MEETING AGENDA OR TO S":CONVENE IN A CONIINUATION OF 'IIIE CLOSED MEETING ON IIIE CLOSED MEETING ITEMS N'OTEI) ABOVE, IN ACC'ORDANC'E WITH THE. TEXAS OPEN MEETINGS ACT, INCLUDING, WIIIIOUT F.IMITAIION, SECTIONS 551.071-551.085 OF THE OPEN A MFTIINGS ACT, Regular Meeting of the City of Denton City Council on Tuesday. December 8, 1998 at 6:00 p.m. in the Council Chambers of City Hall, 215 E. McKinney Street, Denton, Texas at which the following items mill be considered: 1 1. Pledge of Allctliance 0 A. U.S. Flag Il, Texas Flag I "l lonor the Texas Flag - I pledge allegiance to thee, Texa-, one and indivisible." 5 1 25 K I~ 32x10 l 4.01 0 ' l I City of Denton City Council Agen('a December 8, 1998 Page 2 2. Consider approval of the minutes of August 18. August 25, September 1, and September 8, 1998. PRESENTATIONS/AWARDS 3. Proclamations 4. December Yard-of-the Month Awards 5. Sue Compton • "Librarian of the Year" award to Eva Poole from the 7MI. Library Directors, C'1'f IZEN REPORTS 6. Receive a report from Margaret Tillman regarding rezoning an area that is in a 100-year flood plain. 7. Reccice a report from Doug Ebersole regarding the Sign Board of Appeals. S. Receive a report from Carol l.c%%is regarding the 400 Mockingbird Denton Affordable )lousing Dceclopmcnt. 9, Recclvc a report from Willie lfudspeth regarding drainage easements at 623 Ncssion S'.red, 10. Receive a report from John Weber regarding tl;e sign ordinance, III 11. Receive a report front Dcssic Goodson regarding solving citizens complaints, C'UNSEN'P AGENDA Pach of these items is recommcnuvd by the Staff and approval thereof "III be strictly on the bads 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. A the City Council has received back found infoirnation and has had an opportunity to raise questions regarding these items pric r to consideration, Listcd bcloty are bids and purchase orders to he approved for payment under the Ordinance section of the agenda. Detailed back-up information is attached to the ordinances (Agenda Items )2.26). This listing is provided an The Consent Agenda to allow Council A1:mbcrs to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consen, Agenda Items 12.26 below mill be approved with one motion, If items are i pulled for separate discussion, they will he considered as the first items under "Items for 1 Individual C'onsideration", 12. Consider adoption of an ordinance authorizing the cxccution of a change order 04 to a (case agreement for pc's, monitors and peripheral equipment M%kccn the City of Denton and IBM Corporation; providing for an increase in the quantity of items and an increase ~ Y 6,•~~~ ~C1 32XIO A Salomon 0 I~ h I . n~aenw City of Denton City Council Agenda December 8, 1998 Page 3 in the annual lease payment cmount; and prodding an effective date. (Lease #2045 to IBM Corporation in the amourd of $1,144,550.26 + Change Order 04 in the amount of $84,538) ' 13. Conside- adoption of an ordinance authorizing the execution of change order #4 to a contract for the construction of landfill cell 41 between the City of Denton and RBI/Landmark Reclamation, Inc.; providing for an increase in the scope of work and an increase in the payment amount; and providing an effective date. (bid #2165 to R131/Landmark Reclamation, Inc. in the amount of 51,523,91168 + Change Or~d :r 44 in the amount of 56,100) 14. Consider adoption of an ordinance of the City of Denton, Texas authorizing the expenditure o' funds for the payments by the City of Iknton for electrical energy Iransmissioa tees to those utilities providing energy transmission service to the City of Denton; and providing an effective date. (PO 491019 to Central Power R Light; PO #91020 to Texas Utilities Electric and PO #910:1 to llolrston Lighting & Power in the combined total of $405,003.75) 15, Consider adoption of an ordinance accepting competitive bids by way of an interlocal agreement % kith Tarrant County and awarding a contract for the purchasc of police sedans; providing for the expenditure of funds therefore; and providing an cffective date, (lnwrlocal Agreement File #2297 - Police Sedans Tarrant County Intcrlocal Agreement i awarded to bill Utter Pord in the amount of 5486,624,40) 16. Consider adoption of an ordinance providing for (he expenditure of funds for the purchase of sollware and hardware maintenance for Ameritech Library Software which is available from only one source in accordance with provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from requirements of eompetilive bids; and providing an effective date. (PO 091277 to Ameritech Library Services in the amount of 528.101.91) 17. C'onsidcr adoption of an ordinance providing for the expenditure of funds for the purchase of materials or equipment which are available from only one source in accordance with the provisions of Chapter 252 of the Texas Local Government Code • exempting such purchases from requirements of competitive bids; and providing an cl7ck lire date. (PO #91286 to Caron Compactor Co, in the amount of $39,850) i i 18. Consider adoption of an ordinance providing for the expenditure of funds for the purchase of materials or equipment which are available from only one source in accordance with the provisions of state law exempting such purchases from requirements I of competitive bids; and providing an effective date. (PO 491294A, 91294b, 912940 to • Motorola Communications in the amount of 548,391) ~ O • 19. Consider adoption of an ordinance providing for the expenditure of funds for the t purchase of an upgrade to the SCADA System which are available from only one source in accordance with provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from requirements of competitive bids; and providing an effectk a date. (PO 491651 to Advanced Control Systems in the amount of $211,803) 6' ~ .n r 32X10 s :dean 0 t# MIKA City of Denton City Council Agenda December 8, 1998 Page 4 20. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of cement, lime and aggregate; providing for the expenditure of 4 funds therefor; and providing an effective date, (Bid 02290 - Cement, Lime and Aggregate awarded as listed on Exhibit A, estimated annual expenditure $660,00) 21. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of hot mix/hoi lay asphalt concrete; providing for the expenditure of funds therefore; and providing an effective date. {Bid 02291 - Hot Mi.xJHol Lay Asphalt Concrete awarded to Jagoe Public, annual estimated expenditure is $760,000) 22. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of wood/yard waste grinding services at the municipal landfill; providing for the expenditure of funds therefor; and providing an effective date. (Bid 02294 Wood/Yerd Waste Grinding at the Landfill awarded to Thclin Recycling Co. in the estimated amount of $75,000) 21 Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of a trencher and trailer; providing for the expenditure of funds therefor; and providing an effective date. (Bid 02302 - Trencher & Trailer awarded to Witch Equipment Co., inc. for 538,118.67) 24. Consider adoption of an ordinance amending Ordinance No. 96-014, as amended, relating to the Rules of Procedure of the City Council, by providing certain rules establishing decorum, bc'iavior, and secu,ity regarding citizens' behavior and conduct at City Council meetings; providing a severability clause: providing a savings clause; providing for a penalty not to exceed 5500.00; and providing for an effective dale. 25. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City hlanager to execute an agreement between the City of Denton and the Texas Department of Ilansportation for the furnishing and installing of traffic signals by a municipality per Minute Order 102542: authorizing the expenditure of funds therefor; and providing an cflective date. 26. Consider adoption of ordinances authorizing the mayor to execute an agreem, nt between the Cit) of Menton and the following entities for the payment and use of hotel tax revenue; and providing an effective date: A. Greater Denton Arts Council (3 year contract) 13. Denton Chamber of commerce ( 3 year contract) C. Denton Ifoliday Festival Association D). Denton Community Theatre, Inc. Notih Texas State Fair (3 ) ear contract) F. Denton Festival Foundation G. Tejas Storytelling Association H, Denton Black Chamber of Commerce L Denton Hispanic Chamber of Commerce t r l r t t 1 t.I .32X' O 0 NOW" City of Denton City Council Agenda Ncembcr 8, 1998 Page 5 7, Denton County Courthouse-On-The-Square Museum K. The Scholars Phair Foundation L. The Denton County Historical Commission M. The Denton County Historical Foundation, Inc. ff~I.IC IIFTARING 27. Hold a public hearing and consider rezoning a request to change zoning for 34.133 acres presently classified as Planned Development 39 (PD39) zoning district (fur cluster homes) and a Single Family 7 ($F-7) zoning district to a Planned Development zoning district by Bray of a detailed plan, allowing for detached single-family homes. The property is legally described as the nest 34.133 acres of Tract 26 in the S. McCracken Surrey (Abstract 817) and is located on the southeast corner of Stull Road and Loop 288. The request is for 173 single-family lots, Existing zoning mould allow for a combined total of 230 single-family lots. (The Planning and Zoning Commission recommends approval (5-0) with conditions.) (Z-48-042) VARIA,`N1= 28. Consider approval of an exaction variance from Section 34.114 (7) of the Code of ordinances coneeming sidewalks for Lot A. Block I of the Wendell F. Woods Addition. The subject property is located on the cast side of Ilill Street, just northeast of the T. intersection with Boardwalk and will consist of one single family lot. (The Planning and Zoning Commission recommends approval 5-0.) ITEMS FOR INDIVIDUAL CONSIDERATION 29. Consider adoption of an ordinance of the City of Denton, Texas, amending Chapter 35 'zoning" of the Code of Ordinances of the City of Dentert by adopting Article XI "Corridor Overlay District"; providing a classification for designating roadways in Denton: establishing a site plan review process. establishing landscaping, architectural, screening, outdoor storage, limited visibility land use, traffic circulation, and sign guidelines: providing for a penalty in the maximum amount of $2,000,00 for the violation thereof: pl,,%iding a sevcrability clause: providing a savings clause and providing for an effective date. (The Planning and Zoning Commission recommends no further consideration of the draft ordinance, 4.3.) 30. Consider adoption of an ordinance approving an agreement between the City of Denton. Texas and the Denton Parks Foundation providing for the coordination of operationx and I activities; au,horizing the City Manager to execute the agreement; approving the expenditure of funds therefor; and providing an effective date. O . 31. Consider adoption of an ordinance authorizing the first amendment to an airport lease agreement commercial/1-130 between the city of Denton and Ezell Aviation, Inc.; and providing for an effective date. MEM"WIN E., I , I C o 1 IgiRms City of Denton City Council Agenda December 8, 1998 Page 6 32, Consider adoption of an ordinance of the City of Denton, Texas amending Section 20- 71(c) of the Code of Ordinances of the City of Denton, Texas to amend the defense to prosecution for violations of height limitations on certain weeds, grass, and uncultivated ' vegetation by adding a defense for the growing of hay under certain conditions; providing for a severability clause; providing a savings clause; providing for a penalty not to exceed five hundred dollars; and providing for an effective date. 33. Consider adoption of an ordinance amending Article 11 of Chapter 28 of the Code of Ordinances of the City of Denton, Texas ("Building Code-) to provide N adoption of the 1997 Uniform Building Code with certain amendments; providing for a severability clause; providing a savings clause; providing for a penalty in the amount of $2000.00 for violations thereof; and providing for an effective date. 34. Consider adoption of an ordinance of the City of Denton, Texas prohibiting parking on Chestnut Street from its intersection with Welch Street to its intersection with Bernard Street; providing a savings clause; providing a severability clause; providing a penalty not to exceed two hundred dollar; and declaring an effective date. 35. Consider adoption of an ordinance partially vacating a portion of a certain alley casement recorded in the Deed Records of Denton County, Texas at Volume 318, page 4 as it pertains to the vest hal r of a 20-foot wide alley in Block 12 of the College View Addition to the City of Denton; and providing for an effective date. 36. Consider nominations and appointments to the City's Boards and Commissions. 37, Miscellaneous matters from the City Manager. 38. New Business This item provide, a section for Council Members to suggest items for future agendas. 39. Possible continuation of Closed Meeting under Sections X51.011-551,085 of the Texas Open Mcclings Act. • 40. Official Action on Closed Meeting items held under Section 551.071-551.085 of the Texas Open Meetings Acl. i Following the comp?etion of the Regular Meeting, the Council will convene into a Work Session to consider the following: • p • I. Receive a report, hold a discussion, and give staff direction regarding a review of the City's Boards and Commissions. 2. Receive a report, hold a discussion, and give staff direction regarding economic development strategies, activities, and policies. 3 2 x I ❑ MAR aq&n~=_w (4 n City of Denton City Council Agenda December 8, 1998 Page 7 3. Receive an update and give staff input regarding implementation of the new residential solid waste route authorized in the FY 1999 budget. 4. Receive a report, hold a discussion, and give staff direction regarding the proposed annexation and zoning of 116.7 acres located on the north side of Hickory Creek Road, northwest of McNair Elementary School. 5• Discuss and give staffdirection regarding the adoption of an ordinance amending Chapter 35 "Zoning" of the Code of Ordinances of the City of Denton by adopting Article XIl "Residential Density Limitation'; providing for definitions; providing for the application of the ordinance; providing a residential density limitation; providing exemptions, term of ordinance and appeals; providing for a penalty in the maximum amount of $2,000.00 for the violation thereof; providing a severability clause; providing a savings clause and ' providing for an eff-.ctive data CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of 1998 at o'clock (a m.) (P.m.) CITY SECRETARY j NOTE, THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THI; SCHEDULED MEETING, PLEASE CALL THE CI1Y SECRETARY'S OFFICE AT 349.3309 OR USE ; 1'ELECOMMUNWATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1.SW- RELAY•TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. k 6} .f t I IVY li 10 10 JAI f l all r t Oval Agenda No CITY OF DENTON CITY COUNCIL MINUTES Agenda uy August 18, 1998 Gate_ l_~__ Aller Eielermining that a quorum was present and convening in an open meeting, the City Council convened in a Closed Meeting on Tuesday, August 18, 1998 at 5:45 p.m, in the Council Work Session Room at City Hall. PRESENT: Mayor Miller; Mayor Pro Tom Beasley; Council Members Burroughs, Cochran, Durrarnce, Kristoferson, and Young, ABSENT: None I. Closed Meeting: A. Consultation with Attomey-Under TEX. GOVT. CODE Sec, 551.011 I. The Council considered strategy and discussed status, and considered an ordinance authorizing the City Manager to execute a compromise settlement agreement between the City of Denton and Azteca Systctns, Inc., and ratifying and approving a mediated settlement between the City of Denton and Hansen Information Technologies, inc., all in final settlement of litigation styled Hansen Information Technologies, Inc. v. Aveiro ,4yslemr, inc., el al, Case No. 4:97ev308 filed in the United States District Court, Eastern District of Texas, alleging copyright infringement, tortious interference, and other intellectual property matters. B. Conference with Employees-Under TEX. GOV'T• CODE Sec. 551.075. The Council received information from employees or questioned employees during a staffconference or briefing, but did not deliberate during the conference. the Council convened into a Regular Meeting of the City of Denton City Council on Tuesday, August 18, 1998 at 7,00 p.m, in the Council Chambers of City 11311. PkESENI Mayor Miller; Mayor Pro Tem Beasley: Council Members Burroughs, Cochran, Durrance, Kristoferson, and Young. ABSENT, None I. Pledge of Allegiance 4 , The Council and members of the eudience recited the Pledge of Allegiance to the U.S. and Texas flags. PRESENTATIONS/AWARp5 r' 2. Proclamations There were no proclamations presented. 1. Awards A• information Services Advisory Board i'~ x Q 32X City of bcnton City Council Minutes August 18. 1998 Page 2 Mayor Miller and Kathy DuBose. Assistant City Manager for Finance, presented the a%%ards to the members of the Information Services Advisop Board for their service, CITIZEN REPORTS 4. the Council received a report from Ali AI-Khafaji regarding tyranny in Denton. Mr. Al-Khafaji Has not present. 5. The Council received a report from Dessie Goo&on regardingthc resignationuf Mayor Jack Stiller, Ms. Ooodson stated that she had ask^d the Mayor to resign in early August as she felt he "m not a proper Mayor, She indicated that she mould appeal her case that was charged against her. She did not like "hat the Mayor aas saying in regards to the cases CONSENT AGENDA Cochran motioned, Young seconded to approve the Consent Agenda and the accompanying ordinances. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson"aye', Young "aye", and Mayor Stiller "aye Motion carried unanimously. 6. NO. 98-237 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A C'ONTF.ACT FOR A WORKERS' COMPENSATION THIRD PARTY ADSVNISTRATOR; PROVIDING FOR THE EXPENDITURE OF FUNDS TIILRI3FOR; AND PROVIDING AN EFFECT IVE DATE. (13042234-Workers' Compensation Administrator awarded to Alexsis. Inc. in the amount of 528,208.00 per ) ear,) 7. NO. 98.238 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A 9,000 LB. CAPACITY FORKLIFT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (Bid #2243 -9000 lb. Capacity Forklift awarded to Sunbelt Industrial Trucks in the amount of $26,50(1.) 0 S. NO. 98-239 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A PUBLIC WORKS CONTRACT FOR PECAN CREEK & TRIBUTARY PEC•4 CHANNEL IMPROVEMENTS IN THE AMOUNT OF 52,193,881.40; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (Bid #2220 - Pecan 1 H rJ r A . r 32do I O ti City of Denton ('it% Council Minutes August 16. 1998 Page 3 C'rcck K Triiiutary PEC'-4 Channel Improvements awarded to Oscar Renda Contracting, Inc. in the amount or S2,193.881,40.) 9. NO. 98.240 AN ORDINANCE AC'C'EPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR DENIA PARK SOFTBALL FIELDS AND PARK RENOVA FION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND 1;;f t,'IDIN'G AN EFFECTIVE DATE. (Bid 02244 - Denia Park Softball Fields and Pwk Rcrtovationsawarded to Jones and JelTery Construction Co. in the total award of $592,715.00.) 10, NO. 98.241 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH DUNKIN, SIMS, STOFFELS, INC. FOR SERVICES RELATING TO THE PLANNINO, DESIGN AND ENGINEERING SERVICES FOR EVERS PARK BASEBALL FIELDS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (Purchase Order #86621 - Dunkin, Sims, Stoffels• Inc. in the amount of S49,500.00.) 11. NO, 98.242 AN ORDINANCE REPEALING ORDINANCE NUMBER 98.180 APPROVED BY COUNCIL JULY 14, 1998 AND PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT TO UPGRADE THE ELEC"IRIC' DISTRIBUTION METERING CAPABILITIES WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (PA, 086080 - Cummins Utility Supply in the amount of $35.840.00) PUBLIC HEARING 12. The Council held a public hearing regarding a Standard Hours Area Initiative Petition that would establish a standard hours area, reducing the hours for sale of mixed drinks, beer and wine. pursuant to Sections 105.03, 105.04,105.05 and 105.06 of the Texas Alcoholic Beverage Code and Sections 4.014, 10 of the City of Denton Code of Ordinances. City Attorney Prouty stated that a group of citizens had filed a petition to amend and rescind the late hours ordinance that was passed 1 112 years ago. The petition had been certified by the City Secretary. Once certified, there was a 60 day period that the Council had to enact the ordinance or call an election. Prior to that action, a public hearing was required to read the ordinance in its entirety and to receive public comments. ~I ~~~,.r,. 25 x ❑ 32 x q 0 M l Cite ..f I)enton City Council Minutes Augua 18. 19y8 Pugv 4 C'uuncil Mentber Young asked for an update on the Attorney General's ruling on the material Dort rov I.Aironc, City Altorro Prouty slated that rcpresenlatises from Ben E. Keith had submitted a brief and additional materials that indicated a number of legal reasons the City could not amend or rcpcal the late hours ordinance. I he Legal stall had researched that information and also checked ssith the Attorney General's office and the General Counsel for the Texas Municipal League for their opinions. Although not an official opinion, the Attorney General's office felt that the arguments sere not cons incing and that Council still had to go forward with the process, fie would be submitting a formal request to the Attorney General for a written opinion on the issues from the brief. the Mayor opened the public hearing. T he following indisiduals spoke during the public hearing: { Dessie Goodson. 904 Greg Street. Denton, 76201 - support John Gossett. 5300 Tartan Circle, Denton, 76208 - opposition Anita Bruno' 1004 Stuart. Denton, 76201 - opposition Rick Reid. 125 Asenue A. Denton, 76201 -opposition Merle McBee, 209 Joshua. Denton, 76201 - support Hank Dickinson. LINT Athletics, Denton. 76201 - opposition Mark DeLoach, 715 Emery, Denton. 76201 - opposition Andress Gregory. 921 Edgewood, Denton. 76201 - opposition Lloyd Banks, 1420 Copper Ridge, Denton, 76201 - support Stele Boedecker. 1515 Oakwood Dris e. Denton, 76205 - opposition Shcrard Quinn. 2311 Stella. Denton, 76205 - opposition Troy LaGronc, 529 Magnolia, Denton, 76201 -opposition Joyce Snay, 2007 N'eslwood, Denton. 76205 - support Irma Jones. 2529 Craig Lane, Denton, 76201 - support The following indixiduals presented cards regarding the issue but did not wish to speak: . Michael 7.ampino. 2416 Lillian Miller Parkssay, Denton' 76205 - opposition Tommy Marshall, 1420 Stratford Lane. Denton, 76201 -opposition Missy Nickenson, 2201 Parkside, Denton, 76201 - .)pposition Barry Bradford, 806 Manhattan. Denton, 76201 - opposition Ellen Paulsen, 3613 Fritz Lane, Denton, 76208 -opposition Tara Boedeker. 1515 Oakwood, Denton, 76205 - opposition James Klausing. 3941 Grant Parkway, Denton, 76205 - opposition Kimion 1' tmer. 305 Thomm 05, Denton, 76201 - opposition Richard Fisher, 3906 Lariat, Denton, 76207 - opposition James Fee, Chestnut Place Apartments. 0102, Denton, 76201 -opposition Roy R'immer, 3613 Fritz Lane, Denton, 76208 - opposition Ed Frantz. P.O. Box 2185. Denton, 76202 - opposition Kerry Kidd, 512 Strata, Denton, 76201 --opposition s47,- 77,; VMTR I r • 3,'? X r , o C';I% of Denton City Council %iinulzs August 18. 1998 Pate 5 Debbie Marino, 1813 Linden, Denton, 76201 - opposition Michale Naug, 4206 Springmeadow, Flower Mound. 75028 - opposition Edwin Pyle. 1805 Wesmood Drive, Denton, 76205 - opposition Casey Jones. 118 Renard, Demon. 76201 --opposition Jeff BrightN~ell. 825 W. Sycamore, 9207, Denton, 76201 - oppos tion Clint Lawrie, 716. W. Mulberry, 010, Denton, 76201 - cppositiot Ben Frazier, 1121 W. Hickory, Denton, 76_101 -opposition John Delaney, 404 Fulton B. Denton, 76201 - opposition Bobby Sansbetg, 2401 E 1.355, 01334, Denton, 76205 - opposition Doug Marshall '.420 Stratford, Dent- 1. 76201 -opposition Andrea Banatoski, 811 Crescent, D.,.ton, 76201 - opposition John Richardson, 1710 Sam Hass Rd„ Denton, 76205 - opposition Bridget Bcoth, 1710 Sam Bass Rd.. Deeton, 76205 - opposition Jason Louden, 516 S. Carroll 0130, Denton, 76201 - opposition Cori Shearer, 426 Audra Lane, Apt. F. Denton, 76201 - opposition Matt Slaton, 1103 Bemar L Denton, 76205 - opposition Andy Bostick, 616 Uland, Denton. 76201 - opposition Jimmy Meredith, 1721 Cordell, Denton, 76201 -opposition Jason Benson, 1947 Colorado Blvd., Apt. E. Denton, 76205 - opposition Gary Francis, 3805 Montecito, Denton, 76205 -opposition r The Mayor closed the public hearing. 13, The Council held a public hearing inviting citizens to comment on the proposed usage of 1997 Local Law Enforcement Block Grant funding, Gary Matheson. Acting Police Chief, stated that this item dealt with the final step in the process to obtain grant funding for 8 mobile digital computers for the patrol units. Prior to the obligation of any funds, an afiisory board reviewed the application and made a non-binding application for the funds. He had learned today that possibly only 7 units mould be funded due to price increases. The Advisory Board met on July 29th and recommended the purchase of the units. The funds were al'ocated in the upcoming budget and approved for that purpose. The Mayor opened the public hearing. + No one spoke during the public hearing. The Mayor closed the public heating, 14. the Council held a public hearing and considered rezoning 2.112 acres from Planned • Development 37 (PD-37) zoning district and Single Family, 7 (SF-7)zoning district to a new Planned ~ • Development (PD) zoning district. The property was located on the south side of Eagle Drive, the west side of Kendilph Drive, the north side of Wilshire Street, and the north side of the soon-to-be realigned Avenue D between Wilshire Street and Eagle Drive, The proposal was to develop a one hundred twenty-nine (129) unit, three (3) story dormitory for students attending the Unh crsity of North Texas. (The Planning do Zoning Commission recommended approval 64) (7_•98.03). Mozart's Square) 32 x 10 0 l City of Denton City Council Minutes August 18, 1998 Page 6 Dave Bill, Director of Plannir f and Development, stated that the action requested was to rezone f 2112 acres front PD 37 and 5r 7 to a new' PD zoning district, The site was located on the south side of Pagle Drive and Avenue D. It was proposed to develop a 129 unit three-story private dormitory for students at UNT, ]'he Planning and Zoning Commission unanimously recommended approval of the request. No neighborhood meeting was held regarding the proposal. Deviations from the zoning reut'rvntenis isu•c PProv ed b the Planning and Zoning Commission as P:rmitted by law. a q by The front yard building line setback normally was required to be 23% the proposal was approved with 10'. A side setback of 10' along the internal southern property line instead of the required 18' setback was approved. The landscape plan was in compliance with the landscape ordinance. Presen ation credits were used for existing trees but in total there would be 20 trees per acre. The property was not platted and would have to be done before any development. Parking would be 86 on-site spaces. In additiou• extra parking would be provided by Lot #21 in the UNT parking lot. These spaces would be reserved by an agreement with UNT for this building. Visitor parking was a concern expressed at the Planning and Zoning Commission meeting. None were required by law and the applicant would provide five visitor parking spaces in addition to the original site plan. The only unanswered question was what would happen if the demand exceeded the supply. There was also parking along adjacent streets. Council 6Tember Kristoferson questioned if there would be enough UNT parking in the Clark lot to accommodate ovcr[low parking if the City ever decided not to allow curbside parking in the area. r kiill stated that parking would be available to the residents as long as the development existed and residentsmould need a sticker to park in that lot. There would be no visitor parking in the lot unless the individual had a studr,d parking sticker to park there. Council ;Member Burroughs questioned if there were specific provisions regarding dormitories as opposed to stui',ent apartments. Hill stated that the proposal was viewed as one-bedroom apartments. Because the proposal was for a planned development, there was not concem about the panicular use classification. Council btember Young stated that this proposal broke every rule available such as the tree ordinance, parking, setbacks, and the landscape rule. 11e asked how wany trees would be removed. f Hill stated that no monarch trees would be remot ed. Eleven trees would be removed and 17 trees would be saved on the property. In the right-of-way, two trees would be removed, 12 would be saved and 22 trees would be added. The proposal was well in compliance with the landscape ordinance. Council Member Young asked how the remote parkmg was allowed. hill stated that the law allowed for remote parking as loag as it was within S00 feet of the site, I, The Mayor opened the public hearing. Dallas Taylor stated that he represented the developer of the property. This proposal would be a private dorm managed and operated by the University. They would manage and place the students *fr M IG ~ ~ T +'f K 32 X e p S Cite of Denton Otx Council Minutes August 18. 1998 Page 7 in the dorm, The intent would be to house music students ar.d that the bulk of the student traftic would be to the new music building. The proposal exceeded the landscaping requirements. One monarch tree, that uas the only monarch tree on the site. would be preserved in the courtyard. there %%ou!d be a large area open space that would be highly landscaped. Parking exceeded the requiremcnlsby five spaces. All residentswould be attending UN-'and could use the parking across the street. I hey had had anotKr project in cooperation with UNIT and this proposal had the same arrangementwiththe Universin . ~r pro ,iding parking. fhatarrangement "asworkingquite nicely. The setbacks were apart of a planned development and there would be no traffic problems with the greater open space and landscape requirements. This was a cooperative development with the University. Council Member Burroughs asked about the number of students to be housed in the dorm. Taylor stated that there would be a mixture of one and two students per room. There was a tendency to have only one student per room. Council Member Burroughs felt that a competitive edge had been given to this development. Ile was concemed with the parking and number of students per room. faylor stated that the project did not compete with apartments as this was a dorm setting, 'the University set the amount of rent for the dorm that did not compete with its own dorms. The ( University dorms woole be filled first and then the overflow would go to these types of dorms. %layor Pro rem Beasley stated that insteadof the University owning the building, it would contract with a private developer that would own the building but be managed and operated by UNT. Council Member Young felt that this was a case where a governmental entity was competing with private enterprise. Ile felt that would be unfair to others with apartments in the area. Taylor stated that the proposal would not be competing with apartments in the area. Don white stated that fairness should be real to everyone in the community. Santa Fe Square was built as a deal with the University. UNT did the maintenance, collected the rent and the developer did not have the courtesy to appear before the Council. Landscaping would be partly done by taxpayer dollars, Apartments and dorms did compete with each other, Parking on Santa Fe Square was one thing. Sycamore traffic was a small sample of traffic as opposed to Eagle Drive. Ile did not want this to be the first impression individuals saw when entering Denton. This proposal violated safety, the landscape ordinance and the tree ordinance. 0 Mildred flawk stated that parking was a problem in the North Texas area, Parking around her home was bad with more apartments being built in the area. She had looked at the trees on the proposed des elopment and none of the trees should be cut. I The applicant was allowed a five-minute rebuttal. Taylor stated that a government grant was not in conjunction with the development. The developer had agreed to landscape the property even though the University owned the property. They would even landscape the median In the area. The parking ~t 1 ,~1P rF 3f X10 AMC= &P. O , } t 1 i ' C'itc of lknton C'its Council Minutes August 18, 1998 Page 8 discussion was not the number of spaces but rather visitor spots. They originally had the required number of spaces and then developed five more spaces that were not required that could be used by anyone. This would be a quality project, The University needed the project and this would be an asset to the community. The \ia) or closed the public hearing, Hill stated that the developcr knew that he needed to Aork around large trees and had worked with staff to develop the landscape plan. Flt did not hate to provide information on monarch trees. Section 35.301-C-2A of the zoning code indicated that for a multi-family dwelling, the off street parking requirement was one space for each bedroom unit in dormitories, etc. A variance to the parking requirement had not been requested for this development. There also was no reference to e crosswalks in the record at this point in time. 'The following ordinance was considered: NO. 99-243 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, RESCINDING ORDINANCE 82.20 CREATING PLANNED DEVELOPMENT 37 (PD37) "ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; AND ( PROVIDING FOR A CHANGE FROM SINGLE FAMILY 7 (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION: TO ESTABLISH PLANNED DEVELOPMENT 167 (PD167) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, CONTAINING 2.112 ACRES LOCATED ON THE SOUTH SIDE OF EAGLE DRIVE, THE WEST SIDE OF KENDOLPH DRIVE, THE NORTH SIDE OF w7LSH1RE STREET AND THE NORT11 SIDE OF THE SOON TO BE REALIGNED AVENUE D., PROVIDING FOR I HE APPROVAL OF A DETAILED PLAN AND LANDSCAPE PLAN FOR SAID DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2.000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. • Beasley motioned to approve the proposal as she felt it did not compete witb private business. These were students who wanted to live in a dorm and not in an apartment. Kristoferson seconded the motion. Council Member Burroughs stated that residents in the development would be restricted to students and was being built to accommodate music students. The development was working with safety and • landscaping ordinance requirements and had done an excellent job. There were negatives associated p • with a simi:ar project completed by either the staff or the owner on this type of parking arrangement. ( Council Member Cochran felt that there we.: many positives with the proposal that outweighed the negatives. He was concerned about the pedestrian crossing of Eagle Drive. Ile suggesteda friendly amendment that in the platting process, tht developer be required to place a crosswalk at that site. *lprr 10 32XIG A , > o , l C'iiy of Denton City Council Minutes August IA. 1908 Paga 9 Beasley and Kristoferson accepted that friendly amendment. On roll vote. Beasley "aye". Burroughs Cochran "aye", Durrance "aye". Kristoferson "aye', Young "nay". and Mayor \tiller"a) e'. Motion carried with a 6.1 vote 15. "the Council held a public hearing and considered rezoning 1213 Johnson Street from a Commercial IC) toning district to a Two Family (2•F) zoning district. The 0.54-acre properly "as located on the northeast corner of the Johnson Street and Smith Street intersection. The proposal was to renovate the existing frame house and add duplexes. (The Planning & Zoning Cummission recommended approval 6 0.) (Z-96-034) Dave Ilill. Director of Planning and Development, stated that this was a request for a change in zoning from commercial to a two-family zoning district. An existing frame house would be removed and duplexes would be constructed on three tots that would be created. The Planning and Zoning Commission recommended approval. The property was not platted and would not need to be platted if the duplexes respected the setbacks for each parcel. Because the proposal was considered to not be a multi-family use and by meeting setback requirements, it would not have to be platted and would not be required to construct sidewalks. There would be two parking spaces per unit. The site would have access from both Smith Street and Johnson Street to serve the three structures, No neighborhood meeting had been held. The Mayor opened the public hearing, No one spoke during the public hearing. The Mayor clo;ed the public hearing. The following ordinance waa c^nsidered: NO. 98-244 AN ORDINANCE OF THE CITY OF DENTON. TEXAS, PROVIDING FOR A CHANGE FROM COMMERCIAL (C) ZONING DISTRICT CLASSIFICATION I'0 TWO FAMILY (24) ZONING DISTRICT CLASSIFICATION AND USE • DESIGNATION FOR 0.54 ACRES OF LAND LOCATED ON THE NORTHEAST CORNEROF TTIE JOHNSON STREET AND SMITH STREET INTERSECTION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000,00 FOR VIOLATIONS I'IIEREOF; AND PROVIDING FOR AN EFFECTIVE DAI E, Young motioned. Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye", 1 • Burrouhhs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye Young "aye", and Mayor Miller 0 • ' "aye". Motioncatriedunanimously. 16. The Council held a public hearing and cons+,4ered an amendment to the detailed plan on a portion of 12.2077 acres located on the northeast co, i,. r of Interstate 35 and San Jacinto Boulevard and is zoned Planned Development 6 (PD-6). (The Planningdc Zoning Commission recommended approval 7.0.) (Z•98.024, San Jacinto Plaza) 1 eee e , O i City of Denton City Council Minutes August 18, 1993 Page 10 Dane Bill, Director of Planning and Development, stated that this proposal dealt with part of PD-6 with two lots being invohed. The bank structure on the corner was not part of the planned development. Lot 6A was 2,602 acres and Lot 2A, that was located at other end of property, was 3.568 acres. Between the two lots this was a 5,63 acre amendment to the planned development. The I request teas to amend the planned development to alter the sires of two proposed buildings. Lot 2A was appros cd for a 19,r 20 square foot building and Lot 6A was approved for a 16,000 square foot building. the applicant was requesting to transfer 8,000 square feet of building space from 2A to 6A. There would be no net increase in building square (outage approved for the planned development,just a shift of building sizes. A major issue was the extent to which an applicant was able to meet existing zoning ord~nanccs. This plaza was abcut 73% completed. All of the existin_ plaza was completed prior to the new landscape regulations. The landscape regulations were the sticking point of the approval. With Lot 6A, the applicant was able to meet the landscape requirements of 15 trees per acre but was able to find only 14% open space. A retaining wall was required and the applicant offered to plant trees on the upper level if desired by property owners. Mayor Pro Tern Beaslcy stated that all of the parking was built and that only the pad sites were not built. More trees would be placed in the parking lot to meet that portion of the landscape ordinance. hill replied correct. The Mayor opened the public hearing. Chris Caso stated that he represented the applicant for the proposal. They would be Dipping the square footage from one lot to another and would not be increasing the total square footage for the total lot. The proposal met the tree requirement and shrubs would also be planted around the perimeter. By installing the trees and additional shrubs, it was felt that this proposal would enhance the attractiveness of the site. No one spoke in opposition. l The Mayor closed the public hearing, 1 The following ordinance was considered: NO. 98-243 1 AN ORDINANCE OF THE CITY OF DENTON TEXAS, AMENDING ORDINANCE NO. 92-109 TO PROVIDE FOR A CHANGE IN THE DETAILED PLAN FOR A PORTION OF A 112071 ACRE TRACT OF LAND BEING IN THE PLANNED DEVELOPMENT (PD) NO. 6 ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, ALSO KNOWN AS SAN O 1ACINTO PLAZA AND BEING DESCRIBED AS LOTS 2A AND 6A, BLOCK A. TOWNSHIP 11, PHASE 11, CITY OF DENTON, DENTON COUNTY; s. PROVIDING FORA PENALTY IN THE MAXIMUM AMOUNTOF 52,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. r s • 0 Avg" City of Denton City Council Minutes August 18. 1998 Yaee I 1 Young motioned. Burroughs seconded to adopt the ordinance with the correction of the acreage. On roil vote. Bcaslcy'-aye', Burroughs "aye Cochran "aye". Durrance Kristoferson Young "aye'. and\tayorMiller"aye', Motion carried unanimously. VARIANCES 17. The Council consfdcredapproval of exaction variances from Section 34.114(3), street design standards, and Section 34.1114(17), sidewalks, of the Subdivision and Land Development Regulations for the United Copper Manufacturing Facility Addition located in the City of Denton, (The Planning and Zoning Commission recommended approval 6-0.) Dave Hill. Director of Planning and Development, stated that thi i was a request for two variances. I he first exaction variance dealt with street design standards. Perimeter improvements along Fishtrap Road were part of the required overall construction standards. A rural street section was proposed that would not have curb and gutter. The existing street section would be improved to 24' wide, The cost of denial of the variance would be 520,000. The question was whether the impact from the devclopmentwas suff cient to require the curb and gutter. If approved,an exaction variance for the sidewalks for that section was also requested. There were many large trees along the perimeter of the roadway that would have to be removed if the street had to have curb and gutter with sidewalks. I he Engineering Department recommended approval to the Planning and Zoning Commission at its last meeting. ` Young motioned; Beasley seconded to approve the exaction variance forthe street design standards, Council lvlember Cochran stated that he would be voting against the motiondue to the high amount of truck traffic going onto the site. lie felt the cost of the improvements was an insignificant amount compared to amount of the project. On roll vote, Beasley "aye", Burroughs Faye Cochran "nay", Durance "aye", Kristoferson"aye'. Young "aye", and Mayor Miller"aye'". Motion carried with a 6.1 vote. Young motioned, Beasley seconded to approve the sidewalk variance. On roll vote, Beasley "aye', " Burroughs "aye'. Cochran "aye', Durrance "aye". Kristoferson "aye", Young "aye', and Mayor Miller "aye". Sictioncariedunanintously. ITEMS OR INDIVIDUAL CONSIDERATION 18. The Council considered adoption of an ordinance amending Ordinance Nos. 94-183and96- 085, as amended, and Section 2.29(d) of the Code of Ordinances of the City of Denton, Texas, the Rules of Procedure of the City council of the City of Denton. Texas, by providing • the opportunity for citizens to speak both on regular agenda and consent agenda items; and providing for an effective date. the follow ing ordinance was considered: I&I Irma 32X111 e ' 0 armor City of Denton City Council Minutes August 18, 1998 Page 12 NO, 98-246 AN ORDINANCE AMENDING ORDINANCE NOS. 94.183 AND 96-685. AS AMENDED. AND SECTION 2.29(D) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON. TEXAS. THE RULES OF PROCEDURE OF THE CITY COUNCIL OF THE CITY OF DENTON. TEXAS, BY PROVIDING THE OPPORTUNITY FOR CITIZENS TO SPEAK BOTH ON REGULAR AGENDA AND CONSENT AGENDA ITEMS; AND PROVIDING FOR AN EFFECTIVE DATE. Cochran motioned. Burroughs seconded to adopt the ordinance. On roll vote. Beasley Burroughs "aye', Cochran "aye', Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 19. The Council considered adoption of an ordinance amending Chaser 35 of the Code of Ordinances of the City of Denton, Texas, to clarify the home occupation pru%isions of the Code of Ordinances; providing for a severabilityclause; providing for a savingsciause; providing a penalty clause; and providing for an effective date. This item was pulled from consideration. 20. The Council considered adoption sf an ordinance in accordance with Section 8.31 of the Code of Ordinances of the City of Denton, approving an application form for an applicant for a cable television franchise; setting a nonrefundable application fee for the costs of review, issuance, and enforcement of the applicationof a franchise for Nortex Telcom L.L.C.; and providing an effective date, Richard Foster, Public Information Officer, stated that since the Council's meeting last week, minor changes had been made to the ordinance and the application form. The major amendment was to recover all costs associated with the consultant that was estimated at 55,000. City Attorrtcy Prouty stated that the majorconcern was that Nortex wanted to serve a limited service area that consisted of the Sundown Ranch area and the Wind River Estates and gradually expand as A the area developed. Marcus Cable felt that the City should not award the franchise unless Nortex served the same service area as Marcus, that was the entire city. There might be a possibility to award a limited franchise agreement. i Mayor Miller asked if the Council had to consider this ordinance at this meeting, Foster replied no that Nortex was wailing to see if there would be a way to apply for a limited 0 service franchise. The service territory might be a major problem. Durrance motioned. Cochran seconded to postpone consideration until information was received to further clarify the issues. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye",Kristoferson"aye",Young "aye", and Mayor Miller "aye". Motion carded ananimously, RffAQFM o MAN" City of Denton City Council Minutes August 18, 1998 Page 13 I. l he Council considered adoption of an ordinance authorizing the %fayor to execute a third amendment to the existing agreement between the City of Denton and Texas Utilities Llectric Company extending the term therefor for an additional six month period; finding and determining that the two mectingsat which this ordinance was passed was open to the public as required by law; providing for an effective date; and providing for acceptance of the agreement by Texas Utilities Electric Company and publication of notice of the passage of this ordinance. Sharon Mays. Directorof Electric Utilities, stated that this was the first reading of an ordinance that would grant a six-month extension of the existing street rental agreement with Texas Utilities. The extension would allow staff to complete negotiations of a new and more comprehensive franchise agreement. The following ordinance was considered: (FIRST READING) AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A THIRD AMENDMENT TO THE EXISTING AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS UTILITIES ELECTRIC COMPANY EXTENDING THE TERM TI IEREFOR FOR AN ADDITIONAL SIX MONTH PERIOD; FINDING AND DEFERMIN[NG THAT THE TWO MEETINGS AT WHICH THIS ORDINAN'C'E WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR ACCEPTANCE OF THE AGREEMENT BY TEXAS UTILITIES ELECTRIC COMPANY AND PUBLICATION OF NOTICE OF T13E PASSAGE OF THIS J ORDINANCE, Kristoferson motioned, Durrance se:onded to adopt the ordinance. On roll vote, Beasley "aye'", Burroughs "aye", Cochran "aye", Durrance "ayc'", Kristoferson "aye Young "aye", and Mayor Miller "aye Motion carried unanimously. Mays stated that the Council now, needed to motion and vote to pass the ordinance on to a second reading. Burroughs motioned, Durance seconded to pass the ordinance on to a second reading to be held September 1, 1998. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durance "aye", Kristoferson"aye", Young "aye", and Mayor Miller Motion carried unanimously. 22. Fhe Council considered adoption of an ordinance authorizing the Mayor to execute a tax abatement agreement with United Copper industries, Inc,, setting forth all the required terms of the tax abatement agreement it accordance with the terms of Chapter 312 of the Texas Tax Code; setting O 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 for a severabiIity clause; and providing an effective date, T. ,z IC 32XIQ 0 City of Denton City Council Minutes August 18. 1998 Pace 14 1 inda Ratliff. Economic Development Director. stated that Council had reviewed the contract last week in the work session. Several changes, mostly typographical errors, had been made to the contract. the following individuals spoke regarding the proposal: Dale Branum. 2601 Ft. Worth Drive, Denton, 76205 - opposition Eva 11. Cadwalder, 3920 Fawn Drive, Denton, 76201 - opposition Dan Fettc, 2708 Glenwood, Denton, 76201 - opposition Claudette Fette. 2708 Glenwood, Denton, 76201 - opposition Bridget Marshall, 2910 Hartlee Field Road, Denton. 76201 - opposition Robert McFarland. 2200 Ross Avenue, Dallas, 78201 - favor Raymond Redmon, 710 F.. Prairie, Denton, 76205 - neutral on issue Mayor Miller had speaker cards from the following individuals who did not wish to speak: I Jerry Daniel, Route 2. Box 1063, Sanger - opposition E. Parks Olman. 4401 East University, Denton, 76208 - opposition Delores Olman, 4401 East University, Denton, 76208 - opposition Carol Soph, 1620 Victoria. Denton, 76201 - opposition Elise Ridenour, 2205 W. Oak, Denton, 76201 - opposition Marjory Nelson. 3101 Old North Road, Denton, 76201 - opposition Joyce Poole. 3021 North Bonnie Brae, Denton, 76207 - opposition Steven F'ricdson, 2205 W. Oak, Denton, 76201 - opposition j Elda Ginn, 3406 Bob-O-Link. Denton 76201- opposition Heidi Klein, 1420 Broadway. Denton 76201 -opposition Coy Iloggard, 2205 Foxcroft, Denton, 76201 • opposit on Varina Lavelle, 3314 Cooper Branch East, Denton, 76201 • opposition The following ordinance was considered: NO, 98-247 • AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A TAX ABATEMENT AGREEMENT WITH UNITED COPPER INDUSTRIES, INC., SETTING FORTY ALL THE REQUIRFD'IF.RMS OF THE TAX ABATEMENT AGREEMENT IN ACCORDANCE WITH THE TERMS OF CHAPTER 312 OF IHE TEXAS TAX CODE: SETTING FORTH THE VARIOUS CONDITIONS PRECEDENT TO UNITED COPPER RECEIVING THE TAX ABATEMENT; • AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH p UNITED COPPER INDUSTRIES TO PROVIDE ELECTRIC SERVICE FOR A MINIMUM PERIOD OF FIVE YEARS: PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE, Young motioned. Beasley seconded to adopt the ordinance. 10 39X I C1 i e , 0 City of Denton City Council Minutes August 18, 1998 Page 15 Council Member Cochran stated that he would h voting against the tax abatement. He believed this was a bad deal for the community as there was no economic justification for giving a tae abatement for a company to move here. It was a poor policy to grant tax abatements to companies and it r devalued the average taxpayer. Tax abatements were a source of irritation to citizens and should not be granted. Ile was not against the company being in the community but it should pay its fair share. Council Member Kristoferson fell that United Copper would be a good neighbor and a good esset to the community. Slayor Pro Tern Beasley stated that the TNRCC monitored these areas and had confidence they would monitor UCL Any omissions would be well controlled and if not, the T NRCC would make sure they were. The City was not paying anything to the company to move here, it was just not asking the company to pay certain taxes for a period of five years. Council Member Burroughs stated that many people were philosophically opposed to tar abatements. Tar abatement was a too[ that was used very rarely. Any growth in Denton would have a negative impact due to pollution. On roll vote, Beasley "aye", Burroughs "aye", Cochran "nay". Durrance "aye", Kristoferson"aye', Young "aye", and Mayor Sliller"aye'. Motioncarried with a 6.1 vote. 23. The Council considered approval of a resolution allowing the Denton Black Chamber of Commerce to be the sole participant allowed to sell alcoholic beverages at a Blues Festival in Civic Center Park on August 22. 1998, upon the conditions of obtaining booth, obtaining license and permit, providing general liability insurance, and agreeing to indemnify the City for any liability, and providing for an effective date. Ed Ilodney, Director of Parks and Recreation, stated that the Denton Black Chamberof Commerce was requesting to hold a Blues Festival in the Civic Center Park. Part of the plan was a request to sell alcohol in the park similar to what was done at the Jazz Festival. The City would be co- sponsoring the event and the Parks Board agreed with the request. Robert Hicks stated that the Blues Festival this weekend would be great for the community, They were requesting a temporary license to sell beverages in the park and would accept all liability orthe selling of these beverages. The following resolution was considered: ~ NO. R98-039 O • A RESOLUTION ALLOWING THE DENTON BLACK CHAMBER OF P COMMERCE TO BE THE SOLE PARTICIPANT ALLOWED TO SELL t ALCOHOLIC BEVERAGES AT A BLUES FESTIVAL IN CIVIC CENTER PARK ON AUGUST 22, 1998, UPON THE CONDITIONS OF OBTAINING BOOTH, OBTAINING LICENSE AND PERMIT, PROVIDING GENERAL LIABILITY 4 , 25 x ~Q 32x10 Q City of Denton C'itc Council Minutes August 19. 191)8 Page 16 INSURANCE, AND AGREEING TO INDEMNIFY THE CITY FOR ANN' LIABI LI1 Y. AND PROVIDING FOR AN EFF ECFIVE DATE. Young motioned. Cochran seconded to approve the resolution. On roll Note, Beasley "aye', Burroughs "aye', Cochran "aye Durance "aye", Kristoferson "aye", Young "a}e'", and Nlayor Miller Motion carried unanimously. 24. The Council considered approval of a resolution appointing a member to the Board of Dirr.tors ofthe Upper Trinity Regional Water District. lfoward Martin, Assistant City Manager for Utilities, stated that the Public Utilities Board was recommending that Bob Coplen be appointed to this position. The following resolution was considered: NO. R98-040 A RLSOLUTION APPOINl1NG A MEMBER TO THE BOARD OF DIRECTORS OF THE UPPER TRINITY REGIONAL WATER DISTRICT. Kristoferson motioned, Beasley seconded to approve the resolution, On roll vote. Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor N iller "aye". Motion carried unanimously. 25. The Council considered a motion to confirm the City Manager's appointment of Gary Matheson as Police Chief effective September 9, 1998, Mike Jer, City Manager Designate, stated that the provisions of the Local Government Code required that the City Manager appoint the police chief. Ted Benavides was still the city manager at,a he had appointed Gary Matheson. I Burroughs motioned, Cochran seconded to approve the appointment of Gary Matheson as Chief of " Police. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye Kristoferson "aye", Young "aye", and Mayor Miller "aye", Motion carried unanimously. ~ i 26. The Council received a report, held a discussion, and gave staff direction regarding the 1998- 99 proposed budget. Kathy DuBose, Assistant City Manager for Finance, stated that Council had received information in response to questions raised during the last budget discussion ® +ti • > 27. The Council considered nominations and appointments to he City's Boards and Commissions. No nominations/appointments were made, 25x~C]' 32X ' J 01 0 iwtrRM Q r City of Denton City Council Minutes August 18. 1998 Page 17 18. Miscellancous matters from the City flu- iger. There sere no items of miscOlancous matters frv:n the City Manager. 29, N'ew Business I he following items of New Business acre suggested by Council Members for future agendas: Al Council Member Durrance requested a resolution in support of the Texas Municipal League's ; asition in regard to annexation and proposed annexation policies. Pi. Council Member Dunance requested a brieling of the noise ordinance in respect to the use of automobile sound stereo and sound systems. i G Council Member Durrance requested a briefing regardin, the negotiation and extension of runway expansion of the Denton Airport. 30. There "is no continuationof Closed Mccling under Sections 531.071 -551.085 of the Texas Open Slectings Oct. 31. the following official Action was taken on Closed Me-,ling items held under Section 551 ( 071-551.085 of the Texas Open !Meetings Act. Dvrrance motioned. Burroughs seconded to adopt the following ordinance. On roll vote, [Beasley -aye", Burroughs "ay e". Cochran "aye", lhtrrartce "aye", ICristoferson "aye", Young "aye'", and Mayor Miller aye". Motion carried unanimously. ,NO. 98-249 AN ORDINANCE AUTHORIZING IHE CITY MANAOER TO EXECUTE A COMPROMISE SFTTLEMEN"T AGRL!?MENT BETWEEN "HE CITY OF I*NTON AND AZTFCA. SYSTEMS. INC., AND RATIFYING AND APPROVING A MEDIATED SETTLL'MENT BE1WFFN THE CITY OF DLNTON AND HANSEN INFORMATION TECHNOLOGIES, INC., ALL IN FINAL SEITLEMEiNT OF LITIGATION STYLED 1/+VSEN LVFORU4T10N t 1ECKNOLOGIES, INC V AG7EC'A SE:S'TE.W, LYC, Et AL. CASE NO, 4 97CVI08 FILED IN THE UNITED STAIES DISTRICT COURT, EASTERN DISIRIC'T OF TLXAS: TIIE TERMS OF SAID SETTLEMENT SPECIFYING I I IA"T AZ. rLCA SYSI EMS, INC. WILL PROVIDE FUTURE SOF FWARFAND SERVICES IN 111E AMOUN T OF 5100,000 ON BEIIALF OF I"IIE CITY AND EXECU I E A NU EE IN THE AMOUNT' OF S50,000. DUE IN THREE YEARS, PAYABLE S♦1T11 [N1"EREST TO TIIF CITY OF DENTON; AUTHORIZING TIIE 01Y MANAGER TO ACT ON THE CITY'S BEHALF IN ACCEPTING IHE t SH-[LENIENT AND EXECUTINO A RELEASE OF CLAIMS: AND DL'CLARING AN EFFECTIVE DA If E. ti 32X111 1"d r c 1 O y I ~ k 1 1• 1 I 1. f C'it} of Denton City Council Minutes August 18. 1998 t ' Page 18 With no further business, the meeting was adjourned at 12:05 am, r JACK MILLER, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS i ik 1 { f 25 X 32x10 %room 0 CITY OF DEN TON C'I1 Y COUN'C'IL MINUT ES AUGUST 25. 1998 Aller dcterminir that a quorum was present and con ming in an open meeting, the City Council eomened in a closed meeting on Tuesday. August 25, 1998 at 5:15 p.m, in the Council Work Session Room at City Nall, PRESENT: Mayor ;Miller; Nlayor Pro 'rem Beasley: Council Members Burroughs. Cochran, Durrance. Kristoferson. and Young, ABSENT: None I . Closed Ticeting: A. Conference with Employees - Under TEX. GOVT, CODE Sec. 551.075. The Council received information from employees during a staff conference or briefing, but did not deliberate during the conference. Work Session of the City of Denton City Council on Tuesday, August 25. 1998 at 6:00 p,m. in the Council Work Session Room at City Nall. PRESENT: Mayor Miller, Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson, and Young. ABSENT: None 1. the Council received a report, held a discussion and gave staff direction regarding a resolution amending and replacing the current tax abatement policy of the City of Denton to establish guidelines and criteria governing tax abatement agreements; and declaring an effective date. Linda Ratliff, Pconomlc Development Director, stated that In February the Council readopt^d the current tax abatement policy and at that time Council asked staff to work with the joint Committee on Tar Abatement to amend the policy. Input had been received from the DISD, the County, and staff. It allowed for flexibility in the amount of abatement that could be given. There were five factors for receiving credit for an additional 50,16 abatement as detailed in the agenda materiaa. The amendment allowed the DiSDto participate at a differentm a and addressed the fact that the County had its own abatement policy, The City had the right to require a project to purchase power from the city of Denton. Portions where application questions were listed %erc removed and placed In a formal application form. Council Member Cochran asked about the DISD vvanlingto use a different percentage rate from the C I ly. • 0 • Ratliff stated that a portion of the City's BTl acts in the reinvestment zone and that allowed the DISD to use a different rate. Adoption of these amendments would require a super majority vote by Council. Council Member Young stated that the old policy used $5 million for a project to receive the abatement. Ile felt the figure should go down to $3 million instead of going up to $10 million, rr , 25 x `J 32 x I Q . o . City of Denton City Council kfirtules Aucust 25,11)98 I'aoe here had only been one project at 55 million and felt there tsould be no projects at the 810 million Icel. I is felt the policy was killing abatements as no one could reach that to%el. Mayor Miller stated that while there was only one tax abatement given over the last eight years, there had been a number of companies in Denton Aith smaller investments the purpose ofabatemcrits )s as to be competIIiN C. Council Member Young stated that at the higher rate there ssould not be any companies that would apply and that it eliminated smallercompanies coming to Denton Othercities would have a better abatement policy. Council \icmbcr Burroughs asked if there was a consideration of putting in a factor that the investment was going to be made in an economically distressed area or in an area that had a material advantage in the City, Council Member Durrance stated that that as discussed in light of the State's enterprise zones. The abatement had to apply to the indtsidual business and not to a particular location. Mayor Miller felt that if Council wanted to make changes to the policy, it should be retumed to the Committee for ajoint decision, Mayor I'r) Tom Beasley asked if the County voted to bring the amendment forward as it had its own policy, 12atlif'I'stated that the County looked at its own policy and what auuld quallfy and then took it I'urward to C unimissior^rs Court. All the entities did not have to agree to participate on a project for it to be considered klayor fro I -cm Beasley stated that the original policy was done ten years ago and with economic conditions then that did not allow for an abatement. She felt that an abatement should not be done with every company that came to Denton, It should be done for selective companies that made significant contributions to the community. • Council discussed the pros and cons of the abatement policy with specific questions regarding portions of the policy. Council Member Cochran suggested recelving a list of benefits that the City hoped to get from the entities as pan of the application process. He also suggestei an estimation of properly taxes that would be lowered by every abatement that was granted. He felt that information would help remove • negative reaction to tax abatements. lie felt that the Tax Abatement Committee should provide 0 • j back-up materials for Council ro lew. Kristoferson motioned, Heasley seconded to move forward with the resolution as presented. It would be in effect for only 1.112 years before Council would need to look at anew policy, On roll vote, Beasley "eye", Burroughs "aye", Cochran "aye", Durrance Krisloferson "aye", Young "nay", and Mayor Miller "aye". Motion carried with a 6.1 vote. SIX . t' 32 X 0 i , i MOM City of Denton City Council Minutes August 25, 1998 Page 3 2. l he Council received a report. held a discussion, and gave staff direction regarding resolutions fir the 1998 Texas Municipal League Annual Conference. Betty Williams, Assistant to the City Manager, stated that the City of Denton had representativeson the IMLC'ommittecsofCommunityand Economic Do clopment,Finance and Administrotion.and Personnel. there were eight resolutions that the City was proposing before TML. Those eight resolutions were detailed in the agenda back-up materials, Mayor Pro -fcm Beasley suggested moving forward with all of the proposed resolutions. Council Member Durrance suggested a new resolution supporting proposed changes in the annexation policies in anticipation of development during the next legislative session. Such a resolution would supplement the approach by TML and would be a more affirmative statement. Mayor Miller stated that a resolution would have to be prepared for TML consideration along with a presentation to the Legislative Committee, Council Member Durrance felt that it should be a separate considered area and wanted a more positive statement in favor of what the legislature was doing, Consensus of the Council was to proceed as proposed. I 3. he Council received a report, held a discussion and gave staff direction regarding Code Enforcement inspection and notification procedures. Dave Hill, Dircetur of Planning and development, stated that the Council had received a report indicating that improvements could be made in the Department. He presented a process that would begin immediately and that would allow for more contact with violators of the Code and allowed for reduced costs. 1 he agenda material s detailed short lemt and long term provisions suggested for changes in the department, Council Member Durrance suggested putting this information on the City's web site, • Consensus of the Council was to proceed with the suggested procedures. 4. 'The Council received a report held a discussion and gave staff direction regarding possible revisions to the Landscape Ordinance, Dave Hill, Directorof Planning and Development, stated that this was a staff generated request for Council information on six items. It was felt that the landscape ordinance was performing in the spirit of the intent, One major problem was monarch trees that caused a misunderstanding of the Q +1 definition and whether the staff was carrying out the intent of the ordinance. Another issue was grandfathering. The clearing and grading permit review process was not an Issue with the proposed changes but staff wanted Council to know that there a ere certain factors that were being evaluated. Tree preservation credits, alternative landscape plans, exemptions for municipal landfill were also issues to be considered. The Council had also received additional information from the Chamber regarding their comments on the landscape ordinance. 7h x l~ 32XIO ry. r) U 1 I I City of Denton City Council Slrnws August :S. 1998 Page 4 Council Member Durrance asked for in explanation of option 03 fir monarch trees. Ilill stated that when monarch trees w.rc discussed. Council seemed to indicate to staff that trees should be examined by someone who would see if the tree could be saved instead of clearing that tree There was alkl a discussion as to vvhy the Planning Director had so much discretion in deciding the issue and why anyone should have the ability to nominate a monarch tree. For every development site, someone would want monarch trees nominated. 1 he thought was that monarch trees were only unique trees and not on every site. It was felt that the site threshold for monarch trees needed to be addressed Some thought that developers could be told to move a building if a monarch tree was in the building site Council Member Durrance felt that a developer should not have to build a building around monarch trees. If it caused undo economic hardship to protect such a tree, a developer should have other means to mitigate. Even monarch trees had a life span znd what would happen when such a tree died. Mayor Pro Tern Beasley stated that she would like to see flexibility and mitigation with extenuating circumstances. There needed to be son,^ way to deal with those types of situations. i lill suggested that options #I and 03 could he combined, Council discussed the various options that were listed in the agenda materials. Consensus of Council was to work on combining Options # I and 03. 5. 1 he Council received a repots, held a discussion, and gave staff direction regarding Growth Management Strategy issues and priorities dark Bowers. IIOK, stated that they were under contract with RUST to determine a preferred growth scenario for the City of Denton. They were to identify growth management strategy issues that would be used to construct a community surrey and set the preliminary scope of work for the dratl Growth Management Strategy. Renee Jaynes stated that she had had intenicwa with department heads and asked for information • on issues that would affect gtowth of their departments. She ilso asked for larger Issues relating to Dento,: s growth. Those responses provided the growth management strategy issues that were detailed in the agenda materials, She reviewed the major issues under each category as shown in the agenda materials, There were four central themes -controlling the quantity of growth; quality of growth; controlling the location of growth; and control I ing the timing of growth/phasingof growth • Council Member Cochran asked about the procedure to arrive at a consensus in the community. 0 • Bowers stated that it would involve more neighborhood meetings and getting a feeling of neighborhoods concems. Council would provide Individual input into the process by changing wording on the issue questions. They felt that the suney needed to be constructed in such a manner to ensure the purpose of the information needed, h K ❑ 32x~~ • ,ter 0 Al.a.b City of Denton City Council Minutes August ?5, 1998 Page 5 Mayor Pro Tem Beasley felt that it was necessary to focus regionally, as issues in otherareasof the country might not apply to Texas. 6. Council rccei~cd a report, held a discussion and gave staff direction regarding possible affordable housing exemptions to the watedwas[ewater treatment impact fees. Dave Hill. Director of Planning and Development, stated that there was away for existing staff to handle a more detailed standards program for exemptions that would get at the linkage between what exemptions were meant to do and who they were meant to benefit. This would be a program with limited :xemptions using a community development type of approach to this issue. Council Member Cochran suggested simplifying the process by making grants from the general fund to handle this. There were not that many not-for-profit organizations. Bill stated that staff was still looking at the differentiation between not-for-profits and profits. Council Member Young stated that to make the process simple, a set value on a home should be used such as $90,000 and under. That would settle the issue of not-for-profit and profit and the issue of possible lawsuits ` Council Slember Cochran stated that such an impact on a smaller house would be less than on a larger house. They would be paying a smaller amount than others would. Niayor Pro 1cm Beaslcy stated that she was not in favor of giving exemption to homes sold fur profit. She was concerned that with any house $90.000 and under receiving an exemption, [here would be too many exemptions and the point of the entire process would be missed. She felt that exemptions should only be given by Council and a request should be by a non-profit organization. Beasley mo[ion^d, Miller seconded that there would be no exemptions unless given by Council and had to be a non-profit organization requesting the exemption, City Manager Benavides stated that the economic development statute allowed a city to pay the iml t fees from the general fund and then could differentiate from non-profit and for-profit. • Afayor Miller stated that he would like to stall in that direction using the general fund for non-profits. j Mayor Pro fem Beasley asked about limiting the number of exemptions given in a year, City Manager Benavides suggested finding the money to do the program for one year and see how ' many requests were received and then evaluate the program. Mayor Miller stated that the proposal was to exempt non-profit organizations and re-pay the utilities through the general fund. Council Member Burroughs stated that setting a cap on the number of grants available was not a means he could support. He did not feel it would be fair to those falling under the cap. lie felt a pilot program should be done with only non-profit organizations and no cap. ~s° ~c 25O 32x0 ' 1 A 0 I i I , n i I .t {7tYY Cite ul' Ucnton City COUnciI Min',' :S August 25. 1995 Page b Council Member Kristol'crson suggested 20 grants as a cap for the number of grants for the p''ot program. , Cuuncil Member Young felt that the impact fees would hurt low income people. Ile felt that if the rrogram were done any other way other than with a set dollar amount fer the cost of the home, it ,.ould hurt the lower income people. Mayor Pro Ter Beasley withdrew her original motion, Burroughs motioned. Cochran seconied to set exemption standardsto the impact fees as now owner- occupied single family housing fur low income households and low-income elderly or disabled households. Not-for-protitdcveloperswho met the exemption standards would be eligible to receive impact fee exemptions in the form of pre-construction waivers. Any property subject to City of Denton Water/Wastewater Treatment Impact fees would be eligible for the exemption. The price cap of the unit would be tied to the annual requirements of the City of Denton llvr- l~-Ver's Assistance Program administered by the Community Development Division of the Planning and Development Department. The grants would come from the General Fund with a cap of 50 applications. On roll vote, Beasley "aye", Burroughs "aye', Cochran "aye", Durrance "nay", Kristoferson"aye', Young "aye", and Iv1ayor Miller"aye", hiolioncarried with a 6.1 vote. I 7. the Council received a report, held a discussion and gave staff direction regarding a ( proposed amendment to the Solid Waste Ordinance relating to unauthorized use of solid waste containers. disposition of bulky household items, adequacy of solid waste service, contamination of recycling sites, and provision of penalties for non-compliance. I Iloward Martin Assistant City Manager for Utilities, stated that this report would be addressing several issues ir.ipacting his department's ability to deliver commercial service and included theft of service, collection of bulky items and collection of recycle containers. 0111cer Greg I Icdges. Denton Police Department, stated that the Department had taken several diffcrcnl roles in recent years in dealing with this problem. Pan of that role was to work towards improving people's perceptions on where they lived. A problem in Owsley Addition was that there were 300 families living in a 10-block area Dumpsters were a problem in that they often were • mer1lo%0ng with items. There was a need to look at various means to improve this condition. Charlie Watkins, Superintendent of Solid Waste, reviewed the major issues of this problem as detailed in the agenda materials. Part of the solution was to revise the current ordinance to include a provision of theft of service for improper disposal, review collection services to determine if an ' area was receiving inadequate service and address the problem of contamination of the collection • sites. the proposed ordinance added a theft of service provision that would make it illegal to place p • items in someone else's dumpster. The proposal also included the continuance of picking up bulky items but included a charge of $10 per item. Council Member Burroughs asked if a neighbor dumped bulky items at someone else's container, would the other person have to pay to have those items removed. t 32 X i 0 o City of Denton City Council Minutes August 25. 1998 Page 7 Watkins stated that if the dumpster customer knew who teas illegally dumping at his dumps er, he could follow up on that with the Police Department, Enforcement of theft ol'smice was Very difticult unless it .vas seen in progress by an officer. CouncV Member Kristoferson felt that the enforcement capabilities of the police department would be eery Imitcd and that the program would work better if apartment managers made residentsawarc of the regtlations. Watkins stated that stafFwas planning on contacting all apartment owners and managers. Alayor Pro 7em Beasley asked how the program would be enforced and would the burden of proof be on the owners of apartments. Council Member Cochran felt it was unfair to city operations to have to take the burden of removing these items. Council Member Young did not like the idea of the police department having to guard garbage cans. Ile felt it was a good Idea to clean up the area but the proposal needed more research. Mike Bucek. Assistant City Attorney, stated that one legal problem was absentee landlords. Ile suggested having the violators change to a larger dumpster after three violations, Kristoferson motioned, Cochran seconded to move forward with the ordinance with the removal of the bulky item provisions. Ala) or Millersuggested keeping those provisions in the ordinanceand review the ordinance in a year to see how effective it was, Kristoferson agreed to reinstate the fee In the ordinance. Cochran withdrew his second, Durrance seconded the motion. Council Member Durrance called the question. On roll vote, Beasley "nay", Burroughs "aye", Cochran "nay", Durrance "aye", Kristoferson "aye", Young "nay", and Mayor Miller "aye". Motion • carried with a 4.3 vote, t { 8. the Council receiveda report, held a discussion and gave staff direction regarding the 1998- 99 proposed budget, Kathy DuBose, Assistant City Manager for Finance, stated that the proposal in the budget was to O reduce the grocery store fees as would the other fees as stated in her memo in the agenda materials, O • 1 he net effect on the building inspection fee would be zero. Consensus of the Council was to proceed as proposed. DuBose stated •hat the CIP program would move up several projects In the plan. I, 10 32x10 F ' 2F. 0 WiFigli City of Denton City Council Minutes August 25, 1998 Page 8 Consensus of the Council was to proceed as proposed, DuBose stated that the recommendation from the Hotel Occupancy Tax Committee prodded tuo scenarios. Both scenarios included funding all applicants except the Main Street Association and 1 I Parks and Recreation Department's Civic Center renovationproject. The Committee suggested that Council consider other sources of funding for these projects. She reviewed the funding scenarios as indicated in the agenda materials, Mayor Miller stated that after this year there would no longer be any carryover funding. DuBose replied correct. With no further business, the meeting was adjourned at 11:30 p.m. JACK MILLER, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY Cli Y OF DENTON, TEXAS rN Ir , lur r P, iy 1r~ F 0 tD i CITY OF DEN fON CHY COUNCIL MINUTES SEPI EMBER I. 1998 After determining that a quorum was present and convening in an open meeting. the City Council corn ened in a Closed Meeting of the City of Denton City Council on Tuesday, September 1. 1998 at 5A5 r.m. in the Council Work Session Room at City Hall. PRESENT; Mayor Miller; Mayor Pro Tern Beasley. Council Members Burroughs, Cochran. Durrance,Kristoferson,and Young. ABSENT: `'one 1. Closed Meeting: A, Conference with Employees - Under TEX. GOVT. CODE Sec. 551.075. The Council received information from employees during a staiTconference or briefing, but did not deliberate during the conference. Regular infecting of the City of Denton City Council on Tuesday, September 1, 1998 at 1:00 p.m. in the Council Chambers of City Hall PRESENT; Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran. Durrance, Kristoferson, and Young, ABSENT: None . I 1. Pledge of Allegiance I he Council and members of the audience recited the Pledge of Allegiance to the U. S, and Texas hags. 1 I 1 1 he Council considered approval of the minutes of May 19, May 26, and May 29.31, 1998. ~ I Beasley motioned, Young seconded to approve the minutes as presented. On roll vote, Beasley "aye , Atunrughs "eye". Cochran "eye", Durrwxe Kristoferson aye ,Young aye", and Mayor ~ Sliller"ayc". Motion carried unanimously, i s PRESENTATION5IAWARD5 0 s I . 3. Presentations I ' A. Yard of the Month awards S Mayor Miller presented the September Yard of the Month awards to: Ron & Peggy Duvall 0 • H.S. dr Elizabeth Osborne f Environmental Educatlon, Sciences and Technology Building•UNT ( Kara Kristine Antique Galeria Council received a presentation from Jennifer Wages regarding the Pave the Path project for Nettie Schutt: Park. 'I 7 ❑ 32X O CM of Demon City C'ouneil Minutes September 1, 1998 Page 2 C.111$EN REO{tESTS { d. The Council received a report from Ixe Baker regarding communications. ' Mr. Baker stated when he first signed up for his report he thought he would be deliveringa negative report to the Council but he decided to change his report. His daughter was married at the TWU Little Chapel in the Woods and they contracted with the Woman's Building to hold their reception To their dismay, they learned that there would be a Blues Jazz Festival the same evening as the wedding re:eption in the Civic Center Park with no provisions for parking for the wedding reception i hey had recek ed no waming about the Festival and felt that there was no consideration for others in the area for another event, Myra Anderson at the Civic Center worked out the puking arrangements so that the event went off without a problem. He asked the Council to establish a policy on the rental of the Woman's Building to coordinate events in the Civic Center Park with lines of communication with all entities. NOISE F.XCEPII0,N 5. The Council considered a request for an exception to the noise ordinance for Cowboys for C'odi Memorial Rodco on Friday, and Saturday, September 18' and Wand Saturday, September 26' for 8.00 p.m, - 12:00 midni;ht. Betty Williams, Assistant to the City Manager, stated that this was the third year for this group to request a noise exception. Kristoferson motioned, Durrance seconded to approve the exception. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Dunance "aye", Kristoferson "aye", Young "aye', and Mayor Miller "nye' Motion carried unanimously. 6. The Council considered a request for an exception to the noise ordinance for Rubbcr Gloves Rehearsal Studio for an outdoor performanceon Friday, September 11" from 9A0 p,m. - 1,00 p.m. Betty Williams, Assistant to the City Manager, stated that this request was for an outdoor 4 performance on Friday, September 11'" on Sycamore Street with a fenced-in area for the concert. f• i Beasley motioned, Young seconded to approve the exception. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye Motion carried unanimously, CONSENT AUNDA • O • l khran motioned, Young seconded to approve the Consent Agenda and the accompanying ordinances. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrarce "aye", Kristoferson"aye",Young "aye", and Mayor Miller "aye". Mationcarfled unanimously. 32 x 11 how o 1 '-'ity of Denton City Council Minutes September I, 1998 Page 3 7. NO. 98.249 AN ORDINANCE AUTHORIZINOt THE MAYOR TO EXECUTE AN IN I ERLOCAL AGREEMENT WITH THE C'I TY OF THE COLONY RELA'i r'~ , TO ?ART ICIPATION IN VARIOUS CITY OF DENTON CON fRACTS WHICH PROVIDE FOR THE PURCHASE OF GOODS AND SERVICES. AND DECLARING AN EFFECTIVE DATE. (File 92272 - Intt-rlocal Agreement with the City of The Colon), Texas) 8. NO. 98-250 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A PATHOLOGICAL WASTE INCINERATOR; PROVIDING FOR £XPENDITUREOF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (Bid 92216 - Pathological Waste Incinerator awarded to Crawford Equipment Engineering in the amount of $41,109.00) 9. NO. 98-251 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ( ANNUAL C'ONTRACi FOR WATER TREATMENT SERVICE AND CHEMICALS FOR THE ELECTRIC PRODUCTION PLANT; PROVIDING FOR TIIF: EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN { EFFECTIVE DATE. (Bid 12239 -Water Treatment Service and Chemicals awarded 1 to Buckman Laboratories in the estimated annual amount of approximately $50,000.00) { 10. NO. 98.252 AN ORDINANCE ACCEPTING COMPETITIVE B[DS AND AWARDING AN INSURANCE CONTRACT FOR PROPERTY AND COMMERCIAL CRIME COVERAGE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; ' • AND PROVID1140 AN EFFECTIVE DATE. (Bid 92240 - Property Insurance awarded to Arkwright Mutual Insurance Company in the amount of S212.318.00) 11. N0.98.253 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A • CONTRACT FOR THE PURCHASE OF A HYDROMULCHER MACHINE; p • PROVIDING FOR THE EXPENDITURE OF FUNDS THERFFOR; AND PROVIDING AN F: FECTIVE DATE. (Bid #2241 - Hydromulcher awarded to James Lincoln Corp. in the amount of S18,497.00) 1 32 x~Q 1 I SL7PlM1O City of Denton City Council Minutes September 1. 1998 Pdee 4 12. NO. 98.254 l AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR AN ANNUAL PRICE AGREEMENT FOR THE PURCHASE OP PRIMARY AND SECONDARY CONNECTION PEDESTALS FOR THE ELECTRIC DISTRIBUTION DEPARTMENT; PROVIDING FOR ENPENDiTUREOF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (Bid 02247 - Primary and Secondary Connection Pedestals awarded to Wesco) PUBLIC HEARINGS 13. The Council held a public hearing and received citizen input concerning the 1998-99 Annual Program of Services. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public heating. 14. The Council held a public hearing and considered rezoning 3517 Teasley Lane from an Agricultural (A) zoning district to a Conditioned Office (O[c]) zoning district. The 1.8)1-tore property was legally described as Tract 7A of the J. Fisher Survey (Abstract 421) and was located on the east side of Teasley Lane (FM 2181) approximately four hundred and seventy-five (475) feet south of the Bent Oaks Subdivision. The proposal was to develop offices. (The Planning and "Zoning Commission recommended approval 7.0) (1.98-OJ2, 3317 Tearley Lane) Dave Hill, Directorof Planning and Development, stated that this site was located on the east side of Teasley Lane, south of the Bent Oaks subdivision. The proposal was to change the zoning from agricultural to a conditioned office development for limited office uses. The Planning and Zoning Commission recommended approval as proposed by and supported by staff, The eleven conditions proposed were listed in the back up materials and matched those of the site directly to the north £ • this site, All of the conditions severely limited th. types of uses for the property, the esthetics of the site, the buildirq materials to be used and the appearance of the property from the roadway. A neighborhood r,,eeting was held with nine residents attending. The property was not platted and would have to be platted before development. There would only be nine permitted use: with this proposal. The total floor area Has not to exceed 16,500 square feet that was prorated with the same floor to area ratio as calculated with the other offices in the area. • o • The Mayor opened the public hearing. i 1 Joey Higgins stated that the live acres north had been rezoned fot office conditions. He requested the same conditions as that property. No one spoke in opposition. 32 X Q UMqLzJMEK0 I - u ' C'it% of Denton City Council Minutes September 1. 1998 Pugs 5 the Mayor closed the public hearing. the fofimving ordinance was considered! i NO. 98-255 AN ORDINANCE OF THE CITY OF DENTON. TEXAS. PROVIDING FOR A Cl IANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO OFFICE CONDITIONED (O[C]) ZONINJ DISTRICT CLASSIFICATION A.N'D USE DESIGNATION FOR 1.831 ACRES OF LAND LOCATED AT 3517 TEASLEY LANE; PROVIDING FOR A PENALLY I,' THE, MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Kristoferson motioned. Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye". I Burroughs "aye', Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 15. the Council held a public hearing and considered a request to amend a portion of the approved concept plan for a planned development zone district (PD-120). The 270.49-acre tract was located in north Denton on the south side of Loop 288, west of N. Locust Street. The amendment proposed to reduce the amount of land for multi-family residential use by 35.37 acres. add 22,23 acres of land for )Rice uses, increase the amount of land for single-family residential uses by 5.81 acres, and increase the land for park, stormwater detention and open space by 6.69 acres. The proposed maximum number of housing units was reduced by 360 twits. (The Planning and Zoning Commission recommem ed approval (7-0) as modified.) (Z-98-017, North Pointe) Dave Hill. Director for Planning and Development, stated that PD-120 would amend a portion of an approved concept plan. It would reduce the amount of land for multi-family residential use by 35,37 acres, add 2223 acres of land for office uses, increase the amount of land for single-family residential uses by 5.81 acres and increase the land for park, storm water detention and open space by 6.60 acres. The proposed maximum number of housing units was reduced by 760 units. Traffic estimates erceeded the low intensity requirements by 10-15°'o and there were issues tigarding access • o~ er loop 288. There were sufficient utilities within reasonable range of the site. If approved, the new concept plan would vplace the previous plan for boundaries of the property. Failure to approve this proposal would keep the existing plan in place. Ile reviewed the summary of the concept plan factors that were a part of the agenda back-up materials. There was no school site on the concept plan at this point in time. The developers had had discussions with the DISD for possible reservation • of land for a site but nothing was definite at this point in time. C , The Mayor opened the public hearing, Otis Lee stated that the original Planned Development was done in the mid•1989s and the Denton Development Plan was not available at that time. They had recently purchased the southern acres of the Planned Development with several developers working together to rezen: the property. Ile stated that a number of changes had been made to the original planned development. Based on the 32 x o o , I "Oslo City of Denton City Council Minutes September I, 1998 Page 6 previous planned development that was approved, all the floor area ratios had been reduced, the total number of dNNelling units had been reduced, they had agreed to work with staffto set aside land for o retention pond and agreed to discuss and work with the DISD for a potential school site. Mayor Pro Tern Beasley asked where the park area would be located. Lee stated that the southeast comer of the property had been reserved for a park with a detention plan. The DISD had indicated that they would like a school adjacent to a park area with development probably along southeast comer of property. No one spoke in opposition. The h1ayor closed the public hearing. Cochran motioned, Beasley seconded to approve the concept plan for PD 1,'0 following the staff' modificationsas brought to the Planning and Zoning Commission. That would include a floor area f ratio of 30.30 to I for moderate activity; the retail floor area ratio in low intensity of .25 to I; office floor area ratio c f . 'S to 1; neighborhood services low intensity area of 20 to 1 t multi-family density in moderate we A be 18 units an acre; multi-family in low intensity of 12 units an acre; and single family of Vt ~ nits an acre. Council Member Kristoferson offered an amendment to the office zoning. T hose conditions were 02-11 listed on page 2 of the previous Bent Oaks office zoning. Item #8 would be deleted. Council Member Cochran accepted that amendment to his motion, as did Mayor Pro Tem Beasley to her second. Lee stated that because of his understanding of the approval by the Planning and Zoning Commission and the recommendation by staff with the additional constraints in place, he requested that the proposal be tabled until he had time to evaluate the motion in detail. These were significant restrictions on the office zoning that would have impacts on what might be available for development. phis was a different area than south Denton with no establishment of homes in the area. l'he criginal floor to area ratios and densities presented by staff were felt to be to onerous for • the property as well as it being strongly suggested to dedicate an additional IS acres for a detention area. Forty-five acres out of 145 acres of residential was significant in itself without being asked to reduce the density over and above that. Mayor Miller stated that the proposal could be post( oned. This would be a continuation of the public hearing and it would not have to be re-advertised, ~ 0 • Burroughs motioned; Young seconded to postpone the proposal until the petitioner had time to complete an evaluation of the conditions added. On roll vote, Beasley "aye", Burroughs "aye", ( Cochran "aye",Durrance"aye",Kristoferson" aye', Young "aye", W Mkyor Miller "aye". Motion carried unanimously. Y s ~ 4 ~ ~y t X • 0 r , City of Denton City Council Minutes September I. 1998 Pace 7 lb. The Council held a public hearing and obtained input on adoption of a proposed Capital Improvements Plan and Impact Fees for water and wastewater facilities. Jill Jordan. Director of %VaterJ\Vaslewatcr, stated that the City was following state procedures for this process. She presented a list of cities that already had impact fees and the amount of the fees as indicated in the agenda materials. Impact fees determined who would pay for expansions of infrastructures, It would determine whether a developer should pay or existing customers. Overthe next two years with the given population projections, anew water treatment plant would be needed If there were no impact fees, all of those facilities would have to be paid out of the existing rate structure. That meant that without impact fees, there would be a series of rate increases over the upcoming years. As the impact fees were enacted, the rate increases would decrease. The amount of impact fee charged had a direct impact on the amount charged for water. The same was true for wastewater increases. Thirty days after the public hearing, the impact fee ordinance had to be enacted. The Mayor opened the public hearing. Ken Stout stated that impact fees would drive up the cost of homes in the area. He did not agree with impact fees. If growth was in Denton, it was not necessary to have impact fees. I Sheryl Harding stated that she had a concern regarding a new development for a retirement home in Denton, This would be an affordable housing complex for low-income housing, They had received a HUD grant to build this facility with the funding already in place, Impact fees were not included in the cost of the project. She asked for an exemption for the I it Oaks development as an individual project as the plans were already in the pipeline. If they received the exemption they could move forward with the project. If additional money were needed for the impact fee, it would cause a serious delay in the project and a delay for the elderly who needed the housing. There was a serious need in the city fu this type of housing and she asked the Council to consider this project for an exemption. Council Member Young asked if it were possible to allow an exemption for one project. City Attorney Prouty stated that it would depend on how the exemptions were done, Exemptions • could be done for affordable housing with several methods to do this. Council Member Young Wt the Council was moving too fast on the impact fees and needed to settle this portion of the issue first. LIMie McAdams stated that the Affordable Ilousing Corporation worked closely with REACH and • Habitat for Humanity. She was against the application of impact fees to housing construction for ii • } non-profit including the elderly and disabled. There had been a suggestion that it might be 4 discriminatory to exempt this type of housing for the fees. She felt it was no different from a tax abatement that favored one business over another and that the same thing could be done for a non- profit developmentof low income housing whether for single or multi-family housing. There were similar -rdinances in other cities, She asked the Council to past an ordinance similar to the tax abatement policy to allow those citizens to be part of the economic growth in safe decent housing, ? 32 x~ • o City of Denton City Council Minutcs September 1. 1998 Page 8 Becky Ulman stated that they had recently purchased property on Teasley Lane and would shortly be developing Phase 1. She asked the Council to consider grandfathering aspects of how the fee would be applied to projects that already had the preliminary plat approved. She asked that the proposed ordinance be sent to the development community for review. City Attorney Prouty stated that property that was already platted would be grandfathered for a period of one year. i Olman stated that they were only ready for Phase I and would have to deal with other phases that would affect the property. Rick Svehla. Deputy City Manager, stated that if the Council passed the impact fee on September ISth, it would be 14 days before it was enacted. There would be one more Planning and Zoning Commission meeting before September 15". If property was not platted by September 9'", it would be subject to the ordinance. Platting meant the final plat and not the preliminary plat Council Member Young asked if there was a grace period included in the draft legislation. Svehla replied not at this point in time. City Attorney Prouty stated that if the Council went beyond the 30 days, the entire process would have to be renoticed. The Mayor closed the public hearing, Mayor Miller stated that this issue was scheduled for the next Work Session to determine issues to be included. 17. The Council considered adoption of an ordinance annexing a 15.088 acre tract located east of Swisher Road near its intersection with Edwards Road in Denton's extraterritorial jurisdiction northeast of 1.35E; establishing temporary Agricultural (A) zoning district classification and use designation; and providing an effective date, Second reading, A-77, (The Planning and Zoning Commission recommended approval 5-0.) e Dave l till. Director of Planning and Development, stated that this was the second reading of the ordinance to complete the annexation proceedings of this property. This would be part of a future planned development proposal. The only consideration at this point in time was the 15.088 acres annexation that would bring the property in as agriculture. The service plan for this proposal was only for the 15 acres and not for the entire property in the future. s o • The following t rdinance was considered: r NO, 98.256 AN ORDINANCE ANNEXING A 15.088 ACRE TRACT LOCATED EAST OF SWISHER ROAD NEAR ITS INTERSECTION WITH EDWARDS ROAD IN 7 •1 Q 32X ICJ - o City of Denton C'it) Council Minutes September I, 1958 Page 9 DENTON'S F.XFR,4IF,RRITORIAL JURISDICFION NORTHEAST OF 1.35E; ESTABLISHING TEMPORARY AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; 1ND PROVIDING AN EFFECTIVE DATE Young motioned, Beasley seconded to adopt the ordinance. Council Member Kristoferson stated that having reviewed the proposal more carefully and now being aware of the proposed use of the property for townhomes, she felt it was no longer advantageous to annex this property into the City, She felt that the external roads to the property would require significant upgrades to be fully usable by the area and that would have to be absorbed by the City. The response to this area would be by Station 6 and this proposal would require significant additional equipment and personnel for proper response times and for a second call. Mayor Pro Tem Beasley asked for a clarification that the Council was not approving zoning at this time. The property would be annexed as agricultural. Hill stated that the maximum permitted use of this property under the annexation would be 15 single- family homes on one-acre lots. The service plan was not related to townhome development. Council Mcmber Cochran stated that he would be voting for the annexation. The issue was whether it was appropriate for this particular piece of property to be in the city limits which he felt it was. By denying the annexation, the inevitahlewas only postponed and did not necessarily cure the problem The City had a higher level of control when property was within the city limits. On roll vote, Beasley "aye", Burroughs "aye". Cochran "a) a". Durrance"aye", Kristoferson"nay"• Young "aye', and Mayor Miller "aye". Motion carried with a 6.1 vote, 18. The Council considered adoption of an ordinance authorizing the Mayor to execute amendment number six to the agreement between the City of Denton and HDR Enoi^-rring, Inc. for professional engineering services for the City of Denton sanitary landfill development and expansion, relating to Phase 1V and Phase V thereof; providing for the expenditure of funds therefore; and providing for an effective date. • lloward Martin, Assistant City Manager for Utilities, stated that this was an amendment to an existin; contract with HDR and would not exceed $26.000. HDR was the engineering firm on the landfill since early 1993 and they were near completion of the activities on the landfill, This amendment would provide the necessary oversight for completion of the project. • The following ordinance was considered: O • NO. 98-257 i AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NUMBER SIX TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND HDR ENGINEERING, INC. FOR PROFESSIONAL ENGINEERING 32 x I O s . c , City of Denton City Council Minutes September I. 1998 Puce 10 SERVICES FOR THE PITY OF DLNTON SANITARY LANDFILL DEVELOPMENT AND EXPANSION. RELATING TO PHASE IV AND PHASE V THEREOF; PROVIDING FOR THE EXPENDITURE OF FUNDS "THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned Cochran seconded to adopt the ordinance. On roll cote, Beasley "aye". Burroughs "aye". Cochran "aye'. Durrance"aye". Kristoferson "aye". Young "aye", and Mayor Miller "aye". Motion carried unanimously. 19. The Council considered adoption of an ordinance authorizing the City Manager to execute a professional services agreement for engineering and surveying senices related to the relocation of water and wastewater utilities along U.S. Highway 77 from Interstate Highway 35 to U.S. Highway 380, in Denton, Texas, with RUST Environment & Infrastructure, Inc.; authorizing the expenditure of funds therefor, and providing an effective date. Jill Jordan. Director of Wateu'Wastewater,stated that this contract would provide for the engineering work on utility relocation to widen Highway 77 to the Interstate. The City had to move the utilities out of TxDOT's way for the reconstruction. There was a need to obtain a number of easements from different people along the right-of-way. The first phase on the contract would be for the design of the basic engineering work. The second phase would provide a special survey for a legal description of each parcel of land. The number of pa eels was not known at this point in time with 125 parcels allowed for at this time at 5990 for each parcel. Only existing lines would be affected with the exception of a 20 and 16 inch line at high school line. The following ordinance was considered; NO. 99-258 f AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING AND SURVEYING SERVICES RELATED TO THE RELOCATION OF WATER AND WASTEWATER UTILITIES ALONG U.S. HIGHWAY 77 FROM INTERSTATE HIGHWAY 35 TO U.S. HIGHWAY 380, IN DENTON, TEXAS, WITH RUST 0 ENVIRONMLNT & INFRASTRUCTURE, INC.; 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", Dum nce "aye". Kristoferson "aye", Young "nay", and Mayor til filler Motion carried with a 6.1 vote. ~ o s Y, f 20. 'The Council considered adoption of an ordinance on Second Reading authorizing the Mayor ~l7 to execute a third amendment to the existing agreement between the City of Denton and Texas Utilities Electric Company extendingthe term therefore for an additional six month period; finding and determining that the two meetings at which this ordinance is pasta is open to the public as required by law; providing for an effective date; and providing for acceptance of the agreement by Texas Utilities Electric Company and publication of notice of the passage of this ordinance. 32Xj~~ , t . Q Cite of Denton City Council Minutes September I. 1998 Page I I The follotcing ordinance ryas con idered: NO. 98.259 AN ORDINANCE ON SECOND READING AUTHORIZING THE MAYOR TO EXECUTE A THIRD AMENDMENT TO THE EXISTING AGREEMENT BETWEEN THE. CITY OF DENTON AND TEXAS UTILITIES FLECIRIC COMPANY EXTENDING THE TERM THEREFORE FOR AN ADDITIONAL SIX .MONTH PERIOD: FINDING AND DETERMINING *THAT THE TWO MEETINGS AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO IHE PUBLIC AS REQUIRED BY LAW; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR ACCEPTANCE OF THE AGREEMENT BY TEXAS UTILLTIES ELECTRIC COMPANY AND PUBLICATION OF NOTICE OF THE PASSAGE OF THIS ORDINANCE. Kristoferson motioned, Burroughs seconded to adopt the ordinance. On roll vote. Beasley "aye', Burroughs "aye", Cochran "aye". Durance "aye', Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. Council Member Durrance stated that Items 21.28 were all the consideration of the resolutions the Council had previously discussed and asked if all could be considered in one motion. Council Member Young requested that 026 and 028 be pulled for separate consideration. Council Member Cochran asked for separate consideration of Item 027, Beasley motioned. Durrance seconded to adopt the ordinances for Items 021.25. On roll vote, Beasley "aye". Burroughs "aye", Cochran "aye", Durrance "aye', Kristoferson "aye", Young "aye". and Mayo; Miller"aye". Motion carried unanimously, 21. NO. R98.041 • A RESOLUTION REQUESTING THE TEXAS MUNICIPAL LEAGUE (TNIL) TO SUPPORT I HE RECOMMENDATIONS MADE BY THE TSIL LEGISLATIVE POLICYCOMMITTEE ON COMMUNITYAND ECONOMIC DEVELOPMENT REGARDING ANNEXATION, EXTRATERRITORIAL JURISDICTION. EMINENT DOMAIN. SUBDIVISION, LAND USE, BUILDING CODES. SALES 1 TAX. LIBRARY DISTRICTS AND OTHER MUNICIPAL POWERS. O 0 22. NO. R98.042 ~ A RESOLUTION REQUESTING THE TEXAS MUNICIPAL LEAGUE TO SUPPORT LEGIELAI ]ON TO EXCLUDE NEW GROWTH FOR THE PURPOSE OF DE IERMININGNOTICE AND HEARING RFQUIREMENTS TRIGGERED BY ADDITIONAL AD VALOREM TAX REVENUE. i Kos t- 32x~❑ J, o - I tl) City of Denton City Council Minutes September 1, 1998 Page 12 23. NO. R98-043 A RESOLUTION REQUESTING THE TEXAS MUNICIPAL LEAGUE. TO SPONSOR LEGISLATION ALLOWING THE USE OF LOGO READER BOARDS ALONG INTERSTATF.S LOCATED OUTSIDE URBANIZED AREAS WITH A POPULATION OF 25n.000 OR MORE. I 24. NO. R98.044 A RESOLUTION REQUESTING THE TEXAS MUNICIPAL LEAGUE TO SUPPORT LEGISLATION AMENDING THE TEXAS OPEN MEETINGS ACT AND THE TEXAS PUBLIC INFORMATION ACT TO ALLOW CITY j COUNCILS OF CITIES OWNING AND OPERATING THE[ROWN ELECTRIC UTILITIES TO NEGOTIATE AND DISCUSS POWER SALES AND OTHER CONTRACTS IN EXECUTIVE SESSION AND TO WITHHOLD THOSE J CONI RACTS OR PORTIONS OF CONTRACTS WHERE TO DIVULGE THIS INFORMATION WOULD BE DETRIMENTAL TO THE COMPETITIVE POSITION OF THE CITY. 25. NO. R98-045 A RESOLUTION REQUESTING THE TEXAS MUNICIPAL LEAGUE TO SUPPORT LEGISLATION AMENDING THE TEXAS LOCAL GOVERNMENT CODE §252.021 TO ALLOW ALL CITIES UNDER 100,000 POPULATION TO SOLICff ALL INSURANCE BIDS THROUGH COMPETITIVE SEALED PROPOSAL INSTEAD OF COMPETITIVE BIDDING. 26. The Council considered approval of a resolution requesting the Texas Municipal League to support legislation regarding the repeal of §3.25l(d) of the Public Utility Regulatory Act to allow cities to compete against local exchange telephone carriers in communities where the quality, selection and cost effective pricing of telecommunication services are inadequate. Council Member Young indicated that he would be voting against the resolution as government • should not compete with private enterprise. i The follwAing resolution was considered; NO. R98.04b • A RESOLUTION REQUESTING THE TEXAS MUNICIPAL LEAGUE TO p • SUPPORT LEGISLATION REGARDINO THE REPEAL OF §3.251(D) OF THE PUBLIC UTILITY REGULATORY ACT TO ALLOW CITIES TO COMPETE AGAINST LOCAL EXCHANGE TELEPHONE CARRIERS IN COMMUNITIES WHERE THE QUALITY, SELECTION AND COST EFFECTIVE PRICING OF TELECOMMUNICATION SERVICES ARE INADEQUATE, > ANVNM City of Denton City Council Minutes September 1. 1998 Page 13 Beasley motioned, Kristoferson seconded to approve the resolution. On roll vote, Beasley "aye Burroughs "aye". Cochran "a'. Durrance "aye". Kristoferscn "aye", Young "nay", and Mayor .Miller + Motion carried with a' 6.1 vote. 27, The Council considered approval of a resolution requesting the Texas Municipal League to seek introduction and passage of legislation amending Texas Local Govemment Code §551.074 (Texas Open Tlectings Act) to allow members of govcmmental bodies to deliberate board and commission appointments in executive session. The following resolution was considered; NO. R98-047 A RESOLUTION REQUESTING THE TEXAS MUNICIPAL LEAGUE TO SEEK INTRODUCTION AND PASSAGE OF LEGISLATION AMENDING TEXAS LOCAL GOVERNMENT CODE §551.074 (TEXAS OPEN MEETINGS ACT) TO ALLOW MEMBERS OF GOVE:.NMENTAL BODIES TO DELIBERATE BOARD AND COMMISSION APPOINTMENTS IN EXECUTIVE SESSION. Durrance motioned. Beasley seconded to approve the resolution. i Council Member Cochran stated that he would be voting against this resolution as he felt the Council was not hampered by not doing this in executive session and the procedure would not be furthered by doing this in executive session. Mayor Miller stated that this was done to protect the individual in order to have discussions. On roll vote, Beasley "aye". Burroughs "aye", Cochran "nay", Durrance"aye", Kristoferson"aye', Young "nay", and Mayor Miller"ayc". Motion carried with a 5.2 vote. 28. The Council considered approval of a resolution requesting the Texas Municipal League to support legislation to expand the Texas Local Government Code §395.001 to include authority for implementation of impact fees for school facilities. • The following resolution was considered: No. R98-048 A RESOLUTION REQUESTING THE TEXAS MUNICIPAL LEAGUE TO SUPPORT LEGISLATION TO EXPAND THE TEXAS LOCAL GOVERNMENT 0 CODE §395.001 TO INCLUDE AUTHORITY FOR IMPLEMENTATION OF 0 ' IMPACT FEES FOR SCHOOL FACILITIES. l Burroughs motioned, Kristoferson seconded to approvethe resolution. On roll vote, Beasley "aye', l 11 Burroughs "aye", Cochran "aye", Durrame "aye", Kristoferson "aye", Young "nay", and Mayor Miller "aye". Motion carried with a 6-1 vote. I 1 K, 10 J~ 10 C 0tv of Denton City Council Minutes September I. 1996 Page 14 29. Consideration of Standard Hours Area Petition: A. Consider adoption of an ordinance establishing a standard hours area, reducing the hours for sale of mixed drinks, beer and wine, pursuant to Sections 105.03, 105.04. and 105.06 of the Texas Alcoholic Beverage Code: and establishing an effective date. OR Consider adoption of an ordinance ordering an election to be held in the City of Denton, Texas on November 3, 1998 for the purposeof consideringa standard hours area ordinance that would reduce the hours of sale of mixed drinks, beer and wine, pursuant to Sections 105.03, 105.04, and 105.06 of the Texas Alcoholic Beverage Code; and snaking provisions for the conduct thereof. City Attomey Prouty stated that the Council had two alternatives for consideration. The first was to adopt the ordinance as proposed. The second alternative was to call an election for Nov. 3rd to have the electors determine the fate of the ordinance. Mayor Pro Tent Beasley stated that she was in favor of placing the item for an (-:ection by the citizens. The Council already voted twice on this issue and felt the citizens needed to decide the issue. She felt there should be ajoint election with the County as it would afford most of the citizens the most information in where to go to vote. i The following ordinance was considered: NO. 98-268 AN ORDINANCE ORDERING AN ELECTION TO BE HELD IN THE CITY OF DENTON, TEXAS ON NOVEMBER 3, 1998 FOR THE PURPOSE OF CONSIDERING A STe NDARD HOURS AREA ORDINANCE THAT WOULD REDUCE THE HOURS OF SALE OF MIXED DRINKS, BEER AND WINE, PURSUANT TO SECTIONS 105.03, 105.04, AND 105.06 OF THE TEXAS ALCOHOLIC BEVERAGE CODE; AND MAKING PROVISIONS FOR THE CONDUCT THEREOF. y Beasley motioned, Young seconded to adopt ' election ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Dumance "aye", ~:ristoferson "aye", Young "aye", and Mayor Miller f "aye". Slotion carried unanimously, 30. The Council received a report, held a discussion, and give staff direction regarding the 1998- 99 proposed budget 0 p Kathy DuBose, Assistant City Manager for Finance, stated that the budget was balanced at this point . j in time. Unless the Council had other items for discussion, staff%ould bring back an ordinance for ~t► consideration. Questions from the last budget discussion included identifying funding to corer grants for non-profit affordable housing exemptions for impact fees. It was estimated that those costs wou!d be approximately S100,000. The Municipal Court receipts projection changed and current) car's collections would cover W,000 for this project. Onetime funding could beset aside F r ~`t. ?~,0 32x0 1 A City of Denton City Council Minutes Scptembcr I. 1993 E'-qw 15 for next year for these grants. As necessary the City Manager indicated that his contingency fund could be used for any amount over 550,000 that would be required next year, The other issue was the hotel'motel occupancy tax allocations. An additional scenario would be a 4% growth for three years. Consensus of Council was to go with a 4°ro growth. 31. The Council considered nominations and appointments to the City's Boards and Commissions. There were no nominations/appointments at this meeting. 32. Miscellaneous matters from the City Manager. City Manager Jez did r.a,'tave any items for Council. 33. New business The following items of Nov Business were suggested by Council for future agendas: A. Council Member Young asked for a report dealing with the n1unber of individuals allowed in a single dwelling unit. B. Council Member D Lffance asked for an update on removing heavy truck traffic from Highway 380. 34, PossiblacontinuadonofClosed Meetingunder S ctions551.071-551,085oftheTexas Open Meetings Act. There was no continuation of the Closed Meeting. 35. Official Actionon Closed Meeting items held under Section 551.071-551,085of the Texas Open Meetings Act. t, d [here was no official action on Closed Meeting items, l i With no further business, the meeting was adjoum( d at 10:15 p.m. • JACK MILLER, MAYOR f 1Z► • CITY OF DENTON, TEXAS it !F'.NNIFER WALTERS C1I Y SECRETARY { CITY OF DENTON, TEXAS s _ k of r 7w !f 32x~ • 0 CRYOF DEiNTONCITY COUNCIL MINUI'US September 8. 1998 After determining that a quorum Has present and convening in an open meeting, the City Council convened in a Closed Meeting on Tuesday. September 8, 1998 at 5,15 p.m, in the Council Work Session Room at City Hall PRESENT: Mayor Millar. Mayor Pro Tern Beasley: Council Members Burroughs. Cochran. Kristoferson, and Young. ABSENT: Council Member Durrance I Closed Meeting: A. Conference with Employees - Under TEX. GOVT. CODE Sec. 551.075. The Council received information from employees during a staff conference or briefing, i but did not deliberate during the conference. Council Member Durrance arrived during the Closed Meeting. The Council convened into a Special Called Meeting on Tuesday, September 8, 1998 at 6:00 p.m. in the Council Chimbers at City [fall, PRESENT: Mayor Miller; Mayor Pro Tern Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson,and Young. ABSENT: None 1. The Council considered approval ofa resolutionof appreciation for Ted BenavHcs. 1 Durrance motioned, Beasley seconded to approve the resolution. On roll vote, Beasley "aye I Burroughs "aye", Cochran "aye", Durrance "aye', Kristoferson "aye", Young "aye", and Mayor Miller"aye". Motion carried unanimously. 2. 'The Council considered approval of a resolution approving the fiscal year 1999 budget of the Denco Area 9.1.1 District, pursuant to Texas Health & Safety Code §772.309; and providing an effective date. Kathy DuBosc, Assistant City Manager for Finance, stated that the Texas Health and Safety Code { required that that all governing bodies in each participating jurisdiction approve the Denco 9.1.1 budget. The fol towing resolution was considered: R98.049 A RESOLUTION APPROVING THE FISCAL YEAR 1999 BUDGET OF THE DENCO AREA 9.14 DISTRICT, PURSUANT TO TEXAS HEALTH & SAFETY CODE 4772309; AND PROVIDING AN EFFECTIVE DATE. 0 SOW" ' o C it% of Denton City Council NIinutes September 8. 191)% Pace 2 Cochran motioned, Kristoferson seconded to approve the resolution. On roll note. Beasley " aqe". Burroughs "aye", Cochran "a)e", Durrance "aye", Kristoferson "a)c". Young "aye", and N13)or Nliller"aye Motionearrieduaanimously. ' 3. The Council considered approval of a resolution adopting the Capital Improvement Plan professed by the Planningand Zoning Commission; and pro%idinganeffectNeclate. Kathy DuBose. Assistant City Manager for Finance, stated that the first )ear of the five year CIP was rcquiredto be approved by Council. The Coun:il had previously considered the plan. The following resolution was considered: NO, R98.050 A RESOLUTION ADOPTING THE CAPITAL IMPROVEMENT PLAN PROPOSED BY T11E PLANNINO AND ZONING COMMISSION; AND PROVIDING AN EFFECTIVE DATE. Deasley motioned. Cochran seconded to approve the resolution. On roll vote, Beasley "aye". Burroughs "a)e", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller"aye'". Motion carried unanimously. 4. The Council considered adoption of an ordinance levying the ad valorem tax of the City of Denton, Texas, for the year 1998 on all taxable property within the corporate limits of the City on January 1, 1998, not exempt by law: providing revenues for payment of current municipal expenses, and for interest and sinking fund on outstanding City of Denton bonds: providing for limited exempt ions of certain homesteads; providing for enforcement of collections: provid ing for a sevcrabilityclause: and providing an effectivedate, Kath) DuBose, Assistant City Manager for Finance, stated that the ad valorem tax rate would be 3.50815 cents per 5100 valuation. The following ordinance was considered: 0 NO. 98-261 AN ORDINANCE LEVYING THE AD VALOREM TAX OF THE CITY OF DENTON. TEXAS, FOR THE YEAR 1998 ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY ON JANUARY 1, 1996, NOT EXEMPT BY LAW; PROVIDING REVENUES FOR PAYMENT OF CURRENT MUNICIPAL EXPENSES, AND FOR INTEREST AND SINKING FUND ON OUTSTANDING CITY OF DENTON BONDS; PROVIDING FOR LIMITED EXEMPTIONS OF CERTAIN 1{OMESIEADS; PROVIDING FOR ENFORCEMENT OF COLLECTIONS; PkOVIDING FOR A SEVERAPILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. F F "s%'~ ti 32X WNW* C'it) of Denton Uity Council Minutes Septenther 8. 1998 Page 3 ~f Burroughs motioned. Young seconded to adopt the ordinance. On roll wte• Beasley "aye". + Burroughs "aye-. Cochran " a)c Durrance -'aye', Kristoferson •'aqe Young "aye', and Mayor Millcr"a)c-, Motioncarriedunanintously. ' Kathy DuBose, Assistant City Manager for Finance, stated that Items 45.12 included the supporting ordinances for the fees and rate schedules previously discussed by Council. These Here also the rates on %Nhich the budget was based. Heasley motioned, Durrance seconded to adopt the ordinances for Items 45.12, with an amendment to remove the $10 fee from the solid caste fee. On roll vote, Beasley "a)e•-, Burroughs "aye", Cochran "aye", Durrance "aye". Kristoferson "aye", Young "aye", and Mayor Miller"aye". Motion carried unanimously. 5. NO. 98-262 AN ORDINANCE AMENDING THE SCHEDULE OF ELECTRIC RATES CONTAINED IN ORDINANCE NO, 97.236 FOR ELECIRIC SERVICE; ADDING ]HE ENERGY SAVE PROGRAM (EP) AS CONTAINED IN ORDINANCE NO. 98-093; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE, 6. NO. 98-263 AN ORDINANCE AMENDING THE SCHEDULE OF WATER RATES CONTAINED IN ORDINANCE No, 97.237 FOR WATER SERVICE; AMENWNG THE CHARGES FOR TAP AND METER FEES; AMENDING THE WHOLESALE RAW WATER SERVICE RATE TO UTRW'D (\\'kW) CONTAINED IN ORDINANCE NO. 98.079; AMENDING THE WHOLESALE TREATED WATER SERVICE RATE (WW2) TO UTRWD CONTAINED IN ORDINANCE NO. 98-080; PROVIDING FOR A SEVErABILITY CLAUSE: ` AND PROVIDING FOR AN EFFECTIVE DATE. 7. NO. 98-264 AN ORDINANCE AMENDING THE SCHEDULE OF WASTEWATER RATES CONTAINED IN ORDINANCE 97.238 FOR WASTEWATER SERVICE; AMENDING ORDINANCE NO. 98-067 FOR COMPOST AND MULCH 1 SERVICE (CWM); AMENDING THE RESIDENTIAL WASTEWATER WINTER AVERAGE RATE METHODOLOGY(SR)AND VOLUMES BILLED; AMENDING THE WASTEWATER TAP FEES; PROVIDING FOR A SEVERABILITYCLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 8, NO, 98.265 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF MISCELLANEOUS FEES. DEPOSITS, BILLINGS AND PROCEDURES FOR PROVIDING ADMINISTRATIVE SERVICES TO CITY 10 32 X 44- s • ROMM 0 Cite of Donlon Cite Council Minutes September 8, 1998 Page 4 C US TOMERS AND TANPAYERS CONTAINED IN ORDINANCE NO. 93-164; AMENDING THE DELINQUENT SERVICE FEE FOR RECONNECTION OF SERVICE AFTER HOURS; AMENDING THE. CREDIT CARD SERVICE FEE; AMENDING THE CREDIT CARD SERVICE FEE PROVISIONS CONTAINED IN ORDINANCE NO. 95-096; PROVIDING FOR A REPEALER; PROVIDING FORA SEVFRABIIATYCLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 9. NO, 98.266 AN ORDINANCE AMENDING THE SCHEDULE OF RATES FOR SOLID WASTE SERVICE CONTAINED IN ORDINANCE NO. 97.239, AS AU7 HORIZED BY CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; AMENDING THE CHARGES FOR A SIX CUBIC YARD COMPACTOR; AMENDING THE PICKUP CHARGES FOR OPEN TOP CONTAINERS; ADDING A SURCHARGE FOR EXCESS OPEN TOP CONTAINER WFIGHT; AND ADDING A CHARGE FOR ANY OPEN TOP CONTAINER OVER NINE TONS; ADDING A CHARGE FOR COMMERCIAL BULKY ITEMS; ELIMINATING THE TWELVE CUBIC YARD COMPACTOR; AMENDING THE OUTSIDE THE CITY LANDFILL RATE; AND ADDING A NEGOTIABLE LANDFILL RATE FOR OUTSIDE THE Ci rY WASTE HAULERS; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10. NO, 98.267 AN ORDINANCE OF THE CITY Ov DENTON, TEXAS AMENDING SECTION 13.21 AND SECTION 13.22 OF CHAPTFx 13 "FOOD AND FOOD I LSTAB [-ISHMENTS•• OF THE CODE OF ORDINANCES OF THE CITY OF DEN [ON; PROVIDING THAI PERMIT FEES SHALL BE SET BY CITY COUNCIL BY ORDINANCE AND PROVIDING FOR THE EXEMPTIONS OF THE Cl rY OF DENTON AND POLITICAL SUBDIVISIONS AND AGENCIES OF THE STATE OF TEXAS AND THE UNITED STATES OF AMERICA; PROVIDING FOR THE ADOPTION OF APPLICATION AND PERMIT FEES it FOR RESTAURANTS, 'h ?.RY STORES DAYCARE CENTERS, AND OTHER CERTAIN ESTi.lo ;.1i •IENTS; PROVIDING FOR THE ADOPTION OF A CONSUMER HEALTH PERMIT FI L SCHEDULE FOR FOOD AND FOOD ESTABLISHMENTS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 9 11. NO. 98-268 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMFNDING AND ADOPTING THE SCHEDULE OF FEES AS AUTHORIZED BY CHAPTER 34 j AND CHAPTER 35 OF THE CODE OF ORDINANCES FOR THE CITY OF DENTON, TEXAS. FOR FILING APPLICA ['IONS FOR REVIEW, APPROVAL, k r 5 s , hti wu tr # iJ ,32 !.J X 0 City 01 Ihmun City Cuuneil Minutcs September 8. 1998 Pair 5 GRANT OR ISSUANCE OF PLATS, PLANS, LICENSES, CERTIFICATES. VARIAN'C'ES OR DESIGNATIONS REQUIRED BY THE SUBDIVISION RI LES AND REGULATIONS AND 7.ONINO REGULATIONS OF T HE CODE ' OF ORDINANCES: AMENDING SECTION 34-IO OF CHAPTER 34 OF THE CODE( OF ORDINANCES OF THE CITY OF DEN TON AND CHAPTER 35 OF 111E CODE OF ORDINANCES OF THE CITY OF DENTON BY ADDING SEC'ITON 35.56. PROVIDING FOR THE LXE%IPTION OF THE CITI' OF DEN TON AND "Lilt: POLITICAL SUBDIVISIONS AND AGENCIES OF THE STATE OF TEXAS AND THE UNITED STATES OF AMERICA FROM THE FEES OF C HAP1 ER 33 AND CHAPTER 35. CODE OFF ORDINANCES, CITY OF DENTON. TEXAS; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING A SEVF.RABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DALE. 12. NO. 98-269 AN ORDINANCE: OF THE CITY OF DENTON. TEXAS, AMENDING f CHAPTER 28 "BUILDINGS AND BUILDING REGULATIONS" PROVIDING FOR C11 Y COUNCIL SETTING OF FEES BY ORDINANCE, BY AMENDING SECTION 28.28(3) PERMIT FEES: AMENDING SECTION 28.28(4) PLAN REVIEW FEES; AMENDING SECTION 28.26(7) REINSPECTIONS; AMENDING SECTION 28.28(9)A. AND B.(I) THROUGH (7) TABLE I.A. PERMIL FEES FOR NONRESIDENTIAL BUILDINGS AND ADDITIONS AND REPAIRS TO RESIDENTIAL BUILDINGS; AMENDING SECTION 28.28(10) 1 TABLE I•B, PERMIT FEE SCHEDULE FOR NEW ONE- AND TWO-FAMILY DWELLINGS: AMENDING SECTION 28.121(1) - (12), ELECTRICAL INSPECTIONF'EES: AMENDING SECTIONS 28.210(F)AND(G), PLUMBING ~ PFR\IIC FEE SCHEDULE; AMENDING SECTIONS 28.252(9) AND (10) j TABLE I-A, NIECHANICAL PERMIT FEES; AMENDING SECTION 28-297(3) 1 SWIMMING POOL PERMIT FEES; PROVIDING FOR THE EXEMPTION OF THE CITY OF DENTON, POLITICAL SUBDIVISION'S AND AGENCIES OF THE STATE' AND FEDERAL GOVERNMENT FROM ALL FEES OF C'ILAPTER 28 OFT HE CODE OF ORDINANCES. CITY OF DENTON. TEXAS; PROVIDING FOR THE REPEAL OF ORDINANCE 83.129 ESTABLISHING C'ERT'AIN FEES: PROVIDING FOR THE REPEAL OF ORDINANCE 90.161 PROVIDING FOR DEMOLITION FEES: PROVIDING FOR THE ADOPTION OF A FEE SCHEDULE FOR THE,' FILING OF APPLICATIONS. REVIEW, APPROVAL., GRANT OR ISSUANCE OF PERMITS. INSPECTIONS, LICENSES. CERTIFICATES, VARIANCES OR DESIGNATIONS REQUIRED BY THE "BUILDINGS AND BUILDING REGULATIONS" AND "SIGNS AND • ADVFRTISING DEVICES", SET FORTE[ IN CHAPTERS 28 AND 33 OF THE O • CODE OF ORDINANCES OF THE CITY OF DENTON; AMENDING CHAPTER 28, CODE OF ORDINANCES, CITY OF DENTON. TEXAS BY ADDING SECTION 28.32 PROVIDING FOR AN EXEMPTION FROM FEES FOR TIIE CITY OF DENTON AND POLITICAL SUBDIVISIONS AND AGENCIES OF TIIE STATE. OF TEXAS AND THE UNITED STATES OF AMERICA; PROVIDING FOR THE REPEAL OF ALL ORDINANCES THAT k` 32 El 0 O zr~ City ofDcntonCity Council Minutes September 8. 19,48 Page 6 CONFLICT 11F:REWHIE PROVIDING A SEVERABILITI CLAUSE: PROVIDING A SAVINGS CLAUSE: PROVIDING FOR PUBLICATION: AND PROVIDING AN EFFECTIVE DATE. ' 13. The Council considered adoption of an ordinance of the City of Dccton, Texas, approving the 1998 tax rolls; and proOdingan effective date. phis item was pulled from consideration 14. The Council considerd adoption of an ordinance adopting the budget of the City of Denton, Texas for the fiscal year beginning October I. 1998, and ending September 30, 1999; and providing an effective date. the following ordinance was considered: NO. 98-270 I AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF DLNTON. TEXAS FOR THE FISCAL YEAR BEGINNING OCTOBER I, 1998. AND ENDING SEPTEMBER 30,1999; AND PROVIDING AN EFF EC IIVE DATE. Beasley motioned, Durrance seconded to adopt the ordinance. On'roll vote, Beasley "aye", Burroughs Cochran "aye". Durrance "aye", Kristoferson "aye". Young and 61ayor Miller"ayc". Moticia carried unanimously, Following the completion of the Special Called Mewing, the Council convened into a Work i i Session to consider the following: 1. The Council held a discussion and gave staff direction on the ordinance prepareJ by the legal consulting firm. Dahlstrom McDonald, for the proposed Capital Improvements Plan and Impact Fees for water and wastewater facilities. Jill lordan, Director of Water/Wastewater, stated that there were several issues Council had to decic:e on regarding the ordinance. The first issue was how, much to charge whether it should be A the maximum or some amount less than that. The second issue was when the charge should be implemented. Staff was recommending that it be charged at the building permit stage. The third issue was the issue of appeals. Depending on unique circumstances, a developer or homeowner might want to appeal the impact fee amount. I he appeals could be heard by Councilor staff The proposed ordinance indicated that the appeal would be heard by Council, The fourth issue dealt with exemptions, Currently there were no exemptions included in the ordinance. Affordable housing would be dealt with in a separate program with a separate ordinance or resolution. The fifth issue was when to pay the impact fee - whether to allow it to be paid out over a certain period b of time or in a lump surn The sixth issue was when to have the ordinance go into effect. Currently it was scheduled to go into effect 14 days from enactment. Council Member Young stated that he would like to see a payout provision added to the ordinance. A payout would provide relief to homeowners and allow individualsto build a home. , 7~ M W 'Ali k J gl ' 32 X Cl • 0 i WORM City Denton City CouncilMinutes of J September 8. 1998 Page 7 i Council Member Kristoferson stated that she was reluctant to see a payout provision The City would then have to enforce the provisionif there was non-compliance. City Attorney Prouty stated that he did know of any other fee ordinance that had s deferred payment provision and was not certain on what a time period would he. The fee was low compared to the cost of :he house, lie would suggest a 24.48 month payout. Council Nlember Cochran stated that one of the difficultieswas that the individual v ould be paying mortgage on that amount. Over a 30 year mortgage that would greatly increase the amount. If it were specifically limited to single-family to owner bull, homes, it would not be a problem to enforce, He felt it was not unreasonable to allow for a payout for citizens. Mayor Miller presented the five items that needed Council consideration. H1. How much fee to charge - staff was recommending 100%. Council Member Burroughs felt that 100% would be too high. He suggested a stair step of 50.75- 100% for implementation. City Attorney Prouty stated that the Council could set the rate at 500,16 but had not researched the possibility of a gradual increase, it might be possible to amend the amount each year upward until the 100% was reached { City Nlanager.lez stated that the utility budget was based on 800/6 of recovery. Mayor Pro Tem Beasley stated that 100% recovery would allow the City to do S55 million of watenvcasicwater projects. That would not even be a full recovery for those projects. She was against not going to 100%. There was much work to do and those funds were needed to do those. Jordan stated that this was just the first round of impact fees. This was just for treatment facilities or storage tanks. There was still a need for collection and distribution system fees and the cost for those improvements would be equally substantial. She did not want to create an unfair advantage for one set of developersover another. Consensus of Council was to have a 100% fee, k2. When to charge the fee - staff was recommending charging the fee when the bu i ldi ng pemrit was issued. Consensus of the Council was to charge the fee at the time the building permit was issued. 0 03. Appeal process • staff recommended the appeal go through Council. Consensusof Council was to follow the gaffrecommendation. k 04. When would the ordinance go into effect - if passed next week there would be a 14 day waitingperiod. r j° ;tyyr, ~xla ;32xia e u t City of Dcnton City Council Minutes September 8. 1998 Vag., 8 ( City Attorney Prouty stated that no matter what was the outcome of Council, because there was a penalty clause, the ordinance caption had to be published in the newspaper and would be eftcctice 14 days from the date of passage. Dave I fill. Director of Planning and Development, stated that "luncil could pass the ordinance and make a later effective date. The prublem with that was if the effective date was too long, there would be a huge rush from the developers to push plats through. Consensus of Council was to remain on the proposed schedule and pass the ordinance on September 15th and make it of mive 14 days later. #5. Payment plan Council Member Young felt the impact fee would add more per month for an individual's mortgage payment and that it would be good to have a payment option for individuals. Council Slember Cochran stated that the amount would be approximately $18 per month extra ar.,: the City would be able to handle such a payment plan. Mayor Pro Tern Beasley felt that it might be t,, costly to administer such a program and that there was a need to look at how much time and effort it would take to administerthat typ^ of program. City Manager Jez suggested allowing staff to incorporate the foor suggestions already made by Council and during the next week work on the questionsof why no otherrities had a payment plan. what the interest rate might be, the numbtr of;:!~tallmeuts to be offertd, and reasonable limits or applications to impose. Council Member Burroughs asked how this would be enforced. City Attorney Prouty stated that the Council would want to establish this program through a promissory note or deed of trust. 1 The Council received a report, held a discussion, and gave staff direction regarding the establishment of an Affordable Housing Impact Fee Grant Program for Water/Wastewater A I reatment Impact Fee reimbursement. City Attorney Prouty stated that the resolution would provide some relief to non-profit corporations. It provided for an economic development grant program under Chapter 380 of the Local Govemment Code that would allow any non-profit corporation that ecnttructed affordable housing to apply for a grant in an amount equal to the impact fee. It would not be limited to impact foes and the -orporation could apply for a grant for any purpose in conjunction with affordable I housing, The corporation would be contractually obligated to build and sell affordable housing within 15 months. Council needed to decide whether to allow single-family and/or multi-family s housing. As it was written, the resolution was limited to single-family projects. Dave [fill. Director of Planning and Developmentstated that there were three questions the Council had to answer. The first was whether single-family standards would meet with Council approval. t a f7 3 2 x f4 1 y .nuras e a City of Denton City Council Minutes September 8, 1998 Page 9 ( The second was whether or not to include mufti-family housing in the standards. The third was whether to include mu$i-family in the fifty single-family cap. Burroughs motioned. Kristoferson seconded to approve the single-family standards with the addition of a provision for Iow-income multi-family elderly and disabled housing to the standards { and to keep the cap at 50 units. These would be for non-profit projects. On roll vote Beasley "aye". Burroughs "aye', Cochran "aye", Durrance "aye". Kristoferson "aye", Young "aye", and Mayor Miller"aye'. Motion carried unanimously. With no further business, the meeting was adjourned at 1; 30 p.m. rr JACK MILLER, MAYOR CITY OF DENTON, TEXAS i. n JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS rr ra i ~ r{ t . 1. i . ~ i4 I , V r i. 25 ❑ 32 ' p . Arwasr AGENDA INFORMATION SHEET Aynnda flu /,7/.'~_07_✓ Apenda Item.., ~ _ AGENDA DATE: December 8, 1998 Questions '4~errtiagthis A- Ap, acquisition may be directed DEPARTMENT: Finance - Purchasing to Alex Pettit 349- 8562 ACM: Kathy DuBose, 349-8228 ' SVBJ AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER #4 TO A LEASE AGREEMENT FOR PC'S, MONITORS AND PERIPHERAL EQUIPMENT BETWEEN THE CITY OF DENTON AND IBM CORPORATION; PROVIDING FOR AN INCREASE IN THE QUANTITY OF ITEMS AND AN INCREASE IN THE ANNUAL LEASE PAYMENT AMOUNT; AND PROVIDING AN EFFECTIVE. DATE. (LEASE #2045 TO IBM CORPORATION IN THE AMOUNT OF 51,144,550.26 + CHANGE ORDER 44 IN THE AMOUNT OF $84,538) BACKGROUND On April 13, 1997, the City Council approved a master lease with IBM Corporation for the equipment necessary to imple^tent phase #1 of the Long Term Information Services Plan. This Iease is a 36-month lease agreement for equipment supplied by NTCS, Inc., a State of Texas General Services Commission Qualified Information Services Vendor (QISV). Originally, we acquired 358 PC's, monitors and related peripheral equipment at a cost of 5897,268. Change Order #1 was approved by Council April 7, 1998 adding 69 PC's, monitors and peripherals in the amount of $212,517.26 and included Lease Supplements # 1, 2, 3 & 4. Change Order 42, Lease Supplement AS was approved September 15, 1998 adding 8 additional PC's and monitors in the total amount of $20,469. I Change Order #3, Lease Supplement 06 was approved November 11, 1998 adding 5 Laptop PC's with extended warranties and includes r laptop for the Utilities Department, cnc for Administrative Services, one for Public Safety, one to Information Services and one to serve as a loaner, i Change Order 94, Lease Supplement #7 will add 30 power system workstations and • i monitors with extended warramics. These workstations will be assigned to those users that have determined the earlier hardware has become a bit weak in supporting their new and changing requirements, Primarily, members of the Engineering staff for General Government lnd Utility. The first annual payment for the additional lease revision change order #4 totals 528,346. T,te 36-month total, including finance charges, is $84,538. The additional requirements are due primarily to increased application of the high tech electronic communication system. I I 1 1 A Ii f 4r~,t~ 31h~ 25 l 32X10 ~ ~ 1 s flow" 0 AGENDA INFORMATION SHEET DECEMBER 8, 1996 PAGE 2 OF 3 BACKGROUND (CON'TI » The equipment pricing is from NTCS, Inc., from State of Texas General Services Commission pricing as previously mentioned. NTCS, Inc. will sell the equipment to IBM and they, in turn, will lease the equipment to the City of Denton ESTIMATED SCHEDULE-QE-PROJECT: This equipment is currently in stock and available for 2.3 day delivery with completed installation in 10.14 days. PRIOR ACTIONLUVIEW (Councll,Boards, Commisslonsl On March 6, 1997 the Information Services Advisory Board considered and approved a 3-year master lease agreement with IBM Corporation for PC's, monitors, notebooks m.d docking stations to implement the City of Denton's Long Range Technology Plan. The Public Utility Board had approved the proposal at a previous meeting. • City Council approved the master lease on April 15, 1997 in the 36-month amount of $897,268. • City Council approved Change Order #1 on April 7, 1998 in the amount of $212,517.26. • City Council approved Change Order #2 on September 15, 1998 in the amount of $20,469. • City Council approved Change nm-r #3 on November 17, 1998 in the amount of $14,276. FISCAL INFOR,IIATION Funding for the increased annual payment is available in the Tech plan budget account #468.444-CONIP-9847.9103. CONTFtACT CHANGE ORDER 1NFORN ATiON This Change Order 04 is an add-on to the master lease. The udditional equipment includes 30 workstations and monitors with extended warranties. The agreement's for 36-months divides into 2 a,tnual payments of 528,346 and one payment of $27,846, • totaling $84,538. 2 WWWWW". WON f ~ y'~ "Y ~ i' it ♦ i, l y I I t s • I tV 1 , art xn Y AGENDA PTFORM.%TION SHEET DECEMBER 8, 1998 PAGE 3 OF 3 Respectfullyy submitted Name, Tom Shaw, CY.M., ?49.7100 Title: Purchasing Agent I Attachment MI: Equipment Quotation from N"fCS, Inc. Attachment #2: QISV Certilication ' Attachment #3: Purchase Order 90822 [1S0.n0ENDA 3 7 w t is n t ri ``fi~r FY a.., xr< , 1 3 f 1. Y f r City of Denton t MMIn~/■WOi01 ~ Nt MINI ,i ~ YK _ . _ A+!■ YAM 30 vpov~lpllwpp-, ~ N61w! Ulswic6tR [.~y 61 iGM1RbM1.q~Og I _ _ 'lic ro~1~~iGvil~nic■w~, i~■4w~sRwiGaerr.wcn,; 1 .,w>.wr.. n.. sa~~!~~!h!~!'5. ~ rww■~i ■c rl'a :..•fE . -:►PMd~40-.:.__ 'C.: ~1'+It ►4i~... ~ 61r f.:. - w.uiH : _M~1lNI_, swyN~!ty 3E~1ia~„ir!+e4.. . :fr~_.!~:~~~illa~:y4~ 1 . y~ in R 4,t3kr - Udi i Ii,+rT~ ?3?hl Z"^IN ~.~Ij!,1M~7!!.4►M „qy y~ ll■i .'!i i■~H, iifil.i,MMI -VIP ` ws&ryif1114;i6 im rfwFvLl t ,y/w y,f-w ~4.e wk ■w l~iaw - . N.. ,~iluwwirw:ikl"~K/fi----..... ~-E~ - • • 'iiwl`~ wl'rilliSdii NQ _ _ 1 A I 1 { 1 M~, . 2 5 x a 32 x 1 4 1 s _ e NILJ, tNL. 1UtrUY4 U1.1 Ur'yb 11t2b No.UU1 r~U; I 1 Attachment 0 2 TC$ ~Cr row I 9e aNli 3801 t•35 No,th. Sv116 126 Donlon, 16'XCII 16207 910.387.0122 j. ME1RO 972.131.2635 FAX 910.383.1332 October 7, 1948 Tom Shaw City of Denton • Purchasing 901 B Texas Denton, TX 76201 Dear Mr, Shaw: Per our discussion, I am sending you this later to inform you that the computer systems on the attached proposal have been submitted to our State of Texas Qualified Information Services Vendor (QISV) Catalog, if you need any other information, please do not hesitate to tali, Sincerely, David Johnson, NTCS, Inc, Cc Tom Shaw, Purchasing 0 Bobbie Cargile, IS r, t 1• ~ 0 • 930 W. first 61. DN Sidle 1 foil Worlh, !eras 16101 617.33S MD FAX 111,335.1350 5 h 3c 1 0 22 X r 4J w s e - O i , h , PURCHASE ORDER NO: 91648 THIS IS A INe number must eppeei on All CONFIRMING ORDER inva,ces. Celrvert, eI~DS. uses. (IF MARKED) tins, bores, pecking Ibpe and Eille. . DO NOT DUPLICATE rt Req No Brd No. 2045 call 11 23 98 Page No. 01 CITY OF DENTON TEXAS et PLACHASINO DNISION 1 901-8 TEXAS STREET I DENTON. TEXAS 16201-4354 9401349-7100 O/FNV METRO 1117/257-0042 FAX 9401349-7302 VENDOR IBM CORPORATION NAME/ HI.TH/B/MFG/INS DELIVERY CENTRAL RECEIVING S11 ADDRESS 1605 LBJ FREEWAY ADDRESS INFORMATION SERVICES DALLAS TX 75234 901 B TEXAS ST DENTON, TX 76201 DEAN BELVIS VENDOR NO. 11149000 DELIVERY QUOTED 12 10 98 FOB DESTINATION BUYER T8 TERMS utiM ~~I li ,'T • r W Ion LINE TITY UNIT I 001 30.000 EA VENDOR CAT. 1 N / A MFG NAME 646.000 19,380.00 I C19Y 4 9100 POWER SYSTEMSi COMPAQ DESK PRO EP, M10000/CDS, P2-400, •i 1008 HD, 64MB RAM, 512K CACHE, 24X CD, WINDOWS 95 IN A "LOWERABLEM CONFIGURATION, COMPAQ XETELIGENT 10/lUD TX 2CIUTP, VIDEO RAM UPGRADE. 002 20.000 9A VENDOR CAT. 4 N / A MFG SAME 172.000 3,440,00 CITY A 9100 I • POWER XONITORt COMPAQ V75 11", .26 DOT PITCH, 1280 RES. { D03 10,000 EA VENDOR CAT, N N / A MFG NAME 448.000 4,480.00 CITY N 9100 POWER MONITOdSt COMPAQ V100.0 21", .26 DOT PITCH; 1600R£S P.09 TOTAL s 21r300.00 VINDOR INStR01:110N4, 1 terms • Nei 10 k'^r.,. n•."..n - I, Send enpnal ,nvmUU with Citheste copy 4. SNippinp melr4Xhene 0.04 OeibMlmn prepud ilw os a"n•-u ,rw".el } e,ll to - Accounts Feyebla 6, % foretell Of sine ulee Iu %Ne11 It MlUded r its E W91" r S1 in prices Idled ter. ring ivision Denson, tx 162 01-4 199 j • - r ~ 25 x Q 32x10 • 0 reerrre • 0 1 , r . PURCHASE ORDER N0. 91648 8 THIS IS A j lm+ number nN1t +pG+r NI CONFIRMING ORDER es, delivery shpt ll ops w . (IF MAR ARXEIA cans. boxes, packing +np+ +nd bul+' 00 NOT DUPLICATE Red No &d No: 2045 Date; 11 23 98 P+pe No. 02 PURCHASING DIVIS`IION 1 9001 9 TTEEXAS STTRMP TDEEN`ON TEXAS 70201-4354 9401349-7100 D/FVV METRO 817/267-0042 FAX 9401349-7302 VENDOR IBM CORPORATION NAME/ IILTH/B/NFG/INS DELIVERY CENTRAL RECEIVING 811 ADDRESS 1605 LBJ FREEWAY ADDRESS INFORMATION SERVICKS DALLAS TX 75234 901 B TEXAS ST DENTON, TX 76201 DEAN BELYIS VENDOR NO. 11143000 DELIVERY OUOTED 12 10 98 FOB DESTINATION BUYER TS TERMS r. 004 1.ooO EA VENDOR CAT. 1 N / A MFG NAME 1,046.000 1,046.00 CITY 0 9100 j 30 POWER WARRANTY UPGRADES-UPGRADES 1 YR LABOR WARRANTY ON f PC AND MONITOR TO 3 YRS TOTAL roo 001 P G8 TOTAL 1 1,34046.6.00 f ~ 460 044 CORP 9847 9107 28,346.00 GRIND TOTAL 1 28, I VfNDOA INf1AUC110115: I 1 l+rml krl 16 ,MMU rn°•^r a00'.41 1 Send eA,in/ rwerte siA IuFluale /+PT; 4. Slippny lnsirecunnt A00 OfIlin+nen M+p+if It"','A"woo. I I bill to • AtZll Fryll+ 6 No IrfrrN r flrll M,1 III %Wl It e¢IuAef III E. McKimp It a prnr4 I0144 rfc m Ml 4 x ~Q 32x10 , s , aurran 0 ~.a ORDINANCE NO. AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER M4 TO A LEASE AGREEMENT FOR PC'S, MONITORS AND PERIPHERAL EQUIPMENT BETWEEN THE CITY OF DENTON AND IBM CORPORATIOY: PROVIDING FOR AN INCR"_'ASE IN THE QUANTITY OF ITEMS AND AN INCREASE IN THE ANNUAL LEASE PAYMENT AMOUNT; AND PROVIDING AN EFFECTIVE DATE. (LEASE #2045 TO IBM CORPORATION IN THE AMOUNT OF $1,144,5$0.26 + CHANGE ORDER #4 IN THE AIAOUNT OF 584,538) WHEREAS, on 4.15-97, the City awarded a 35-Month Master Lease Agreement for PC's, MONITORS, LAPTOP, DOCKING STATIONS AND PERIPHERAL EQtTIPMENT TO IBM CORPORATION in the annual amount of $997,268 total; and WHEREAS, on 4.7-98, the City Council approved change order #1 in the annual amount of $68,422,42 olus a one time payment of $7,250 for a total of 575,672.50; 5212,517.26 master lease increase; and WHEREAS, on 9.15-98, the City Council approved change order 02 in the total amount of S20,469; and N%-HEREAS, on 11.17.98, the City Council approved change order #3 in the total amount of 514,276; and WHEREAS, the city manager having recommended to the Council that a change order be authorized to amend such agreement with respect to the scope of price and said change order being in compliance with the requirements of Chapter 252.022 of the Local Government Code since the equipment being added to the master lease has been competitively bid by the State of Texts General Services Commission and prices are from a Qualified Informative Services Vendor Catalogue (NTCS, Inc); AOW, THEREF01(E, TI IE COUNCIL OF TIIE CITY OF DENTON HEREBY ORDAINS: , SECTION L That change order #4 inc rasing the amount of the lease agreement between the City and IBM Corporation copy of which is attached hereto, in the amount of F,IGHTY FOUR 111OUSAND FIVE HUNDRED THIRTY EIGHT DOLLARS AM' no/100 " ($84,538), is hereby approved and the expenditure of tuads t`,erefor is hereby authorized, The S master lease amount is amended to read $1,229,088.5, O s a 710 32x10 -'MAIL -'9LM i urawa , r I ftf I SECTION II. That this ordinance shall become effective immediately upon its passage and approval r PASSED AND APPROVED this the day or 1496. 1 JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: i 3 APPROVED AS TO LEGAL FORM: I HERBERT L, PROUTY, CITY ATTORNEY BY: r. 2043 CHANOL ORDERA4 ORDINANCE It S.r AIM T 4. A Y. , , A 1 tl 10 32xIo A. I I . o , I lasso A(;e IIdA ND AGENDA INFORNIATION SHEET Daonda Italn Hate - AGENDA DATEt December 8, 1998 Questions concerning this acquisition may be directed DEPARTMENT: Finance - Purchasing to Howard Martin 349.8232 ACM: Kathy DuBose, 349.8228 I I SUBJECT: AN ORDINANCE AUTHORIZING THE tiXECUTION OF CHANGE ORDER #4 TO A CON1RACr FOR THE CONSTRUCTION OF LANDFILL CELL #1 BETWEEN 111E CITY OF DLNTON AND R13VLANDMARK RECLAMATION, INC.; PROVIDING FOR AN INCREASE IN THE SCOPE OF WORK AND AN INCREASE IN THE PAYMENT AMOUNT; AND PROVIDING AN EFFECTIVE DATE. (BID #2165 TO RBLI.ANDSIARK RECLAMATION, INC. IN THE A IOtrNT OF 51,523,913.68 +CHANGE ORLER 04 IN THE AMOUNT OF $6,100) I 1 BACKGROUND: On March 3, 1998 the Council approved a contract with RBL'Landmark Reclamation, Inc. in the amount or 51,503,817.74 for the construction of Landfill Cell #1. • Change Order # I was a no charge change order approved by the City of Denton 7.22.98 • Change Order #2 in the amount of $10,069.94 was approved by City rf Denton 8.27.98 • Change Order #3 in the amount of S10,026 was approved by City Manager 10.14.98 Total contract revised to read S1,513,913,68 I , I RECOMMENDATION: We recommend change order #4 to repair a leaking seam in the plastic liner be approved in the amount of $6,100. 1 ESTI)IATED SCIIEDUI,E OF VROJECTt i 1N'RCC tt requesting this repair be done as soon as possible. It will be completed by 12.12.98 if approved. i r- PRIOR ACTIONiRE1'IFW (Council. Boards. Corn sslonsl: E • Contract Awardcd (`larch 3, 1998 SI,503.817.74 71V • Change Order #1 Approved Icly 22, 1998 S -0- e Change Order •2 Approved August 27. 1998 S 10.069.94 • Change Order #3 Approved October 14. 1998 S 10,026 1 41 25)(10 10 i r 0. l i 4 AGENDA INFORMATION SHEET DECEMBER 8, 1998 PAGE 2 OF 2 I FISCAL INFORAIATIONI Funds for this change order are available in account #634.014-M96.806A-9003. CHANGE ORDER INFORMATION: This change order #4 in the amount of $6,100 is for the repair of a leak in a seam on the plastic liner in Cell #1 of the Landfill, The repair is required by TA k C prior to proceeding with the project. This $6,100 change order is Doing presented to Council for approval since the total of change ; orders 411, 2, 3, and 4 exceed the $25,000 limit extended to the City M,nager for change order / apprcval. Respectfully submitted: Name, Tom Shaw, C.P.M., 349-1100 Title: Purchasing Agent f Attachment #L• Purchase Order 84456-R99 (Reflecting Change Order #3 & 4 from 1998199 funding Attachment #2: Quote from Landmark Reclamation, Inc, IM AUM A ' f J r ~ I EP /~Y r r~ (C ' 2 lA rl~'tkGwIY4 , r6.r ~i S M1 I+1 ll~r a t~'1,. 32X 10 O 0 1 eelawaw ..mow r..~ 90i-B TEXAS STREET CITY OF DENTON, TEXAS PURCHASE ORDER DENTON. TX 76201 84456-R99 D10 26 ~C49Nt R8I49000 VEND A SHIP TO RBI LANDMARK RECLAMATION, INC, THE CITY OF DENTON I RANDALL 8 BLAKE,INC/LANDMARK 1 4901 S. WINDERMERE LITTLETON CO 80120 OENTON, TX. 76~: rrr NOTE: MIS IS A REPRINT OF P.O.# 84456-R99 SENT 11/24/98 •rr ITEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION ' BID NO, IINE A 03 634 024 C096 806A 9003 0.00 CHANGE ORDER N3 10,02c.: REVISION TO PURCHASE ORDER #84456. BID # 2165 COUNCIL APPROVED MARCH 3, 1998 h 04 634 024 COSS 806A 9003 0.00 CHANGE ORDER NO # 4 611001: EXPOSE PLASTIC LINER FOR PATCHING SEAM REQUIRED BY TNRCC f „ TOTAL FOR P.O. ; 16,126.C i The City of Oeator% Texas is tax exampt•House Bill No. 20. Reference P.O. Number on all B/L Shipments and Invoices. Shipments are F,DB. City of Denton, or as indicated. By Purchasing Division RR. Number Items Received Oate Voucher Number Amount rl 7 t'i *2 15 32X d slow" o , y r ASURNIM . v ,w'\„/f\.6 YbT.G 111. r Ly IJNJ I.,IJY NU. kf& X01. tCt~ . Attachment M 2 F -A_X_ I S H E E T To: Mike Leavitt I Fax M: 940.349.7334 Subject: Quote Datet October 22, 1998 Pages: I, includ'ng this cover sheet 1, 0.7YL~'t.F~ Mike, the numbers are finally in we tae hoping that we an do this in conjunction with the riprap project which our (LIU) number reflexes . •.••-••••••-•"•°°°56100.00 Total National Seal Company $1300.00 Per day I sm thinking this should take three to four days.maa for all parties involved, National seals number includes mob, trtvel Etc. please let me knew what you think. Let me rephrase that -let me know what you what to do. I am very sensitive Thank you a .o Steve Hancock I t~ P.Ip~~CL b~ t ARcC- 1 VIA from tnc cock Of lAy,a ene,n..~ . ~ ; LRtIUM,,, CO. IOt~e ~ + T e ~J0.{t" Fat . 50130•111U 1 ~ I A nr 5 r 1. ti A 0 r r44raraa . ORDINANCE NO. AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER #4 TO A CONTRACT FOR THE CONSTRUCTION OF LANDFILL CELL #1 BETWEEN THE CITY OF DENTON AND RBVLANDMARK RECLAMATION, INC.; PROVIDING FOR AN INCREASE IN THE Sf'OPE OF WORK AND AN INCREASE IN THE PAYMENT AMOUNT; AND PROVIDING AN EFFECTIVE DATE. (BID #2165 TO RBI/LANDMARK RECLAMATION, INC. IN THE AMOUNT OF $1,523,913.68 + CHANGE ORDER #4 IN THE AMOUNT OF S6, l00) WHEREAS, on 3.3.98, the City awarded a contract for Construction of Landfill Cell #1 in the contract amour it of $1,503,817.74 total; and WT IEREAS, on 7.22-98, the City of Denton approved change order # I Moo charge; and WHEREAS, • n 827.98, the City of Denton approved change order 02 in the amount of $10,069.94; and WHEREAS, on 10.14.98, the City of Denton approved change order 03 in the total amount of $10,026; and WHEREAS, the City Manager having recommended to the Council that a change order be authorized to amend such contract agreement with respect to the scope of price and said change order being in compliance with the requirements of Chapter 252.022 of the Local Government Code; NOW, THEREFORE, THE COUNCIL OF T11E CITY OF DENTON HEREBY ORDAINS: SECTION I. That change order #4 increasing the amount of the contract between the City and RBLLANDMARK RECLAMATION, INC., copy of which is amched hereto, in the amount of SLK THOUSAND ONE and noll00 ($6,001), is hereby approved and the expenditure of funds therefor is hereby authorized. The contract amount is amended to read $1,529,914,68. SECTION IL That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1948. 1 M JACK MILLER, MAYOR ATTEST: JENNIFER WAL1 ERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY B1'. 2164 C' I1ANGEORDERr40RDINANCE r 5 , y 1 0 32 x I Q o ' "win 0 - : Agenda Item- AGENDA INFORNIATION SHEET Oate _~f?r 11~ AGENDA DATE: December 8, 1998 Questiot,, concemiog this acquisition may b^ directed DEPARTMENT: Finance - Purchasing ~p to Sharon Mays 345.8487 ACM: Kathy DuBose, 349.8228 1N SUBJECT- AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITUF.E OF FUNDS FOR THE PAYMENTS BY THE CITY OF DENTON FOR ELECTRICAL ENERGY TRANSMISSION FEES TO THOSE UTILITIES PROVIDING ENERGY TRANSMISSION SER\ ICE TO THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE. (PURCHASE ORDER 91019 TO CENTTaL POWER AND LIGIIT; PURCHASE ORDER 91020 TO TEXAS UTILITIES ELECTRIC AND PURCHASE ORDER 91021 TO HOUSTON L1GHI ING & POWER IN 1T1E COMBINED TOTAL OF 5405,003.75` BACKGROUN-D: I These purchase orders are for payment of a fee imposed by the Public I Itility Commission of Texas (PUCT) for planned transmission services for energy delivered to the City of Denton, The Public Utility Regulatory.Act of 1995 (PUAA 95) require J the development of a new, statewide, n.cchanism for electric transmission service in Texas. PURA 95 also placed municipal t., lities Linder the jurisdiction of the Public Utility Commission of Texas (PUCE) for matters related to transmission. As a result, the City of Denton Electric Utility has teen ordered by the PUCT to pay v%ious other :lectric utilities in the State specific amounts The subject PO's provide the City of Denton the authority required by the Charter to stake those payments. The subject purchase orders will encumber funds estimated as cost for services through 1 December 31, 1998. No funds will actually be spent until invoice arc received, reviewed and approved. RECOMMENDATION: We recommend these 3 purchase orders lotaliug 5405,003,75 be approved. EST IN ATED SCHEDULE OF PROJECT; T'h-se purchase orders cover the time period from October I, 1998 through December 31, 1998. h 1 ; . t' • FISCAL INFORMATION: ~ • • Funds to meet these regulatory fee obligations were budgeted in Fiscal Year 1998/W ,J acrount 4610-132.1031.5650-8587. 1 32x10 O AGENDA INFORMATION SHEET DECEMBER 8, 1998 PAGE 2 OF 2 PUAQIASE ORDER IINFORTIATION: These 3 purchase orders reflect the cost for transmission of electrical energy from the generation source to the Denton Municipal Electric distribution system. Respcctfully submitted: Name: Torn Shaw, C.P.M., 349.7100 Title: Purchasing Agent Attachment #1: Purchase Order 91019 to Central Power & Light S 42,224.75 Attachment #2; Purchase Order 91020 to Texas Utilities Electric 5232,465.75 Attachment #3: Purchase Older 91021 to Houston Lighting 1i Power $120,313.75 1149 AGENDA i .t I 4 5 4 + r E . I r Ito I 2 11 kMi . ,y 25 x 32X !a I~ I i • PURCHASE ORDER NO: 91019 THIS IS A NO This number mill Appear on all CONFIRMING ORDER rnvotes, dehvary slips, ceses. (IF MARKEW ctns, boxes, packing sups and bills DO NOT DUPLICATE rt Hcr1 Ni; Bid No. Dels; 11 07 98 Page No. 01 x ' B ~ CITY OF DENTON TEXAS ' PURCHASING DIVISION 1 901-8 TEXAS LiTAl I DENTON. TEXAS 76201-4354 9401349-71DO DIFW METRO 8171267-0042 FAX 9401349-7302 k VENDOR CENTRAL POWER 6 LIGHT CO. NAME/ ATTNt CSWS TREASURER DELIVERY CENTRAL RECEIVING S13 ADDRESS P 0 SOX 21928 ADDRESS UTILITY DEPT - SERVICE CENTER TULSA OK 74121-1920 901 B TEXAS ST DENTON, TX 76201 VENDOR 140. CEN53015 DELIVERY QUOTED 12 10 90 FDB DESTINATION BUYER DH TERMS LINE TI I p 7771kimiff 001 42224.750 SS VENDOR CAT. If MFG NAME 1.000 42,224.75 CITY 4 WHOLESALE TRANSMISSION, OCTOBER 96 TNRU :ECENBER, 98 i i i a P 06 TOTAL 1 42,224.75 • OR NO TOTAL 1 42,224.75 VINDOR INSTRUCTIONS I Isms N,I 30 emku .m..•..,.n.~l , Send orgrnel Invoice with 041 CAI taps 1 ShiA/~^d Msroucuanf. !08 0nhmbsn looped ow.- 1 I Rill Is Accwms bitable i S. No loderal oi frste salty IAA %W le mcWed 115 E. McKinne- At. ` In prrcel Idled a ifti0 rif ll6 al Doman TA 79261.4799 t I, ~ 2~' +h"~ ~ ~J K tJ 32X10 .11 C ;"rr,# r , ~ t I'LXICIIASE IIIWLII NQ: 1111''/11 1HIS IS A 11.01 Inurbni nm11 algier nn NI CONFIRMING ORDER Invoices, dabvery sbps, eases, OF MARKEDI cbls, bogus, pacMei9 sups aid bills. DO NOT MftICATE F ke4 No Sid No: Dole 11 18 98 Pape No. 01 1 TXAS PURCHAS903 awCmTY94F DEN SOME DENTM TEXAS 78201-4354 9401349-7100 OIFW NE TAO 917 287-0042 FAX 9401549-1302 (v ItNDDR TEXAS UTILITIES ELECTRIC CO. 4AMEI 1601 BRYAN STE 36-058 DELIVERY CENTRAL RECEIVING S13 1DORESS ADDRESS UTILITY DEPT - SERVICE CENTER r DALLAS TX 15201 901 S TEXAS ST a DENTON, TX 76201 ti VENOM NO. TEX95605 DELIVERY QUOTED 12 10 98 FOL DESTINATION BUYER DH TERMS TI 1 .F Aj UALLI: 001 232465.750 $6 VENDOR CAT. I N / A MPG MANE 1.000 232,465.75 CITY M 8500 MHOLESALE TRANSMISSION, OCT. 98 THRU DEC. 98 1" I r. I P 09 TOTAL I 232,465.75 OR NO TOTAL 1 232,465,75 610 132 1032 5650 8587 232,465+75 E YE" INSIRL N08L f 3 Terms ' Net 30 !Mill 6A4++4 v.mul 1 Send tApMl Moist wits, 6.461dt to/Y. 1 1. Shippiy lnseucti#nc fol. Q#1111WIM pepul a•d.., .Mn+u•.r•.~•q . . I Bill to Accounts Pgrblt ! i. NO 1#0141 a 004 1901 uo OA It Ieslr4 d 115 it MCC"; It ! in trim /9104 t n q nf4~ 1 , QsnUn TX 11301-,4011..........; 'ilrf : 2 y K 10 3 2 xAl i oil F . l ' III lak 0 PURCHASE ORDER l,0: 91021 THIS IS A NO This number nwst appear on all CONFIRMING ORDER invoice*. delivery slips, uses. (IF MARKEDI dm, uoas, packing slips and blue' . DO NOT DUPLICATE q 171 Pea No Bid No Dale; 11 07 96 Pogo No. U I g I CITY OF DENTON TEXAS PURCHASING DIVISION 1901.8 1:KAS STREET I DENTON, 1EXAS 76201-4354 + 940149-1100 D1FVV METRO 81N267-0042 FAX 940/349-7302 a VENDOR HOUSTON LIGHTING 4 POWER NAME/ THE LIGHT COMPANY DELIVERY CENTRAL RECEIVING S13 ADORE SS P.O. BOX 61482 ADDRESS UTIIIITY DEPT - SERVICE CENTER 0012ISTON TX 0208-1482 901 B TEXAS ST DENTON, TX 76201 Ili NO. HOU49000 DELIVERY OUOTED 12 30 98 FOB DESTINATION BLhFR DH TERMS 17 LINE OUMITY 1 001 110313.250 64 VENDOR CAT. I MFG NAME 1.000 .30,313.25 CITY 6 WHOLESALE TRANSMIS9:ON, OCT. 98 THRU DEC. 98 P .GK TOTAL s 130,31) .2 5 • GRIND TOTAL I 130,311.25 I;I { 111"04 JNSTIH'IIONS'. I Terms Net 70 0- .I"'•"• •r•,nie1 1 Same Nldrnd arnica e,An Apbule eo/Y d. SInPFInI Ins,ruchons106 Dnsinalmn /repaid aw.,, n.. ~.ai 2 all, It • Icon mu Prysele Na lede,el of skid Will let SWI la mclu4ed - 71! ' M croner St in pokes lille/ Piarchasorg Monsoon Owen, III 1!101.1193 I - 11 -25 x la 32xlo { All, s t - j I I ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS ALR"HORIZING THE EXPENDITURE OF FUNDS FOR THE PAYMENTS BY THE CITY OF DENTON FOR ELECTRICAL ENERGY TRANSMISSION IMES TO THOSE UTILITIES PROVIDING ENERGY TRANSMISSION SERVICES TO THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE. (PURCHASE ORDERS 91019 TO CENTRAL POWER AND LIGHT, PURCHASE ORDER 91020 TO TEXAS UTILITIES ELECTRIC AND PURCHASE ORDER 91021 TO HOUSTON LICH PING A ; UWER IN THE TOTAL AMOUNT OF 5405,003.75) WHEREAS, in order to comply with the legislative requirements contained in the Public Utility Regulatory Act of 1995, for the payment for energy transmissions services fees, the City of Denter. is required to pay such fees imposed by the Public Utilitics Commission of Texas to the three listed utilities set forth in Exhibit "A": and r WHEREAS, the City Manager has reviewed and recommended that the City Council apprL,--, and authorize the payment of such fees; NOW, THEREFORE, THE, COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1, That the expenditure of funds in the amount of $405,003.75 to be # paid to the Listed Utilities in the specified amount shown on Exhibit "A", which is attache: to and made a part of this ordinance for all purposes, is hereby authorized. SEC PION 11. That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of , 1998. JACK MILLER, MAYOR x ATTEST: • JENNIFER WALTERS, CITY SECRETARY f BY; _ APPROVED AS TO LEGAL FORM; HERBERT L. PROUTY, CITY ATTORNEY • by; 1D • t[E ORD I NANC' E-I C91019,91020,9+Sa 1 1y 7 j re ' ;br,~kq~t 1 32 x~ A 1 4aia!tw ' r EXHIBIT "A" Purchase Order 91019 - Central Power & Light Co. S 42,224.75 Purchase Order 91020 -Texas Utilities Electric Co. $232,465.75 a° Purchase OrdCr 91021 -Houston Lighting & Power $130,313 v ~ r n 8 r rq! F' e 25 x 10 " 32 X I0 MOAN WarrAOra Aasndo nia,.-. ~Y T AGENDA INFORb14TION SHEET Apanda Item Date AGENDA DATE: December 8, 1998 Qucstionsconcernmg t acquisition may be directed DEPARTMENT: Finance - Purchasing to Gary Matheson 349.7961 ACAI: Kathy DuBose, 349.8228 SUBJECT: AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL AGREEMENT WITH TARRANT COM7Y AND AWARDING A CONTRACT FOR THE PURCHASE OF POLICE SEDANS; PROVIDING FOR THE EXPENDITURE OF FUNDS THERFORE; AND PROVIDINO AN EFFECTIVE DATE. (INTERLOCAL AGREEMENT FILE #2297 - POLICE SEDANS TARRANT COUNTY INTERLOCAL AGREEMENT AWARDED TO BILL UTTER FORD IN THE AMOUNT OF $486,624,40) SOUND; During the 1998199 budget development process the Police Department was authorized to replace 13 police patrol sedans and to add 1 l units to their fleet. The 13 units are vehicle motor pool replacements for units purchased in 1996, The I1 new units are to accommodate the new police officers. i I I RECONI\IENDAI QNj We recommend parchase order 91656 be approved to Bill Utter Ford in the amount of $486,6:4,40. F.S111MAJED SCHEDI LE OF PROJECT: i The estimated delivery of these police sedans is approximately March 15, 1999. PRIO$ACjL0MVIEW (Council. Boards. Commissions!: the City Council appru%ed an Interlocal Agreement with Tarrant County on June 16, 1998. { 7 Tarrant County Commissioners Court approved the bids and awarded a contract to Bill Utter Ford on November 24, 1998. ~t 1 FISCAL INFOR_SIATI This acquisition will be funded from Motor Pool account 0720.025-0584.9104. s ` y , • 1 1 11 s 1 AGENDA INFORMATION SHEET DECEMBERS, 1998 PAGE 2 OF 2 INTE LOCAL. AGREEMENT INFOFOLATION: An Interlocal Agreament for cooperative purchasing was approved on June 16, 1998 with Tarrant County. The City of Denton joined a metrop •x regional coop for the purchase of Police Sedans headed by Tarrant County with the intention of pooling our buying power. Five counties and four cities combined to purchase approximately 165 vehicles at a savings of $448.90 per vehicle when compared to State of Texas Contract pricing, This reflects a $10,773.60 savings to the city of Denton. Bids were solicited from 33 qualified vendors and seven responded. i Respectfully submitted: Name: Tom Shaw, C.P.Mr, 349.7100 Title, Purchasing Agent Attachment #1: Purchase Oder 91656 to Bill Utter Ford Attachment #2: Tabulation Sheet from Tarrant County - bid 99-012 Attachment #3: Price Sheet for Selected Options I11e.AriENDA l I , S M ' 44 ~ 1 1 1 r ( y I ,r z 32 x I o • 0 , I , e I I'LIKIIASE ORDER NCI: 41(56 THIS IS A Ihi, nlnll,rn rm61 4+0m un m11 CONFIRMING ORDER mvuKms, dulnsir dws, usss, OF MARKED} clns, bust, pecking skips end bills. DO NOT DUPLICATE - s Rep No. Bid Na 94-012 Dols: 11 25 98 Fags Na. 01 IL CITY OF DENTON TEXAS "CHASING DIVISION 1 901-8 TEXAS SIREN I DENTON, TEXAS 76201.4354 n 9401349-7100 DIFW METRO 8171287-0042 FAX 9401349-7302 s VENDOR BILL OTTER FORD VAME/ 4401 S 1-35 E DELIVERY FLEET SERVICES ADDRESS PO BOX II ADDRESS 804 TEXAS STREET DENTON TX 76201 DENTON, TX 76201 VENDOR N0. IFIT49D00 DELIVERY OLIOTED FOg DESTINATION BAYER TS TERMS LI u,Y x 001 23 EA POLICE SEDAN WITH OPTIONS 20,282.10 466,488.30 "CROWN VICTORIA" 002 1 EA POLICE SEDAN WITH OPTIONS 20,136.10 20,136.10 CROWN VICTORIA LESS SPOTLIGHT a i e I PA I TOTA1,7 486,624.40 CRA D TOTAL: 486,624.40 r'. LI e 720 025 0564 9104 486,624.40 VINOOR INSIF11,1010NS'. ! I. Ietms Nei 10 a"'I"r' •^•'•ne ~r''•^~ 1 Sell/ dripnel IflvtKe wilh dpbtNe copy 1. SA.pplnp mf4uaLmnt. F06 Desowutn pef"d u.n..y„e~.n 1 MIN Is Acceunil /rpbfs I No ledertl v limit fetes Ire slwdl be m 1w4ed 126 L McKlnner It to PNKes billed. uc sing dslon Oenlen, TK 76291.47!! Q 32X ' O C 14TAENCE NUMBER 2-b r ATTACHMENT M 2 PAGE: 2 OF 4 DATE: 11/24/98 BID NO.99-033 PURCHASE OF FULL SIZE CLES 1VTTH POLICE PACXAG6 AWARD R;C01RN16NDAT70N: b1L VPr[R FORD lII,011.Isno Minus OYROJI! R! ~ .;;S"Il RIR~ VCUDR IMMMTR7 PAYMWR)" A]CRI►Iidf t Ip~O. PORO IpID pm ausa or ruu.sv: Ya+ICtia.notla rACxACr. , ro RTNRVNRWaios ntiil►tS InOJ.q 1».as.u ue,aum ornotol, 1. MCA?-CWCM I. SEATI L CLOM FROW RUCRtiMm, RLNI•CODIL 11aa MCA 11100•_. tCLOMtn.r1RDICI{CIGr%aUR.CODRP: a VMYLS"IDA VfWftK1AR.CMPl, m q m q "0 n0 m.q ra e PO DNINU+luT-ClilJU J. AIJU(h 4altm.p 111/q 111000 D1Ra1 1r A -pr a 11ACTAONK AWN fM*CAMM- DDDal M r MAO 11!/.00 a. RADIO ILTPRMS NPACXUZ. I1H00 1!00 .00 0l nRa Sam a 7-VAYMDI FWWWO9.C0D1f4 VIA m Do 11r t .q Wn4=11RAW041 fYi1W.CWmWIJt ulaq Miloo mta a COURTfAY URO DDAeIA•000l17t ''lfiM~,✓t. its q 1 lild 111,00 1. DICROD RraW10ND00R{•DDp IIR "DI AI DIAt 01.00 D/q a DtCX11D RtlAAY ON MMUMM PANG • NDR{t/: !11,01 ss S 111,00 !17,00 NC a IILIOIt NYOID/tlIMW-0V7Y RU61DI• CODA IlH. .'D3.N • S d100 mall =in Ia ROW inL*SCLOR.RAY10 CA11RT•0000 IM :,.f1[N 1'ii' DI00 a100 Da00 11. r1.0DR HATt uLkk c0Ux.K m CARIR• COCI r D7.~`0' IRL01 _ 13 , LAM PM.VIRRoR".C 11R =in .•~~,r•' RH.00 0100 01.00 17. U DWIMC11RT.COM 1>k '•IJ/C me 7{c IAc NMnDARED M DDFDMIAL • CON 49p: 'tIR00 I" two 08 I I. LOCKMO DM CAP. CWl WE It b1 R1 W40~"-" a Rolm 4 Mw+r MDR RDDVS Dt I7a7AtuD •0001 aa0: >K D 17 t11VToco7ma•oca m: u littlen11q nnm t"0e-- var rANP PR1a Ma_OruvDlf l -oft"" e lnAe m q m of m q tl. IPOTLUGr, oRrvDls on •COO1 J112 .ll/il0 ,r: IIN, IIof F" 1141,01 q. Iron LAMP. DUAL-E-0 IIY: . Wtll D 00 Do Det00 I I'lMAJPIARAMR 11/7,00 GROU►. cODe ql: : .IInM' !Ilr00 IIfL00 niim'_. n. rAMT: _ arwo-Tmil-cmo-z - „twig , In/q tJn.q nn.e`I` 1TMO,W11-c eoft OW." tJn,0o ORfA1 11311.04 - a7waTONln.m0lntr mi"Af J397" Df100 ufm U. Hi DOME K=D4117Ltla. comilk. ULM 01.00 I" 74 . IITW PIN AND Ill IAANUAI/~ ..,~11MAI!'1111.00 Wall mm II ruwMar7relAaDLt R IUDDY ItAOKJ16RAND~ NORM 07101 111000 nil 0alt000.«_ ' AI/1.00'_' t111.q ,AA 1i,7iuCE D~~maRM PIRVDDni rfVC, Will a_. 7~. VRMC71f RIYFD AI1KL 13100 ILD0 !7 a1,01 13100 LmnAL ootm oRI0rtl ^ I. MdraLMg0 AN1DMA CAII4 'r~,DJAI.~S~f 0100 1111-00 a /aD Ill NOW W 17100 AIRpAR rrn aAAna I'C 11q.N'. CIL00 1x1100 Dla00 • J, M:AMORAI}TYIt C7AW1' c P" mm wPWI) "f,. I/fA1 •is smog µ,p0 W.01 I. 1we.g Uwmu"Cmmo=eY Now 5000 p0_toMYYU AND tRdR PLL7DIOnL • I tAt In 11140 mROO raOasAn: Of sim paAq~ 7. }RIROp R®gplCWplf; - ~M'~..•' 'I NIM ' t PV.I IAR ooatQI AND HANMIII INOPtMi}VL inUl rr' 00!00 wlAa 00100 ua d q uta nan 1. M& ROM MUDIO. NDMLA IN ROOF: ,~IIN ~ih• VIA1 VIA UrA1 LDRXMY: SMINWm MIl1 -t 00100 11100 /q.1i RlY7DALIRt loCE lRI Now DI00 atg MIN AUIOSLUYlV1i ILOOC Ulp III41 IIIM'.NAT CW DJLvIa M .4 lou111m / . n;I -11L DAIt00 u4ml1 No 010 PC FORD alI'll- CROMM W- coo" W- VAKXa0ww vie _ 111710 m ORION" ILRO DAYI a►nO DAYI ARAANIY~ _ :77V!{All1h 7YRMA00 sa. JYRlJI,100 PA IYM1,Oq M, 4 O W 41 I Or TERENCE NUMBER 2-b PACE: 3 OF 4 _ DATE: 11/24/98 HID N0.99-012 PURCHASE OF FULL 5¢E VEHICLES WITH POLICE PACKAGE RACE IOP7 ~ VVID" _ Lu LkL%M TX 7,107011 AL181 "MA DEKLPIIOII I= I= PM P1IRCTW1t or NLL4=vIKKu "LICE PAcRAcL TORTMEUNrt PRICEO11 11111!.7! Dun" 1111"k _ . omoNk _ 1. NUB W•CODE IPC NOC wC NC L SEATS: t CILMMOMiVCt117MM'LIWU.OOML UaII 01.00 u1aR 4 CLO1M VVT BD0CIM0111 MAR• 0001 P. 1S"TA-- w.00 M.00 a VOint"IDSCIIIND III.CR-OODER: NC NC %c a HOMER ORIMISIAT-C'OOOIIA: 1310" WIm _ $31000 AVOID - a DICTUM AMIM rnw4CAUS71• CODE ISM 1110.77 116,00 Itn.00 S.RADIO"PKEDIONPACLAOI-CODI61k ma 1" w,00 4 SWAY RADIO PIZWIAI.CODE Nk Nato Na.m DIN 1. ANTI-LOCEBRAKD109YMN-COMISk UI1.D SIN 00 UN.00 a COURTESY LAW DMABUI • CODE IM' 317.00 111,01 511" 7, DICRllDRAEAIt C11DOOR1•COO111k Dim of." WAO C MCKLMRnL4nofwmyLmw PAMD..aucc I1LU 111.00 117A1 rtOOA.VVBAO1O.111AWCUIr 011880 •f IlD: 01,00 11,00 moo 10. FLOOR 0IAM M&MCOLOR41AMCAMET• 0004 I= I" Do Dlm WAR _ 11. nOOR NAIL RIAILCVLOA#1YPD CAAM-CODE 11Q Slim 0100 in IS L V MP NC',INRE CAOLI.OOOI /M Nato $000 In.00 I. L1COM PLATE BIACIIET•CON ISJ: PIC NC PAC 1. UMMDIWDD"11PIAL•0OOf6F 813}1 UJAO 111.00 I I. LDCIOIO GO W • CODE I IIA 00,00 via 134.00 II.MODMO.PDOWDOORBODYMI)WALLAD.NMRRCr µC NC N! 11,5-M W_ PUP PACKA PACRAOOk 11".6 fill" 116.00 11. SPOT LAI.O RSf (DM'D11 frm-CODISIM J7741 1No0 MAO 11.SPOT LANE,D0Vt111BIDE-CON ILA. 114.17 WI" 11100 11 IPOTLAMPDVAL.OOOt11n IM74 moo - f1P100 ' 11. MSETAPPAMNCEQIIOP-CODIMB: 'llLto SM 00 51111,00 I D AM _TwVTONI01 •CCR I OR Onto Boom 1311110 krWO.TONIPI.CODEnk DNm $40100 111m _ LiWO1ON[IJ•COOtn1j 61.00 1,101.90 01nA0 NEATERDMNS BLOCK O0trl "7Zo-DE11K mto DI, 00 OL/o 14 SR Or SHOP AND SERVICE NAM2AL1: IIU2U 071" 01001 :1 KISM FROM LVAOERL - LLKCR7C'U[nIMND NO BID 000.00 1ULD _R BUDDYMMIRAND NO Bit) rw of Nom 21. T71REE 01 SMOP an PER VDCCLA 11.1 33.1 I110 21, VEMCLEI KM. AL" - 13 IN n7A0 " PEMLOLMR OPM`04 L PKOPRLM01OANTDMACU" O11V ft1" toll e L"51Lcohmoon a/AIRCwrTYPECU/.OS Dn1I D1J,00 7111 - IKr AOICAAPl TYPE LL1M/1. NLU w,p w" _ /M1. MIAMI IRO RI1OMTk OLIO woo woo 1. PM1 roMrA Mpppr1lCOrfIKO,IID IY MYER AND FROM PASJL 106E 11110 f 1400 I LW i RIO, RADIO OR. T: Ilq PRS,ROOP IIm DECOmfk U1.N 111" 1111,101 BIIAO 1 t R!'. REAR DOOR SOCKS AND KAMM OIOPO1A11Vk 111.11 111.00 IIL1 /1Pk KO01 M7RDA7•f7O IR*ApROOf: NOJI UNDO UI.00 ! O r0./Mi KOd rMA1O•HOU M1lO0l: W.1 W.00 60,1 ! O A 1. PMI. qO LAD! M7MV, W.1 -'woo VA Be ` IL PLD-REYINALLB I= Ito: ~ DI" !n" W.a 1 il. Ulf: MDOINRY P1/18 BLOC' 930 IS $41.0 141,1 ! IL DeDICATIO NAnUL 00 V*M IN L= 1 OFOAMM DfOMI: 11110131 VOID 1f,nS00 BRAND. r'MC --10110 PORD I 1 WC AM.- A-1 Cao"V1O, fAaM VIC. CXOMNM DD3YI1r: 131 DAYS 120.110 DAYS NO DA•I MARAANII•: yM1.0o0M IYMR00o ALL fYM1,000 M. qi, iyltzM' :,.•"ie".~'~""~. ~a~+(,~rq~,A ,A . ~~i'&Py I'~ i 11 1111' \J~AMr:~dtioA.M A'„ , 1 e ~...1 A.~ 1 tir. 4 ` 0 r i. • i "room li ATTACHMENT' 1t 3 r Full Size Police Sedan: Base Price 519,013.10 1F Options: ~f Cloth Front Vinyl Rcar Seats S 56.00 Power Driver Seat S 310.00 Radio Noise Suppression S 60.00 Anti Loci; Brake System $ 516.00 Courtesy Lamp Disable S 13.00 Floor ASats FronI / Rear S 48.0J J Spotlight S 146,00 1 Power Window Driver Controlled S 18.00 Roof Wiring S 51.00 Auxiliary Flase Block S _RIN { Total Cost $201282.10 r^ , i t i 1 r, y r 6 F) ' 3 2 X 10 • rrrrw~.. O ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL AGREEMENT WITH TARRANT COUNTY AND AWARDING A CONTRACT FOR THE PURCHASE OF POLICE SEDANS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AN PROVIDING AN EFFECTIVE DATE. (INTERLOCAL AC EEMENT FILE #2297 - POLICE SEDANS TARRANT COUNTY INTERLOCAL J REEMENT AWARDED TO BILL UTTER FORD IN THE AMOUNT OF $486,624.40). WHEREAS, pursuant to Ordinance 95.175, Tarrant County, Texas has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies or services can be purchased by the City through the Tarrant County Cooperative Furchasing programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the r•ity Council has provided in the City budget for the appropriation of funds to be used for the purchase of ii,e materials, equipment, supplies or services approveel and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: ! SECTION 1. That the numbered items in the fol;,)wing numbered purchase order for materials, equipment, supplies, or services, shown in the "Pure ase Orders" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: t PURCHASE ORDER VENDOR AMOUNT 91656 BILL UTTER FORD $486,624.40 SECTION 11. That by the acceptance and approval of the above numbered items • set forth in the attached purchase ordeti, the City accepts the offer of the persons submitting the bids to Tarrant County for such items end agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with Tarrant County (Bid #99.012), and the purchase orders issued by the City, 7 25 32xI❑ NOW , . . 0 0 J SECTION III. That should the City and persons submitting approved and accepted items set forth In the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the Tarrant County, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written « contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the Tarrant County, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION IV. That by the accordance and approval of the above numbered items set forth in the attached purchase orders, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approval purchase orders or pursuant to a written contract made pursuant thereto as authorized herein r' SECTION V. That this ordinance shall become effective immediately upon its passage and approval, PASSED AND APPROVED this day of 1998. JACK MILLER, MAYOR 11 ATTEST: 1 JENNIFER WALTERS, CITY SECRETARY I "t BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY I B1': { 91676 1N1 ERLOCAL COOPER.ATIVE PURCIIA$IN0 0RD]NANCE i ~ t I i IS I ,y t~4ti~YS bi .4 2 X1G 32do 0 ....air Aphdm No AGENDA INFORNIATION SHEET Aqe da Hem 1 0ale AGENDA DATE: December 8, 1998 Questions concerning this acquisition may be directed DEPARTMENT: Finance - Purchasing to Eva Poole 349.7735 ACM: Kathy DUBose, 349-8228 SUBJECTt AN ORDINANCE PROVIDING} FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF SOFTWARE AND HARDWARE MAINTENANCE FOR AMEIUTECH LIBRARY SOFTWARE WHICH IS AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH PROVISIONS OF CIIAPTER 252 OF 1T1E TEXAS LOCAL GOVERNMENT CODE EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDNO AN EFFECTIVE DATE. (PURCHASE ORDER 91277 TO AMERIT-CCH LIBRARY SERVICES IN THE AMOUNTOF 528,101.91) i I BACKGROUND: This purchase order is for the annual maintenance contract for the hardware and software associated with the library management software used by the Denton Public Library. RECOMMENDATION* i We recommend purchase order 91277'-e approved to A- ~ritech Library Services in the amount of $28,101.91. FS1151ATED SCHEDULE OF PR JECTt This agreement for maintenance of the software, hardware and licenses is for the time period of October 1, 1998 - September 30, 1999. FISCAL INFORMATION: Funding for this maintenance agreement is available in the 1998,99 Library budget account #100-033.0070.8301, t i j 1 PURCHASE ORDER IN40R.NIA1'[ON, [his purchase order is for an annual agreement to provide maintenance for the Amentech Library 0 Services Snflware, 'ITie agreement includes assistance in year 2000 compliance, software updates, trouble shooting of the system and any changes or corrections to existing software. J~4 Ameritech Library Services is the sole provider of the maintenance service. The acquisition is therefore exempt from the bid process (Chapter 252 Texas Local Government Code). l IC_I 32x1Q MEN. 2r) AK 0 ur+nsr ~ , ~ 0 f~ AGENDA INFORMATION SHEET DECEMBER 8,1998 PAGE 2 OF 2 Respectfully submitted: e Name; Tom Sharp, C.P.S1, 349.7100 Title: Purchasing Agent Attachment # I : Purchase Order 91217 to Ameritech Library Senices Attaclunent #2: Invoice from Ameritech Library Senices 1146 AGENDA I i 1 i l I' i 1~ 'r 1 yr' ' ~ 5 e., n ~ X11 ~"Y I • i,. ~ O ,ti 5 ' . 1 ~v«, ,I n ,P. 4 '26 10 i32 x Lit At~~dc,---~--- Will N PRO&" ee a , 1 PIMICIIASE Il11001 NO: 412'f'f 1111S IS A ]lilt ninrnbar 0mnl x111106 ou all CONf1HMING DRDER coin , doti+p ceuhgt~lColor" bolt (IF MARKED) . DO NOT DUPLICATE 7y N Reef No. Bid No: Dole; 11 11 98 Pepe Na 01 ~e , TEAS PURCHASING DtVIS" CITY1 8 DEN SONT DEEN`04TEXAS 76201-4354 9401349-7100 DIFW METRO 6171267-0042 FAX 940349-73D2 x VENDOR AMERITECH LIBRARY SERVICES NAME/ P.O. BOY 95391 OFLIVERY LIBRARY 803 ADDRESS ADDRESS CHICA00 IL 60694-5391 502 OAKLAND 8T DENTON, TX 16201 JENNIFER LUND ENT 5825 VENDOR NO. AME75000 DELIVERY DUOTED 09 30 99 FOB DESTINATION BUYER T8 TERMS I a T {1 v, N801111 NN k °b r, ry$ ,Mir ~4 0, f 001 16427.160 83 VENDOR CAT. N M / A NFO HAVE 1.000 16,427.16 CITY N 83Lv SOFTWARE MA1NT. 10/1/98 - 9/30/99 002 2453.040 D9 VENDOR CAT. 1 N / A NFO NAME 1.000 2,453.04 CITY 1 8300 HARDWARE NAINT. 10/1/98 - 9/30/99 nn3 6068.880 91 VENDOR CAT, 1 N / A KFO MANE 1.000 60068.88 CITY 1 8300 . TMP MAINT. 10/1/98 - 9/30/99 004 552.190 ii VENDOR CAT. 1 M / A KV0 HAKE 14000 552.79 CITY 4 8300 60/40 MAINT. 10/1/98 9/30/99 P OB TOTAL 1 25,501.87 t, 00M 1NSfNUL1lDN4; 1. }elm! • Net 31 Alnbu .dw,f. 4.+1..n 1. lend dripnel lnreite w11A lu4lieele et" 4 ShF IM InAuvoi nt: P01 Oelune4en Pill AM4111A«.,u qA.t-.l1 I ' 1 dill le Attwnlt Pelelle a No Pederel a title telel 164 thsh 11 Ire dtd urc et i e e _ I 7t1 E McKimiq It M 4rka IIHed DeniAn, I% 71201.421! 10 32 x n 1lRy7e 0 , c 1 1101CHASE ORDER Na. UIV'l'l IHIS IS A Iles nlnnha nulsl yipe« on all CONFIRMING ORDER mvo cet, dehvell slips, cases, (IF MARKEDI clm, bo.es, pacllnq sops aid bills. DO NOT DUPLICATE s. j i lien Nu Bld Nor Oalw 11 11 98 Page Na 02 CITY OF DENTON TEXAS PURCMASING DMSION 1 901-5 TEXAS STREE} I DENTON. TEXAS 70201-4354 s 9401349-7100 O/FVV INETPO 817/261-0042 FAX 9401349-7302 VENDOR AMERITECH LIBRARY SERVICES NAME/ P.O. BOX 95391 DELIVERY LIBRARY SO) ADDRESS ADDRESS CHICAGO IL 60694-5391 502 OAYLAND ST DENTON, TX 16201 JENNIFER LOND ENT 5025 VENDOR N0. ANE75000 DELIVERY OUITED 09 30 99 FDB DESTINATION BUYER TS TERMS v1 i' ` a i 4: r ' T, r• W > yry,; M° .'t4. e, , .~p„~ dt. 9'd:i -ow WMJITY I 605 2600,040 $8 VENDOR CAT. I N / A MFG NAME 1.000 2,600.04 CITY 1 8300 OS Ill 10/1/90 - 9/30/99 'I 1 ie M P.09 TOTAL 1 2116DO,04 d 09 ND TOTAL 1 281101.91 100 033 0070 8301 28 IC1r91 V1NDM P1S110L1i0NS, II I iarml - Nei 16 F. Send Il IMA 000 with owil l eNF k 4. 90111114 Inst-110 11. 161, 0e61ln11164 7,1 1 o,41* 040*40 y„*ul I Idl N Asteuru P11#b U, No s/elef a HHS 1+111 Itl thin be ft LA40l + Daman, SIIK err /l In of kill 110%1 t rTsoT'n III E. 140 11201.4111 f i a 32X d aw.xec awmwu Attachment 1 2 I Ini oke Phase Remit toe Amediedl Library SQvlces P.O. Box 93391 Chicago, B. 60694.3391 men ech lo N 17329 er 0! er :1 NW/A Bill to: 1>41115. DENTON PUBLIC LIBRARY ACCOUNTSPAYABLE 302 OAKLAND STREET DENTON, TX 16201 Notes: , Descriptions Qufntityl Unit Price: Total: SOFTWARE MAINTENANCE 01 OCT 91.30 SEP 99 100 16,127. W i 6 16.427.1411, !tARDWARE MAINTENANCE 01 OCT 96.30 SEP 99 I,d1 6,eii 96, tw% go jqx, W MA NM!ANCE 01 OCT 98 • SO SEP 99 1,0u 6,06118 ~P 6,0611 /6 Qt 6140 MAINTENANCE 01 OCT 91.30 SEP 99 I.00 10,800.* 1 v 10.800 28.ry OS MAINTENANCE 01 OCT 91.30 SEP 99 100 2,600A?0j, 2,800684 y 4 ~R~ rftv NAP f.;.° ro ub Totd: 3G4~rb39iO _ j , rel8hte 1 0,00 eft 000 otd: 9ftrV4,j~. 4JsS29.14 , 0,24 7. Y' ti+cNr A MAI. I/ 1Y Ameritech Library Senlen Stsederd Terms Not 30 Biello8lsqutdes should be diret0d 1o 80P •2383020 or E-mail us it b181e92RVmlibs.tom, Pleas Reference Ievoict Nemberce Remittance. :~»L, rrtt 25 10 32X EEC, P p , • 0 i ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF SOFTWARE AND HARDWARE MAINTENANCE FOR AMERITECH LIBRARY SOFTWARE WHICH IS AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH PROVISIONS OF CHAPTER 252 OF THE TEXAS LOCAL GOVERNMENT CODE EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (PURCHASE ORDER 91277 TO AMERITEC'H LIBRARY SERVICES IN THE AMOUNT OF 528,101.91) 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 ore source because of patents, copyrights, secret processes or natural monopolies,, films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement pails or components for equipment; and library materials for a public library that arc available only from the persons holding exclusive distribution rights to the materials; need not be s -bmitted 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 1. That the following purchase of mateials, equipment or supplies, as dc,,_ribed in the "Purchase Orders" listed hereon, and on-file in the office of the Purchasing Agent are hereby approved: PURCHASE ORDER NUhIBER VENDO ANJOUN 91277 AMERITECH LIBR.'_AYSERVICES $28,101.91 SECTION 11, That 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 Department SECTION Hl. That the City Manager is hereby authorized to execute any contracts relating to the items specified in Section I and the expenditure of funds pursuant Q • to said contracts is hereby authorized. 6 32X1 10 e „ y . ® r 1 • j i I i . SECTION 1V. That this ore inance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of , 1998. a JACK MILLER, MAYOR s ATTEST. JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: _ 91377-SOLE SOURCE 7 r 4 10 x 32 10 Agenda No. _17014~ .g Apenda Iles^}} AGENDA INFORMATION SHEET Date f~' i AGENDA DATE: December 8, 1998 Queslions concerning this acquisition may be directed DEPARTMENT: Finance - Purchasing to Howard Martin 349.8232 A(M: Kathy DuBose, 349-8228 SUBJECT: AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE Willi THE PROVISIONS OF CHAPTER 252 OF THE TEXAS LOCAL GOVERNMENT CODE EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE, f r (PURCHASE ORDER 91286 TO CARON COMPACTOR CO. IN THE AMOUNT OF $39,850) BA,CKG ROU ND: The steel wheels on the refuse compactor at the landfill hove worn to the point they t're no longer j efficient In the refuse compaction process. The compactor unit is made by Caterpillar; however, the compaction wheels are made and sold only by Caron Compactor Co. I A new set of steel compactor wheels will extend the life of the compactor and greatly increase the j rate of compaction adding to the life expectancy of the landfill. i i The price quoted by Caron for new wheels includes a credit for the exchange of our old wheel cores. I R' • 1F(S IHENb M4N; We recommend purchase order 91286 to Caron Compactor Co. be approved in the amount of j $39,830, i i i UTIM T S ii 'DVLE OF PROJECT: i ~ ! Caron Compactor Co. has indicated the new wheels can be shipped within 30 days of the receipt of a purchase order, which would be the first week in January 1999. I t'ISCAMFOR.UA'HOY: The new wheels and associated rrelght charges will be handed from Vehicle Maintenance Working Capital funds account N730.32S•0580.8702, .I 1 I i k Q 32x' k.F ~ ~ 4 r,r , t r F t 41a4sEra r O ~ r 5 At FNDA INFORMATION SHEET DECBMER 8, 1998 PAGE 2 OF 2 PURCHASE ORDER MFORMATLONr This purchase order is for a replacement set of high compaction wheels for the Caterpillar Compactor at the landfill. The new wheels are intended to extend the life of the compactor and the life of the landfill itself. Caron Compactor Co. holds the patent right on die design of the Caron 826 pin on teeth wheel and only sells direct to the end user. As a single source acquisition the purchase of these wheels are exempt from the bid process, I R.zspecif illy submitted: Name: Tom Shaw, C.P,M., 349.1100 Title: Purchasing Agent Attachment pl: Purchase Ordxr 91296 to Caron Compactor Co. Attachment 02: Quote from Cs:,)n Compactor Co. Attachment p3; Verification of Sole Source Acquisition 'I 1144 AGENDA 1 I ~ ~5 i I rr f . Ik 2 ~ 411, 1 J ' I d' { l I 1 - v; ' I''~ 25 10 32 x d 1 .:rte . Sot nF7 .5: I 1 r 1'l/IIT IlL$EE UIIUI ff NU: I l 2ilh TIIIS IS A XXX r1,1: I00,.bn1 uvr..l ygmi eni All CONFIRMING OHOER j mvvmas, dulwcir 514m, casus. (IF MARKET)) tins boas, pxAB,g slips and bdrs 00 NOT DUPLICATE Y n Raq Na'. Brd Na Dalx 11 17 98 Paps No. 01' n PURCHASING 17IVly OFT1 9001 8 TEXAS SO 1t DENTONNTEXAS 70201-4354 9401349-7100 DIFW METRO 8171287-0042 FAX 9401349-7302 : VENDOR CANON COMPACTOR COMPANY rr 4AMEif 809 SYLVAN AVE STE 500 DELIVERY CONFIANATIOM CNLY C14 AE'DRESS AOORESS FLEET SERVICES MODESTO CA 9:50 804 TBXAS DENTON, TX 76201 VENDOR NO, CARS9030 DELIVERY CUOTED 12 20 98 FOBSHIPPIK. POINT BUYER TS TERMS 1 -1 1s a'aS„„ .,Pats'" u5 'iw.ipi0 r ~s Lr' 001 1.000 ET VENDOR CAT. 11406-409X MFG HAKE 37,500.000 37,500.00 CITY 0 8700 NIIEBIS FOR RIO 12360 002 2350.000 $S VENDOR CAT- 1 N / A MFG MAKE 1.000 2,350.00 CITY 1 8700 FREIGHT P GE TUTA1 , 39,850.00 OR NO 'flrfAl, l 39,850.00 u 730 025 0580 8702 39,850.00 i VENDOR IIISIMXTIONS. 1 TV fill Kill 10 A .a .o.au V. No) I. Send NtNnill mveltM wim drliuls MNI. 4. Shipping IastrKileat 10 5 . Oestimmi0/ Reptg eln4,..".1. V4.4.41 kl 2 Id. it • Aenunn Fryehle S Me Iedval or 11me Moss u1 "I 'A Intlukl IAtKinne~t Il j on pwas INeg `r-~Rrt v1 nenlenr 1% 11101 1fSS S 2x10 ItT ~ O • as , lU 06 96 11:12 FAX 200 516 2633 CAROM COMPACTOR (0 It U03 Attrchment f 2 g OI"ER 13 YE IRS SERVICE TO THE 40(10 WASTE D15POSAL LYDIISTltt ON 101 SYLVAN AVENUe. SUITE 500 WESTERN USA 1100) 44a-6236 M006STO.CALiFOPSIA05350•IS00 EASTERNUSA(1001541.150+ COMPACTOR COMPANY PHONE {2011 $71.11r4 - FAX (2091 S7a-2633 TOLL FAEEPAX (BOO) as CAFCN QUOTATION TO: QUOTATION NUMBER: 98QOS i 1 B DENTON CITY LANDFILL 901 Tt%u Strict Dentaa.TX 7620i h~ 6 (44 Cer~,.- DATE OF QUOTATION: 05•19.98 ATTENTION{ David Dugger REGARDING: Wheels for 11X1812 PHONE NUMBER 940483.1231 FAX NUMBER: 940-349-7334 PART No. QUANTITY DESCRIPTION PRICE 1406-40JLX t et04 RN 826 47 U4" wide wheels wDA new I" chuck 837,500,00 outer drum k 7" ell Super Duty Pin -On teeth. Price Z s based an exchangeofcore wbeeil, Newwheels wlrrUty Applies. ,I COMMENT rcugAt R aDDUcaD a uses w a6dic oil _ - ESTIMATED SHIP DATE: 30 Days SHIPPEDFROM: Esaloq CA QUOTATION VALID FOR: 30 Days PAYMENT TERMS Net 30 Days ALL PRICES QUOTED ARE SL'ILIECT TO ANt OR ALL APPLICAlLL TAAM TAIUIT•S, OtMM Ov1;RSW P4CKAGMG. 9Cr. AND ARE TAIL nU k .SfOr IPUJTY Of Tt1E f VRCHMLA. L4SVlkARCL FW% UV.4S AI LL ALSO THE AWOOX3111l OFTIR PVACHMLIL I. If payment is not received within 30 days a wardiall to tem. a late payment charge of 1, 5% will ist added for esch moult the aeeou ,t remaUu unpaid. Should this wooaat be refined for colle,tion, all collection costs including reasonable attorary's fra shall be added to the uopakl balance 2. Price and terms on quotltions are not subject to vstbat climl es at other agreements unless approved in writing by an nrthonted CARON represenutive. 3 Delivery of orders build on this quotation may be delayed by the seller due to strikes, accidents, Art. ` as silability or material and other causes beyond a- 2 Control. 4. Stenographic err013 am subject to colTtctionl. Cond1dons ant lpec(Aed herein shall be governed by esuabUshed trade cwomsJ 6 Terms inconsistent with this Ilvorwicia will not be binding on the seller. 7. Orden wIll be priced in accordance with 4uari ies quoted and rtrtased for shipment at one dale unieu cast~acner is eotifie arm vanstioA. By. SeAs Coordi0u6r 1 Kim KJINMJV i j To place as order, please call Toll-Free (800) 415-6116 at fu (209) 578-2833 9 t MAY 29,1998 Y'. Its a 7 w~~ o , 0 11/23198 1;;24 EU 209 578 2835 CARON CW7PACTOR CO 0001 Attachment 4 3 OVER 25 YEARS StiRVICF. TO THE SOLID WASTE DISPOSAL INDUSTRY 609 SYLVAN AVENUE, SUITE $00 WESTERN USA (8001448.8230 , nr. ^ MODESTO, CALIFORNIA 96360.1300 EASTERN USA 5600) 641-6637 COMPACTOR COMPANY PHONE (209) 678-0514 • FAX (509) 676.2833 TOLL FREE FAX (800( OOCARON November 23, 1998 Mr. Tom Shaw CITY of DENTON Dcuton, TX Via Fax: 940-349-M Please consider this letter written notification that CARON COMPACTOR COMPANY Is the patent holder and sole source manufacturer for laadriR compxtlon wheels with 7" tall, "Super Duty" teeth with Pin-On replaceable caps. CARON wheels for the 8280 feanse out unique combination of boriwntal "traction" teeth and vertical "contour" tooth ssanged in 6 alternating rows of 8 teeth each that has been proven to provide the but possible combination of machine traction and the demolition effect that produces maximum compaction density. Each replaceable cap is secured to a protected, reusable base by a double pia and coiled spring mutloer system. Our Pin-On replaceable caps are but treated 13 a higher degree of bardaraa than one- piece weld-on tooth or blade designs to provide the longest "Ale wear life s A replacement without welding or exta3ded machim downtime, I CARON Pin-On rah are coveted by a mannfaemer's warranty that provides See replacement parts for any tooth assemblies or replaceable W lost due to improper installation or mumhaaring defect during the fiat 4 years of 10,000 Loon of operation by the original purchaser. if you have any quesuors regarding our products or their availability, please eowtu out • office toll free. ! 3 Best Regards, • • • lick ~ Mutager - Sales Coordinator Bolts r a I~ j 32 X A o i ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF CHAFIER 252 OF THE TEXAS LOCAL GOVERNMENT CODE EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND P OVIDING AN EFFECTIVE DATE. (PURCHASE ORDER 91266 TO CARON CONIPAC 0R CO. IN THE AMOUNT OF $39,850.00) 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 pattrnts, 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, t..e 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 I. That the following purchase of materials, equipment or supplies, as -ascribed in the "Purchase Orders" listed hereon, and on-file in the office of the Purchasing Agent are here by approved: PURCHASE ORDERNUMBER UNDO AST 91286 CARON COMPACTOR CO. 539,850.00 SECTION 11. That 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 D^parlmcnl. SECjIONIll. That the City Manager is hereby authorized to execute any ' contracts relating to the items specified in Section I and the expenditure of funds pursuant • to said contracts is hereby authorized, p • 6 Its 32 i~ r t IilAUillf w , 0 y 1 SECTION IV. That this ordinance shall Y,ecome effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1998. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY. CITY ATTORNEY BY: Y1296-SOLE SOURCE , i r. 7 4 ,e, ryls4. 5 x IJ X 10 00, e 0 xxv" AVeiHa No .-.I_.K ...R.. , AGENDA INFORMATION SHEET Apaada Date- AGENDA DATE: December 8, 1998 Questions concerning this acquir,ition may be directed DEPARTMENT: Finance - Purchasing to Sharon Mays 349.9487 • ACM: Kathy DuBose, 349-8228 T: SUBJE AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (PURCHASE ORDER 91294A, 912948, 91294C TO MOTOROLA COMMUNICATIONS IN THE AMOUNT OF $48,391) r BACKGROUND: The 3 listed purchases are for mobile radio: and associated equipment, Purchase Order 91294A l is for hand held radios and batteries for the Waste Water Treatment Facility, Purchase Order 91294B is for hard held radios and batteries for the Water Meter Shop Division and Purchase Order 91294C is for the mobile radios to be installed in the I 1 additional police patrol sedans. RECONIMENDATION: We recommend purchase orders 91294A, B & C to Motorola Cotrmunications b^ approved in the total amount of $48.391 ESTIMATED SCHEDULE OF PROJECT: These radios and related equipment have an estimated delivery schedule of 6 weeks after receipt of order or around the first week in February 1949. ISCAL INFORMATION The funding f- this purchase is available in the 1998.99 budget account numbers; 0 Purchase Order 91294A 625.082.0471.9110 $10,575 Purchase Order 91294B 620-081.0462-9110 $13,759 Purchase Order 91294C 720.023.0584.9103 524.057 Total Amount $48,391 PIACIIASF ORDER LNFORMATION: 0 Ithese 3 purchase orders totaling $48,319 are for Motorola radios and related equipment. The Q purchase orders are separated for accountability, shipping and funding only. They are, on the > other hand, combined for quantity discounts from Motorola. the units are available from only one source. Motorola Communi ations, and are exempt from the bid process as per Chapter 252 of the Texas Local Go%emment Code. Motorola holds the copyright and patents on these 600 MHZ radios and only sells direct to the end user. 1 I 10 32 x K Vf v r s t 0 r „ l N• I 1 AGENDA INFORMATION SHEET DECEMBER 8, 1998 PAGE 2 OF 2 Respectfully submitted: I4 Name: Tom Shaw, C.P.M., 349-7100 Title: Purchasing Agent r~ Attachment # 1: Purchase Order 91294A to Motorola • $10,575 Attachment 02: Purchase Order 91294B to Motorola • S13,759 Attachment 0 Purchase Order 91294C to Motorola • $24,057 Attachment p4: Sole Source Confirmation from Motorola Attachment N5: Quotation from Motorola W.AUNDA i ' I y 1 q 2 0 k 1'LHICIfASE; 0110111 N0: 1)1;!')4A 1111S IS A 16i•..n. idiot 4yu... ""Al CONFIRMING WXR mvucvl. dotwory Shps, cases. IIF MARKEDI clns, ba•os, pxsagl Slips .rd bons. . 00 NOT DUPLICATE flap No Sod Nor Oalr 11 19 96 Pogo No. 01 , CITY OF DENTON TEXAS PURCHASING DIVISION I SO1-B TEXAS STREE} I DENTON. TEXAS 76201-4354 w n 9401349-7100 DIFW PATRO 9171267-0042 FAX 9401349-7302 IENOOR MOTOROLA 4AME/ ATTN: KRIS PRICE DELIVERY CENTRAL RECEIVING 837 100RESS 1313 E. ALGONQUIN ROAD ADDRESS COMMUNICATIONS SCHAUMBURG IL 60196 901 B TSXAS ST DENTON, TX 76201 ~ ACCT 01000720632 VENOGR NO. MOT52550 DELIVERY QUOTED 01 01 99 FOB DESTINATION BUYER TS TERMS LINE `.LBwr...~e1j 001 1.000 EA VENDOR CAT. IHO1QX MFG NAME 1,471.000 10,297.00 CITY 0 9100 NTS-2000-1 WITH OPTIONS 002 6.000 EA VENDOR CAT. INTM7144AR MFG NAME 38.000 228.00 CITY 1 9100 NTS BATTERIES to, 003 1.000 LT VENDOR CAT. I M / A MFG PANE 50.000 50.00 CITY 1 9100 ESTIMATED SHIPPING COSTS P OE TOTAL s 10,575.00 GRIND TOTAL a 10,575.00 625 092 0471 9110 10,575.00 VENDOR INSTRUCIIDNS; 3 forms Ill 30 e>wi... .n....n, .,.:e.,n 1. Sena erymel iovlrte wilh IvphGie copy 4. Sh.pplnl Insto Wiens. F.01, 01 sorrnln pr.$Md Woo0 Aw... +1.,d„I 113.11 to ke"rolf Peyebfe 1 No ledrd be stet. Was me skirl be I A 6*4 III I. McKinney SL p In prctl 61Ief c vu - , - 010104, tk ?1201.1190_ 1"f I ,f {wY I , rv ? 5 x 32 x 'vl ~f O 11UH(IIASL (MII30I NO: 411 WL) THIS IS A IN. r.nuilmr nur.I rwr ell CONFIRMING ORDER a,., 'I"lunrI, sbp,. 4 1Cd,S. 1 MARKED) - Ij cln:, boos. l,xbina 114,1 aid bills DO NOT DUPLICATE llcq No Bid No'. Date: 11 19 98 Pago No. 01 Pl1RCRASIN; OlvCaTY 901 OF vENTONf T T~X~SEXAS 76201-4354 q Irt 9401349-7100 01FW METRO 8171267-0012 FAX 9101149-7302 r, 11NDOA MOTOROLA n 4AMEI ATTN: KRIS PRICE DELIVERY CENTRAL RECEIVING 937 1OURESS 1313 E. ALGONQUIN ROAD ADDRESS COMMUNICATIONS SCHAUMBURG IL 60196 901 8 TEXAS ST DENTON, TX 76201 a ACCT 01000720632 VENDOR NO. NOTS2550 DELIVERY OUOTED 01 01 99 FOSSHIPPINO POINT BUYER TS TERMS LINE WANIITY _ 6~, r, ar r^y ~:ra • f,. o c (101 3.000 EA VENDOR CAT, 0HO1QX MFG MAKE 10987.000 5,961.00 CITY 1 91,10 XTX-2^00-111 204H, H36, NT01168 800MH2 RADIO 1,5 002 5.000 EA VENDOR CAT. OHOIQX MFG NAME 1,471.000 70355.00 CITY 0 9100 NTS-2000-I 202H, 1136, NTR1168 cJOKHZ RADIO i U03 6.000 EA VENDOR CAT. INTS7144 FO NAME 38.000 228.00 CITY 4 9100 1 !STS BATTERY 004 5.000 EA VENDOR CAT. 4H314 NFO NAME 33.000 165.00 CITY 0 9100 SWIVEL LEATHER CASE P OE TOTAL t 13,709.00 i VENDOR INSTAATIONS~ 1. Terms - Net 30 n'^'.rr .re.,.. a. ~.n 1. Send trill ineeln Willi d"licNb to" 4. Slilpil millwa s. 1.OO Datinsil" prepud ud.u ..Ana's 10,6en,1 I bill It Accwnn fgebte S No (e4erol or sisto sales bs "I it included III II MLKRWV Ss in pia billed -~Purchasing ii Denton, 1K 11101.4209 - 7,K~FJ 32 x [7 t 1 F f ~ ~ e t G E' r , PUItClIASL (AWL-111 NU: l'1.V411 INS IS A 161.. l"N'0.nl niu.t 44,"A un all CONFIRMING OHOER I m"ulcu'. Jolivu,y skips, czos, . ~U° MARKED) clos, bootp pwI,ulq sl.ps and enUs' DO NOT DUPLICATE Reg No Bid No, Datc 11 19 ^B Ps" No, 02 PURCHASING DWISSIION 11 9004 8 TEXAS STTAEEIf TDEEN`OPAdTEXAS 75201-4354 9401349-7 100 O/FW L*TRO 8171267-0042 FAX 9401349-7302 VENJOR MOTOROLA VAME/ ATTNI KRIS PRICE DELIVERY CENTRAL RECEIVINO S37 AO MESS 131, E. ALGONQUIN ROAD AOLVSS CONNUNICATIONS SCHAUMBURG IL 60196 901 B TEXAS ST DENTON, TX 76201 ACCT 11000720632 VENDOR NO. MOTS2550 DELIVERY OUOTED 01 01 99 FOBSHIPPING POINT BUYER TS TERMS I 005 1.000 LT VEN10R CAT. # N / A MFG NAME 50.000 50.00 CITY # 9100 ESTIMATED SNIPPING COSTS P OE TOTAL a 50.00 j I OR ND TOTAL a 13,759.00 ~ 620 081 0962 9110 13,759.00 ~ t vtWOR INStRUI11pNS: I. Terms • Net 30 •~~^1. -1.10,101 1, Send erlprul mloic4 wIR1 duphetle eery. 4. Shippping Nslruclmnt F.OG Deslimmlon pre►ad lu.hu .A.«1. tiMey.1 I. 6.R to - kcaunts Pgele j t. No !114111,81 v sots sales us IN" Is Include! 'III E. Wmel Se A prices lolled. e v s Ornun, }K 11!01.4791 I I ti~ _J _ ' s >r I CI 32x10 s ' No • n24"40 t I I I I'0111.IIA!d 1411N It UlJ: 1l r'i4r' 1111S IS A 11'r 11i00,44 riurr gqui.e uu all CONFUIMING ORDER I nroui.,,r'. dnlow,e :Iq:, t.e•u+.. . 8f MARKEOI Clo'. 6u.nS 1'x611'11 s14s aid hitlS DO 140T DUPLICATE I 1404 Nu Bid Na Date: 11 19 98 Papa No. 01 y PURCHASING DIVIC~TY 901 OF DTEXAS EN SONf I~ DEE74xoAr1 TEXAS 16201-4354 9 9401349-1100 WVV METRO 8170267-0042 FAX 9401349-7302 7 VENDOR MOTOROLA n NAME! ATTNs KRIS PRICE DELIVERY CENTRAL RECEIVING SO1 ADDRESS 1313 E. ALGONQUIN ROAD ADDRESS SCHAUMBURG IL 60196 901 B TEXAS ST DENTON TX 76201 ACCT 11000720632 VENDOR N0. NOT52550 DELIVERY OUOTEO 01 01 99 FD8SHIPPING POINT BUYER TS TERMS LINE QUANTITY ~r ;~yk.y.•~ :.;'a ',11, 001 11.000 EA VENDOR CAT. / N / A MFG NAME 2,187.000 24,057.00 CITY i 9100 - MCS2000 MODEL 111 15 WATTS M01HX OPTION 832W, 1137, B123,8113 4 ; i P GE TOTAL l 24,057.00 OR ND TOTAL d 24,057.00 { • 720 015 0584 9104 24,057.00 . vkND011 NSTRIXTWNS: 1 Terms Net 30 aMw., s. y«wer t 1. Send &,1 01011 ("voice with 041101 to"; 4. SMpay mouuclienf: F06, Deslinelion preps aM,., .n.ra. p«r~n I 2. slit it • Accounts Payable 6 No federal of One oafs 4s dun be lateded 4 116 E. McKinney $t. ! M p,ces boned. a irp . rv sia Denton, pl 71id1.111! _ j 1 2 s :32xl~ i0 r. Attachment M 4 1I~~ i Tar TOM BIor poor Kris Pr;w poa (840) 3*r302 Pssm 3 Phow (940) 3497171 pates 11!1890 NO 0" ( O uryoF 0 For Rar{aN I] prom Ctrsast O fMaaaa Rarfy L'.Us" Rseyno I Tiny Rap r ■ eery al UM *wh yw no I Hiasaa sob 1 rsard yarn aaeasi b IsrA INra Mtn (MIA y VA& Nw &M MUM rod ft R YON hers any gssslFsw• foal fisa to Gamma! WA at (400J 7f7,xtM a>!. /Op. Abe, I am ssalnslM twt tea We"n" IR8l400 aM MNIM arMs an Ads oauow Now that Mss say he paral"M has adow-As o fe" i. • KM Pwsa O Malaool4 CMNows CS" , vil 7 ' 10 h ,~ww 1 C)A'IWOROLA 071Y.4YOY.tl3 1988 CT Rimer Connection Prupwal 1307BAlgoNvinRdSclnumburg,IL60196 O,obL tf13kpW.2 Prcpartd By: K/s Price photo., 0"i 341.2moL5161 Frr: ply 5164639 CUSTOMERI; 1000720692 'Wk MED FOni Tom Shew r Oa To Sl4Pb WNPANr: Denton, City Of Addrosr.215EarIMcKkMy Mchm.. PHONE: (940)940.717; Denton, TX ?ONI FAX : 10401349-73U E4uipment IDetaih and Pricing 00. Volk amw mm lwdhm b NTN5441 SPAUHIGH CAFACITYMTIOOOBATTERY $49.47 $395.76 6 NTN7144 ULTRA HIGH CAPACITY BATTERY $38.00 S218.00 4 IISN9326 EXTERNAL SPEAKER $36,55 $14620 1 Nn47144 ULTRA HtOHCAPAC.TYBATTERY $38.00 $38.00 I! NTN4127 STXRAMAY $39.00 $702.00 1 $180291BIO KXN1141A REFOSC. 5148.13 5148.75 739.00 $702.90 v 18 NTN:327 STX BATTERY I 1 NLN6150 'M TSCONIPOLLV BOARD t10'."3 $467.50 2 5105479005 P.ECIC $11.90 $23.80 $21,25 $85.00 4 HLN5184 SWITCII BCIARD $6.20 S37.20 n 6 6403473N01 SIX BATTERY PLATE 1233 75 1467.20 x 2 NUF6410 MTS RF BOARD hrTS2000STARTSIT 9MODELIWICIIIR;E1k $1.032.00 S7,224.00 7 1101QX MTS2D00 PORTABLE RADII? 7 20211 dOO Wit (1106-670) MODEL 1 SERIES OPT10N 1169.00 11,183,00 • ? 1136 STARTSITESYSTEM SOF1WAREPACKAGEOPTION $172.00 11,20400 7 N1N1161 1IDYENHANCED RAPIDRATECIWOE1 S98A0 5686.00 ~51,411l1 310 297A0 6 NTN7144 CLTRAHIOHCAPAC1TYBt TTERY $311PO 322$.00 MT 52100 SrARTSTFF MODTL III WICBARGER $1,032,00 33,096,00 3 MOM PITS2DDO PORTABLE RADIO 3 204H 800M1r(806.870) MODEL III SERIE9OPTION 5685.00 12,03500 3 H36 STARTSITE SYSTEM SOFTIVARB PACKAGE MON 1172.00 SSI600 3 14TN 1168 11 Ov ETiH"CRD RAMb RATE CHARGER $98.00 T2p' 00 $1,111.007 161.11 M'1414HSTARWEMODEL IWICHARGERAIRATIERCASE ,00 SS,16U,00 5 HOIQX MT82DOO PORI ABLE A ADIO fI,,03203200 ;:845.00 2021 800 Mitt (806.870) MODEL I SERTdS OPTION S 1136 STAR TSITE5YSTEMSOFTWAREPACKAOEOPTION $172.00 $860.00 i S H.114 SW(YFI.LEATHERCASE 31L(W $33.00 $163.00 S NTH 1163 100v ENH kNLTD RAPII) RATE UiAR(JGR 598.00 S190.00 r 11,SW.N nsze~o 6 N1N7144 ULTRA HIGH CAPACITY BATTERY Sm.00 3228.00 MCS2400 SMARTNBT MODEL IQ 11 MO±HX MCS2000 ENHANCED RADIO PACKAOE 31111.00 $8.78100 11 83:'3' 8uv MHz MODEL Q113 WATT (WW) PUM 07nON 1839.00 $9,119.00 I1 H37 SMARiNETSYSTEMSOFTWACEPACKAGE OPTION 150800 55,588.00 iI B123 ADD:3hOAINROOPTOPSMMRXANTENNA 110.00 SI10.00 II 8113 ADD IGNITION SWITCH CABLE $9.00 S9940 -Alva 3D;,031.N t. Ow~ri~w.l..a v.MO+e.rr,r+.ir4anf d r rdaral.w ~.~.~y~ Ndlri aaes ryw*b 62004 SM. dHd Eo W4 a Mlndla azs:s4Y~ aI Ouo1zG'on and fta,.nor'aw.dMMcrld1s.11~i+~Mar/xYwfM~)ila'aTartnaaMCeou'101~ t Ordrd q.0wri M M rrW IraMidwl4a11a rbAM,7>w, IAt Neal l Nrr1...r71 wlaspal bbkW pv*q p aM bob irNabAOraa I. ArMNarf N ddbNAP141 krfrfM d ar1.A1 atuaatrretaw,nr~••arr..wr~,•r.l.et. Arm~Wmu" ' I ~o ? ari~olf/vd~lM+V~~MM1~tldMor..'a/1R~alwl'JMMat.rlad.~'4 tnAOAal,tobaaxzxt~~anwwwzaz~AF~trtoMaiopra►nooue~aurrtMalrtao hltr Rana I ~MawwonclrtcoaWwvatsaratwutr+leamxomrtutanAAxx~anMrmAOez a Y010AOIAfNtx1MLL11'I NilIY FitlyM MMOIAMIRUM KttrU TOM ROUND ft% hltt TN1a OF of PA=ll IAN Afsw TO YHQItont3011Adm N+1w"o A aO1WR WU aOtwdl K W RI RA XINCx OR CdUECU OK U*W Y.V. @A 8 P I trr rnarlpnhlwr al'MrilMrl611YN YwawrylwMMrlR a/a~lt0'M~. s i t 32 X M 0 ORDINANCE NO. _ III AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE ',OURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIlREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (PURCHASE ORDER 91294A, 912948, 91294C TO MOTOROLA COMMUMCATIONS IN THE AMOUNT OF $48,391) i WHEREAS, Section 252.022 of the Local Government Code provides thct procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret procvices or natural monopolies; films, manuscripts or books; elecricity, 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 1 That the following purchase of materials, equipment or supplies, as described in the "Purchase Orders" listed hereon, and on-file in the office of the Purchasing Agent are here by approved: PURCHASE ORDER NUMBER VENDGR AMOUNT 91214A MOTOROLA $10,571 91294B MOTOROLA $13,759 91294C MOTOROLA $24,057 SECTION Il. That the acceptance and approval of the above items shall not 0 constitute a contract betweei the City and the person submitting, the quotation for such items until such person shall comply with all regcirements spec;"ied by the Purchasing i Department. SECTION Ill. That thr City Manager is hereby authorized to execute any contracts relating to the items specified in Section I and the expenditure of funds pursuant 0 to said contracts is hereby authorized. 10 0 &MEL i 2x ❑ Avon" t SECTION IV. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1998. JACK MILLER, MAYOR SJ ATTEST: JENNIFER WALTERS, CITY SECRETARY .r BY: APPROVED AS TO LEGAL FORM: l HERBERT L. PROUTY, CITY ATTORAIEY i 1 BY: 91294-SOLE SOURCE i , 1 . K~ ! t ' A 0 i A4,hdj. Nu AGENDA INFORMATION SHEET Agenda item i'.V 0 Date. AGENDA DATE-. December 8, 1998 Questions concerning this acquisition may be directed DEPARTMENT: Finance - Purchasing to Ray Wells 349.7108 AC11: Kathy DuBose, 349-8228 SUBJECT: AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR 711E PUo CHASE OF AN UPGRADE TO THE SCADA SYSTEM WHICH IS AVAILABLE FROM h ONLY ONE SOURCE IN ACCORDANCE WITH PROVISIONS OF CHAPTER 252 OF TI4C TEXAS LOCAL GOVERNMENT CODE EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (PUFCHASE ORDER 91651 TO ADVANCED CONTROL SYSTEMS IN THE AMOUNT OF $211,803) BACKGROLT-M This purchase is for the upgrade cf a existing SCADA system. This will replace 2 Hewlett Packard A-600 mini computers along with the hardware and associated software that are not Yeas 2000 compliant. The purchase will include 2 Hewlett Packard D-230 computers with hardware and software that will be compliant. ' The existing HPb17000 series SCADA system from Advanced Control Systems (ACS) was purchased in 1985, Several upgrades have ban completed to allow for enhanced features and expanded data handling capabilities. However, the distnbution system has continued to expand and new substations have been added to support the growing load. With the load growth, the existing SCADA system has reached its capacity. The second phase expanded on the initial pilot program, adding a single D21L Hewlett Packard server to run the PRISM SCADA EMS software from ACS. The server was paralleled with the existing IIPM7000 system. This allowed a period of transition for operator training, data restructure, etc. prior to the decommissioning of the HPM7000 system. This final phase will add a redundant mr.ster station, enable ICCP communications protocol to allow communication to other entities, allow further expansion of automation and enable short i term local forecasting. The highlights of this phase arc; • Add a second redundant D230 server a Add a second redundant front end processor • Add 3 lleMctt Packard X stations for operator consoles • Provide setup and testing of both master and secondary servers • Allows total decommissioning of the existing HPM 7000 systems RECONI'MENDATION: 7 J14 We recommend purchase order 9:651 be approved to Advanced Control Systems in the amount of $211,803. f I S _ I 10 32XIO "RAL "SAL "SAL 1 0 AGENDA INFORMATION SHEET DECEMBER 8, 1998 PAGE 2 OF 2 ESTIMATED SCHEDIIE OF PRO.IECT: Implementation of this Phase III upgrade will begin within 30 days of receipt of a purchase order and will be complete prior to the 6-30-99 Y2K compliance target date. PRIOR ACTION EVIEW (Coun II. Boards. Commisslons)t Phase I Approved by PUB 1996 Phase II Approved by PUB 1998 d Phase III Will be presented to PUB December 7,1998 FISCAL INFO RAATION: Funds for this Phase III SCADA Upgrade are available in the 1998-99 budget account #610-103-1031-4360-1)300. PURCHASE ORDER INFORMATION: This purchase order is for the sole source ^rquisition of Phase III upgrade to the SCADA system. Advanced Control Systems holds the patent and copyright and only sells direct to the end user, 1 Sole Source acquisitions are exempt from the bid requirements of State Law, ; Respektfullyysubm~itted~: _ y Name: Tom Shaw, C.P.M., 349.7100 Title: Purchasing Agcnt 0 t Attachment q I; Purchase Order 91651 - Advanced Control Systems i Attachment #2: Quolation from Advanced Control Systems t rI' 2 `r r C ~,r~', 25'Cl 32 x1[1 0 1 ' I I PURCHASE ORDER NO: 91651 THIS IS A This number mwi sppor on all CONFIRMING OROEN Ihvo.ces, dellcbrt slips, cases. {IF MARXEDI Y tins, boxes, packlnq slips and bills . DO NOT DUPLICATE et ' n Req No: B,d Nc Dolor 11 24 98 Pvm No. Od i n CITY OF DFNTON TEXAS PURCHASING DIVISION 1 901-6 TEXA$ 6TR R I DENTOR TEXAS 76201-4354 940/349-7100 DOW METRO 6171267-0042 FAX 9401349-7302 VENDOR ADVANCED CONTROL SYSTEMS NAME/ 1805 STANDORD AVE. DELIVERY CENTRAL RECEIVING 821 ADDRESS ADDRESS ELECTRICAL DISTRIBUTION NETAIRE LA 70003 901 B TEXAS ST DENTON, TEXAS 76201 J18 O'BRIEN VENDOR NO ADV49100 DELIVERY O1101ED 12 08 98 F08 DESTINATION BUYER T8 TERMS LINE DU ~TL1Y_ ,r ' «r, .rey f' T ;0 ~ I 1011tww"IRWIPW MR 001 211803.000 11 VENDOR CAT. 4 N / A NL*0 NAME 1.000 211,303.0 CITY 1 9100 SCADA SISTEN W P 0E TOTAL 1 211,803.0 0 a • 610 103 1031 4360 9300 211,803.00 GRIND TOTAL 211,803. t Y(NbOA INST011CIIONS I Toffs • Nei 16 I stud oflbfll M/bite t d1 0w a ll My 4 shi0Flnd Ineautliono: F O fl, 0111#01110 prysH 01•.14 M.. *..r•.+[ 1 001 is • Accounts fable i S, No Itiersl of stle ides Isi 1W be MKAnkd _ 11 U MJlrno. eG f pass Id1e4 et u~r41 +s on 25,K I❑ 32XIo O ATTACHnUT # 2 ADVANCED CONTROL SYSTEMS 1805 STAWORD AVE. METAIRIG, LA. 70003 TEL! 504.496.4311 FAXi S044l> AS16 e-mail • jim.obrieaeacaathtnW.com &I TRANCMITT L SHEET. DATE: November 10,1998 TO: Ray avrU_ Tom Idaentzcl COMPANY; City of Dorton FROM: JIM O'DRIEN r' SUBJECT: Quote for not It, 111 and upgrade to D-33f1 Servers on both TOTAL NUMBER OF PAGES (tNCLVDINO COVM 19 Ray, I *as able to get In touch with Tom who gave me your fax number this momiq - U,at Is what I was "Ding about. Futlowfug is the Rnal quotation for phase II 6 in. Phase 17 was ordered with 4 Reflecdous X packages and less the LaserJet printer for 1174.668 - your PO I8S607, f Phwe III quotation Is for $184,803 plus the $21,000 for upgrading bath servers frum D•118s to D-230s which is a tout of S11t,803. The hardware is ou our factory floor and we are waiting for the Rod PO to Mich fuadIng auflware, check out aad scheduling the FAT. I wuutd really appreciate your help In getting the Phase M PO in 66 mouth. " If Yuu have ally questious or 1 can help in any way please call. • ThaLLM, } 1 h:t 'I . Y, j I I 4 I 32 x I ❑ e ' u 1 i ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF AN UPGRADE TO THE SCADA SYSTEM WHICH IS AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH PROVISIONS OF CHAPTER 252 OF THE TEXAS LOCAL GOVERNMENT CODE EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDINO AN EFFECTIVE DATE. (PURCHASE ORDER 91651 TO ADVANCED CONTROL SYSTEMS IN THE AMOUNT OF S23I,SOJ). 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 pro.esses 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 kids; 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: SECTL0_NL That the following purchase of materials, equipment or supplies, as described in the "Purchase Orders" Gated hereon, and on file in the office of the Purchasing Agent are here by approved: PURCHASE O~DERNUMBER VENDOR AQUNy 91651 ADVANCED CONTRCL SYSTEMS $211,803 SECTION H. That the acceptance and approval of the above items shall not constitw i 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 Department. SECTION III. That the City Manager is hereby authorized to execute any , e contracts relating to the 0cros specified in Section I and thn expenditure of funds pursuant Q to sad contracts is hereby authorized. 5 3 z x I CJ • 1 0 s .1 , 1 SECTION IV. That this ordinance •'..dl become effective immediately upon its passage and approval. it PASSED AND APPROVED this the day of , 1998. E JACK MILLER MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 1 91651-SOLE SOURCE 1 I, I ~4 Y Y 1 N1 1 P 1 F, i 6 P 1 1 1If A9f 32X 0 25 x 10 Mill! 0 A Ag6lids ND-. AGENDA INFORMATION SHEET Apsnda Ite q _ Gate AGENDA DATE-, December 8, 1998 Questions concerning this acquisition may be directed DEPARTNIENTt Finance-Purchasing to Jcr.-y Clark 349-8560 Kathy DuBosc, -49.9228 ACM[*. SUBJECT: AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AW,1 DING AN ANNUAL CONTRACT FOR THE PURCHASE OF CEMENT, LIME AND AGGREGATE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID 2290 - CEMENT, LIb1£ & AGGREGATE AWARDED AS LISTED ON EXHIBIT A. ESTIMATI D ANNUAL EXPENDITURE $660,000) BACKGROUND: Tabulation Sheet f RD(OMNIENDATION: We recommend this bid be awarded to the I rwest bidder for each item as listed on F.xhil it A. The annual estimated expenditure is $660,000. ESTIMATED SCHEDULE OF PROJEC 'I'bis price agreement will be in effect for o-.e year and may be extended fur one-year period-, if agreed to by both parties, with all pricing, terms and conditions remaining the same. FISCAL [YFORUATIO,V: Budget funds for construction and maintenance rill be utilized by the various departments of the City of Denton as purchase orders for these supplies are issued. BID I,NFUMLATION: This bid is for the purchase of bulk cement, premixed concrete, sand, rock, and lime, with most being delivered to the job site. City of Denton departments and divisions will use. this contract in 0 construction and repair projects for Streets, 'Valet & Wastewater limes and un&rground electric applications. Respectfully submitted: Cam` Name: Tom Shaw, C.P.M., 349.7'00 Title: Purchasing Agent Attachment 01: "abulation Sheet ' r Attachment 02i Exhibit "A" n774nE~n.1 . 1 tx q, < 1a 32xlq 0 , am,fa O A Attachment I 1 TABULATION SHEET BID t 2290 TXI DENTON RED'. CHEMICAi GAINESVILLE GIFFORD BARTEL en11D HILL BID NAMf CEMENT, LIME 6 AGGREGATE SAND MIX LIME Pape 1 of 2 AND GRAVEL DATE 27<kt•93 DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR SECTION A. 4,5C0 Sacks f. Portland cement per sock _ lbs. delivered to City of Donlon Warehouse In truckload quantities $514 NB NO NO NB NB NO 3 Tons 2. Bulk Po tiand Cement truckloao !k deiivorad to our Plant 986.29 NO NO NO NB NB NO 50.100 Tno 7. Type I bulk cement delivered to _ job aIs 997'6 NS NO NO NB` NO NB READYdAX CONCRETE 7000.8000 4. 8 Sock Mix $63.00 NO $05.00 NO NO NB NO Cu Yd Cu Yd S. 1.0 Sack Mix $49.00 NO $53.50 NO NO NO NO "IN Combined w Cu Yd 6. 1 sack Mix $47.00 NO $52.00 NO NO NO NB t4-0) 0 Cu Yd 7. 3000 PSI.4.S WRA $61.00 NB $65.00 NO NO NO NB Cu Yd S. 3000 PSI with Fly Ash 20% Max $6000 NO $154.00 NO NO NO NB Truck Time If Applicable $r. NA NB NA NO 148 NO N8 Small Load Ch■rpe If Applicable $ _ NA NO NA NB NO NO NO bi:k Adjustment $ ruck $4,110 I 32 X J A ' O v { I TIAB"'LATION SHEET B A 2290 TR! DENTON REDI CHEMICAL GAINESVILLE GIFFORD CARTEL BID NAME CEMENT, LIME 6 AGGREGATE BAND MIX LIME SAND HILL Page 2 of 2 AND DATE 27.Oc1.96 GRAVEL # _ DESCRIPTION _ VENDOR VENDOR VENDO+'_ VENDOR VENDOR VENDOR NDOR SECTION B. _ 1000 CY 9. Field San! • Eeckfrll _ 64.95 NO _ $10,27 $1.00 1000 Tons 10. Pit Sand jConrreto) 612,52 61015 NO $15.40 000 Ton, It. Manufactured Sand for Concrete _ _ Mixture 19.02 1S 30 NO - 36.75 _ 500 Tons 12. Concrete Agg,agato Ctass A,'+ #4 Rock rowashod S Weaned $11.30 NB _ 610.50 612.00 300 Tons is. Concrete Aggregate 318" down rock _ 615.02 $11.30 NO 311.02 1000 Tons 14. Type A Greds 1 Flexible Bast 6912 19.15 NO 38,50 641.00 1S. Crushed Stone 06.20Ifor Ice 6 snow 1000 Tons rontrol of city street _ $12.30 NO 66.75 5500 C if, Screened Sand 111545 N' 37-00 I 200 Ton 12.1112"Rock Urnaeton&2shadAscreeno 61012 $11.30 NO 311.00 612,50 • 100 Tons 19. 4" • S" Rip Rap Limestone 611.95 NO 612.50 112.50 SECTION G. 30,000 c1lbs 19. Hulk Tyre A Hydrated limo 60,000 Cwt Minimum Truck Delivery=-.011:1 366.00 40 IN 24 TH MIN Maximum Truck Dellve ■ cllb9 • lk 500,000 cubs 20. Bu Type B SlurryLinu 500,000 Cwt Minimum Truck Dellvcry■ _-CAbs 693,75 250 IN 11 TON Maximum Truck DellveryL__ oAbe I , s M 0 ~xfee7w,► s ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF CEMENT, LIME AND AGGREGATE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; PROVIDING ON EFFECTIVE DATE. (BID 2290 - CEMENT, LIME & AGGREGATE AWARDED AS LISTFD ON EXHIBIT A. ESTIMATED ANNUAL, EXPENDITURE $669,000) WHEREAS, the City has solvated, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids arc the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefr•re: 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 DC'NTON HEREBY ORDAINS; SECTION 1. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID 11 EM NUMBER SL VEhWO AMOUNT 2290 1,2,3,4,5,6,7,8,17 TXI EXHIBIT 4'X* 2290 9,10,16,18 DENTON SAND EXHIBIT "A" 2290 19,20 CHEMICAL LIME EXHIBIT "A" 2290 13 GAINESVILLE SAND AND GRAVEL EXHIBIT "A" 1 2290 11,12,14,15 6IFFORD HILL EXHIBIT "A" ! $ 'IC ION i[.. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. i i ~ r SECTION II 1. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreeme ,t as a result of the acceptance, O ! approval, and awarding of the bids, the City Manager or his designated rPpresentative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditior,s, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. I 4 I i ?5 ILL 32x1rj M Now 01 Room" ` O . i a SECTION IV, That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECT[ r1 x. That this ordinance shall become effective immediP.ely upon its passage and approval. PASSED AND APPROVED this day of 11998. ,r JACK MILLER, MAYOR .t 'v. ATTEST: JENNIFER WAL rERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L, PROUTY, CITY ATTORNEY i i BY: 2290 SUPPLY, ORDINANCE I I ~ , s ~ • i ; r a i ` I • 150 4 r; 00, K I O EXHIBIT "A" DESCRIPTION VENDOR PRICE ' 1, Portland Cement per sack TXI $5,89 delivered to rity Warehouse in truckload quantities 2, Bulk Portland Cement TXI S88.28 truckload delivery to plant 3. Type I bulk cement TXI 593,28 delivered to job site Ready Mix Concrete 4, 5 Sack Mix TXI $63,00 Yi 5. 1.5 Sack Mix TXI $49.00 6. 1 Sack Mix TXI $47.00 7, 3000 PSI - 4.5 WRA TX1 $61.00 8, 3000 PSI with Fly Ash 20% TXI $60.00 SECTION D - 9. Field Sand-Backfi:l Denton Sand S4.95 10, Fit Sand (Concrete) Denton Sand $10.95 11. Manufactured Sand for Gifford Hill S8.75 Concrete Mixture 12. Concrete Aggregate Class Gifford Hill $10.50 A. #4Rock(rewashed & S.rcened 13. Concrete Aggregate 3/8" Gainesville Sand and SI I.02 do-An rock Gravel _ 14. TyPL A Grade I Flexible Gifford Hill $8.50 Base 1S. Crushed Store #6.20(for Gifford Hill $8,75 ice & snow 16, Screened Sand Denton Sand $5.95 17. 11 'h" Rock, Limestone TXI $10.52 washed & screened 18, 4"•8" Rip Rap Limestone Denton Sand $11.95 • SECTION C I 1 19, Bulk Ty A SI irry Lime Chemical Lime $86.00 20, Bulk Type B Clurry lime Chemical Lime S96.75 • 1 • • 6 T S~' i s , 0 1 I a~ A0409 No AGENDA INFORNIATION SHEET atiAnda Re//m 77~~ !!JJ77_ _ _ AGENDA DATEt December 8, 1998 Questions concerning this acquisition may be directed DEPARTMENT: Finance - Purchasing to Jerry Clark 349.8390 ACM; Kathy DuBose, 349-8221 SUBJECT: AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF HOT MtX/IiOT LAY ASPHALT CONCRETE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTiVE DATE; (BID 4 2291 - HOT ML"OT LAY ASPHALT CONCRETE AWARDED TO JAGOE PUBLIC, ANNUAL ESTIMATED EXPENDITURE 1S $760,000) BACK ROUNDs Tabulation Sheet RECD 11MENDATION: We recommend this annual contract be awarded to Jagoe Public as listed in Exhibit 'A" for an annual estimated amount of $760,000.00 I ESTIMATED SCHEDOLE OE PROJECT: This contract is for an annual price agreement and may be extended for additional 12 month periods upon mutual agreement of both parties with all prices, terms and conditions remaining eucbarged. FISCAL 1NFOR.IIATION: I Utilization of their contract will be charged to the appropriate budget or bond account number on an as needed basis. BID INFORMATION: ' This bid is for the annual supply of asphalt for street construction and maintenance. Included are terms and conditions allowing the City of Denton to have the material laid under the direction of i the Street Division or to pick up the material from the plant as needed for patching or smaller projects. Respectfully submitted: c t Name: Tom Shtw, C.P,M, 349.7100 Title: Purchasing Agent Attachment aL Tabulation Sheet Attachment p1: Exhibit "A" 1111 ACr5nA 1 ~ J ('A LAM, C~ - x I o 3X I n r ' , r . ATTACHMENT I i TABULATION SHEET BIDS 2291 " BID NAME HOT MIX HOT LAY ASPHALT CONCRETE JAOOE REYNOLD KOCH SOUTHERN PUBLIC ASPHALT MATERIAL ASPHALT DATE 27Aet-91 f DESCRIPTION VEN R ENDOR VENDOR NDOR SECTION A. TON 1. Hot Mix Hot Ley Asphalt Cone rate, FOB Delivered 127.00 627.60 NB NB j TON A. Deduction for pick up at Plant Patehln orCi Crewlmtallelion 62.00 66.60 NO NO ry r . Mlles 2 16 NO NB Ton S. Addltlonal per ton for Installation at CI of Denton job sib 4d00lons $900 623.95 NO NB Ton C. Additlon per ton for Installatlon at City ofDrnton obslte 100+1ong $3.00 $9A0 NO NB IY , 1 i , 1 ray l i t y 1~ t r r i it r 1 ~a• z,A 2 7 ~511( -4~i r '.712 X 10 i s , aweaeyra wnrars ATTACHMENTS 2 EXHIBIT'A" BID 9 2291 " BID NAME HOT MIX HOT LAY ASPHALT CONCRETE JAOOE PUBLIC DATE 27-0ct•99 0 DESCRIPTION VENDOR SECTIONA. TON 1. Hot MIa Hnt Lay Aaphstt Concrele, FOS Delivered 527,00 t r TON A. Deduction for pick up at Plant Patchln or City Crew Installation 92.00 Was 2 Ton S. Addlllonal par Ion for Installation at CI of Denton Job stte .0•200 tons 97.00 Ton C: Addltion per Ion for Installation at CI of Denton job stte 4 Iona {3.00 I 9 i 2 5 k 1 D 32XID c yxv~en , O Iapix011, ORDINANCE NO. AN ORDINANCL ACCEPT NO COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR TIIE PURCHASE OF HOT MINIHOT LAY ASPHALT CONCRETE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE; (BID 2291 - HOT MDUHOT LAY ASPHALT CONCRETE AWARDED TO JAGOE PUBLIC, ANNUAL ESTIMATED EXPENDITURE IS $760,000) WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as -:sown in the "Bid Proposals" submitted therefore; and WHE LEAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchuc of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CfrY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or servicci, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 2291 ALL JAGOE PUBLIC EXHIBIT "A" SECTION H. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, • specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Prr,posals, and related documents. SECTION III. 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, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written • contract is in accordance with the terms, conditions, specifications, standards, quantities and 0 • specified sums contained in the Bid Proposal and related documents herein approved and accepted. 9 ,5x10 32x111 1 t neurons 0 r , I r I SE('1ION E. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount li and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein, SECTION Vr 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 APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY I BY: 2291 SUPPLY. ORDINANCE. l . ' 1 I Y 1 li : Lj~ Y' 5 1 •i d, s, ~ I I r • r EXHIBIT 11Aa i BID R 2291 BID NAME HOT MIX HOT LAY ASPHALT CONCRETE JAOOE PUBLIC DATE 274ct•98 0 DESC R ' TON 1. Hot Mla Hot ley Aaphall Concrete, i FOB Delivered $22.00 TON A. Deducllon for pick up at Plent Patehin or City Crew Installation 52.00 f Mlles 2 f Ton B. Additlonel per ton for Installation at CI of Denton lob site (4.200 tone 57.00 Ton C. Addition per ton for installation at CI of Oenton ob sites 400 + tom 10,00 Iri I a . , I fti' , z5x32x~d. ~~.~11~i}[.. KZ 0 1 AyanOA Nn Agenda Itern._ AGENDA INFORMATION SHEET Dale_ f' ^ AGENDA DATE: December 8, 1998 Questions concerning this acquisition may be directed DEPARTMENT: Finance - Purchasing to Howard Martin 349-8232 ACAS: Kathy DuBose, 349-8228 , SUBJECT: AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF WOOD/YARD WASTE GRINDING SERVICES AT THE MUNICIPAL LANDFILL; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID 2294 WOOD/YARD WASTE GRINDING AT THE LANDFILL AWARDED TO THELIN RECYCLING CO. IN THE ESTIMATED AMOUNT OF $75,000) BACKGROUND: The Landfill division is currently grinding wood and yard waste products as a part of the "dyno dirt" compost project. Due to very large amounts of accumulation, our one grinder simply can't keep up. We have hired other grinding services on an emergency basis on several past occasions. This annual contract will avoid the emergency situation and keep our wood and brush pile to an acceptable level. RECOAi,~f ENDATIQN: We recommend this bid be awarded to the lowest responsible bidder, TTtelin Recycling Co. at $1.00 per cubic yard for approximately 75,000 total cubic yards. ESTIMATED SCHEDULE OF PROJECT: The contractor is scheduled to be on site within 14 days of notification and will move in and out as grinding materials ore accumulated. FISCAL INFORUATION: ` This grinding service will be funded from 1998/99 budget fund account #625.082-0470.8502, BID INFORMATION: This bid is for a grinding service to locate a large tub grinder at the landfill on an as needed basis k to grind wood and yard waste. The ground material is used in the "dyno dirt" composting process. This also keeps this high volume material out of the landfill. The contractor will move in with 14 days notice of an 8,000 cubic yard accumulation, grind the material and move out until aga;:a notified. Respectf submitted: 0 Name: Tom Shaw, C.P.M., 349.7100 Title: Purchasing Agent Attachment #1: Tabulation Sheet IIlr Mir?b\ l I' a I1 ~I/i", ' Q ATTACHMENT s 1 TABULATION SHEET BID 9 2294 BID NAME WOOD GRINDING AT THE LANDFILL THELIN AUSTIN RECYCLING WOOD GATE 3•NovAB M DESCRIPTION VENDOR VENDOR 75,000 CU YDS ALL LABOR, EQUIPMENT AND MATERIALS NECESSARY FOR THE GRINDING OF BRUSH, YARD WAS CLEAN CONST. LUMBER & MISC WOOD PRODUCTS. S 4.00 CY S 1.92 CY f `e 1 k 4 11 ~ t F, t" , i+ ( y 1, J I 2 t. 0 0 w ORDINANCE NO, AN ORDINANCE ACCEPTING rk^MPETITTVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF WOOD/YAM) WASTE Or'NDING SERVICES AT THE MUNICIPAL LANDFILL; , PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID 2294 WOOD YARD WASTE GRINDING AT THE LANDFILL AWARDED TO THELfN RECYCLING CO. IN THE ESTIMATED AMOUNT OF $75,000) WHEREAS, the Pity has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services it v. cordance with the procedures of STATE law and City ordinances; and 1VEEREAS, the City Manager or a. designated employee has reviewed and recon4rcnded 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 " 11IiEREAS, 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 accepter, herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: i SECTION 1, That the numbered items in the following numbered bids for materials, cquipm:nl, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items; BID ITEM NUMBER NO VENDO AMO aT 2294 ALL THELIN RECYCLING CO. EXHIBIT "A" SECTI~,y11. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, 0 specifications, standards, quantities and for the specified sums contained in the Bid Imitations, Bid Proposals, and related documents. SECTION Ill. 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, approval, end award ng of he bids, the City Manager or his designated representative is hereby • authorized to execute the written contract which shall be attached hereto; provided that the written p 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. 1W 3 MOM# T. E , y K I .32X 10 01 , Q 1 a SECTION IV. That by the acce}lance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance s!...5! become effective immediately upon its passage and approval, PASSED AND APPROVED this day of .1998. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: i i APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY I BY: 2294 SUPPLY, ORDINANCE, l j4 x, 25 K 10 32x10 o da j EXHIBIT "A" BID 0 2201 S;D NAME WOOD GRINDING 44T THE LANDFILL THELIN RECYCLING GATE 3-Nov-06 0 DESCRIPTION VENDOR 76,000 CU YDS ALL LABOR, EQUIPMENT AND MATERIALS NECESSARY FOR THE GRINDING OF BRUSH, YARD WAST CLEAN CONST. LUMBERS MISC WOOD PRODUCTS. 61,00 CY r i J i ,o a JIL 5 I' X . 6 0 a , AGENDA INEOMIATION SHEET AGenda I emO_ J AGENDA DATE: December 8, 1998 Questions concerning this acquisition may be directed DEPARTMENT: Finance - Purchasing to Ed Hodney 349-8271 ACNI: Kathy DuBose, 349-8228 SVBJECT: AN ORDINANCE ACCEPTING COMPETITIVE BIDS ARID AWARDING A CONTRACT FOR THE PURCHASE OF A TRENCHER AND TRAILER; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID 2302 - TRENCHER AND TRAILER AWARDED TO WITCH EQUIPMENT CO,. INC. FOR $38,118.67) BACKGRQUNDs Tabulation Sheet RECOJI,\J9,NDATI0N. We recommend this bid be awarded to the lowest bidder meeting specification, Witch Equipment Co., Inc., in the amount of $38,118.67. ESTIMATED SCHEDULE OF PROJECT: The delivery of the trencher and trailer is quoted to be 30 days after receipt of an order or appr"imately the second week in January 1999. I FISCAL INFOPMATION: Funds for this unit is available in Motor Pool Replacement account 0720-025-0584-9104. BID INEORMATION: This trencher and trailer combination is a m.dot pool replacement for a similar unit purchased in 1976. The old unit is no lonp:, economical to repair and will be sold at public auction. A , The new unit is a 37.5 hofsepo%% er air cooled diesel powered unit for use by the Parks Department in the construction and maintenance of irrigation systems and similar projects. The lower price offered by Future Equipment failed to meet engine horsepower specifications, blade sire and backhoe control requirements. s i Respectrully submitted: Name i om Shaw. C.P.M., 349.7100 Title: Purchasing Agent Attachment 01: Tabulation Sheet I u!s ncsw~ 1 r I 6 10 32XIO ATTACHMENT 01 TABULATION SHEET ! BID 0 4307 BID NAME TRENCHER AND TRAILER VERMER FUTURE WITCH ZIMMERER EQUIP EQUIP EQUIP KUBOTA DATE 17-NovOA 0 DESCRIPTION VENDOR VENDOR VENDOR VENDOR 1 CURRENT MODEL 77.5 HP TRENCHER AS A DITCH WITCH $700 TYPE OR EQUAL, EQUIPPED PER SPECIFICATION ; WITH FRONT MOUNT BACKHOE, r ' 6-WAY BACKFILL BLADE, ADJUSTABLE SLIDING OFFSET TRENCHR $40,731.60 $31463.00 535,110.17 NB 7 OPTIONS IIA2 'T TRANSPORTATION TRAILER PER SPECIFICATIONS FOR TRENCHER UNIT $3.600.00 $4,066.00 $3.008.30 NB ARO AMOUNT OF DAYS 30 DAYS 65 DAYS 30 DAYS NB ALT. ITEM 51 541 544A0 f E ' ! lI , r r I l { 7 f'. l 25 s"z' 32XIO~j 0 i j i ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A TRENCHER AND TRAILER; PROVIDING FOR THE EXTENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE, (BID 2302 - TRENCHER AND TRAILERS AWARDED TO WITCH EQUIPMENT CO., INC, FOR $38,1 AkD WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessay materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended t 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: 5f.C'TION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM M NO _VENDOR AMQOI 2302 ALL WITCH EQUIPMENT CO., INC. $38,118.67 SECTION II. That by the acceptance and approval of the above numbered items of the submitted bids, the city accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION lll. 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, approval, and awarding of the bid,,, the City Manager or his designated representative is hereby 0 authorized to execute the written contract which shall be attached hereto; provided that the %ritten contract is in accordance with the terms, conditions, specifications, standards, quantities and O • sp.cificd sums contained in the Bid Proposal and related documents herein approved and accepted. ~y0r 3 32 ACEZIMM In. X10 Y 1 t e i I ~ 0 1 1 SECTION y. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made purx,iant 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 BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY. CITY ATTORNEY BY: 2302 SUPPLY. ORDINANCE. 1 I ' i r ~ i !7Y ~Jj. 4 Y i d sai c x 32 x 10 s , to 0 Apendo No _-0 .~Q_7 Agenda ltrm Wit AGENDA INFORMATION SHEET AGENDA DATEt December 8, 1998 DEPARTMENTt General Government CM: Michael W, ,tez, City Manager SUBJECT: An ordinance amending ordinance no. 96-014, as amended, relating to the Rules of Procedure of the City Council, by providing ceteain rules establishing decorum, behavior, and security regarding citizens' bchavior and conduct at City Council meetings; providing a sevcrability clause; providing i savings clause; providing for a penalty not to exceed $500.00; and providing for an effective date, BACKGROUND: As a result of the City Council's meetings with facilitator Lyle Sumek, Council expressed a desire to develop rules governing audience behavior and security at City Council meetings. QPIION5 + A. Approve ordinance. 0 U, Decline to approvc ordinance. + RECOMMENDATION: Option A: approve ordinance. 0 FS1IMATED SCHEDULE Qf PROJECTS: 0 If passed by Council, ordinance becomes effective fourteen days from the date of its passage, 1 F l V;, 32XIO , 4 1 ~ uram+, i „ PRIG CT1ONAMEW (Council, Boards. Commissionl: City Council review at the November 10, 1998, work session. FISCAL INFORMATION: No fiscal impact, ATTACBNIENT: Ordinance Respectfully submitted: r f, i hael W. !ez City M ger Prepar.d by: Richard Foster Public Information Officer 'I F • i I f Ee PI0 hjereL'11'o19M dc Mi► k 4 f 4 2 , f ,n~ 25 K Ia 32x q Mddddd 7 M~ MONO i o I IMMA91 r O I n Raw*" ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 96-014, AS AMENDED, RELATING TO THE RULES OF PROCEDURE OF THE CITY COUNCIL, BY PROVIDING CERTAIN RULES ESTABLISHING DECORUM, BEHAVIOR, AND SECURITY REGARDING CITI- ZENS' BEHAVIOR AND CONDUCT AT CITY COUNCIL MEETINGS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED S500.00; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council deems it in the public interest to amend its Rules of Proce- dure to preserve order and decorum and security during City Council meetings, which will help preserve the ability of the City Council to effectively and efficiently conduct its public meetings; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Ordinance No. 96.014, as amended, is hereby amended by amending Section 3.3 "Citizens" of Section 3 "Code of Conduct", to read as follows: I 33 Citizens: a. Citizens and other visitors are welcome to attend all pubic meetings of the City Council, and will be admitted to the City Council Chamber or other room in which the City Council is meeting, up to the fire safety capacity of the room, b, All meeting attendees shall conduct themselves with propriety and decorum. Conversations between or among audience members should be conducts: outside the meeting room. Attendees will refrain from excessively loud private conversa- tions while the Council is in session. C. Unauthorized remarks from the audience, stamping of the feet, applauding, whis- tics, yells, and similar demonstrations shall not be permitted. d. Placards, banners, or signs will not be permitted in the City Council Chamber or • in any other room in which the City Council is meeting. Exhibits, displays, and visual aids used in connection with presentations to the City Council, however, are permitted, e. Audienr'e members in, y not place their feet on any chairs in the City Council Chamb,:r or other coon in which the City Council is meeting. f. Only City Council members and City staff may step on to the dais, • • • g. All people wishing to address the City Council shall first be recognized by the presiding officer and shall limit their remarks to the matter under discussion. 3 rii F 'l 25❑ 32xI❑ , e 0 h. All remarks and questions addressed to the City Council shall be addresred to the City Council as a whole and not to any individual members, i. Any person addressing the City Council in the City Council Chamber shall do so from the lectern unless physically unable to do so. People addressing the City Council shall not be permitted to approach the dais. If they wish to hand out pa- pers or other materials to the City Council, they should express that desire to the presiding officer, and the City Manager shall direct a staff member to hand out the materials. j. When the time has expired for a presentation to the City Council, the presiding of- ficer shall direct the person speaking to pease. A second request from the presid- ing officer to cease speaking shall be cause of the removal of the speaker if that person continues to speak. k. Equipment, apparatus, or paraphernalia such as camera tripods, easels, or wheel- chairs shall not obstruct, block, or otherwise be located in the doorway, entrance- way, or walkways of the City Council Chamber or of any other room in which the City Council may choose to meet. Representatives of the electronic media may set up cameras and other equipment only in the back of the room. It is pennissi- ble for television camera operators to film for short periods of time (several min- utes) from the entranceway to the City Council Chambers using hand-held cam- eras only. Any radio station, which broadcasts the regular City Council meetings live may hook their equipment up at the front of the room as long as it remains out of sight and out of the way. 1. There will be a uniformed City of Denton police officer present at all regular meetings of the City Council. This police officer shall act in the capacity of a se- curity oMcerlsergeant-at-arms, and shall enforce the meeting rules and act upon the direction of the presiding officer. M. Any person making personal, impertinent, profane, or slanderous remarks, or who becomes boisterous whilc OcItessing the City Council or who otherwise violates • any of the above-mentioned rules while attending a City Council meeting shall be removed from the room at the direction of the presiding officer, and the person shall be bared from further audience before the City Council during that session of the City Council. If the presiding officer fails to act, any member of the city Council may move to require the offending person's removrI, and the affirmative ate of a majority of the City Council shall inquire the presiding officer to act. • The sergeant-at-arms, if so directed by the pt esiding officer or an affirmative vote tD of fie majority of the City Council, shall remove the offending person from the meeting. If 4 1ti~ C] 32 x1[1 s n • a~ SECTION 11. That any person violating any provision of this ordinance shall, upon convic- tion, be fined a sum not exceeding $500,00. Each day that a p rovision of this ordinance is violated shall constitute a separate and distinct offense. i SECTION 111. That save and except as amended hereby, all of the remaining sections, subsections, paragraphs, and sentences of Ordinance No, 96-014, as amended, shall remain in full force and effect. SECTION IV. That if any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, the City Council of the City of Denton hereby declares that they would have enacted such remaining portions despite any such invalidity. SECTION IV. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordi• nance to be published twice in the Denton Record•C6ronlc'e, 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 ATTEST JENNIFER WALTERS, CITY SECRETARY BY: • APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY n BY:_~~ I+ • C ~ ~ 'V'N Lrn,va.r.n..t6pPiaar ov.rwnneMan ra~.w,mT Sarse.a S ~h K In 32XI 01 i 1 i LS, "M Apuhoil Nu _.2 ~o,...., Agenda Harry"7~ p7 AGENDA INFORMATION SHEET Data AGENDA DATE: December8, 19911 DEPARTMENT: Engineering & Transportation CMJDCM/ACM: Rkh Svehis, Deputy City Manager SUBJECT, AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER 1'O EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE FURNISHING AND r INSTALLING OF TRAFFIC SIGNALS BY A MUNICIPALITY PER MINUTE ORDER 102542; AUTHORIZING 7 HE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDIr3 AN EFFECTIVE DATE. BACKGROUND: the project ti to upgrade the traffic signal equipment for US 77(Elm and Locust) between Sycamore and Parkway. The existing equipment is about 10 years old and lacks 'shnology needed to address the traffic Issues In the downtown Area. Funds ere provided In the Congestion Mitigation Alt Quality (CMAQ) Program from the Federal 1STEA Program. of 1IONS, I, Approval 2 Disappruvel R,%CONIMENDATIONt Approve: PRIQR Af'T._lONiR VIEW [Council Boards. Commisslonsf City Council approved the project submittnis in late 1905 for project 40891n the last CMAQ cell for projects FISCAL. INFO RMATjIQjrL The estimated cost is $96,034 We are committed up to 26% wlrich would give a maximum participation of S22,369. The City's Traffic Division would install the equipment, and receive a credit of $5,33490 for the estimated labor if completed as estimated. 0 f he remainder of the funds would come nom CiP Bond fim is and the General Fund(0012) ! { Respectfi,lly submitted: C • 1 lark, 'rector ; p p~ engineering & Transportation s " V WNW" u0mma , CSJ: 0918-46- Contract No.: STATE OF TEXAS § COUNTY OF TRAVIS § CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT AGREEMENT FOR THE FURNISHING AND INSTALLING OF TRAFFIC SIGNALS BY A MUNICIPALITY a THIS AGREEMENT, is made by and between the State of Texas, acting through the Texas Department of Transportation, hereinafter callad the "State," and the City of Denton , -Denton County, Texas, hereinafter called the "City," acting by and through its duly r authorized officers. WITNESSETH WHEREAS, the Interrnodal Surface Transportation Efficiency Act of 1991 ("ISTEA"), I codified under Title 23 U.S.C. Section 101 est. seq., establishes the National latemnodal Transportation System that is economically efficient and environmentally sound, provides the foundation for the nation to compete in the global economy, and will trove people and goods in an energy efficient manner; and WHEREAS, Title 23 U.S.C. Section 149 establishes a congestion mitigation and air quality improvement program ("CMAQ") to contribute to the attainment of a national ambient tIr quality standard to be implemented by the States Transportation Agencies; and WHEREAS, THe 23 U.S.C. Section 134 establishes that Metropolitan Planing " Organizations ("MPOs") and the States' Transportation Agencies develop transportation plans • and programs for urbanized areas of the State; and ; WHEREAS, the Project has been designated as a federal-aid project and thus this Agreement shall be made in accordance with Federal Highway Adm!"tstration (FHWA) , procedures and regu!stions; and 7tt~ CMAQ:FED 1 of 13 6-98 CITY FORCES 100"/" Dallas Distric(MOD) 2 Q ' I 1 WHEREAS, the State is empowered under existing laws to operate and maintain a system of uish nays and roadways for public use and benefit; and WHEREAS, the City has offered to participate in the development and construction of the Project as defined elsewhere in this Agreement; and WHEREAS, on this day of 19 , the City Council passed Resolution/Ordinance No. , attached hereto and identified as Exhibit "D," authorizing the City's participation in the development and construction of the Project; and WHEREAS, Title 23 U.S.C. Section 120 establishes the Federal share of ftmding for CMAQ programs involving the procurement and installation of traffic signals as defined elsewhere in this Agreement; and WHEREAS, the City has requested the State to reimburse the Federal allowable percentage of the cost of installing traffic signals and other items directly related to the operation of an intersection at the locations eitablisbed herein, hereinafter called the "Project;; and WHEREAS, the State will secure the federal cost share, and reimburse the City for their appropriate cost associated with the Project as defined elsewhere in this Agreewn; and WHEREAS, on the 29th day of July , 19_9}__, the Texas Transportation Commission passed Minute Ordcr 102342 authorizing the Project through the State Transportation Improvement Program; and WHEREAS, the State and the City are authorized under Article 6673b, V,T,C.S. to enter Into this Agreement for the purposes defined herein; ACREEMENI 0 NOW THEREFORE, in consideration of the premises and of the mutual covenants and ; agreements of the parties hereto to be by them respectively kept end performed as hereinafter set forth, it is agreed as follows: h CMAQ:FED 2 of 13 6-98 CITY FORCES 100% Dallas Distric(MOD) 6 3 V ' f 32X!❑ s u 1 I '191 ARTICLE 1. CONTRACT PERIOD This Agreemeot becomes effective on final execution by the State and shall remain in effect as long as said traffic signal(s) is/are in operation at the described location(s) and the signal project is incomplete, or unless otherwise terminated or modified as hereinsfler provided. ARTICLE 2. WARRANTING DATA The City will be responsible for codecting and preparing the required warranting and justification data for each signalized intersection, The data will be furnished to the State in a format approved by the State. Only those intersections wat are warrmteo and approved by the State will be eligible for signalization under this agreement. ARTICLE 3. INTERSECTION LOCATIO1, S f A. All State-approved intersectiom which are included as part of the "On State Highway r System" will be acknowledged in Exhibit "A," attached hereto and trade a pan of this Agreement. B. All State-approved intersections which are "Off State Highway System" will be acknowledged in Exhibit "B;' attached hereto and trade a part of this Agreement. ARTICLE 4. CONSTRUCTION RESPONSIBILITIES A. The plans associated with the construction of the traffic signals will be developed by the City, unless noted otherwise in paragraph "C" below, The construction plans, which will require final approval by the State, shall be prepared in accordance with the latest edition of the Texas Manual on Uniform Traffic Control Devices (TMUTCD). B. The City will construct the Project with City forces in accordance with the plans and the TMUCCD. Any variations will be noted In paragraph "C" below. C. Variations:` F ARTICLE S. INSPECTION OF WORK , A. The State will ma,.e suitable, frequent, and complete inspection of man mats and equipment, t•A the work of installation sufficient to determine and permit Certification ttat the f • • • + CMAQ:FED 3 of 13 6.48 CITY FORCES 100% Dallas Distric(MOD) I j .1 4 f . , !E1 32XIO o 0 Project and its components meet all applicablk requirements of the plans and specifications in suitable condition for operation and maintenance by the City after its completion, B. The City shall provide opportunities, facilities, and representative camples as may be required, to enable the State to carry on suitable, frequent, and complete inspection of materials ` and application metbods, sufficient to afford determination and certification by the State that all { pans of the installation and the component materials comply with the requirements of the approved plans and specifications, The State will promptly notify the city of any failure of materials, equipment, or installation methods, and the City shall take such measures as necessary to obtain acceptable systems components and installation procedures without delay. C. The State shall make random inspections of 25% of the work and equipment m- this project. If it is later determined that any materials not initially inspected by the State did not comply with the requirements of the approved plans and specifications or any application metbods were not ssrfficieot at any time during this contract or after this cortrsct has terminated, the State will promptly notify the City of these items and the City sball take su .h measures as necessary to obtain acceptable systems components and installation procedures witbout delay at their own expense. ARTICLE 6. PERSONNEL, EQUIPMENT AND MATERIAL The City shall use labor and supervisory personnel employed d,lectly by the City, and use City owned machinery, equipment, and vehicles necessary for the work. In the event that the City does not t uve the necessary machinery, equipment, and vehicles necessary to perform the work, they will follow applicable federal and state laws, rules, and regulations relating to procurement of goods and services with federal and state funds and accounting for federal and state funds. These applicable requirements may include the following: (1) Engineering and architectural services must be procured In accordance with 23 • CRF 172 and with Texas Government Code 2254 subchapter A. (2) In the event the City awards contracts for construction services or performs work with City forces, the City will conform with 23 CFR 635 and 23 CFR 633, as al pticable. FHWA Form 1273 shall b, included in any contracts awarded for conaruction. Tbr State will review • and :approve the contract letting and award process of the City prior to the I:tting of such O • CMAQ:FED 4 of 13 6.98 CITY FORCES 100% Dallas DistrIOMOD) 5 , ' Q 1 contrs..ts. In the event the City performs force account work, the City must comply with 23 CF'R 633 Pan B, which require that a finding of cost effectiveness be made. ARTICLE 7. COMPENSATION i A. The maximum total project cost without modification is S 126.000 A cost estimate of the work authorized for each intersection listed in Exhibits "A" and "B" sball R be provided in Exhibit "C," attached hereto and made a part of this Agreement. 13. The State will reimburse the City the cost of fumbling sad installing the traffic signal equipment according to the location and manner of construction as shown and described in the pleas and specifications, The State will reimburse the City for up to S 93000 for the allowable costs for the locatiom described in Exhibit "A," The remaining S 33.000 will be considered a local contribution. The State's direct costs for the State's review and processing for the work completed at the locations descrbed in Exhibit "B" on this agreement shell be $ ~ NIA. This amount is .'!/A?/e of the total estimate in Exhibit "C" for the locations Listed In Exhibit "B", The City i 'gill be responsible for WA of these costs, which should be deduced I}om their reimbursement of allowable expenses, Any indirect costs will be in accordance with the State's Indirect Cost Recovery Plan. C. The State will reimburse the City for properly supported costs incurred under the terms and conditions of this Agreement. Costs Incurred prior to the issuance of a written 'Work OrdeC by the State will not be relmbursed except for materials already on hand. ReirntAmment will be made by the State to the City for labor, equipment use, materials, supplies, travel expenses, and warehouse or material handling charges provided the City has paid tom City Amds their M obligations covering items of costs previously billed. D. The City shall comply with the cost principles established in OMB Circular A-87, "Cost Principles for Sta a and Local 0ovemmeots." i 4 Q'~ CMAQ:FED $ of 13 6-98 CITY FORCES 100% Dallas Distdc(MOD) 6 Sam r..~rrrrirrrr- MISS r O , i ARTICLE 8. PAYMENTS A. The City sball submit the State's Form 132, Billing Statement, or other type of invoice j acceptable to the State upon completion and final inspection of the Project (or on a quarterly basis wberever the work and materials provided for and contemplated under this contract have been found by the State, based upon an inspection made by the State to be satisfactorily eonk'ieted and installed on any individual signalized Intersection and/or section of roadway as approved by the State for partial acceptance by letter) for the work and/or equipment which has been accepted by the State. B. An original rod four (4) copies of the Billing Statement should be submitted to the following address: Texas Dcoartment of Transporution Attn: Diregorbf Transpottatioo Operations PO box 3067 nallas TX 75221-3067 I C.~ All billing statements shall be properly documented, summarizing the costs by description of work performed, quantity of materials and devices, unit price, labor costs, and extensions. D. The State will make payment to the City within thirty (30) days from receipt of the City's request for payment, provided that the request is properly prepared, executed, and documented. E. Unsupponed charges or charges sfwr final acceptance by the State will not be considered eligible for reimbursement. If applicable or necessary, the State will prepare a fast audit upon completion of the work authorized or at any time an audit is deemed to be in the best merest of the State. ARTICLE9/ TERMINATION A. Ibis agreement may be terminated by one of the following conditions: !IT (1) By mutual agreement and consent of both parties. 0 (2) By the State giving written notice to the City as a consequence of failure by the i City to satisfactorily perform the services and obligations Be forth In this agreement, with proper allowances being trade for cirmnstancea beyond the control of the City. CMAQ:FED 6 of 13 698 CITY FORCES 100% Dallas Distric(MOD) 'r 7 ME, 2S 10 32xICI 0 (3) By either party, upon thirty (30) days written notice to the other. If the agreement is terminated in accordance with the above provisions, the City will be responsible for the payment of Project costs incurred by the State on behalf of the City up to the time of termination, (4) Upon completion of the tetras of this agreement. B. The termination of this agreement shall extinguish all rights, duties, obligations and liabilities of the State and City under this agreement. If tbepotential termination of this agreement is due to the fiihue of the City to fulfill its contractual obligations as set forth herein, the State will notify the City that possible breach of contract has occurred. The City should nuke every efrort to remedy the breach as outlined by the State within a period mutually agreed upon by both r parties. ARTICLE 10. INDEMNIFICATION The City rcknowledges that it is Dot an agent, servant, or employee of the State, and that it is responsible for its own acts and deeds and for those of its agents or employees during the performance of contract work. ARTICLE If. REMEDIES Violation or breach of contract terms by the City shall be grounds for termination of the Agreement, and any increased cost wising from the City's default, breach of contract, or violation of terms shall be paid by the City. This Agreement shell not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and in equity mty be availed of by either party and shell be cumulative. ARTICLE 12. DISPUTES The City shall be responsible for the settlement of all contractual and administrative issues arising out of procurement entered into in support of contract work. • In the event of a dispute concerning the work performed hereunder the Executive Director of the State shell act as referee, and his decision shall be final and binding. CMAQ:FED 7 of 13 6-98 CITY FORCES 100% Dallas Distric(MOD) 8 2!i K ID 32 X I❑ , 0 OWN= o 1 1 Any dispute concerning the work performed hereunder, the cost of work performed hereunder, or any non-procurement issue shall be settled in accordance with Title 43, Texas Admin:ttrative i Code, Section 1.68, "Contract Claim Procedure." ARTICLE 13. SUBCONTRACTS Any subcontract for services rendered by individuals or organizations not a part of the Cityb organization shall not be executed without prior authorization and approval of the subcontract by the State and, when federal funds are involved, the U.S. Department of Transportation. Subcontracts in excess of $25,000 shall contain all required provisions of this contract No subcontract will relieve the City of its responsibility under this contract. ARTICLE 14. AMENDMENTS Changes in the time frame, character, responsibilities or obligations authorized herein shall be enacted by written amendment. Any amendment to this Agreement must be executed by both parties. ARTICLE 15. INSURANCE (Mark out the following paragraph that is not applicable) A. Qtuisift lnsmm Prior to the City performing any work on this Project, the City shall furnish to the State a completed Certificate of Insurance (Form 20.102, latest version) and shall maintain the insurance in full force and effect as long as this Project lasts. H. Self Insury Prior to the City performing any work on this Project, the City shall famish to the State a completed Certification of Insurance (Form 20.102, latest version) and shall maintain its self- insurance program in fuU force and effect as long as this Project lasts. The State understands that A the City is a self insured entity for public liability purposes. ARTICLE 16. SUCCESSORS AND ASSIGNS The City shall not assign or otherwise transfer its rights or obligations under this Agreement excel i with the prior written consent of the State. o e CMAQ:FED 8 of 13 6.98 CITY FORCES 00% Dallas Disttic(MOD) i 9 32 X i .nMmra r 0 ARTICLE 17. INSPECTION OF CITY'S BOOKS AND RECORDS The State shall, for purpose of termination of the agreement prior to completion, examine the books and records of the City for the purpose of checking the amount of the work performed and/or materials fumished by the City at the time of contract termination. The City shall maintain ' all books, documents, papers, accounting records and other documentation relating to costs incurred under this contract and shall make such materials available to the State, Federal Highway Administration (FHWA) or its duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of final acceptance of the work defined under this contract, or until pending litigation or audits are completely resolved. Additionally, the State, FHWA and its duty authorised representatives shall t have access to all records of the City which are directly applicable to this agreement for the purpose of making audits, examinations, excerpts and transcriptions. ARTICLE 18. LEGAL CONSTRUCTION In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforcesbility shall not affect any other provision thereof, and this Agreement sball be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. ARTICLE 19. GOVERNING LAWS AND VENUE This Agreement shall be construed under and in accordance with the laws of the State of Texas. Any legal actions regarding the parties' obligations under this Agreement must be filed in Travis County, Texas. ARTICLE 20. PRIOR AGREEMENTS SUPERSEDED This Agreement constitutes the Bole and only agreement of the parties hereto and super seder any prior understandings or written or oral agreements between the parties respecting the within subject matter. ARTICLE 21. OMB A•133 AUDIT REQUIREMENTS The City shall comply with the requirements of OMB Circular A•133, "Audits of States, Local 3ovcrnments, and Non-Profit Organization,," and shall promptly furnish the State a copy of each audit report. lid CMAQ:FED 9 of 13 6-98 CITY FORCES 100% Dallas Distric(MOD) 10 ; r Q 32 x Q ass • O The City shall be responsible for any fiords determined to be ineligible for federal reimbursement, and shall reimburse the State the amount of any such funds previously provided to it by the State. ARTICLE 22. PROCUREMENT AND PROPERTY MANAGEMENT STANDARDS ' The City shall adhere to the procurement standards established Title 49 CFR Part 18.36 and the property management standards established in Tide 49 CFR Part 18.32. The City shag maintain procurement standards which meet or exceed the requirements, as appropriate, outlined in the Federal Office of Management and Budget Circular A-87, Cost Principles for State and Local Oovenmments. ARTICLE 23. COMPLIANCE WITH LAWS The City shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court, administration bodies, or tribunals in any matter affecting the performance of the agreement, including without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws, permits an? regulations. When required, the City shall f4rnish the State with i satisfactory proof of compliance. ARTICLE 24. CIVIL RIGHTS COMPLIANCE { During the performance of this contract, the City, for itself, its assignees and successors in interest 1 (bereinatler referred to as the "City"), agrees as follows,, (1) Compliance with Regulations: The City shall comply with the regulations relative to nt,i~,jiscrimination in Federally assisted programs of the U.S. Department of Transportation, Title 49, Code of Federal Regulations, Pan 21 and Title 23, Code of Fe4:ral Regulations, Pan 710.405(b), as they may be amended from time to time (hereinafter referred to as the Regulations), • wbich are herein incorporated by reference and made a pan of this contract. j (2) Nondiscrimination: The City, with regard to the work performed by $ during the contract, shall not discriminate on the grounds of race, color, sex, or national origin is the selection and retention of sub:ot,tractors, inclur ing procurements of materials and leases of 0 equipment. The City shall no% lan':ripale by Section 21.5 and Pan 710.405(b) of tl a Regula6lns, 0 • CMAQ:FED 10 of 13 6-98 { CITY FORCES 100% Dallas Distric(MOD) Il I~ ~i E `~I O M OWW" including employment practices when thr contract covers a program set forth in Appendix B of the Regulations. (3) Solicitations For Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the City for ' work to be performed under a subcontract, Including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notifred by the City of the Cityls obligations under this contract and the Regulation relative to nondiscrimination on the grounds a of race, color, sex, or national origin. (4) Information and Reports: The City shall provide all information and reports required by the Regulations, or directives Issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Texas Department of Transportation or the U.S. Department of Transportation to be pertinent to ascertain compliance with such Regulati.-is or directives. Where any information requited of s City is in the exclusive possession of another who frals or refuses to furnish this information, the City shall so certify to the Texas Department of Transportation or the U.S, Department of Transportation, as appropriate, and shall set fords what efforts it has made to obtain the information. (S) Sanctions for Noncompliance; In the event of the Cityl noncompliance with the nondxscranination provisions of ibis contract, the Texas Department of Transportation shall impose such contract sanction it or the U.S. Department of Transportation may determine to be appropriate, includi%. ~„s not limited to: i (a) withholding of payments to the City under the -14 contract until the City complies and/or (b! cancellation, termination, or suspension of the contract, in whole or in pan I { (6) Incorporation of Provisions: The City shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of mterials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The City shall t dce such action with re rpect to any subcontract or procurement as the Texas Dept, ment of Tramspori ation 0 CMAQ:FED 11 of 13 6-98 CITY FORCES 100% Dallas Distric(MOD) 12 'tit x ` S ICJ 32x ~ O or the U.S. Departwat of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance, provided however that in the event a City becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the City may request the Texas Department of Transportation to enter into such " litigation to protect the interests of the State; and, in addition, the City may request the United States to enter into such litigation to protect the interests of the United States. ARTICLE 25. EQUAL EMPLOYMENT OPPORTUNITY i The City agrees to comply with Executive Order 11246 entitled "Equal Employment Opportunity" as amended by Executive Order 11373 and as supplemented in Department of Labor Regulations (41 CFR 60). ARTICLE 26. MINORITY BUSINESS ENTERPRISE PROGRAM REQUIREMENTS It is the policy of the Department of Transportation that Minority Business Enterprises as defined in 49 CFR mart 23. Subpart A, shall have the maximu^t opportunity to participate in the performance of contracts financed in wbole or in part witb Federal funds. Consequently, the Minority Bussimss Enterprise requiremeut of 49 CFR Part 23, exclusive of Subpart D, apply to &s contract as follow 9: (1) The City agrees to (asure that Minority Business Enterprises as defined in 49 CFR 23, Subpart A. have th,. maximum opportunity to participate in the performance of contracts and i sutcontracts financed in whole or in part with Federal funds. In this it&" the City shall take all necessary and reasonable steps in accordance with 49 CFR Part 23, exclusive of Subpart D, to insure that Minority Business Enterprises have the maximum opportunity to compete for and i perform contracts. (2) The City and any Subcontractors shall not discrimieate on t1,e basis of race, color, national origin or sex in the award and performance of contracts funded in whole or pan with Federal funds. { (3) These requirements shall be physically included in any subcontract. (4) Failure to carry out the requrements set forth above shall constitute a breach of contract and, after the aotificatioo of the Depatrnmi, may result in termination of the contract by v the Su-t or other sorb remedy as u.e State dee,ns apnropriate. ~ ® • CMAQ:FED 12 of 13 6-98 ; CITY FORCES .00% Dallas District(MOD) 13 0 n:u♦....r rv'., i.'.Y, wL in r.l Wf41F... ♦ r.. "..1 F+r.u . i. ~ i 1 ARTICLE 27. DEBARMENT CERTIFICATION (APPLICABLE TO AGREEMENTS WHICH EXCEED S 100,000) The City is prohibited from making any award at any tier to 3a1 p,.ty which is debarred or i suspended or otherwise excluded from or ineligible for par )o in federal assistance programs under Executive Order 12549, Debarment and Suspeosioo. The City shell require any party to a subcontract or purchase order awarded under this contract as specified in Title 49 of the Code of Federal Regulation, Part 29 (Debarment and Suwasioo) to certify its eligibility to receive federal funds and, when requested by the State, to famish a copy of the certification. IN WITNESS WHEREOF, the State and the City have signed duplicate cot!oterparts vi- this Agreement. The City of- Denton THE STATE OF TEXAS Executed for the Executive Director and By: approved for the Texas Transportation (Name) Commission under the Authority of Minute Order 100002 and Stand Alone Manual Notice 98-3, for the purpose and effect of activating and/or carrying out the orders, (Title) established policies or work programs by the Texas Transportation Commission. APPROVED: (Date) t ATTEST: By, Director, General Servias Division City Secretary Date: 1 CMAQ:FED 13 of 13 6.98 CITY FORCES 100% Dallas Distric(MOD) r, HA 14 11 IN 11 1 `l,. yr r 25 x 10 32 X 1 ❑ I i e i I D i i I :YUii^Ly1"'-~.fyty~}L Ii1.i.G Yn1 .i - FEDERAL-AID POLICY GUIDE December 9,,1991, Transmittal 1 23 CFR 172 OPI: HEP-10 SUBCHAPTER B - PAYMENT PROCEDURES PART 172 - ADMINISTRATION OF ENGINEERING AND DESIGN RELATED SERVICE CONTRACTS Sec. 172.1 Purpose and applicability. 172.3 Definitions. 172.5 General principles. 172.7 Methods of procurement. 172.9 Compensation. 172.11 Contract modifications. 172.13 Monitoring the contract work. 172.15 Alternate Procedures. Authority: 23 O.S.C. 112(b), 214(&), 302, 315, and 402; 23 CFR 17; 48 CM 12 and 31; 49 CFR I.40(b); 49 CPR 18; 41 U.S.C. 253 and 259. Sources 56 FR 19802, April 30, 1991, unless otherwise noted. sec, 172.1 Purpose and applicability. (a) To prescribe policies and procedures for contracting to ensure that a qualified consultant is obtained through an equitable selection process, and that prescribed work is properly accomplished in a timely manner, ac a reasonable cost. (b) This regulation applies to all engineering and design related service contracts financed with Federal-aid highway funds. Agencies with approved Certification Acceptance plans cad r shall RubmltaforRthe Federal SAighw and/or y Admiinistration°s (FIWA)( ) A approval, procedures consistent with this regulation if they intend to utilize Federal-aid highway funds for any of the above contract types. The use of procedures codified in State statutes to select consultant firms is also acceptable. Other types of negotiated contracts should be administered Under the requirements cof the common grant management rule, 49 CFR 18. 0 Sec., 172.3 Definitions. Q (a) coaoetitive aeaotIation.• Any fors of negotiations that utilizes, (1) qualifications-based procedures cotplying with Title IX of the Federal Property and Administrative Services Act of 1949 (Pub. L. 92-5820 86 Stat. 1278 (1972)), (2) equivalent 1 15 ~ • "~MJI r`J" 0 } i FEDERAL-AID POLICY GUIDE i December 9, 1991,_ Transmittal 1 21 CFR 172 state qualifications-based procedures or (3) a formal procedure permitted by state statute. (b) Consultant. The individual or firm providing engineering and design related services as a party to the contract. (c) Contract modification. An agreement modifying the existing contract, such as an agreement to accomplish work beyond the scope of the original contract. (d) Ca1t1racting_a(lencv. The State highway agency or local governmental agencies which have responsibility for the procurement. (e) L~ngjIering ald design services, contracts for project management, construction management and inspection, feasibility studies, preliminary engineering, design engineering, design, engineering, surveying, mapping and architectural related services. (f) Extra work. Any services or actions required of the consultant above and beyond the obligations of the original or ) modified contract. (g) Fixed tee. A dollar amount established to cover the consultant's profit and business expenses not allocable to overhead. (h) Prenegotiation audit. An examination of a consultant's records made in accordance with generally accepted auditing standards. 800ne of work. All services and actions required of the consultant by the obligations of the contract. A oec. 17245 General principles. (a) Need for consultant services in'manaaement roles. When Fedgral-aid highway funds participate in the contract, the contracting agency shall receive approval from the F13WA before hiring a consultant to act in a "management" role for the contractir•-v agency. This concept should be limited to situations O where unique or unusual circumstances exist and where the contracting agency has brovJ,ded adequate justification to explal,l j its reason for using a•consultant in this role and the reason it cannot perform the work. j (b) written procedures. The contracting agency ahall prepare written procedures for each method of procurement it proposes to 2 16 32 X . e lelVllc:7 O FEDERAL-AID POLICY GUIDE December 9, 1991, Transmittal '2 23 CFR 172 utilize. These procedures and all revisions shall be approved by the FaRik and describe, as appropriate to the particular method of procurew:,+t, each step used: (1) In preparing a scope of work, evaluation factors and cost estimate for selecting a consultant, (2) In soliciting proposals from prospective consultants, (3) In the evaluation of proposals and the ranking/selection I of a consultant, (4) In negotiation of the reimbursement to be paid to the I selected consultant, consultant's (monitoring the consultant's work and in preparing a performance evaluation when completed, and (6) In determining the extent to which the consultant, who is responsible for the professional quality, technical accuracy, and coordination of services, may be reasonably liable for costs resulting from errors or deficiencies in design furnixhed under its contract. 1 (C) , preneaotiat An a a • the Contra prepare prenegotiation audits to provide the necessary agencies data stall assure that the consultant has anacce wry eu { adequate and proper justification of thevvaari usrraatteesg charrged~to . perform work and is aware of the FHNA's cost eligibility and documentation requirements. I (1)• Prenegotiation audits and the resultant audit opinions are con required ofor all f less ontra5ct2ss0 xp0~ exceed $250,000 and for contracts r, • ' (1) There is insufficient knowledge of the consultant4a accounting system, (ill There is previous unfavorable experience regarding the reliability of the consultant's accounting system, or (iii) The contract involves procurement of nev equipment or C supplies for which cost experience is lacking. I )rr (2) The use of an independent audit an audit performed by another State/Federal agency or an audit performed by another local governmental agency is acceptable if the information is current and of sufficient detail. 17 - a, 25 KI 32 0 FEDERAL-AID POLICY GUIDE Decemb,tr 9, 1991,' Transmittal*1 23 CFR 172 , (7) ?renegotiation audits may be waived when sufficient audited consultant data is available to permit reasonable comparisons with the cost proposal. (d) State responsibility in local agency contracts. The State highway agency shall ensure that procurement actions by or through other State agencies or local agencies comply with this regulaUan. when Federal-aid highway funds participate in the contract, a local agency shall use the same procedures as used by the State to administer contracts not under CA, the SRP or the CRP. These contracts shall be subject to the prior approval of the State highway agency and the FHNA. Nothing herein shall be taken as relieving the State of its responsibility under Federal- aid highway laws and regulations for the work to be-performed under any agreements entered into by a local agency. (e) Disadvantaged Business Enterarise.(Dail nroaran. The contracting agency shall give consideration to DBE firms in the procurement of engineering and design related service contracts subject to 23 U.S.C. 112(b)(2). (f) Cont_.mctma1 responsibilities. The. oov';raeting agency or State highway agency shall be responsible for the settlement of all oontractual/advinistrative issues. 'All settlements shall be reviewed and approved by toe FHNA before Federal-aid highway funds can participate in any additional costs. sea. 172.7 Methods of Procurement. This regulation addresses three methods of procurement for the hiring of consultants to perform engineering and design related services specified In 23 U.S.C. 112(b)(2). These methods are: competitive negotiations which follows qualifications-based selection procedures or another selection procedure permitted by state statutes; small purchase procedures for small dollar value A contractai and non-competitive negotiations where specific conditions exist allows -n ego single firm. tiations to take place with a (a) competitive negotiation. Competitive negotiation should be used for the selection of a consultant to provide engineering and design related services. The following procedures shall apply to the competitive negotiation process: . O (1) Scone evaluation factors and cost estimate development. i The contracting agency shall prepare: 1 (i) A scope of work before issuing a Request for Proposal that reflects a clear, accurate, and detailed description of the 4 IB v~ , . d 17 I I • I I • I FEDERAL-AID POLICY GUIDE ` December 9, 1991, Transmittal', 23 CFR 172 technical requirements for the services to be rendered and a list identifying the evaluation factors and their relative importance, (11) A detailed cost estimate, except for contracts awarded under small purchase procedures, with an appropriate breakdown of specific types of labor required, work hours, and an estimate of the consu).tant's fixed fee (considering the risk and complexity of the project) or use during negotiations. (2) lQlfcitira Dronosals. ` (i) Solicitation. The solicitation advertisement process shall be by (project, task or service), by mailing Requests for Proposals to certified/prequalified consultants, or any other method that ensures qualified in-State and out-of-State consultants are given the opportunity to be considered for award of a contract. It shall include a process where either. (A) General Interest is solicited for performing the work; responding consultants are ranked based on an evaluation of their qeification statements (subuitted with their letters of L or on file with the contracting agency) i and proposals are requested from three rr more firms starting with the highest ranked firs, or (B) Proposals are solicited from all consultants that are interested in being considered for the work. (ii) Request for urooosal. The request for proposal shall: (A) Provide a description of the scope of work and identification of the evaluation factors including their relative import"" as included in paragraph (a) (1) of this section.' s (B) Specify fixed fethe method(s) of payment (lump sum, cost plus a , cost per unit Pe of work orspecific compensation), ~ rate(s) of (C) Request the submission of a may be used In tb,e selection phase if allowed or under aoState • statute, but shall not be used in the selection phase when O • qualifications-based procedures are used. (D) Allow sufficient time for'the consultant to prepire and submit the proposal. r 19 5 32. X e 0 ! I • I Noun= f FEDERAL-AID POLICY GUIDE December 9, 1991, Transmittal 1 23 CFR 172 (3) Analysis and selection.' (i) The eonsultants4 proposals, containing the information required by paragraph (a) (2) of this section, shall be evaluated and ranked by the contracting agency. This process shall include an analysis of the proposals in Comparison to the evaluation factors. In addition, the consultants' applicable work experience, present workload, peat performance, staffing capabilities, etc., should be'e%dluated and included in the ranking process. (ii) The award of engineering and design related sarvicea shall: I (A) Utilizf !ualifications-based procedures that either comply with the prov"icns of Title IX of the Federal Property and Administrative Services Act of 1949 (Pub. L. 92-582, 86 Stat. 1278 (1972), as amended) or utilize equivalent state qualifications-based procedures, or (8) Utilize a formal procurement procedure that is established by State statute or is subsequently established by State statute. (iii) The contracting agency shall retain acceptable 1 documentation of the proposal, evaluation and selection of the 1 consultant. Records shall be maintained in accordance with the provisions of 49 CM 18.42. (4) Neao'ziation responsibilities. (i) The negotiator shall use all resources available to j conduct effective negotiations, including but not limited to, the j refined scope of work, the evaluation factors and their relative importance, the agency's cost estimate as required in paragraph A (a)(1) of this section and the audit opinion issued as a result of the prenegotiation audit required in Sec. 172.5(c) of this part. (11) The negotiator shall separately negotiate the dollar amounts for elements of cost and a fixed fee except for services normally negotiated on a per unit (includes costs and fees) cost. e (iii) The contracting agency shall maintain records of O negotiations to 'negotiation activities and set forth the , resources considered by the negotiator. Records shall be j uaintained in accordance with the provisions of 49 CFR 16.42. 6 20 i I I i O FEDERAL-AID POLICY GUIDE k December 9, 1991, Transmittal 1 23 CFR 172 I I (5) Execution-of contracts. The proposed contract including the agreed upon cost figures shall be submitted to the FHWA for approval prior to its execution. (b) Srall Purchases. Contracting agencies may use small purchase procedures for the procurement of engineering and design related services when the contract cost does not exceed $15,000. (c) Noncompetitive negotiation. Noncompetitive negotiation may be used to obtain engineering and design related sanric:as when the award of a contract is not feasible under small purchase lj or competitive negotiation procedures. The contracting agency shall submit justification and receive approval from the F1WA before using this form of contracting when Federal-aid highway funds are used in the contract. (1)• Circumstances under which a contract may be awarded by noncompetitive negotiation are limited to the following: (i) The service is available only from a single source, or (ii) There is an emergency vhi'ch will not pe::mit the time 1 necessary to conduct :ompetitive negotiations, or 1 (iii) After solicitation of a number of sources is determined inadequate. competition { (2) The contracting agency shall comply with the following procedures for noncompetitive negotiations: -IN (i) Establish a process to determine whin noncompetitive negotiation will be used, (ii) Develop an rdequate scope of work, evaluation factory and cost estimate as re~jvircwl in paragraph (a) (1) of this section, (ii!) Conduct negotiations as required in paragraph (a) (4) of this section, and Y i • (iv) Svbmmittthe proposed contract and cost estimate to %he MA for approval. 0 • Sec. 172.9 Compensation. (a) Contracting agencies may establish cost principles for determining the reasciableness and allowability of costs. Federal reimbursement shall be limited to the federal share of the costs allowable under the cost principles in 48 CFR 31 7 21 1 I c 32 x 1 . s ' o FEDERAL-AID POLICY GUIDE . December 9, 1991, Transmittal 1 23 CFR 172 (Federal Acquisition Regulatiol:s). Any references included in 48 CFR 31 to other parts of 48 CFR do not apply to these contracts. (b) Applicable cost principles shall be referenced in each contractual document. (c) Methods of payment. (1) The method of payment to compensate the consultant for all r' work required shall be set forth in the original contract and in any contract modifications thereto. It may be a single method for all work or may involve different methods for different elements of work. The methods of *payment which shr"l be used are: lump sum, cost plus fixed fee, cost per unit of work or specific rates of compensation. Compensatis.n based on cost plus a percentage of cost or percentage of construction cost shall not be used. (3) when the method of payment is other than a lump sum, the contract shall specify a maximum amount payable which shall not be exceeded unless adjusted by a contract ;modification. (4) The lump sum method shall not be used to compensate a consultant for construction engineering and inspection services except when the agency lvls established the extent, scope, complexity, character and duration of the work to be required to a degree that fair and reasonable compensation including a fixed fee can be determined. j 1 (d) Fixed fees. 1 . (1) The determination of the amount of the fired fee shall take into account the site, complexity, duration, and degree of risk involved in the work. The establishment of the fixed fee shall be project specific. (2) Fixed fees normally range from 6 to 15 percent of the total , direct and indirect cost. Subject to the approval of the.FHWA, a fixed fee over 15 percent may be justified when exceptional 0 circumstances exist. 0 Secs 172.11 Contract modificatione. (a) Contract modifications are required for any modification in the terns of the original contract that change the cost of the contract; significantly change the character, scope, complexity, 8 22 32 X El MOONS i aawaraa , O i i i I ' I FEDERAL-AID POLICY GUIDE December 9, 1991, Transmittal 1 .23 CF$ 1:2 of duration of the work, or significantly change the conditions under which the work is required to be performed. j (b) A contract modification shall clearly outline the changes made and determine a method of compensation. FMA approval of contract modifications shall be obtained prior to beginning the work except as discussed in paragraph (d) of this section. (c) overruns in the costs of the work shall not warrant an increase in the fixed fee portion of a cost plus fixed fee eontracte Significant changes to the Scope of Work may require i adjustment of the fixed fee portion in a cost plus fixed fee contract or in a loop sum contract. (d) In unusual circumstances, the consultant may be authorized ' to proceed with work prior to agreement on the amount of i compensation and execution of the contract modification, provided the F1fFiA has previously approved the work and has concurred that additional compensation is warranted. ' See. 172.13 honitoring the contract work. (a) A public employee qualified to ensure that the work being pursued is complete, accurate and consistent with the texas, conditions, and specifications of the contract shall•rg in responsible charge of each contract or project. The employee's responsibilities includes (1) scheduling and attending progress meetings with the consultant and being involved in decisions leading to change orders or supplemental agreements, . (2) Being familiar with the qualifications and responsibilities of the consultant's staff, (3) Visiting the project and/or consultant's offices on a frequency that is commensurate with the magnitude, complexity and type of work. This includes being aware of the day-today operations for constructleon Engineering Service contracts, and (4) Assuring that casts billed are consistent with the acceptability and progresssof the consultant's work. o o 0 (b) A final performance evaluation report, except for contracts awarded under small purchase procedures shall be prepared by the public employee in responsible charge of the contract and shall be submitted to the State highway agency's contracting office. The report should include, but not be limited to, an evaluation of such items as timely completion of 9 73 ..y-, 7• sell ~~~r~~ ~.r 1 f+a JAL • i~ ~~,j}y F 32X t 0 Starr p Wr97#9 I 7 I FEDERAL-AID POLICY fMIDE December 9, 1991, Transmittal 1 23 CFR 172 work, conformance with contract cost and the quality of work.. A j copy of the report shall be sent to the firm for its review &Wor comments and any written comments submitted to the contracting agency by the firm shall be attached to the final report. ti (c) Contracting agencies should include a clause in engineering contracts requiring the consultant to perform such additional work as may be necessary to oorr*ct errors in the work required under the contract without undue-delays and without additional cost to the owner. However, in general, a consultant should not be held responsible for :additional costs in subsequent I, related construction resulving from errors or omissions which are not a result of gross nbgliya_nce or carelessness. sec. 172.15 Alternate procedures. (a) This is a process vhereby the contracting agency can be authorized to substitute its contract review and approval actions for those of the FM. Before a contracting agency can operate under the alternate procedures concept, it shall submit procedures to the FHNA that include the following: 1 (1) A formal request to operate under the alternate procedure Concept. (2) The written procedures, as .•egnired by Sec. 172.8(b) of this part, it will follow, and 'I A statement signed by the chief administrative officer of the contracting agency certifying that it will conform with its .written procedures, the provisions of this regulation, and all, applicable Federal and State laws and administrative I requirement:;. 0 (b) The alternate procedures and all revisions shall be . approved by the FHWA. (c) The alternate procedures concept may apply Co all Federal- aid highway funded contracts. (d) A copy of the original executed contract and all contract 0 modifications shall be submitted to the FHHA. £ • 1 J~4 10 24 32 x MAN o tfJ:ba 1t044b ft1HI1181 LIW k" JdV obl] MI. Ar w~ rEMOaANDVM TO: Austin Office DATE: 5-7-93 D-1STE, Joke Thornton, P.E. FRUN: Leroy J. Yellen, P.E. ORIGINATING OFFICES SUDJECT: Re-Narrenting Signals District 1S on CHAQ ProSects ' Transportation operations The City of Dallas is improving traffic signals with CHAQ funds na 837 intersections. The first group of 150 intersections will using done icle r volumes account Inst d of the full blown warrant warrants studies, daily vehicle The warrant information for minimum vehicle volume and interruption of traffic shown below is based on TMOTCD volumes being 5.52 of the ADT. TRAFFIC SIGNAL 'SA ANT USING DAILY VOLUMES sunder 60 mth on valor street 14tiber of Ines Minimum Veh:culse,Y amT xncerrt.mtion of Ireffic Major minor 'or Minor Hs o nor 1 1 9,090 2,727 13,636 1,363 Z or more 1 10.909 2,727 16,363 1,363 2 or more 2 or more 10,909 3,636 16,363 1,818 1 2 or more 9,090 31636 13,636 1,818 6 iRAfFIC SIGNAL I, US NC DAI,OLVMES (over 4 mm os sa sE pcrset Number of Lanes ninu_ icul Voluaes into v cio Traffic He or Minor Ha o i or r minor in Mijo 1 1 6,363 1,909 9,545 945 67 2 or more 1 7,636 14909 110454 945 p 2 or mor: 2 or more 7,636 2,545 11,454 1,272 1 1 or enra 6,363 2.545 9,545 1,272 Miase advise if this is satisfactory in order to update traffic signals especially on off syncr.m intersections. i 25 10 32xI~ INllfp~a~o! ~ ' ~ ~ r~ . e x 0 FEDERAL-AID POLICY GUIDE December 9,,1991, Transmittal 1 23 CFR 172 OPI: HEP-10 SUBCEAPTBR B - PAYMENT PROCEDCRES PMT 172 - ADMINISTRATION OF EN03:N=RING AND DESIGN RELATED SERVICE OONTRACI'S Sec. 172.1 Purpose and applicability. 172.3 Definitions. 172.5 General principles. 172.7 Methods of procurement. 172.9 Compensation. 172.11 Contract modifications. 172.13 Monitoring the contract work. 172.15 Alternate procedures. Authority: 23 U.S.C. 112(b), 114(a), 302, 315, and 402; 23 CFii 27; 48 CM 12 and 31; 49 CFR 1.48(b); 49 CFR 18; 41 U.S.C. 253 and 259. Source: 56 FR 19802, April 30, 1991, unless otherwise noted. Sec. 172.1 Purpose and applicability. (a) To prescribe policies and procedures for contracting to ensure that a qualified consultv,r,; is obtained through an equitable selection process, and that prescribed work is properly accomplished in a tlaely mans;, at a reasonable cost. (b) This regulation applies to all engineering and design related service contracts financed with Federal-aid highway funds. Agencies with approved Certification Acceptance Plans { (CA), Secondary Road Plans (SRP) and/or Combined Road Plans (CRP) B shall submit for the Federal Highway Administration's (MA) approval, procedures consistent with this regulation if they intend to utilise Federal-aid highway funds for any of the above contract types. The use of procedures codified in State statutes to select consultant firms is also acs-otable. Other types of 1 negotiated contracts should be administar'ed under the requirements of the common grant management rule, 49 CM 16. 0 Sec- 17243 Definitions. e ' (a) ~o petitive negotiation. Any form of negotiations that utilizes, (i} qualifications-rased procedures complying with Title I% of the Federal Property and Administrative Services Act of 1949 (Pub. L. 92-562, 86 Stat. 1278 (1972)), (2) equivalent 1 26 3 2 0 wr.~ U M FEDERAL-AID POLICY GUIDE December 9, 1991,• Transmittal 1 23 CFR 172 state Valifieations-based procedures or (3) a formal procedure permitted by State statute. (b) Consultant:. The individual or firm providing engineering and design related services as a party to the contract. (c) contra modification. An agreement modifying the existirg contract, such as an agreement to accomplish work beyond the scope of the original contract. (d) contracting acencst. The State highway agency or it,al governmental agencies which have responsibility for the procurement. (e) Engineer n(t and design services. Contracts for project management, construction management and inspection, feasibility studies, preliminary engineering, design engineering, design, engineering, surveying, mapping and architectural related services. (f) Extra work. Any services or actions rewired of the 1 consultant above and beyond the obligations of the original or modified contract. (g) Fixed fee. A dollar amount established to cover the consultant's profit and business expenses not allocable to overhead. (b) kr=aotiation agdit. An examination of a consultant's records made in accordance with generally accepted auditing standards. (i) Scone of work. All services and actions required of the consultant by the obligations of the contract. ♦ Soo. 172.5 General principles. (a) geed for consultant services in'manggenent role, When Federal-aid highway funds participate in tha contract, the contracting agency shall receive approval from the FMA before hiring a consultant to act in a "management" role for the ♦ contracting agency. This concept should be limited to situations wh-re unique or unusual circumstances exist and where the p contracting agency has provided adequate justification to explain its reason for using a-consultant in this role and the reason it cannot Perform the work. (b) written Rrocedutes. The contracting agency shall prepare written procedures for each method of procurement A proposes to 2 27 32 X w • 0 FEDERAL-AID POLICY GUIDE December 9, 1991, Transmittal 1 23 CFR 172 utilise. These procedures and all revisions shall be approved by the FHRA and describe, as appropriate to the particular method of procurement, each step used: (1) In preparing a scope of work, evaluation factors and cost astimate for selecting a consultant, (2) In soliciting proposals from prospective consultants, (3) In the evaluation of proposals and the ranking/selection of a consultant, (4) In negotiation of the reimbursement to be paid to the selected consultant, - (5) In monitoring the consultants work and in preparing a consultant's performance evaluation when completed, and ,(6) In deterainLtig the extent to which the consultant, who is responsible for the professional quality, technical accuracy, and coordination of services, may be reasonably liable for costs resulting from errors or deficiencies in design furnished under its contract. (c) nrenea iation ■ydjt , The contracting agencies shall prepare prenegotiation auditx to provide the necessary data to assure that the consultant has an acceptable accounting system, adequate and proper Justification of the various ratea charged to perform work and is aware of the MA's cost eligibility and documentation requirements. (1) - Prenegotiation audits and the resultant audit opinions are i required for all contracts expected to exceed $250,000 and for contracts of less than $250,000 wherel 0 There iv insufficient knowledge of the consultant's accounting system, (11) There is previous unfavorable experience regarding the ~ reliability of the consultant's accounting system, or (iii) The contract involves procurement of nos, equipment or supplies for which cost experience is lacking. qr° (2) The use of an independent audit, an audit performed by another State/Federal agency or an audit performed by another local governmental ager•cy is acceptable if the information is current and of sufficient detail. 3 28 14 32 x 9 ''A 0 l . I • 1 h FEDERAL-AID POLICY GUIDE December 9, 1991,'Transmittal'1 23 CFR 172 (3) Prenegotiation audits may be waived when sufficient audited consultant data is available to permit reasonable comparisons with the cost proposal. (d) State respon bilit,y in local agency contracts;. The State highway agency shall ensure that procurement actions by or through other State agencies or local agencies comply with this: s-egulation. when Federal-aid highway funds participate in the ' contract, a local agency shall use the same procedures as used by the State to administer contracts not under CA, the SRP or the CRP. These contracts shall be subject to the prior approval of the State highway agency and the FWA. Nothing herein shall be taken as relieving the State of its responsibility under Federal- aid highway laws and regulations for the work to be. performed under any agreements entered into by a local agency. (e) Disadvantaged Business fnteror se.(DOM program. The contracting agency shall give consideration to DOE firms in the pracurement of engineering and design related servia± contracts subject: to 23 U.S.C. 112(b)(2). (f) Contractual rMMMaibilitieg. The contracting agency or State highway agency shall be responsible for the settlement of all contractual/administrative issues. 'All settlements shall ba reviewed aad approved by tbo Ff3PA before Vederal-aid highway funds can participate in any additional costa. Soo. 172.7 !Methods of procurement. This regulation addresses three methods of procurement for the hiring of consultants to perform engineering and design related services specified in 23 U.S.C. 212(b)(2). Theca nathods are: competitive negotiations which follows qualifications-based selection procedures or another selection procedure permitted by State statutest small purchase procedures for small dollar value contracts: and non-competitive negotiations where specific . conditions exist allowing negotiations to take place with a single firm. (a) ~smpetitive negotiation. Competitive negotiation should be used for the selection of a consultant to provide engineering and design related services. The following procedures shall 0 apply to the c,impetitive,negotiation process: O (1) Scope, e~aluatJoB''factors and cost estimate development. ~lof The contracting agency shall prepare: (i) A scope of work before issuing a Request for Proposal that reflects a clear, accurate, and detailed description of the 4 29 f irt~f 32 x a i tlelosAl y 0 I ' r OFF-SYSTEM PROJEOT LOOATlONS 011V OF DALLAS PRIORITY ISTV. 1006 Nr NlwoAn OFF-SYSTEM OFF-SYSTEM 1 wim MNaA wAM mum wm wAm mw" WAaAW =Rr 11-IIWdI I MAO K >e w 014i, A 1 1 ! 111 1111 1 1 I1-MW-11 / NtAlIK 11 410 w 1 1 till Ua I 1 1 11-MW-II UTAIN UWA NIA Oft I 1 0, ffg)fv!~M la 1 1 S 11! 1 1 1 Ilal N 1 1 ' 11 -map-is f wo ail 0 1 M MAM 11111 I I Nil I 1 1 1hn /la I 1 1 !I-MW-10 1lvrooo fat 1 f 1a ! • 1N1 11 1 1 atilt IIOf s 1 0 II-MW-10 0 1117! 1 IS w 11a0 1 1 Na 11 1 ! Ilea IHI 1! f N-MW!1 •:711 /►AtN.: Ia Inl 1 11 /l y 11 1 1 I1211 1111 1 11 it 1 MRTILOA aM 1 1 41 M Ai 1101 1 1 A 1H A 1 !NI 111 1 A f1OA u11 1 It FSOWOW 074 N IOn 1 1 1 NU N!f 1 I I ; t0 MAfILOA NM 1 ! 1 110 IOW 0 ! I I 1 t 1 1 IOa llx I , -r H !1-AIW•a MIDWA as ! 1 1 1 1 11 M N 1 1 / 1!a I 1 1! 11• •li WAY IIIa 1 N ' ' 1 10 N 1 Ia N10 f0 t•MW-11 MWAIW f1a 0, 1a 1 1 ism Ia 1 11 11-11W-N IIIff !Oa ' 11 4111 1 1 141,26 11 1 11 -1 -9 ATAN"ll It" C 21 A- 11 !I•MW•1 MONM1 11M 1 wwm mu am 1 1 1 1 Nat 111 i1 ~ft II 11-MW-11 0 f 1 N PAW O 0 ! N 1101 N 1 1 /11 1 ! it It-MW.// AS, 1 1 wdi Ia t I a 1 1 t MI 1 1 4am 1 • 1 u I-MW-fI KRMI A p 1 1 1 0 NI ! 1101 1 1 -Mu- ! A xl 1 1 r. ` I 0 1 1 a 75 10 32x~❑ ~i `e • S , rum% " q ON-SYSTEM PROJEOT LOAATIONS CITY OF OALLAS t PRIORITY ISTEA 1006 t rN? NtwoeTt ON-SYSTEM ON-SYSTEM ure a wv twee lsuee M"m wmoe "A MW" M M f ~ n-em-n eucroku oar sons e u euwa► tsa < ~ 1 ~ soas ssa ~ s i r 4 M I I . r , `AIM •r l )i mom MUM r J ,Q Lr Y F r; r 1 r .~+«a -iRf , DAP ,7k. r. •W++rwwr+..:1 + Trlfric Slgoal Controller ad Cabinet [rDlE AIM H" 77 (Elm ad Locust) NORTHBOUND HWY 77 a4cm) at Sycamore Stroet HWY 77 (Locua) at tnckay Street HWY 77 (Locust) at Oak Stmet HWY 77 (Locust) at McKinney Stmc HWY 77 (Locust) a Parkway Stmt SOU'I'IIPOM HWY 77 (Elm) at Parkway Stmct HWY 77 (Elm) at McKinney Strcot i HWY 77 (Elm) AL Oak Stmt i H" 77 (Elm) at Hickory Stmt I N WY 77 (Elm) at Sycamore Stmt I r r ~ r Y r L`( 5 9 'l ' y t ^ v 32 sP y' ry 3 ' o . r EXHIBIT m C" TmMe Sigoat Controller Upgrade Hwy 77 (Elm and Locust) At Sycamore, Hckory, Oak, P'. Xinney and Parkway Denton, Texas t Cabinct and Controller (PEEx SC3000) ElmlSycamore S 830000 S 8300.00 1 Detector Card 1® 500.00 500.00 i / i ElmVfickory &Oak 8300.00 8300.00 Detector Card 2 ® 300.00 1000.00 Elm\McKinney j Detector Card I @ 8500.00 8300.00 300.00 EtmVukny 8300.00 830P.00 ~y hector Card to 300.00 $00.00 L«ustl.Sycamore 8300.00 Detector Card I Q 300.00 8:100.00 5,0.00 LocustVGckoty dr. Oak 4300.00 Detector Card 2® 500.00 300.00 LocustUcKinney 8300.00 8300.00 Detector Card I ® 300.00 500.00 LocuulPark%v 8300.00 8300.00 Detector Card I @ MOM SoO.oo Misc. Concrete Work Rctrofit existing base 4 @ 500.00 2000.00 Misc. Electrical Connectors 300.00 3W.00 Labor i Director t0@ 38.02 380.20 Transponation Manager 30 @ 23.49 704.70 Trallie Signal Tech 11 100® 17.95 1793.00 Traffic Signal Tech tI 100@ 12.97 1297.00 Traft Signal Tech j 50 ® 11.58 379.00 • Traffic Signal Tech t 50 @ 1158 579.00 Consultant Traffic Engineer too@ 75.00 TOTAL S 86,0 4 33 10 32X sicLLr~ _ _ r\,N~11ryt,10.Wr WewntTCin,rcr,1N 11Wrlehr I j ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE FURNISHING AND INSTALLING OF SRAFFIC SIGNALS BY A MUNICIPALITY PER MINUTE ORDER 102542; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Manager is hereby authorized to execute a Congestion Mitigation and Air Quality Improvements Agreement between the City of Denton and the Texas Department of Transpoitation for the famishing and installing of traffic signals by a municipality per Minute Order 102542 and the City is authorized to participate in the development and construction of the project as set forth in the Agrcement, a copy of which is arached hereto and im rporated by reference herein. SECTION 11, Thet the City Council hereby authoizes the expenditure of funds ar provided in the Agreement. SECTION III. That this ordinance sh;11 become efTective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1498. i JACK MILLER, MAYOR A All EST: JENNIFER WALTERS. CITY SECRETARY 4 BY: S A.% PROVED AS TO LEGAL FORM O HLRBERT L. PROUTY, CITY ATTORNEY BY:_fl' 34 7.5•'10 32x10' 0 kentla qe/m~.J Date- AGENDA INFORMATION SHEET AGENDA DATE: December 8 , 15+98 DEPARTMENT: Fiscal Management and Municipal Services ACM: Kathy DuBol SUBJECT CONSIDER AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND HOTEL OCCUPANCY TAX RECIPIENTS; A. GREATER DENTON ARTS COUNCIL (3 YEAR CONTRACT) B. DENTON CHAMBER OF COMMERCE (3 YEAR CONTRACT) C. DENTON HOLIDAY FESTIVAL ASSOC. D. DENTON COMMUNITY THEATRE, INC. E. NORTH TEXAS STATE FAIR (3 YEAR CONTRACT) F. DENTON FESTIVAL FOUNDATION C. TEJAS STORYTELLING ASSOCIATION H. DENTON BLACK CHAMBER OF COMMERCE 1. DENTON HISPANIC CHAMBER OF COMMERCE J. DENTON COUNTY COURTHOUSE-ON- i'HE-SQUARE MUSEUM K. THE SCHOLARS PHAIR FOUNDATION L. THE DENTON COUNTY HISTORICAL COMMISSION M. THE DENTON COUNTY HISTORICAL FOUNDATION, INC. BACKGROUND i The revenue derived from the Hotel Occupant) Tax (HOT) will assist fourteen local agencies in the promotion of local tourism. The attached contracts incorporate each entity's associated budget, reporting format, and include several new program requirements and terms as recommended by the HOT Cornmittce and city staff. The • changes to the ^ontracts are as follows: i • All funds iot spent by December 31, 1999 according to the approved budget, which is mcorporated into each contract, must be refunded to the City within thirty (30) days. • • All hotel tax funds paid by the 0y must be held in a separate bank account. A rp • L. bank reconciliatiot r"ri will be required with each quarterly report. i • All hotel tax funds are required to be classified as restricted funds for audited 1 i i b 0 i i financial purposes and may not be used for supporting services. I • A financial record of each expenditure shall be made available for inspection and review. All financial records and any other records relating to the agreement shall be subject to the Public Information Act • Either party may terminate the contract by giving the other party sixty (60) days advance written notice. • The contract term commences o- January 1, 1999 and terminates at midnight on December 31, 1999. Three agencies will have a three-year contract commencing on January I, 1999 and terminating at midnight on December 31, 2001. These agencies include the Convention and Visitor's Bureau, the Greater Denton Arts Council and the North Texas State Fair Association. Agencies with funding of more than $10,000 viii receive quarterly payments equal to 25% of the f xed contract amount unless the City can show reasonable certainly fiat the annual base reveaue amount will he less than originally estimated for .;ie fiscal year. In that case, the fourth quarter payment will be adjusted accordingly. Agencies with funding less than $10,(00 will receive payments equal to the fixed contract amount and will not be subject to a percentage of the base collection amount. The fixed contract amount will be advanced to the recipient in no more than two equal payments as specified by the agency. For those agencies with 3-year contracts, ftinding for calendar years 2000 and 2001 is depende;it upon and subject to City Council approval of each entity's proposed budget. Upon budget approval, the budgeted annual payment for calendar years 2000 and 2001 are subject to an annual escalation of not more 1 than four (4) parcent. 1 Ihese changes should assist both the City and the local agencies in facilitating the Hotel Occupancy Program more efficiently and effectively. PRIOR ACTION/REVIEIV I The HOT Committee reviewed all applications and recommended to City Council allocations ' ) various Denton agencies. Council reviewed the recommendations in Work • Session on AuFil" 21, 1998 and instructed staff to extend current contracts through p December 1998 and incorporate the above changes in contracts to begin January 1, 1999. i On Septer,ber 15, 1998, City Council approved the contract extensions through December 1998. 2 Ir' t,r • I rsc , G 1 ,aarcxcv r FISCAL INFOBMATIQN City Council approved allocation of $962,377 of NOT Funds for FY 1998.1999, Respectfully submitted; l~l lax c~ Mh, Diana Ortiz Director, Fiscal Operations + t♦ 1 1..1 i ' I Y 1 r 1. Z.~ 10 5 3Gx10 r c i I M ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE GREATER DENTON ARTS COUNCIL FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF PENTON HEREBYORDAINS: SECTION I. That the Mayor is hereby authorized to execute an agreement between the City of Denton and The Greater Denton Arts Council for the payment and use of hotel tax revenue, under the terms and conditions contained in the agreement, a copy of which is attached hereto and made a part hereof. SECTION II. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVCD this the day of ` 1998, II JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, a Y SECRETARY t BY: APPROVED AS TO LEGAL FOW: E HERBER'r L. PROUTY, CITY ATTORNEY B - to k 4 I~ , i' y «~iV1 a~ ~.t4 7 r} X 32x' 7 2 x' 0 1 0 r I , f~ I r I I AGREEMENT BETWEEN THE CITY OF DENTON AND GREATER DENTON ARTS COUNCIL (CY1999.2001) PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE THIS AGREEMENT made between the City of Denton, Texas, a municipal corporation (the "CITY'), and the Greater Denton Arts Council, a non-profit corporation incorporated under th, laws of the State of Texas (the "COUNCIL"), WHEREAS, Tex. Tax Code §351.002 authorizes the CITY to levy by ordinance a municipal hotel occupancy tax ("hotel tax') not exceeding wen percent (7%) of the consideration paid by a hotel occupant; and I WHEREAS, by ordinance, the CITY has provided for the assessment and collection of a municipal hotel occupancy tax in the City of Denton of seven percent (7%); and WHEREAS, Tex. Tax Code §351:101(a) authorizes the CITY to use revenue from its municipal hotel occupancy tax to promote tourism and the convention and hotel industry by advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity, and the encouragement, promotion, improvement, and application of the arts including instrumental and vocal music, dance, drama, folk ' art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic and craft ar% motion pictures, radio, television, tape and sound recording, and other arts related to the presentation, performance, execution, and exhibition of these major art forms; and I WHEREAS, the COUNCIL is well equipped to perform those activities; and WHEREAS, Tex. Tax. Code §35L101(c) authorizes the CITY to delegate by contract with t the COUNCIL, as an independent entity, the management and supervision of programs and activities of the type described hereinabove funded with revenue from the municipal hole[ occupancytax; NOW, THEREFORE, in consideration of the performance of the mutual covenants and r promises contained herein, the CITY and the COUNCIL agree and contract as follows, I. HOTEL TAX REVENUE. PAYMENT 1 rl Consideration. For and in consideration of the activities to be performed by the COUNCIL under this Agreement, the CITY agrees to pay to the COUNCIL a portion of the hotel lax revenue collccled by the CITY at the rates and in the manner spt:ified herein (such payments by the CITY to the COUNCIL sometimes herein referred to as the "agreed payments" ou 'hotel tax fun(s 1 r2 Amount of Pa} mentsr O (a) As used in this Agreement, the following terms shall have the following specific meanings: 5 10 32XIO v 0 (i) The term "hotel tax revenue" shall mean the gross monies collected and received by the City r municipal hotel occupancy tax at the rate of seven percent (7%) of the price paid for a room in a hotel, pursuant to Texas Tax Code 351.002 and Ciry Ordinance. Hotel tax revenue well include penalty and interest related to the late payments of the tax revenue by the taxpayer. (ii) The term "Collection period" will mean the collection period for the CITY's fiscal year. It will include hotel tax revenue due to the Ciry for the relevant fiscal year and collected through the 22nd day ofthe month following the close of the relevant fiscal year. (iii) The term 'base payment amount" shall mean a net amount of money equal to the total hotel tax revenue collected by the CITY during any relevant per;od of time (te, fiscal year or fiscal quarter), less (1) attorney and auditing costs incurred during such relevant period of time for costs of collection or auditing of hotel taxpayers. Attorney and auditing costs include fees paid to attorneys or agents not in the regular employ of the CITY for which attorneys or agents effect compliance or collection of the hotel tax from taxpayers; and (2) court costs and other expenses incurred in litigation against or auditing of such taxpayers. (iv) The term "contract quarter" shall refer to any quarter of the calendar year in which this A eement is in force. Contract quarters will end on March 31", June 3e, September 30'',, and December 31" of each contract year. (b) In r0um for satisfactory performance of the activities set forth in this Agreement and ail attachments hereto, the CITY shall pay to COUNCIL an amount of money in each contract year equal to the lesser amount of: Thirteen and Twenty-Eight One hundredths percent (13.28%) of the annual base payment amount or the fixed contract amount of One Hundred Ten Thousand Two Hundred Ninety-eight Dollars (S 110,298), This amount will be divided into quarterly payments equal to 25% of the annual fixed contract amount, unless the CITY can show with reasonable certainty that the annual base payment amount will be less than originally estimated for the fiscal year, The fourth quarterly payment will represent 25% of the fixed contract amount or the unpaid remainder of 13,28% of the base payment amount, whichever is less, Each quarterly payment is subject to receipt of unused funds from the prior contract period and the receipt of the required quarterly reports. Finding for calendar year 2000 and calendar year I 2001 is dependent upon, and subject to, budget approval by the City Council for those periods. Upor, and subject to, budget approval, the budgeted annual payment for calendar years 2000 and 2001 are subject to an annual escalation of not more than 4%. I 0 1.3 Dat !s of Payments. , (a) The term "gmarterly payments" shall me,:,~ payments by the CITY to the COUNCIL of 0 those amounts specified in' 1,2, above, as determined by the hotel tax revenue collected. (b) Each quarterly payment shall be paid upon receipt of the required reports and after the 25'" day following the last day of the contract quarter. If quarterly financial and performance reports are rat received within thirty (30) days of the end of the applicable contract quarter, the recipient may be held in breach of this Agreement, The CITY may withhold the quarterly Page 2 6 s 25IC] 32x10 0 i i payment(s) until the appropriate reports are received and approved, which approval shall not unreasonably be withheld. 1.4 Other limitations regarding consideration. ' (a) The funding of this project in no way commits the CITY to future funding of this program beyond the current contract period. Any future funding is solely the responsibility of the COUNCIL. (b) It is expressly understood that this contract in no way obligates the General Fund or any other monies or credits of the CITY. Further, COUNCIL understands that funding for the CY2000 and CY 2001 years is expressly contingent upon the availability and allocation of budgeted hotel tax funds during CCIY's FY1999.2000 and FY2000-2001 budget years, respectively. (c) CI''Y may withhold further allocations if CITY determines that COUNCIL's expenditures deviate materially from their approved budget. IL USE OF HOTEL TAX REVENUE 2.1 Use of Funds. For and in consideration of the payment by the CITY to the COUNCIL of the agreed payments of hotel tax funds specified above, the COUNCIL agrees to use such hotel tax funds only for advertising and conducting solicitations and promotional prugrams to attract tourists and convention delegates or registrants to the municipality or its vicinity by the encouragement, promotion, improvement, and application of the etas including instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio, television, tape and sound recording, and other arts related to the presentation, performance, execution, and exhibition of these major art forms; as authorized by TEX. TAX CODE 4351.101(a) (3) & (4), Funds for any calendar year which are unused by midnight December 31" of that year shall be refunded to CITY within thirty (30) days. 2.2 Administrative Costs. The hotel tax funds received from the CITY by the COUNCIL maybe spent for day-to-day operations, supplies, salaries, office rental, travel expenses, and other administrative costs that are incurred directly in the performance by the COUNCIL of those activities specified in J2.1 above and are allowed by Tex. Tex CODE 4351.101(!), 2.3 Specific Restrictions o-i Use of Funds. (a) That portion of total administrative costs of the COUNCIL for which hotel tax funds lay be used shall not exceed that portion of die COUNCIL's administrative costs actually incurred in conducting the activities specified in 12.1 above. 1D (b) Hotel tax funds may not be spent ;or travel for a person to attend an event or conduct tit activity the primary purpose of which is no, it tcdy related to the promotion of local tourism and the convention and hotel industry or the pcrr'-.mance of the person's job in an efficient and professional manner, Page 3 2 7k10 32x10 e I i i III. RECORDKEEPING AND REPORTING REQUIREMENTS 3.1 Budget. (a) The COUNCIL shall prepare and submit to the City Manager of the CITY an annual budget (see Exhibit "A") as approved by the City Council for each calendar year, for such operations of the COUNCIL in which the hotel tax funds shall be used by the COUNCIL. This budget shall specifically identify proposed expenditures of hotel tax funds by the COUNCIL. In other words, the CITY should be able to audit specifically where the funds in the separate account relating to hotel tax funds will be expended. The CITY shall not pay to the COUNCIL any hotel tax revenues as set forth in Section 1 of this contract during any fiscal year of this Agreement unless a budget for such respective fiscal year has been approved in writing by the Denton City Council authorizing the expenditure of funds. Failure to submit an annual budget may be considered a breach of contract, and if not remedied is considered grounds for termination of this Agreement as stated in paragraph 41. (b) The COUNCIL, acknowledges that the approval of such budget by the Denton City Council creates a fiduciary duty in the COUNCIL with respect to the hotel tax funds paid by the CITY to the COUNCIL under this Agreement. The COUNCF shall expend hotel tax funds only in the manner and for the purposes specified in this Agreement, TEX. TAX CODE §351.101(a) and in the budget as approved by the CITY. 3.2 Separate Accouals. The COUNCIL shall maintain any hotel tax funds paid to the COUNCIL by the CITY in a separate bank account with segregated accounting, such that any reasonable person can review the source of expenditures of tax funds. A bank reconciliation report tsce Exhibit "B") is required with each quarterly report. 3.3 Financial Records. The COUNCIL, shall maintain complete and accurate financial records of each expenditure of the hotel tax funds made by the COUNCIL, Thee funds are required to be classified as restricted funds for audited financial purposes, and may not be used for supporting services, including, but not limited to, auditing fees and attorney's fees, Upon reasonably advance written request of the Denton City Council, the City Manager or designate, or any other person, shall make such financial records available for inspection and review by the party making the request. COUNCIL understands and accepts that all such financial records, and any other records relating to this Agreemcnt shall be subject to the Public Information Act, TEX. Gov'T CODE, ch. 552, as hereafter amended. 3.4 Quarterly Reports, Within thirty days after the end of every contract quarter, COUNCIL shall furnish to CITY: (1) a pcrformrnce report of the work performed under this Agreement describing the activities performed purr Cant to this Agreement during that contract gL*Aer, and (2) a list of the expendituea made with regard to hotel tax funds pursuant to Tt\. TAX CODE §351.101(c). Both the performance and a%penditure reports will be in a form either determined or approved by the City Manager or designate (see Exhibit "B"). The COUNCIL shall respond promptly to any request from the City Manager of the CITY, or designate, for additional information relating to the activities performed under this Agreement. Page 8 32y:Io NAN 0 I 3.5 Notice of Meetings. The COUNCIL shall give the City Manager of the CITY reasonable advance written notice of the time and place of all meetings of COUNCIL's Board of Directors, as well as any other meeting of any constituency of the COUNCIL at which this Agreement or any matter the subject of this Agreement shall be considered. This provision shall not be deemed to require the COUNCIL to give notice of any executive session of the Executive Committee of the COUNCIL. IV, TEMI AND TEMIINATION 4.1 Term. The term of this Agreement shall commence on January 1, 1999 and terminate at midnight on December 31, 2001. This temi shall be a period of three years. 4.2 Termination Without Cause, (a) This Agreement may be tenninated by either parry, with or without cause, by giving the other party sixty (60) days advance written notice. (b) In the event thi; contract is terminated by either party pursuant to Section 4.2(a), the CITY agrees to reimburse the COUNCIL for any contractual obligations of the COUNCIL undertaken by the COUNCIL in satisfactory performance of those activities specified in g12.1 and 2.2 above and that were approved by the Council through the budget, as noted in 13.1. This ) reimbursement is conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in J12.1 and 2.2 above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement, Notwithstanding any provision hereof to the contrary, the obligation of the CITY to reimburse the COUNCIL or to assume the performance of any contractual obligations of the COUNCIL for or under any contract entered into by the COUNCIL as contemplated herein shall not exceed 66 213%of the current quarterly payment. (c) Further, upon termination pursuant to 54.2(a), the COUNCIL will provide the CITY: 1) Within 10 business days from the termination notification, a short-term budget of probable expenditures for the remaining 60 day period between termination notification and contract termination. This budget will be presented to Council for approval within 10 business days after receipt by CITY. If formal approval is not given within 10 business days and the O budget does not contain any expenditures that would be prohibited by the Texas Tax Code, and is within the current contractual period approved budget; the budget will be considered approved; 2) Within 30 days, a full accounting of all expenditures not previously audited by the City; 3) Within 5 business days of a request from the CITY, a listing of expenditures that have occurred since the last required reporting period; 4) a final accounting of all expenditures rnd lax funds on the driv of terminatio t. The COUNCIL will be obligated to return any unused 6 nds or funds determin:•d to be used improperly. Any use of remaining funds by the COUNCIL after notification of'.ermination is conditioned upon such contractual obligation., having been incurred 0 0 and entered into in the good faith performance of those services contemplated in 2.1 and 2.2 above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. i Page S 9 ` illft ` xii. ~~MR&MEA SRI ■ o ARM" I I i 4.3 Automatic Termination. This Agreement shall automatically terminate upon the 1 occurrence of any of the following events: j (a) The termination of the legal existence of the COUNCIL; (b) The insolvency of the COUNCIL, the filing of a petition in bankruptcy, either i voluntarily or involuntarily, or an assignment by the COUNCIL for the benefit of creditors; (c) The continuation of a breach of any of the terms or conditions of this Agreement by either the CITY or the COUNCIL for more than thirty (30) days after written notice of such breach is given to the breaching party by the other party; or (d) The failure of the COUNCIL to submit a financial quarterly report which complies with the reporting procedures required herein and generally accepted accounting principles prior to the beginning of the next contract tern, or quarterly as required by Section 13 hereof. 4A Right to Immediate Termination Upon Litigation. Notwithstanding any other provision of this Agreement, to mitigate damages and to preserve evidence and issues for judicial determination, either party shall have the right to terminate this Agreement upon immediate notice to the other party in the event that any person has instituted litigation concerning the activities of the non•tcrminating party, and the terminating party reasonably believes that such activities are required or prohibited under this Agreement. 4.5 In the event that this Agreement is terminated pursuant to yg4.3 or 4.4, COUNCIL agrees to refund any and all unused funds, or funds determined by the CITY to have been used improperly, within 30 days alter termination of this Agreement. V. GENERAL PROVISIONS 5.1 Subcontract for Performance of Services. Nothing in this Agreement shall prohibit, nor be construed to prohibit, the agreement by the COUNCIL with another private entity, person, or organization for the performance of those services described in J2,1 above. In the event that the COUNCIL enters into any arrangement, contractual or otherwise, with such other entity, person or organisation, the COUNCIL shall cause such other entity, person, or organization to adhere to, conform to, and be subject to all provisions, terms, and conditions of this Agreement and to Tex. Tex CODE ch. 351, including reporting requirements, separate funds maintenance, and limitations and prohibitions pertaining to expenditure of the agreed payments and hotel tax funds. 5,2 Independent Contractor. The COUNCIL shall operate as ac independent contractor as to all servic as to be performed under this Agreement and not as an office agent, servant, or employee • of the CITY. Ile COUNCIL si:ali have exclusive control of its operations and performance of services I Neunder, and such persons, entities, or organizations I, ,`e7ning the same and the 0 • COUNCIL shall be solely responsible for the acts and omissions if its directors, officers, employees, agents, and subcontractors. The COUNCIL shall not be considered a partner or joint venturer with the CITY, nor shall the COUNCIL be considered nor in any manner hold itself out as j an agent or official representative of the CITY. j Page 6 t 10 3 2 Y, I [I l~ r ~ I r 0 I 9 4} AIN~Q,Y 5.3 Indemnification. The COUNCIL agrees to indemnify, hold harmless, •,md defend the CITY, its officers, agents, and employees from and against any and all claims or suits for injuries, damage, loss, or liability of whatever kind or character, arising out of or in connection with the performance by the COUNCIL or those services contemplated by this Agreement, including all such claims or causes of action based upon common, constitutional or statutory law, or based, in whole or in part, upon allegations of negligent or intentional acts of COUNCIL, its officers, employees, agents, subcontractors, licensees and invitees. 5.4 Assignment The COUNCIL shall not assign this Agreement without first obtaining the written consent of the CITY. 5.5 Notice. Any notice required to be given under this Agreement or any statute, ordinance, or regulation, shall be effective when given in writing and deposited in the United States mail, certified mail, return receipt requested, or by hand-delivery, addressed to the respective parties as follows: C= COUNCIL i City Manager Greater Denton Arts Council City of Denton Herbert Holl 215 E. McKinney Executive Director Denton, TX 76201 207 S. Bell Denton, Texas 76201 5.6 Inurement This Agreement and each provision hereof, and each and every right, duty, obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation of the CITY and the COUNCIL and their respective successors and assigns. 5.7 Application of Laws. All terms, conditions, and provisions of this Agreement are subject to all applicable federal laws, state laws, the Charter of the City of Denton, all ordinances passed pursuant thereto, and ailjudicial determinations relative thereto. 5.8 Exclusive Agreement, This Agreement contains the entire understanding and constitutes the entire agreement between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or w1itten, express or implied, between or among the parties hereto, relating to the subject matter of this Agreement, which are not fully expressed herein. The terms and conditions of this Agreement shall prevail notwithstanding any variance in this Agreement from the terms and conditions of any other document relating to this transsrtion or these transactions .9 Duplicate Originals, This Agreemen, is executed in c uplicate originals. e 9.1f Headings. The headings and subheadings of the various sections and paragraphs of this , 0 0 Agreement are inserted merely for the purpose of convenience and do not express or imply any limitation, definition, or extension of the specific terms of the section and paragraph so designated. r 5.11 Severabllity. If any section, subsection, paragraph, sentence, clause, phrase or word in this Agreement, or application thereof to any person or circumstance is held invalid by any court of Psge 7 I 1 ii I 'k 32 X r competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Agreement, and the parties hereby declare they would have enacted such remaining portions despite any such invalidity. 5.12 Insurance. The COUNCIL shall, at a minimum, provide insurance as follows: $500,000 Commercial General Liability Statutory Workers' Compensation and Employers' Liability (S 100,000/5500,00015100,000) 5500,000 Business Automobile Liability on any owned, non-owned or hired vehicles The CITY must be named as an additional insured on all policies (except Workers' Compensation) and proof of coverage shall be submitted prior to any payment by the CITY. j EXECUTED this _day of 11998. THE CITY OF DENTON, TEXAS By: JACK MILLER, MAYOR ATTEST: APPROVED AS TO LEGAL FORM:) i Byl JENNIFER WALTERS, / -.-HERBERT L. PROUTY- I CITY SECRETARY C CITYATTORNEY-' GREATER DENTON ARTS COUNCIL 1 ByCiiainnan/Director' ATTEST; APPROVED AS TO LEGAL FORM: r By. By. k O • Secretary f tljtl ~ t V , i M.x+ip LOloY navnneYairararlgl Cu..aocanf a. r , r Page 8 12 , I WIIIDRYIE , i I ! Mom Y" k GD I .r AGO GREATER GDAC Budget Template - IIO f Compliance DENCON CAM ~ FY 98-99 coUt~ v r n Amoun1 arrtD EO BELL oN rK xTOI PHONE t/10) 112It4? Salaries; Admin. Payroll 91,298 FAX 1110! 511 1411 WEE Wife to cam DIKEROK! 10 Kuhn S/ ! Q Yin rmldmu Gunl BAWq ilm Yr r e. 1Y,k rl ~/111lf 1Sf1Q110/1 11,WrnaN(5 Sr,rrury Tnnunl Operating office 8,000 Ward Slrtam lwmrdlM. Fad Facilities/Properties 3,000 fmldr Exhibitions: Pro amsiExhibitiors 9,000 E.,a,. rhuir. ~ 20,000 11"t", San lure Eart, I.Sv lwmn W km Enh'A r V nma"« TOTAL 111,298 Elllaltlh DL o-SM, nr Crvrlr HlAhlill i iane hn unu ; frM Krm,A Gary KI¢M@ cary Mwllrr A , N,,ke November 24. 1998 nUM N,1 M ca"dd duns E.,mnM Redman Note to Lee Ann Bunselmeyee _ Joy SlrRmund MrLnv bm„n urclnlvl Phis modified budget reflects a quarterly interest income DII1ECTl projection of 5250 or SI,000 for the year. 11 is based upon I' ",'4 dl an average balance or 520,000 at 5% interest. The • additional $1,000 has ! ccn allocated to the Administratk e Payroll raising the total from $90, 298 to $91, 298 Picric let me know if you need additional information. A¢ always, thank you for your assistance. • • Executive bireNOr ' 13 , - - - ?.5 32X w, h C 1 GREATER DENTON ARTS COUNCIL FINANCIAL REPORT Program Year 1999 IST 2ND 4 QUARTER QUARTER QUARTER QUARTER YEARTO VS (Jen•Mar) (Apr-Jun) (Jul-SOP) (Oct-Dec) DATE ACTUAL SO $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $110298 0 0 0 0 0 1,000 $0 SD $0 s0 $0 $111,298 $0 $0 $0 $0 $0 $91,295 e 1 $a $o $o $o $o 6000 0 0 0 0 0 3.000 0 0 0 0 0 9,000 $0 s0 $0 $0 $0 $20,000 So $0 $0 $0 s0 $111,298 A I $0 $0 $0 $0 s0 $0 $0 $0 s0 $0 $0 s0 a .a 1 so $0 $0 $0 $0 $0 0 0 0 0 0 0 0 0 0 0 0 0 o $o _ e $0 $0 so so so $0 o s 1 Dale Submitted Program Director 14 7, J e t r M',t r,. ~~19"r+fkN'~~ > I !.1 ! al'C, ~ ~ ~_1 i o " ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE IN SUPPORT OF THE CONVENTION & VISITOR'S BUREAU; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; ~r[ON 1• That the Mayor is hereby authorized to execute an agreement between the City of Denton and the Denton Chamber of Commerce (Convention & Visitor's Bureau) for the payment and use of hotel tax revenue, unt,: the terms and conditions contained in the agreement, a copy of which is attached hereto and made a part hereof. SECTION 1. 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: ~ i APPROVED AS TO LEGAL FORM; HERBERT L. PROUTY, CITY ATTOFWEY BY: - 0 i 1S 21) x 0 32X d o 0 mow. AGREEMENT BETWEEN THE CITY OF DEN TON AND THE DENTON CHAMBER OF COMMERCE (CONVENTION & VISI'TOR'S BUREAU) (CY1999.2001) PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE THIS AGREEMENT made between the City of Denton, Texas, a municipal corporation (the "CITY'), and the Denton Chamber of Commerce (Convention & Visitor's Bureau), a non- profit corporation incorporated under the laws of the State of Texas (the "BUREAU'): WHEREAS, Tex, Tax Code §351,002 authorizes the CITY to levy by ordinance a municipal hotel occupancy tax ("hotel tax') not exceeding seven percent (7%) of the consideration paid by a hotel occupant and WHEREAS, by ordinance, the CITY has provided for the assessment and collection of a mwt cipal hotel occupancy tax in the City of Denton of seven percent (70/*); and WHEREAS, Tex. Tar Comae §351.101(a) authorizes the CITY to use revenue from in municipal hotel occupancy tax to promote tourism and the convention and hotel industry by advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity, and by the acquisition of sites for and the construction, enlargement, repairing, operation, and maintenance of visitor information centers; and the furnishing of facilities, personnel, and materials for the registration of convention delegates or registrants; and WHEREAS, the BUREAU is well equipped to perform those activities through its Denton Convention and Visitor's Bureau; and WHEREAS, Tex, Tae Code §351.101(c) authorizes the CITY to delegate by contract with the BUREAU, as an independent entity, the management and supervision of programs and activities of the type described hereinabove funded with revenue from the municipal hotel occupancy tax; NOW, THEREFORE, in consideration of the performance of the mutual covenants and promises contained herein, the CITY and the BUREAU agree and contract as follows: I, IIOTEL TAX REVENUE PAYMENT 1,1 Considerstlen. For and in cunsideration of the activities to be performed by the BUREAU under this Agreement, the CITY agrees to pay to the BUREAU a portion of the hotel tax revenue collected by the CITY at the rates and in the manner specified herein (such payments by the CITY to the BUREAU sometimes herein referred to as the "agreed payments" or "hotel tax funds'). 1.2 Amount of Payments. • O f (a) As used in this Agreement, she following terms shall have the following specific } meanings: (i) The term "hotel tax revenue" shall mean the gross monies collected and received by the City as municipal hotel occupancy tax at the rate of seven percent (7%) of 16 kf, 25xf❑ 32XIIJ s MAIM 0 a the price paid for a room in a hotel, pursuant to Texas Tax Coee 351.002 and City Ordinance. Hotel tax revenue will include penalty and interest related to the late payments of the tax revenue by the taxpayer, (ii) The term "Collection period" will mean the collection peiod for the CITY's fiscal year. It will include hotel tae revenue due to the City for the relevant fiscal year and collected through the 22nd day of the month following the close of the relevant fiscal year. (iii) The term "base payment amount" shall mean a net mount of money equal to the total hotel tax revenue collected by the CITY during any relevant period of time (l. e., fiscal year or fiscal quarter), less (1) attorney and auditing costs incurred during such relevant period of time for costs of collection or auditing of hotel taxpayers, Attorney and auditing costs include fees paid to attorneys or agents not in the regular employ of the CITY for which attorneys or agents effect compliance or collection of the hotel tax from taxpayers; and (2) court costs and other expenses incurred in litigation against or auditing of such taxpayers. (iv) The terns "con'.:act quarter' shall refer to any quarter of the calendar year in which this A rcement is in force. Contract quarters will end on March 31", June 30i% September 301, and December 31" of each contract year, (b) In return for satisfactory performance of the activities set forth in this Agreement and all attachments hereto, the CITY shall pay to BUREAU an amount of money in each contract year equal to the lesser amount of: Thirty-Three and Fifty-One One Hundredths percent (33.51%) of the annual base payment amount or the fixed contract amount of Two Hundred Seventy-eight Thousand Three Hundred Thirty-eight Dollars ($278,338). This amount will be divided into quarterly payments equal to 25°10 of the annual fixed contract amount, unless the CITY can show with reasonable certainty that the annual base payment amount will be less than originally estimated for the fiscal year. The fourth luarterly payment will represent 25% of the fixed contract amount or the upcaid remainder of 33.51% of the base payment amount, whichever is less. Each quarterly payment is subject to receipt of unused funds from the prior contract period and the receipt of the required quarterly reports. Funding for calendar year 2000 and calendar year 2001 is dependent upon, and subject to, budget approval by the City Council for ^ those periods, Upon, and subject to, budget npproval, the budgeted annual payment for calendar years 2000 and 2001 are subject to an annual escrlation of not more than 4%. 1.3 Dates of Payments. i (a) 'The term "qu: rterly payments" shall mean payments by the CITY to the PUREAU of those amc ants specified 11 11.2, above, as determined by the hotel tax revenue eollectee. • 0 • (b) Each quarterly payment shall be paid upon receipt of the required reports and after the 25i° day following the last day of the contract quarter. If quarterly financial and performance reports are not received within thirty (30) days of the end of the applicable contract quarter, the 1 recipient may be held in breach of this Agreement. T!re CITY may withhold the quarterly payment(s) until the appropriate reports are received and approved, which approval shat) not unreasonably be witiheld. 17 Y ,9.. 7..~ Xp 32x❑ • 0 I I 1.4 Other Umitations regarding consideration. (a) The funding of this projec, in no way commits the CITY to future funding of this program beyond the current contract period. Any future funding is solely the responsibi%ty of the BUREAU. (b) It is expressly understood that this contract in no way obligates the General Fund or any other monies or credits of the CITY. Further, Bl :1EAU understands that funding for the CY2000 and CY 2001 years is expressly contingent upon the availability and allocation of budgeted hotel tar funds during CITY's FY1999.2000 and FY2000.2001 budget years, respectively. f (c) CITY may withhold further allocations if CITY determines that BUREAU's i expenditures deviate materially from their approved budget. 11. USE OF HOTEL TAX REVENUE 2.1 Use of Funds. For and in consideration of the payment by the CITY to the BUREAU of the agreed payments of hotel tax funds specified above, the BUREAU agrees to use such hotel tax funds only for advertising and conducting solicitations and promotional programs to attract tourists and aoavention delegates or registrants to the municipality or its vicinity; by the acquisition of sites for and the construction, enlargement, repairing, operation, and maintenance of visitor information centers; and the famishing of facilities, personnel, and materials for the registration of convention delegates or registrants; as authorized by TEX. TAX CODE §331.101(a), Funds for any calendar year which are unused by midnight December 3l" of that year shall be refunded to CITY within thirty (30) days, 2.2 Administrative Costs. The hotel tax funds received from the CITY by the BUREAU may be spent for day-today operations, supplies, salaries, office renta, travel expenses, and other administrative costs that are incurred directly in the performance by the BUREAU of those activities specified in 111 above and are allowed by TEX. TAX CODE §351.101(f). 2.3 Specific Restrictions on Use of Funds. (a) That portion of total administrative costa of the BUREAU for which hotel tax funds may be used shall not exceed that portion of the BUREAU's administrative costs actually incurred in conducting the activities specified in 12.1 above. j (b) I lotcl tar funds may not be spent for travel for a person to Mend ha event or conduct an ac.ivity the primary purpose of which is not directly related to t1,e promotion of local tourism and 1 the convention and hotel industry or the perfo •,nance of the person's job in an efficient M d professional manner. O r 1 18 x ❑ 32XIQ 0 i III. RECORDKEEPING AND REPORTING REOUIRFMENTS 3.1 Budget, (a) The BUREAU shall prepare and submit to the City Manager of the CITY an annual budget (see Exhibit "A") as approved by the City Council for each calendar year, for such operations of the BUREAU in which the hotel tax funds shall be used by the BUREAU. This budget shall specifically identify proposed expenditures of hotel tax funds by the BUREAU. In other words, the CITY should be able to audit specifically where the funds in the separate account relating to hotel tax funds will be expended. The CITY shall not pay to the BUREAU any hotel tax revenues as set forth in Section I of this contract during any fiscal year of this Agreement unless a budget for such respective fiscal year his been approved in writing by the Denton City Council authorizing the expenditure of funds. Failure to submit an annual budget may be considered a breach of contract, and if not remedied is considered grounds for termination of this Agreement as stated in paragraph 4.2, (b) The BUREAU acknowledges that the approval of such budget by the Denton City Counci creates a fiduciary duty in the BUREAU with respect to the hotel tax funds paid by the CI I"N to the BUREAU under this Agreement. The BUREAU shall expend hotel tat funds only in the manner and for the purposes specified in this Agreement. TEX. TAX CODE §331.101(a) and in the budget as appoved by the CITY. 3.2 Separate Accounts. The BUREAU shall maintain aty hotel tar funds paid to the BUREAU by the CITY in a separate bank account with segregated accounting, such that any reasonable person can review the source of expenditures of tax funds. A bank reconciliation report ~ (see Exhibit "B") is required with each quarterly report. I i 3,3 Financial Records. The BUREAU shall maintain complete and accurate financial records of each expenditure of the hotel tax funds made by the BUREAU, These funds are required to be classified as restricted ends for audited financial purposes, and may not be used for supposing services, including, but not limited to, auditing fees and attorney's fees. Upon reasonably advance written request of the Denton City Council, the City Manager or designate, or any other person. shall make such financial records available for inspection and review by the parry making the request, BUREAU understands and accepts that all such financial records, and any A other records relating to this Agreement shall be subject to the Public Information Act. TEX. GOVT CODE, ch. 552, as hereafter amended. 3.4 Quarterly Reports. Within thirty days after the end of every contract quarter, BUREAU shall furnish to CITY; (1) a performance report of the work performed under this Agreement describing the activities performed pursuant io this Agreem ;nt during that contract quarter, and (2) a list of the expenditures made with regt-d to hotel ti, funds pursuant to TEX. TAX CODE §151,101(c), Both the performance and e,apenditure reports will be in a form either determined or p • approved by the City Manager or designate (see Exhibit "B"). The BUREAU shall respond promptly to any request from the City Manager of the CITY, or designate, for additional information relating to the activities performed under this Agreement, 19 xi' 1 b, e Q I ~1GdRvd.} f 3.5 Notice of Meetings. The BUREAU shall give the City Manager of the CITY reasonable advance written notice of the time and place of all meetings of BUREAU's Board of Directors, as well as any other meeting of any constituency of the BUREAU at which this Agreement or any matter the subject of this Agreement shall be considered. This provision shall not be deemed to require the BUREAU to give notice of any executive session of the Executive Committee of the BURSA] t, IV. TERM AND TERMINATION 4.1 Term. The term of this Agreement shall commence on January 1, 1999 and terminate at midnight on December 31, 2001. This term shall be a period of three years. 4.2 Termination Without Causes (a) This Agreement may be terminated by either party, with or without cause, by giving the other party sixty (60) days advance written notice. (b) In the event this contract is terminated by either party pursuant to Section 4.2(a), the CITY agrees to reimburse the BUREAU for any contractual obligations of the BUREAU undertaken by the BUREAU in satisfactory performance of those activities specified in IT2,1 and 2.2 above and that were approved by the Council through the budget, as noted in 13.1. This reimbursement is conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in Jy2.1 and 22 above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. Notwithstanding any provision hereof to the contrary, the obligation of the CITY to reimburse the BUREAU or to assume the performance of any contractual obligations of the BUREAU for or under any contract entered into by the BUREAU as contemplated herein shall not exceed 66 25110 of the current quarterly payment. (c) Further, upon termination pursuant to 14.2(a), the BUREAU will provide the CITY: 1) Within 10 busi ,ass days from the termination notification, a short-term budget of probable expenditures for the remaining 60 ddy period between termination notification and contract termination. This budget will be presented to Council for approval within 10 business days after receipt by CITY. If formal approval is not given within 10 business days and the • budget does not contain any expenditures that would be prohibited by the Texas Tax Code, and is within the current contractual period approved budget; the budget will be considered approved; 2) Within 30 days, a full accounting of all expenditures not previously audited by the City; 3) Within S business days of a request from the CITY, a listing of expenditures that have occurred since the last required reponin; period; 4) a final accounting of all expenditures and tax funds on the day of termination. ]ht BUREAU will be obligated to return any wrused funds o . funds determined to he used improperly. Any use of remaining fu ids by the BUREAU after notification of termir, Aon is conditioned upou such contractual obligations having been incurred Q • and entered into in the good faith performance of those services contemplated in 2.1 and 2.2 above, and further conditioned upon. such contractual obligations having a term not exceedinb the full term of this Agreement. 20 AJ 4 In 32XI[ , 0 Wes" 0 I` venom 43 Automatic Termination, This Agreement shall automatically terminate upon the occurrence of any of the following events: (a) The termination of the legal existence of the BUREAU; (b) The insolvency of the BUREAU, the filing of a petition in bankruptcy, either voluntarily or involuntarily, or an assignment by the BUREAU for the benefit of cmditors; (c) The continuation of a breach of any of the terms or conditions of this Agreement by either the CITY or the BUREAU for more than thirty (30) days after written notice of such beach is given to the breaching party by the other party; or (d) The failure of the BUREAU to submit a financial quarterly reportwhich complies with the reporting procedures required herein and generally accepted accounting principles prior i to the beginning of the next contract term, or quarterly as required by Section 1.3 hereof. 4.4 Right to Immediate Termination Upon Litigation. Notwithstanding any other provision of this Agreement, to mitigate damages and to preserve evidence and issues for judicial determination, either party shall have the right to temtinuste this Agreement upon immediate notice to the other party in the :vent that any person has instituted litigation concerning the activities of the non-terminating party, and the terminating party reasonably believes that such activities are required or prohibited under this Agreement, 4.5 In the event that this Agreement is terminated pursuant to J14.3 or 4.4, BUREAU agrees to refund any and all unused funds, or funds determined by the CITY to have been used improperly, within 30 days after termination of this Agreement. V. GENERAL PROVISIONS 5.1 Subcontract for Performance of Services. Nothing in this Agreement shall prohibit, nor ! be construed to prohibit, the agreement by the BUREAU with another private entity, person. or organization for the performance of those services described in 12.1 above. In the event that the BUREAU enters into any arrangement, contractual or otherwise, with such other entity, person or organization, the BUREAU shall cause such other entity, person, or organization to adhere to, • conform to, and be subject to all provisions, terms, and conditions of this Agreement and to TEX, TAX CODE ch. 351, including reporting equirements, separate funds maintenance, and limitations and prohibitions pertaining to expenditure of the agreed payments and hotel tae funds. 5,2 Independent Contractor, The BUREAU shall operate as an independent contractor as to all sen ices to Ls performed under this Agreement End not as an officer, ageut, servant, or a nployee of the CITY. The BUREAU shall have exclusive control of its operati. hs and performance of • services here.mder, and such Fxtsons, entities, or organizati-- ,.,wraing the same ant the 1D • BUREAU shall be solely responsible for 'he acv and on ONO directors, officer, employees, agents, and subcontractors. Tx BUREAU shall not be considered a partner or joint venturer with the CITY, nor shall the BUREAU be considered nor in any manner bold itself out as an agent or official representative of the CITY. i 25 x 1 ❑ 32XID =01 MIT f U 5.3 Indemnification. The BUREAU agrees to indemnify, hold harmless, and defend the CITY, its officers, agents, and employees from and against any and all claims or suits for injuries, damage, loss, or liability of whatever kind or character, arising out of or in connection with the performance by the BUREAU or those services contemplated by this Agreement, including all such claims or causes of action based upon common, constitutional or statutory law, or based, in whole or in part, upon allegations of negligent or intentional acts of BUREAU, its officers, employees, agents, subcontractors, licensees and invitees. 5.4 Assignment The BUREAU shall not assign this Agreement without first obtaining the written consent of the CITY. 5.5 Notice. Any notice required to be given under this Agreement or any statute, ordinance, or regulation, shall be effective when given in writing and deposited in the United States mail, catiffed mail, return receipt requested, or by hand-delivery, addressed to the respective parties as follows: CII Y BUREAU City of Denton Denton Chamber of Commerce 215 E. McKinney Denton Convention & Visitor's Bureau Denton, TX 76201 Christine Gossett Vice President P.O. Box Drawer P Denton. Texas 16202.1719 5.6 Inurement. This Agreement and each provision hereof, and each and every right, duty, obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation of the C11 Y and the BUREAU and their respective successors and assigns. 5.7 Application of LaNS. All terms, condition, and provisions of this Agmemt mt are etbje„ t to all applicable federal lay s, state Inws, the Chatter of the City of Denton, all ordinances passed pursuant thereto, and all judicial determinations relative thereto. 5.8 Exclusive Agreements This Agreement contains the entire understanding and constitutes the entire agreement between the parties herein concerting the subject matter container herein. A There are no representations, agreements, arrangements, or understandings, oral or wztten, express or implied, botween or among the panics hereto, relating to the subject matter of this Agreement, which are not fully expressed herein, The terms and conditions of this Agreement shall prevail notwithstanding any va^ance in this Agreement from the terms and conditions of any other docume7l telaling to this transaction or these transactions. 5,9 Duplicate Originals. This Agreement is exfcuted in duplicate originals. 0 . 5,110 headings. The headings and subheadings of the various sections and daragraphs of this Agreement arc inserted merely for the purpose of convenience and do not express or imply any 1 omitation, definition, or extension of the specific terms of the section and paragraph so designated. 21 ? 5 3 2 x =%A=1A~m%&N1%AL~FN1MLArM NOR 0 0 WON" 5.11 Severability. If any section, subsection, paragraph, sentence, clause, phrase or word in this Agreement, or application thereof to any person or 0'rcumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this " Agreement, and the parties hereby declare they would have enacted such remaining portions despite any such invalidity. 5.12 Insurance. The BUREAU shall, at a minimum, provide insurance as follows: $500,000 Commercial General Liability Statutory Workers' CompLnsation and Employers' Liability (5100,0003500,0003100,000) $500,000 Business Automobile Liability on any owned, non-owned or hired vehicles The CITY must be named as an additional insured on :1i policies 'except Workers' Compensation) and proof of coverage shall be submitted prior to any payment by Le CITY. EXECUTED this _day of ,1998. THE CITY OF DENTON, TEXAS By: _ JACK MILLER, MAYOR ATTEST: APPROVED AS TO LEGAL FORM: By: By: JENNIFER WALTERS. HERBERT L. PRO CITY SECRETARY CITY ATTORNEY DEN70N C}WNB R OF COMMERCE 1 By, 1 Presidrnt ATTEST: APPROVED AS TO LEGAL FORM: r % 0iR By: By; Secretary , rw.da.rranea pe.n~oCanufllDT fan.~Y.1 R. I 27 1 • O • 1 Sent by: CVS 040 382 8287; 11125108 12:53PM;hIf1L.8828;Psp@ 214 I oAM on 6 e Bureau Jana • ecamT_ pet Inlamiir~NC _ .t aL1E;200 me CBy of Donlon - - 5,8rE`~73b- 202erwvi}ion Reservaic.C dAow~at: ts_ _ { 3 ~~fntereif li+eome _ 1 . Total Ingome DISBUARMENTS_ 1.307 Totm sifs-F s AN 7013E i salaryfe-r-ovary Me _ b3D i 5 . Satan • ~ 3a$ - a-viilor, o._ nda 18800 bOD' Tons-difirlii 9 310 --L~a rementailrecw _ -.2,001 31i- 'C. 110,W*ance - 4200 STS--- ayyrraTaxes --Ci-a6llry inwrance - Bb3 _ 2 Trival 6 ~nlniN_ X30" 'Computer Eaul~me~' - - . 1~ _.:°3`,~b0 31 Copy MachirtiCaoii eesre i o0d 300 332 Warehouse atarr 333 Fumliuro~S lies "Mee -0 4oi" OMoe s~ppis"' 05 Telephone SeMC61Totl Frei Une ' • . 437 TeisphoneMetroBe_rv_ice. 1,2b0 1 " Nintinp 722 1 bab _ _ . 42- os~Teegqe _ _3000' 13 _ _ _ "~oTaT7l-dminlitritlon_ . Xd76 362' $ollcita0onrteavel 503 ~Convsn1on Service Sdd--~- b6ii4ritlon Advertisfr+9~' ' 0 -6 5bi ' bonvenilon Promotion~nh dbb bb6 $W"- . bonGirl& Trade shown-- 0 0 669 Pf m6enhiippl3ubealpptknsitvieitir,Qi-_-- -f IN 1¢28 O ' TACVe`-T~am6enhlp _ TACV9 Conferenca . i'A&B'm ttdueation Semhan MA - Membarshlp Total Comentfon _ aH ff 7- rlnl Kdw~541~ 1101 guy ~6JPWATC clutdeL6L mo L*uSIs' _ _ . Pape t 24 32X s u Uptlet" Bent by: CVB 040 382 We?; 11125108 12:54PN;jNfu 0829;Poge 314 1 oont ENF Txont~i Fap~' fanner__ 301 - ' TX Mean-1th 9V, trnr Planne, -4 01 "~oiithem llving Trawl Directory 3.16E fifX 94 Taxes OWfaf-" 3,060' ttj( $ge T4 US' rht 3~`~~-r_'x~~ _ 'f,630 Arothure ads le'' Af a)qg rf "'Uda . ° TX Parke i mum( ~ komiaAweyOk/anome-""_ Delly~ilal':~~>3~,1'-~i _ gay n! eliomen FrvTPlan i - 09 rate rand* rs' V*n~m~exp. IL _ _ _ Ad beelyn on _ - S - j ouismPromodonGfa r1allg0'13,adb lsrforGu/da _ , -Vis O nde fimumet Sa _ _ 'visx`oi Video C4 _ plea Specle Semi ?hof i ' 616 Merquesl3iliboard Fi,E-b0 76,200 1-35E touch Anton _ Rental. Changeouu- S1E• SroctxuesZReprints 1or'09 tuppy~ zo_ti00 T 600 fio(il iriHle4 51 i_ - firavef Snc~wf r,.. _ AM _ Trawl Show • 19 Zivlet`' DanDlpertwo-a'4ie late- _ _ • ak City • KlncafC firavef~ - ~MeAllen ire Tred@Tf;6w`_ Fall Flom* Show b~Wdfd _ . 7leroapaa FrnerM~taw 0~ 316 ,MemCeiCh?~~ut>a~~.. eetfripe " 1.550. , tL. TT IA • iravelNmmil" ' DFWAfdadern~h7p ! 510 Tourlam Serval 30,101 ?~,8 Hoap0 1...1'r0 lrunp : SuppNa _ Adv aetlnpa • Su a uv'Y~oordM ouNam Week Curafhom FAM Tours_ ' nd0raon~7anaor~GGIk:Ay . k O ! Page 2 25 32XIO AIM= r tl ~ tl O sent by: CVs 940 392 6291; 11125105 12:s4PY; M&& /Q2e;Pago 414 3 a irons hx zaao We r, Da w ipmMar-i m-0=11 ` - - - - ' 186' - ' $ roil] DisbummSOp: 363rOd 2 OIW . b~idaY2.xi5 . x • FF I L 1 i 1 r t Lk j Pap I 0 26 X10 32X ~KWI 0 DENTON CONVENTION & VISITOR BUREAU FINANCIAL REPORT Program Year 1999 2ND 3RD 4TH allDGET QUARTER QUARTER CUARTER QUARTER YEAR TO VS t; (Jan•Msr) (Apr-Jun) (Jul•Sep) (Oct-Doe) DATE ACTUAL APPROVED BUDGET Begtnning Cash ^ # $0 $0 $0 s0 $0 $0 ~Recelpte',' Occupancy Tax 1278,338 $0 s0 $0 $0 $0 $218,338 II Interest Income 1 600 0 0 0 0 0 1.000 Total Receipts $279,338 so 0 50 $0 s0 $279,338 DisbUrsemants i7; r k c k Advertising $O Tefephone =7,000 s0 $0 $0 s0 $0 $7,000 Phone Metro 1,200 0 0 0 0 0 1,200 R PMtklq 1,000 0 0 0 0 0 1,000 Postage t, 41,605 0 0 0 0 0 4,695 Convelilb+i i •I" a Travel 0 0 0 0 0 700 Promo.E~ents 0 0 0 0 0 500 PrlntAdvertlsim; 548'! 0 0 0 3 0 54,957 7oursm~ i 4 ` Promo, Material 0,660 0 0 0 0 0 9,650 Marquee Blllbrd n ',M X6,200 0 0 0 0 25,200 Brochures 1600 0 0 0 0 0 7,500 Travel Shows 4,200 0 0 0 0 0 4,200 Services 'i, 126,600 0 0 0 0 0 29,800 DFWFilm Comm 4,f00 0 0 0 0 0 4,100 Speclai Prof e l A, 6 400 0 0 0 0 0 5,400 Total Advertising y 162,902 $0 $0 0 0 0 3152,902 k' 6 - heilor 1Wo Ctr 1416W $0 so $0 $0 $0 $4,000 Vieltor tnto CU 0 0 0 0 0 0 0 Total Bultdings ,000 $0 0 0 g0 $4,000 O } i Tob. }.170,056 $C $0 so so $0 $18,056 Ter ps 1,000 %1 0 0 0 0 1,000 . Aeoounting X11 4,006 (1 0 0 0 0 4,006 0 , Berleft: a". { RellrementDlr 2,001 0 0 0 0 0 2,001 4 jt PA TaxN , t-r 6,600 0 0 0 0 0 8,500 Health the10,l4a 0 0 0 0 0 10,245 Liability Ins.,: ; v boo 0 0 0 0 0 500 2'I I 3 2 ,x C~ A 0 l DENTON CONVENTION & VISITOR BUREAU FINANCIAL REPORT rogram Year1999 P 13T aND 3RD 4TH Mar QUARTER QUARTER QUARTER QUARTER YEARTO VS APPROVED B f30ET (Jan-Nor) (Ap"un) (Jul-Sep) (0ef•Dee) DATE ACTUAL Services: Warehousext r+~¢b 0 0 0 0 0 450 A~ , Audit 1 w r b 1.100 0 0 0 0 0 1,100 Mbrshpe)Dues184Es ra Ii6Q 0 0 0 0 0 1,650 Equipment is t„ COmpUler r ~f i J!k ,2,ti00 0 0 0 0 0 2,500 Copler V, 1l; 00 0 0 0 0 0 600 ConwnGon 'I' 1&~ 11 F+ri Mbrohlpl8upeWI, 6, „ .t N~~'f ri b 0 0 0 0 0 1,828 OdICe Supplies it of 0 0 0 0 0 3,500 Total Adminlatrstkut R,'y4"ir ; ilope $0 0 $0 0 115,736 1MYAI Car Allowance 44 ~66, So $0 $0 $0 $0 $4,200 Travel & Tmining + t 3` N 0 0 0 0 0 2,500 Tolel Travel rlr; ^ ' At , y, ; ~ ,700 0 0 0 0 0 6,700 . t.~,; 1!1, to r TotalWobursemenb r") +"W79 J3 so $0 $0 $0 $0 $270,338 Kcass rv. J .hjM ~fL G ^y'r^ ' lReatpta)DbburNm~nls f, f~ ; So $0 So 5o so so Endln Cash r v ~ o 5o 50 SO 50 to RECONCILIATION Cash am Hand 5o $0 $0 50 $0 So Lose Outstanding Cheeks i 4?,a 0 0 0 0 0 0 0 00 OtheAdjustmentf 0 0 0 0 so $0 Bank 89lsnce Z rti t so 93 so Variance s/br0 r 50 50 $O $O $0 W... PLO • Dote Submitted Program Director 0 • 28 r 32 X 4 o s' MOW* hrv„'.rdi. T• _ .-...-...+anuwt /'+N'i'whi~u.n.w" . f y ORDINANCE NO. _ s` AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON HOLIDAY FESTIVAL ASSOCIATION, INC. FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor is hereby authorized to execute an agreement between the City of Denton and the Denton Holiday Festival Association, Inc. for the payment and use of l' hotel tax revenue, under the terms and conditions contained in the agreement, a copy of which is attached hereto and made a part hereof. a SEC•ION It. That this ordinance shall become effective immediately upon its passage 1 and approval. PASSED AND APPROVED this the day of 1998. JACK MILLER, MAYOR ATTEST: j JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM, HERBERT L. PROUTY, CITY ATTORNEY • 9Y: ii/ r • • 29 Z t,d~ 75 10 32 x LILMIALORAMEELMN c y 11 4 1 "1 i AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON HOLIDAY FESTIVAL ASSOCIATION, INC. (CY1999) PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE , THIS AGREEMENT made between the City of Denton, Texas, a municipal corporation (the "CITY"), and the Denton Holiday Festival Association, Inc, a legal entity incorporated under ` the laws of the State of Texas (the "ASSOCIATION'): WHEREAS, Tex. Tax Code §351.002 authorizes the CITY to levy by ordinance a municipal hotel occupancy tax ("hotel tax") not exceeding seven percent (71/6) of the consideration paid by a hotel occupant; and WHEREAS, by ordinance, the CITY has provided for the assessment and collection of a mwncipal hotel occupancy tax in the City of Denton of seven percent (7%); and WHEREAS, Tex, Tax Code §351,101(x) authorizes the CITY to use revenue from Its municipal hotel occupancy tax to promote tourism and the convention and hotel Industry by advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity;; and WHEREAS, the ASSOCIATION is well equipped to perform those activities; and WHEREAS, Tex. Tax Code §331.101(c) authorizes the CITY to delegate by contract with the ASSOCIATION, as an Independent entity, the management and supervision of programs and activities of the type described hereinabove funded with revenue from the municipal hotel occupancy tax; NOW, THEREFORE, in consideration of the performance of the mutual covenants and promises contained herein, the CITY and the ASSOCIATION agree and contract as follows: I, HOTEL TAX REVENUE PAYMENT 1,1 Considersdon. For and in consideration of the activities to be performed by the ASSOCIATION under this Agreement, the CITY agrees to pay to the ASSOCIATION a portion of the hotel tat revenue collected by the CITY at the rates and In the manner specified herein (such payments by the CITY to the ASSOCIATION sometimes herein referred to as the "agreed E payments" or "hotel tax funds'). 1,2 Amount of Payments. r (a) As used in this Agreement, tht following terr. s shall have the following specific meanings: O (i) The term "hotel tat revenue" shall mean the gross monies collected and received by the City as municipal hotel occupancy tax at the rate of seven percent (7%) of s the price paid for a room in a hotel, pursuant to Texas Tax Code 351.002 and City 30 ' 0 1 Ordinance. Hotel tax revenue will include penalty and interest related to the late payments of the tax revenue by the taxpayer. (ii) The term "Collection period" will mean the collection period for the CITY's fiscal year. It wiil include hotel tax revenue due to the City for the relevant fiscal year and collected through the 22nd day of the month following the close of the relevant fiscal year, (iii) The term "base payment amount" shall mean a net amount of money equal to the total hotel tax revenue collected by the CITY during any relevant period of time (Le., fiscal year or fiscal quarter), less (1) attorney and auditing costs incurred during such relevant period of time for costs of collection or auditing of hotel taxpayers. Attorney and auditing costs include fees paid to attorneys or agents not in the regular employ of the CITY for which attorneys or agents effect compliance or collection of the hotel tax from taxpayers; and (2) court costs and other expenses incurred in litigation against or auditing of such taxpayers, (iv) The term "contract quarter" shall refer to any quarter of the calendar year in which this Agreement is in force. Contract quarters will end on March 31°, June 3e, September 30 , and December 31' of each contract year, (b) In return for satisfactory performance of the activities set forth in this Agreement and all attachments hereto, the CITY shall pay to ASSOCIATION att amount of money in each contract year equal to the fixed contract amount of Threw Thousand Dollars ($3,000). This amount will be divided into no more than two payments. Each payment is subject to receipt of unused funds from the prior contract period and the receipt of the required quarterly reports. 1,3 Dates of payments, (a) The term "payments" shall mean payments by the CITY to the ASSOCIATION of those amounts specified in J1.1, above, as determined by the hotel tax revenue collected. (b) In return for the satisfactory performance of the activities set forth in this contract and all attachments thereto, CITY sh,9 pay the ASSOCIATION the agreed payments specified in 11.2 above by no more than two payments, paying the fixed contract amount during the 1st and 2nd . quarter of the calendar ytar. If a second payment is due, that payment shall be paid upon receipt of the required reports and after ,he 2S"' day following the last day of the contract quarter. If quarterly financial and performance reports are not received within thirty (30) days of the end of the applicable quarter. the recipient may be held in breach of this Agreement The CITY may withhold the quarterly payment(s) until the appropriate reports are received and approved, which approval shall not unreasonably be withheld, 1.4 Other Unillatlens regarding conslderatloa. O (a) the funding of this project fit no way commits the CITY to firttre funding of this program beyond the current contract period, Any future funding is solely the responsibility of the ASSOCIATION. 31 I O 32 X s u (b) It is expressly understood that this contract in no way obligates the General Fund or any other monies or credits of the CITY. (c) CITY may withhold further allocations if CITY determines that ASSOCIATION's expenditures deviate materially from their approved budget. Ih USE OF HOTEL TAX REVENUE 2.1 Use of Funds. For and in consideration of the payment by the CITY to the ASSOCIATION of the agreed payments of hotel tar funds specified above, the ASSOCIATION agrees to use such hotel tax funds only for advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity as authorized by TEX. TAX CODE §351.101(a). Funds for any calendar year which are unused by midnight December 31" of that year shall be refunded to CITY within thirty (30) days. 2,2 Administrative Costs. The hotel tar funds received from the CITY by the ASSOCIATION may be spent for day-to-day operations, supplies, salaries, office rental, travel expenses, and other administrative costs that are incurred directly in the performance by the ASSOCIATION of those activities specified in 92.1 above and are allowed by TEX, TAX CODE §351.101(f1. 23 Specific Restrictions on Use of Funds. (a) That potion of total administrative costs of the ASSOCIATION for which hotel tax funds may be used shall not exceed that portion of the ASSOCIATION's administrative costs actually incurred in conducting the activities specified in 12 1 above, (b) Hotel tar funds may not be spent for travel for a person to attend an event or conduct an activity the primary purpose of which is not directly related to the promotion of local tourism and the convention and hotel industry or the performance of the person's job in an efficient and professional manner, 111. RECORDKEEPING AND REPORTING REQUIREMENTS 3.1 Budget. 0 (a) The ASSOCIATION shall prepare and submit to the City Manager of the CITY an annual budget (see Exhibit "A") as approved by the City Council for each calendar year, for such operations e f the ASSOCIATION in which the hotel tar funds shall be used by die ASSOCIATION. This budget shall specifically identify proposed expenditures of hotel tax funds by the ASSOCIATION. In other .words, the CITY should be able to audit specifically where the funds in the separwe account relat ng to hotel tax funds will be expended, The CITY shall not pay to the ASSOCIATION any hotel tar revenues as set firth in Section 1 of this contract during any O , fiscal year of this Agreement unless s budget for such respective fiscal year hus been approved bs writing by the Denton City Council authorizing the expenditure of funds. Failure to subunit an annual budget may be considered a breach of contract, and if not remedied is considered grounds for termination of this Agreement as stated In paragraph 4 2. 32 - y, p 32X El S 0 (b) The ASSOCIATION acknowledges that the approval of such budget by the Denton it City Council creates a fiduciary duty in the ASSOCIATION with respect to the hotel tax funds paid by the CITY to the ASSOCIATION under this Agreement. The ASSOCIATIOY shall expend c , hotel tax funds only in the manner and for the purposes specified in this Agreement, Tex. TAX CODE §351.1O1(a) and In the budget as approved by the CITY. 3.2 Separate Accounts. The ASSOCIATION shells maintain any hotel tax funds paid to the ASSOCIATION by the CITY in a separate bank account with segregated accounting, such that any reasonable person can review the source of expenditures of tax funds, A bank reconciliation report (see Exhibit "B'~ is required with each quarterly report. 3.3 Financial Records. The ASSOCIATION shall maintain complete and accurate financial v' records of each expenditure of the hotel tar funds made, by the ASSOCIATION. These funds are required to be classified as restricted funds for audited finartcial purposes, and may not be used for supporting services, including, but not limited to, auditing fees and attorney's fees. Upon reasonably advance written request of the Denton City Council, the City Manager or designate, or any other person. shall make such financial records available for inspection and review by the party making the request. ASSOCIATION understands and accepts that all such financial records, and any other records relating to this Agreement shall be subject to the Public Information Act, TEX. GOVT CODE, ch, 552, as hereafter amended. 3.4 Quarterly Reports. After initial receipt of hotel tar funds, and within thirty days after the end of every quarter thereafter, until all funds have been expended and reported to the CITY, ASSOCIATION shall furnish to CITY: (I) a performance report of the work performed under this Agreement describing the activities performed pursuant to this Agreement during that contract quarter, and (2) a list of the expenditures made with regard to hotel tax funds pursuant to TEX. TAX CODE §351.101(c). Both the performance and expenditure reports will be in a form either determined or approved by the City Manager or designate (see Exhibit "BI'). The ASSOCIATION shall respond promptly to any request from the City Manager of the CITti for additional information relating to the activities performed under this Agreement, 3.5 Notice of Meetings. The ASSOCIATION shall give the City Manager of the CITY reasonable advance written notice of the time and place of all meetings of ASSOCIATION's Borrd of Directors, as well as any other meeting of any constituency of the ASSOCIATION at which this Agreement or any matter the subject of this Agreement sh311 be considered. This provision shall not be deemed to require the ASSOCIATION to give notice of any executive session of the Executive Committee of the ASSOCIATION. r IV. TERM AND TERMINATION 4.1 Term. The term of this Agreement shall commence on Jamey 1, 1999 and terminate at • midnight on December 3l, 1999. This term shall be a p-Hod of one year, 10 0 4.2 Ter mination Without Cause. (a) This Agreement may be terminated by either party, with or without cause, by giving the other party sixty (60) days advance written notice. 33 FNn `u n. K• 32 x 0 t J hl,1111~40~1 --l- I 11111111111M o (b) In the event this contract is terminated by either party pursuant to Section 4,2(a), V the CITY agrees to reimburse the ASSOCIATION for any contractual obligations of the , ASSOCIATION undertaken by the ASSOCIATION in satisfactory performance of those activities specified in 112.1 and 2.2 above and that were approved by the Council through the budget, as noted in 13.1. This reimbursement is conditioned upon such contractual obligations I having been incurred and entered into in the good faith performance of those services contemplated in 112.1 and 2.2 above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. Notwithstanding any provision hereof to the contrary, the obligation of the CITY to reimburse the ASSOCIATION or to assume r, the performance of any contractual obligations of the ASSOCIATION for or under any contract entered into by the ASSOCIATION as contemplated herein shall not exceed 66 2/1% of the current quarterly payment. r (c) Further, upon termination pursuant to 14,2(a), the ASSOCIATION will provide the h CITY: 1) Within 10 business days from the t,,,,,:ation notification, a short-term budget of probable expenditures for the remaining 60 day period between termination notification and contract termination. This budget will be presented to Council for approval within 10 business days after receipt by CITY. If formal approval is not given within 10 business, days and the budget does not contain any expenditures that would be prohibited by the Texas Tax Code, and is within the current contractual period approved budget; the budget will be considered approved; 2) Within 30 days, a full accounting of all expenditures not previously audited by the City; 3) Within S business days of a request from the CITY, a listing of expenditures that have occurred since the last required reporting period; 4) a final accounting of all expenditures and tax funds on the day of termination. The ASSOCIATION will be obligated to return any unused funds or funds determined to be used improperly. Any use of remaining funds by the ASSOCIATION after termination is conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in 2.1 and 21 above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. 4.3 Automatic Termination. This Agreement shall automatically terminate upon the occurrence of any of the following events; . (a) The termination of the legal existence of the ASSOCIATION; (b) The insolvency of the ASSOCIATION, the filing of a petition in bankriptcy, either 1 voluntarily or involuntarily, or an assignment by the ASSOCIATION for the benefit of creditors; ; (c) The continuation of a breach of any of the terms or conditions of this Agreement by S either the CITY or the ASSOCIATION for more than thirty (30) days after written notice of 0 such breach is given to the breaching party by the other party; or (d) The failure of the ASSOCIATION to submit a financial quarterly report which complies with the reporting procedures required herein and generally accepted accounting principles 34 1 25'(10 32 n I 0 o prior to the beginning of the next contract term, or quarterly as required by Section 1.3 hereof. 4.4 Right to Immediate Termination Upon Litigation. Notwithstanding any other provision of this Agreement, to mitigate damages and to preserve evidence and issues for judicial determination, either party shall have the right to terminate this Agreement upon immediate notice to the other party in the event that any person has instituted litigation concerning the activities of the non-terminating party, and the terminating party reasonably believes that such activities are required or prohibited under this Agreement. 4,5 In the event that this Agreement is terminated pursuant to ¶143 or 4.4, ASSOCIATION agrees to refund any and all unused funds, or funds determined by the CITY to have been used Improperly, within 30 days after terminwion of this Agreement. % V. GENERAL PROVISIONS 3.1 Subcontract for Performance of Services. Nodal; in this Agreement shall prohibit, nor be construed to prohibit, the agreement by the ASSOCIATION with another private entity, person, or organization for the performance of those services described in 12,1 above. In the event that the ASSOCIATION enters into any arrangement, contractual or otherwise, with such other entity, J person or organization, the ASSOCIATION shall cause such other entity, person, or organization to adhere to, confoms to, and be subject to all provisions, terms, and conditions of this Agreement and to TEx. TAx CODE ch. 351, including reporting requirements, separate funds maintenance, and limitations and prohibitions pertaining to expenditure of the agreed payments and hotel tax funds. 3.2 Independent Contractor. The ASSOCIATION shall operate as an independent contractor as to all services to be performed under this Agreement and not as an officer, agent, servant, or employee of d,e CITY. The ASSOCIATION shall have exclusive control of its operations and performance of services hereunder, and such persons, entities, or organizations performing the same and the ASSOCIATION shall be solely responsible for the acts and omissions of its directors, oMeers, employees, agents, and subcontractors. The ASSOCIATION shall not be considered a partner or joint venturer with the CITY, nor shall the ASSOCIATION be considered nor in any manner hold itself out as an agent or official representative of the CITY. 5.3 Indemnifleation, The ASSOCIATION agrees to indemnify, hold harmless, and defend the • CITY, its officers, agents, and employees from and against any and all claims or suits for injuries, damage, loss, or liability of whatever kind or character, arising out of or In connection with the performance by dtt ASSOCIATION or those services contemplated by this Agreement, including all such claims or causes of action based upon common, constitutional or statutory law, or based, in whole or in part, upon allegmlons of neglige it or intentional acts of ASSOCIATION, its of8ctts, employees, agents, subcontractors, licensees aid Invitees. • O • 5,4 Assignment The ASSOCIATION shall not assign this Agreement without first obtaining the written consent of the CITY. 3S 2S.,. 2 1 a )E] • 0 4 I 5.5 Notice. Any notice required to be given under this Agreement or any statute, ordinance, or regulation, shall be effective when given in writing and deposited in the United States mail, certified mail, return receipt requested, or by hand-delivery, addressed to the respective parties as follows: STY ASSOCIATION ~E City Manger Yvonne Jenkins City of Denton Denton Holiday Festival Foundation, Inc, 215 E. McKinney A.O. Box 2765 Denton, TX 76201 Denton, Texas 76202.2765 3,6 Inurement. This Agreement and each provision hereof, and each and every right, duty, a". obligation, and liability set forth herein shall be binding upon and Inure to the benefit and obligation ti of the CITY and the ASSOCIATION and their respective successors and assigns. rt 5.7 Application of Laws. All terms, conditions, and provisions of this Agreement are subject 3 to all appli mble federal laws, state laws, the Charter of the City of Denton, all ordinances passed pursuant thereto, and all judicial determinations relative thereto. 5.8 Exclusive Agreement. This Agreement contains the entire understanding and constitutes the entire a;;reement between the parties hereto concerning the subject matter contained herein. I1Aere are no representations, agreements, arrangements, or understandings, oral or written, express or implied, between or among the parties hereto, relating to the subject matter of this Agreement, which are not fully expressed herein. The terms and conditiow of this Agreement shall prevail notwithstanding any variance in this Agreement from the terms and conditions of any other document relating to this transaction or these transactions, 5.9 Duplicate Originals. This Agreement Is executed in duplicate originals. 5,10 Headings. The headings and subheadings of the various sections and paragraphs of this Agreement are inserted merely for the purpose of convenience and do not express or imply any limitation, definition, or extension of the specific terms of the section and paragraph so designated. 5.11 Severability. If any section, subsection, paragraph, sentence, clause, phrase or word In this i . Agreement, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this 1 Agreement, and the parties hereby declare they would have enacted such remalning portions despite any such invalidity, t EXECUTED tills day cf , 1998, THE CITY OF DENTON, TEXAS By. JACK MILLER, MAYOR 36 S , . t P A'. y 2S 32 x ❑ llp o t a; . R ATTEST: APPROVED AS TO LE(F4 FORM: By: By: r JENNIFER WALTERS, -~bx T L. PR , CITY SECRETARY CITY ATTORNEY z b, DENTON HOUD FESTIVAL ASSOCIATION, INC. ~aF B for L FORM: EOA ATTEST: PROZY By~QJ~/d0a7 By; Secretary 1 ' 1~ W .~T'Si i.LS Ivlydhpl0.WOua+nn~[a,m'1fJ10T[w~al64dk l.urY be . . , , 1 i' 4! i i , r ~t r 37 jp jr~R k. 2 x1o I I~, ~ ~ 1 r r I ~ I' eensn . is n y.l~[4~1 Di0 IO'l:0 fM11A1 X111 V MNIIG IV ~ .5•••• 7J'lili{1 r.VJ ~ ~ f ~ ,.ti. E Oonton Nolldty Festival HOT oomphanae rpY'vA' EYAM k: f AMOK f . Amfod" Print SmeNree 1.000 ~N 2.000 3,000 z.l Ad ~ ■Ylfsifa0t ° Nab" 1 Admlatifalofoa f . Told 1.000 { GLa I . , TOTAL P.03 41 V + b I r -Ao 1 0 DENTON HOLIDAY FESTIVAL , FINANCIAL REPORT Program Year 1999 BUDGET t r 'nH1 ~ i<s r ~ `r 1ST IN0 3RD 1711 r}'; ,iL QUARTER QUARTER QUARTER QUARTER YEAR TO VS Na"So (Apr n AP BdDO lun MJ fOct-CstJ DATE ACTUAL B§glnnir u r p ~"sy~} so so so $0 so so •H ,fr yr.ys,y r;Ricsfpls'^ Occvpahcq Tau D $0 $0 So so $0 $3,000 irderaillnpor~e g k;J'{T 0 0 0 0 0 0 Total Retxipts At f: A~ls,'t r00 so so SO $o 53,000 ~ 1 ti , 9 ~n b, Disburrsements k tywa+~ $0 $0 so $0 so $1.000 Frht l~(bclturei Medie'r '11~4'~:•4pL 0 0 0 0 0 2000 Total Adyb n~ , '~ry 000 s0 $o so $0 s0 $3.000 1. Total D{ So $0 So so $0 S3r000 ebur f~~ ~5~~~~ Er<eiia 1 , r w §i k4 Reed . E~bu r'Ai b• $0 so so to so so Endir. 'JCie + ' xg $0~ $0 s0 $0 $0 so RECU I TION 44 Cash on Hind $0 so so $0 $0 $0 y Lose Oulstyndfng Cheeks w 0 0 0 0 0 0 O1herAdjustmsnb 0 0 0 0 0 0 as nk Selene$ Ito", $0 so so so so so s Variance (slb-01 SO $O SO SO $O s0 K I I Date Submitted Program D'ueelor ' a • 39 32~~.1 r A O ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON COMMUNITY THEATRE, INC., FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN E EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: i SECTION 1. That the Mayor is hereby authorized to execute an agreement between the City of Denton and the Denton Community Theatre, Inc. for the payment and use of hotel tax revenue, under the terms and conditions contained in the agreement, a copy of which is attached hereto and made a part hereof. i SECTION 11. That this ordinance shall become effective immediately upon its passage and approval, PASSED AND APPROVED this the day of 1997. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY all: 40 10 10 25 x Q i 1 I I I ' I AGREEMENT BETWEEN THE CITY OF DENTON AND I DENTON COMMUNITY THEATRE, INC. (CYI"9) PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE THIS AGREEMENT made between fie City of Denton, Texas, a municipal corporation (the "CITY'), and the Denton Community Theatre, Inc., a legal entity incorporated under the laws j of the State of Texas (the "THEATRE'): WHEREAS, Tex. Tax Code §351.002 authorizes the CIT% to levy by ordinance a mwnicipal hotel occupancy tax ("hotel tax') not exceeding seven percent (70/6) of the consideration paid by a hotel occupant; and WHEREAS, by ordinance, the CITY has provided for the assessment and collection of a r' municipal hotel occupancy tax in the City of Denton of seven percent (70/4); and WHEREAS, Tex. Tax Code §351.101(a) authorizes the CITY to use revenue from its municipal hotel occupancy tax to promote tourism and the convention and hotel industry by advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or is vicinity;; and WHEREAS, the THEATRE is well equipped to perform those activities; and WHEREAS, Tex. Tax Code §35 L 101(c) authorizes the CITY to delegate by contract with the THEATRE, as an independent entity, the management and supervision of programs and activities of the type described hereinabove funded with revenue from the municipal hotel occupancy tax; NOW, THEREFORE, in consideration of the pcrfomtance of the mutual covenants and promises contained herein, the CITY and the THEATRE agree and contract as follows: 1. HOTEL TAX REVENUE PAYMENT 1.1 Consideratim. For and in consideration of the activities to be performed by the THEATRE under this Agreement, the CITY agrees to pay to the THEATRE a portion of the hotel • tar revenue collected by the CITY at the rates and in the manner specified herein (such payments by the CITY to the THEATRE sometimes herein referred to as the "agreed payments" or "hotel tax funds"). 1.2 Amount of Payments, i e (a) As used in this Agreement, the following terms L ail have the following specific • meanings: j • • (i) The term "hotel tax revenue" shall mean th r gross monies collected and received by the City as municipal hotel occupancy tax at the rate of seven percent (7%) of the pripaid for a room in a hotel, pursuant to Texas Tax Code 331.002 and City 41 32 x L~ 0 TAM" 0 r AWWW Ordinance, Hotel tar revenue will include penalty and interest related to the late j payments of the tax revenue by the taxpayer. , (ii) The term "Collection period" will mean the collection period for the CITY's fiscal year. It will include hotel tax revenue due to the City for the relevant fiscal year and collected through the 22nd day of the month following the close of the relevant fiscal year. (iii) The term "base payment amount" shall niean a net amount of money equal to the total hotel tax revenue collected by the CITY during any relevant period of time (i. e., fiscal year or fiscal quarter), less (1) attorney and auditing costs incurred during such relevant period of time for costs of collection or auditing of hotel L~xpayers. Attorney and auditing costs include fees paid to attorneys or agents not in the regular employ of the CITY for which attorneys or agents effect compliance or collection of the hotel tax from taxpayers; and (2) court costs and other expenses incurred in litigation against or auditing of such taxpayers. (iv) The term "contract quarter" shall refer to any quarter of the calendar year in which this AVicement is in force. Contract quarters will end on March 31", June 301", September 30 , and December 31 s of each contract year. (b) In return for satisfactory performance of the activities set forth in this Agreement and all attachments hereto, the CITY shall pay to THEATRE an amount of money in eacl: contract year equal to the fixed contract amount of Ten Thousand Dollars (S10,000). This amount will be divided into no more than two payments. Each payment is subject to receipt of unused funds from the prior contract period and the receipt of the required quarte ly reports. 1.3 IJates of Payments. (a) The term "payments" shall mean payments by the CITY to the THEATRE of those amounts specified in 11.2, above, as determined by the hotel tax revenue collected. (b) In return for the satisfactory performance of the activities set forth in this contract and all attachments therelo, CITY shall pay the THEATRE the agreed payments specified in 11.2 above by no more than two payments, paying the fixed contract amount during the 1st and 2nd quarter of the calendar year. If a secor payment is due, that payment shall be paid upon receipt of the required reports and after the 25 day following the last day of the contract quarter. If quarterly financial and performance reports are not received within thirty (30) days of the end of the applicable quarter, the recipient may be held in breach of this Agreement The CITY may withhold the quarterly payment(s) until the appropriate reports tut received and approved, which approval I shall not unreasonably be withbeid. 1,4 Other limitations regarding conslderaticn, 0 (a) The funding of this project in no way commits the CITY to future funding of this program beyond the current contract period. Any future funding is solely the responsibility of the THEATRE. 42 } wf U i I (b) It is expressly understood that this contract in no way obligates the General Fund or any other monies or credits of the CITY, (c) CITY may withhold further allocations if CITY determines that THEATRE's expenditures deviate materially from their approved budget. 11. USE OF HOTEL TAX REVENUE 2.1 Use of Funds. For and in consideration of the payment by the CITY to the THEATRE of the agreed payments of hotel tax funds specified above, the THEATRE agrees to use such hotel tax funds only for advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity as authorized by TEX. Tex CODE §351.101(a). Funds for any calendar year which are unused by midnight December 31" of that year shall be refunded to CITY within thirty (3.~! Ways. I 2.2 Administrative Costs. The hotel tax funds rc •ivec' %rn the CITY by the THEATRE may be spent for day-to-day operations, supplies, sala,.a, :Afice rental, travel expenses, and other administrative costs that are incurred directly in the performance by the THEATRE of those activities specified in 12.1 above and are allowed by TEx. TAX CODE §351.101(f). 2.3 Specific Restrictions on Use of Funds. (a) That portion of total administrative costs of the THEATRE for which hotel tax finds may be used shall not exceed that portion of the THEATRE's administrative costs actually incurred in conducting the activities specified in $2.1 above, (b) Hotel tax finds may not be spent for travel for a person to attend an event or conduct u activity the primary purpose of which is not directly related to the promotion of local tourism and the convention and hotel industry or the performance of the person's job in an efficient and professional manner. III. RECORDKEEPING AND REPORTING REQUIRENIENTS 3.1 Budget. A (a) The THEATRE shall prepare and submit to the City Manager of the CITY an annual budget (see Exhibit "A") as approved by the City Council for each calendar year, for such operations of the THEATRE in which the hotel tax funds shall be used by the THEATRE. This budget shall specifically identify proposed expenditures of hotel tax funds by the THEATRE. In other words, the CITY 0ould be able t, audit specifically where the funds in the sehuate account relating to hotel tar funds will be expet,ded. The CITY shall not pay to the THEATRE any hotel tar revenues as set forth n Section I of this contract during any fiscal year of this Ag --cment unless O a budget for such respective fiscal year has been approved in writing by the Denton City Council a:,thorirdng the expenditure of funds. "Failure to submit an annual budget may be considered a breach of contract, and if not remedied iy considered grounds for termination of this Agreement as state. in paragraph 41 43 32 x ❑ A ,.way. o (b) The THEATRE acknowledges that the approval of such budget by the Denton City Council creates a fiduciary duty in the THEATRE with respect to the hotel tax funds paid by the CITY to the THEATRE under this Agreement. The THEATRE shall expend hotel tax funds only in the manner and for the purposes specified in this Agreement, TEx. Tex CODE §351.101(a) and in the budget as approved by the CITY. E 3.2 Separate Accounts. The THEATRE shall maintain any hotel tax funds paid to the THEATRE by the CITY in a separate bank account with segregated a.=unting, such that any reasonable person can review the source of expenditures of tax funds. A bank reconciliation report (see Exhibit "B') is required with each quarterly report. 33 Financial Records. The THEATRE shall maintain complete and accurate financial records of each expenditure of the hotel tax funds made by the THEATRE. These faWs are required to be classified as restricted funds for audited financial p epos :s, and may not be used for supporting services, including, but not limited to, auditing fees ami ettomey's fees. Upon reasonably advance written request of the Denton City Council, the City Managar or designate, or any other person, shall make such financial records available for inspection and review by the parry making the request. THEATRE understands and accepts that all such financial records, and any other records relating to this Agreement shall be subject to the Public Information Act, TEx. Gov't CODE, ch. 552, as hereafler amended. 3.4 Quarterly Reports. After initial receipt of hotel tax funds, and within thirty days after the rad of every quarter thereafter, until all funds have been expended and reported to the CITY, THEATRE shall furnish to CITY (1) a performance report of the work performed under this Agreement describing the activities performed pursuant to this Agreement during that contract quarter, and (2) a list of the expenditures made with regard to hotel tax funds pursuant to TEx. TAx CODE §351.101(c). Both the performance and expenditure reports will be in a form either determined or approved by the City Manager or designate (see Exhibit "B'). The THEATRE shall respond promptly to any request from the City Manager of the CITY for additional Information relating to the activities performed under this Agreement. 3.5 Notice of Meetings. The THEATRE shall give the City Manager of the CITY reasonable advance written notice of the time and place of all meetings of THEATRE's Board of Directors, as " well as any other meeting of any constituency of the THEATRE at which this Agreement or any • matter the subject of this Agreement shall be considered. This provision shall not be deetied to require the THEATRE to give notice of any executive session of the E.cecutive Committee of the THEATRE. IV, TERM AND TERMINATION 4.1 Term, The term of this Agreement shall comment(, on January 1, 1999 and terminate at • ; •idnight on Decem'3er 31, 1999. This term shall be a period of one )ear. ~ • • 4.2 Termination Without Cause. (a) This Agreement may be terminated by either party, with or without cause, by giving the other parry sixty (60) days advance written notice, 44 10 1 , r' ~ h• i s 32 x o 0 (b) In the event this contract is terminated by either party pursuant to Section 4.2(a), the CITY agrees to reimburse the THEATRE for any contractual obligations of the THEATRE undertaken by the THEATRE in satisfactory performance of those activities specified in "2.1 and 2.2 above and that were approved by the Council through the budget, as noted in 13.1. This reimbursement is conditioned upon such contractual obligations having been incurred and entered into is the good faith performance of those services contemplated in IM2.1 and 12 above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. Notwithstanding any provision hereof to the contrary, the obligation of the CITY to reimburse the THEATRE or to assume the performance of any contractual obligations of the THEATRE for or under any contract entered into by the THEATRE as contemplated herein shall not exceed 66 2/3% of the current quarterly payment. (c) Further, upon termination pursuant to 94.2(a), the THEATRE will provide the CITY: 1) Within 10 business days from the termination notification, a short-term budget of probable expenditures for the remaining 60 day period between termination notification and contract termination. This budget will be presented to Council for approval within 10 business days after receipt by CITY. If formal approval is not given within 10 business days and the budget does not contain any expenditures that would be prohibited by the Texas Tax Code, and is within the current contractual period approved budget; the budget will be considered approved; 2) Within 30 days, a full accounting of all expenditures not previously audited by the City; 3) Within 5 business days of a request from the CITY, a listing of expenditures that have occurred since the last required reporting pe,od; 4) a final accounting of all expenditures and tax funds on the day of termination. The THEATRE will be obligated to return any unused funds or funds determined to be used improperly. Any use of remaining funds by the THEATRE aPer termination is conditioned upon such contractual obligations having been incurred and cnter.d into in the good faith performance of those services contemplated in 2.1 and 2.2 above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement, 4.3 Automatic T^rnrinstion. This Agreement shall automatically terminate upon the occurrence of any of the following events: i (a) The termination of the legal existence of the THEATRE; (b) The inso}vency of the THEATRE, the filing of a petition in bankruptcy, either voluntarily or involuntarily, or an assignment by the THEATRE for the benefit of creditors; (c` The continuation of a breach of any of the terms or contrition of this Agreement by 6 her the CITY or the THEATRE for more tan thirty (30) da, s after written notice of such . breach is given to the breaching party by the oth-r party; or 0 • (d) the failure of the THEATRE to submit a financial quarterly report which complies with the reporing procedures required herein and generally accepted accounting principles prior to the beginning of the next contract term, or quarterly as required by Section 1.3 hereof. 43 31 x IO . Q i'. 1 v 4.4 Right to Immediate Termination Upon Litigation. Notwithstanding any other provision of this Agreement, to mitigate damages and to preserve evidence and issues for judicial determination, either party shall have the right to terminate this Agreement upon ir.mediate notice to the other party in the event that any person has instituted litigation concerning the activities of the non-terminating party, and the terminating party reasonably believes that such activities are required nr prohibited under this Agreement. 4.5 In the event that this Agreement is terminated pursuant to 114.3 or 4.4, THEATRE agrees to refund any and all unused funds, or funds determined by the CITY to have been used improperly, within 30 days after termination of this agreement. V. GENERAL PROVISIONS 5.1 Subcontract for Performance of Services. Nothing in Us Agreement shall prohibit, nor r be construed to prohibit, the agreement by the THEATRE w,•,h another private entity, person, or organization for the performance of those services described in 12.1 above. In the event that the THEATRE enters into any arrangement, contractual or otherwise, with such other entity, person or organization, the THEATRE shall cause such other entity. person, or organization to adhere to, conform to, and be subject to all provisions, terms, and conditions of this Agreement and to Tex. Tex Coot: ch. 351, including r~Wting requirements, separate funds maintenance, and limitations and prohibitions pertaining to expenditure of the agreed payments and hotel tax funds. 5.2 Independent Contractor. The THEATRE shall operate as an independent contractor as to all services to be performed under this Agreement and not as an officer, agent, aervant, or employee of the CITY. The THEATRE shall have exclusive control of its operations and performance of { services hereunder, and such persons, entities, or organizations performing the same and the J THEATRE shall be solely responsible for the acts and omissions of its directors, officers, employees, agents, and sutconti-actors. The THEATRE shall not be considered a partner or joint venturer with the CITY, nor shall the THEATRE be considered nor in any manner hold itself out as an agent or official represe,.tative of the CITY. 5.3 Indemnification. The THEATRE agrees to indemnify, hold harmless, and defend the CITY, its officers, agents, and employees from and against any and all claims or suits for injuries, damage, loss, or liability of whatever kind or character, arising out of or In connection with the . performance by the THEATRE or those services conror, plated by this Agreement, including all such claims or causes of action based upon common, constitutional or statutory law, or based, in whole or in pan, upon allegations of negligent or intentional acts of THEATRE, its officers, employees, agents, subcontractors, licensees and invitees, 5A Assignment. The THEATRE shall not assign this Agreement without fast obtaintag the writer consent of the CITY. I 5.5 Notice. Any notice required to be given under this Agreement or any statute, ordinance, or regulation, shall be effective when given in wtitieg and deposited in the United States mail, certified mail, return receipt requested, or by hand-delivery, addressed to the respective parties as follows: s 46 >c) IC7 32x~❑ br # 71 " 0 p 1T 1TF ATlZE City Manager Denton Community Theatre, Inc. City of Denton Scott Wilkinson 215 E. McKinney 214 W. Hickory Denton, TX 76201 P.O. Box 1931 Denton, Texas 76202-1931 5.6 Inurement This Agreement and each provision hereof, and each and every right, duty, s: obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation of the CITY and the THEATRE and their respective successors and assigns. 5.7 Application of Laws. All terms, conditions, and provAions of this Agreement are subject rf to all applicable federal laws, state laws, the Chart_r of the City of Denton, all ordinances passed pursuant thereto, and alljudicW determinations relative thereto. 5,8 Exclusive Agreement. This Agreement contains the entire understanding and constitutes the entire agreement between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, express or implied, between or among the parties hereto, relating to the subject matter of this Agreement, which are not fully expressed herein. The terms and conditions of this Agreement shall prevail notwithstanding any variance in this Agreement from the terms and conditions of any other document relating to this transaction or these transactions. 5.9 Duplicate Originals. This Agreement is executed in duplicate originals. 5.10 Headings, The headings and subheadings of the various sections and paragraphs of this Agreement are inserted merely for the purpose of convenience and do not express or imply any limitation, definition, or extension of the specific terms of the section and paragraph so designated. 5.11 5everobility. If any section, subsection, paragraph, sentence, clause, phrase or word in this Agreement, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect mhe validity of the remaining portions of this I Agreement, and the parties hereby declare they would have enacted such remaining portions despite r any such invalidity, i i EXECUTED this_ day of ,1998, THE CITY OF DENTON, TEXAS i ' By: JACK MILLER, MAYOR _ O • ATTEST: APPROVED AS TO LEGAL FORM: 47 ; h K, I ❑ 32 xV10 i+ I I I'~ t 1` 1 s MOM r % By: By:,- JENNIFER WALTERS, ER ROUTY, CITY SECRETARY CITY ATTORNEY DENTON CO ITY THEATRE, INC. By: A A-wz~ talm 1IL&k Chalmum(Director ATTEST: APPROVED AS TO LEGAL FORM: ,T By: _ By: Secretary Wddgrt MQ Dee,nwY:av,u~PNO, I I . i i 48 25 x In 32xlo 1~1r111 `s 01 u { . . . '9, C7 9 a r. , 7 ~ •{~h' i .fir V, 1, K . `t t. r DENTON COMMUNITY THEATRE, INC. 998-1999 - HOT BUDGET FOR DCT ti r { t I'1 i e 44 3 G X i o C ~ n t ^ C t- r Y w , .vr..r ~..C.u.f d~'.~'i'D'a.:. r .4cXrItYM„lan aw~....,.,.._ ..n...r...... . Dote : 11/11/9e DESRON OOMRMITY THEATRE, INC. Fogs n0. 1 ` Time 9 13 FM 714 Nest Mickarr P.O. Box lilt Denton, Tsaa4 147071931 Accomt 9 Accwnt Mama Ttl sdgt 91-$9 ~ r •••HTL OCCP TX . HOT MID HOTEL OCCUPANCY TAX 9,000.00 1 TOTAL REYENOEE s, 000.00 49710 MOT :OMT19100 DCI 5,000.00 ` TOTAL EXPENSES 5.000 00 MET :ROFIT ILOEEI 0. ~ r 4 6, i If *1 r- . . . ! d *k~ 4 ! f ..1 1 JQ y t.`' I P , r 2i,A0 . 32Ad • P r I f r DENTON COMMUNITY THEATRE, INC. 1998-1999 HUT BUDGET „ FOR CAMPUS AND MINORITY PERFORMANCE " i i 1 ' IN i 31 { 25'x 10 32x10 ~1 > h 1 1 i1 1 , 1 l 1 ~ t 4 v +I I r V Data 11/10/11 Dbmw CCfMJMiTY TNIATRI, INC. Page M, 1 Time S:11 PM 310 Nast MLckory P.O. Us 1111 Denton, Tnaa 10301.1111 - 1 ACt UrL I AoeOunt Name Ttl J.10t 91-91 I t ...XTL DCCP TX - NOT--• I - J I llS10.1 NOTJL TAS CAMPUS TRSATRI 5,000.00 TOTAL RSVCNW 5,000.00 I I 01110 1 NOT CAMPUS ADVIRTISINO 1,000.00 01010.1 NOT MINORITY PCRPORMANCL 1,000,00 TOTAL IRP9WSII 9,000 to fI NIT PROFIT (LOFSI 0.00 xl• r. ` r 1 l :t1 52 .a, 25 N• L 32 X IO ~r c~ 1• 1~ ' A . . u.., w..n1..Ww'wow:.:1xNPYxi,a ..,u r..♦ ~ n'. 1 I 4 Y' - r 7v i f. . Ji r Y Y ~ +4Wa ~§14r~a~ ~ t • r ,awe DENTON COMMUNITY THEATRE, INC. 1998-1999 ENTIRE BUDGET x k T I ~ I4 I I I I ' 33 -00 ,~T ~ytR 2~S 32 ~dM mew Mr • Q r . t9M11~ Date i 11/16/91 DINTON COMMUNITY TM7", INC. Pegs no. 1 T1mR S:12 PM 114 Welt Hickory P.O. Sox 1011 Denton, Texas 71707.1011 Account I Account "Ane Ttl Sdyt 91.01 ' OCT L CA"VS.•• 701 CONTRINV7I0NS 0.00 101.1 CONT110MASONS-CAMPUS 0.00 I I19 IoM OrFICI RICIIPTS 100,500.00 70911 IoA Orrza - CAMPUS 1.500.00 710 MsMU"NI PS 11,000.00 711 SIMON TICKETS 07,000.00 111 SIMON PROGRAM SPORHOIU 19,000.00 771 CONCESSIONS 1400.00 ( 01),1 CONCESSIONS-CAMPUS 100100 - r f7 114 rmv FEIN 19,000.00 )19.1 PARTY-CAMPUS 0.00 711 TIMT SALES IUR-CHAAGLS 0.00 )11.1 73CIGi1' SALT SUR-L'NAAGtJ 10,000.00 711 O, D. A. C. CRANTI 9,000.00 116.1 GDAC GRANT • CAMPUS 1,000,00 119 T1 C"10"S ON THE ARTS 7,3/6.00 110.1 TCA GRANT - CAMPUS 0.00 720 GRANTS • OTNEI! 10, coo, 00 )70.1 GRANTS OTHLA - CAMPUS 7,000.00 771 UPINSS UNDFAWAITIDU 61100.00 771,1 UP UNDIRWRITIR - CAMPUS 1,000.00 371 MEADOW FOUNDATION GRANT 0.00 113.1 MEADOWS WANT • CAMPUS 11,)00.00 771 INTERST INCLlO 11100.00 131 RENTAL INCOME 100.00 )76.1 RENTALS CAMPUS 4),000.00 775 Nn TAR - DDT 5,000.00 r 715.1 TNT TAR CAMPUS THLATRL S, OOU.00 171 SRLUCrAST WITH SANTA 1, !00.00 ' 321 PATPOR RLVE)RR 70,500.00 M III I PATRON RraNIII 9,000,00 ` r J, )71 PArDA YEAR D.tG r` 779 ADVIPTI5tAJ 4,000.00 1 ' 714 CAMPUS T. tArRI DONATIONS 0,00 t i w 314.1 DONATIONS • CAMPUS 7,500.00 I 719 SCHOL,,ASNIP FUND 1,000.00 -ti - } 716 LNUOWMDNT 0.00 l Y 1 377 COPILA LRPINSt 10C.00 1 119 CAMPUs CHAI" UNDIRVRITS D. 00 r~ 140 CAMPUS LLICCRICAL 0.00 t ' 'A ] 34C.1 =CrIICAL • CAMPUS 76,000.00 Y' M 141 CAMPUS MRINTINAAC7 • ]11.1 MAINTBNANCI CAMPUS 1,500.00 • ' • yyyy 14) T•SHIATS woo 14) 14'MOR IALS .--••---100 00 y TOTAL RIVINUIS 4)1, i14. 00 r I r 54 0 Date i 1141/51 DO" COMRAIITY THIATRZ. INC. Pale no. 2 Time i 6,12 PN 214 Nest Nlekory P.O. b: 1011 Denton, Te"S 74102-05)1 Account S Account Same Ttl BdSt 91-15 e f 41S ADMINISTRATION EXPSNS9 9.000.00 415.7 ADMINISTRATIOS - CAMPUS 300.00 410 ANAADS 900.00 415 AUDIT 1,OS0.o0 425 1 AUDIT • CAMPUS 450.00 410 ADVSRTIJINO 0.00 412 BAVEAAOLB 2,500.00 09 BILLBOARDS 0.00 441 CONTINOEwN FIND CAMPUS 1,011.00 44111 COATINOENCY rUNO-CAMPUS 5.000.00 441 COPIZA EXPENSE 1,000.00 ISO COSTU415 SI,SS0.00 - 457.1 DEPOSIT SOX OFFICE RITZ" 500.00 411 DEPRICIATSON EXPENSE 0. Do 461.1 DEPRICIA?ION EXPENSE 0 00 461 DRY CLEANSNO 250,00 110 DUDS S SUBSCRIPTIONS 1,200.00 110.1 DUES/SUBS • CAMPUS 1,OOD'00 111.1 9XIC/TIVZ DIR r'JhRY-CAMP 10,25000 41S ELSCCIICAL UTILITIES 0.00 17511 ELACIRICAL CAMPUS 30.000.00 116 SECRETARY - ADMIN 15,615.00 476.1 SXCRITARY CAMPUS 1,115.00 111.1 Box OrFICE NMI - CAMMS 10,000,00 471 EMPLOTDB SALARY 52,250.00 411,1 TECH DIRECTOR - CAMPUS 22,OOO.co 479,1 NIGHT MANAOER CAMPUS 12,000.00 500.2 JI:'IT9RtAL • rAMPUS 1,000.00 410 FEES 41,400.00 410.1 FEES 500.00 415 FOODS 4,500.00 40S.1 FOODS - CAMPUS 1,000,00 191 GAS UTILITIES 0.00 491.1 OAR 4f i LITIES - CAMPUS 4.000,00 192 GROUNDS-UPKrEP 000 192.1 GkOJN.d - CAMPUS 1,000.00 k - 1• HOT DCT ADVIRTIS:Al 5,000.00 • Mil l NOT CAMPUS A VSXTISIN0 1,000.00 j I 491,1 HM MINORITY PERrDRPASCE 2,000.00 fj 195 INSURANCE L 500.00 J 195.1 INSURANCE - CAMPUS 1,200,00 196 iNSUWCE - DCT OT1ER 1,127, 0o y... J 196.1 INSURANCE OMF • CAMPUS 1, 9. J. D0 ] 497 INTEREST EXPEMS9 0,00 500 JMITORIAL a,00 SSE,~~1 SID LICENSES 0 04 D i SID ,1 LICENS9E • CAMPUS 0.00 a'Jy7{ S1S LIGHTS THEATRICAL 170,00 T RSS.1 LIOME CAMPUS 31000,00 92D LOAN 0.00 521 MAXEVP 1 MAIASTYLES 420 00 125 MEST)NOS S CDNVENTIONS 0.00 ss 1 r ?r k H ) 32x 6 • I o l T414r ..+..L. . . Data , 11/14/91 Dtmw COMMUNITY TA"I". INC. Page M, 1 Time : 1,17 PH 714 Nut Hickory P.O. Nos 1031 Denton, Taxes, 16707.1111 Account S Acca nt Nerve Ttl Sdgt 91.90 930 MEMBtF-HEPS 0.00 i ' 935 t15RSttrm 500.00 565 PAYR ILL TAR ERPENSI 91111.00 $61.1 ➢AYA OLL TAX CAMPUS 4,917.00 150 PHDTOJ 190.0A S55 POSTAGE 17,F15. 00 555.1 P09TAOJ - CAMPUS 610.00 360 PRINT ADVERTIJT110 111101.00 96011 PRINT ADS • CAMPUS 1,000,00 ' S65 PRINTING 1, 110. pA 565.1 PP.SNT IMO - CAMPUS 4DO.00 510 PROPS 71770.00 $iS PROCEEDS TO V9MJORS 0.00 510 PRODUCTION COSTS 1,600.00 SI3 PRO'3AA149 7,500.00 515 PAD 10 ADVIATISINO 0.00 S90 RENTAL! 11,34D.00 610 REPAIRS 150.00 610,1 P.EPAIRSIMAINT - CAMPU7 6.000.00 119 ROYALTIES 1/,6S000 071 SECVIIITT 0.00 675,1 SEC-WITY • CAMPUS 1,950 00 610 SCHOLARSHIPS 11000.00 675 S':R I PIS 100.00 ' 631 SET CONSTRUCTION 6,906.00 649 SOUND 0.00 660.1 OUND - LAMP-J9 0.00 611 SEASCM SLBSCIPTION 7,700.00 615 SUPPLIES - OFPICT 4,150.00 145 1 SUPPLIES - CAMPUS 1,000.00 650 SUPPLIES - OTHER 950.00 , 65011 SUPPLIES OTHER - CAMPUS 700.00 ASS 50UND 0.00 66S TILEPHOI4 7,700.00 645.1 TELEPH06E - CAMPUS 1,600.00 A 661 TICKETS 0.00 ` 661.1 TICKETS - CAMPUS 1,000.00 it 615 TPANSPOPATIPWS 0.00 1 611 T-SHIRTS 0,00 . I 410 TRAVEL S TRANSPORTATION 1,100,00 1 610.1 TPAVEL/TRANS • CAMPUS 0.00 615 WATER DRINRINO 0.00 1 619.: WI.TER DPINKIWI • CAMPUS 700.00 611 MAZES - YMPLCAMPU O.DO . 611 1 NORK.S N.'° l'N3PUS D.DD . . 690 WORKSHOPS no. cc 701 DAD DEETS .-0 00 •t^ , r~ q F TOTAL SRPENSSJ 117,311.00 1 NET PROFIT ILOSSI 4,111 00 56 " nt 32 Q r^ .gym. mer ,^r.-.,.-.. _ , e 4 q i. -4' . sta. . : . DENTON COMMUNITY THEATRE, INC. 1998-1999 DCT BUDGET t k~+ i aJ' 1 'i~ ~ H £r~n 57 -w- OF • f i I DENTON COMMUNITY TW!TRE, INC. Pt91 no. ) Date I1 /79/91 T1me a 1:51 AM 716 "'pt "W Wry P.O. Iln% 1131 Denton, Tabu 16202-7971 Accou0t 1 Account Nana Tel 9d9t 53-99 y OCT, INC.... 304 C0 M13UTIONS 0.00 709 901 OFFICE RECEIPTS 100,500 DO 1l0 MENIDLASHIPS 71,000,00 311 PLASM TIC>1T9 6T,000TDD 312 SIMON FROOSAM SPONSOM 19, GOD, co ILI CONCESSIONS 1,000.00 316 ENTRY FEES 79,000.00 'i 711 0. D, A.C. ORANtS 11000.00 319 1'E CUSMION9 ON 7H6 M19 7,31/,00 r 770 ORANTS • 0TN£1 10,000.00 / i.'. )7l EIPENDE IINDERWRITER9 11700:00 323 MEADOW P00NDATnON OAAt9T 0.00 t, 371 INT£RST INCCME 1,700,00 771 RENTAL INCOME 100,00 375 HOTEL\MDTEL TAI 5.070.00 376 9PEARFAST NITH SANTA 1,500.00 127 PATRDI6 Rri" 70,500.00 321 PRIOR YEAR 0,00 329 ADVERTISERS 61600.00 134 CAMPUS THEATRE DONATIONS 0,00 335 SCHOIARSNIP FM 1,000.00 ' 376 ENDOWMENT 0.00 i , 33' COPIER IXPSNSE 100.00 339 CAMPUS CHAIRS UNDERWRITE 0.00 140 CAMPUS ELECTRICAL D,00 341 CAMPUS MAINTENAN3l 0.00 ; 3:2 T-SHIRTS 50.00 717 AMLMONIAL9 Y70. 00 4 TOTAL REVEIVAS 111,091.00 410 CNA401 I11NLS 0,00 , - 715 ACNMIRSSTAATIDN EXPENSE 9,OD0. 00 f pp 120 ANARDS 900,00 3 42S AUDIT 1,050.00 1 430 ALNERT I R INL O,OD 432 BEVE"J 'S 1T50000 1 435 BILLPOAPDS 0.00 613 COPIER EXPENSE 1,000.00 ' w"•`t ; SH 1 3I~ i. 32 x a YLL'ilLIL 'f- 1 ' O Date , WWII DEMON COMMUNITY THEAIRE, INC, Page no, ) Time 1,54 AM 114 Neat Nlckary P.O. Boa 1111 Denton, TeAa1 16)0]-1911 Account 1 Acccunt Name Ttl Idgt 11.19 5 4 450 COSTUMES 11,SSO.00 461 1 IECIATION EXPENSE 0,00 469 DRY CLEANING 750 00 - , 410 WES 1 SUBSCRIPTIONS 1,700,00 41S ELECTRICAL tn:LIIIES 0.00 416 SICRITARY - ADMIR 191619.00 476 EMPLOYEE SALARY-EX 6 ASST S11250.00 i 410 PIES 41,{00,00 41S FOODS 4,11D0, 00 411 OAS UrILITICS 0.00 ! 493 OROUNDS-UPKEEP O.DO 49) NOTEL OCCUPANCY TX/ADV S,c00.D0 49S 1NSIIRANCE 7.100 ,00 496 INSITANCE • DCT OVER 497 ImpyrfiT EXPENSE 0.00 SOD JANITORIAL Sic LICENSEE D.0O SUS L:IHTS - THEATRIM 170.00 570 WAN OAD Sil MAKEUP i HAIRSTYLES 170.00 $15 MEETIMOS a CONVENTIONS 0.00 SID MMIRSHIPS 0.00 51S NEWSLETTER 500.00 540 OPEN NICKt PkRTIIS 0,00 $45 PAYROLL TAX EXPENSE 5,411.00 SSO PHOTOS 150.00 SSS POSTAGE 13, 9iS 'CO 560 PAINT kDVEPTISINO 11,100.00 $65 PRINTtwU 9,SID.00 570 PPOPS 1,010.DC 575 FRXEEDS TO VENDORS D.DO 5P0 PRODUCT: DN COSTS 3,600.00 561 PRCr:R/MS IADD, 00 565 AMMO/TELL ADVEPTISINO 0,00 594 PENTALS 11,160,00 T~ 610 PEPA!PS ISO, 05 , 615 ROYALTIES 14,650.00 • 6)5 SECURITY D,OD w6n AGHGI.APS N I P9 11 DOG, OD 615 SCMIFT.S 70CAD 671 SET CONSTRUCTION 6, DA. C0 640 SOUND 0,00 641 SEAS:N SUBSCIPTION ),).0.00 145 FOPPLIES - OFFICE f,110 00 AA 65O SUPPLIES DTHEP ISO cc 1 655 FOLNU O. 00 ' 59 2~i x :32X mom 1 s , . 910161 ~ w , Data , 11/19/91 DEN'POW COMMUNITY THEATRE. INC. Peg• no. 2 t r Time i 4,56 AM 116 Nest Hickory P.O. Box 1971 i Dent=, Teaus 76101.1921 i Account 0 Account Name Ttl edgt 9149 P 669 TELEIHONE 7,100.00 667 TICKETS 0.00 670 TOIIRINO 0.00 675 TRANSPORATIONS 0.00 671 T-SHIRTS 0.00 610 TRAY6L 6 TRANSPORTATION 1,100.00 I 695 WATER ORINKINO 0.00 641 WAGES/WRKSTOY - EMPLOYEES 0.0u w i 690 WORRSHOPI 1D0, 00 700 HAD DEBTS 0.00 Y TOTAL EXPENSES 165,167. 00 `j NET PROFIT ILOSS) 15,217.00 .t i 1 , 7 .Mt ~ w 60 i ~Tr 10 32X d , 1 , Il f tss;'q Lai y K .u DENTON COMMUNITY THEATRE, INC. 1998-1999 CAMPUS THEATRE BUDGET r , t ~ { { r'y • sr •;i 1 7 i e k , 1 61 1 4 i r ~ r g e~ X32 X . O + i . 11111 Date r 11/1091 Der" CUffiMITY TSMATRS, INC. Page no. 1 _ Tims 1 5:17 PM 711 Meat Mlckory . O.O. IOW 1171 Denton, Taws 76;02.19)1 Account 4 Account Mama Ttl east 91.11 e ...CAMPUS TNEATAD.• 701.1 DONS TSUTIO'S-CAMPUS 0.00 109.1 ROSS OFOIC19 • CAMPUS 1,SD0.00 113.1 CONCESSIONS-CAM 1 400.00 . 31511 PAATY-CAMPUS 0.00 429.1 TICEIT SA3,11 SUR•CNARGtS 10,000.00 _ 111.1 aDAI' GRANT • CAMPUS coo 00 119.1 TCA GRANT • CAMPUS 0.00 170.1 GPARTS OT14LA - CAMPUS 2 , c o o . 00 371.1 62P UNDRARRITZR • CAMPIrs 1,000.00 7771 MEADOWS CRAM • CAMPUS 14,7D0.00 124.1 RENTAL! • CAMPUS 42,000.00 17511 WOT TAX CANPtrS TMEATAt 6,000.00 177,1 PATRON RIVS" 1,000.00 171.1 DONATIONS - CAMPUS 7,500.00 140.1 ELECTRICAL CAMC.IS 11,000.03. 111.1 MA210l'LNAMC11 CAMPUS 2, Soo.01 TOTAL REOCNUES 127,500 00 41S2 "MISTRATIYL - CAMP-IS 100 AD 475,1 T11DST - CAMPUS 150L~ - 461.1 CONTINGENCY FUND-CAMPl1S S,000.Oo IS7.1 DEPOSIT BOR OFF'Ct RLTURM $00.00 161,1 DEPRIVATION EAF1795t 0.00 470 1 DUEA/SUBL - CAMPUS 1,000.DC 474.1 EXELWI4 Ni..nL"Y•CAMP 10,250.00 475.1 ELECTRICAL CAMPUS 70,000.00 Alcl SECRETARY CAMPV9 7,115.00 417.1 Not OFPICL MON CAMPUS 10, o0000 1 t' 4^71.1 TECH DIRSCTOA CAMPUS 22,000,00 1 479.1 WICNT MANNER CAMPUS 11,000.00 h 610,1 FEES S0030 n . {91.1 NOT CAMPUS ADVERTISPIO 7,L'00.00 {9. .1 NM MINORITY V-,o.,ANCC 1 000.00 t 1 r 500,1 UAMITORIAL - CAMPUS 1,007 00 1 I 555,1 POSTAGS • CAMPLT {OD. DO - 4 -dry' 465,1 FOODS - CAMPUS 1,02.00 1 1 411.1 GAS UTII.IT18a • CAMPUS 41OD0, 00 I c 1. 497.1 aKmWA • CAMPUS 1,000.00 495.1 INSLI"cil - CAMPUS 1,200.00 I M j . 496,1 IMSURANCL CAMP • CAMS 1,970.00 510,1 LICLMSId - CAMPUS 0.00 515I IIJR12 • CAMPUS 7, OTq,OO I 4 SIl.1 PAYPOLL TAX - CAMPUS 4,917,D9 1 ` , PAINT ADS • CAMPUS I,000.ro 5901 549.1 PRINTI110 - CAMPUS {OD.IO Al N0.1 PESAIRS/MAIMT • CAMPUS 4,000 00 k r, 62 { 1 :a *°1ti rE 25 x fa 301) x l~ ~ - e.>L. - ~NJ r H " - 1 ..r mass % I I s Date , 11/14/11 Wn'ON C0K"ITY T1tUl", LSC. P101 no. T T1ee' . 9:11 PH 714 Soft NLOkUrY P.O. Ras 1111 Denton, Texas 74107.16:1 ACum,nt A Account Nsme Ttl 'aJSt 9149 . 635.1 RRC!ALTY - CAMPUS 2,950.0c 619 1 S0M - CAMP S 01.0 645.1 SUPPLI9J - CAMPUS 4,000.00 00.1 SUPPLLRS OTHER - CAMPUS 100.01 465.6 TRLRPHONt - CAMPUS .1.400.00 467.1 TtCSRT/ - CAMPUS 1,000.00 - 1101 TPAYRL/TIW.3 • CAMPUS 0,00 615.1 SATs DRINXQIO - CAMPUS :19,00 111 1 MOAASTVDY -CAMPUS r.00 _ j ~i: TC`.AL AAPCNSCS 745.571.00 ✓Y NST 6?OPLT ILOSSI •11,611.00 i j • i 'M { ud I „ 63 1 0 M I1 1 r9V~r~ I ' i DENTON COMMUNITY THEATER FINANCIAL REPORT Proprem Year Inn I~ + {nr«;' "x` A 1ST 2ND 3RD 4TH BUDGET 4~s'1, L { #(QUARTER QUARTER QUARTER VUARTER YEAR TO VS AP ROVED 8U00 {Jan-Mar) (Apr-Jun) (Jul-Sep) (Oct-Dec) DATE ACTUAL i BeGInnln9Cash nu 1^ So $0 SO $0 $0 $0 Receipts ' • ;kj , ; i`?ar Occupancy Tex , h',!i10,00 $0 o Soo $o o $10,000 Interest Income Total Receipts 10000 SO SO 0 0 510,000 Disbumemenb t! et OOuutsaCity $61000 $0 $0 $0 $0 $o $5,000 Events y' 3,000 0 0 0 0 0 3,000 Mlr*dty Productions F 006 0 0 0 0 0 2,000 Total AdvertlelTlQ FI-, 10,000 $D SO $O 50 $10,000 Total Dlatxrrsements 10.60d $0 SO SO $0 SO $10,000 Excess of I< r t,~; r» RacelptslDisbursemenb SD $0 SD $0 $0 50 $O $O $0 S0 So SO End Ing Cash' RECONCILIATION Caelr en Hand $0 $0 $0 $D $D SO Less Outstsndinp Checks p 0 0 0 0 0 0 Othai Adjustments 0 0 0 to 0 t# ' ''t ,'t J y f Bank Bafanes $0 $0 so to 0 1 ' 4,1 d.; i e 11?. Variance sPo>fl $O SO $O SO SO $0 j I , Program Director 0 • Dale Submitted IV% r54 32x .mm.u 0 "slow i ORDINANCE NO. AN ORDINANCE AUTHORIZING THE M,kYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE NORTH TEXAS STATE FAIR FOR THE PAYMENT AND USE OF HOTEL TAX REVEMIE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the Mayor is hereby authorized to execute an agreement between the City of Denton and the North Texas State Fair for the payment and use of hotel tax revenue, under the terms and conditions contained in the agreement, a copy of which is attached hereto and made a part hcreof. SECTION 11, That this ordinance shall become effective immediately upon its passage and approval. f PASSED AND APPROVED this the day of 1998. JACK MILLER, MAYOR 1 ATTEST: JENNIFER WALT ERS, CITY SECRETARY " I ^ BY: APPROVED AS TO LEGAL FORM: { HERBERT L. PROUTY, CITY ATTO)21~EY BY:~/ p p 65 10 32'X 10 i s AGREEMENT BETWEEN THE CITY OF DENTON AND NORTH TEXAS STATE FAIR (CY19".2001) PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE THIS AGREEMENT made between the City of Denton, Texas, a municipal corporation (the "CITY'), and the North Texas State Fair, a non-profit corporation, incorporated under the laws of the State of Texas (the "FAIR'): WHEREAS, Tex. Tax Code §351,002 authorizes the CITY to levy by ordinance a municipal hott.i occupancy tax ("hotel tax') not exceeding seven percent (7%) of the consideration paid by a hetel occupant; and %IIEREAS, by ordinance, the CITY has provided :br the assessment and collection of a municipal hotel occupancy tax in the City of Dentcy of seven percent (7%); and WHEREAS, Tex. Tax Code §351.101(x) authorizes the CITY to use revenue from its municipal hotel occupancy tax to promote tourism and the convention and hotel industry by advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity; and WHEREAS, the FAIR is well equipped to perform those activities; and WHEREAS, Tcx. Tax Code §351.101(c) authorizes the CITY to delegate by contract with the FAIR, as an independent entity, the management and supervision of programs and activities of the type described hereinabove funded with revenue fru the municipal hotel occupancy tax; NOW, THEREFORE, in consideration of the performance of the mutual covenants and promises contained herein, the CITY and the FAIR agree and contract as follows: 1. HOTEL TAX REVENUE PAYMENT 1.1 Consideration. For and in consie-ation of the activities to bu performed by the FAIR under this Agreement, the CITY agrees j pay to the FAIR a portion of the hotel tax revenue r collected by the CITY at the rates and in the manner specified herein (such payments by the CITY • to the FAIR sometimes herein referred to as the "agreed payments" or "hotel tax funds t 1.2 Amount of Payments. (a) As used in this Agreement, the following terms shall have the following specific f i meanings: • (i) The term 'hotel tax revenue" shall mean the gross monies collecteo and • • received by the City as municipal hotel occupancy tax at the rate of scvc!t percent (7%) of the price paid for a room in a hotel, iursuant to Texas Tax Code 351.002 and City Ordinance. Hotel tax revenue will include penalty and interest related to the late payments of the tax revenue by the taxpayer. W ~yl. « T 'r ~rx LX I0 32X V h i (ii) The tern "Collection period" will mean the collection period for the Cli f's 1 fiscal year. It will include hotel tar revenue due to the City for the relevant fiscal year and collected through the 22nd day of the month following the close of the relevant fiscal year, (iii) The term "base payment amount" shall mean a net amount of money equal to the total hotel tax revenue collected by the CITY during any relevant period of time (l.e., fiscal year or fiscal quarter), less (l) attorney and auditing costs incurred during such relevant period of time for costs of collection or auditing of hotel taxpayers. Attorney and auditing costs include fees paid to attorneys or agents not in the regular employ of the CITY for which attorneys or agents effect compliance or collection of the hotel tax from taxpayers; and (2) court cogs and other expenses incurred in litigation against or auditing of such taxpayers, I (iv) The term "contract quarter" shall refer to any quarter of the calendar year in which this A~rcement is in force. Contract quarters will end on March 31", June 30ei, September 30 , and December 3l" of each contract year. (b) In return for satisfactory performance of the activities set forth in this Agreement and all attachments hereto, the CITY shall pay to FAIR an amount of money in each contract year equal to the lesser amount of; Nine and Eighty-Two One Hundredths percent (9.82Vi) of the annual base payment amount or the fixed contract amount of Eighty-one Thousand Six . iundred Two Dollars (581,602). This amount will be divided into quarterly payments equal to 25% of the annual fixed contract amount, unless the CITY can show with reasonable certainty that the annual base payment amount will be less than originally estimated for the fiscal year. The fourth quarterly payment will represent 25% of th^ fixed contract amount or the unpaid remainder of 9.82% of the base payment amount, whichever is less. Each quarterly payment is subject to receipt of unused funds from the prior contract period and the receipt of the required quarterly reports. Funding for calendar year 2000 and calendar year 2001 is dependent upon, and subject to, budget approval by the City Council for those periods. Upon, and subject to, budget approval, the budgeted annual payment for calendar yeas 2000 and 2001 are subject to an annual escalation of not more than 4%. 1.3 Dates of Payments. (a) The tern "quarterly payments" shall mean payments by the CITY to the FAIR of those amounts specified in 11.2, above, as determined by the hotel tax revenue collected. (b) Each quarterly payment shall be paid upon receipt of the required reports and after the 25" day following the last day of the contract quarter. If quarterly financial and performance reports are rot received wit, tin thirty (30) days of the end of the applicable contract qt arter, the recipient mt; be held in breach of this Agreement. The CITY mi,.s withhold the quarterly payrient(s) until the appropria+.e reports are received and approved, vvldch approval shrill not d • unreasonably bcwithheld. Page 2 67 25 r' 10 \I 2 X 10 . 0 M1 n ' ~IIR~FY 1.4 Other limitations regarding consideration. (a) The funding of this project in no way commits the CITY to future funding of this program beyond the current contract period. Any future funding is solely the responsibility of the FAIR. (b) It is expressly understood that this contract in no way obligates the General Fund or any other monies or credits of the CITY. Further, FAIR understands that funding for the CY2000 and CY 2001 years is expressly contingent upon the availability and allocation of budgeted hotel tax funds during CITY's FY1999.2000 and FY2000-2001 budget years, respectively. (c) CITY may withhold further allocations if CITY determines that FAIR's expenditures deviate materially from their approved budget. 11. USE OF HOTEL TAX REVENUE 2.1 Ilse of Funds, For and in consideration of the payment by the CITY to the FAIR of the agreed payments of hotel tax funds specified above, the FAIR agrees to use ruch hotel tax funds only for advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity;; as authorized by TEX. TAX CODE §351,101(a). Funds for any calendar year which are unused by midnight Decer-Ser 31" of that year shall be refimded to CITY within thirty (30) days. 2,2 Administrative Costs. The hotel tax funds received from the CITY by the FAIR may be spent for day-today operations, supplies, salaries, office rental, travel expenses, and other administrative costs that are incurred directly in the performance by the FAIR of those activities specified in 112.1 above and are allowed by TEX, TAX CODE §351.101(}). 2.3 Specific Restrictions on Use of Funds. (a) that portion of total administrative costs of the FAIR for which hotel tax funds may be used shall not exceed that portion of the FAIR's administrative costs actually incurred in conducting the activities specified in ¶2.1 above. E (b) Hotel lax funds may not be spent for travel for a person to attend an event or conduct • an activity the primary purpose of which is not directly related to the promotion of local tourism and the convention and hotel industry or the performance of the person's job in an efficient and professional manner. 111. RECORDKEEPING AND REPORTING REQUIKNIF.M • 3,1 Budget. ~ • • (a) The FAIR shall prepare and submit to the City Manager of the CITY an annual budget (see Exhibit "A') as approved by the City Council for each calendar year, for such operations of the FAIR in which the hotel tax funds shall be used by the FAIR. This budget shall specifically Identify proposed expenditures of hotel tax funds by the FAIR, In other words, the CITY should be able to audit specifically where the funds in the separate account relating to hotel tax funds will be Page 3 68 =a' 32X10 .,.attaw _ 0 0 M k..YOR;IRi 5 expended. The CITY shall not pay to the FAIR any hotel tax revenues as set forth in Section 1 of this contract during any fiscal year of this Agreement unless a budget for such respective fiscal year has been approved in writing by the Denton City Council authorizing the expenditure of funds. Failure to submit an annual budget may be considered a breach of contract, and if not remedied is considered grounds for termination of this Agreement as stated in paragraph 4.2. (b) The FAIR acknowledges that the approval of such budget by the Denton City Council creates a fiduciary duty in the FAIR with respect to the hotel tax funds paid by the CITY to the FAIR under this Agreement. The FAIR shall expend hotel tax funds only in the manner and for the purposes specified in this Agreement, TEX. TAX CODE §351.101(a) and in the budget as r approved by the CITY, 3.2 Separate Accounts. The FAIR shall maintain any hotel tax funds paid to the FAIR by the CITY in a separate bank account with segregated accounting, such that any reasonable person can f r:view the source of expenditures of ux; funds. A bank reconciliation report (see Exhibit "B') is required with each quarterly report. 3.3 Flnanclal Records. The FAIR shall maintain complete and accurate financial records of each expenditure of the hotel tax funds made by the FAIR. These bards are required to be classified as restricted funds for audited financial purposes, and may not be used for supporting services, including, but not limited to, auditing fees and attorney's fees. Upon reasonably advance written request of the Denton City Council, the City Manager or designate, or any other person, shall make such financial records available for inspection and review by the party making the request. FAIR understands and accepts that all such financial records, and any other records relating to this Agreement shall be subject to the Public Information Act, TFv. GOV'T CODE, ch. 552, as hereafter amended, 3.4 Quarterly Reports. Within thirty days after the end of every contract qua ter, FAIR shall furnish to CITY; (1) a performance report of the work performed under this Agreement describing the activities performed pursuant to this Agreement during that contract anartrr. and (2) a list of the expenditures made with regard to hotel tar funds pursuant to TEX. TAX CODE §351.101(c). Both the performance and expenditure reports will be in a form either determined or approved by the City Manager or designate (see Exhibit "B"), The FAIR shall respond promptly to any request from the City Manager of the CITY, or designate, for additional information relating to the activities • performed under this Agreement. 3.5 Notice of Meetings. The FAIR shall give the City Manager of the CITY reasonable adv;Lnce ,%Titten notice of the time and place of all meetings of FAIR's Board of Directors, as well as m,y other meeting of any constituency of the FAIR at which this Agreement or any matter the subject of this Agreement shall be considered. This pro iision shall not be deemed to require the • FAIR to give notice of any executive ses!•ion of the Executive Committee of the "AIR. O • IV, TERM AND TERMINATION 4.1 Term. 7lre tern of this Agreement shall commence on January I, 1499 and terminate at midnight on December 31, 2001. This lean shall be a period of three years. Page 4 69 32x10 aara..a ' o 1 4.2 Termination Without Cause. (a) This Agreement may be tenninated by either party, with or without cause, by giving the other party sixty (60) days advance written notice. (b) In the event this contract is terminated by either party pursuant to Section 4.2(a), the CITY agrees to reimburse the FAIR for any contractual obligations of the FAIR undertaken by the FAIR in satisfactory performance of those activities specified in "23 and 2.2 above and that were appro•rnl by the Council through the budget, as noted in 13.1. This reimbursement is conditioned up)n such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in S923 and 2.2 above, and further conditioned upon such contractual obligations having a term not ex:eeding the full term of this Agreement. Notwithstanding any provision hereof to the contrary, the obligation of the CITY to reimburse the FAIR or to assume the performance of any contractual obligations of the FAIR for or under any contract entered into by the FAIR as contemplated herein shall not exceed 66 2/3% of the current quarterly payme.it, (c) Further, upon termination pursuant to 14.2(a), the FAIR will provide the CITY: 1) Within 10 business days from the termination notification, a short-term budget of probable expenditures for the remaining 60 day period between termination notification and contract termination, This budget will be presented to Council for approval within 10 business days after receipt by CITY. If formal approval is not given within 10 business days and the budget does not contain any expenditures that would be prohibited by the Texas Tax Code, and is within the current contractual period approved budget; the budget will be considered approved; 2) Within 30 days, a full accounting of all expenditures not ; eviously audited by the City; 3) Within S business days of a request from the CITY, a listing of expenditures that have occurred since the last required reporting period; 4) a final accounting of all expenditures and tax funds on the day of termination, The FAIR wilt be obligated to return any unused funds or funds determined to be used improperly, Any use of remaining funds by the FAIR after notification of termination is conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in 2,1 and 2.2 above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. i 4.3 Automatic Termination. This Agreement shall automatically terminate upon the • occurrence of any of the following events: (a) The termination of the legal existence of the FAIR; (b) The insolvency of the FAIR, the fling of a petition in hanlwptcy, either voluntarily or involuntarily, or an assignment by the FAIF for the benefit of creditors; • (c) The continuation of a breach of any of tle terms or conditions of this Agreement by 0 • either the CITY or the FMR for more than thirty (30) days after written notice of such breach is given to the breac}„ ng party by the other party; or page S 70 1 ❑ 32 x~ 1 ~ r p w (d) The failure of the FAIR to submit a financial quarterly report which complies with the it reporting procedures required herein and generally accepted accounting principles prier to the beginning of the next contract term, or quarterly as required by Section 13 hereof, " 4r4 Right to Immediate Termination Upon Litigation. Notwithstanding any other provision of this Agreement, to mitigate damages and to preserve evidence and issues for judicial determination, either party shall have the right to terminate this Agreement upon immediate notice to the other party in the event that any person has instituted litigation concerning the activities of the non-terminating party, and the terminating party reasonably believes that such activities are required or prohibited under this Agreement. 4.5 In the event that this Agreement is terminated pursuant to 114.3 or 4.4, FAIR agrees to refund any and all unused funds, or funds determined by the CITY to have been used improperly, within 30 days afler termination of this Agreement, V. GENERAL PROVISIONS 5.1 Subcontract for Performance of Services. Nothing in this Agreement shall prohibit, nor be construed to prohibit, the agreement by the FAIR with another private entity, person, or organi- zation for the performance of those services described in 12,1 above. In the event that the FAIR enters into any arrangement, contractual or otherwise, with such other entity, person or organization, the FAIR shall cause such other entity, person, or organization to adhere to, conform to, and be subject to all provisions, terms, and conditions of this Agreement and to TEx. TAx CODE ch. 351, including reporting requirements, separate funds maintenance, and limitations and prohibitions pertaining to expenditure of the agreed payments and hotel tax !'ands. I 5.2 Independent Contractor. Thk ' '.[R shall operate as an independent contractor as to all services to be performed under this Agreement and not as an officer, agent, servant, or employee of the CITY. The FAIR shall have exclusive control of its operations and performance of services hereunder, and such persons, entities, or organisations performing the same and the FAIR shall be solely responsible for the acts and omissions of its directors, officers, employees, agents, and subcontractors, The FAIR shall not be considered a partner or joint venturer with the CITY, nor shall the FAIR be considered nor in any manner hold itself out as an agent or official representative of the CITY. A 5,3 Indemnification, The FAIR agree4 to indemnify, hold harmless, and defend the CITY, its officers, agents, and employees from and against any and all claims or suits for injuries, damage, loss, or liability of whatever kind or character, arising out of or in connection with the performance by the FAIR or those services contemplated by this Agreement, including all such claims or causes of action based upon comm in, constitutional or statutory law, or based, is whole or in l ail, upon allegations of negligent or intentional acts of FAIR, its officers, employees, agents, subcontractors, Q licensees ariJ invitees. Q • 5r4 Assignment. The FAIR shall not assign this Agreement without first obtaining Cie written consent of the CITY. Page 6 71 .32 X ID 0 0 I 5.5 Notice. Any notiri required to be given under this Agreement or any statute, ordinance, or regulation, shall be effective when given in writing and deposited in the United States mail, certified mail, return receipt requested, or by hand-delivery, addressed to the respective parties as follows: OIIY EAIB City Manager North Texas State Fair Association City of Denton James Roden 215 E. McKinney Executive Director Denton, TX 76201 P.O. Box 1695 Denton, Texas 76202.1695 5.6 Inurement. This Agreement and each provision hereof, and each and every right, duty, obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation of the CITY and the FAIR and their respective successors and assigns. 5.7 Application of Laws. All terms, conditions, and provisions of this Agreement are subject to all applicable federal laws, state laws, the Charter of the City of Denton, all ordinances pissed pursuant thereto, and all judicial determinations relative thereto. 5.8 Exclush,e Agreement. This Agreement contains the entire understsnding and cometitutes the entire agreement between the panics hereto concerning the subject mater contained herein. There are no Representations, agreements, arrangements, or understandings, oral or written, express or implied, between or among the parties hereto, relating to the subject matter of this Agreement, which are not fully expressed herein The terms and conditions of this Agreement shall prevail notwithstanding any variance in this Agreement from the terms and conditions of any other document relating to this transaction or these transacuous. 5.9 Duplicate Originals. This Agreement is executed in duplical: originals. 5.10 Headings, The headings and subheadings of the carious sections and paragraphs of this Agreement are inserted merely for the purpose or convenience and do not express or imply any limitation, definition, or extension of the specific terms of the section and paragraph so designated. 5.11 Severability. If any section, subsection, paragraph, sentence, clause, phrase or w.rrd in this Agreement, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Agreement, and the panics hereby declare they would have enacted .such remaining portions despite any such invalidity, . 5.12 Insurance, The FAIR shall provide insurance as follows: O • $500,000 Commercial Oeneral Liability Statutory Workers' Compensation and Employers' Liability ($1 OO.0003500,G004100,090) $500,000 Business Automobile Liability on any owned, non-owned or hired vehicles Page 1 72 10 32XIO 1 1 I S Y • 0 i 440orm The CITY must be named as an additional insured on all policies (except Workers' Compensation) and proof of coverage shall be submitted prior to any payment by the CITY, ' EXECUTED his_ day of 11998. THE CITY OF DENTON, TEXAS By: JACK MILLER, MAYOR i ATTEST: APPROVED AS TO LEGAL FORM: By: By: y f~ JENNIFER WALTERS, ~ HER iMIT L. PR9~11910- CITY SECRETARY CITY ATTO~Y NORTH TOW STATE FAIR By: Qtl~d-'11 C arvDirector ATTEST: APPROVED AS TO LEGAL FORM: By: Y By: Secretary Nk IWtd~fldlM Mwn~nf{mul~'?IJbi [aeal'MN b1 l 1 A 4 I I a Pose E 13 ; y. ,L5 x 10 32X Cl gloom 0 tmmw .r . ,o Jorge ne,md rlum Mill Jlneb Juvo,uJ ,w,.ww it i~ ,~y..•~.~ , i North Texas State Pair Budget (Resised) 4 ~O~ Adrerligin ~(AMONnJ Printing 13,000 Ad%ertising 23,000 Postage 2.000 Telephone 3.300 43,300 .I Axrinlstraliax Salaries 26,102 Opiraling. Utilities 5,000 O111ca Supplies 1,000 Equip. 11ain1. $00 Semites: Audit 1,500 Equipment Office Equip, 2.000 36.102 lirlal 81,602 i 1 YI 1I 1 1 1 , 74 32 X 2 5 e 0 NORTH TEXAS STATE FAIR FINANCIAL REPORT i Program Year 1999 ` `I *a 1ST 2ND 3RD 4TH o~ IV ' QUARTER QUARTER QUARTER QUARTER YEAR TO BUDGET VS APPROVED BUDGET (Jsn-Msr) (Apr,lun) (Jul-Sep) (Oct•Cec) DATE ACTUAL BegRminacash r~ SO $0 $O $0 $O $O ri' r 1. • rsw •r r , ~ Rerwtpb I,s:iyra Jar,;,+f,?i~, Ooapancy Tax ~I X81,602 $0 $0 $0 t0 $0 $81,L02 tntorestIncome ° Mr.`..0 0 0 D v 0 0 Total Receipts " e02 0 $0 $0 so 0 81,602 Disburssmsnts) t , fn ,t„ Bdvedielttp ~ .t, ~r . d, - PrintIng ✓ a h u ."$J4060 $0 s0 $0 So $0 $15,000 Adveroelnp I` y5,eoo 0 0 0 0 0 25,000 Postage x,000 0 0 0 0 0 2,000 Telephone %Sb00 0 0 0 0 C 3.500 Total Adver6eingh'rl f i 4+`,b00 0 s0 s0 0 $0 45,500 Administration ,L "4!t- ' Salado$ ww " r ,102 $O SO $O $0 SO $26,102 S Operating r -'d „ ~:#!y ~ , UU110e! ^8,000 0 0 0 0 0 5,000 Offled Equ1p supplies 'n 1,000 Equ1p Maim. 0 0 0 0 0 500 Servk u 1 e A-41 0 0 0 0 0 1,500 Offlce Equipment C .2000 0 0 0 0 0 2,000 TotalAdminlstmtlon +'j 351102 $0 0 $0 0 s0 $36,102 Total Disbursements ; q •'$il602 $0 $0 so $0 so $81,602 Excess of i.'t "1 s 1 ! + ¢ RerolptsiDlsbomer4nis to so $0 $0 $0 s0 Ending Cash So $0 s0 s0 s0 so s • RECONCILIATION ,'Ira~ Cash on Hand p % SO $0 $0 $0 $O SO Lose Outstanding Checks 0 0 0 0 0 0 Other AdjusI »ae % f`t 0 0 0 G 0 00 Bank Balsoce hea 0 7y ' S} Variance afi~0 0 $0 0 S'J SO d I y~Date Submitted Program Director 7S V • • 0 i ORDINANCE NO. , AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON FESTIVAL FOUNDATION FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I, That the Mayor is hereby authnrized to execute an agreement between the City of Denton and the Denton Festival Foundation for the payment and use of hotel tax revenue, under the terms and conditions contained in the agreement, a copy of which is attached hereto 1 and made a part hereof. SECTION 11. Thal this ordinance shall become effective immediately upon its passage and approval, PASSED AND APPROVED this the day of 1996. JACK MILLER, MAYOR ATTEST: 1ENNIF211 WALTERS, CITY SECRETARY BY: • i` APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 76 2.5 10 32 -SAIL 0 , .m..® 0 I r l AGREEMENT BETWEEN THE CITY OF DENTON AND THE DF,NTON FESTIVAL FOUNDATION (CYIM) PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE THIS AGREEMENT made between the City of Denton, Texas, a municipal corporation (the "CITY'), and the Denton Festival Foundation, Inc, a legal entity incorporated under the laws of the State of Texas (the "FOUNDATION'): WHEREAS, Tex, Tax Code §351.002 authorizes the CITY to levy by ordinance a municipal hotel occupancy tax ("hotel tax') not exceeding seven percent (7%) of the consideration paid by a hotel occupant; and WHEREAS, by ordinance, the CITY has provided for the assessment and collection of a municipal hotel occupancy tax in the City of fknton ofaoven percent (70/6); and WHEREAS, Tex. Tax Cale §35i.101(s) authorizes the CITY to use revenue from its I municipal hotel occupancy tax to promote tourism and the convention and hotel industry by I advertising and conducting solicitations and promotion) programs to attract tourists and convention delegates or registrants to the municipality or its dcinity; and WHEREAS, the FOUNDATION is well equipped to perform those activities; and WHEREAS, Tex. Tax Code §35 1.101(c) authorizes the CITY to delegate by contract with the FOUNDATION, as an independent entity, the management and supervision of programs and activities of the type described hereinahove funded with revenue from the municipal hotel occupancy tax; NOW. THEREFORE, in consideration of the performance of the mutual covenants ar.d promises contained herein, the CITY and the FOUNDATION agree and contract as follows: 1. HOTEL TAX REVENUE PAYMENT 1.1 Consideration. For and in considerodon of the activities to be performed by the FOUNDATION under this Agreement, the CITY agrees to pay to die FOUNDATION a portion of the hotel tar revenue collected by the CITY at the rates and in the manner specified herein (such • payments by the CITY to the FOUNDATION sometimes herein referred to as the "agreed payments" or "hotel tax funds r 1.1 Amount of Payments, (a) As used in this Agreement, the folloMing terms shall have the following specific I • meanings: p • (i) The term "hotel tax revenue" shall mean the gross monies collected and received by the City as municipal hotel occupancy tax at the rate of seven percent (7%) of the price paid for a room in a hotel, pursuant to Texas Tax Code 351.002 and City 77 ~s4 32'X 0 0 • I . ~I I Ordinance. Hotel tax revenue will include penalty and interest related to the late payments of the tax revenue by the taxpayer. (ii) The term "Collection period" will mean the collection period for the CITY's fiscal year. It will include hotel tax revenue due to the City for the relevant fiscal year and collected through the 22nd day of the month following the close of the relevant fiscnl year. (iii) The term "base payment amount" shall mean a net amount of money equal to the total hotel tax revenue collected by the CITY during any relevant period of time (Le., fiscal year or fiscal quarter), less (1) attorney and auditing costs Incurred during such relevant period of time for costs of collection or auditing of hotel taxpayers. Attomey and auditing costs include fees paid to attorneys or agents not in the regular employ of the CITY for which attomcys or agents effect compliance or collection of the hotel tax from taxpayers; and (2) court costs and other expenses incurred in litigation against or auditing of such taxpayers. (iv) The term "contract quarter" shall refer to any quarter of the calendar year in which this A reement is in force. Contract quarters will end on March 31°, June 30i', September 30 , and De, ember 31° of each contract year. (b) In return for satisfactory performance of the activities set forth in this Agreement and all attachments hereto, the CITY shall pay to FOUNDATION an amount of money in each contract year equal to the lesser amount of: Six and Two One Hundredths percent (6.02%) of the annual base payment amount or the fixed contract amount of Fifty Thousand Dollars ($50,000). This amount will be divided into quarterly payments equal to 25% of the annual fixed contract amount, unless the CITY can show with reasonable certainty that the annual base payment amount will be less than originally estimated for the fiscal year. The fourth quarterly payment will represent 2s% of the fixed contract amount or the unpaid remainder of 6,02% of the base payment amount. whichever is less. Each quarterly payment is subject to receipt of unused funds from the prior contract period and the receipt of the required quarterly reports. 1,3 Dates of Pay' nents. (a) The term "quarterly paymenu" shall mean payments by the CITY to the d FOUNDATION of those amounts specified in 11.2, above, as determined by the hotel tax revenue f collected. i (b) Each quarterly payment shall be paid upon receipt of the required reports and after the 25'" day following the last dry of the contract quarter. If quarterly financial and performance reports are not received within thirty (30) days of the end of the applicable contract qua+wr, the mipient may oe held in breach of this Agreement. The CITY may r,ithhold the quarterly payment(s) until the appropriate reports are received and approved, which approval shed] not 0 • J unre.•usonably It withheld. t'IY' Page 1 78 r' -32x~❑ 0 O i 11 r 1.4 Other limitations , egardingeonsideration. (a) The funding of this project in no way commits the CITY to future funding of this program beyond the current contract period, Any future funding fs solely the responsibility of the FOUNDATION. (b) It is expressly understood that this contract in no way obligates the General Fund or any other monies or credits of the CITY. (c) CITY may withhold further allocations if CITY determines that FOIrNDATION's expenditures deviate materially from their approved budget. II. USE OF HOTEL TAX REVENUE 2.1 Use o; Funds. For and in consideration of the payment by the CITY to the FOUNDATION of the agreed payments of hotel tax funds specified above, the FOUNDATION agrees to use such hotel tax funds only for advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity as authorized by TEX. TAX CODE §351.101(a). Funds for any calendar year which arc unused by midnight December 31" of that year shall he refunded to CITY within thirty (30) days. 2.2 Administrathe Costs. The hotel tar funds received from the CITY by the FOUNDATION may be spent for day-today operations, supplies, salaries, office rental, travel expenses, and other administrative costs that are incurred directly in the performance by the FOUNDATION of those activities specified in 12.1 above and are allowed by TEX. TAX CODE §351.101(f). 2.3 Specific Restrictions on Use of Funds. (a) That portion of total administrative costs of the FOUNDATION for which hute) tax funds may be used shall not exceed that portion of the FOUNDATION's administrative costs actually incurred in conducting the activities specified in 12.1 above. (b) Hotel tax funds may not be spent for travel for a person to attend an event or conduct an activity the primary purpose of which is not directly related to the promodon of local tourism and the convention and hotel industry or the performance of the person's job in an efficient and • professional manner. 111. RECORDKEEPING AND REPORTING REQUIREMENTS 3.1 :ludget. ;a) The FOUNDATION shall prepare and submit to the City Manager of the CITY an annual budget (see Exliibi', "A') as approved by the City Council for each calendar year, for such operations of the FOUNDATION in which the hotel tax funds shall be used by the FOUNDATION, This budget shall specifically Identify proposed expenditures of hotel tax funds by the FOUNDATION. In other words, the CITY should be able to audit specifically where the funds in the separate account relating to hotel tar funds will be expended. The CITY shall not pay to the FOUNDATION any hotel tax revenues as set forth in Section I of this contract during any fiscal Page I 79 ;7-7 .x 32 X I O ~n 'aar i I I low= r o , n 'Amos m year of this Agreement unless a budget for such respective fiscal year has been approved in writing by the Denton City Council authorizing the expenditure of fiords. Failure to submit et annual budget may be considered a breach of contract, and if not remedied is considered grounds for termination of this Agreement as stated in paragraph 4.2. (b) The FOUNDATION acknowledges that the approval of such budget by the Denton City Council creates a fiduciary duty in the FOUNDATION with respect to the hotel tax funds paid by the CITY to the FOUNDATION under this Agreement. The FOUNDATION shall expend hotel tax finds only in the manner and for the purposes specified in this Agreement, TEX. TAX CODE §351.10I(a) and in the budget as approved by the CITY. 3.2 Separate Accounts. The FOUNDATION shall maintain ary hotel tax funds paid to the FOUNDATION by the CITY in a separate bank account with segregated :.counting, such that any reasonable person can review the source of expenditures of tax funds. A bank reconciliation report (see Exhibit "B') is required with each quarterly report. 3.3 Financial Records. The FOUNDATION shall maintain complete and accurate financial records of each expenditure of the hotel tax funds made by the FOUNDATION. These funds are required to be classified as restricted funds for audited financial purposes, and may not be used for supporting services, including, but not limited to, auditing fees and attorney's fees. Upon reasonably advance written request of the Denton City Council, Uic City Mtumger or designate, or any ocher person, shall make such financial records available for inspection and review by the party making the request. FOUNDATION understands and accepts that all such financial records, and any other records relating to this Agreement shall be subject to the Public Information Act, TEX. Gov'T ConE, ch. 552, as hereafter amended. 3.4 Quarterly Reports. Within thirty days after the end of every contract quarter, FOUNDATION shall furnish to CITY; (l) a performance report of the work performed under this Agreement describing the activities performed pursuant to this Agreement dinning that contract quarter, and (2) a list of the expenditures made with regard to hotel tax funds pursuant to TEX. TAX CODE §351.101(c). Both tho performance and expenditure reports will be in a form either , determined or approved by the City Manager or designate (see Exhibit "B'). The FOUNDATION shall respond promptly to any request from the City Manager of the CITY, or designate, for additional information relating to the activities performed under this Agreement. • 3,5 Notice of Meetings. The FOUNDATION shall give the City Manager of the CITY reasonable advance written notice of the time and place of a.[ meetings of FOUNDATION's Board of Directors, as well as any other meeting of any constituency of the FOUNDATION at which this ,ii grcement or any matter the subject of this Agreement shall br considered. This provision shall not I e deemed to require the FOUNDATION to give notice of a ry executive session of the Executive Committee of the FOUNDATION. • o • l IV. TERM AND TERMINATION 4.1 Term. The terns of this Agreement shall comment: on January 1, 1994 and terminate at midnipht on December 31, 1999. This term shall be a period of one year. Page 1 80 ,M*.r 5 K CJ 32 x I❑ l -I ® i 1 { I it 4.2 Termination Without Cause. i (a) This Agreement may be terminated by either party, with or without cause, by giving the other party sixty (60) days advance written notice. 1 (b) In the event this contract is terminated by either party pursuant to Section 4.2(a), the CITY agrees to reimburse the FOUNDATION for any contractual obligations of the FOUNDATION undertaken by the FOUNDATION in satisfactory performance of those activities specified in 9921 acrd 2.2 above and that were approved by the Council through the budget, as noted in 931. This reimbursement is conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in 992.1 and 2.2 above. and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. Notwithstanding any provision hereof to the contrary, the obligation of the CITY to reimburse the FOUNDATION or to assume the performance of any contractual obligations of the FOUNDATION for or under any contract entered into by the FOUNDATION as contemplated herein shall not exceed 66 2/3% of the current quarterly payment. (c) Further, upon termination pursuant to 94,2(a), the FOUNDATION will provide the CITY; 1) Within 10 business days from the termination notification, a short-term budget of probable expenditures for the remaining 60 day period between termination notification and contract termination. This budget will be presented to Council for approval within 10 business days after receipt by CITY. If formal approval is not given within 10 business days and the budget does not contain any expendintires that would be prohibited by the Texas Tax Code, and is within the current contractual period approved budget; the budget will be considered approved; 2) Within 30 days, a full accounting of all expenditures not previously audited by the City; 3) Within S business days of a request from the CITY, a listing of expenditures that have occurred sin+:e the last required reporting period; 4) a final accounting of all expenditures and tax finds on the day of termination. The FOUNDATION will be obligated to return any unused funds or funds determined to be used improperly. Any use of remaining funds by the FOUNDATION after notification of termination is conditioned upon such contractual obligations having been incurred and entered into in the good faith perfomance of those services contemplated in 2,1 and 2.2 above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. 4.3 Automatic Termination. This Agreement shall uutomatically terminate upon the occurrence of any of the following events; (a) The termination of the legal existence of thr FOUNDATION; (b) The insolvency of the FOUNDATION, the filing of a petition in bankntptcy, either. voluntarily or involuntarily, o: an assignment by the FOUNDATION for the benefit of c,-editors, (c) The continuation of a breach of any of the terms or conditions of this Agreement by either the CITY or the FOUNDATION for more than thirty (30) days after written notice of such breach is given to the breaching party by the other party; or a Pagr S 8i 10 32XID , s raw%" 0 (d) The failure of the FOUNDATION to submit a financial quarterly report which complies with the reporting procedures required herein and generally accepted accounting principles prior to the beginning of the next contract term, or quarterly as required by Section 1.3 hereof. 4.4 Right to Immediate Termination Upon Litigation. Notwithstanding any other provision of this Agreement, to mitigate damages and to preserve evidence and issues for judicial determination, either party shall have the right to terminate this Agreement upon immediate notice to the other parry in the event that any person has instituted litigation concerning the activities of the non-terminating party, and the terminating party reasonably believes that such activities are required or prohibited under this Agreement. i 4.5 In the event that this Agrce.ment is terminated pursuant to IM43 or 4.4, FOUNDATION agrees to refund any and all unused funds, or funds determined by the CITY to have been used improperly, within 30 days after +ermination of this Agreement. V. GENERAL PROVISIONS 5.1 Subcontract for Performance of Services. Nothing in this Agreement shall prohibit, nor `'e construed to prohibit, the agreement by the FOUNDATION with another private entity, person, o. organization for the performance of those services described in 12.1 above. In the event that the FOUNDATION enters into any arrangement, contractual or otherwise, with such other entity, person or organization, the FOUNDATION shall cause such other entity, person, or organization to adhere to, conform to, and be subject to all provisions, terms, and conditions of this Agreement and to TEX. TAX CODE ch. 351, including reporting requirements, separate funds maintenance, and limitations and prohibitions pertaining to expenditure of the agreed payments and hotel tax funds. 5.2 Independent Contractor. The FOUNDATION shall operate as an independent contractor as to all services to be performed under this Agreement and not as an. officer, agent, servant, or employee of the CITY. The FOUNDATION shall have exclusive control of its operations and performance of services her under. and such persons, entities, or organizations performing the same and the FOUNDATION shall be soh,ly responsible for the acts and omissions of its directors, officers, employees, agents, and subcontractors. The FOUNDATION shall not be considered a p,utncr or joint venturer with the CITY, nor shall the FOUNDATION be considered nor in any manner hold itself out as an agent or official representative of the CITY. 5.3 Indemnification, The FOUNDATION agrees to indemnify, hold harmless, and defend the CITY, its officers, agents, and employees from and against any and all claims or suits for injuries, damage, loss, or liability of wht ever kind or character, arising out of or in connection wit`, the 1r:rforrnance byre FOUNDATION or those services contemplated by this Agreement, including • a, I such claims or causes of action b, sed upon common, constitutional or statu'.. ry law, or based, in O v hole or in part, upon allegations of negligent or intentional acts of FOUNDATION, its officers, et mployees, agents, subcontractor:, licensees and invitees, SA Assitmment. Time FOUNDATION shall not assign this Agreement without first obtaining the whiten consent of the CITY. Page 6 82 J <; 'J'(1 t.j s~ X111 o 0 5.5 Notice. Any notice required to be given under this Agreement or any statute, ordinance, or regulation, shall be :;restive when given in writing and deposited in the United States mail, certified mail, return receipt requested, or by hand-delivery, addressed to the respective parties as follows: C[TY FOUND TIO City Manager Denton Festival Foundation, Inc. City of Denton Carol Short 215 E• McKinney Festival Coordinator Denton, TX 76201 P.O. Box 2104 Denton, Texas 76202.2104 5.6 Inurement. This Agreement and each provision hereof, and each and every right, d+,ty, obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation of the CITY and the FOUNDATION and their respective sucl:essors and assigns, 5.7 Application of Laws, All terms, conditions, and provisions of this Agreement are subject to all applicable federal laws, state laws, the Charter of the City of Denton, all ordinances passed pursuant thereto, and alijudicial determinations relative thereio, 5.8 Exclusive Agreement. This Agreement contains the entire understanding and constitutes the entire agreement between the parties hereto concerning the subject matter contain--d herein. There are no representations, agreements, arrangements, or understandings, oral or written, express or implied, between or among the parties hereto, relating to the subject matter of this Agreement, which are not fully expressed herein. The terms and conditions of this Agreement shall prevail notwithstanding any variance In Ns Agreement from the terms and conditions of any other document relating to this trunsaction or these transactions. 5.9 Duplicate Originals. This Agreement is executed in duplicate originals. 1 5,10 Headings. The headings and subheadin of the various sections and paragraphs of this Agreement are inserted merely for the purpose of convenience and do not express or imply any limitation, definition, or extension of the specific terms of the section and paragraph so designated. 0 5.11 Severability, if any section, subsection, paragraph, sentence, clause, phrase or word in this Agreement, or application thereof to any person or circumstance is h-id Invalid by any ecurt of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Agreement, and the parti :s hereby declare they would have enacted such remaining pc Lions despite any such invalidity, 5.12 lasurance. The FOiNDATION s''ell provide insurance as fo!uows: 0 • $500,000 Commercial General Liability Statutory Workers' Compensation and Employers' Liability (S 100,000/S500,000''S 100,000) Page 7 83 I ~ f I I $500,000 Business Automobile Liability on any owned, non-owned or hired ii vehicles The CITY must be named v an additional insured on all policies (except Workers' Compensation) , and proof of coverage shall be submitted prior to any payment by the CITY. EXECUTED this ^ day of , I "S. l j THE CITY OF DENTON, TEXAS By: _ J JACK MILLER, MAYOR r ATTEST: APPROVED AS TO LEGAL FORM: { --7 By: ~y:. JENNIFER WALTERS, HERBERT L. PROUTY, CITY SECRETARY CITY ATTORNEY DENTON FESTIVAL FOUNDATION, INC. B @ - Y: all i, ChaimmaNDirectcr ATTEST: APPROVED AS TO LEGAL FORM: c By: By: f ^ Secretary ~ r.n.aan*+.aa.cep..ra..."w~Krrca..avrara.w,~~. t , i_ III r 't ^ t Peg! % :rya O Denton Festival Found. Budget Template HOT Compliance d~edlalegl Amount Printing 1,200 Advertising 71900 Postage 1,100 Telephone 150 Brochures 3,000 13,350 Ad Programming 17,500 17,500 Byfldingt HLIt01Isa! r Admlelatut(nn Operating Equipment 5,000 Satarles 13,000 Supplies 350 Audit 500 19,150 Toler "low . i i. i 8S f r. F~: ~ . 7 5 x Q 32X ❑ s a 0 M A*1*l DENTON FESTIVAL FOUNDATION FINANCIAL REPORT I Program Year Mill QUARTER QUARTER QUARTER QUARTER YEAR TO V9 R APPROVED 13UDGET <; . (Jan•Msr) (Apr-Jun) (rull (Oct•Dec) DATE ACTUAL Beginning Cash y 9,',' ° so $o so so $o Receipts Occupancy Tax #50,000 $0 $0 $0 10 $0 550,000 Interest Income } a 0 0 0 0 0 0 0 Total Receipts, „4yr 7 50,000 $O 0 0 0 $0 $50,000 DIsburasmenla Pdndng r .P' 51,200 $0 $0 $0 $0 $0 $1,200 Advedlaing }yyr' 1- ~rgg0 0 0 0 0 0 17,600 ho J Telepne a.1 , r ;7T ~~900 0 0 0 a 0 150 1 Brothuree ' Y+k a :3000 0 0 0 0 0 3000 ToblAdVerJaing t 13,350 0 $0 $0 0 $O 13,350 Programmkq r 517,600 s0 $0 $0 $0 $0 $17,500 j 8dmlolattetlcg , - ` a,r Operetrnp vr.~N ~ Equipment ,gig d i rsY: 56000 $0 $0 $0 $0 s0 $5,000 salads, ti13;D0o 0 0 0 0 0 13000 Supplies «~YRk4ar ady F 350 0 0 0 0 0 350 Audit lTlre > ' , 600 0 0 0 0 0 800 Total Adminislrotfon R 1 19, 50 $0 0 -To- so 0 19,150 1 Total 013bunsemonto r vY;Y 550,000 so s0 $0 $0 s0 $50,000 t Excess of RseNpls0sburesments s0 $0 s0 s0 s0 s0 Ending Cash i s $O SO SO SO $O SO i EC~T y} y.,, I ~r Cuh on Hand < <,R $0 s0 s0 s0 so 0 Less Outstanding Che^.ks t, 0 0 0 0 0 0 OthsrAd)tvtmenb o 0 0 0 o a Bank Balance k- a <r r so so $0 $0 $ t1 IR' ♦ 1 Verlance Islb■0) $0 s0 SO 0 $0 $0 Date Submined Program Director 86 r r a ~ , Ice x. 4 a r 32 X i d4~x r~:~ . 0 , Q ORDINANCE NO. AN 0^13INANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT I BETWEEN THE CITY OF DENTON AND THE TEJAS FTORYTELLING ASSOCIATION, INC,, FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON HER: BI ORDAINS: i SECTIO 1. That the Mayor is hereby authorized to execute an agreement between the City of Denton surd the Tejas Storytelling Association, Inc. for the payment and lire of hotel tax revenue, under the terms and conditions contained in the agreement, a copy of which is attached r' hereto and made a part hereof. SECTION IL That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of 1998, I JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM; HERBERT L. PROUTY, C11Y ATTO~LNEY • BY: _:7~°~~ O • 81 y~a~ -5 x I a 3z x I a i O 1 AGREEMENT BETWEEN THE CITY OF DENTON AND TEJAS STORYTELLING ASSOCIATION, INC. (CY1999) PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE THIS AGREEMENT made betAven the City of Denton, Texas, a municipal corporation (the "CITY"), and the Tejas Storytelling Association, Inc., a legal entity incorporated under the Iamvs of the State of Texas (the "ASSOCIATION'): WHEREAS, Tex. Tax Code §351.002 authorizes the CITY to levy by ordinance a municipal hotel occupancy tax ("hotel tax") not exceeding seven percent (7%) of the consideration paid by a hotel occupant; and WHEREAS, by ordinance, the CITY has provided for the assessment and collection of a municipal hotel occupancy tax in the City of Denton of seven percent (7%); and WHEREAS, Tex, Tax Code §351.101(a) authorizes the CITY to use revenue from its municipal hotel occupancy tax to promote tourism and the convention and hotel industry by advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity; and WHEREAS, the ASSOCIATION is well equipped to perform those activities; and WHEREAS, Tex, Tax Code §351.101(c) authorizes the CITY to delegate by contract with the ASSOCIATION, as an independent entity, the management and supervision of programs and activities of the type described hercinabove funded %vith revenue from the municipal hotel occupancy tax; NOW, THEREFORE, in consideration of the performance of the mutual covenants and fol' ~ws: p-omises contained herein, the CITY and the ASSOCIATION agree and contract as h HOTEL TAX REVENUE PAYMENT 1.1 Consideration, For and in consideration of the activities to be performed by the ASSOCIATION under this Agreement, the CITY agrees to pay to the ASSOCIATION a portion of the hotel Lix revenue collected by the CITY at the rates and in the manner specified herein (such O payments by the CITY to the 9SSOCIATiON sometimes herein referred to as the "agtted payments or "hotel tax funds I i 1,2 Amount of Payments. , (a) As used in this Agreemcat, the folloait g terms sha;l have the follo%ing specific mcaimingr: O • (i) The term "hotel tax revenue" st all mean the gross monies collected and received by the City as municipal hotel occupancy tax at the rate of seven percent (7%) of the price paid for a room In a hotel, pursuant to Texas Tox Code 351.002 and City 8g 25 32 X o 0 Ordnance. Hotel tax revenue will include penalty and interest related to the late payments of the tax revenue by the taxpayer. (ii) The term "Collection period" will mean the collection period for the CITY's fiscal year. It will Include hotel tax revenue due to the City for the relevant fiscal year and collected through the 22nd day of the month following the close of the relevant fiscal year. (iii) The term "base payment amount" shall mean a net amount of money equal to the totd hotel tax revenue collected by the CITY during any relevant period of time (f.e, fiscal year or fiscal quarter), less (1) attorney and auditing costs Incurred during such relevant period of time for costs of collection or auditing of hotel taxpayers. Attorney and auditing cost- include fees paid to attorneys or agents not in the regular employ of the CITY for which attorneys or agents effect compliance or collection of the hotel tax from taxpayers; and (2) court costs and other expenses incurred in litigation against or auditing of such taxpayers. (iv) The term "contract quarter" shall refer to any quarter of tht calendar year in which this Agreement is in force. Contract quarters will end on March 313t, June 30th, September 30th, and December 31 ° of each contract year. (b) In return for satisfactory performance of the activities set forth in this Agreement and all attachments hereto, the CITY shall pay to ASSOCIATION an amount of money in each contract year equal to the lesser amount of: Three and One One Hundredths of a percent (3.01%) of the annual base payment amount or the fixed contract amount of TwcntyFive Thousand Dollars ($25,000). This amount will be divided into qurrurly payments equal to 25% of the aruiual fixed contract amount, unless the CITY can show with reasonable certainty that the annual base payment amount will be less than originally estimated for the fiscal year. The fourth I quarterly payment will represent 251o of the fixed contract amount or the unpaid remainder of i 3.01% of the base payment amount, whichever is less. Each quarterly payment is subject to receipt of unused funds from the prior contract period and the receipt of the required quarterly reports. 1.3 bates of Payments to ASSOCIATION. (a) The tern "quarterly payments" shall mean payments by the CITY to the ASSOCIATION of those amounts specified in 111, above, as determined by the hotel tax revenue collected. (b) Each quarterly paymen' shall be paid upon receipt of the required reports and after the ; 25'" day followins the last day 4 the contract quarter. If quarterly financinl and perfomu nce 1 • reports are not received within thirty (30) days of the end of the applicable contract quarter, the recipient may be veld in breach of this Agreement, The CITY may witlltold the quarterly O • payment(s) until the appreoriate reports are received and approved, which approval shall not unreasonably be withheld. i I i 89 25 10 32 X I n "AMMM . . i fir q-Y . .y,.. w a.... . n 1.4 Other limitations regarding consideration, I 1 (a) The fundi,.; , c' this project in no way commits the CITY to future funding of this program beyond the cwrent contract period. Any future funding is solely the responsibility of the ASSOCIATION. ~ I (b) It Is expressly understood that this cuntract in no way obligates the General Fund or any other monies or credits of the PITY (c) CITY may withhold further r ~ocations if CITY determines that ASSOCIATION's 1 expenditures deviate materially from their approved budget. II. USE OF HOTEL TAX REVENUE i 2.1 Use of Funds. For and in consideration of the payment by the CITY to the ASSOCIATION of the agreed payments of hotel tax funds specified above, the ASSOCIATION agrees to use such { hotel tax funds only for advertising and conducting solicitations and promotional programs to attr&t tourists and convention delegates or registrants to the municipality or its vicinity as authorized by Tex. TAX CODe §351.10l(a). Funds for any calendar year which are unused by midnight December 31" of that year shall be ref axled to CITY within thirty (30) days. 2.3 Administrative Costs. The hotel tax funds received from the CITY by the ASSOCIATION may be spent for day-to-day operations, supplies, salaries, office rental, travel expenses, and other administrative costs that are incurred directly in the performance by the ASSOCIATION of those activities specified in 12,1 above and are allowed by TEX. TAX CODE §351.1 01(f). I 2.3 Specific Restrictions on Use of Funds. (a) That portion of total administrative costs of the ASSOCIATION for which hotel tax funds may be used shall not exceed that portion of the ASSOCIATION's administrative costs actually incurred in conducting the activities specified In %1 above. (b) Hotel tax funds may not be spent for travel for a person to attend an event or ec aduct an activity the primary purpose of which is not directly related to the promotion of local tourism and the convention and hotel industry or the performance of the person's job in an efficlent and • professional manner, HI. RECORDKEEPINO AND REPORTING REQOIRENIENT3 3.1 90get. • (a) The ASSOCIATION shall prepare and submit to the Cit. Manager of the CITY an 0 f • annual budget (see Exhibit "A") as approved by the City Council for each calendar year, .or such operations of the ASSOCIATION in which the hotel tax funds shall be used by the ASSOCIATION. This budget shall specifically identify proposed expeniitures of hotel tax funds by the ASSOCIATION. In other words, the CITY should be able to ai dit specifically where the funds in the separate account relating to hotel tar fluids will be expendat. The CITY shall not pay to the ASSOCIATION any hotel tax revenues as set forth In Sectinn 1 Ji this contract during any I ~ wrrq ARM:: 32XIII TOM" O fiscal year of this Agreement unless a budget for such respective fiscal year has been approved in writing by the Denton City Council authorizing the expenditue of funds. Failure to submit an annual budget may be considered a breach of contract, and if not remedied is considered grounds for termination of this Agreement as stated in paragraph 4.2. (b) The ASSOCIATION acknowledges that the .•pproval of such budget by the Denton City Council creates a fiduciary duty in the ASSOCIATION with respect to the hotel tax funds paid by the CITY to the ASSOCIATION under this Agreement, The ASSOCIATION shall expend hotel tax funds only in the manner and for the purposes specified in this Agreement, TEX, TAX CODE §35 1. 101 (a) and in the budget as approved by the CITY. 3.2 Separate Accounts. The ASSOCIATION shall maintain any hotel tax funds paid to the ASSOCIATION by the CITY in a separate bank account with segregated accounting, such that any reasonable person can review the source of expenditures of tax funds. A bank reconciliation report (see Exhibit "B") is required with each quarterly report, 3.3 Financial Records. Tne ASSOCIAT10N shall r tiritain complete and accurate financial records of each expenditure of the hotel tax funds made by the ASSOCIATION. These finds are trquired to be classified as restricted funds for audited financial purposes, and may not be used for supporting services, including, but not limited to, auditing fees and attorney's fees. Uprn reasonably advance written request of the Denton City Council, the City Manager or designate, or any other person, shall make such financial records available for inspection and review by the V try making the request. ASSOCIATION understands and accepts that all such financial records, a0 any other records relating to this Agreement shall be subject to the Public Information Act, TEX. Ouv'1 CODE, ch. 552, as hereafler amended. 3.4 Quarterly Reports. Within thirty days alter the end of every contract quarter, ASSOCIATION shall furnish to CITY; (i) a performance report of the work performed under this Agreement describing the activities performed pursuant to this Agreement during that contract quarter, and (2) a list of the expenditures made with regard to hotel tax funds pursuant to TEX. TAX CODE §351.I01(c), Both the performance and expenditure reports will be in a form either determined or approved by the City Manager or designate (see Exhibit "B"). Tlae ASSOCIATION shall respond promptly to any request from the City Manager of the CITY, or designate, for additional information relating to the activities performed under this Agreement. 3.5 Notice of Meetings. The ASSOCIATION shall give the City Manager of the CITY reasonable advance written notice of the time and place of all meetings of ASSOCIATION's Board of Directors, as well as any other meeting of any constituency of the ASSOCIATION at which this Agreement or any matter the subject of this Agreement shall be considered. This provision shall not be de, med to require the ASSOCIATION to give notice of any ex ecutive session of the Executive . Committee of the ASSOCIATION. O ~ IV. TERM AND TERAIINATION 4.1 Term. The term of this Agreement shall commence on January I, 1999 and terminate at midnight on December 31, 1999. This term shall be a period of one year. 91 32 .,w,a,A, 0 E wtltA% 4.2 Termination Without Cause. (a) This Ag-cement may be terminated by either party, with or without cause, by giving ' the other party sixty (60) days advance written notice. (b) In the event this contract is terminated by either party pursuant to Section 4.2(a), the CITY agrees to reimburse the ASSOCIATION for any contractual obligations of the ASSOCIATION undertaken by the ASSOCIATION in satisfactory performance of those activities specified in 112.1 and 21 above and that were approved by the Council through the budget, as noted in 13. 1, This reimbursement is conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in 112.1 and 2.2 above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. Notwithstanding any provision hereof to the contrary, the obligation of the CITY to reimburse the ASSOCIATION or to assume the performance of any contractual obligations of the ASSOCIATION for or under any contract entered into by the ASSOCIATION as contemplated herein shall not exceed 66 2/3% of the current quarterly payment. (c) Further, upon termination pursuant to 142(a), the ASSOCIATION will provide the CITY; 1) Within 10 budness days from the termination notification, a short-term budget of probable expenditures for the remaining 60 day periou between termination •,otitication and contract termination, This budget will be presented to Council for approval within 10 business days after receipt by CITY. If formal approval is not given within 10 business days and the budget does not contain any expenditures that would be prohibited by the Texas Tax Code, and is within the current contractual period approved budget; the budget will be considered approved; 2) Within 30 days, a full accounting of all expenditures not previously audited by the City; 3) Within S business days of a request from the CITY, a listing of expenditures that have occurred since the last required reporting period; 4) a final accounting of all expenditures and tim funds on the day of termination. The ASSOCIATION will hi obligated to return any unused funds or funds determined to be used improperly. Any use of remaining funds by the ASSOCIATION alter notification of termination is conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in 2.1 and 22 above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement, 0 4.3 Automatic Termination, This Agreement shall automatically terminate upon the occurrence of any of the following events; (a) The termination of the legal existence ofthe ASSOCIATION; i (b) The Insolvency of the ASSOOATION, the filing of a petition In bankruptcy, either f 1 0 voluntarily or involuntarily, or ar assignment by thy: ASSOCIATION for the benefit of E 0 tl y, creditors; ~f (c) The continuation of a 1.reach of any of the terms or conditions of this Agreement by either the CITY or the ASSOCIATION for more than thirty (30) days after written notice of such breach is given to the breaching puny by the other party; or 92 . 32 x 10 Imt. ,e .`,h ~k x 25 Q ARM: 'MM e 0 (d) The failure of the ASSOCIATION to submit a fuumcial quarterly report which complies with the reporting procedures required herein and generally accepted accounting principles prior to the beginning of the next contract term, or quarterly as required by Section 13 hereof. 4.4 Right to Immediate Termination Upon Litigation. Notwithstanding any other provision of this Agreement, to mitigate damages and to preserve evidence and issues for judicial determination, either party shall have the right to terminate this Agreement upon imme&ate notice to the other party in the event that any person has instituted litigation concerning the activities of the non•tenninating party, and the terminating party reasonably believes that such activities are required or prohibited under this Agreement. 4.5 In the event that this Agreement is terminated pursuant to 1~14,3 or 4.4, ASSOCIATION agrees to refund any and all unused funds, or funds determined by the CITY t .rave been used improperly, within 30 days after termination of this Agreement, V. GFNERAL PROVISIONS 5,1 Subcontract for Performance of Services. Nothing in this Agreement shall prohibit, nor be construed to prohibit, the agreement by the ASSOCIATION with another private entity, person, or organization for the performance of those services described in 12.1 above. In the event that the ASSOCIATION enters into any arrangement, contractual or otherwise, with such other entity, person or organization, the ASSOCIATION shall cause such other entity, peron, or organization to adhere to, conform to, and be subject to all provisions, terms, and conditions of this Agreement and to TEX. TAX Cone ch. 351, including reporting requirements, separate funJs maintenance, and limitations and prohibitions pertaining to expenditure of the agreed payments and hotel tax funds. 4,2 Independent Contractor, The ASSOCIATION shall operate u an independent contractor as to all services to be performed under this Agreement and not m an officer, agent, servant, or employee of the CITY, The ASSOCIATION shall have exclusive control of its operations and performance of services hereunder, and such persons, entities, or organizations performing the same and the ASSOCIATION shall be solely responsible for the acts and omissions of its directors, officers, employees, agents, and subcontractors. The ASSOCIATION shall not be considered a partner or joint venturer a ith the CITY, not shall the ASSOCIATION be considered nor in any manner hold itself out as tut agent or official representative of the CITY, S,3 Indemnification. ilia ASSOCIATION agrees to indemnify, hold harmless, and defend the CITY, its officers, agents, and emplovires from and against any and all claims or suits for injuries, damage, loss, or liability of whole% -r kind or character, arising out of or in cotwection with t',e performance by the ASSOCIATION or those servicesa contemplated by this Ag,cement, including all such claims or muses of oo on based upon common, constitutional or statutor,i law, or based, in p ywhole or in part, upon all.gations of negligent or intentional acts of ASSOCIATION, its officers, 1tirf~ employees, agents, subcontractors, Ikensees and invitees, 5,4 Assignment. The ASSOCIATION shall not assign this Agn.mtent without first obtaining the written consent of the CITY, 93 C1 32 x Q ~as ~ I POW* 1 i 5.5 Notice. Any notice required to be given under this Agreement or any stanrte, ordirance, or regulation, shall be effective when given in writing and deposited in the United States mail, certified mail, return receipt requested, or by hand-delivery, addressed to the respective parties as follows: CITY ASSOCIATION City Manager Tejas Storytelling Association, Inc. Ii City of Denton David Pierce 215 E, McKinney PA. Sox 2806 Denton, TX 76201 Denton, Texas 76202.2806 5.6 Inurement. This Agreement and each provision hereof, and each and every right, duty, obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation of the CITY and the ASSOCIATION and their respective successors and assigns. 5.7 Application of Laws. All terms, conditions, and provisions of this Agreement are subject to all applicable federal laws, state laws, the Charter of the City of Denton, all ordinances passed pursuant dicreto, and all judicial determinations relative thereto, i 5.8 Exclusive Agreement. This Agreement contains the entire understanding and constitutes the entire agreement between the parties hereto concerning the subje:t matter contained herein. There are no represenladons, agreemcuts, arrangements, or understandings, oral or written, express or implird, between or among the parties hereto, relating to the subject matter of this Agreement, which ure not fully expressed herein. The terms and conditions of this Agreement shall prevail notwithstanding any variance in this Agreement from the terms and conditions of any other document relating to d Is trans: clion or these transactions. I 5.9 Duplicate Originals. This Agreement is ^xecuted in duplicate originals, ' 5.10 lleadings. The headings and subheadings of the various sections and paragraphs of this Agreement are inserted merely for the purpose of convenience and do not express or imply wry limitation, definition, orexteneion of the specific terms ofthe section and paragraph so designa-ed. 5.11 Severability. If any section, subsection, paragraph, sentence, clause, phrase or word in this Agreement, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining Portions of this Agreement, and the parties hereby declare they would have enacted such remaining portions despite any such invalidity. 1 5.12 Irsurance. The ASSOCIATION shah provide insurance as follows: $509,000 Commercial General Liability Statutory Workers' Compensation and Employers' Liability j (S I00,000/5500,000/S 100,000) $500,000 Business Automobile Liability on any owned, non-owned or hired vrhlcles 94 I ; 25 x ~C 32x10 „ - r XWAM" C 5 iffmos" , i The CITY must be named as an additional Insured on all policies (except Workers' Compensation) and proof of coverage shall be submitted prior to any payment by the CITY. EXECUTED this _day of 91998. THE CITY OF DENTON, TEXAS By: JACK MILLER, MAYOR ATTEST: APPROVED AS TO LEGAL FORM: By, JENNIFER WALTERS, HERBERT L, PRO WT, CITY SECRETARY a rY ATTORN6 TEJAS RYTELLING ASSOCIATION, INC. By: -.1C« K, PG'trt ChairmaivDirector ATTEST: APPROVED AS TO LEGAL FORM: By' - By' Secretary ' i WNrprld.w. P.am~.~'unr.lnA'JI01 caawnry. M ~ E " . , . .'j `t 9$ { t' o~hu~, 5 x a 32 x La y i ' 0 nJ, 10/2 91 fj0:0140 60)4401x`11 ILA ALWO10,6 W°• rr'A0. AA s1 Tejes Storytelling Association ; P.O. so 2106 004-ft", TX ?m Wadadoy, October 21,1991 M Jap L. TOM^ Tax tyoei" City of Daotaa 6018. "wy St. fuka F. Dom TX 76201 Soon: HOd 110AN&VOM As &wjnW by pbeaa, to &WW bm* tubmittad by Ur To* 3aamft MaxfM,c.t AN & 1919.99 PAWM" 9800 baa dm not f *i" tbn* swim. Aftd*L &d 9 mpy of 4;9 to VLO pm"dd to 1M by yoar ofa that m t ml Ow 8at1 budget PMO aU me *mh twy quo"s I We K&ov* Tejat Stoeyt9Uey Ar•eaieeim 040%J4220 3 I 10 32X' 0 no' -,Vj INA& 0 O G I TEJAS STORYTELLING ASSOCIATION FINANCIAL REPORT Program Year 1999 < k 1ST 2NO 3RD 4TH BUDGET `r' P{ + r ° a Idd4, a l QUARTER QUARTER QUARTER QUARTER YEAR TO VS APPROV D BUDGET (Jan-Mar) (Apr-Jun) (Jul-Sep) (Oct-Dee) DATE ACTUAL ry' I Beginning Cash $o $0 $0 so so $o ReCNpte % t Occuponcy Tak $24090 $0 SO so $0 $0 $24,999 Interest Income 10 0 0 0 0 0 0 O 0 0 0 0 24,899 Total Rsuiple c +y A;4, 92 $ Disbursamonts r,' I APostage "+Y +'334 s0 s0 $0 $0 $0 $34 ? 81 a! pr " 1,0p~115 0 0 0 D 0 1,092 Telephone O Print 7. M r': h 6~ Advertlse f '1 I, 0 0 0 0 0 e,44e Total Advarlising 4e `t a I ,S 0 0 0 $D D 8,616 Parformor Fees ~r'r t 16166 $0 $0 $0 so so $8,166 okkeepirp Eq I ti,., r . $1,126 $D so so to to 51,126 Payroll 4tR1' y 1 o S,S3t 0 0 0 0 0 3,537 Supplies 1{ 138 0 0 0 0 0 138 $is Insurer" ,fl E66 0 0 0 0 0 680 Tent rentals, elo .4. M? 0 0 0 0 0 4 757 TctalAdminhVatbn "Ijr 1), Dior? 0 0 0 to 0 10,216 .t ~ Total Disbursements X24,990 SO SO So $0 $24,999 Excess of Recetpts/Otsbunamentppe (yq ; 4s,1r $0 $0 $0 $0 so s0 Endin Cosh S0 s0 so so $0 So • E I Cash or, Hand « µ 7, $0 so s0 So $0 So Lose Outstanding V'4ke !I " 0 0 0 0 0 a Other Adjustments a D a 0 0 0 . Bank Balance li~4 AI L to $0 $5 30 so 5Z • Varlanco (e!b•O1 t . „'ir „ SO SO $0 so SO SO 1 4 ti. 1 Date Submitted Program Dlrvclor 97 7' 7; !f / Ir WSI" 32 X 11 s _ c XOMMO 'I it ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON BLACK CHAMBER OF COMMERCE FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON HERESY ORDAINS: SECTION 1. That the Mayor is hereby authorized to execute an agreement between the City of Denton and the Denton Mack Chamber of Commerce for the payment and use of hotel tax revenue, under the terms and conditions contained in the agreement, a copy of which is attached hereto and made a part hereof, SECTION IL That this ordinance :hall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _ day of , 1498. I JACK MILLER, MAYOR ATTEST: G JENNIFER WALTERS, CITY SECRETARY f ` I I I BY: APPROVED AS TO LEGAL FORM: j HERBERT L. PROUTY, CITY ATTO EY BY: , 48 10 .,{1; I s 32X10 0 AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON BLACK CHAMBER OF COMMERCE (CY1999) PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE 1 THIS AGREEMENT made between the City of Denton, Texas, a municipal corporation (the "CITY'), and the Denton Black Chamber of Commerce, a legal entity existing under the laws of the State of Texas (the "CHAMBER'l: WHEREAS, Tex. Tax Code §351.002 authorizes the CITY to levy by ordinance a municipal hotel occupancy tax ("hotel tax') not exceeding seven percent (7%) of the consideration paid by a hotel occupant; and I WHEREAS, by ordinance, the CITY has provided for the assessment and collection of a municipal hotel occupancy tax in the City of Denton of seven percent (7%); and WHEREAS, Tex. Tax Code §351,10I(a) authorizes the CITY to use revenue from its municipal hotel occupancy :ax to promote tourism and the convention And hotel industry by adverti-:ng and conducting solicitations and promotion3r programs to attract tourists and convention delegates or registrants to tho municipality or its vicinity: and I WHEREAS, the CHAMBER is well equippA to perform those activities; and WHEREAS, rex. Tax Code §351,101(c) authorizes the CITY to delegate by contract with the CHAMBER, as an independent entity, the management and supervision of pro&ams and activities of the type described hereinabove fiMA with revenue from the municipal hotel j occupancy tax; I I NOW, THEREFORE, in consideration of the performance of the mutual covenants and j promises contained herein, the CITY and the CHAMBER agree and contract as follows; 4 1. HO1 EL TAX REVENUE PAYMENT 1.1 CouideraNoo. For and in consideration of the activities to be performed by the " CHAM3r:R under this Agreement, the CITY agrees to pay to the CHAMBER a portion of the hotel A tax revenue collerted by the CITY at the rates and in the manner specified herein (such payments by the CITY to the CHAMBER sometimes herein referred to as the "agreed payments" or "hotel tax funds'). 1.2 -tmount of Payments. r (a) hs used in this Agreement, the fol1 wing terms shall have the following specific meanings: O • (i) The term "hotel tax revenue" shall mean Lie gross monies collected and received by the City a: municipal hole! occupancy tax at the rate of seven percent (7%) of the rice paid for a room in a hotel, pursusnt to Texas Tax Code 351.002 and City 99 6 O I E Ordinance. Hotel tax revenue will include penalty and interest rOat:d !u the late payments of the tax revenue by the taxpayer. (ii) The term "Collection period" will mean the collection period tot the CITY's fiscal year. It will include hotel tax revenue due to the City for the relevant fiscal year and collected through the 22nd day of the month following the close of the relevant fiscal year. i (iii) The term base payment amount" shall mean a net amount of money equal to the total hotel tax revenue collected by the CITY daring any relevant period of time (!.e„ fiscal year or fiscal quarter), less (l) attorney and auditing costs incurred during such relevant period of time for costs of collection or auditing of hotel taxpayers. Attorney and auditing costs include fees paid to attorneys or agents not in the regular employ of the CITY { for which attorneys or agents effect compliance or collection of the hotel tax from taxpayers; and (2) court costs and other expenses incurred in litigation against or auditing of such taxpayers. (iv) The term "contract quarter" shall refer to any quarter of the calendar year in which this AIVicement is in force. Contract quarters will end on March 31", June 30`h, September 30' , and December 31" of each contract year. (b) In return for satisfactory performance of the activities set forth in this Agreement and all attachments hereto, the CITY shall pay to CHAMBER an amount of money in each contract year equal to the fixed contract amount of Seven Thousand Dollars ($7,000). This amount will be divided into no more than two payments. Each payment is subject to receipt of unused funds from the prior contract period and the receipt of the required quarterly reports. a 1.3 Dates of payments. (a) The term "payments" shall mean payments by the CITY to the CHAMBER of those amounts specified in J1.2, above, as determined by the hotel tax revenue collected. (b) In return for the satisfactory performance of the activities set forth in this contract and all attachments thereto, CITY shall pay the CHAMBER the agreed payments specified in 112 above by no more than two payments, paying the fixed contract amount during the 1st and 2nd A quarter of the calendar year, If a second payment is due, that payment shall be paid upon receipt of the required reports and after the 25th day following the last day of the contract quarter. If quarterly financial and performance reports are not received within thirty (30) days of the end of the applicable quarter, the recipient may be held in breach of this Agreement The CITY may withhold the quarterly payment(s) until the appropriw - reports are received and approved, which approval shall not unreasonably be withheld. • 0 t t Ld Other limitations regarding consideration. T (a) The funding of this project in no way commits the CITY to future funding of this program beyond the current contract period. Any future funding is solely the responsibility of the CHAMBER. 100 9 p rawawa i I (b) 11 is expressly understood that this contract in no way obligates the General Fund or any other monies or cradits of the CITY. (c) CITY may withhold further allocations if CITY determines that CHAMBER's expenditures deviate materially from their approved budget. 11. USE OF HOTEL TAX REVENUE 2.1 Use of Funds. For and in consideration of the payment by the CITY to the CHAMBER of the agreed payments of hotel tar funds specified above, he CHAMBER agrees to use such hotel tax funds only for advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrar's to the municipality or its vicinity as authorized by TEX. TAX CODE §351.101(a). Funds for any calendar year which are unused by midnight December 31" of that year shall be refunded to CITY within thirty (30) days. 2.2 Administrative Costs. The hotel tax funds received from the CITY by the CHAMBER may be spent for day-today operations, supplies, salaries, office rental, travel expenses, and other administrative costs that are incurred directly in the performance by the CHAMBER of those activities specified in 12.1 above and are allowed by TEX. Tex CODE §351.101(0. 2.3 Specific Restrictions on Use of Funds. (a) That portion of total administrative costs of the CHAMBER for which hotel tax funds may be used shall not exceed that portion of the CHAMBER's administrative costs actually incurred in conducting the activities specified in 12,1 above. (b) Hotel tax funds may not be spent for travel for a person to attend an event or conduct an activity the primary purpose of which is not directly related to the promotion of local tourism and the convention and hotel industry or the performance of the person's job in an efficient and professional manner. III, RECORDKEEPING AND REPORTING REQUIREMENTS 3.1 Budget. e (a) The CHAMBER shall prepare and submit to the City Manager of the CITY an annual budget (see Exhibit "A") as approved by the City Council for each calendar year, for such operations of the CHAMBER in which the hotel tax funds shall be used by the CHAMBER. This budget shall specifically identify proposed expenditures of hotel tax funds by the CHAMBER In other words, the CITY a:mould be able i ) audit specifically where the funds in the warate account relating to hotel tax funds will be expendM. The CITY shall not pay to the CHAML Elk any hotel tax revenues as set forth in Section i of this contract during any fiscal year of this Ag xment unless p a budget for such respective fiscal year has been approved in writing by the Denton City Council authorizing the expenditure of funds. Failure to submit an annual budget may be considered a breach of contract, and if not remedied is considered grounds for termination of this Agreement as stated in paragraph 4.2. I 101 tt 32 X I ~tn"..y. , y o 0 i (b) The CHAMBER acknowledges that the approval of such budget by the Denton City Council creates a fiduciary duty in the CHAMBER with respect to the hotel tax funds paid by the CITY to the CHAMBER under this Agreement. The CHAMBER shall expend hotel tax funds only in the manner and for the purposes specified in this Agreement, TEX. Tut CODE §351.101(a) and in i the budget as approved by the CITY. 3.2 Separate Accounts. The CHAMBER shall maintain any hotel tax funds paid to the CHAMBER by the CITY in a separate bank account with segregated accounting, such that any reasonable person can review the source of expenditures of tax funds. A bank reconciliation report (see Exhibit "B") is required with each quarterly report. 3.3 Floanclal Records. The CHAMBU shall maintain complete and accurate financial records of each expewliture of the hotel tax funds made by the CHAMBER. These funds are ` required to be classified as restricted funds for audited financial purposes, and may not be used for supporting services, including, but not limited to, auditing fees and attorney's fees. Upon reasonably advance writton request of the Denton City Council, the City Manager or designate, or any other person, shall make such f^ancial records available for itapection and review by the party making the request. CHAMBER understands and accepts that all such financial records, and any other records relating to this Agreement shall be subject to the Public Information Act, TEX Govt CODE, ch. 552, as hereafter amended. 3.4 Quarterly Reports. After initial receipt of hotel tar funds, and within thirty days after the end of every quarter thereafter, until all funds have been expended and reported to the CITY, CHAMBER shall famish to CITY: (1) a performance report of the work performed under this Agreement describing the activities performed pursuant to this Agreement during that contract quarter, and (2) a list of the expenditures made with regard to hotel tax funds pursuant to TEX. TAX CODE §351.101(c). Both the performance and expenditure reports will be in a form either determined or approved by the City Manager or designate (see Exhibit "B'). The CHAMBER shall respond promptly to any request from the City Manager of the CITY, or designate, for additional information relating to the activities performed under this Agreement. 3.5 Notice of Meetings. The CHAMBER shall give the City Manager of the CITY reasonable advance written notice of the time and place of all meeting of CHAMBER's Board of Directors, as u ell as any other meeting of any co.tstituency of the CHAMBER at which this Agreement or any 0 matter the subject of this Agreement shall be considered. This provision shall not be deemed to require the CHAMBER to give notice of any executive session of the Executive Committee of the CIIAMBER. IV, TERM AND TERMINATION Term. The term of this Agreement shall commence m January 1, 1999 and terminate at midnight on Doceml er 31, 1999. This term shall be a period of one year. V, Termination Without Cause. j (a) This Agreement may be terminated by either party, with or without cause, by giving 11,e other party sixty (60) days advance written notice, 102 r. 2 5 ~ ❑ 32 X 10 4 0 i I I arpennn~ I i 'I (b) In the event this contract is terminated by either party pursuant to Section 4.2(a), the CITY agrees to reimburse the CHAMBER for any contractual obligations of the CHAMBER undertaken by the CHAMBER in satisfactory performance of those activities specified in 112,1 and 2.2 above and that were approved by the Council through the budget, as noted in 13.1. This reimbursement is conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in 112.1 and 2.2 above, I and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. Notwithstanding any provision hereof to the contrary, the obligation of the CITY to reimburse the CHAMBER or to assume the performance of any contractual obligations of the CHAMBER for or under any contract entered into by the CHAMBER as contemplated herein shall not exceed 66 2!3% of the current quarterly payment. (c) Further, upon te.mination pursuant to 14.2(a), the CHAMBER will provide the CITY: 1) Within 10 busines, days from the termination notification, a short-term budget of probable expenditures for the remaining 60 day period between termination notification and contract termination, This budget will be presented to Council for approval within 10 business days after receipt by CITY. If formal approval is not given within 10 business days and the budget does not contain any expenditures that would be prohibited by the Texas Tax Code, and is within the current contractual period approved budget; the budget will be considered approved; 2) Within 30 days, a full accounting of all expenditures not previously audited by the City; 3) Within 5 business days of a request from the CITY, a listing of expenditures that have occurred since the last required reporting period; 4) a final accounting of all expenditures and tax funds on the day of termination. The CHAMBER will be obligated to return any unused funds or funds determined to be used improperly. Any use of remaining funds by the CHAMBER after notification of termination is conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in 2.1 and 2.2 above, and further conditioned upon such contractual obligations having a tern not exceeding the full term of this Agreement. 4.3 Automatic Termination. This Agreement shall automatically terminate upon the occurrence of anyofthe following events: (a) The termination of the le2,al existence of the CHAMBER; s (b) The insolvency of the CHAMBER, the filing of a petition in bankruptcy, either voluntarily or invo:-intarily, or an assignment by the CHAMBER for the benefit of creditors; (c', The continuation of a breach of any of the terms or cond dons of this Agreement by , el her the CITY or the CHAMBER for more than thirty (30) days after written notice of 0 such breach is given to the breaching party by t,:e other party; or (d, The failure of the CHAMBER to submit a financial quarterly report which complier with the reporting procedures required herein and generally accepted accounting principles prior to the beginning of the next contract term, or quarterly as required by Section 1.3 hereof. 103 32XI ONION e 0 I 4A Right to Immediate Termination Upon Litigation. Notwithstanding any other provision of this Agreement, to mitigate damages and to preserve evidence and issues for judicial determination, either party shall have the right to terminale this Agreement upon immediate notice to the other party in the event that any person has instituted litigation concerning the activities of the non-terminating party, and the terminating party reasonably believes that such activities are required or prohibited under this Agreement. 4.5 In the event that this Agreement is terminated pursuant to 114.3 or 4.4, CHAMBER agrees to refund any and all unused funds, or funds determined by the CITY to have been used improperly, with:,, 30 days after termination of this Agreement. V. GENERAL PROVISIONS 5.1 Subcontract for Performance of Services. Nothing in this Agreement shall prohibit, nor be construed to prohibit, the agreement by the CHAMBER with another private entity, person, or organization for the performance of those services described in 12.1 above. In the event that the CHAMBER enters into any arrangement, contractual or otherwise, with such other entity, person or organization, the CHAMBER shall cause fuch other entity, person, or organization to adhere to, conform to, and be subject to all provisiomc, terms, and conditions of this Agreement and to TEX. Tex Coot; ch. 351, including reporting rest arements, separate funds maintenance, and limitations and prohibitions pertaining to expenditure of the agreed payments and hotel tax funds, 5.2 Independent Contractor. The CHAMBER shall operate as un indcdendent contractor as to all services to be performed under this Agreement and not as an officer, agent, servant, or employee of the CITY. The CHAMBER shall have exclusive control of its operations and performance of services hereunder, and such persons, entities, or organizations performing the same and the CHAMBER shall be solely responsible for the acts and omissions of its directors, officers, employees, agents, and subcontractors. The CHAMBER shall not be considered a partner or joint venturer with the CITY, nor shall the CH 1,MBER be considered nor in any manner hold itself out as an agent or official representative of the CITY. 5.3 Indemnification. The CHAMBER agrees to indemnify, hold harmless, and defend the CITY, its officers, agents, and employees from and against any and all claims or suits for injuries, damage, loss, or liability of whatever I ind or character, arising out of or in connection with the performance by the CHAMBER or those services contemplated by this Agreement, including all such claims or causes of action based upon common, constitutional or statutory law, or based, in whole or in part, upon allegations of negligent or intentional acts of CHAMBER, its officers, employees, agents, subcontractors, licensees and invitees. 5.4 Assignment. The CHAMBER shall not assign this Agreement without first obWnirq the • written consent of the CITY. O ~ 5.5 Notice. Any notice required to be given under this Agreement or any statute, ordinance, or regulation, shall be effective when given hi "ting and deposited in the United States mail, certified mail, return receipt requested, or by hand-0elivery, addressed to the respective parties u follons: 104 .,.p .10 32XIr~ 1 O . ".jLYOR, 14R i 1 CITY CHAMBER City Manager Denton Black Chamber of Commerce ' City of Denton John Baines 215 E. McKinney 625 Dallas Drive Denton, TX 76201 Suite 200 Denton, Texas 76205 5.6 IouremeaL This Agreement and each provision hereof, and each and every right, duty, obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation of the CITY and the CHAMBER and their respective successors and assigns. 5.7 Application of Laws. All terms, conditions, and provisions of this Agreement are subject to all applicable federal laws, state laws, the Charter of the City of Denton, all ordinances passed pursuant thereto, and at.' judicial determinations relative thereto. 5.8 Exclusive Agreement. This Agreement contains tie entire understanding and constitutes the entire agreement between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, express or implied, between or among the parties hereto, relating to the subject matter of this Agreement, which are not fully expressed herein. The terms and conditions of this Agreement shall prevail notwithstanding any variance in this Agreement from the terms and conditions of any other document relating to this transaction or these transactions. 5.9 Duplicate Originals. This Agreem,,;?t is executed in duplicate originals. 5,10 Headings, The headings and subheadings of the various sections and paragraphs of this Agreement are inserted merely for the purpose of convenience and do not express or imply any limitation, definition, or extension of the specific terms of the section and paragraph so designated. 5.11 Severability. If any section, subsection, paragraph, sentence, clause, phrase or word in this Agreement, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Agreement, and the parties hereby declare they would have enacted such remaining portions despite 0 any such invalidity. 5.12 Insurance. The CHAMBER shall, at a minimum, provide insurance as follows: $500,000 Commercial C eneral Liability, or St,000,000 Event Insurance, covering a,:y event held or City property Q Statutory Workers' Compensation and Employers Liability 0100,000 $500,00015100,000) O $500,000 Business Automobile Liability on any owned, non-owned or hired vehicles The CITY must be named as an additional insured on all policies (except Workers' Compensation) and proof of coverage shall be submitted prior to any payment by the CITY. 105 Io ^2X111 1 1 I n V. J 4". il. .a., ! n.r aM'/Y i~x..: ♦in 1•. ._!.~v1 ,T✓wa.A M~..~ r r EXECUTED this _ day of 11998. THE CITY OF DENTON, TEXAS By: f JACK MILLER, MAYOR dt a ATTEST: APPROVED AS TO LBG}AI:"PM: t' By. By: JENNIFER WALTERS. / HERBERT L. PROUTY, CITY SECRETARY l CITY ATTORNEY DENTON BLACK CHAMBER OF COMMERCE / By: ChairmarvDirector ATTEST: APPROVED AS TO LEGAL FORM: By, By: _ Secretary 4 rrnnasyta~o ~amnrl..fn..~wuotcn..xsra c*ne. be ~ r Jt; s 1 •I, ~ I 1 106 ;t,w~ xC~1 32xIO o , :':NOW 11 as fl.wNe auepet v.: a canmve. I , w can am pl~~ i: "ho 11 tNa , u ctir. r T WON ratf ~ li0. ~A IOr tAO, lero0ur an T .00 0. 0. T ~ ALIM i foI ' T 7 . if0. 00. w M dq IJ1/ -OVW m of M tt And IhMn 0. 1" Olld so at T , of r T 107 Mid •:,d 99NIVa'f N+OC 5696ti£eta at a0 Mt-[E-©t 1 9 'itaF~~al O I DENTON BLACK CHAMBER OF COMMERCE FINANCIAL REPORT Program Year 1999 t • ti 1ST 2ND 3RD ITH BUDGET }r QUARTER QUARTER QUARTER QUARTER YEAR TO VS APPROVEOBUDGEY".:V$; {'r (Jan-Afar) (Apr•Jun) (Jul-Sep) (004)►c) DATE ACTUAL Bagtnntng CMS r r'' $0 so $0 $O $0 $0 i R I ,~i '~rq pY +10 XTOAN ccupancy TaxS0 S0 s0 SO s0 $7,000 O Interest income 0; Vi- 0 0 0 0 0 0 Total Receipt t' r X71006 $O $O SO $O s0 $7,000 Olsbunamants X. General Frcpanse * SO SC SO $O SO Si Director ReImb Exp Training d Travel" Of See 8upp9ee ~ "i 4 ! ~n~ telephone .ti d `fit Pdnting r g Postage r 1 kt 0 0 0 0 0 300 AQv0Nsing TourlsmPromotlat [kL, rd~ 1 0 0 0 0 0 3,515 _ TOW AdveNshq ` , 571000 s0 SO $O $O $6 $7,000 TL TotelOlsbursaments. 1 ` y'+ 1,000 $o $O s0 $0 $0 $7,000 Pecolpb/Olsbur iftwn $0 $o $0 so so $o Ending Cuh , .may } z• r;,'tiyy y $O $0 $O SO $O $O w RECONCILIATION $0 $0 so $0 $0 so Case en Hand ± Less Outstanding Checks 0 0 0 0 0 0 OtMr Adjualmseb t; -a:` 0 0 0 0 0 0 Bank Balance 0 $0 so $0 VeAance e1b■0 So $o So So So So 0 ~ ~ O O Date Submitted Program 04,ector 108 - , A' , ~ 'mot, 32 x e , c I~ ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON HISPANIC CHAMBER OF COMMERC" FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor is hereby authorized to execute Pn agreement between the City of Denton and the Denton Hispanic Chamber of Commerce for the payment and use of hotel tax revenue, under the terms and conditions contained in the agreement, a copy of which is attached hereto and made a part hereof. SECTION IL That this ordinance shall become effective immediately upon its passage and appro-ial. i PASSED AND APPROVED this the day of 1998. JACK MILLER, MAYOR AT TEST: JENNIFER WALTERS, CITY SECRETARY A BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY AT7ltNF,Y e t BY: 109 ~ , " 29 ~n 32 x~Q t 0 I j i AGREEMENT rETWEEN THE CITY OF DENTON AND + THE DENTON HISP +NIC CHAMBER OF COMMERCE (CY1999) PROVIDING FOR THE P: 17MENT AND USE OF HOTEL TAX REVENUE ' THIS AGREEMENT made between the City of Denton, Texas, a municipal corporation (the "CITY'), and the Denton Hispanic Chamber of Commerce, a legal entity existing under the laws of the State of Texas (the "CHAMBER'): WHEREAS, Tex. Tax Code §351.002 authorizes the CITY to levy by ordinance a municipal hotel occupt nc; tax ("hotel tax') not exceeding seven percent (70/16) of the consideration paid by a hotel occupant; and WHEREAS, by ordinance, t1le CITY has provided for the assessment and collection of a municipal hotel cecup„ncy tax in the City of Dento.i of seven percent (7%); and WHEREAS, rex. Tax Code §351.101(x) authorizes the CITY to use revenue from its municipal hotel occupancy tax to promote tourism and the convention and hotel industry by advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity; and WHEREAS, the CHAMBER is well equipped 10 perform those cctivities; and WHEREAS, Tex. Tax Code §351.101(c) authorizes the CITY to delegate by contract with the CHAMBER, as an independent entity, the management and supervision of programs and activities of the type described hereinabove funded vith revenue from the municipal hotel occuoancytax; NOW, THEREFOR/, in consideration of the perbrmance of the mutual covenants and promises contait;ed herein, the CITY and the CIhAMBER agree and contract as follows: I, HOTEL TAX REVENUE PAYMENT i 1.1 Consideration. For and in consideration of the activities to be performed by the CHAMBER under this Agreement, the CITY agrees to pay to the CHAMBER a portion of the hotel tart revenue collected by the CITY at the rates and in the manner specified herein (such payments by the CITY to the CHAMBER sometimes herein referred to as the "agreed payments" or "hotel tax funds'). 1.1 Amount of Payments. (a) As used in this Agreement, the following terms shall have the followi% specific mear ings: p (i) The term "hotel tax revenue" shall mean the gross monies collected and received by the City as municipal hotel occupancy tax at the rate of seven percent (7%) of the price paid for a room in a hotel, pursuant to Texas Tax Code 351.002 and City 110 t. fC 32x!o a o l Ordinance. Hotel tax revenue will include penalty and interest related to the late payments of the tax revenue by the taxpayer. (ii) The n:n "Collection period" will mean the collection period for the CITY's fiscal year, It will include hotel tax re,.enue due to the City for the relevant fiscal year and collected through the 22nd day of the month Mowing the close of the relevant fiscal year. (iii) The term "base payment amount" shall mean a net amount of money equal .p the tail hotel tax revenue collected by the IITY during any relevant period of time fiscal year or fiscal quarter), less (1) attorney and auditing costs incurred during such relevant period of time for costs of collection or auditing of hotel taxpayers. Attorney and auditing costs include fees paid to attorneys or aget,ts not in the regular employ of the CITY for which attorneys or agents effect compliance or collection of the hotel tax from taxpayers; and (2) court costs and other expenses incurred in litigation against or auditing of such taxpayers. (iv) The term "contract qudner" shall refer to any quarter of the calendar year in which this ATeentent is in fore. Contract quarters will end on March 31", June 300', September 30' , a•:d December 31" of each contract year. (b) In return for satisfactory performance of the activities set forth in this Agreement and all attachments hereto, the CITY shall pay to CHAMBER an amount of money in each contract year equal to the fixed contract amount of Five Thousand Dollars ($3,000). This amou„t will be divided into no more than two payments. Each payment is subject to receipt of unused funds frum the prior contract period and the receipt of the required quarterly reports. 1.3 Dates of Payments. (a) The term "payments" shall mean payments by the CITY to the CHAMBER of those atnounts specified in $ {.2, above. as determi,red by the hotel tax revenue collected. (b) to rt tun for the satisfactory performance of the activities set forth in this contract and all an . t merits thereto, CITY shall pay Co.- CHAMBER the agreed payments specified in 11.1 above by no more than two ya,-nents, paying the fix: d contract amount during the In and Ind quarter of the calendar year. If i second payment is due., that payment shall be paid upon receipt of Ile required reports and after the 2P day following the last day of the contract quarter. If quarterly financial and performance reports are not received within thirty (30) days of the end of the applicable quarter, the recipient may be held in breach of this Agreement The CITY may withhold the qua,terly paym-!nt(s) until the appropriate reportr are received and approved, which approval shall not unreasonably be withheld 1.4 Other imitations regarding <onslderation. (a) The fundinb of this project in no way commits the CITY to future funding of this 1 program beyond the current contract period, Any fr. tee fuming is solely the responsibility of the CHAMBER. I lI{ I I~ I ti4 i i o c.~edr , r I Q ' i'OMIYA I , r 1 (b) It is expressly understood that this contract in no way obligates the General Fund or any other monies or credits of the CITY. (c) CITY rteay withhold further allocations if CITY determines that CHAMBER'S expenditures deviate materially from their approved budget. 11. USE OF HOTEL TAX REVENUE 2.1 Use of Funds. For and in consideration of the payment by the CITY to the CHAMBER of the agreed payments of hotel tax funds specified above, the CHAMBER agrees to use such hotel tax funds only for advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipa)ity o, its vicinity as autborizcd by TEX. TAX CODE §351.101(a). Funds for any calendar year wldch are unused by midnight December 31" of that year shall be refunded to CITY within thirty (30) days. 2.2 Administrative Costs. The hotel tax funds received from the CITY by the CHAMBER may be spent for day-to-day operations, supplies, salaries, office rental, trav-.l expenses, and other administrative cos!s that are incurred directly in the performance by the CHAMBER of those activities specified in 12.1 above and are allowed by TEX. TAX CODE §351.101(f). 2.3 Specific Restrictions on Use of Funds. (a) Thar portion of total administrative cods of the CHAMBER for which hotel tax funds may be used shall not exceed that portion of the CHA.MBER's'administrative costs actual y incurred in conducting the acfi,,ities specified in 121 above. (b) Hotel lax funds may mi. be spent for travel fur a person to attend an event or conduct an activity the primary purp,)se of which is not directly related to the promotion of local tourism and the convention and hotel industry or the perforrme.: of the person's job in an efficient and professional manner. IIL RECORDKEEPING AND REPORTING REQUIREMENTS 3.1 Budget. • (a) The CHAMBER shall prepac and submit to the City Manager of the CITY an annual budget (see Exhibit "A") as approved by the City Council fo, each calendar year, for such operations of the CHAMBER in which the hotel tax funds shall be used by the CHAMBER. This budget shall specifically identify proposed expenditures of hotel tax funds by the CHAMBER. In other words, the CITY should be able to audi' specifically wMAre the funds in the separate account • relating to hotel tax funds wili be expender. rho CITY shall tot pay to the CHAMBi:R any hotel tax revenues as set forth in Sertion I of this contn ct during any fiscal year of this A,gcemen! unless O • a budget for such respective fiscal year hai been approved in writin^ by the DentA City Council authonzing the expenditure of funds. Failr,te to submit an annual budget may be considered a breach of contract, and if not remedied is considered grounds for termination of this Agreement as staled in paragraph 4.2. 112 i o o (b) The CHAMBER acknowledges that the approval of such budget by the Denton City Council creates a fiduciary duty in the CHAMBER with respect to the hotel tax funds paid by the CITY to the CHAMBER under this Agreement. The CHAMBER shall expend hotel tax funds only in the manner and for the purposes specified in this Agreement, TEX. TAX CODE §351.101(a) and in the budge, as approved by the CITY. 3.2 Separate Accounts. The CHAMBER shall maintain any hotel tax funds paid to the CHAMBER by the CITY in a separate barn account with segregated accounting, such that any reasonable person can review the source of expenditures of tax funds, A bank roconcibation report (see Exhibit "B") is required with each quarterly report. 3.3 Financial Records. The CHAMBER shall inairtain complete and accurate F, Id records of each expenditure of the hotel tax funds made by the CHAMBER These . g are required to be cl,tissified as restricted funds for audited financial purposes, and may not be used for supporting services, including, but not limited to, auditing fees ind attorney's fees, Upcn reasonably advance written Nuest of the Denton City Council, the City Manager or designate, or any other person, shall make such financial records available for inspection gad review by the party making the request. CHAMBER understands and accepts that all such financial records, and any other rccords relating to this Agreement shall be subject to tl.e Public Information Act, TEx, Gov'T CODE, ch. 552, as hereafter amended. 3.4 Quarterly Reports. After initial receipt of hotel tax f Inds, and within thirtydays after the end of every quarter thereafter, until all funds have beet expendod and reported to the CITY, CHAMBER shall famish to CITY: (1) a performance report of the work performed under this Agreement describing the activities performed pursuant to this Agreement during tha: contract quarter, and (2) a list of the expenditures made with regard to hotel tax funds pursuant to TEX. TAX CODE §351,101(c). Both the performance and expenditure reports will be in a form either determined or approve d by the City Manager or designate (see Exhibit "B'), The CHAMBER shall respond promptly to any request from the City Mmiager of the CITY, or designate, for additional information relating to the activities performed under this Agreement. 3.5 Notice of Meetings. The CHAMBER shall give the City Manager of the CITY reasonable advance written notice of the time and place of all meetings of CHAMBER's Board of Directors, as well as any other mee'ing of any constituency of the CHAMBER at which this Agreement or any • miner the subject of this Agreement shall be considered. This provision shall not be deemed to require the CHAMBER to give notice of any executive session of the Executive Committee of the CHAMBER. IV. TERM AND TERMINATION • 4,1 'f;rm. The term of this Agreement shall commence on Jan•rary 1, 1999 and terminate at midn ght on December 31, 1999. This term shall be a period of one yvar. O • 4.2 Terminntion Wttbout Cause. (a) This Agreement may be terminated by either party, with or without cause, by giving the other party sixty (60) days advance written notice, 113 j 32X WIN s :.rte 0 M m I (b) In the event this contract is terminated by either parry pursuant to Section 4.1(a), the CITY agrees to reimburse the CHAMBER for any contractual obligations of the CHAMBER undertaken by the CHAMBER in satisfactory performance of those activities specified in %12.1 and 2.2 above and that were approved by the Council through the budget, as noted in 13.1. This reimbursement is conditioned upon such contractual obligations 'having been incurred and entered into in the good faith performance of those services contemplated in IM23 and 2.2 above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. Notwithstanding any provision hereof to the contrary, the obligation of j the CITY to reimburse the CHAMBER or to assume the performance of any contractual obligations of the CHAMBER for or under any contract entered into by the CHAMBER as contemplated herein shall not exceed 66 2/3% of the current quarterly payment. (c) Further, upon termination pursuant to 14.2(a), the CHAMBER will provide the CITY: 1) Within 10 business days from the termination notification, a short-term budget of probable expenditures for the remaining 60 day period between termination notification and contract termination. This budget will be presented to Council for approval within 10 business days after receipt by CITY. If formal approval is not given within 10 business days and the budget does not contain any expenditures that would be prohibited by the Tex& Tax Code, and is within the current contractual period approved budget; the budget will be considered approved; 2) Within 30 days, a full accounting of all expenditures not previously audited by the City; 3) Within S business days of a request from the CITY, a listing of expenditures that have occurred since the last required reporting period; 4) a final accounting of all expenditures and tax funds on the day of termination. The CHAMBER will be obligated to rttum any unused funds or funds determined to be used improperly. Any use of remaining funds by the CHAMBER after notification of termination is conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contutnplated in 2.1 and 2.2 above, and further conditioned upon such contractual obligations having a term not exceeding the full tern of this Agreement. 4.3 Automatic Termination, This Agreement shall automatically terminate upon the occurrence of any of the following events: (a) The termination of the legal existence of the CHAMBER; e , (b) The insolvency of the CHAMBER, the filing of a petition in bankruptcy, either voluntarily or involuntar ly, or an assignment by the CHAMBER for the benefit of creditors; (c) The r ontinuation of a breach of any of the terms or conditions c f this Agreement by either thv CITY or the CHAMBER for more than thirty (30) days a ler vMtten notice of such breach is given to the breachirg party by the other party; or 0 (d) The failure of the CHAMBER to submit a frr.mcial quarterly report which complies with the reporting procedures required herein and generally accepted accounting principles prior to the bejim:h g of the ne, t contract term, or quarterly as required by Section 1.3 hereof. j 114 f • U 4,4 Right to Immediate Termination Upon Litigation. Notwithstanding any other provision of this Agreement, to m?tigate damages and to preserve evidence and issues for judicial determination, either party shall have the right to terminate this Agrees,.-:t upon immediate notice to the other party in the event that any person has instituted litigation conceming the activities of the non-terminating party, and the terminating party reasonably believes that such activities are required or prohibited under t,as Agreement. 4.5 In the event that this Agreement is terminated pursuant to IM4.3 or 4.4, CHAMBER agrees to refund any and all unused funds, or finds determined by the CITY to have been used improperly, within 30 days after termination of this Agreement V. GENERAL PROVISIONS 5.1 Subceptract for Performance of Services. Nothing in this Agreement shall prohibit, nor be construed to prohibit, the agreement by the CHAMBER with another private entity, person, or organization for the performance of those services described in 121 above. In the event that the CHAMBER enters into any arrangement, contract :-1 or otherwise, with such other entity, person or organization, the CHAMBER shall cause such other entity, person, or organization to adhere to, conform to, and i.a subject to all provisions, terms, and conditions of this Agreement and to TEX. TAX CODE ch. 351, including reporting requirements, separate funds maintemance, and limitations and prohibitions pertaining to expenditure of the agreed payments and hotel tax funds. 5.2 Independent Contractor. The CHAMBER shall operate as an independent contractor as to all ervices to be performed under this Agreement and not as an officer, agent, servant, or employee of the CITY. The CHAMBER shall have exclusive control of its operations and performance of services hereunder, and such persons, entities, or organizations performing the same and the CHAMBER shall be solely responsible for the acts and omissions of its directors, officers, employees, agents, and subcontractors. The CHAMBER shall not be considered a partner or joint venturer with the CITY, nor shall the Cll.d,MBER be considered nor in any manner hold itself out as an agent or official representvive of the CITY. 5.3 Indemnitleatien. The CHAMBER agrees to indemnify, hold harmless, and defend the CITY, its officers, agents, and employees from and against any and all claims or suits for injuries, damage, loss, or liability of whatever kind or character, arising out of or in connection with the performance by the CHAMBER or those services contemplated by this Agreement, including all such claims or causes of action based upon common, constitutional or statutory law, or based, hi whole or in pan, upon allegations of negligent or intentional acts of CHAMBER, its officers, employees, agents, subcontractors, licensees and invitees. 5.4 Assignmt-at. The CHAMBER shall not wigr this Agreement without first obtaining tie • written consent of the C: FY. O • 5.5 Notice, Any noti.a required to be given under this Agreement or any statute, ordinance, or regulation, shall be effective when given in writing and ueposited in the United States mail, certified mail, return receipt requested, or by hand-delivery, addressed to the respective parties as follows: 115 I 32X ~w r s ' oakum f: 0 I CITY rHAMB City Manager Denton Hispanic Chamber of Commerce City of Denton Tomasa Garcia 215 E. McKinney P.O. Box 425976 Denton, TX 76201 Denton, Texas 76202 i 5.6 Inurement. This Agreement and each provision hereof, and each and every right, duty, obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation of the CITY and the CHAMBER and their respective successors and assigns. 5.7 Application of Laws. All terms, conditions, and provisions of this Agreement are subject to all applicable federal laws, state laws, the Charter of the City of Denton, all ordinances passed pursuant thereto, and all judicial delenninations relative thereto. 5.8 Exclusive Agreemeot. This Agreement contains the entire understanding and constitutes the entire agreement between the patties hereto concerning L%e subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, exprss or implied, between or among the parties hereto, relating to the subject trader of this Agreement, which arc not fully expressed herein. The terms and conditions of this Agreement shall prevail notwithstanding any variance in this Agreement from the terms and conditions of any other document relating to this transaction or these transactions. 5.9 Dupllcate Originals. This Agreement is executed in duplicate originals, 5.10 Headings. The headings and subheadings of the various sections and paragraphs of this Agreement are insetted merely for the purpose of convenience and do not express or imply any limitation, definition, or extension of the,~xific terms of the section and paragraph so designated, 5.11 Sevcrabillty. If any section, subsection, rrragraph, srntence, clause, phrase or word in this Agreement, or application thereof to any person or cimanstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Agreement, and the parties hereby declare they wnald have enacted such remaining portions despite any such invalidity. • EvEC r TED this _ day of 1998. THE CITY OF DENTON, TEXAS • By. TACK MILLER, MAYOR ATTEST; APPROVED AS TO LE1.;AL FORM: 116 x. 25 x 10 32 x I Q' low , lama" 0 r , ' f wsavvm 4 By By, r JENNIFER WALTERS, HERBERT L. PROUTY, CITY SECRETARY ` CITY ATTORNEY DENTON HISPANIC CHAMBER OF COMMERCE By: ATTEST: APPROVED AS TO LEGAL FORM: i B By: p~ Secretary IW~fJgfi{LA•On,+nwfahe'.RNOI [aneYN+pmk OrMd I` I( i f , r c• ' a l r r`: r 117 3 10 .e XNM" 0 WMIAta Tomasa L. Uarcla, M.W. 94U38U1!!b JU/L.1/199 d IU:U4:4J HM 6'.L SLk49.P,1mSuitel PA. Box 425970 ' psb 4 mbee d ommerce j Denton, TX 16204 ! (940) 3812901 jam! { Pare (940) 182.5681 , i plroct ~ } . i~J f Pro ecto Zapotlan Hispanic Concert: Budget ' ~~,>Ar anBrrv+~e A,Gmt.protormers John. Nomd Travel Expenses $2300.00 r" r B. Printing costs * Un Brochures Fliers K Preeideiiy i Post cards, etc $1500.00 Tomah L oat C. Advertising Mail outs paid ads r Radio & TV spots $1000.00 Total $5000,00 pit. , ' 1 f` i 118 w ~t1 ( i i 0 i I I HISPANIC CHAMBER OF COMMERCE FINANCIAL REPORT Program Year 1999 15T zNv 3RD 4TH ' ' y7, . ` QUARTER QUARTER QUARTER QUARTER YEAR TO VS APPROVED BUDGET po-Mar) (Apr-Jun) (Jul-Sep) (Oct-Dec) DATE ACTUAL Beginning Cash$0 $0 $0 $0 $0 E0 k t ReOccuPpnnv Tax rr r $SAO S0 $0 $0 $0 $0 $5,000 Interest Income A = 0 0 0 0 0 0 0 Total Recolpts irk 4 Kwo $0 $0 $9 $0 $0 $5,000 F.r Adverfl,L Prlnting r ;1~li00 $0 $0 $0 $0 $0 $1,500 Advertising 1,600 0 0 0 0 0 11000 Total Advertising 42,500 $0 s0 $0 $0 $0 $2,500 Guest Perm meta r r , 2,sob $0 so so $0 $0 $2,500 v hh 000 $0 $0 s0 $r` $0 $5,000 Total Disbursements Execso/ 'sE'xr t~ r H! ReceiptsMisbursiments $0 $0 $o $0 $0 s0 Endin Gash $0 so $0 s0 $0 $0 RECONCILIATION 1 .l' r Cash on Hand ly J ti,4 1,r $0 $0 $o so $0 $0 • Lose Outstanding Checks 0 0 0 0 0 0 otherAdjustmenb 0 0 0 0 0 0 Bank Balance so so o Variance sPouO~ $0 i0 $0 s0 so $0 O ~ O tis,~d Date Submitted Program Director I 119 A , ID rtlfOPAQI ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THI' CITY OF DENTON AND DENTON COUNTY FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE IN SUPPORT OF THE COURTHOUSE- ON-TI!h .'QUAKE MUSEUM; AND PROVIDING AN EFFECTIVE DA? 1. WHEREAS, Tex. Tax Code §351,101(a) authorizes the City of Denton, Texas to use revenue from its municipal hotel occupancy tax to promote tourism and the convention and hotel industry by advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity, as well as to engage in historical restoration and preservation projects and activities Lid advertising and conducting solicitations and promotional programs to encourage tourists and convention delegates to visit preserved historic sites and museums; and WHEREAS, the County of Denton. Texas is well equipped to perform those activities by its opcratiun of the Courthouse-on-the-Square Museum; and WHEREAS, Tex. Tax Code §351.101(c) authorizes the City of Denton, Texas to delegate by contract with the County of Denton, Texas, as a govemmer al entity, the management and supervision of programs and activities of the type descriLad hereinabc ve funded with revenue from the municipal hotel occupancy tax; and WHEREAS, both the City of Denton, Texas and the County of Denton. Texr-, have a secondary source of authority to enter into an interlocal cooperation agreement, pursuant to Chapter 791 of the Texas Government Code, as: the agreement is t.dthorized by both governmental bodies; the agreement states the purpose, terms, rights, and dudes of the contracting parties; the consideration is being paid by City of Denton, Texas out of current revenues; tha compensation is fair; and the services to be performed are "mt:sedm services" authorized under §791,003(3XF) of the Texas Government Code, which each party is r :thoriz,ed to perform individually; NOW, THEREFORE, THE. COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION 1. That the Mayor is hereby a+ahorized to execute an interlocal agreement between the City of Denton and Denton Couuty fn the payment and use of hotel tax revenue in support of the Courthouse-On-The Square Museum, under the terms and conditions contained in the agreement a ropy of which s attached herelc and made a part hereof. • SFCTjQ"Llj. That this on!inance shall become effective immedia,zly upon its passa;le p ti at d approval ~J 1 l ~xro* 32X Cl 9 x . 0 „ PASSED AND APPROVED this the ! day of _ 1998. i { 1 JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY 1., BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY Al-r0 EY r' r E , r y r 1t f i 1 .1 r t .x u 1 t , 121 i - 1A<~,'Str'; K "'t+e + w, 32X r r WWIIW O orb FROM DENTON CITY ATTORNEY FAN NO.1 9467127923 12-e7-91 031U► F.12 AGREE1VfENT BETWEEN THE CITY OF DENTON AND { DENTON COUNTY, TEXAS (COURTKOUSE ON THE SQUARE .MIUSEV? N(CY1999) PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE ' TIES AGREEMENT mods between the City of Denton, Texas, a municipal corporation (the "CITY), and County of Denton, Texas, a govemmental entity existing under the laws of the State of Texas, contracting on behalf of its Courthouseon-the-Square Museum (collectively, the "MUSEUM'): WHEREAS, Tex, Tax Code 4351.002 autiwtues the CrrY to levy by ordinance a municipal hotel occupdxy tax ("hotel tax') not exceeding seven percetd (7%) of the consideration paid by a hotel oocupaat; and i WHEREAS, by ordinance, the CITY has provided for the assessment and collection of a municipal hotel occupancy tax in the City of Denton ofseven percent (7%); and WHEREAS, Tex. Tax Code §351.101(a) authorizes the CITY to use revenue from its municipal hotel occupancy tax to promwe tourism and the convention and hotel industry by adverti sing and conducting solicitations and p, arnotional programs to attract tourists and aorv%tion delegates or registrants to the municipality or its vicinity, as well as to engage in historical 1 rostoradon and preservation projects and activities and advertising and conducting solicitations and {promotional srograms to encourage tourists and convention delegates to visit preserved historic sites and rmismais; and WHEREAS, the MUSEUM is well equipped to per.°orm time activities; and i WT•IEREAS, Tex. Tax Code 1311.101(c) authorizes the CITY to delegate by contrau with the MUSEUM, as a governmental entity, the management and supervision of programs and activities of the type described hereinabove funded with revenue from the municipal hotel occupancy tax; and WHEREAS, both CITY and MUSEUM have a secondary source of suthority to titer Into this Agreement as on lnterlocal coWeratiur, agreement, pvnuant to Chapter 791 of the Texas Government Code, as. the Agreemenj Is outhodzrd by both govemmmtal bodies; the Agmmeni states the purpose, terms, rights, and duties of the wmrocting parties; the 00MRiderstion is being paid by CITY out of current revenues; the compensation is fair, and the sevices to be performed are • "museum services" authotized under 4791.003(3XF) of the Texas Goveninent Code, which each party is authorized to perform Individually; NOV., THEREF^RE, In consideration of site pelorm>ncs of is a mama[ covenants and r promises contdned heel,,, the CITY Ltd s;;e MUSEUM spree and contract as follows: • 1. HOTEL TAX REVENUE PAYMENT 1.1 Coodderation. For and in consideration of the activities to be performe,' by the MUSEUM under this Agreement, the CrrY agrees to pay to the MUSEUM a portion of the hotel tart revenue 122 I 40- e U .noun" FR 0111 VVITON CI'v RTTnRN•I FAX No 1 9403037923 '7- d •90 63i13P /,41 I collected by the CITY at tte rata and it the manner specified heroin (such payments by the CITY to the MUSEUM sometimes berdn refema' to 'a the "agreed paymcnls" or "hotel tax Annds'). 1.2 Amouot of Psytneotr. (a) As used nt this Agreement, tree following terms shall have the following specific tneanirips: (I) The term "hotel tax revenue" shall mran the gross moolea collected and n eceived by the Cit) as munitiipal hotel oceapamy tax at the rate of seven percent (713) of the price paid for a room In a '.otel, pursuant to Texas Tax Code 331.002 and City Ordinance, Hotel tax revenue will include penalty and interest related to the late payme~ its of the tax revenue by the taxpayer, (i7 TI:e terns "Collection period" will mean the collection paw for the CITY's fieW year. It wilt include hotel tax revenue due to the City for the relevahl flseal year and ' collected through the 22nd day of the month following the close of the relevant fiscal year, (ii) The ten'Uase payment amt'mt" rhall mean a net amount of money equal ` tc the tohl hotel tax revenue collected by the CI-r"during any re -vast period of time (t.e., 53:al year or fiscal quarter), less (l) attorney and suditing costa incuacd during such relevwrt period of time for costs .)f collection or auditing of hotel taxpayers. Attorney and auditing costa incl,ide fees paid to ariomeys or agents not in the regular employ of the CITY for which attorneys or agents elTec1 compliance or collection of the hotel tax from taxpayers; and (2) court costs and other expertsa incurred :f! litigation against or auditing of such taxpayers. (iv) Tha term "contract quarter" small refer to any quarter of the calendar ,4&r in which thia A ne!nt is In force. Contract quarters will end or March 31", June 300', Sept umber 30', and Dec embei 31 s of each contact year. (b) In return for salisfactory performance of the activities set forth In +his Agreement and all attachments hereto, the CITY shall pay to MUSEUM an amount of money in each contract year equal to the lesser amount of: Eight and Thirt,--One Ore Hundredths percent (8.3104) of the a_nncxl hale payment amount ru the fixed contract amount of Sixty-Nine Thousand and Sixtyfr•ur Dollars ($69,064). This amount will be ,tiv~u, S into quarterly ' payments equal to 25% of the anouall fixed contract amour,, unl xs the CTTY can show with reasonable certainty that the annual base payment amount will be lots than origintlly tis6mated for the fiscal year. The founh quarterly payment v ill represent 23% of the fixed coo tra •l amount or the unpaid remainder of 8,31% of the base payT teat amount, wtd,;htver is Is". Each quaterly ~ payment is subject to receipt, f urn sad funds from the print eontrawt peried and t4, Teceipt oftne { required quarterly reports, 1.3 Data of Payments, (a) Tae term "quarterly payments" sha.: mean paymrtts by the CCTV to the Mi'SEUM of ! thosd amounts specified In 11,2, above, m deterTn;r,ed by Oe Mel tax m- nue collected. 121 ` 0 FRORt DENTON CITY ATTORNEY FAX NO.t 91a3e27923 12-01-99 03125P P.14 7 (b) Each quarterly payment shall be paid upon receipt of the required reports and after the 25th day following the last day of the contract quarter. If quarterly financial and perforrnAme reports are not received within thirty (30) days of the end of the applicable,, contract quarter, the recipient may be held in bmaoh of this Agreement, The CITY may withhold the quarterly payment(s) until the appropriate re)forta are received and approved, which approval shall not unreasonably bo wilhiwld. 1A Other IJtnltatkoos regarding consideration. (a) The funding of this project in no way =urits the CITY to future funding of this program beyond the current contract period Any future funding is solely the responsibility of the MUSEUM. i (b) It Is expretaly understood that this contract in no way obligates the General Fund or !arty other :no tias or credits of the CITY, (c) CITY may withhold further allocations if CITY determines that MUSEUM's expendihL,,s deviate materially from then approved budget, IL USE OF HOTEL TAX REVENUE 2.1 Use of Fungi. For and in consideration of the payment by the CITY to the MUSEUM of the agreed payments of hotel tax funds specified above, the MUSEUM agrees to use such hotel tax funds only for advertising and conducting solicitations and promotional programs to attract tourists and convention dcleaatcs or rcgisix" to the municipality or Ili vicinity, as we" as to engage in historical restoration and pmervation projects and activities sad advertising and conducting solicitations and promotional programs to encourage tourists and convention delegates to visit preserved hi0oric sites and museums, as authorized by TEx, Tex CODE §351.101(3x3) and (3x5). Funds for my calendar year which are unused by midnight December 31" of that year shall be rellrrtded to CITY within thirty (30) days., 2.2 Administrative Costs 'lire hotel tax funds received from the CfIY by the MUSEUM may be spent rot day-to-day operations, supplies, salaries, office rental, travel expenses, and other administrative costs that are incurred directly in the performance by the MUSEUM of those activities specified in 121 above and are allowed by Tax. Tex Cott: §351.101(0. 0 2.3 Specilk Restrictions on Use of Foods. (a) That portion of total adm'nistrative costs of the MUSEUM for which Wei tat funds tray be Cued shall not a-teed that portion of the MUSEUM's adminisrrative Costs aclt:allY incurred in conducting the activities specified in 12.1 above. (b) Hotel tax ftrnds may not be spent for travel for a person to attend an event or conduct k J an activity the primary purpose of which is not directly related to the promotion of local tourism and the convention and hotel industry qr the Nrfomionce of the person's job in an efficient a,d professional manner. w' 124 32x1} c 0,,. r'~ ,f' l6t Lei v ' K 9 ~ woo. 0 :Mwrwv r FROMI DENTON DrrY ATTORNEY FAX N9.1 9407027927 17-17-98 0S 126P p,Ay 11l. RECORDKEEPING AND REPORTING REQUIREMENT'S 3.1 Sudgel l I (a) The MUSEUM shall prepare and submit to the City Manager of the CITY an annual budget. (see Exhibit "A'j as approved by the City Council for each caletdw year, for such opcratiens of the MUSEUM in which tho hotel tax funds shall be used by the MUSEUM. This budget aholl speoificalty identify proposed rxpcMtutrts of hotel tax funds by the MUSEUM. In other words, the CITY should be able to audit specifically where the finds in the separate account rckoting to hotel tax Rinds will be expended. The CITY shall sot pay to the MUSEUM any hotel tax revenues as set forth in Section I of this contract during any fiscal year of this Agreement unless a budget for such respective fiscal year has been approved In writi-- 91-P tent,,, City Cot ncit authorizing the expenditure of Rmds. Failure to submit an amtuai o".dc, .1, breach of contract, and if rtr•t remedied is considered grounds for temrination of this Agreement as stated in paragraph 4.2. (b) The MUSEUM acknowledges that the approval of such budget by the Denton City Council creates a fiduciary duty in the MUSEUM with respect to the hotel tax furxls paid by the CITY to the MUSEUM tinder this Agreement. Pic MUSEUM shall expend hotel tax fads only in the roartner and for the purposes specified in this Agreement, Tex. TAX CODE 4351.101(0) and in the budget as approved by the Cn Y. I 3.2 Separate Accounts, The MUSEUM shall mantain any hotel tax funds paid to the MUSEUM by the CnY in 1 s,-pa-ate bank count with segregated accounting, such that any reasonable person can review the source of expendintres of tax &nds. A bank reconciliation report (scc Exhibit "B') is required with each quarterly report. 3.3 Financial Records. The MUSEUM shall maintain complete and accurate financial t records of each expenditure of the hotel tax funds made by the MUSEUM. These funds are required to be classified as restricted funds for audited financial purposes, and may not be use: for supporting services, including, but not limited to, auditing fees and attorney's fees. Upon reasonably advance written request of the Denton City Council, the City Manager or designate, or any other person, shall make such financial records available for inspection and review by the pony making the request. MUSEUM understands and accepts that all such financial records, and any other records relating to this Agreement sh..ll be subject to the Public Information Act, TEX. GOVT CODE, ch. 552, as hereafter amended. 3,4 Quarttrly Reports. Within thirty shall Runish to CITY: 1 Y days efts the end of every contract quarto, MUSEUM a perft•rmsnce report of the work performed under thin Agreement desobing the acti vities performed pursuant to this Agreement during that cootrw,t quarter, and (2) a list of the expenditw,es made with regard to hotel tax fulAs pursuant to TEX. TAX CODE g351.101(c). Both the performance apd expenditure reports will be in a form eithe- detenntined or approved by the City Manager or designate (ace Exhibit 'B'). The MUSEUM shalt respond C 0 promptly to any request from the City Manager of the CITY, m designate, for additional in formation relating to the activities performed under this Agreement, 125 r , f 0 FROMI DENTOA CITY PTTOANEY FAN HO.1 9493927123 12-63-90 13126P P.aa i ~ 3.5 Notice of Meetfi, ga. The MUSEUM shall give the City Manager of the CITY reasonable advance written notice of the time and place of an meetings of MUSEUM's Board of Directors, as well as any other meeting of any constituency of the MUSEUM at which this Agreement or any , matter the subject of this Agreement shall be considered. This provision shall not be deemed to require the MUSEUM to give notice of any executive session of the Executive Committee of the MUSEUM IV. TERM AND TERMINATION 4.1 Term. The term of this Agreement shall commence on January 1, 1999 and terminate at f midnight on December 31, 1999. This term shall be a period of one year. 4.2 Terminatfoo Without Cause. I (a) Thit Agreement may be terminated by either party, with or without cause, by giving the other party sixty (60) ceys advance written notice. (b) In the event this contdact is terminated by either party pursuant to Section 4,2(a), the CITY agrees to reimburse the MUSEUM for any contractual obligations of the MUSEUM undertaken by the MUSEUM .T satisfactory performance of those activities specified in 112.1 ` and 2.2 above and that were apps oved by the Council through the budget, as noted in 13.1. This ,t reimbursement is conditioned upon such contractual obligations having been incurred a-d entered into in the good faith performance of those services contemplated in $12.1 and 2,2 above, and further conditioned upon such contractual obligations having a term not exceeding the fbll F tetra of this Agreement. Notwithstanding any provision hereof to the contrary, the obligation of the CITY to reimburse the MUSEUM or to assume the performance of any contractual obligations of the MUSEUM for or under any contract entered into by the MUSEUM as contemplated herein shall not exceed 66 2!3% of the current quarterly payment. (c) Further, upon temtination pursuant to 141(9), the MUSEUM will provide the CITY: l) Within 10 business days from the termination notification, a short-term budget of probable expenditures for the remaining 60 day pcri-d between termination notification and contract termination. This budget will be presented to Council for approval within 10 business days aRer receipt by CITY. If formal approval is not given within 10 business days and the budget does not contain any expenditures that would be prohibited by the Texas Tax Code, and is within the current contractual period approved budget; the budget will be considered • approved; 2) Within 30 days, a full accounting of all expenditures not previously audited by the City; 3) Within S business days of aircquest from the CITY, a listing of expenditures that have occurred since the last required reporting period; 4) a final accounting of all expenditures and tax funds on it a day of termination. The MUSEUM will be obligated to r:turn any unused ftmds of funds determined to be used improperly. Any use of temaining fonds by the MUSEUM after N notification of termination Is conditioned upon such contractual obligations having been incurred and entered Into in the good faith performance of those services contemplated in 2.1 and 2.2 C . above, and further conditioned upon such contractual obligations having is term not exceeding s the full term of this Agreement. 126 32 x~~ fl , 0 i FROM DENTON CITY RrTORNEY FAN No .f 9413027923 12-03-99 03126P P,07 I 4.3 Automatic Termination. This Agreement shall automatically terminate upon the occumvice of any of the following events: I (a) The termination of the legal existence of the MUSEUM; , (b) The insolvency of the MUSEUM, the filing of a petition in barjnptt:y, either voluntarily or involuntarily, or an assignment by the MUSEUM for the benefit of creditors; (c) The continuation of a breach of any of the terms or conditions of this Agreement by either the C" or the MUSEUM for more than thirty (30) days after written notice of such breach is given to the breaching party by the other party; or (d) The failure of the MUSEUM to submit a financial quarterly report which compncs with the reporting procedures requiNd heroin aW generall. accepted seeouming principles prior to the beginning of the next contract term, or quarterly w roquired by Section 1.3 hereof. 4.4 Right to Immediate Termination Upoo Litigation, Notwithstanding any other provision I of this Agreement, to mitigate damages and to preserve evidence and Issues for judicial determination, either party shall have the right to tenminale this Agreement upon imma ste notiw to the other party in the event that any person has instituted litigation concerning the ' activities of the non•termauting party, and the terminating party reasonably believes that such activities we required or prohibited under this Agreement. 4.3 In the event that this Agreement is terminated pursuant to 1143 or 4.4, MUSEUM agrees to refund any and all unused funds, or funds determined by the CITY to have been used improperly, within 30 days after termination of this Agreement. V. GENERAL PROVISIONS 5.1 Subcontract for Performtance of Services. Nothing in Ws Agreement sban prohibit, nor be construed to prohibit, the agreement by the MUSEUM with another private entity, person, or organization for the penfomwIce of those services described in 12.1 above. In the event that the 11USLUM enters into any ammgemenl, contractual or otherwise, with such other entity, person or organization, the MUSEUM shall cause such other entity, person, or organization to adhere to, conform to, and be subject to all provisions, terms, and conditio,et of this Agreement and to TEx. Tex Cou. ch. 131, Including reporting requirements, separate funds rmaintenanoe, and gimti"ons 6 and prohibitions pertaining to expenditure of the agreed payments and hotel tax funds. r, 5.7 todepeadent Contractor. The MUSEUM shall operate as an ind all services to be ependent contractor as to performed under this Agreement curd not as an oA''icer, Pgent, servant, or emplgvte ~ of the CITY. The MUSEUM shell have exclusive control of Its gxntions and performance of services hereunder, and au--h pasons, entities, or rrganizations performing the tame and the MUSEUM shall be solely responsible for the acts and omissions of its directors, officers, 0 employees, agents, and subcontractors. The MUSEUM shall not be considered a partner or joint O venturer with the CfIY, nor shah the MUSEUM be considered not in any manner hold itself out u an agent or official representative of the CITY. t I I 127 In 32 X y, o ' c a FROM OENTON C11Y AITORNEY FAN NO 1407927!27 12-87-110 e3 12FF F,i9 , 5.3 Indemnification. To the extent authorized by law, the MUSEUM agree to indemn4, hold harmless, and defend the CITY, its ofHccn, agents and employees 6mnt end against any and all clauns or suits for injuries, damage, loss, or liability of whatever kind or character, rising out of ' or rn connection with the performance by th,, MUSEUM or those services contecopimoi by this Ageement, including all such claims or causes of action based upon common, constitutional or statutory levy, or based, in whole or in part, upon allrgations of negligent or intentional acts of MUSEUM, its officers, employees, agents, subcontract^ licensees and invitees. 5,4 Assignment. The MUSEUM shall not assign this Agreement within. first obtaining the written consent of the CITY. 1 5.3 Notice. Any notice required to be given under this Agroomewt or any etettrte, ordinance, or regulation, shall be effective when given in writing and deposited in the United States mail, certified mail, return receipt requested, or by hand-delivery, addressed to the respective parties as follows: City Mal alter Denton County Courthouse-On-The Square City of Denton Museum 215 E. McKinney Courthouse-On-The-Square Denton, TX 76201 Oeorgia Caraway, Interim Director 110 W. Hickory St. Denton, Texas 6201 5.6 Inurement This Agreement and each provision hereof, and each and every right, duty, obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation of the CITY and the MUSEUM and their respective successors and assigns. 5.7 Application of Laws. All terms, conditions, and provisions of this Agreement are subject to all applicable federal laws, state laws, the Charter of the City of Denton, all ordinances passed pursuant thereto, and all judicial determinations relative thereto. 5.8 Exclusive Agreement. This Agreement contaLns the entire understanding and constitutes the entire egsument between the parties hereto concerning the subject matter contained hemLt. There are no representations, agreements, atmngements, or understandings, oral or written, express or implied, between or among the parties hereto, relating to the subject matter of this Agreement, which are not Hilly expressed herein. The terms and conditions of this Agreement shad prevail notwithstanding any variance in this Agreement from the terms and conditim of any other document relating to this trRnsa%,tion or thel a transactions. 5.9 Duplkete Originals. This Agreement Is executed in duplicate origilole. 5,10 Headings. The headings and subheadings of the various sections and para4raph3 of this p Agreement are inseted merely for the purpose of convenience and do not express or imply any limitation, definition, or exterwion of the specific terms of the seeder r, and paragraph so designated, ! 1 r 128 w 1 J o K 10 32XIO e a , ~ GIs aoiseot . ' ~ , r aees:ere ; ~r . r Fe0N1 OEN10N CITY ATTORNEY FAN NO0 1 0403827923 12-e3-98 E3127P P.U 5.11 Sever&bW ty. If say cation, subsection, paragraph, sentence, Clause, Ptlme cr vmrd in this Agreement, or aPpliCadon thasof to snY Pema or tircumgmc is held invElid by any cowl of Competent jurisdiction, such holding shall not affect the validity of the mo%juing portions of this AgrtaneK sad the Panda hacby declsro they would have enacted Such mmd*g pertioru despite j J say m►ch invalidity. } WMCUTED this _ day of I m. nM CITY OP DENTON, TEXAS i Br. JACK MILLER, MAYOR ATTEST: APPItOVED,AS.*&tEGAL. /f BY: By~~ TENNIFER WALTM5, 1D?RBERT L. PROUTY, CITY SECRETARY CITY ATTORNEY DEMON COUNTY, TBX~S COUNTY IMOE ATTEST: APPROVED AS TO LEGAL FORM: By: By. DISTRICT ATTORNEY ~ ~ Pw,.aKawowarn.ww~enc....x+.~4w r ~ . I ' ~ rr r` C 1 } a 401 i qV 129 , F r 1 _ --_-~~'~I~~+~a ~f .Y"1M4+~Y`hk i• r,`°~' i7'x'a~ d X r a^ A ..~i 10.. MO. r - - 0 I I.~UCVtIW.~.st. M ~'c, 5~tt?c ' j EXHIBIT B Revised Proposed Budget for Hotel Tax Expenditures January 1, 1999 - December 31, 1999 1 11 I ~ Staff Salary, T-.rism Liaison $12,000 I staff Benefits, Tourism Liaison 41194 i Staff Salary, Tourism-related responsibilities, Museum Director, partial 100000 Staff Salary, Tourism-related responsibilities, Collections Manager 60000 r staff Salary, Tourism-related responsibilities, Administrative secretary, partial 4,000 Contract Labor 10000 Student Interns (2) 3,000 1 Vo?unteer Recruitment, Training, Recognition 600 Publicity Packets for Tourists /students 800 Tourism Promotion and Advertising 9,000 Membership Dues 170 Independent Auditor Fee 1,000 office Supplies 800 Supplies for Archival Preservation 7,000 Reference Books for Preservation 20000 Furnishings 6 Archival Equipment 7,500 $69,064 i G¢i~CQ~ ll . 130 32 X 1[3 7 7- A ' o d: l COURTHOUSE ON THE SQUARE FINANCIAL REPORT Program Yaar IM 3TR -6UDGIT t " - " • i h; 'L k QUARTER QUARTER QUARTER QUARTER YEAR TO VS APPROW006posT (JuNNM (Apr lun) (Ai"tp) (O(7-Dee) DATE ACTUAL ~ v(;llif f ~ i,1 `.gyp ~aS 1 e0016ning Cliff s0 so to so so 6o o¢a pang to oE4 so so s0 s0 $0 $69,064 Irltaaal U1OOnw w,r ~L, 0 0 0 0 0 0 li Total R/plpts ♦ wr 4, r+ 0 0 to so 0 11169,054 ~^...1 v9'u Pr Py S4r,llG)'~i~ . Olabunenfaota r ~ ~~,~a~?yf ~L ~,~,r &M UM, rr it i PUS6d►yPldra{i ~(Irip EO o _o to $a o ~oo~a Prano6o JAdv k Total Advarsaing Y1~;,, t ; .,9600 0 0 9,600 ' malcaCJl r . {di ``-~rittd i~_ $1all.' e1'f BaUuyLaOnatlgt s0 so so to s0 $6,000 CMhdlabor ,,pig„ ,1,000 0 0 0 j 0 +,000 ArcAkar Pro It r $ 6uppllae ,r C.1 l J, c o 0 0 0 7,000 RerarMOe 8ooka 0 0 0 0 0 2,000 rumtwsm EquSp ,Jti , k' 0 0 0 0 0 7 500 TOMHlslOfkaI so to p 17o $0 22,500 emary-lsaan ti + (14,000 so so so so $0 $1,000 e.neft4J on ` ~~{4,SOi 0 0 0 u o 1,194 Parval Salay-0Y Y 4 ~~,006000 0 0 0 0 0 70,000 Par0al SM, ObO 0 0 0 0 0 1,000 8tudanflnlarrar4 r,k ,000 0 0 0 0 0 2,000 ReaultmMATmd r Q00 0 0 0 0 0 600 Membership Duna i 714 0 0 0 0 0 170 AWttFee Ui ;1 4 k -1,000 0 0 0 0 0 1.000 Me AuprAot S00 0 0 0 0 0 600 Tow Adminlalrawn d;, r 761 so so so 0 25,761 r Told Dbbureernants ltii ~8g Od$ so to $0 to $0 $69,061 ExOats of 1 Y ' RaOaIPLIDIsbursomardf ek . ^a hi s0 to so to s0 s0 Endlrp Cash N 4 u ~ 30 so $0 0 so- RECOWLIATION Cult en Hand } f.d N i1 so so so to so so We Ouutandlnp C;, i r, 0 0 0 J 0 0 DOW • r,flualmerda sc~^o~ t{r"!4 0 0 o rT0 0 0 sank eanlt r 2lanea 1;. vaMr" (rbb ,r ) $0 S0__ o so so $0 Data ubmilM Program rector j 131 ~;~w urn', 1 • 32 x I l 1 i • ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE SCHOLARS PHAIR FOUNDATION, INC. FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the Mayor is hereby authorized to execute an agreement between the City of Denton and the Scholars Phair Foundation, Inc. for the payment and use of hotel tax revenue, under the terms and conditions contained in the agreement, a copy of which is attached hereto and made a part hereof. SECTION 11. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1998. i JACK MILLER, MAYOR ATTEST: i JENNIFER WALTERS, CITY SECRETARY BY: " APPROVED AS TO LEGAL FORM: { HERBERT L. PPOUTY, CITY ATTOYEY • BY: - - 0 • s ~I 132 { i 4' bs~ ° 25 x Q 32X ❑ 1 " e 0 i AGREEMENT BETWEEN THE CITY OF DENTON AND SCHOLARS PiiAIR FOUNDATION, INC. (CYI999) PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE ' THIS AGREEMENT made between the City of Denton, Texas, a municipal corporation (the "CITY'), and Scholars Phair Foundation, Inc., a legal entity existing under the laws of the State of Texas (the "FOUNDATION'): WHEREAS, Tex. Tax Code §351.002 authorizes the CITY to levy by ordinance a municipal hotel occupancy tax ("hotel tax) not exceeding seven percent (7%) of the consideration paid by a hotel occupant; and WHEREAS, by ordinance, the CITY has provided for the assessment and collection of a municipal hotel occupancy tax in the City of Denton of seven percent (7%); and WHEREAS, Tex. Tax Code §351.01(a) authorizes the CITY to use revenue from its municipal hotel occupancy tax to promote tourism and the convertion and hotel industry by advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity; and i WHEREAS, the FOUNDATION is well equipped to perform those activities; and WHEREAS, Tex. Tax Code §351,101(c) authorizes the CffY to delegate by contract with the FOUNDATION, as an independent entity, the management and supervision of programs and activities of the type described hereinabove funded with revenue from the municipal hotel 1 occupancy tax; NOW, THEREFORE, in consideration of the performance of the mutual covenants and t promises contained herein, the CITY and the FOUNDATION agree and contract as follows: L HOTEL TAX REVENUE PAYMENT 1.1 Consideration. For and in consideration of the activities to be performed by the FOUDRtATION under this Agreement, the CITY agrees to pay Rs the FOUNDATION a portion of the hotel tar revenue collected by the CITY at the rates and in the manner specified herein (such payrents by the CITY to the FOUNDATION sometimes herein referred to as the "agreed t payments" or "hotel tax funds'). 1.2 Amount of Payments. (a) As used in this Agreement, Gte following tent s shall have the following specific t n,,amngs: (i) The term "hotel tar revenue" shall mean the gross rr,onies collected and I received by the City as municipal h, tel oruparncy tax at the rate of seven percent (7%) of the price paid for a room in a h,lel, put3uant to Texas Tax Code 351.002 and City I 133 DNS ts~ 25 x 32 x~U e T Ordinance. Hotel tax revenue will include p:nalty and interest related to the late payments of the tax revenue by the taxpayer. (ii) The term "Collection period" will mean the collection period for the CITY's fiscal year. It will include hotel tax revenue due to the City for the relevant fiscal year and collected through the 22nd day of the month following the close of the relevant fiscal year. (iii) The term base payment amount" shall mean a net amount of money equal to the total hotel tax revenue collected by the CITY dazing any relevant period of time (r.e„ fiscal year or fiscal quarter), less (1) attorney and auditing costs incurred during such relevant period of time for costs of crPection or auditing of hotel taxpayers. Attorney and auditing costs include fees paid to atti meys or agents not in the regular employ of the CITY for which attorneys or agents effect compliance or collection of the hotel tax from taxpayers; and (2) court costs and other expenses incurred in litigation against or auditing of such taxpayers. (iv) The term "contract quarter" shall refer to any quarter of the calendar year in which this Agreement is in force. Contract quarters will end on March 31", June 30'h, Seplemb.r 30 , and December 31" of each contract year. (b) In return for satisfactory performance of the activities set forth in this Agreement and all attachments hereto, the CITY shall pay to FOUNDATION an amount of money in each contract year equal to the fixed contract amount of Ten Thousand Dollars ($10,000). This amount will be divided into no more than two payments. Each payment is subject to receipt of unused funds from the prior contract period and the receipt of the required quarterly reporis. 1.3 Dates of Payments. (a) The term "payments" shall m : m payments by the CITY to the FOUNDATION of those amounts specified in 111, above, as determined by the hotel tar revenue collected. (b) in return for the satisfactory performance of the activities set forth in this contract and all attachments thereto, CITY shall pay the FOUNDATION the agreed payments specified in 11.2 above by no more than two payments, paying the fixed contract amount during the Ist and 2nd A quarter of he calendar year. If a second payment is due, that payment shall be paid upon receipt of the required reports and after the 25'h day following the last day of the contract quarter. It quarterly financial and performance reports are not received within thirty (30) days of the end of the applicable quarter, the recipient may be held in breach of this Agreement The CITY may withhold the quarterly payment(s) until the appropriate reports are •eceived and approved, which approval shal I not unreasonably be withheld. 1.4 Other lirnltadons regarding consideration. (1 (a) The funding of this project in no way commits the CITY to future funding of this program beyond the current contract period. Any future funding is solely the responsibility of the FOUNMATION. 134 Ryr'°`~ i U fMs ~ ~4i, I K I o 32x 1 Ll , o MINIM i 00141vt I (h) It is expressly understood that this contract in no way obligates the General Fund or any other monies or credits of the CITY. (c) CITY may withhold further allocations if CITY determines that FOUNDATION's expenditures deviate materially from their approved budget. H. USE OF HOTEL TAX REVENUE 2.1 Use of Fu ads. For and in conside•at:on of the payment by the CITY to the FOUNDATION of the agreed payments of hotel tax funds sp..cifiod above, the FOUNDATION agrees to use such hotel tax finds only for advertising and conducting solicitations ani promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity as authorized by TEX. TAX CODE §351.101(x). Funds for any rilendar year which rva unused by nJdnight December 31" of that year shall be rcfanded to CITY within thirty (30! days. 2,2 Admlaistratlve Costs. The hotel tax funds received from the CITY by the FOUNDATION k may be spent for day-today operations, supplies, salaries, office rental, travel expenses, and other administrative costs that are incurred directly in the performance by 'he FCUNDATION of those activities specified in J2.1 above and are allowed by TEx. TAX CODE § S 1.101(f). 2.3 Sped, Ic Restrictions on Use of Funds. (a) That portio: , s total administrative costs of the FOUNDATION for which hotel tax funds may be used shall not exceed that portion of the FOUNDATION's administrative costs actnatly incurred in conducting the activities specitied in 12.1 above. M Hotel tax funds may not be spent for travel for a person to attend im went or conduct an activity the primary purpose of which is not directly related to the prorr,otion of local tourism and the convention and ho I industry or the petformance of the person's job in an efficient and professional manner III. RECORDKEEPING AND REPOkTING REQUIREMENTS 3,1 Budget. (a) The FOUNDATION shall prepare and submit to the City Manager of the CITY an annual budget (see Exhibit "A'") as approved by the City Council for each calendar Year, for such operations of tl - rJUNDATION in which the hotel tax funds shall be used by the FOUNDATION, This budget shrill specifically identify proposed expenditures of hotel tax funds b,; the FOUNDATION, In other words, tf,%. CITY should oe able to audit specifically where the funds in the separate account relating to ho'.cl tau funds will be expended. The CITY shall rot pay to i)e FOUNDATION any hotel tax revowcs as set forth in Section I of this contract d-ring any final p 1 year of this Agreement unless a budget for such reVective fiscal year has b.-en approved in writing iKpr by the Denton City Council authorizing the exrci diture of funds. Failure to submit an annual budget may be considered a breach of contract, and if not remedied ti considered grounds lc- termination of this Agreement as stated in paragraph 4.2. 133 ~ 32XlC ~ 77. s Vona" . o 'Acres (b) The FOUNDATION acknowledges that the approval of such budget by the Denton City Council creates a fiduciary duty in the FOUNDATION with respect to the h,ttel tax funds paid by the CITY to the FOUNDATION under chic Agreement. The FOUNDATION sh.JI expend hotel i[ tax funds only in the manner and for the purposes specified in this Agreement, TEX. TAX CODE §351.11 l(a) and in the budget as approved by tl•e CITY. 3.2 Separate Accounts. The FOUNDATION shall maintain any hotel tax funds paid to the FOUNDATION by the CITY in a separate ban{ -count with segregated accounting, such that any reasonable person can review the source of expenditures of tax funds. A bank reconciliation report (see Exhibit "B') is required with each quarterly report. 33 Financial Records. The FOUNDATION shall maintain complete and accurate financial records of each expenditure of the hotel tax funds made by the FOUNDATION. These funds are required to be classified as restricted funds for audited financial purposes, and may not br used for supporting services, including, but not limited to, auditing fees and attomey's fees. Upon reasonably advance written request of the Denton City Council, the City Manager or designate, or any other person, shall make such financial records available for inspection and review by the party making the request. FOUNDATION understands and accepts that all such financial -ecerdo, and any other records relating to this Agreement shall be subject to the Public formation Act, TEX. Gov'T CODE, ch. 552, as hereafter amended. ' 3.4 Quarterly Reports. Aft:r initial receipt of hotel tax funds, and within thirty days after the end of every quarter thereafter, until all funds have been expended and reported to the CITY, FOUNDATION shall fttmish to CITY: (1) a performance report of the work performed under this J Agreement describing the activities performed pursuant to this Agreement during that contract li quarter, and (2) a list of the expenditures made with regard to hotel tax funds pursuant to TEx. TAX CODE §351.101(r), Both the performance and expenditure reports will be in a form either determined or approved by the City Manager or designate (see Exhibit "B'J. The FOUNDATION I shall respond promptly to any request from the City Manager of the CITY, or designate, for additional information relating to the activities perforated under tt.'s Agreement. 3.5 Notice of Nleedog.o. Th^ FOUNDATION shall give the City Manager of the CITY reasonable advance written notice of the time and place of all meetings of FOUNDATION's Board of Directors, as well as any other meting of any constituency of the FOUNDATION at which this Agreement or any matter the subject o(Ns Agreement shall be considered. This provision shall not be deemed to require the FOUNDATION to give notice of any executive sef.'.on of the Executive Committee of the FOUNDA IION. IV, IERNIAND Ii'RIMINATION r . 4.1 Tern. The term of this Agreement shall commence on January 1, 1999 and terminate at midnight on Cecember 31, 1999. This tern shall t•^ a period crone year. 4.2 Termination Wlthot,t Cause. (a) This Agreement may be terminated by either party, with or without cause, by giving the other party sixty (60) days advance written notice. 136 'Nam 25 10 32XIO o _ E e i (b) In the event this contract is terminm d by either party pursuant to Section 4.2(a), the CITY agrees to reimburse the FOUNDATION for any contractual obligations of the FOUNDATION undertaken by the FOUNDATION in satisfactory performance of those activities specified in J12, l and 2.2 above and that were approved by the Council through the budget, as noted in 13.1. This reimbursement is conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in 912.1 and 2.2 above, and futher conditioned upon such contractual obligations having a teen of exceeding the full term of this Agreement. Notwhlistanding any provision hereof to the contrary, the obligation of the CITY to reimburse the FOUNDATION or to assume the performance of any contractual obligations of the FOUNL AVON for or under any contract entered into by the FOUNDATION as contemplated herein shay. not exceed 66 2l3% of the current quarterly payment. (c) Further, upon termination pursuant to 14.2(a), the FOUNDATION will provide the CITY: 1) Within 10 business days from the termination notification, a short-term budget of probable expenditures for the remaining 60 day period between termination notification and contract termination. This budget will be presented to Council for approval within 10 business days arler receipt by CITE'. If formal approval is not given within 10 business days and the budget does not contain any expenditures that would be prohibited by the Texas Tax Code, and is within the current contractual period approved budget; the budget will be considered approved; 2) Within 30 days, a full accounting of all expendit+.ues not previously audited by the City; 3) Within S business days of a request from the CITY, a listing of expenditures that have occurred since the last required reporting period; 4) a final accounting of all expenditures and tax funds on the day of termination. The FOUNDATION will be obligated to return any unused funds or funds determined to be used improperly. Any use of remaining funds by the FOUNDATION after notification of termination is conditioned upon such contractual obligations having been incurred 2nd entered into in the good faith performance of those services contemplated in 2.1 and 2.2 above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. 4.3 Automatic Termination. This Agreement shall automatically terminate upon the r occwTence r, any of the following events: 0 (a) Tie termination of the legal existence of the FOUNDATION; (b) The insolvency of the FOUNDATION, the filing of a petition in bankruptcy, either voluntarily or involuntarily, or an assignment by the FOUNDATION for ^he benefit of creditors; 0 (c) The continuation of a breach of any of the terms o. conditions of this Agreement by O • either the CITY or the FOUNDATION for more than thirty (30) days after w linen notice of such breach is given to the breaching party by the other party; or jl~o (d) The failure of the FOUNDATION to submit a financial quarterly report which complies u ;th the reporting procedures required herein and gernxally accepted accounting principles 137 ..;3~ tiT~ x 32x1❑ MAN S~ v , O i I prior to the beginning of the next contract term, or quarterly as required by Section 13 hereof. 4.4 Right to Immediate Termination Upca Litigation. Notwithstanding any other provision of this Agreement, to mitigate dwnages and to preserve evidence and issues for judicial determination, either party shall have the right to terminate this Agreement upon immediate notice to the other party in the event that any person has instituted litigation concerning the activities of the non•t-munating party, and the terminating party reasonably believes that such activities are required or prclubited under this Agreement. 4.5 In the event timat this Agreement is terminated pursuant to J14.3 or 4.4, FOUNDATION agrees to refund any and all unused funds, or funds determined by the CITY to have been used improperly, within 30 days alter termination of this Agreement. V. GENERAL PROVISIONS 5.1 Subcontract for Performance of Services, N^:hinm in this Agreement shall prohibit, nor be construed to prohibit, the agreement by the FOUNDATION with another private entity, person or organizau wn for the performance of those services described in 12.1 above. In the event that *P. FOUNDATION enters into any arrangement, contractual or otherwise with such other -ntity, person or organization, the FOUNDATION shall cause such other entity, person, or organization to odltiere to, conform to, and be subject to all provisions, terms, and conditions of this Agreement and to TEX. TAX CODE ch. 351, including reporting requirements, separate funds maintenance, and limitations and prohibitions pertaining to expenditure of the agreed payments and hotel tax funds. 5.2 Independent Contractor. The FOUNDATION shall operate as an independent contrary^r as to all services to be performed under this Agreement and not as an officer, agent, servant, or employee of the CITY. The FOUNDATION tihzll have exclusive control of its operations and performance c£ services hereunder, and such persons, entities, or organizations performing the same and the FOUNDATION shall be solely responsible for the acts and omissions of its directors, officers, employee3, agents, and subcontractors, The FOUNDATION shall not be considered a partnrr or joint venturer with tl+t CITY, nor shall the. FOUNDATION be considered nor in any manner hold itself out as an agent or official representative of the CITY. I 5.3 Indemnification. The FOUNDATION agrees to indemnify, hold harmless, and defend the , CITY, its officers, agents, and employees from and against any and all claims or suits for injuries, damage, loss, or liability of whatever kind or character, arising out of or in connection with the performance by the FOUNDATION or those services contemplated by this Agreement, including all such claims or causes of action based uoon common, a,)nstitutlonal or statutory law, or based, in whole or in pert, upon allegations of negligent or intentimal acts of FOUNDATION, its o!licers, employees, agents, subcontractors, livens +,a and imitces. tD ' 5.4 Assignment. The FOUNDATION shall not assign this Agreement without first obtaining the written consent of the qTY, 138 - fir : K, 7 w ~ 2 A] a VIM"x i S.5 Notice, Any notice required to be given under this Agreement or any statute, ordinance, or reguution, shall be effective when liven in writiq~ end deposited in the United States mail, certified mail, return receipt requested, or by hand-delivery, addressed to the respective parties as follows: My EQVJDATION Ci'., Manager Scholars Phair Foundation of Texas City of Denton Donald Cox 215 E. McKinney 210 S. Elm St. Denton, TX 76201 Suite A Denton, Texas 76201 5.6 Inurement This Agreement and cxh provision herml, and each and every right, duty, obligation, and liability set forth herein shall b; binding upon and inure to the tenefit and obligation of the CI FY and the FOUNDATION and their resift five successors and assigns. J 5.7 Application of Laws. All terms, conditions, and provisions of this Agreement are subject 1 to all applicable federal laws, state laws, the Charter of the City of Denton, all ordinances passed pursuant thereto, and all judicial determinations relative thereto, 5.8 F.rclosim Agreement This Agreement contains the entire understanding and constitutes the entire agreement between the parties hereto concerning the subject matter contained herein. There am rd. representations, agreements, arrangements, or understandings, oral or written, express or implied, between or among the parties hereto, relating to the subject matter of this Agreement, which are not fully ea, reseed herein The terms and conditions of this Agreement shall prevail notwithstanding any variance in this Agreement from the terms and conditions of any other document relating to this transaction or these tansactions, 5.9 Dt,.iicate Originals. This Agreement is executed in duplicate originals. 5.10 Headings. The headings and subheadings of the various sections and paragraphs of this Agreement are inserted merely for the purpose of convenience and do not express or imply any limitation, definition, or extension of the specific terms of the section and paragraph so designated. Ij 5.11 Se%erability. If any section, sabse.tion, paragraph, sentence, clause, phrase or word in this Agreement, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Agreement, and the parties hereby declare they would have enacted ^uch remaining portions despite any such invalidity. e EXECUTED this i d.y of , 1998, O y THE CITY OF DENTON, TEXAS By: JACK MILLER, MAYOR 139 10 32xlrj • O 4 I AITES T: APPROVED AS TO LEGAL FORM, -'-f ~~----5~ By: JENNIFER WALTERS MRBERTr.. PROUTY, CITY SECRETARY CITY ATTORNE SCHOLARS PHAIR FOUNDATION, INC. r a . a By: E-~- - r 1 ChkirmarvDirectot ATTEST: APPROVED AS TO LEGAL FORM: By: By: Secretary tr..eaen.a~n.Oen.eann[are,ll,nfNfii Camrf'.raeV,rwi s. a r 1 i 1~I ` ~ ~r ~ n 1 V ~ lY;, E 'S 144 ~>r#s 32X r 1 I r , Y, ; r • r L 1 per. ......e.. ..,aw ♦w .n. .r• r Scholar Phair HOT Compliance &aAj Amount dd5!~lllldnp f Direct MaiWPostp 1,978 I t r} a Publications 1,000 Print 1,256 9 7r17a Ad euuarQas ~ y~S r N 4 ~1 pffa r ' ConvlXposlPromo 7,978 2,976 s, . have Total 10,0" 10,000 1 ` J a M1 ,y I 141 n~ ~a 2 x.10 2xID p Mason , i i SCHOLARS PHAIR FOUNDATION FINANCIAL REPORTS Program Year 1199 1BT 2ND JRO 4TH BUDGET 1 J r U QUARTER QUARTER QUARTER QUARTER YEARTO Y! i 5'^ APPROVED BUDflBT i'.t (Jon-Mar) (Apr-Jon) (Jul-Sop) (Oct-Doe) DATE ACTUAL BegInning cash .44,7 so $0 $0 $0 $0 $0 'Sr Rscalp OCCUpM'yT!x v, yr ~t ~~r0~ s0 $0 s0 so $0 $10,000 Inturost Inco(ne 0 0 0 0 0 0 TotalRacal ta'S1'!y` t; "t10 $0 $0 $0 s0 so $10,000 p ' lr ors F ti w, ~ y,r OlsbumsmenEe oirectMalu~oetp eu16 so $0 $0 so $0 $1,075 Publics6ons r;:~; `t )`~RwO 0 0 0 0 0 4,000 Pri~l + ''y t ° 4,260 0 0 0 0 0 1,250 TotalAdveroslnp 7125 $0 $0 s0 $0 $0 17,125 t ,"'a Y. t 4 pX~ t+rA~, fr +rfa ~ AdmInIslntidn ConvlXpparPfromO, r s , 1 p,' .f ~5 s0 so $0 $0 $0 $2.675 Total DisDuroemtnh"N~ $10 00 s0 s0 s0 so s0 $10,000 7 7 - Excess of RaeeipUlDt. ~re~menb 0 s0 $0 $0 $0 $0 s0 Endlnp Cash $O $0 so $0 $O s0 RECONCILIATION : y r'g Cash on Hand $0 so $0 so $0 $o Leas Outetendlnp Cheoka 7 0 0 0 0 0 0 OtherAdjustmerits 0 0 0 0 0 0 Bank Balance s„ } 0 0 0 0 0 0 raHanc4 Wb•0 sow $.0.. $0 s0 $0 • Date SubmlOed Program oaector 142 Mom ORAL 0 0 d I • I i I I i ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE IN SUPPORT OF THE DENTON COUNTY HISTORICAL COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Tex. Tax Code §351.101(a) authorizes the City of Denton, Texas to use revenue from its municipal hotel occupancy tax to promote tourism and the convention and hotel industry by advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registranU to the municipality or its vicinity, as well as to engage in historical restoration and preservation projects and activities and advertising and conducting solicitations and promotional programs to encourage tourists and convention delegates to visit preserved historic sites and museums; and WHEREAS, the County orDenton, Texas is well equipped to perform those activities by its operation of the Denton County Historical Commission; and WHEREAS, Tex. Tax Code §351. 101(c) authorizes the City of Denton, Ta: u to delegate by contract with the County of Denton, Texas, as a governmental entity, the m;aragement and supervision of programs and activities of the type described hereinabove funded with revenue from the municipal hotel occupancy tax; and WHEREAS, both the City of Denton, Texas grid the County of Denton. Texas have a secondary source of authority to enter into an interlocal cooperation agreement, pursuant to Chapter 791 of the Texas Government Code, as; the agreement is authorized by both governmental bodies; the agreement states the purpose, terms, rights, and duties of the contracting parties; the consideration is being paid by City of Denton, Texas out of current revenues; the compensation is fair; and the services to be performed are "museum services" authorized under §791,003(3)(F) of the Texas Government Code, which each party is authorized to perform individually; NOW, THEREFORE, . THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the Mayor is hereby authorized to execute an agreement between the City of Denton and Denton County for the payment and use of hotel tax revenue in support of the Dcnt~n County Historical Commission, under the terms and conditions contained in the a ,rcement, a copy of which is attached hereto and made a pat hereof, • SECTION 11, That this ordinance sl all become effecti-e immediately upon its passage p • and approval i 143 r° 75 'k 32XIO r. i o L, r III I i I~ PASSED AND APPROVED this the day of 1498, 1 r JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: h i APPROVED AS TO LEGAL FORM: HERBERT L, PROD 7TORNSY z • i 40 Ll I It I 144 E ! L) +I e /X ~ v n X i 16 ! I Fra 2 e U j { AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY, TEXAS DDENTON COUNTY HISTORICAL COMMISSION) (CY1999) PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE THIS AGREEMENT made between the City of Denton, Texas, a municipal corporation (the "CITY'), and County of Denton, Texas, a governmental entity existing under the laws of the State of Texas, contracting on behalf of its Demon County Historical Commission (collectively, the "DCHC'): WHEREAS, Tex. Tax Code §351.002 authorizes the CITY to levy by ordinance a municipal hotel occupancy tax ("hotel tax') not exceeding seven percent (7%) of the consideration paid by a hotel occupant; and WHEREAS, by ordinance, the CITY has provided for the assessment and collection of a municipal hotel occupancy tax in the City of Denton of seven percent (7%1; and WHEREAS, Tex. Tax Code 1351,101(a) authorizes the CITY to use revenue from its municipal hotel occupancy tax to promole tourism and the convention and hotel industry by advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity, as well as to engage in historical restordtion and preservation projects and activities and advertis,'ng and conducting solicitations and promotional programs to encourage tourists and convention delegates to visit preserved historic sites and museums; and WHEREAS, the DCHC is well equipped to perform those activities; and WHEREAS, Tex, Tax Code §351.101(c) authorizes the CITY to delegate by contract with the DCHC, as a governrnemal entity, the management and supervision of programs and activities of the type described hereinabove funded with revenue from the municipal hrtel occupancy tax; and WHEREAS, both CITY and DCHC have a w5ndary source of authority to enter into this Agreement as an interlocal cooperation agreement, pursuant to Chapter 791 of the Texas Go%cmment Code, as: the Agreement is authorized by both governmental bodies; the Agreement A states the purpose, terms, rights, and duties of the contracting parties; the consideration is being paid by CITY out of current revenues; the compensation is fair, and the services to be perforated are 1.rnmeum services" authorized under §791,003(3)(F) of the Texas Government Code, which each party is authorized to perform individually; NOW, THEREFORE, in consideration of the performance of the mutual covenants and promises contained herein, the CITY i,~ d the DCHC agree and contract as follows: O . 1. HOTEL TAX REVENUE PAYMENT 1.1 Consideration. For and in consideration of the activities to be performed by the DCHC under this Agreement, the CITY agrees to pay to the DCHC a portion of the hotel tax revenue NS j ! . 10 32X10 s rax+a • p s . collected by the CITY at the rates and in the manner specified herein (such payments by the CITY to the DCHC sometimes herein referred to as the "agreed payments" or "hotel tax funds'). 1.1 Amount of Payments. (a) As used in this Agreement, the following terms shall have the following specific meanings; (i) The term "hotel tax revenue" shall mean the gross monies collected and received by the City as municipal hotel occupancy tax at the rate of seven percent (7°,10) of the price paid for a room in a hotel, pursuant to Texas 'fax Code 351.002 and City Ordinai,ce. Hotel tax revenue will include penalty and interest related to the late payments of :he tax revenue by the taxpayer. (ii) The term "Collection period" will mean the collmion period for the CITY's fiscal year. It will include hotel tax revenue due to the City for the relevant fiscal year and collected through the 22nd day of the month following the close of the relevant fiscal year. i (iii) The terto base payment amount" shall mean a net amount of money equal to the total hotel tax rrlmn,!e collected by the CITY during a-ty relevant period of time (i.e., fiscal year or fiscal quarter), less (1) attorney and auditing costs incurred during such relevant period of time for costs of collection or auditing of hotel taxpayers. Attorney and auditing cost, include fees paid to attorneys or agents not in the regular empl jy of the CITY for which attorneys or agents effect compliance or collection of the hotel tax from taxpayers; and (2) court costs and other expanses incurred in litigation against or auditing of such I taxpayers, 1 i (iv) The term "contract quarter" shall refer to any quarter of the calendar year in which this A§7ement is in force. Contract quarters will end on March 31", June 301h, September 30 , "r d December 31" of each contract year. f (b) In return for satisfactory performance of the activities set foith in this Agreement a 11 attachments hereto, the CITY shall pay t , DCHC an amount of money in each contract year equal to the lesser amount of. Four and Twenty-One One Hundredths percent (4.21%) of the A annual base payment amount or the fixed contract amount of Thirty-Five Thousand Dollars (835,000). This amount will be divif ed into quarterly payments equal to 25% of the annual fixed contract amount, unless the CITY can show with reasonable certainty that the ernual base payment amount will be less than originally estimated for the fiscal year. The fourth quarterly payment will represent 25% o' the fixed contra t amount or the unpaid remainder of 4.11% of the base payment amount, wl ichever is less. '.ach quarterly pay,nent It subject to rec!ipt of r unr•sed funds fr,m the prior contract period and the recOpt of the required ;uarterly report.. O • 1.3 Dates of Payments. (a) The teats "quarterly payments" shall mean payments by the CITY 'e F DCHC of those amounts specified in 11.2, above, as deterrtM by the hotel tax revenue collectec ~ I 146 I 1 s A { (b) Each quarterly payment shall be paid upon receipt of the required reports and after the 25`h day following the lest day of the contract quarter. If quarterly financial and performance repstts are not received within thirty (30) days of the end of the applicable contract quarter, the recipient may be held in breach of this Agreement. The CITY may withhold the quarterly payment(s) until the appropriate reports are received and approved, which approval shall not unreasonaoly be withheld. I 1.4 Other limitations regardLig consideration. (e) The funding of this project in no way commits the CITY to future funding of this program beyond tLe current contract period. Any future funding is sol:ly the responsibility of the DCHC. (b) It is expressly understood that this contract in no way obligates the General Fund or any other monies or credits of the CITY, (c) CITY may withhold further allocations if CITY dct^rmines that DCHC's expenditures deviate materially from their approved budget. II. USE OF HOTEL TAX REVENUE 2.1 Use of Fund;, For and in consideration of the payment by the CITY !o the DCHC of the agreed payments of hotel tax funds specified above, the DCHC a6rces to use such hotel tax funds only for advertising and conducting solicitations and promotional p ograms to attract tourists and convention delegates or registrants to the municipality or its vicinity, as well as to engage in historical restoration and preservation projects and activities and advertising and conducting solicitations and promotional programs to encourage tourists and convention delegates to visit preserved historic sites and museums, as authorized by TEX. TAX CODE ¢331,101(a)(3) and (aK3). Ft,nds for uny calendar year which on unused by midnight December ?1" of that year shall hr, refunded to CITY within thirty (30) days. 2.2 Administrative Costs, The hotel tax funds received from the CITY by the DCHC may be spent for day-to-&y operations, supplies, salaries, office rental, travel expenses, and other admuu: trative costs that are incurred directly In the performance by the DCHC of those activities O snccitied 11112.1 above and are allowed by TEX. Ax CODE 1331,101(f). 2.3 Specific Restrictions on Use of Funds. (a) That potion of total administrative costs of the DCHC for which h del tax funds may be -iscd shall not r (teed that portion of the DCHC's administrAve costs actue ly incurred in O conducti ;g the activities specified ht42.1 above, O 9 (b) Hotel tax funds .nay not be spent for travel for a person to attend an event or conduct an acti city the primary purpose of which is not directly related to the promotion of local tourism and the convention are hotel industry or the performance of the person's job in an efficient and professional mannct. 147 ira 32XI[i R A x~nsre . U 111. RECORDI KEEPING AND REPORTING REQUIREMENTS 3.1 Budget. I (a) The DCHC shall prepare and submit to the City Manager of the CITY an annual budget (see Exhibit "A') as approved by the City Council for each calendar year, for such operations of the DCHC in which the hotel tax funds shall be used by the DCHC. This budget shall specifically identify proposed expenditures of hotel tax funds by the DCHC. In other words, the CITY should be able to audit specifically where the funds in the separate account relating to hotel tax funds will be expended. The CITY shall not pay to the DCHC any hotel tax revenues as set forth in Section I of this contract during any fiscal year of this Agreement unless a budget for such respective fiscal year has been approved in writing by the Denton City Council authorizing the expenditure of funds. Failure to submit an annual budget may be considered a breach of contract, and if not remedied is considered grounds for termination of this Agreement as stated in paragraph 4.2. (b) The DCHC acknowledges that the approval of such budget by the Denton City Council creates a fiduciary duty in the DCHC with respect to the hotel tax funds paid by the CITY to the DCHC tinder this Agreement, The DCHC shall expend hotel tax P :ds only in the manner and rot the purposes specified in this Agreement, TEx, TAX CODE 1351.101(a) and in the budget as approved by the CITY, 3.2 Separate Accounts, The DCHC shall maintain any hotel tax funds paid to the DCHC by the CITY in a separate balk account with segregated accounting, such that any reasonable person can review the scttrce of expenditures of tax funds. A bank reconciliation report (see Exhibit "P", is required with each quarterly report, 3.3 Flntnclol Records, The DCHC shall maintain complete and accurate financial records of each expenditure of the hotel lax funds made by the DCHC. These funds are required to be classified as restricted funds for audited financlal purposes, and may not be used fur supporting services, including, but not limited to, auditing fees and attomty's feea. Upon reasonably advance written request of the Denton City Council, the City Manager or designate, or any other person. shall make such financial records Pvailable for inspection and review by the pan} making the request. DCHC understands and accepts that all such financial records, and any other records relating to this Agreement shall be subject to the Public lnforri.ation Act, TEx, Gov't CODE, ch. 552, as hereafter amended, i . 3.4 Quarterly Ceports. Within thirty days alter the end of every contract quarter, DCHC shall furr~sh to CITY; (1) a perfo mance report of the work performed under this Atreement describing the activities performed pursuant to this Agreement during that contract quar',er, and (2) a li o of the expenditures made with regard to hotel tau f Inds pursuant to TEX, TAX CODE §351.101(c). Both the pet formance and expen.liture reports will be in n form either determined or approved by the City Manager or designate (ace Exhibit "B'), 11re DCHC shall respond promptly O to any request from the City Manager of the CITY, or designate, for additional information relating to the activities performed under this Agreement. 3,3 Notice ofSleetln%% The DCHC shall give the City Mattager of the CITY reasonable advance written notice of the time and place of all meetings of DCHC's Board of Directors, as well i 148 32 x a 0 as any other meeting of any constituency of the DCHC at which this Agreement or any matter the subject of thin Agreement shall be considered. This provision shall not be deemed to require the DCHC to give nc lice of any executive session of the Executive Committee of the DCHC. IV. TERM AND TERMINATION 4.1 Term. The term of this Agreement shall commence on January 1, 1999 and terminate at midnight on December 31, 1999. This tern shall be a period of one year. 4.1 Termination Without Cause. (a) This Agreement may be terminated by either party, with or without cause, by giving the other party sixty (60) days advance written notice, (b) In the event this contract is terminated by either party pursuant to Section 4,2(a), the CITY agrees to reimburse the DCHC for any contractual obligations of the DCHC undertaken by the DCHC in satisfactory performance of those activities specified in 112,1 and 21 above and that were approved by the Council through the budget, as noted in 13.1. This reimbursement is conditioned upon such contractual obligations having been incurred and entered into in the goad faith performance of those services contemplated in 912.1 and 2.2 above, and further conditioned upon such contractual obligations having a term not exceeding the full Icrmm of this Agreement. Notwithstanding any provision hereof to the contrary, the obligation of the CITY to reimburse the DCHC or to assume the performance of any contractual obligations of the DCIiC for or under an} contract entered into by the DCHC as contemplated herein shall not exceed 66 2/3% of the current quarterly payment. Further, upon termination pursuart to 14.2(a), the DCHC will provide the CITY; 1) Within 10 business days from the termination notification, a short-term budget of probable expenditures for the remaining 60 day period between termination notification and contract lamination, This budget will be presented to Council for approval within 10 business days after receipt by CITY. I" formal approval is not given within 10 business rays and the budget does not contain any expenditures that would be prohibited by the Texas Tax Code, and is within the current contractual period approved budget; the budget will be considered approved; 2) Within 30 days, a full accounting of all expenditures not previously audited by the City; 3) Within S business days of a request from the CITY, a listing of expenditures that have occurred since the Iasi required reporting period; 4) a final accounting of all expenditures and tax funds on the day of tcr-nination. the DCHC will be obligated to return any unused funds or funds determined to he used improperly. Any use of remaining funds by the DCHC after notification of termination is conditioned upon such contractual obligations havint been incurred and entered into in the good faith performance of those services contemplated in 2.1 rod 2,2 above, and further conditioned Q upon sech contractual obligations having a term not exceeding the full term of this Agreement. O ~ 4.3 Automatic Termination. This Agreement shall automatically terminate upon the occurrence of any of the following events: (a) The tetmination of the legal existence of the DCHC; 149 f G.a 3 2 x C~ A how" • o A KVWW" i i (b) The insolvency of the DCHC, the filing of a petition in bankruptcy, either voluntarily or involuntarily, or an assignment by the DCHC for the benefit of creditors; , (c) The continuation of a breach of any of the terms or conditions of this Agreement by either the CITY or the DCHC for more than thirty (30) days after written notice of such breach is given to the breaching party by the other party; or (d) The failure of the DCHC to submit a financial quarterly report which complies with the reporting procedures required herein and generally accepted accounting principles prior to i the beginning of the next contract term, or quarterly as required by Section 1.3 hereof. 4.4 Right to Immediate Terndaatfoo Upon Litigation. Notwithstanding any other provision of this Agreement, to mitigate damages and to preserve evidence and issues for judicial determination, either party shall have the right to tenninate this Agreement upon immediate notice to the other party in the event that any person has instituted litigation concerning the activities of the non-terminating patty, and the terminating party reasonably believes that such activities are required or prohibited under this Agreement. 4.5 In the event that this Agreement is terminated pursuant to 1343 or 4.4, DCHC agrees to refund any and all unused funds, or funds determined by the CITY to have been used improperly, within 30 days after termination of this Agreement. V. GENERAL PROVISIONS 5.1 Subcontract for Performance orSenices. Nothing in this Agreement shall prohibit, nor be construed to prohibit, the agreement by the DCHC with another private entity, person, or organi- zation for the performance of those services described in J2,1 above. In the event that the DCHC enters into any arrangement, contractual or otherwise, with such other entity, person or organization, the DCHC shall cause such other entity, person, or organization to adhere to, conform to, and be subject to all provisions, terms, and conditions of this Agreement and to Tex. TAX CODE ch 351, including reporting requirements, separate funds maintenance, and limitations and prohibitions pertaining to expenditure of the agreed payments and hotel tax funds. 5.2 Independent Contractor. The DCHC shall operate as an independent contractor as to all • services to be performed under this Agreement and not as an officer, agent, servant, or employee of the CITY, The DCHC shall have exclusive control of its operations and performance of services hereunder, and such persons, entities, or organizations performing the same and the DCHC shall be solely responsible for the acts and omissions of its diroctors, officers, employees, agents, and subcontractors. The DCHC shall not be considered a partner or joint venturer with the CITY, nor shall the DCIiC be comlder& nor in any manner hold itself out as m agent or oilcial • rcprer entative of r ie CITY. O • ! SJ Indemnification. To the extent authorized by law, the DCHC agrees to indemnify, hold harmless, and defend the CITY, its officers, agents, and employees from and against any and all claims or suits for injuries, damage, loss, or liability of whatever kind or character, arising out of or in connection with the performance by the DCHC or those services contemplated by this Agreement, Including all such claims or causes of action based upon common, constitutional or ISO 25 32 x [ 100 HIM 0 ' i i statuiory law, or based, in whole or in part, upon allegations of negligent or imenfior.al acts of DCHC, its officers, employees, agents, subcontractors, licensees and invitees. 5.4 Assignment The DCHC shall not assign this Agreement without fusl obtaining the written consent of the CITY. 5.5 Notice. Any notice required to be given under this Agreement or any statute, ordinance, or regulation, shall be effective when gi, en in writing and deposited in the United States mail, certified mail, return receipt requested, or by bind-delivery, addressed to the respective parties as follows: S1TY City Manager Denton County Historical Commission City of Denton Courthouse-On-The-Square 215 E. McKinney 1 r. Mary Evelyn Hlegg-Huey Denton, TX 76201 110 W. Hickory St. Denton, Texas 76201 5.6 Inurement, This Ag-cement and each provision hereof, and each and every right, duty, obligation, and liability set fonh herein shall be binding upon and inure to the benefit and obligation ` of the CITY and the DCHC and their respective successors and assigns. 5.7 Application of Laws. All terms, conditions, and provisions of this Agreement are subject to all applicable federal laws, state laws, the Charter of the City of Denton, all ordinances passed pursuant thereto, and all judicial determinations relative thereto. 5.8 Exclusive Agreement. This Agreement contains the entire understanding and constitutes the entire agreement between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, express or implied, between or among the parties hereto, relating to the subject matter of this Agreement, which are not fully expressed herein. The terms and conditions of this Agreement shall prevail notwithstanding any variance in this Agreement from the terms and conditions of any other document relating to this transaction or these transactions. • 5.9 Duplicate Originate. This Agreement is executed in duplicate originals. 5.10 Headings. The headings and subheadings of the various sections and paragraphs of this Agreement are inserted merely for the purpose of convenience and do not express or imply any j limitation, definition, c • extension of the specific terms of the section and paragraph . o designated. • S.11 Severability, If any section, subsection, paragraph, sentence, clause, phrase or word in this 0 • Agreement, or applicatiur. thereof to any person or circumstance is held invalid by (fly court of competent jurisdiction such holding shall not affect the validity of the remaining -)ortions of this Agreement, and the parties hereby declare they would have enacted such remaining portions despite any such invalidity, EXECUTED this day of 1998, 151 . 10 32XIO r r r ' • 1 ~ F . 0 i L r f r F r i. n 1 .S,ta::G✓.:e:aJ4^715.'s`t.C+'f 11 1~ _ _ .u.u.c-+.i...wlw.wM•.~.ww:v. r.. THE CITY OF DENTON, TEXAS 3} I ' By: JACK MILLER, MAYOR ATTEST: APPROVED AS TO LEGAL FORM: By: BY: JENNIFER WALTERS, /f 5ERT L. PRO f" CITY SECRETARY CITY ATTORNEY DENTON COUN ,TEXAS w' By: C J Dt.IR ATTEST: APP VED AS TO LEGAL 4W. By: BY: Secretwy D STRICT pTTO ~ r w,ealorr cn a a.~nr~ra~.,r+wlarcr.~rmic ~ ro, ' , l I ~ Ilf 7 1, 1 t Tr I I t .f fl 1 fj G 1 152 AK32X~ "MIN . a a d ...w w...i :a^r..mrki.>Mk pr...M At ..rrr.... { ~.«^....»w wwi:~.......,~. ~ } a Denton Cty Hitt. Comm. • Kiln HOT Compliance EY~3Y Amnunt ddrirlalna Ad AMU&" Hlalerlral Kiln Maleflela 4,500 Lobar 20,500 Pottery Shed Mat"fs 3,200 Labor 8,800 35,000 ddminLhillaa I[allll Total 38,000 36,000 a i r ' t 153 't ' ~'^4$IwV ' 1 t k 32X r " e o DENTON COUNTY HISTORICAL COMMISSION FINANCIAL REPORTS Program Year 1999 " 41 19T 2ND 3RD 4TH BUDGET ha ,M ~i;r .C l Y+? 6 i~dn ,I QUARTER QUARTER QUARTER QUARTER YYr,RTO V9 i APPROVED SU 09T Ndfl-AIaQ (Apr-Jon) (Jui•Sepl (Oct-Doe) I,ATE ACTUAL BoglnOn9Cash ,~~h <<' •,','f;~ so so s0 s0 3. $0 Raalpti t' e K °f(d1~ of„y „ OccupancyTak 135,00 s0 so SD so $O $35,000 Inletial Income if l' r*'t 'C 1 ~Vo 0 0 0 0 0 0 Total Receipts f35y0Q $0 $0 $0 so $0 $35,000 plebura~men ~~*~~~J°~F x dlalonsel p{ " V' Kiln., Meterlale IS, b' 30 SO $o so $0 $4,500 Labor + ,`lit ij4O,b 0 0 0 , 0 0 20,500 PoIMryShed lrtab 3 8 0 0 0 0 0 6,8-00 Tot&IHfslorical °r ~ty,or° ~YI3pjo r so $0 so $0 $0 635,000 Total 0fib uraenl4rta }35OQD s0 s0 so $0 $D $35,000 j EkCaloof ReeNpblDlebtlreemenfe )';i s0 s0 so s0 $0 s0 i e r iW a;~I~, Endlno•Ceeh rG 60 SO $O SO $o SD RECONCILIATION Cash OM Hand 6o $0 so so so so • Late Outaianding O'heak~' .klk," `~r 0 0 0 0 0 0 OthatAdJueimilnIa: 0 0 0 0 0 0 Bank Balance t' r r, o e o Varloneo(04) $0 $0 $0 $D SO i Date Scbmltled Program Director 1 159 liy T r 7 z! 3 L X I❑ q-qLML • r i . ;Imp"m 1 r I ORDINANCE NO: AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON COUNTY HISTORICAL FOUNDATION, INC. FOR THE USE OF EXISTING HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEP.EBY ORDAINS: SECTION 1. That the Mayor is htreby authorized to execute an agreement between the City of Denton and the Denton County Historical Foundation, Inc. for the use of existing hotel tax revenue, under the terms and conditions contained in the agreement, a copy of which is attached hereto and made a part hereof. SECTION Il, That this ordinance shall become effective immediately cpon its passage and approval, PASSED AND APPROVED thia i;sc day of , 1998. JACK MILLER, MAYOR i ATTEST; JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L PROUTY, CITY ATTORNEY I . 155 ' 0 i i AGREEMENT BETWEEN THE '71 Y OF DENTON AND THE DENTON COUNTY HISTORICAL FOUNDATION, INC. (CY1999-2001) PROVIDING FOR THE USE OF HOTEL TAX REVENUE THIS AGREEMENT made between the City of Denton, Texas, a municipal corporation (th: "CITY"), red the Denton County Historical Foundation, Inc., a corporation existing under the laws of the Sri a of Texas (the "FOUNDATION': WHEREAS, Tex. Tax Code §351.002 authorizes the CITY to levy by ordinance a rr unicipal hotel occupancy tax ("hotel t,'), based upon a percentage of the consideration paid by hotel occupants; and WHEREAS, by ordinance, the CITY has provided for the assessment and collection of a municipal hotel occupancy tax in the city of Denton for the past several years; and WHEREAS, Tex. Tax Code §351,101(a) authorizes the CITY to use revenue from its municipal hotel occupancy tax to promote tourism and the convention and hotel industry through historic restoration and preservatirn projects or activities or advertising and conducting solicitations and promotional programs to encourage tourists end convention dclege2s to visit preserved historic sites or museums in the City of; and WHEREAS, the FOUNDATION is well equipped to perform those activities; and Wl{EREAS, Tex, Tar Code §331.101(c) authorizes the CITY to delegate by contract with the FOUNDATION, as an independent entity, the management and supervision of programs and activities or the type described hereinabove funded with revenue from the municipai hotel occupancy tax; and WHEREAS, the FOUNDATION has been the recipient of hotel tax funds from the City for a number of years, but has accumulated a large unspent surplus of restricted funds which may not be spent legally for any other pur*ose, NOW, THEREFORE, in consideration of the performance of the mutual covenants and promises contained herein, the CITY and the FOUNDATION agree and contract as follows: 1. CONSIDERATION AND DEFINITIONS 1.1 Conslcerarlon. (a) For and in consideration of the activities to br performed by the FOUNDATION under this Agreement, the CITY agrees to ey;end the right to use hotel tax funds. as described in j Purapaph 1.2, and which were previously allwated to the FOUNDATION and that are currently in p the possession of the FOUNDATION. (b) For satisfactory performance of the activities set forth in this Agreement and all attachments hereto, the CITY shall extend the use of the hotel tax revenue to the FOUNDATION for a period of two years, beginning December, 15, 1998 and ending December 15, 2000. Timis 15e 7«»r CJ 32 x . r . 0 I~ Agreement is subject to an annual approval of a budget by the City Council and subsequent receipt of quarterly reports as required by §351 of the Texas Tvt Code. (c) The funding of this project in no way commits the CITY to future funding of this program beyond the current contract period. Any future funding is solely the responsibility of the FOUNDATION. (d) It Is expressly understood that this contract in no way obligates the General Fund or any other monies or credits of the CITY, Further, FOUNDATION understands that funding for the contract year 1999.2000 is expressly contingent upon City Council approval of the budget for that respective year. '.2 Definitions. As used in this Agreement, the following terms shall have the following specific meanings: (i) The term "hotel tax revenue" shall mean the gross monies previously disbursed by the CITY that are now in the possession of the FOUNDATION. These funds represent funds previously collected and received by the City as municipal hotel occupancy tar pursuant to Texas Tae Code §351.002 and City Ordinance, The CITY and the FOUNDATION rekogn)ze that all of these funds may not be hotel tax funds, but because the nature of the funds have been compromised by 1) commingling with other funds and 2) transfer and handling of funds by a third and separate organization, the FOUNDATION agrees to spend the balance of these funds according to Tex. TAX CODE §331 within a two- year period, Likewise, the CITY agrees to extend the use of this balance to the rOUNDATION for the activities as stated in paragraph 2A and as approved by CITY Council in the attached annual budget. The balance of these funds that will be considered the "hotel tar revenue" is the halance as recorded in the bank account as of December 15, 1998 as 527,323.37 on the beginning date of this contract, and any interest subsequently earned on C: s balance. (ii) no term "contract quarter" shall refer to any quarter of the calendar year in which this Agreement is in force. Contract quarters will end on March 31", June 300h, Septemher 30th, and December 31" of each contract year, It USE OF HOTEL TAX REVENUE BY FOUNDATION 2.1 Use of Funds. For and in consideration of the CITY'S extension of hotel tax fund use to the FOUNDATION of the agreed amounts as specified above, the FOUNDATION agrees to we such hotel tax funds only fnt historic restot lion and preservation projects or activities or advertising ant' conducting solicitatirrs and promotional programs to entourage tourists and comontion delegates to visit preserved Kist; ric sites or museums in the City of Denton, as uuthodzed by fEx, Tex CODE 0 • §351.!01{e)(S). The hotel tax funds as described in paragraph 11 must be used by the end of this N`t two year contract period. Any funds not used by midnight December 15, 2000 shall be refunded tL CITY within thirty (30) days unless the CYDY .nd the FOUNDATION equitably negotiate an extension of this contract or approve a new contract prior to the termination date of this Agreement. 157 32 x o e a►AV" . ' p c r4weWit I 2.2 Administr,utive Costs. The hotel tax funds currently in the possession of l OUNDATION may be spent for day-to-day operations, supplies, salaries, office rental, travel expenses, and other administrative costs that are incurred directly in the performance b) the FOUNDATION of those ' activities specified in 12, l above and are allowed by TEX. TAX CODE §351.101(1). 23 Specific Restrictions on Use of Funds. (a) That portion of total administrative coats of the FOUNDATION for which hotel tax funds may be used shall not exceed that portion of the FOUNDATION's administrative costs actually Incurred In conducting the activities specified in 92,1 above, (b) Hotel tax funds may not be spent for travel for a person to attend an event or conduct an activity the primary purpose of which is not directly related to the promotion of local tourism and the convention and hotel industry or the performance of the person's job in an efficient and professional manner. III. RECORDKEEPING AND REPORTING REQUIREMENTS 3.1 Budget. (a) The FOUNDATION shall prepwo and submit to the City Mandge- of the CITY an annual budget (see Exhibit "A") as approved by the City Council for each calendar year, for such operations oi'the FOUNDATION in which the hotel tar funds shall be used by the FOUNDATION. This budget shall specifically identify proposed expenditures of hotel tax funds by the FOUNDATION. In other words, the CITY should be ab!: to audit specifically whore the funds In the separate account relating to hotel tat funds w,"; oe expended, The annual budget must be approved in writing by the Denton City Councii to authorize the expenditure of funds as stated in Section 1, Failure to submit an ann!ial budget may be considered a breach of contract, and if not remedied k considered grounds for termination of this Agreement as stated in paragraph 4.2. (b) The FOUNDATION acknowledges that the approval of such budget by the Denton City Council creates a fiduciary duty in the FOUNDATION with respect to the hotel tax funds currently in possession of the FOUNDATION and as described in Paragraph 1.2 of this Agreement. " The FOUNDATION shall expend hotel tax funds only in the manner and for the purposes specified f in this Agreement, TEX. TAX CODE §351.101(ax5), and in the budget as approved by the CITY, 3.2 Separate Accounts. n,: FOUNDATION shall maintain t;ne hotel tat In a separate bank account with ugregated accounting, such that any rea_sonrble person can review the source of expenditures of tat funds. A bank reconciliation report (see Exhibit "C") is required with each quarterly repo, i, 3.3 Finai,cial Records, The FOUNDATION shill maintain compkit and accurate ftancial p r records of cash expenditure of the hotel tat funds mode by the FOUNDATION, These fiunus are required o be classified as rc,tncted funds for auditor financial purposes, and may not be used for supporting services, Including, but not limited to, auditing fees and attomey's fees. Upon reasonably advance ATiiien request of the Denton City Council, the City Manager or designate, or any other person, shall make such financial records available for inspection and review by the patty 158 r .A w v bri. r' 3 2 ' a - 1111111110A w kN71ERi U 'dJ 10(0 k i making the request. FOUNDATION understands and accepts that all such financial records, and any other records relating to this Agn.ment shall be subject to the Public Infonnation Act, TEX. GOV'TCODE, ch. 5d2, as hereafter amended. 3.4 Quarterly Reports. Within thirty days after the end of every contract quarter, the FOUNDATION shall famish to CITY: (1) a performance report of the work performed under this Agreement, in :he form determined l:y the City Manager cr designate, describing the activities performed pursuant to this Agreement during that contract quarter, and (2) a list of the expenditures made with regard to howl tax funds pursuant to TEX. TAX CODE §35 1.101(c). Both the performance and expenditure reports will be in a form either detemuned or approved by the City Manager or denigrate. The FOUNDATION shall respond promptly to any request from the City Manager of the Ctl V, or designate, for additional information relating to the activities performed under this Agrecrnent. 3.5 Notice of Nlectings. The FOUNDATION shall give the tizzy Manager of the CITY reasonable advance written rodcc of the time and place of all meetings cf the Denton County Historical Foundation's Board of Directors, as well as any other meeting of am.y constituency of the FOUNDATION at which this Agreement or any matter the subject of this Agreement shall be considered. This provision shall no, be dee,+.ed to requir- the FOUNDATION to give notice of any executive session of the Executive Committee of the FOUo 7ATION, IV. TERM AND TERMINATION 4.1 Term. The term of this Agreement shall commence on December 15, t 998 and terminate at midnight on December 15, 2000. This term shall be a period of trove years. 4.2 Termipation N% ithout Cause. (a) This Agreement may be terminated by either party, with or without cause, by giving the other party sixty (60) days advance written notice. (b) In the event this contract is terminated by either party pursuant to Section 4.2(a), the CITY agrees to extend the use of the hotel tax funds to the Foundation for any contactual obligation3 of the FOUNDATION undertaken by the FOUNDATION in satisfactory • performance of those activities specified in ~~2.1 and 2,2 above and that were approved by the Council through the budget, as noted in 13.1. This extension is conditioned upon such contractual obligations having been incursed and entered into in the good faith performance of iho,c services contemplated in X12.1 and 2.2 above, and further conditioned upon such cortracria.l obligations having a term not exceeding the fLlt term of this Agreement. Not%%ill standing any provision hereof to the contrary, the obligati( n of the CITY to extend the 1 use of the hotel tax funds to the FOUNDATION or v) assume the pe,!'ormancc of any contractual obugaticns of the FOUNDATION for or under any contract entered it to by the FOUNDAT ION as contemplated herein shall not exceed 66 2131,1a of the current quarterly payment. (c) Further, upon termination pursuant to 14.2(a), the FOUNDATION will provide the 1 CITY: 1) Within 10 business days from the termination notification, a short-ierm budget of probable expenditures for the remaining 60 day period between termination notification and 159 ~ s ytia~ 0 1 contract termination. This budget will be presented to Council for approval within 10 business days after receipt by CITY. If formal approval is not given within 10 business days and the budget does not contain any expenditures that would be prohibited by the Texas Tax Code, and ' is within the current co:,tractual period approved budget; the budget will be considered approved; 2) Within 30 days, a full accounting of all expenditures not previously audited by the City; 3) Within 5 business days of a request from the CITY, a listing of expenditures that have occurred since the last required reporting period; 4) a final accounting of all expenditures and tax funds on the day of termination. The FOUNDATION will be obligated to return any 1.nus6d funds or funds determined to be used imps-operly. Any use of remaining funds after notification of termination is conditioned upon such contractual obligations having been incurred and entered into in the good faith perfonmarmt of those services contemplated in 912.1 and 2.2 above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement- 43 Automatic Termination. This Agreement shall automatically terminate upon the occurrence of any of the following events: (a) The termination of the legal existence of the FOUNDATION; (b) The insolvency of the FOUNDATION, the filing of a petition in bankruptcy, either voluntarily or involuntarily, or an assignment by the FOUNDATION for the benefit of creditors; (c) The continuation of a breach of any of the terms or conditions of this Agreement by either the CITY or the FOUNDATION for more than thirty (30) days after written notice of such breach is given to the breaching party by the other party; or (d) The failure of the FOUNDATION to submit a financial quarterly report which complies with the reporting procedures required herein and generally accepted accounting principles prior to the beginning of the next contract terra, or quarterly as required by Section 1.3 hereof 4.4 }tight to lmmediate Termination Upon Litigation. Notwithstanding any other provision of this A grcement, to ^nitigate damages and to preserve evidence and issues for judicial determination, :ither party shall have the right to terminate thi: Agreement upon immediate notice to the other party in the event that any person has instituted litigation concerning the activities of the non terminating party, and the terminating party reasombly believes that such activities are required or prohibited under this Agreement. 4,5 In the event that this Agreement is terminated pur+uant to 594.3 or 4.4, FOUNDATION agrees to refund any and all unused funds, or funds determined by the CITY to have been used improperly, within 30 days after terminwion of the this Agmerient. 1F 141 40 f'' H 25 n 32 x 0 r y,;,r 1 i V. GFNERAL PROVISIONS , 5.1 Subconir uct for Performance of Services. Nothing in this Agreement shall prohibit, nor be construed to prohibit, the agreement by the FOUNDATION with another private entity, person, or organization for the performance of those services described in 12.1 above. In the event that the FOUNDATION enters into any araagement, contractual or otherwise, with such other entity, person or organization, the FOUNDATION shall cause such other entity, person, or organization to adhere to, conform to, and be subject to all provisions, terms, and conditions of this Agreement and to TEX. TAX CODE ch. 351, including reporting requirements, separate fords maintenance, and linvtations and prohibitions pertaining to expenditure of the agreed payments and hotel tax funds. 5.2 Independent Co%stractor, The FOUNDATION shall operate as an independent contractor as to all services to be performed under this Agreement and not as an officer, agent, servant, or employee or the CITY. The FOUNDATION shall have exclusive control of iv; operations and performance of services hereunder, and such persons, entities, or organ,zations performing the same and the FOUNDATION shall be solely responsible for the acts and omissions of its directors, officers, employees, agents, and subcontractors. The FOUNDATION shall not be considered a partner or joint venturer ,tii'.h the CITY, nor shall the FOUNDATION be considered nor in any r.rnnner hold itself out as an agent or official representative of the CITY. 5.3 Indemnification. The FOUNDATION agrres to indemnify, hold harmless, and defend the CITY, its officers, agents, and employees from and against any and all claims or suits for injuries, damage, loss, or liability of whatever kind or character, arising out of or in connection with the performance by the FOUNDATION or those services contemplated by this Agreement, including all such claims or causes of action based upon common, constitutional or statutory law, or based, in whole or in part, upon allegations of negligent or intentional acts of FOUNDATION, its officers, employees, agents, subcontractors, licensees and invitees. 5.4 Assignment. The FOUNDATION sh-WI not assign this Agreement without first obtaining the written consent of the CITY. 5.5 Notice. Any notice required to be given :coder this Agreement or any sr:tute, ordinance, or regulation, shall be effective when given in writing and deposited in the United States mail, certified mail, return reseipt requested, or by hand-delk ery, addressed to the respective parties as follows: City Manager Chair, Board of Trustees City of Denton Denton County Historical Foundation, Inc. 215 E. McKinney P. O. Box 2184 Denton, TX 76101 Denton, TX 76202 5.6 Inurement. Vis Agrennent and each provision hereof, and each and evuy right, duty, 0 obligation, and liability set forth herein shall he binding upon and inure to the benefit and obligation of the CITY and the FOUNDATION and their respective successors and assigns, l I I JV v 161 ~ ~ x a 7 r~i 1~ 32X Y I v i Y .Y S ' y ~ 1 fr L . 1 O .t , I f ATTEST: APPROVED AS TO LEGAL FORM: By: By: Secretary y r . i I I ,l" . a I r i tii ~ YY ~ 3 1 t 1: [ r 162 a r.i n.~.• r I O 1 ,rte. n.. r..... n.. ~ f I 1 I ` 5.7 Application of Laws. All terms, conditions, and provisions of t.tis Agreement are subject to all applicable federal laws, state laws, the Charter of the City of Deaton, all ordinances passed pursuant thereto, and all judicial detemur. dons relative thereto. ' 5.8 Exclusive Agreement. This Agreement contains the entire mmderstanding and constitutes the entire agreement between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, express of implied, between or among the parties hereto, relating to the subject matter of this agreement, which are not fully expressed herein. The terms and conditions of this Agreement shall prevail, notwithstanding any variance in this Agreement from the terms and conditions of any other document relating to this transaction or these transactions. 5.9 Duplicate Originals. This Agreement is executed in duplicate originals. f r' I SAO Headings. The headings and subheadings of the various sections and paragraphs of this j Agreement are inserted merely for the purpose of convenience and do not express or imply any limitation, definition, or extension of the specific terms of the section and paragraph so designated. 5.11 SeveraWlity. If any section, subsection, paragraph, sentence, clause, phrase or word in this Agreement, or application thereof to any person or circumstance is held invalid by any coup of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Agreement, and the parties hereby declare they would have enacted such remaining portions despite any such invalidity. EXECU FED taus _ day of ,1998. THE CITY OF DENTON, TEXAS By: JACK MILLER, MAYOR ATTEST: APPROVED AS TO LEGAL FOP: By: By: - - JENNIFER WP. LTERS, HERBERT L. PR Y, CITY SFCRETARY CITY ATTO W i • DENT- COUNTY HISTORICAL ! FOUNDATION, rNC. ! 0 1MT 'QZ By: 11~• C msanlDirector I, 32 X n r e ` r N ~ t ~ y • COUNTY HISTORICAL FOUNDATION, INC. ,kDENTON Pr 0. Box 2194 Dc non, T"ms 76201 Of VON COUNTY CONIN"t $UkT Im t DENTON COUNTY HISTORICAL FOUNDATION, INC., HOTEL TAX AUDIT - 1995-1997 The Denton County Historical Foundation, Inc., accepts the Audit as presented and accept the responsibility of annual reporting of expenditures and fund activities. Marvourene Matthews, Chairperson OLive Stephens, Secretary a 7. . 1 F ' 1 J' i f J64 4 J li~ryi t K 32X10 rLNtr ! ~ r , i; i i DENTON COUNTY HISTORICAL FOUNDATION, INC. P. 0. Box 2184 Denton, Texas 76202 I Jiti'Or. CM", COUxrHOuSE ault? p5 DENTON COUNTY HISTORICAL FOUNDATI04, INC. r PROPOSED BUDGET 1998-1999 LALOR FUNDS - CITY OF DENTON, TEXAS 1996-1997 ;997-1998 1998-1999 Lalor Fund $5,048 •Lalor Fund ; 7,600 • Reserve ; 5,586 f Disbursemens • Disbursements 1:OOE Slides /Yhots 1.00E Slides 250 2.00E Archives 2.00E Archives 350 3.00E Publication 3.00E Publication 2,500 1100 REprin•, 3.01E REprint Broc/h.,.os 3.02E Broc/maps 4.00E Proj Equip 4.00E Proj Equip 200 supplies supplies 5.00E Memb training 5.00E Training 100 subscriptions Mem dues 6.00E Heritage 1,000 6,00E Herritage 400 Proj marker 6.01E Marker S00 6.01E His Marker 800 6.02E Cemetery 6.02E Cem Proj 5.03E Preserv 548 6,03E Preserv 800 7.015E Bus Office 7,00E Office 514 operations ~7,01E 7,01E Audit/IRS 800 8.00E 8,00E Hlst Educ 172 9.00E 9.00E Capitol 100 improvement 0.00E 10.00E Hist Prev TOTAL 55,048 TOTAL f 51586 ' 0 •Lalor fund was denied by the city of Oenton for 1997-1998 ' e • Reserve fund of $ 11,172 will be divided, between 1998-1999 and 1999 2000. 165 Olt 25 fC 32x10 A ~ y` = 1 - e O =saeen DENTON COUNTY HISTORICAL FOUNDATION, INC. P. O. Box 2184 Denton, Texas 76202 August 4, 1998 A ki O[N'OV C C0.RT~quSE GUILT au~LT q„ DENTGY COUNTY HISTORICAL FOUNDATION, INC. HOTEL-MOTEL TAX RECOMMENDATION C.O. ACCOUNT The Denton County Historical Foundation has designated entire amount of the C.D to be used to re-furbish the 1935 Pirsch Fire Truck and some type of building designed for visitors to be able to view the truck at all times. The site that has been choosen is adjacent to the Firefig'tters Memorial on Mulberry. Our desire is to have the truck functional to participate in parades and used for other functions in the City of Denton. MARVOURENE MATTHEWS, CHAIRPERSON OLIVE STEPHENS, SECRETARY I f , i, 1 " F, ' .r 1 r1 ~tGb 2 10 32X 15 r 7 1 i , , rs J 4 5!1.n'i4J'.-:~?Yrar*f~I~.fAYV'..w°i.r.. .,.,.:++w+.w.-. ~ ~ .I r DENTON COUNTY HISTORICAL FOUNDATION, INC. P. 0. Box 2194 Denton, Texas 76202 OWON CDA. COURTM01Rt + BUIV ,m . TO WHOM IT MAY CONCERN. J,,~., DENTON COUNTY HISTORICAL FOUNDATION, INC. C.D. ACCOUNT #87173 FIRST STATE BANK, DENTON, TEXAS ` BALANCE AS OF JANUARY 1, 1998 $ L6,286.92 . • I~ r y y,, OLIVE STEPHENS, SECRETARY r 1 . a 'r r. r', • 1 M ;y 3 { J i i 167 , A^~ t 1 .l t 1 i t it i 0 AGENDA INFORMATION SHEET -043 AGENDA DATE: December 8,1998 AW4 m Date DEPARTMENT-. Planning Department CIN/DCMIACbI: Rick Svehla, 349-7715 SUBJECT - Z•98-04=: (Denton Garden Addition) Hold a public hearing and consider rezoning 34.133 acres from Planned Development 39 (PD 39) zoning district and Single Family 7 (SF-7) zoning district to a Planned Development (PD) zoning district by way of a dclJiod plan, allowing for detached single-family homes. The property is located on the southeast corner of Stuart Road and Loop 288. BACKGRJUND The applicant is requestir3 to rezone the subject property to a planned development zoning district to construct a single-family subdivision (see Attachment 3). The request for planned development is necessary, because many of the lot sizes of most of the lots within the subdivision are smaller than the minimum square footage allowed by any one of the City of Denton's single-family zoning districts. The proposed development is consistent with all of the policies of the 1988 Denton Development Plan (DDP) as applicable and the 1998 Denton Plan (DP) Policies (see Attachment 3 - C(mprehcnsive Plan Analysis section). The following analysis provides a comparison betweer, the proposed development and what could be built under existing zoning regulations. i The applicant requ;sted opr.oval of a detailed plan for one hundred and seventy six (176) single family homes at the Pianning and Zoning Commission meeting (see Attachment 3, Enclosure 3). However, it required a variance from Section 34-114(9) of the Code of Ordinances, concerning intersection spacing. The plan called for two (2) intersections onto Stuart Road that did not satisfy the minimum four hundred (400) foot spacing restriction. The Commission denied the variance request. Having foreseen tb, possibility of not receiving the variance, the applicant prepared an alternative detailed plan with one (1) inlersection onto Stuart Road (see Attachment 3, Enclosure 10). r The 1 plicant is requesting appreval Chat 1, Denton Garden Addition Lot Cres • of the alternative detailed plan (see Attachment 1). It provides for one 60 hundred and seventy-three (173) 70 - ) singlc•far•ily lots. The lots range 60 - from 5,500 square feel to above S 50 8,000 square feel (see Chart 1). The 40 • majority of these lots (133 or 77%) E 30 tt to O • arc less than seven thousand (7,000) c zo tt square feel, while 40 lots or 23% 10 `r exceed this square footage. As Chart o : demonstrates, the single, largest 5,500. 6,001. 6,501. ?A01- 6,001 cu:cenlration of lots is found in the 6,000 6,500 7,000 a,o00 6,1x.11 to 6,500 square foot lot size - Lotei,o ISquvn Fa&Q category. 11 contains seventy-three { 1. Y, 32 ILI i o 0 i (73) lots or 42% of all lots. The proposed mix of lots produces an overall density of 5.07 lots per acre. > Existing zoning would allow a more Chart 2. Lot Comparison dense development (see Chart 2). The northern 15.56 acres of the site 180 IN are located within Planned Ito rs0 - 140 Development 39 (PD 39) zoning 140 district. It allows cluster homes ea o y„eog (zero lot line) with a maximum t< d ea ' OProposed Proposed Zonin i density of ten (10) lots per acre, to translating into a maximum of one 40 hundred and fifty-six (156) lots. The 20 remaining 18.57 acres are in a 0 Single-Family 7 (SF-7) zoning flueier Less 'hen SF.? 7.OD0 district. Subdivisions developed in Homes 7.000 accordance with SF-7 lot area - - regulations are typically deigned at four (4) lots per acre. This would equate to seventy-four (74) lots in this area. All together, two hundred and thirty (230) single-family homes or 6.74 lots per acre could be built on the 34.133 acre site. The above analysis ilIustrates that the proposed development would be less dense than residential growth under existing zoning regulations (see Chart 2). Even though the Denton Garden subdivision woald contain Otte hundred and thirty-three (133) single-family detrched homes on lots with less than seven thousand (7,000) square feet, existing zoning could produce fifty-seven (57) more lots. On balance, the proposed rezoning would reduce density from 6.74 loWacre to 5.071oWacre, : Thcre is neighborhood opposition. Seven (7) om of the twenty-six (26) property owners that were notified have indicated that they oppose the rezoning request. The opposition constitutes less than twenty percent (20%) of the area of the lots or land extending two hundred (200) feet from the subject site. Four (4) responses were received prior to the completion of the Planning and Zoning Commission staff report (see Attachment 3, Enclosure 8). The remaining four (4) responses have been attached ru tlLit staff report (see Attachment 5), Dr. Wulski, the property owner of the subject tract and of the undeveloped land to the east of the site, responded in favor. PRIOR ACTION/REVIEW (Council. Boards. Commissloost The Planning and Zoning Commission recommended approval (5-0) of the alternative detailed plan and, corresponding, landscape plan, aft:r denying the applica•it's variance request from Section 34.114(9) of the Code of Ordinances, with the following conditions: I . T hit a physical buffer, i,c. a fence, be erected along the northern boundary of the rear yards of all residential lots that are adjacent to Loop 288. 0 2, That one (1) canopy and three (3) underc!ory tices per one hundred (100) f~ linear feet be installed along the north side of the physical buffer. kY 3. That the number of lots in Block E, between Lots 6 - 16, be reduced by Iwo (2), decreasing the total number of lots within the block from twenty-three (23) to twenty-one (21). The applicant has submitted a revised landscape plan, showing a physical buffer and trees as recommended by the Commission and staff (see Attachmert 2). 2. ` 32 r 0 I FISCAL INFORMATION Development of this property will increase the ass.ssed value f the city, county, and school district. It will require no short-terns public improvements that are the responsibility of the city. As a form of infill development, no extension of public infrastructure is r!xessary to service this site, y SUGGESTED RECOMMENDATION Staff recommends approval of the detailed plan for Z-98-042 as recommended by the Planning and Zoning Commssion. ALTERNATIVES 1. Approve as submitted. 2. Approve with conditions. 3. Deny. 4. Postpone consideration. 5. Table item. ATTACHMENTS L Alternative Detailed Plan. 2. Revised Landscape Plan. 3. Planning and Zoning Commission Report, October 28, 1998, Z-98-042, 4. Planning and Zoning Commission minutes from October 28, 1998, 5. Property Owner Responses (4). 6. Draft Ordinance. Res If fly 1 D Hit. Director of Planning and Development • Prcpar d by, I Wayne R d Planner I s 25x~CJ 32x~G o I NOTES: f. A phy*W Duller, I.e. a Wm, WU be ereord aionp IM non)5em boundary a ft nw r yards u an nWdw" lots "we ad*wd to Lucy 2U. 2. One O clAM bee and Cates (3) wWentory treea pw one hww*d (100) mw feet sru art rl o; 100 , will be 1,*Akd WW4 a* ftih s of ft 91"W DuRw, eH LOOP U3 1220' R-O-WI yJCiNFTY ~~p p. wrr l4 1L `.1'1r 11 0 ' A 1 61a GG 61 V-R1 G: 611 ;0 59 !D 5 S I`C 17 ! !1 50 =3 ID r^t f6 +S~U_1! tT 1 JO I . A taro I`pr_ka -Il J' ru i61 i Tt rr L u ]0:V ~D n ,.i5 ra 17 ,z .tt~ 13 az %tt 21 » r9 ID V 1t. A N U 11 1 I- 1 '1 I.Y 1t 1 Y Y t.. 2 At T.bt. JC i fll r~ 2 10 1 Sy Z 74 ' t 1 ~Q If drac,l ~Y8' of 1 S R 1 A, ] I• r _ I 10 lIl I t r 9 ~ 6~ D S 00 3g q ~ .JPl ]'ice • -•-•~-I~'V ~I, t^ n (7 d 1A .1 19 2 ~}54~. ~i ~nw _ _ _ _.I l~ v _ _ hx _ _ _ n t \ yr~~ w S 72 • 'If . o I, ID 1] 14 to sl 51 7 , .'ip.~ so. 1. . t•~ 'J! Jt. 57 51 p 1 1 1uc A IF) Lt M ID 6 L C) 11' ll r f I t. s on ~D d 1 S I 5 R ] D ? Al k .i i7 it 11 15 16 ~1 16 H 10 it 12 21~ ET 1331 1 S t i r ~N ~ .,YY 1', 11111,' DETAILED PLAN +5 N wl. LaFJfD DENTON GARDEN ADDITION • ,.r r•• a l4lu Acres 11 M . IN r o Wl n' Lwl u~rq r, 6wr p bun.nr A MIt,46" S."tb .0 #W ~ ¢ 1 I 1 Cdr N Otnil.a. ].In A I a ti- t0 laxl m,ry bl.mnr Aew I'.yrJ Ir r ~«wiOa O.,.m MI~~A bM1~L19 MtWIli01oI1F0 6 ~ r 61~1OI 11~ttAgga 0 .nM IIM bMM .41 rU0 rw r.l~ •.I ' C. Y<~ ~111.N rM A4iY EII k tial I,.+~r 32 x ..wool. . a 1 FOtet . { , t's...e. LLtttRL ww.rrn NiwNn rtr, •I~'1t• I NN, ~t314 L On, ltlW~.MwIMA+ •~~~rf1001.+v MYIW I.r. N w.tIY~~N f .nel.mrlA 11 wtr YtnrYIY1rAN...tNrYIM t NMw10111Nt~NYwr.NY L YIr6s1Yw tr.ewNtlw ~Aw 1YlIYOiYY eQ tlll llwr nT~wl4we Ml o i~-'np ' lCO• ~ YSr~M..ww ' 1 rr t r wee lwu SH LOOP 298 tl•Y7. . ' trn N'N.i.errttr r l-I"IW ai ii 95 ai 63 it 61 60 59 se !r s6 SL !S St !I 50 45 as e7 t6 i! ti e! tr _ tl 00 31 6o 04 91 40 10 22 21 r0 IS is 11 I6 19 N 13 12 to 19 A N A 15 H 13 J12 II 31 NNVWI.~ 911" ?1 - 34 y is 12 37 16 14 i3 1 r 1 t S a 1 e 9 10 M 1 : 3 i S c 1 o f l0 76 b ti I r1 3! 11 ri 2! !t N !a z/ ze Q Its t: 21 20, If IL n 16 si y • :r is rt z! z6 tr :e :9 so sl Sz ss ICa 1s Ili IS Iz I / 10 II 12 I! 1e I! 22 21 20 l1 is h ' I : s 4.2 4 r C 7 70 1 ? 0S on to j ! - I s9 c ! e r e l to a u Is a t! 1c :SA I~ z ~i ! a r e t / oM• I , . I t .tM1r• rnttr ~ . e e t t t TREE 1NVENTORY and LANDSCAPE PLAN ' a DENTON GARDEN ADDITION j st 93 it, 11 Y Ib LEGEN9 1 b.1c..It.n Ir+.1. LItI.1en CIII tl 0tnr w. TuN rtil lln TIU hNtr I. rtt41 i•'•' .Iar.1i i0 1 b to e0.p11 low l.ail[I !.!t 1 Y 1 1Nt t t ot 1. I e.04r 6lnene lbt A,io et•t0. Mat a 11.011.1 pqw N 0J H i' ' 1fss i~C „A. 32x10 0 , TAO i _ I I ATTACHMENT 3 Sublec LANNING AND ZONING COMMISSION REPORT FF- STAFF RE PORT : Denton Garden Addition Case Number: Z-98-042 1 , A : Wayne Reed, Planner I Agenda Date: October 28, 1998 Hold a public hearing and consider making a recommendation to the City Council concerning a request to rezone $4.133 acres presently classified as Planned Development 39 (PD 39) zoning district (for cluster homes) and a Single Family 7 (SF-7) zoning district to a Planned Development (PD) zoning district for detached single-family homes. The intent Is to develop a single-family subdivision with one hundred and seventy-six (176) lAs (see enclosure 2). Existing zoning would allow for a combined total of two hundrad and thirty (230) single-family lots. y OOP 288 SITE Z J [HERCULES I I , I y I I 2'2~ • , 1!n • VICINT1Y MAP , o e Location: on the southeast corner of Stuart Road and Loop 288 (see Enclosure 1). Size: 34.133 acres 2 90 041 DZ stas Re;rorl.rju. 6. I r>;r,- rh ~La 32X , o , o , Applicant: Brian Burke Owner: Dr. Ed Wolskl Burke Engineering 2436 S. 1-35 East , 1318 Aubum nrive Denton, TX 76205 Denton, Denton 76201 PLARN I,DEV"L~Op F T,Z~ONIN .PRdCEbURE ~ l" Planned development zoning districts (PD) are intended to provide for the development of land as an integral unit for single or mixed use In accordance with a plan that may vary from the established regulations of other zoning districts for similar land uses. They ere also meant to encourage flexible and creative planning to ensure the compatibility of land uses, to allow for the adjustment of changing demands to meet the current needs of the community, and to provide for a development that is superior to what could be accomplished in other zoning districts by meeting one or more of the following purposes: (1) Provides for the design of lots or building; Increased recreation, c xnmon or open space for private or public use; berms, greenbelts, trees, shrut,s or other landscaping features; parking areas, street design or as ess; or other development plans, amenities or features that would be of special benefit to the property users or community; (2) Protects or preserves topographical features, such as trees, creeks, ponds, floodplains, slopes or hills; or (3) Protects or preserves existing historical buildings, structures, features or places. These are three (3) types of plans that may be used in the planned development process; concept plan, development plan and detailed plan. CONCEPT PLAN - This plan is Intended to be the first step In the PD process for larger or kxig term developments. It establishes the most general guidelines, identifying the land use types, approximate thoroughfare locations within the boundaries of the district. DEVELOPMENT PLX°* - This plan is Intended to be used most often as a second step In the PD process. It includes the same Informa",ion that is provided on the concept plan, plus details as to the specific land uses and their boundaries. DETAILED PLAN - This plan Is the final stop In the process and Is r6quimd prior to any • development. For smaller tracts or where final development plans are otherwise known prior to rezoning, the detailed plan may be used to establish the district and be the only required plan In the planned development Process. It will contain Information specific to the site. All detailed plans should be In substantial compliance with landscape, sign, subdivision and other regulations of the Code of Ordinances, When concessions from these regulations are requested by a developer, there needs to be corresponding benefit4 that merit deviation from those regulations. Z 99 D91 PI Starl R.;vt. the 1. _ _ r~ ,1/^11 3/'/~ 1e('] t1' i o . w 1 III``` I V 6 j 1 Staff has attached an alternative detailed pian that was submitted br the ~f applicant (see Enclosure 10). The applicant provided this plan in response to his request for a variance from Section 34.114(8) of the Code of Ordinances, concerning intersection spacing. The Planning and Zoning Commission should consider either the original detailed plan or the alternative detailed plan, depending on Its action on the variance. Staff has provided two summaries of the proposed development - one for each detailed plan. if the Commission approves the variance request, it should proceed to read the following analysis on Page 3 of this staff report as it pertains to the original detailed plan; if the variance request is deniod, the Commission should disregard Page 3 and Instead, substitute Enclosure 9 in its place as it provides analysis of the alternative detailed plan. I 0 1 1 y I t4 ; Tw, ' t.i 41 2416 U12 PZ W1 RtWtdm ' r• T 1 4~)r ,v s{, x 10 33x10 11y ~ 0 Fb I , UM MARY,OFZONING he apolicant has requested thr rezoning of 34,133 acres to a Planned Development zoning district y way o,)f a detailed plan to develop a subdivision for which the configuration Is already known (see Enclosure 2). The Intent is to develop a single-family subdivision that provides for a range of lot sizes from 5,500 square feet to above 8,000 square feet (see Chart 1 and Toole 1). In total, the proposed detailed plan provides for one hundred Chart 4. Proposed Lot Sizes and seventy six (176) lots. The majority of these lots (139 or 78%) are less than 100- 95 seven thousand (7,000) square feel, 90 while 37 lots or 22% exceed this square n so ` footage. j 70 60 Tablet. Denton Garden Addition S 50 Lot Size Lots Percentage j r (Sq. FL) 30 20 48 47, u, 5,500 - 6,000 28 16% 10 rVA 8,091-6,500 95 _ 64% 0 6,601 - 7.000 18 9% 5,500- 6,001. 8,501- 7.001- 8.001+ 7,001-8,000 20 11% f 6,000 8,500 7,000 8.00 8,001+ 17 10°h Lot 812e (Square cee,; Total 176 1000% As Chart 1 demonstrates, the single, largest concentration of lots Is found In Chart 2. Zoning Comparison the 6,001 to 6,500 square foot lot size category, It contalos ninety-five (95) lots tro 15B or 54% of all lots. The proposed mix of 1 u9 lots produces an overall density of 6,15 140 lots per acre. 120 too - 74 pExbup2M 9 Existing zoning allows for a more dense i 60 $ - a Proposed za,me lot per acre ratio. Speeif :ally, the 16.66 so - !sr, a2 - acres zoned PD 39 allows a maximum 40 density of ten (10) lots per acre, 20 translating Into a maximum of one o - " hundred and fifty-six (156) single-family ']user Lessnan SF-7 7,000+ attached homes (see Chart 2 and rCnes 7.000` Enclosure 3). The remaining 18.57 acres are zoned Single-Family 7 (SF-7) and would add approximately four (4) lots per acre, equating to seventy-four (74) lots. This translates into somewhere around two hundred and thirty (230) single-family hOm3s or 6.74 lots per acre. So, even though the proposel zoning would contain one hundred and thirty-nine (139) single-family detached homes on lots with less than O seven thousand (7,000) square feet, exisling zoning could produce fifty-four (54) more lots. On balance, the proposed rezoning offers a form of development that Is closer to straight zoning I regulations than does existing zoning. 2 98 04) n1 5',47 g q i, I dr,. 9. I 32XIa o , r 1 { COMP,~ItI; ~ 5 ~ '..N ~ ~ F,„ r~ "r~,di, :;r -~F sir, t , ':<..;<: 1988 Denton Development Plan Analysis The 1988 Denton Development Plan (ODP) shows this area to be within a Low Intensity Area, These areas are intended to be developed primarily for single family re.;ldential development. ' Neighborhoods are to be serviced by a network of small commercial/retail centers spaced at about '/a mile intervals with direct access to a collector type street or larger thoroughfare. Vehicular trip generation due to development within Low Intensity Areas is restricted to 60 trips per day per acre in order to balance land use with road capacity. Staff finds the proposed devolopment to be consistent with both the policies and trip Intensity standards of the 1988 DDP. I the table below provides a summary of the 1988 Denton Development Plan policies applicable to this project: Denton Development Plan Policy Analysis Summary Low Intensity Area Development Rating vs. Polity POLICY COMMENTS Inconsistentt inco stmt Consistent tntentr These areas represent primary hating areas wit19_n the oty~ K Intenalty. To be consdent with the Allowed Intensity a 2,098 Mpyaae Plan, a devNoprri(,nt should not exceed Its Allocated Intensity • 1,681 NpsJsite allocated Interm'ty. Allocated Intensity' 1,651 tatipstsite' e Alternative Detailed Plan x site Plan eonw. strict property The detailed plan praJdes fun rontrol dwelopnrnt r Atrrr within 1,600 feet of over the development of this prrrperty. existing ;caw density residential areas. x Traffic Design. Access should be The proposed single family subdrAsron provided to ensu a that multi-famlly or would have aorcss onto Stuart Road and non-resdental uses have access to at some point In time, N t: t property to collectors or larger art:nals vdth no drect the south Is developed, onto Hunb4on access through residential sweets. Dr". x Open space. SufRolent green span, fie proposed development VIII contribute reaeatwnal foolues ar+d dversiry of parks to the devNapment of public parks Ly x I are provided. providing fees in Neu or land dedicator. Public PartlclpaUon. Input Into The applicant dd nd hold a planning try neighborbood assodations and r*ghbort W meebrp Mth city staff, but OD'ardis Is encouraged Inflated Mat he dd bold one earlier on in ee development process. It Land User Wyerslty, Non reskkneal and This Is Wety N!Sl a bbl. multi-family develc rrient is encouraged to a limited degree. x Manufactured Mosising, TMs form of Not appllcble. single-ram iy housing may Ie compatible with deveior+rents in the caw Intensity areas iii to ctodioens _ strlp Conn"rdal. Any form of Nat appikable. 0 4~ continuous sip cornme,dal n *ong'y U~M'J dscanaged kVor rear low Intensity areas x Z 98 911 0! S1a f 6otxti tdx 10. _ r • t ~ rM. r Y ~Pi`"; r k i ' 0 I x;aaaa~ 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. Polley CATAGORY POLICY I Sstent tpplotile;r consistent 1 Transportation. Compliments Centon's long-Range Thoroughfare Plan. % Promotes Aoo ss Management Practices % • ~Dptim res operations for en.ergenq service providers and l z other ouWk !ervlce powders. % 'Promotes Puotlc transportation system. is % Corwbutes to the Denton Trm network. %.,t.'; Stormwater Oralnage. Proteca tOJ-yeM Roodplain areas In eocordance with Denton's "L.,rsned management plans. X CoHyrns :o local 9MOslor regulations. X a ConMbubs to regional detention fadllde:. 7 % Provio,,,s for natural riparian envinmwt along Aol k 4 Up "ade; existing substandard draiW systert,• as Infll an. Ydnveloprnent occur, % Water and Develops and maintains property and private ry+t 7; Wastewater. Infrastrxture. X Create; opportunity for oversi8ng water and wastewater ~ Imes b) meet future development demands. - X Provides review of proposed water and wastewater s In'rasnicbne to ensure pu0llc safety and health. % l Promotes Infill Improvements aver rew tine extensions. X Electric. Provides underground electric service for new residential i and wnresldentiedevelopment. % j Solid Waste. Promotes effident access to all developrter.c for solid wale service delivery. ""'~rl X Parks and Recreation. locates larks and recreabon fadlities In accordance with , A the Parks and Recreation Strategic Plan. d J. Entances parks and reaeatlon opportunities for residents. x Ness cs Rocdlaan for parks and open space to aid In VV7 i nwodOaln conservation efforts x ` glows comNri ng of parks with other p utou; facilities to adiieve cost-effed,ve delivery of pudic sen sms. Residential development should dedicate land a (.45 In ''j` lieu of land for neighborhood park& a % Endronmentet Quality. Promotes preservation of natural resources. Integrates environmental protector Mth emorniC y,+,!I + growth and conununity development k x 1 ' Alternative Detailed Plan Development Rating. 1 96 Oat PZ Sla'f Rrluat. d+C I tl. I I RIM la~aiY ~ ~ i r a do 1998 Denton Plan Policies Analysis (continued) Denton Plan Policy Analysis Summary Development Ratng vs. Policy CATAGORY POLICY :nmreistent Applabk CaN Naf phborbooda, Ptaldes aoasa to pubrtc and mmuraadq fadlRks for. resSdentlal rkighborMods. ,;!y X Erc"apec a mixture of land uses that bu*M resldenb, Protects and preserves &x AN nooftrhoo& x . , Promotes Wcyde and pedestrian batik within and , Wweem hd*barhoods to rebus "Nectar 61ps. X ' Houaing. Prov10a a range of housing types that appeal to dite v emnoerk and ird ooAi Yfe-styles. X Offen a varkty of single-family bt slats, Dulldrq slze% end prke ranges. ' Y' X Presents edsarq Musing, Indudng affordade fmA q. x trweases "11 housing mrotructlon, x k Economic Cwbtix tes to a"and &ierOed"emrwn y ty Divaralfkatlon. IrOcUng employment and expandn; the tax tssse. Gavamma Ot &n=raq %InterWwnn entA c.oordnation to pm oost•eftectve putlk servlrs, Urban ou}pn. Addresses mmmxrdty *Maran Z k, a mrrprchenslve ~j, mlafxllr. i'' ~ Olv"Mes arddtechrral appearance of WIN erwirwment NNghW twod hnR derNoprrment should be mnpatlNe S with edstng land uses and bRd r g% c} X Protetts and prewift De, don's erd,Rectural, cultural and historkal res&fft •'jt'` ! Enhanm the appearwxe along major entranceways, "X Pm aces the pre%rvotion of trees and landmong. X Publle tnv.tvam rrL Provides an opporhAty for pLtk option durirq the "r panNngproctss, X y' l e ' Alternative Detailed Plan Development hating y i r ! t + A..'a Z 98 042 M S141 repot dx 12. ?5x10 32XIO i o i I FATrIp ion ration The prop osed developr,. nt will contain only single family detached homes. On average, single- family development generates 9.55 trips per day per unit, say ten (10) trips. The applicant's engineer has submitted a traffic Impact analysis, using tan trips per day per lot (see Enclosure 4, second page). It demonstrates that the entir, subdivision could generate another one thousand seven hundred and sixty (1,760) trips per day (see Table 1). However, if the alternative deta ad plan is considered that number of generated trips drops by thirty to one thousand seven hundred and thirty (1,730) trips per day (see Table 2). j Table 1. Original Detailed Plan Trip Generation Land Use Average Trip Total Trip Maximum Buildout Generation Per Generation Single-Family (Detachr i) 10.0 tops/day 1,760 176 detached homes Tolel,Trip Genera On 10760 ~:t;~$a. ^ w +r:: Allowed Trip Generation 34,133 acres 2,048 60 tripslacre _ Difference 288 1below allowed trips ~ll • Cdculatlons provided by the Institute or Transporutme Engineers, 1491. Table 2, Alternative Detailed Plan Trip Generation I Land Use Average Trip Total Trip Maximum 8utldc,--t Generation Per Genrtratior Single-Family (Detached) 10.0 trips/day 1,730 173 detached homes Total Trip Generation - T 1,730 Allowed Trip Generation 34.133 acres 2,048 60 tripslacre Difference 318 16% below allowed trips i • Cslculattons provided by the Instltuu of Transportetlon tMonhn,1991. Under either fzenario, the traffic generated Is below its allocated Intensity as defined by the Denton Development Plan. The original detailed plan would generate 14% less than allowed, while the alternative would generate 16% less. • B. Access All traffic would be directed onto Stuart Road (see Enclosure 6). A second point of egress and ingress to the neighborhood will be made at an undetermined time In the future when Huntington Drive Is extended up to the Denton Garden subdivision, This connection Is dependent upon the property to the south being developed. O • C. Road Capacity • Stuart Road Is classified as a secondary arterial by Denton's Long Range Thoroughfare Plan. At present, the most recent traffic count along this portion of Stuart (south side of Loop 288) was j 4,157 trips per day. If developed to its full street design of four (4) lanes, its capacity would be 199 DV F1 Val R,yxrt.rime 13. K L~ 32 ft] mod li 0 l F y 15,000 Lips per day. The traffic Impact ana!ysis provided by Brian Burke considers f Stuart Road a collector (given its present configuration) for the purpose of evaluating y and uses 7R0 vehicles per hour at Lb.al of Servioe'C' (3ee Enciosare 6, second oonserve'iv.. approach assumes a maximum road capacity of 9,480 trips per day, ne with a tolerable traffic flow on a two lane undivided roadway. According to his analysis, total daily vehicle trips would be approximately 5,100 on Stuart Road including the trip r generation figures calculated for Denton Garden Addition. Stuart Road has adequate road capacity to carry any addit,onal traffic generated toy the Minton Carden Addition. D. Pac'estrian Linkages Sidewalks along all public streets are required. There is an existing sidewalk along the east side of Stuart Road that abuts this property. Sidewalks will be required along Loop 288 as well as throughout the subdivision. 2. Utilities This site has access to existing water and sanitary sewer lines: Water: Twelve (12) Inch waterline that ends approximately 500-feet south of Loop 288 on Stuart Road. Wastewater: Six (6) inch force main running south on Stuart Road crossh,g Loop 288 and changing Into a 15-Inch gravity sanitary sewer approximately 300-feet south of Loop 288 on Stuart Road continuing south. 3. Drainage and Topography New development will be required to design and construct a drainage system to city standards. The Denton Garden Addition would required both on-site and off-site drainage Improvements, including participation In the construction of the Kings Row regional detention pond. These drainage improvements will be based upon a preliminary drainage study that is required with a preliminary plat. The study must Include calculations of the 100-year storm for all drainage areas on this property and say area that drains towards this property. The developer must Indicate the method by which the run-off will be carried across the property or stored on the property. 4. Signs Any sign(s) will comply with Chapter 33 of the Code of Ordinances, concerning signs. { • S. Off Streat Parking Every lot will have a two (2) car private garage as per the detailed plan. 1 6. Landscaping This property will have to comply with the new Lrndscape Code, which requires Men (15) trees per acre and twenty (20) percent of all surfaces to remain pervious (piantable area). • 1. 7, Open Space • t Park Land Dedication, Baseo upon the total acreage of the proposed subdivision, the land dedication for Denton Garden Addition amounts to 1.23 acres. Because this amount is below the Z 9H D42 D2 St,T Rvrnrl.Mx 14. w.~A"~ k,►7 ~~_t 32x10 Al J e U r • • i five acre minimum for a nelghborhood nark site, he City will require fees in lieu of oark land dedication. The Ps ks Department w0 I work the developerlowr,er to calculate fees In lieu of land. A tax assessment o, contract price may be used to determine the value of 1.23 acres of land for this development. This fee must be paid In order to file the final plat. Park Development Fees. If the subdivision Includes 176 single-family homes, the pa*k development fee will amount to $51,216. If the altematlve detoNld plan is ap,aroved, this amourd would be slightly reduced to $50,343. This tab must be psld before any ballding permits are Issued. 8. Associated Public Improvements This development gill require the following public Improvement: a) All interior streets and street right-of-ways within the subdivision. b) Right-of-way dedication on Stuart Road. { c) On-sire and off-site drainage improvements including participation in the construction of the Kings Row regienal detention pond. d) Sidewalks along all sb eet frontages inc'uding Stuart Road. e) Possible off-site traffic imp ovements, rWOPERTY HISTORY 1960 - The subject property was annexed and zoned as an Agricultural (A) zoning district by Ordinance 60.40 which amended the zoning ordinance and map for the City of Denton. January 12, 1982 - The subject property was rezoned from an Agricultural (A) zoning district to i Planned Development 39 (PD 39) zoning district and land use classification and a Single-Family 7 (SF-7) zoning district and land use classification by Ordinance 82-08 which amended the zoning ordinance and map for the City of Denton (see Enclosure 11). The subject property Is not platted and would need to be platted prior to any development. PUBLIC NOTICE • Notice of the zoning request was published in the Denton Reoord-Ch onicle on November 1, 1998. Twenty-six (26) property owners were notified of the request on October 16, 1998. As of this writing, there have been four (4) responses (see Enclosur6 8). Three (3) responses aro opposed and the other one (1) is in-favor to the regw s'. All three property owners In opposition to the rezoning live directly south of the subject tract on the east side of Stuart Road. Staff mould like ! to point out that the one (1) property owner, who responded In favor of the request, is one in the • same as the property owner of the sub;ect tract. i O • I No neighborhood meeting was facilitated by city staff. The applicant stc led that his group had heio I 3 a neighborhood meeting prior to submitting an application for the rezoning and felt that was 1 adequate. Z q9 '}R F'r St 1,1 Rrlv,~ t.(1( 15. I ~ 2 Li s , p ~aa r♦w. Staff recommends approval of the ahemative detclled plan for Z-98-042 with conditions. The alternative detailed plan Is consist9nt w;th all of the 1898 Denton Plan policies, including access management practices and local subdivision regulations, unlike the original detailed plan. However, the alternative detailed plan permits smaller lot sizes than a luwed within single-farnRy zoning districts, , For there to be ooiresponding benefits t, the City of Denton that merit deviation from the minimum lot Eize for singledamlly lots as requested by the applicant, steff projoses the following conditions: 1) That a physk;al buffer, I.e. a fence, be erected along the northern boundary of the rear yards of all residential lots that are adjacent to Loop 288. 2) That one (t) canopy and three (3) understory treer. peg one hundred (100) linear feet be installed along the north side of the physical buffer. ~i These conditions are directed at enhancing Loop 288, a major entranceway Into the City of Denton G tnd providing for a sound barrier from between residential properties and an adjacent primary arteriai. i i meve to recommend PF, oval of the alternative detailed plan for Z-98.042 with the conditions a recommended by staff. T li`~~~ /►I4YE~7-3 hS t~: ,1~LIR y ~~qi"'r!. Y1 Xa i'Ry~` a1p k;f'n's' 3 • L. ~•+4"M1 3E_J "f oLZ"' 1' yRJA i f~ JE_ 3 d .-1.1. 1. Recommend approval as submitted. 2. Recommend approval with conditions. 3. Recommend denlal. 4. Postpone consideration, 5. Table item. :r~'s;'kuw. ✓e. 1 .a ~Y .,iY 7 -M Ylc i~ r Iw dr'„rSE~., I rNCLO3uaES 1. Location Map. j 2. Detailed Plan. { 3. Zoning Map. 4. T raffic Impart Analysis (T,I.A.) Letter , 5, Existing Daily Traffic Count Map. 8. Frojocted Daily i raffiu Count Map. 7. 200' Property Owner Notification Map. 8. Property Owner Responses (4). 9. Summary of Zoning Request (Altemative Detailed Plan). 10.Allernalive Detailed Plan. 11. Z-1522 Map. 0 2 98 042 PI Soo Re"l,da lb + i, a y M~/gS V~.. Rum o ENCLOSURE 1 NORTH Z-98.042 (Denton Garden Addition) _ E STUART N ■w _ ti loop zee ~ SITE pit i , r ' . n Q g o a , a, t HERCULES 114-9 ~A+eS.~ 86E80E8 ~+~t0 gl44~d . . j LOCATION MAP r; Y • t Agenda Dote: October 28, 1998 Scale: None 17, 32 x r' { Lit MR 0 I o I~ MH I" yl"Y:I I, f111 1. 1. !YV N IM IMr nM p Nlo,h ,M., M~YIr Ilhrn.l ~r~ I I.,1 V 0 00' 1n0' SM LOOP 268 1220' Fi-O-WI ~~~LY_lel5f_ D.orur , tY 11H IV, Ii1VI N' Mln . 65 65 F4 51 n0 49 45 41 46 /S 44 43 4) 4 1 'x V ~...Te 6 - . 1M•nt• 101) A 1 Go {~R q20 ,19 iB ~1 X16 15 dl4 ❑ 2 Ild 179 7012 f1 f0 19 I{ 17 it 15 14 13 12 rA - - S • 4" w' rr 11~ Lu e. 61 u 7 I U AR-11.1.9 N -I 6i cl 2 to 1 AIR- 1~ f~ ,n 16 t5 101- A 7, I 2 7 / 5 { t ! 9 10 II "I t ) 1 ) • 1 e 9 101 _ s 25 IR `Ir fr _ - _ • _ -rd yr b, te` _ ..1 .S~af_ 1..... y iJ go 27 A? 36 N 31 Sf • $2 11 7p . S 1• 75• N 23 72 h t0 19 P5 24 25 A 2f 29 at 30 3132 33 71 N S.- .•a 1.. 4l 45 IL 1. 1_ 1 _ 2'3 Y _.,.p5 j r I~,r Bi !I 3 l I / e L• 10 u 11 1o A 7l lal m 2 5 4. 51 6. I`. 1711 N 16. 17. iA ; L2 8 20 19 is 16 I5 11 12 n • 41 _ _ _ _ _ Jj s M _ oS On lQi~a r t li I 2 S 1 9 { f e 9110 n L 12 J 11 A n., 11 I{ 19 20 21~ ~I ! 5 ~1 ! 4 I Yt c L B1 1 1 L iI B i Y1~- u Y,I tl♦wr4 tH U. 1 I L 1 1 1 1 ti•.F V+F ~ Yr^_ of LOW 4'.1, 1 . DETAILED PLAN DENTON GARDEN ADDITION c o LE4F.dR Y.Irnll J~i trl,~.pl J p a-~_. _ _ 1^Y4 11 alt Vlei1NM1,ny lllr,nl fC. {WII111M { 11111.10046 04 , 3N•141111 0617 y'~ p CdI tl pt Alln, iPfl Y1„ Q -d Y_ 75 Idlx W+h La•mul p♦,,Y.. hgO111♦ I n. ro OI lu tO 111 114Mt t {rttwa nnw•,f rl narnlafaux 14Sa7 r lx I11.Y.•d.H 1 o..1 M, aiu a•In Il.n WO N~~ lfl tllW todo aOO 111oI MR t1411 r(~- I .Y.•Y. L,. •IIV M:M TL_, 1 1, Ltlr MYn 4n i~1~ I, Mr 14 y 25 32x~Q l ' r ENCLOSURE 3 NORTH Z•98.042 (Denton Garden Addition) i ~ I MART LX ~ ETJ / ETJ • F / - - SF-7 PD 39 / J I A - . r y I SS+ - I _ • R OR PO 39 R PD 90 SITE SF-7 wA r I I • ? .,.rN LL 1 A • I~ a ft 791 PD BO ~a =Ilt I--~ y, HERCULES LN - - ~ ■ E r■.■;t PO 9o I ' ~ ~.b,;.... to t ~ • 1 !L~ ~ I ZONING MAP • i r, Agenda Data: October 28,1998 Seale: None 19. 10 ~~2 10 0 { 20 October 1998 ENCLOSURE 4 Mr. Dave Salmon, P.E. Engineering Administrator City of Denton, Texas 221 N. Elm Street Denton, Texas 76201 Re: TRAFFIC PROJECTIONS Denton Garden Addition Dear Dave: I estimated additional traffic on Stuart Road after all 176 homes are occupied at Denton Garden Addition, 1 applied 10 daily vehicle trips per home and allocated them to each of two new streets intersecting Stuart. If the single entrance land plan is adopted, traffic totals should be slightly lower than my projections. The first exhibit shows 1997 daily vehicle counts for Stuart Road. I applied 50% of the total count in each direction (north & south). I also adjusted traffic on Stuart based on the count at Hercules Lane and the number of existing intersections along each side of the street. Traffic generated by the 176 new homes was assigned to the nearest internal street. The north inte-section serves 115 homes, and the south serves 61. Therefore, 1,150 daily trips use the north intersection and 610 use the south. I assumed equal turning volume at Stuart for exiting and entering traffic, and also distributed movements equally in each direction For example, at the north intersection 288 vehicles (1,150/4) exit by turning right at Stuart, 0 288 exit by turning left, 288 enter by turning rightfrom Stuart and 288 enter by turning left from Stuart. The same distribution was used at the south intersection for 153 movements (610/4) in and out for each direction. The second exhibit shows projected Denton Garden Addition traffic added to the 1997 0 daily traffic counts. q continued - so. M-;7 2 ~i -32>" d r Q 1 20 October 1998 Mr, I>'ave Salmon, P.E.; Denton Garden Addition; page 2 - r, Stuart Road is considered a secondary major arterial. However, I considered it a collector for the purpose of evaluating capacity and used 790 vehicles per hour at L.O.S. 'C'1 To be conservative, I multiplied 790 vph by a 12 hour day to arrive at a daily capacity of ALkag 90480 vehicles. Total daily vehicles with Denton Garden Addition completed will be ? approximately 5,100, which I expect will easily exceed L.O.S. 'C'1 I conclude that Stuart Road, even in the present configuration, has ample capacity for additional traffic from Denton Garden Addition, I hope this information is helpful. Please calf if there is anything you want to discuss. (A copy of the 1997 Traffic Count Map is atta,;aed.) Respectfully, Brian Burke, P.E. xc: Mr. Wayne Reed (City of Denton Planning Department) Mr. Dan Gould, Jr. (WV Development) Y BRIAN BURKE, P.E. 1318 Auburn Drive Denton, Texas 76001 Voice: (940) 3824948 JV' FAX: (940) 484-5687 galbdan@hotnuit.com 21. i i r + l&i t f~ x. i 32` ' 10 • • o nsv~ a Ion too' I NI LOOP IN I 66 ~6!4193 ~61 i64i 1116 7f 56 l1j S4 $1 jl2 ll jlO H~/611f`gi15 i/ 1 i11i 12 41 j I 1 I I I 1 1 1 1 I 1 • - 1 ' ' I I I I J-,,' 1 to ,~-•l. _.l._J.., 1-.d...l-..L.•i••-L.l..J_--l-.J-..L.,L.J ...L.. L,.+.-J...1_.,~,.• I1)6 /c 1_._ ~ ` ~•••i 40 ..i i• 1 1 ~ ' r i ~ ' ~ I 1 I r •10 22 21itDiAill 11'It i'! II q' 17 20 is It 09 111 U Il'12 t i 39 1 . I 1 i 1 1 ; r , . ' i i 71 j ' 1 I I' It1~ ' { i 1 i1 'i6 iT! '71 I I I ! I A ' I ~ I i 1 i ~ i h A" ; I i i 7; 9± 9 r 10 i r• 76 t !"0 i 1 1 I t, 7, s; t r; 6 s In I ~ •(Y 1 2 ~ 11 1 r i I ' ' I 1 .._L..1 ~!b 1 rmyV 1.. i. r...l r "r•-7...r...r..1...r,. r..f....i 1....r..1-.,r-. T...1 i...l.. - I I ~ I ~ I I I •I I I 1 I 1 ~ I 1•...{ 1 I ~ I r~ I I ; 1 I i I 1 1 I ' Ir6 74 751~71 j7)3291170 jt9 to I ~2r 1 t<o2yA(~~77;tt L t0~l9 i27e.i..; i.Ll1 tlj t9~!D l3 ~)tI $7 •LIa1 r N S--- L 0`'' ..1 • • • 1 P., _41... _.1 1 i....l r..•~ . _•.:1...•.. •._-r.. A......r_L... 1 ~P 1 r r 1 I I I 1 1 I I I I I ' i I ~ 1 1 I I ~ ' I I I I I 1 I ` I ra 4q ~ t ) ~ A ~ S 1 1 i 1 li B 1 10, 0 ~ 12 ~ IS ~ 14 It ~ If ~ 16 ~ ~ l2 i 2, j 10 19 16 17 i 16 IS ~ N ~ 11 ~ 12 /r I I 1 I I I I ~ I I 1 1 I 1 i I I I 1 i I I I • N I 1 1 I I I 1 1 I I I I I I 1 1 1 I 1 I 1 1, 8 I...L..1...L.,L..1..-t J...1 _..l I ..J-.. i.-.1.. ._.l...l ...J l_.. . 1.._L ..L._ 1...1 1... L L } w r .~.-~..-r.-_r_."...~-_,.-.I...r y.. I,..r..,-..•...r.- -r y. r... T.,,I ..y.q,. ~ ..'..1 I I I I I I I I I I I I I i~ i 1 1 I I I ~ 1 1 1 I I I ~ 1 1 I ~ I ; 1 1 ~ ; ; I f 1 r ' 112 1 Si6i r~B il~10~111.2 1t~1! Iti l7 ~'a ~11/~20 x'21 i i ' ' ,t 11•t~ i i I I r I r II i I I i t i f 1, t i Sit l 7 ' ' i 1 I I I ' 1 I I I I I 1 1 I I I I ! I 1 ~ j I 1 I 1 '1 ~ ~l I 1 I 1 / `Juno Lone 1 1997 AVERAGE DAILY TRAFFIC COUNT • 41 - on STUART ROAD }/il LF4ENQ DENTON CARDEN ADDITION b I a amp, 0%, 2O11Y~lt ,.,,,6 Low } R,II;t d•nogr Not yr*Ic1e count I'9371 alb«N M~o+ S:r:,w«ai41 b IrL Ol lel.laoo 1911,111 JeU 7Xt b6uN If 25 10 32XIO ; • rte 0 I I ' o w0' too. r M 100r taa 46 tl ,1 at e Projected et 66 65 a/ al •t at so It 5a s/ se $s M5453 s! 7. MO4 T64? TOl81 5,039 n5l se 12-hr. cep. - 9,480 rehicfee tse rr t, 41) 10 t1 b to n .s .a is '4 17 12 to 19 14 17 1a Is N .7 4 A Sf t1 31 ' It ~1 S!'~'e it 1• 71 7/ 17 t S / , • 1 a f 10 , . t 7 . s 1 7 a f 10 sf R 7s v' \ 36 i " is $4 57 12 S. 70 r9 t11 tae - 21 to is N It t1 of 50 1 S! 37 1- VA 1 t 7 , S 6 7 f , .o , It O 11 +1 it 11 .e It to to .9 .a 17 ra .S It q +2 1 t 1 , 3 • / t f .0 t .t U It 'S .a 11 .a M 10 t S 1 s a 1 t f oa PROJECTED DAILY 0 H t TRAFFIC COUNT on Stuarl Road ' Jwo lane _ 1 When D£NTON GARDEN ADDITION DENTON GARDEN ADDITION y i12-hr. le Completed oadf 110114 co~ml Or aq a.UU Ort=p ) Projected TotC 5,090; Or,. 46a00 Cap.-9,480 vehlcie! roal« rr 32 10 aAtw■ O uamu» . ENCLOSURE 7 NORTH Z-98.042 (Denton Garden Addition) ;N MOP 29A SITE s ~ J N • 7 - li ,a r LOCATION MAP 1 I jvl Agenda Date: October 28,108 Bala: None 24. r 25 32X ~~arariw~l i o , ENCLOSURE f3 7 NOTICE OF PUBLIC HEARING I Z-98.042 { The Planning and Zor,,ng Commission of the City of Denton will hold a public hearing on Wednesday, October 28, 1998. to consider rezoning a 34.133 acre site located on the southeast corner of Stuart Road and Loop 288 from Planned Development 39 (PD 39) zoning district for cluster homes and a ' Single-Family 7 (SF-7) zoning district to Planned Development 39 (PD 39) zoning district for single- 1 family detached housing (see map on backside). The property Is legally described as the west 34.133 acres of Tract 26 In the S. McCracken Survey (Abstract 817)), In the City of Denton, Denton County, Texas, The purpose of the zoning change Is to approve a detailed plan for one hundred and seventy- six (178) single-family lots. Existing zoning would allow for a combined total of two hundred and thirty (230) single-family lots. The public hearing will start at 6:30 p,m. In the City Council Chambers of City Hail located at 216 E. McKlriney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would tike to hear how you feet about this zoning change request end Invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohiblis you from attending end participating In the public hearing.) You may fax It to the number located at the bottom, mail It to the address below, or drop It off In-person: i Planning and Development Department 221 N. Elm ST Denton, Texas 78201 Attn: Wayne Reed, Planner I The zoning process includes two public hearings designed to provide opportunities for citizen Involvement and comment. Prior to the public hearings, landowners within two hundred (200) feet o' the subject property are notified of the zoning request by way of this notice. The first public hearing is held before the Planning and Zoning Cwmisslon. The Commission Is Informed of the percent of responses In support and In opposition. Second, the zoning petition Is forwarded to the City Council for final action providing the Commission recommends approval. Should the Commission reoommend denial, the petitioner may then appeal the request to the City Council, if owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit w,',;. opposition, then six out of seven votes of the City Council are required to approve the zcning change. These forms are used to calculate the percentage of landowner opposition. Please circle one: In favor of request Neutral to request Opposed to request Comments: ' , f6 r l+'bA' S , •I SF 7 (9 A/ Tim. ,!.ohs o r- U` lv T U~z'r) % ~,y~, ~J 9 / . Calf Signature: Ck ~'"J l i > r Printed Name: e 1- 7' r~ ~a / ' Vr qp 4 V LS Malling Address: - S- I City, State Zip: _ e,i1 e e4l T 3-d O 0 Telephone Number: P flOT 19 i5 Physical Address of Property within 200 feet: D CITY OF DENTON, TEXAS CITY HALL WEST DENTON, TEAS 7620 Pog 2 PQ-042 200' No&@ dm 25. ,s , AO 32XID c I I Y ~ I I I NOTICE OF PUBLIC HEARING Z-9e-042 i The Planning and Zoning Conlmisslon of the City of Denton will hold a public hearing on Wednesday, October 28, 1998, to consider rezoning a 34,133 acre ails located on the southeast comer of Stuart Road and loop 288 from Planned Development 39 (PD 39) zoning district for duster homes and a Single-Famlly 7 (SF-7) zoning district to Planned Development 39 (PD 39) zoning district for single- family detached housing (ae map on backside). The propely Is 1"eIly deserfbed as the west 34.133 saes of Tract 26 to the S. McCracken Survey (Abstract 817), in the City of Denton, Denton County, Texas. The purpose of the zoning change Is to approve a detailed plan for one hundred and seventy- six (178) single-family lots. Existing zoning would atlow for a combined total of two hundred and thirty (230) single-family lots. The publlc hearing will start at 5:30 p.m. In the City Coundi Chambers of Gly Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property **hln two hundred (200) feet of the subfscf property, the Planning and Zoning Comrhlsslon would like to hear how you feel about fhls zoning change request and lnvNa you to attend the pubtk heering. P as*, WK our Opinion t be taken into socounf tur rn thls form w~lyour counts prior to the ate o the pub a ea ng. Is no way p''hl6if ycZ from maaRon3fn9 ciips rig in the public hearing,) You may fax It to the number bused at the bottom, mail It to the address below, or drop it off in-person: ' //GD Ar I~ Planning and Development DspaAmant S15 W, 221 N. Elm ST (~/1(1H Denton, Texas 76201 - Attn: Wayne Reed. Planner I The zoning process includes two public hearings designed to provide opportunities for dozen Involvement and comment. Prior to the public haanngs, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notice. The first public hearktg Is held before the Plsnning and Zoning CommisVem. The Commission Is Interned of the percent of responses fn support and In opposition. Second, the zoning petition is forwarded to the City Council for final action providing the Commisslon recommends approval. Should the Cortrrnisslon recommend denial, the petitioner may then appeal the request to the City Coundl, If owners of more than twenty (20) percent of the land area wlthln two hundred (200) feet of the site submit written opposidon, then six out of seven votes of tine City Council are requlred to approve the zoning change. These forms are used to cafeulefo the percentage of landowner opposldon, Please circle one: In favor of request Neutral to request =Oppos*dto Comments: Signature' Lo-cT2-2 Fl- Printed Nafric Malling Address: _ ° City, State Zip: d O PLANNING b DEVELOPMENT Telephone Number: p~ • .SZ' - ~5~2 Z- • act Physical Address of Property within 200 feel: e~ WY OF DEN rON, TEXAS My HALL WEST • DENTON, TEXAS 76201 - r10 3418150 • IF) 1140-340,7107 r-ss 042 700 No0w Arc 26. r 1 ~a r ~_1 3 2 X I D 1 1 0 Odobr. 22.1 "1 2.A! flOVy RS OPPOSITION. T« PYen rA Deve eel t 2J I K EEbe ST Deafen. Tom 76701 Ann: W" Rah, Plrnr I Seb)ae: Nodes of Pablk Haring MI-0d2(Dwin Orlon A6ditlon) qty comtnenu. Tte evmle cite of 6.44014. ft kU plruwd Rx ItIl 6mlopment 10 tray (1A) one half die au of my lot. WhkA Moon to me dot Its au of the brined boom will be &Wfthslcl~ (212) two ttirdl tte are of my hone, Titl1 indiabs to me Itq Yt~ re going to /Mud W. 061ham~ Rd. 3921 Yallowetone rkntw. Tl L 76201 Phone; 9 0.%6-2522 r i I r . t 27. MAR MR&ORIARINEILM-%&NMA 0 Wa`xme F F FOII Ilnur4 El C4+". Real tots F}KaS tV. :940 307 2543 Oct. 22 19'10 119:I P1 NOTICE Oi= PUBLIC HEARING ~ Z-98.042 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, October 28, 1999, to consider rezoning a 34.133 acre site located on the southeast comer of Stuart Road and Loop 288 from Planned Development 39 (PD 39) zoning Jistrict for duster homes and a Single-Family 7 (SF-7) zoning district to Planned Development 39 (PD 39) zoning district for single- j family detached housing (see map on tackalde). The property Is tegslF; !escribed as the west 34.133 acres of Trad 26 In the S. McCracken Survey (Abstract 817), In the C ky of Denton, Denton Counly. Tetras. The purpose of the zoning change 13 to approve a detailed plan for one hundred Lmd seventy- six (176) aingle-family lots. P-,dsting zoning would allow for a combined total of two hundred and thirty (230, single-family lots. The plrblic hearing will start at 5:30 p.m. M the City Council Chambers of City Hall located at 215 E, Mcl Kinney Street. Denton, Texas. Secouse you own property within two hundred (200) foal of the subject property, the Planning and Zoning Commission would tike to hsar how you feet about this iordng-change request and invffes you to attend the public hearMg. Please, In order for yoOr"opinion to be taken into account, return this form with your comments prior to the dale of the public hearing. (This in no way pruhlbifs you from attending and partielparing In the public hearing.) You may fax It to the number locatod at the bottom, mail it to the address below, or drop It off In-person: Planning and Development Department 221 H. Elm 8T Dernton,Texas 78201 Attn: Wayne Reed, Planner I The zoning process Includes two public hearings designed to provide opportunities for citizen Involvement aM comrnent. Prior to the public hearings, tandoxners within two hundred (200) feat of the subject property are notified of the zoning request by way of this notice. The first public hearing is hold before the Planning and ZonliQ Commisslon. The Commission Is Informed of the percent of rc sponges in support and In opposition. Second, the zoning petition Is forwarded to the City Council for floal actor, providing the Commission recommends appro:ral. Should the Commission tecommand denial. the petitioner may then appeal the request to the City Council. if owners of more than twenty (20) pe%tent of the land area within two hundred (200) feet of the site submit written op illon. than six out of seven votes of the City Coundt are required to approve the zoning change, Th • /o►ma an used to calculate the percenfoge of fandownv oppostdon. { Please circle oue: f In favor of request Neutral to request Opposed to request T Commanlr 1 Signature' y~ D Printed Name: ocT. 2 Mailing Addro • city, Stale Zip: Telephone Number. PLANNING 6 DEVELOPMENT tD • Physical Address of Property within 200 feet: CITY Of DENTON, TEXAS CCTV R41-WEST • DEtttONJUA9 70201 - aa.sta.ssw • 1FI114354e.77o7 z i~.az 1mr+~fr. e+r 28. n 32 X [J r , I i I NOTICE OF PUBLIC HEARING Z-98.042 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, October 28, 1998, to consider rezoning a 34.133 acre site located on the soidheast comer of Stuart Road and Loop 288 from Planned Development 39 (PD 'C) zoning district fur duster homes and a Single-Family 7 (SF-7) zoning district to Planned Development 39 (PD 39) zoning district for single- famlly detached housing (see map on backside). The property Is legally described as the crest 34.133 acres of Tract 26 In the S. McCracken Survey (Abstract 817), In the City of Denton, Denton County, Texas. The purpose of the zoning change Is to approve i detailed plan for one hundred and seventy- six (176) single-family lots. Existing zoning would allow fur a combined total of two hundred and thirty (230) singto-family lots. The public hearing will start at 6:30 p.m. In the City Council Chambers of City hall located at 216 E. McKinney Street, Denton, Texas, Because you own property within two hundred (200) feet of the slsNect property, the Planning and Zoning Commission would like to hear how you feel about this toning change request t,)d Invites you to attend tho public nearing. Please, in order for your opinion to be taken Into account, return this form with your comments prior to the date of the public hearing. (This In no way prohibits you from attending and participating In the puDlfc hearing.) You may fax It to the number located at the bottom, mail it to the address below, or drop It off In-person: Planning and Development Department 221 N. Elm ST Denton,Texas 76201 Attn: Wayne Read, Planner I The zoning process Includes two public hearings designed to provide opportunities for Citizen Irvolvement and comment. Prior to the public hearings, landowners within two hundred (200) feet of lice subject property are notified of the zoning request by way of this notice. The first public hearing is held before the Planning and Zoning Commission. The Commission Is Informed of the percent of response3 In support and In opposition. Second, the zoning petition Is forwarded to the City Council for final action providing the Commisslon recommends approval. Should the Commission recommend denial, the petitioner may then appeal the request to the City Council. If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change. Those forms en used to calculate the percentage of landowner opposition. Please circle one: In favor of reques Neutral to request Opposed to request Common s: GAt4T- lotq ECON1C O- E Signature: OCT. Printed Name: - Mailing Address: '21V11C r, &;"c City, State Zip: _ d- S 33~ CANNING b DEVELOPMENT fi J Telephone Number yb Q= Physical Address of Property within 200 feet: ♦ L "r CITY OF OENTON, TEXAS Carr HALL WEST DENTON, TEXAS 70201 , 040,3491M (F) 940.3A9A70T t IPOV2200'Noon doc 29. ' 25 KI❑ 32xl❑ • o . X01" ENCLOSURE 9 SUMMARY OFION1N.G RE l40 3T;* 9C1 ERNAT{VF,DETl41L~b,,"PLAN The applicant has requested the rezoning of 34.133 acres to a Planned Development zoning district, using a detailed plan to develop a subdivision for which the configuration is already known (see { Enclosure 10). The Intent Is to develop a single-family subdivision that provides for a range of lot sizes from 5,500 square feet to above 8,000 sc,uare feet (see Chart 1 and Table 1). In total, the proposed alternative detailed plan provides for one Chart 1. Proposed Lot Sizes hundred and seventy-three (173) lots. ThA majority of these lots (133 or 77%) EO _ are less than seven thousand (7,000) - square feet, while 40 lots or 23% exceed 70 this square footage. S 60 S 50 4 UbTe 1. Denton Oarden Addition 43 40 r a Lot Size Lots Percentage E 30 - (Sq. Ft,) z 20 5,500 - 6 000 43 25% 10 6,001 -8,500 73 42% 0 r 6,601 - 7 ,OW 17 109` 5.500. 8,001 • 8,501 • 7,001 • 0,001 4 7,001 - 8,000 24 1496 6,000 6,500 7,000 8,000 8,001+ 16 996 LotSlte (Square Feet) Total 173 100,096 As Chart 1 demonstrates, the single. Chart 2. Zoning Comparison largest concentration of lots is found In l I - the 6,001 to 8,500 square foot lot size +6o category. It contains seventy-three (73) it 160 15e _ lots or 42% of all lots. The proposed mix 140 _ tai of lots produces an overall density of IN 5.07 tots per acre. ' 0 *0 o &kunp 2anhq eo T4 f r Existing zoning allows for a more dense t Pro lot per acre ratio. Specifically, the 15,56 60 acres zoned PD 39 allows a maximum 40 density of ten (10) lots per acre, 20 translating into a maximum of one ° hundred and fifty-six (156) single-family • j ouster Less Than SF.i 7,009 • rwxnaa 7,000 attached homes (see Chart 2 and Enclosure 3). The remaining 18.57 acres - are zoned Single-Family 7 (SF-7) and would add approximately four (4) lots per acre, equating to seventy-four (74) lots. This translates into somewhere around two hundred and thirty (230) single-family homes or 6.74 lots per acre, So, oven though the proposed zoning would contain one hundred and thirty-three (133) single-family detached • homes on lots with less than seven thousand (7,000) square feet, existing zoning could produce fifty O • h• seven (57) more lots. On balance, the proposed rezoning offers a form of development that Is closer std to straight zoning regulations than does existing zoning, 7 es Oat Fz si,7 aM*.N+ dx 30, 32Y1❑ " e 0 1 F. . a rn.Y e-11. - ~ r~.F aMo due 0 100 700 G4 wor tea 1220' Al Y~CINI7Y NAB ) II YII) "14+1. 1 _ Ja _ _ _ _ •Ih l♦ 6r 1 G_6 65 61 67 62 61 6D !9 56 57 56 N 5MSISO 46 •y 15 @ 10 _ 11 y err w 6 la_ \ r0p~ ! 3 Ij a {I T O 2t T }U 19 Ie 'r K 17 11 q 1 t0 19 in 17 alb 61 15 It 17 2 D 79 eh Cu _At 38 is .rs 1t lr ~C n t _ 1 i s/ s 6 r e 9 l0 11 61 t 7 1 IS 6} e 9 ID ap' \ ~7B of tl~ l W W, or no two W y4\ Bloch ~1 b i. IJv HAW Iwl M1~ Inn ~ ~ ~ 35 Q l.! rB 1 r 16 25 t. - - r _1 ♦_1 i /7o T9 2e 27 71 }0 19 16 16 ` 71 + p n, ~iy w - tr S` tf f1 H 76 It 7e 79 70 71 St p Ile i i.--~ " 5 t ,1 Ioc D 10 0 1i ,L L 1_, 11 79 L / I 9 '0 1X It U 111 IS 10 19 ~ 1" 't1 y 1 7 ! - `i ! 1. . J } ft 2 ILK . r rods on " 6 r e 9 1~ a rt 11 II H 16 1I 'e 19 ;0 2 7t ts~ 11 t 7 ! 6 i Yt / •IYMW• Ir114 ell A.' DETAILED PLAN W DENTON GARDEN ADDITION r.n O MIM aM1.a 1 LEWD //.mlf mend m Ow i•.rl b r _V11 ! Mcd H++1• /w•11 /111 ttd 19'.•Ma VIMIr VI Me" lw'.Ip Idl p yngr, Idrll ' i 1 I tw ID -"'4- to 0 l." W"-' Mire, 0, r Ib WHr MI 14 1011f 14 MrF D•.1 r r n.F•al Drtea M.4e, hr.+tAM D•.ur. b.a Va m( rM. D43141 °teM MID, Uq +A7T Ir bro Mn N Mr N tr Yr"~ (r 4HF YrF M " y a 10 32x1n. I Mm a 0 0 I - S F 7 1 _~Syr I Sf 7 GI II U14 i I f t Ort~,l` IOZlr I,~ ff IIM//a yQ , • . ' ~ .9.F r IfM4 I J I 1 I° wl IIaiN SF •7 • ;j; ~ 1 Itl I Milo sad 4 Jt, MI LWLIO-MIf U4 ~ ~L/ ,;:::,r TOTAL ACAR"T.169 Zia •11.1111 n1u1M Yh 11,J-1n1•.M IUUMUI NII 11 • 50 +P: 1 1..,141• I, TOTAL Aoeet-eo.otta~ rUR.N a Iq "vto !.t4i u, ui 1 ~ /floes/us"usc rva l'?OVAL ACAR".041 xue corm TOTAL ACAl".811 HILLHAVEN ADDITION , MIIIa.N1 A11 •IIM. ,]II J Nllul, Nh/M tMh, II 14+ 1•«r. w I« •«f ; lY1 hi I N<S 3,w 32x~❑ e 0 Planning and Zoning Commission Minutes ATTACHMENT 4 October 28, 1998 Page 10 of 21 something blocking the entry to that subdivision versus the probability of reuuced safety and reduced traft flow with two entry streets Is much different, and I believe that we should go with the plan with one entry. They also have the opportunity not only to do something in terms of emergency access, they could also move the stub out much closer to Juno and possibly, it appeared to me, wen link k up very quickly. There's not very much distance. I thins there are a lot of options here. Any other discussion on the motion? All In favor of the motion, please raise your righthand Motion carried unanimously. (5-0) b. Hold a public hearing and consider making a recommendation to the City Council eoncernlng a request to rezone a 34.133•scre tract Presently classified as Planned Development 39 (PD-39) zoning district (for cluster homes) and Single-Family 7 to i6F•7) zoning district to a now Planned Development byway of ads is Iled plan, sitowing for detached eingle4amily homes, Tha property Is legally described as the west 34.133 acres of Tract 26 in the S, McCracken Survey (Abstract 117). The proposal Is to approve a detailed plan to, one hundred seventy-six (176) Single-family lots. Existing zoning would allow for a combined 1sta1 of two hundred thirty (230) Single-family lob. (Z-/6-042, Denton Garden Addition, Wayne Read) Cammiriioner Engelbrecht: Commissioners, we're at a point we can break. Would you t'ke to lake 10 minutes now? I believe Mr. Powell's going to leave in-what-15 minutes? We could move ahead with this one and then brer k at the end of this one ityou'd like? Ms. Gourdie: let's continue until Mr. Powell has to leave. Would that be okay? Commissioner Engelbrecht We'll go ahead and take B D , and than we'll plan to take a break after that. a,b this evening Is to hold a public hearing and consider making a recommendation to the City Council concerning a request to rezone a 34.133-sue tract presently classified as Planned Development 39 zoning district for Glstar homes Ord Simple-Family 7 zoning district to a Planned Development by way of a detailed plan, allowing for detached single- family homes, The property Is legally described as the west 34.133 acres of Tract 28 in its S, McCracken Survey, Abstract 817. The proposal Is to approve a detailed plan for aria hundred seventy-six (176) single-family lots, Existing zoning would allow for a combined total of 230 single-family lots. Mr. Reed Is going to give us the staff report, I believe. Go ahead, sir. Mr Wayne Reed presented the staff report. Mr Rand. Thank you, Chair. Before I begin my presenat'ron. I would like to hand the Commissioners a fee additional peces of paper Two-I've received two notices or, excuse me, responses from property owners sine the staff report was delivered I also have a letter from the applicant or a representative for the applicant that demonstrates the nc'ghborhood meelinj that was held, and It was held In August Lost, I have a slightly shared Enclosure 9 The existing conditions of this property.... Commissioner Engelbrecht . Could you hold on Just a moment? Mr. Reed Yes Commissioner Engelbrecht let's pass these out before we-I think we might. okay, Commissioners, you ready for the stall report? Okay. Mr. Reed, please. Mr. Reed Thank you The existing conditions of this property ore such that 4 Is undeveloped mind is surrounded to the-and Is adjacent to some single-faintly neighborhoods located to the %set of the property as well as to the south. The property is split by two zoning districts, On 15,58 acres, more or less the north part of this property, i that Is the Planned Develop-39 Ores for cluster homes, and the southern hall, or the remaining 181A acres, Is the Single Family.? zoning Of course, Sa it was sad, this Is for a Single-family subdivision; and given the v"ince public hearing that has preceded this one, Staffs comments will address the ahernative detailed plan and not really • look at the original, because staff also supports the ahernatlve delalsd plan. So, the proposal is for 113 single- family homes with lot sizes ranging from S.W(ilo 8,1 Mr. Rshel: Excuse me for Interrupting. With the ahernele gran, is that now 170 Domes or atitl 113? Mr Reed. One hundred seventy three. The original detailed plan was 116 I 33. e , o , a»~ Planning and Zoning Commission Minutes October 28, 1996 Page it o1211 ' Mr. Rishel, I'm sorry. Thank you. Mr. Reed, As the detailed plan on the document camera demonstrates, this Is the detalled pion with one sooess onto Stuart. This particular detailed plan is consistent with the goals and policies of the 1988 Denton Development Plan and with all of the policies of the 1998 Denton Plan. This is the one ,cote I'll make of the original detailed plan-11 was Inconsistent In two regards to the Donlon Plan policies: one being the access management practices which Involve the street Intersections; the seeond subdivision, or excuse me, and the subd iWon regulations which also address the Sliest Intersections. However, this one is consistent on both of those porkies A neighborhood meeting was held by the applicant without stalls participation on August 13th at Oinnings Elementary School. Special Information pertaining to this property Is that the trip intensity generated from the 173 lots Is below the allowed trips for this property. It is located M a low Intensity area. For 34.153 axes, it is allowed at 60 trips per acre, 2, 048 trips. Wth 10 trips per single-family home on average, the 173 detached homes volt create about 1,730 trips, That's on page 1 of staffs report In table 2. So, that's about 319 trips below its allowed intensity. Access has already been covered. The open space-this particular development Is subject to the park land dedication ordinance. Because 1M dedication would be less than 8 axes, which tk.d Parke and Raw Department 1 requires for an actual park size, the developer will contribute to the park fund by, instead of dedicating the 11 acres, providing fees in heu of that, For park development feel, this porticuse detaitsd plan with their 473 lots wM ' provide just over $50,000 for it,e development of nearby parks. Public notice was provided by newspaper as well as staffs mail out. The map here demonstrates the 200-foot notice. I have highlighted the six property owners that 11 have responded, Included the two that I gave you the copies of tonight Five of the property owners are In oppositon All of those properties are located to the south of the subject site and to the east side of Stuart I've highlighted those In orange. The one property owner in supper of INS Is located to the east, and I've highlighted 4.+t one in purple, The detailed plan-siso I've highlighted the same five properties that do oppose this to there wuld be s reference. I provided In staffs report an analysis of what's there now and what Is the proposal. Looking at what they're proposing, the range of lots ctesrly-the majority of " lots are In the 8,000• to 800-square-fool category. Actually, this contains 73 or 42% of all the lots. Of ah the lots, 71% are less than 7,000 square feet. The remaining 23%, or 40 lots represented In the far two right columns, era in excess of 7,000 square feel. In comparison to whet Is slowed by the present zoning. INS chart demonetratee the number of possible lots that could be generated within the PD-39 area for 15 acres and the 18'6 acres zoned SF•7. This demonstrates In the Brat and third colt-mns that 158 cluster homes, attached single-family homes, could be located on the 15 acres. Seventy four single-family homes on 7,000-tquaredoot lots could be located on thi remaining 18. In compsrlson, I compared realty the cluster homes with the lots of less than 1,000 feet. Its not really apples to apples, but it's a comparison nonetheless. You have fewer of these small lots than you do the cluster homes. Also, you would have fewer lots over 7,000 Square feet than the fxtating zoning would allow. However, over all, the proposed development Is less dense than existing zoning 1wuid be developed as. In crxnparison, that's the proposed zoning that would allow 5.07 lots per acre, existing zoning, 8.74. The difference between the two, existing zoning could generate somewhere around 230 compared to the 173 for a difference of 57 fewer lots. On balance, the proposed zoning offers a form of development that's closer to straight zoning regulations than the existing zoning. I will be happy to answer any questions that you have Commissioner Engelbrecht: Commissioners? Mr. Powell? Mr. Poweik I'm going to have to leave. Mr. Powell left the meeting Commissioner Engelbrecht. Okay. Yes, I have some questions regarding the lot s1je on the property to the south. Mr. Reed Yee Commissioner Engelbrechl: What are those-fiat off, let me ask you what Is that prcperty zoned? Mr. Reed. At present, If we drew a Me on the detailed plan where the existing 0 Commissioner Engelbrechl, No, I'm taking about those off of the-not this alga, but the site edyaoent to it. Yes. Mr. Reed. These are SF-10, 34. 25'K ❑ 32X o AX K" Planning and Zoning Commission minutes 0clober 26,1998 Page 12 of 21 Commissioner Engelbrachl: Okay. That Is zoned SF-107 Mr, Reed Yes. Commissioner Engelbrechl. Okay, Mr. Reed, The property here is in a planned development for single-family, and the lot sizes era substantially larger than 7,000,1 believe also, The existing lots are larger than 7,000 I dolt know the details of She PD. g p you give me some indkcatian--I know there's a varying, vaneb of lot Commissioner En etbrecht: Alri ht. Can slzes, What is the smallest lot size in this Subdivislon? Mr. Reed, Fie thousand rWo hundred, Commissioner Engelbrecht: Okay. And the largest? Mr. Reed: Over 6,000. 1 do have that Information I can puA R off of the.... Commissioner Engelbrecht: Right. But R's over8,000, Mr. Read. Yes, 1 Commissioner Engelbrechl. Do you happen to know what is located on that "hem string of proposed lots? Mr, Reed. As far as lot size? i Commissioner Engelbrechl Right. Mr, Reed, Beginning with W 6 ell the way over to lot 20 or 22 of Block E demonstrated here, or shown here, Ihose are opproximalely 6,500-square-fool iota. Is that what we calcutoled before? Mr. Donaldson: I think they're a little bigger. They'd be 5,900 square feet. They're 50 x 116. Commissioner Engelbrechl: Okay. Si. those are about 6,900? Mr, Reed. Yes Commissioner Engelbrechl, And where seethe ?-end 6,000-Square-fool lots In this particular layout? Mr. Reed. They're scattered throughout. You hove larger lots, of course, at the wi-daaa Aso, the blocks up here have larger lots. The depth Is deeper for those lots than the lots that we See hers or in the blocks In the middle here i Commissioner Engelbrechl, You got that eddlienal lot size, not by width, but by depth-either that or because of the cul-de~ssc, S Mr, Reed. Correct. Commissioner Engelbrechl. Okay Any other questions lot atsff? Thank you. Is the petitioner or petitioner's representative present? If you would, please give us your name and address again lot the record. f Mr. Burke My name Is Orion Burke. My address Is 1318 Auburn Drive in Denton. Mr, Reert's done a very good Job tonight end In helping us so for, Ai you were 11scussing, these are 5,100 square feet on this plan. They were a little bit larger on that other plan with Iwo entrances, but there are 17 We hen of 6,900 square feet proposed, end . widths are patty consistent, Thai vary a little bit, but generaly the area are whet you discussed-around cul-de- sacs and up here on these blocky, they're a little bit odd-shaped because of the curvature of the loop. Trion arm O the larger lots In general, We'ra ronsolldeting two zoning districts as you're awere--clutter home end an I and trying to be consistent throughout the property that's been purchased with these, more w less, you know, 6,000 square foot fo 6,500 square foot r,n everoge. We an develop Phase I tether easy. Eafsting storm draln, water and sewer and skewslk ere located along Stuart Road, Phase 11 wiq requlro edma al Irm"vements for 35. 32 x r O now" Planning and Zoning Commission Minutes October 26, 1996 Page 13 of 21 drainage, both sewer drainage and storm drain. There are no particularly large challenges from a development standpoint, at bast as for as public Improvements go. We held a neighborhood meeting, and 1 have assn some of the responses from that neighborhood meeting, When I left the meeting. I thought the main concerns were with regard to storm drainage on to these existing houses, whl;;, we will be Intercepting with streets and let grading and directing Into underground storm pipes, Sul I think v,me of the folks are here with regard to the proposal, and I'll be happy to answer any questiona you may have, or try to. Commissioner EngelbrechL Ms. Gourdie. Ms, Gourdie: Mr. Burke, obviously you road the opposition and these people arm concemed about the values of their homes adJoining-odjacent to 6,900•squars-fool bb approximately, Us say, Do you have any--b then any way we an bring those specific homes, those lols up more? Maybe we an-maybe this is the opportunity we're looking for to adjust the streets, to make It happen 0 we can make those lots larger to help theta peopts feel comfortable with lhelr new neighbors. Make them larger than the 5: bring them up to maybe SF-6, 10 at the most, I mean just to help these people Te6-1 realize that cuts Inlo your profits. I realize it cuts down on-there's a let of opportunity there; but to me, there's got to be some Ill of compromise to help theme people feel comfortable In thelr neighborhood still and to welcome their neighbors. Is there any way, In that one little section, vn an It a way, when you go Into readjusl and hopefully make things work favorably, to make (home lots Is rger for these folks. Mr. Burke: Well, I an-the plan an be changed I mean I could change the plan. As to being able to lob you that, I can't propose that to you The owner is hero and I an talk to him about M.,, Ms, Gourdie: Okay Mr, Burke: ,abut t know he has expressed to me concern In no uncertain terms that, We really, really a tight deal, Ms. Gourdie, Right end I understand that completely To me 6's-4 understand the finsnclal asaects of 6, I understand the whale lilt and caboodle, but I also understand poor neighbors and poor attitudes and the animosity of being up against a subdvlslon where your home's on an SF-10 and cab of a sudden yo"o got an Sf•5 up next to you, It creates a lot of problems and I-tome, that's a tocrifee in my mind worth making to help offset the possible problems In the future towards people coming out speaking more against.,. Mr, SuAa: Right Ms. Gourdie ...Smaller let zoning things like that. There are so many thingo that down the road, that M we don't compromise now, future developers are going to have a harder loose. They're going lam more problems because people are going to start fighting fur the lands. And to me, It's just a compromise that needs to be asked, and I'm just asking you as a Pismning end Zoning Commissioner to Welder when you go in and offer we vote, however, to make those adjustments-just take the view point that there's an opportunity to make this happen.., Mr. Burke. Right -All Ms Gourdie, ...In favor of everybody. ' Mr. Burke. Well, I see your point, and there was one other concern expressed by the homeowners, end that was how close buildings would be to the common bock lot Nine And we went with the standard setback In the back, so I i think we complied there. I understand what you're describing, and I'm just going to have to speak to" owner about n. If.... Ms. Gourdie, Right. I understand that, and that's the only way we an get things soeompfshed Is N we talk about it, and I apprectale your kslening-like I sold earper-appreciale your hearing Oat we're saying and going forward j as a positive.... Mr. Burke: Think you. 0 i, Commissioner Engethrecht Me there other questions for Mr. Burke? I would just Oka to ask you, If those an s about 6,000 square feet and there are 10, let's toy, 10 lots that back up. That's some 60,000 square feel and If ' you lake that 10 and make it 9, does that give us 7,000 square fool lots? I 36. f WA- 10 it rR~`'y 2r ~ M` 3 0 I Planning and Zoning Commission Minutes October 2d, 108 Page 14 of 21 Mr. Burke: Close. I don't, t think Ii a little short, but K's close. Commissioner Engeibrecht It's pretty close? And that was toned SF-7, was It rot? . Mr. Burke: That's correct. Commissioner Engelbrecht And that-so thou people bought Vase homes, those Me, wllh a 7 already In place. They didn't buy unknowing. They didn't know that ft might not-That tt's a possibility It could change; but when they bought, It was?, Correct? Mr. Burks, I think thst's the timing. I think this was toned before this was developed. Commissioner Engelbfecht: Right. And ft's pretty common in this town to back up To and 10s, Isn't k? Mr, Burke: Well. f think M is Co mnisWer Eogalbrechl: Yes. We kind of, sort of stop down back-to-back, IF we an. I'm In a 10, and I've got a ?behind me I'm familiar with that. Mr. Burke: That's a good example Commissioner Engolbrecht: I know there's quite a few of those around, and I know, at least used to, we tried to have them back-to-back as opposed to front-to-front. That way, you know, It wee Just the back yard, end you'd grade down that way a kttle bR. At best, that's my reoollectlon of how we tried to kind of do it historically In town. Would that be similar to your recollecDon? Mr. Burke. Well, thanks for pointing that out. I an se"'ve seen that dons. Yee, air. Commlssioner Engelbrechl: Okay. Thank you. Appreciale that Any other queallons for Mr. Burka? Mr. Moreno: I'm not sure whether my question Is for Mr. Burke a for staff, but I think I've asked this before In the past, but what Is a'cluster home'? Mr. Burke: Well, that's a real good question. it a rah really defined in that old toning ordinance, at bast not that I could glean, but Its not quite a low density, multi.-1 guess M Is a low density, multi-family-maybe fourpiexu, something like that, It could be-are you familiar with the Visa of Piney Croak... Mr Moreno: Yes Mr. Burke: ..,behind the bank-Sam Jacinto? Mr. Moreno, Yes Mr. Burke 1 think maybe that could be, Mr. Moreno: That's maybe a taro lot Ine. Mr Burke: I think ft might be that sort of animal, Mr. Moreno, i Mr. Moreno 1 see. Mr. Burke: But we didn't get Into that. We're rat toady for that projed. Mr. Moreno: It's more houses i Mr. Burke: It's more--more driveways, more people. NhI f~ • Mr. Donaldson: Typically, the term Is usvJ now to deoole a kind of a detnlty-nevlal type development that simply sets tilde open space and allows the same number of unite to be clustered closer together at er;,osed to epreading them out over an entire property. I don't know that-I don't think k was used in that reference here. 37. !hw- 32 X 10 a Ii4AfrM ' O Planning and Zoning Commission Minutes October 28, 5998 Page IS of 21 Mr. Burke: I think that's correct. It just said 10 units per acre for the whole thing, Mr, Moreno, Okay. 11hankyou, Mr. Burke. Yes, Thank you. Commissioner Engetbrecht: Any other questions for Mr. Burke? Thank you, air, Is there anyone present who would like to speak in favor of this petiton? Anyone present who would like to speak in favor of the petitbn4 In that case, is there anyone present who would like to speak In opposition to the petition? Yes, air. If you would, please give us your name and address for the record Mr. Brown: My name Is Date Brown and 1 live at 821 Juno Lane. This lot e8 here-excuse me, lot 05-1 say lot 05-thls street-I live prkx to the dead-end end the dead-end would be,. I guece, right here. So. I am lot 08. 1 am opposed based on the site of the lots. I agree when you move Into a neighborhood next to vacant land, you an have anything come in. You need to be prepared for that, but I would like to see these lots Increased In size to closer resemblance to our 10,1100-square-foot, I'm shad of loss of property value. Thank you. Ms, Gourdie, Mr. Brown, being ihai you're one of the persons that would be backing up to this development, do you feel an SF-7 is a compromise? Mr. Brown Of course, we'd like to see them larger, but 1-that's a possibility. 1 Ms. Gourdle. Okay. Thank you Mr. Brown. I'd like to see them 8 Ms. 1i You'd like-on Si would be-would make you happy 1 Mr. Brown. Yes Ms Gourdie: If you had Si behind you, you'd say, air... Mr Brown I could probably live with that, I I Ms Gourdie. I remove my opposition, Is that what you Commissioner Engelbrecht. Were you aware that that was toned Sli when you purchased that lot? Mr. Brown I was not, but l dldn'I Inquire ether, to Commissioner Enge'brechl. Okay, Ms lou d's. Thank you. t Cofnmiswb ier Fngelbrecht, Yes, sic Mr. Mills My name's Robert Mills, and we live on 805 Juno, which Is the first yellow one, I presume, there. This 02 M on Juno-we were aware that this was SFT at the time, or I inquired of the bultder, and he said he thought that was SF-7 which I realty didn't have any objection to M, but 'm like Mr, Gown I would really prefer that the IOU Imm.-d alely behind our property be Increased instead of deceased; but since there's no proposal to do that. I certainly encourage the Commission to keep those lots all the way immediately behind Juno here at the existing Sli at least. M not Increase them-simply because the Smaller the W. 0 you have a 5,000 foot sot and You put a two-story house on k, it's got to be like a soft box, and I think that diminishes )my property that adjoins It. The 200 feel that I kind of object to of being able to Inquire about this doesnT go for enough to do anything. With 200 feel o ily goes to the mlddte of the houses across the street from my house. So, you didn't get much opposition 0 because k didn'I Include enough people. The reason I say that, I bled to get somsthing rezoned years ego. I had people come from a mile away protesting It. and ft got turned down, so we're doing the best we an with jute a few yr5 people that's here that's objecting to this, and we certainly encourage you to stick by your guns. I know that the men that owns this property wants to get every nickel he an out of h, but we want It keep our properties at close to the value as we can, too. 38, Fit I } r Y Fry'' d,1 Stan" o r , Planning and Zoning Commission Minutes October 28, 1998 Page 16 of 21 Commissioner Engelbrecht: Questions for ..1 would like to make the comment. I haven't asked staff yet, but I wanted to ask them what are pretty standard practices for developers around here with regard to notifying the public or their neighborhood meeting. I've not really In my eight years up here seen too many 200 feet, Usualty they go a little beyond that, and t don't know what happened In this case, but generally, we lend to kind of go to the neighborhoods that are around in the area. That appears to me what most developers do. Trils might have just been a Mortfall In their case, in this particular instance, but usualy, you know, they go out to the neighbors that are around the way, but that's been noted, as feast by me. Thank you, air. An yone else who would like to speak In opposition to this petition? Anyone also who would like to speak in opposition to the petition? In that case, the petitiombr has five minutes for rebuttal, or a representative. Do you care to make any comment? If you would, please give us your name and business address far the record, Mr. Gould Commissioner and members of the panel, my name is Dan Gould, Jr- I'm a developer from Arlington, Texas, I em the Instigator of this plan and was there In the embryonic; stages when we Sulked to the adjacent homeowners. We had-let me say first that we have thoroughly enjoyed working with your staff and with city government as a whole. They've been most courteous, and we really are endeavoring to be what I would ay are good nelghi However, we have to work within the constraints of economics, and this Is a gateway-type place of property w1 en people are entering your city from 288, which has not been develop 4 In the post. And we are trying to gel a dtoolopment here that will gave the money for the brick fencing and the things that need to be done to make .1 aesthetically possible tiff pleasing, We have atso purchased another 63 acres 1"91'8 on further down, and we're onempling to develop that. You know, I don't like the terma'drowing lines In the sand,' but I don't want to put anybody to any b ruble or any hopes, and I don't believe the difference of 1,100 feet makes a lot of difference es far as a homeowner or a neighbor should, I din 't believe neighborhoods, In my own opinion, should not be called by the size of the lot. I think backing up to somebody with a normal depth lot, actually ours are and vAh fencing across the back will allevlale any neighborhood problems that might exist. I will any smphatically that we have been stretched to the limit economically on this development, Lst I do appreciate each of your time and your contribution to this community. It you have any questions, I'd be glad to try to answer them Commissloner Eflgcrbrecid: Any questions of Mr, Gould? I think not. Thank you, sir. Mr. Gould. Thank you Commissioner EngelbrschL The public hearing is closed, Mr Reed, any final staff.., Mr Reed I'll simply restate staff's recommbndation at provided In the repxt, Staff does recommend approval of the request and the approval or the detailed plan with two conditions. The 9.1t-that a phyelca buffer, I e. a lance, be erected along the northern boundary of the rear yards of so residential rou hst are adjacent to loop 288. And second-that ore campy tree and three underslory trees per 100 linear reel be In+lalled along the north tilde of that physical buffer. The se conditions are d',ected at enhancing the Loop 288 entranceway Into the city and providing for a sound barrkr It etween the resldenual properties and the adjacent primary arterial Commissioner Engelbrecht Ms. Gourdia. ! Ms Gourd a I'm curious Cloy-let`s just say these lots are SF-not SF, let's just gay that-make them at 6,900 feet is Mal we're doing Can you name of any r tier p!oxs we've done this in the city where we've made such a huge leap? Well, I know, I'm not saying, ~,e've made huge leaps, I know from 16,000 down to 7,000. I'm wondering Is this like selling a precedent ,vhere we're actua'ly-because usually everywhere, since I've been on here, we've done 10,000 dawn to 7,000, t ut we've never jumped from 1l down to 5,000 or 6,000, or whatever. We'vu always been very incremental about how we're doing M And I respect what he had to soy about that but here in Donlon we do things where It Is In perspective, Things gradually do become different, and we do moderate how we do our toning So I'm just wondurimg-I'm trying to envision what thlr, is going to look like, and tome, that's a big difference there, and I'm just wo idc,ing-can you give me a visual as Io any piece else that this ha • happened? ~ O A Mr Donaldson, Yes Ms Gourdit Thank you, Nark. Mr. Donaldson. In the Soulhridge area at Ellison Park h an approved PO with 8,000-square-foot bb adjacent to. I 39, l x,~. 1., Io 32 XIto 1 A rvrwua+ 0 ^ } rwaeirsr Planning and Zoning Commission Minutes October 26, t as Page 17 of 21 betleve, SF-10, maybe even bigger. We're finding that in many uses the smaller the lol, the bigger the home the people are putting on them, and there seems to be evidence that there's no relationship beNroen small homes at Was values and small lots. ' Ms, Oourdie: You're talking ab;'i the-I can't thlak of the name--but it's the subdIvieW.... Mr. Donskfson Ellison Park Is just south of Teasley,.,, Me. "irdie: I know where Ellison Park Is-right; but right behind there's Hunters Ridge lit the one comer. There's going to be a church-that's the Morrison church-b the next comer; and back behind them, Is that the subdivision you're talking about as BF. 10? Mr. Doneldsom. Hunters "*Is SF-16. Ms. Oourd* Okay, And then difedly, behind them, is that what you're saying Is SF-109 k Ms. Donaldson: Yes; it's at least SF-10, maybe even bigger. Ms. Gourd* I would question that, but okay. I Just-to me, this ice-- I think we're,-I'm j !st having a real hard time visualising this, Thank you. Mr. Read If I could add-4 the Comn•hsiorar recalls this Preserve bark In September, that was a-you recommene approval for the amending cr the concept plan and also the approval of o new detaied plan, Wlthln that oonocpt and bated within the area defined by the detailed plan there are 5,600 square foot lute as part of that new PD. The previous one had a minimum of 7,000, and 1 donY know If It's directi.,tied to a change In the market; but Cherd ere, as Mark Donaldson pointed out, there are some other cases In town. This would not M the Anit. Ms. Oourd;e: But weren't those homes-wt!rn't thole a let ce-4 want to say for lack of a better word, green areal between the homes, the dlfferent sizes of the houses , Mr. Reed, There wee t major preserve area, so.... Commissioner Engelbrecht. Buller is what they ganeraly call that. I Ms Gourd'* I knew there was a word in there somewhere 60, we're not rely Comparing apples to opples. Ware comparing applef to benanss here, because these homes are right up against It without a buffer tone 'r . Mr. Reed, Correct. Ye r, If you went to look a1 adjecanl properties Ms Oouedie Okay I'm sorry, Mr. Commissioner Engelbrecht I would like to add that I asked Mr, Donaldson to do a kW quick math 1Mre, I didn't bring my calculator tonight, wh ch I usuaky hovo. T Ms Gourds: He did though. Commissioner Engelbrecht He had his. Ten lots at 6,900 square foal- it you drop that to eight lots, you get loco of 7 176 feel- a little over 7,000 square feet, You know, they rs going to ON $ and take a lithe, but you can get 6 out of 10. Ms. Oomd'a. So, ho *d be losing two lots 0 he were to compromise 'r Commissioner EngillbrechL Right Me Gcurdie: Is that what you're saying? Q Commissional Engelbrachl: Exactly; and then that ones that those bAck up fo would still be 1,000. Ms. Oourdia. Md he doesn't have to do the whole row, he could just do.,. 4G. I ~M M 1' a t ?fli-, \ azxl❑ r L , :M...xe . o , Planning and Zoning Commission Minutes Octobt r 29. 1998 Page 18 of 21 Commissioner EngeTbrecht: No. Ks. Gourdie: )us[ those six homes.., Commisebner Engelbrecht Eight. Me Gourdie: , since the rest is an a lot. Commissioner Engelbrecht, Ten lots become eight bte. Me Gourdle: Eight ble. Okay. Alt 6ghL Commissioner Engelbrecht That's just as a mole Ms Gourdie, Thank you I appreciate you're putting that out for me. Commissioner Erngetbrecht. Any other questions for Mr. Reed? Yes. Mr, Rishot: Yes, Mr. Reed, I was hearing Mr. Brown; I believe he was saying that, or sounding like, the Juno Street actually goes past his lot 08. Could I get an affirmative nod yes or not on that? So. It actually goes by another 10 or 15 or 20 or whatever feet pest your lot S-IS that right? Mr. Brown: Probably another six or maybe eight feel Mr, Rishel, Okay. I was Just trying to look at that compromise that we were talking about on how to move the second egress or at least maybe access to the second egress, which would to fact, maybe be at tot 42 with some sort of fencing that Ms, Gourdle mentioned that might give us egress o there. And I do favor, myself, something thal would allow us to expand those lots a little Dlf and comply more with the SF-1 which Is what these people moved M next to. So, I totally agree with and concur with "I sa our other people. Thank you, Commisslner EngelbraahL. Any other questions for Mr. Reed? Thank you, sir. Mr. Reed. You're welcome Commissioner Engeibracht. Commissioners, we have comments or a motion? Ms Gourdle Actually, I hays it question, Go ahead, Mr. Moreno, Do you want to say something? Mr, Moreno. Yes. I gusts I do have a queslbn ar Mr. Reed. The on 11 there shows the southern portion of Iho properly as SF•7. Is that correct? Mr, Reed No, Do you mean enclosure 3? Mr, Donaldson: Eleven shows tho existing toning, Mr, Moreno' Thai's the existing inning-s SF-T. Mr, Reed. Actualty, enciosms 11 Is showing SF-T, but that SF-7 toning district runs parallel to the southern property Nne here, so looking at enclosure 11, this Is property Included *"him Denton Garden Addition, These are the homes to the south, and that Is toned BF-10. Mr, Moreno. Oksy, I think you've answered my quesllxr for the lime bet4v Commissioner Engelbrecht Actually, I'd Ilk* to ask Mr. Salmon a question about Juno. There appears 10 to some question about whether this road Is stready extended further than shown on We plan, which leads me to ask also 0 . era there addAbnal loll developed? And 0 that a the ease, len'1 n possible at this point to gat a stub put In there y now? Mc Salmon: Okay. Wan, first of an, we're looking at an exhibit that was prepared for the developer. This b a map from our 019 system that might tire a 111114 more scants In terms of the We and IM streets, You can a" the 4I. AS= -,-~r~ x 32 x~ 0 ' o w Planning and Zoning Commission Minutes iVober20,zvS5 VagIIdof21 street actually does go past the last lot, probably 40 or 80 feet. Commissioner Engelbrecht: Well, 1--then my question to you Is-0 you required that developer to stub that street out at that point right there, they would have to acquire that property, would they; or how would that transpire administratively from the slap !point of them and the deveioper? Mr. Salmon Well, I think N would be posslbts to stub a street out end then connect onto the existing, It would make this 821 a corner lot. It might have some effeel on how Sheraton might eventually connect In because we do have that rule about 150 feet between streets coming In from opposite directions but Commissoner Engetbrachfi Okay. At right. So we better not most with N. Thank you Any other questions for staff? Comments or @ motion? Mr. Moreno, I have a comment Mr. Chairman, unless other Commissioner& an convince me otherwise, my sympathies are kind of with the neighborhood this evening. The homeowners on Juno Lane own SF-10 lots now and their understanding was that they backed up to SF-7 homes, and unless those homes directly abutting the homeowners on Juno Lane lire changed to SF-7, I'm going to have a difficult time voting In favor of this petition, Commissioner Engelbrechl Let me just respond by saying we an simply as a condition require 021 those lots be SF-7. And as I mentionee. earlier, I believe that would probably-this Is rough esttmates-but would take 10 lots end reduce It to 8 lots, Ord you would wind up with the SF-7 that was there befwe. Yes, Ma Oourdle. Ms Oo,vdie Well, I was just trying to figure options here. We an either move to deny, move to postpone, or put conditions on this. -Is that correct? Those are--0r approve I'm sorry. I am definitely not In favor of this the wary it's proposed, but that was not very kind of me to put M in those lights. So, what I'm osking Is-N lt's d.:cd, does that mean N cannot come before us aiii1in for another year? How does that work? I'm sorry; I don't quite understand the procedures for deniel. Mr. Donaldson As s planned development, N can come back. Ms Oouidie, It an come back, Okay, but Ihls Is the SF-7 toning that ve're trying to turn Into a planned zoning, to it's alill SF-7-is that not correct? Mi Dunotdson. Well, N an come back as a planned PD within any time now, Ms C,oudle Okay, so there's no problem with that, and I guess what I would Ilk, to do--I don't know how my fellow C)mmissloners feel about This-but I would like to postpone N, end I'd like to tee them come back with N des:gr,ed with an opportunity to do the roads correctly and to do the SF4 or SF-whatever they choose to do I don't want to put conditions on d, only because I have a d KcuM lime with that. I don't know M that would wont or not work, but N we give them time to think about It, come bock, show us what they've come up with, work with the City SIAM, I believe that's a better alternative in my mind. IT go with however y'sll want, but I'8 be-I will nob M the motion Is to recommend, I will not be voting for the recommendation. Commissioner EngolbrechL Commissioners, other comments? I personally have no problem putting a condition on 4 S If, I think the Stall has already explalned where they wont the road lined up-to kris up with Selena-and I don't know. If we require them to hays 7,000-square-fool Wr on that small segment. N seems to ms we've covered the iss,c. That's just one-d's my opinion. Yes. i , Mr. tt'shel. I feel like we have a mendale from our people to protect and preserve neighborhoods, to 1 think that moving to an SF-7 helps that Spirlt and letter of the law that we've trled to go to Commissioner Engelbrechl. Yes, and with regard to that SF-7. I don't know how many limas we've had requests In . here that, 'I would fike the of behind me to be the same site as my lot.' Under that prkalpie, there would only be one size lot In Denton, and so It's got to break Some plea. Historically, in town, we have, at Ms.Ootedle Q mentioned earlier, we've gone from 10s to 7s back-to-back, has been a method of tronstl that's fairy common, at least in the newer subdivisions. I would like to say, ha rover, that Mr. Donaldson Is correct In that one of the Ihings " we appear to be seeing is Smaller lot slits with not necessarily co-existing smaller homes-that, in fad, formes are t growing larger on smaller lots to there-a larger of does riot neassorily mean a larger lame Folks 60n'tstem l0 want lols loo much anymore. They don't want any ground to take are of, 42. Ir, s 0 Planning and Zoning Commisslori Nmules October 26, 1096 Page 20 of 21 Mr. Moreno: Mr. Chairman, that's-when you look at Severy Park roar the area wh ere I five, those are SF-10 lots with relatively small homes on them. I o;. +n they start at 1,606 square feet, and mocl of them are less than 2,000 square feel, I think, " Commissioner Engeibracht: Yes, and how okt Is the: subdivision? Mr. Moreno: It's being developed today. Commissioner E•ngeibrachl: Okay. Mr. Moreno, So, R seems to be contrary to what you see in Flower Mound and areas like that Mr. Donaldson has spoken to. Ms Oourde Well, Commissioner Engelbrecht: Okay: do we have any other comments Ora notion? Ms. Oourdie: Well, I would like a ciarificallon, then, tons of tie have to make the motion, obviously, What b k you want us to say that-how would you word this motion with your oondition on Ill 1 don't understand how you can make the break linty What are you going lo-how would you Ilke me to make the break fine so say SF-7s, to what point? Mr, Rishel, Adjoining lots from 1 through 6. Ms, Oourdis: Would you like to make the motion? Commissoner Engelbrechf Won, R would seem to me that you'd be on the southern boundary from-whol's the street... Mr. Risheh Juno, Commissloner Engelbrecht: . from Stuart Road. Ms Gourdis: The length of Juno Road? Mr. Rlshel: Current existing homes? Me. Oourdie, Or current.... Commissioner Engelbrechl, Current exlstlng homes a some..,. Mr. Donaldson, Watl• we've got a description of Nose lots as, you know, lots E through whatever you want of Block E. ` Commissioner Engelbrecht There's a lot number than. Mr. Rishel: Right, Commissioner Engelbrecht: We could use lot numbers for k,1 think. { Mr. Donaldson Sy reducing lots from lot NB through is from 11 lots to g Me, you would achieve 1,200 square fool I average. And I'm assuming that lot 6 Is greater than 1,000 feet. N has M 61 •fool tear yard, a rear Ina. $0 6" taking Irwo lots, reducing by two the number between lot S and lot 16 of Slock E would bring the average over 1,000 Square { feet r Bu Mc M Sucak: It someone could just say they 'to mow'? 1~ a Ms Oourdie: WeO, ws have to.,,, 1 rrr"`!llrrr r Mr. Moreno let me try. 43. ' ?5 ~C~ 32x~~ WON" l I 1 1 missile Planning and ton, q Commleebn Minutes October 26, 1996 Page 21 of 21 Ms. Gourdle: Thank you. Mr. Moreno: Mr, Chairman, I move to recommend approval of the aUrnollw detailed plan for 2.96-042 with the conditions recommended by staff and an add;tionel recommendation that Phase I, Block E. Lots 6 through 16-help me, Mark. Mr, Donaldson; That the number of lots be reduced by W. Mr. Moreno That the number d late encompassing lots $ through 16 be reduced by hero lots. 1 Commissioner En0elbrechl: Would you be Including the recommendetbns of staff? Mr. Moreno: Yes, yet, Commisskoner Engelbreohl: Okay, I missed that, M fight Ms. Gourdis: Walt. I have a clarlflcatin though. What 0 they decide to put a rood In there and still keep them small? They're reducing h by two, burl we're not henssing lot size. Commlasinsr Engslbrecht: Wall, I think you an simply restate that, Mr. Donaldson: So that the average lot size Is greeter than 7,000 square feet. V%.Oourdle: Thank you. Mr. Morena, Yes, I accept that Me Gourd* Second. Commissioner Engelbrecht: I think I understand what the motion Is hare. Everyone comfortable with the motion? Mr. Rishet No. t'd Ilk* Irv Mr, Reed to reread his recommendation 9. Commissioner Engelbrecht, M rlphl. Yes; Mr. Reed would he please Just read the staff ?.commendations. Mr Reed, Yes, Stafro recommendation is for approval with the following hero oondillons: theta physical it be erecled along the northern boundary of the rear yards of all raskdentlat Mi that an adjacent to Loop 268; and J second, that one Canopy tree and three umderstory trace per 100 itneer feel be Installed along the north side of the buffer. Mr. Riahal: Thank you, Mr, Reed Mr Reed, You're welcome. ^ Commissioner £ngelbrecht: I bel eve, then, the motion would Carry a third oWNom which would require thel those lots 6 through 16 be reduced from 10 to 8 with a „ 0 Mr, Donaldson: Eleven to nine, Commissoner Engslbrechl: Eleven to nine with a minimum size.,, Mr. Rishet With a minimum alxe of SF-7, t Commissioner Engelbrecht, ,..of 1,000 square feet, 0 Mr. Rishel: Thank you. 0 0 Comm;s9;wer E etbeechL Mohl. Any on the motion of s0ons of staff W fuller clollco ion? In 1 that case, ell in favor of the motion, pleasfalse your right hand. Motionwardes unanimously. (4-01 ~5 K~ 32xIa 0 , a-1 rw , O l 1 I ATTACHMENT 5 NOTICE OF PUBLIC HEARING Z-98-"2 The Planning and Zoning COMISSion of the City of Denton will hold a public hearing on Wednesday. October 28. 1898. to consider rezoning a 34.133 sore site located on the southeast comer of Stuart Road and Loop 288 from Planned Development 39 (PD 39) zoning district for duster homes end a $ingle-Famly 7 (SF-7) zoning district to Planned Deveiopment 30 (PD 39) Ynning district for skpie- famly detached housing (see map on backside). The property Is legally described as the west 34.133 acres of Tract 26 In the S. McCracken Survey 817 In the City of Denton Denton ey We Cwn Taws. The purpose of the zonk,g change is to approve a detailed plan for one hundred and swenty- six (178) Single-family lots. E)dsbng zonMg wxAd allow for a combined total of two hundred and thirty (230) single-family, lots, The public hearing wilt start at 5:30 p.m. In the City Council Chambers of City Fiail located at 216 E. Mclanney Street, Denton, Texas. seceuse you own property within Md hundred (200) feet of ft subject propady, the Planning and Zoning Co"wisslon would tr'ka to hest how nor f*W Rhein th/s zoning change request and lrry4s•you 1o attend the pubrio hearfng. please, in order, for your o0nlon.to be taken Into eccounl, return tt>la form with your comments prior to the date of the public hearYq. (TMs In no wry proNbMs you b»m oltendhV and pertiupetkv In the puW hoadng.) You may fax it to the number located at the bottom, mail it to the address below, or drop it off fn-person: Planning and Develepment D*POM rent 221 N. Elm ST Denton, Texas 76201 Attn: Wayne Reed, Plonaor I The zoning process includes two public hearings designed to Provide 000ft,ltios for citizen Invohrcrnent and comment. Prior to the public hearings. landowners within two hundred (200) test of the subject property are notified of the zoning request by way of this notice. The first Public Noting Is held before the Planning and Zoning Cortxrtisil". The Commission h Informed of the "Irt of responses in support and in opposition. Second, the zoning petition Is fonwrded to the City Gbuncil for rnat action providing the Commission recommends approval. Should the Convnisslon recommend dermal, the petitioner may then appeal the request to the City CMICAI if owners of more than twenty (20) percent of the land area within two hundred (200) feet of 1110 Sile submit written opposition. than eta out or sewn voles of the City Council ere required to approve the zoning change. T(toao forme era uasd to calculate thepomentaye oflandewtrer eppealtlen, Please Circle ones III taror of request Neutral to WquesE r7ppused to neque r Comments: Signat ure: r 2 6 i?98 • LLAWNG EIIF Printed Name ManingAddress: a 6 DE4f • City, stale Zip: ~n*it - fi 20 i,OPMEN7 0 • Telephone Number. _ 910- Lill- f 14 04 Physical Address of Property within 200 het: _.71_4 _Mok, 0 CITYOFDENTON; TltXAS CITYKAt_LwcsT • ot:WO%TEXAS 7620t • tko349aaao • (nMo.$*.t'tof In CWJ too *lllat .a - 45. 10 32XIO , lieu" • o NOTICE OF PUBLIC WEARING Z-98.042 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesda!•, October 28. 1998, to consider rezoneng a 34.133 acre site located on the southeast oomer of Stuart Road and loop 288 from Planned Development 39 (PD 39) zoning district for cluster her, a and a Single-Family 7 (SF-7) zaning disVlct to Planned Development 39 (PD 39) zoning dlstrlet for SkVle- family dotachad housing (see map on backside). The property Is legally do$~ as the west 34.133 acres of Tract 26 In the S. McCracken Survey (Abstract 817), In the City of Denton, Denton County. Texas. The purpose of the zoning change Is to approve a detailed plan for one hundred and seventy- six (176) singlo-family lots. Existing zoning would allow for a combined total of two hundred and thirty (230) single-family lots The public hearing will start at 5:30 pp m. In the City Cound: Chambers of City Hall located *1 215 E McKinney $Vast, Denton, Texas, Because you own property within two hundred (200) feet of the s,b*t property, the Planning and Zonkyr Commission would trice to host how you feet about this zoning eWge request and Invites you to a fiend the public hoe". Please, In order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing (This in no way prohiblb you from attending and participating In the publio heerhlg,) You may tax it to the number located at the bottom, mail it to the address below, or drop It off in-person, Planning and Deyelopment Department 221 N. Elm ST Denton, Texas 78201 Attn; Wayne Reed, Planner I the zoning process includes two public hearings Caslgned to provide opportunities for Citizen involvement and commenL Prior to the pubflc hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notioe. The first public hearing Is held before the Planning and Zoning Commisslon. The Commission Is informed of the percent of responses In support and In opposition. Second, the zoning pettllon is forwarded to the Clay Council for final action providing the Commission recommends approval. Should the Commission rocort><n"nd denial, the petitioner may tnon appeal the request to the CRY Council. of owners of more than twrmty (20) percent of the land wts wiWn two huMrod (200) feet of the the submlt written opposition, then six i out of sovon votus of the City Council are required to approve the zoning change. Those forma an u.ed to calculate thepucsnfsge offsndownar epposMlon. Plot so circle one: In favor of request Neutral k request Opposed to request • Comments. 4 art ~ U O Signature: OCT 2 6 1?28 PrintedN Mailing Address: t-" - ANNING & DEVELOPMENT City, State zip _'JDe*A.i . 7X 16 _ Tefephbns Number: tt r 9f 9 ~+o l I s 3I•0 i 4 << _ PhyslcAl Address of Property within 200 feel 4 i rues v 1~% CITYOFDENTON, TEXAS ci vK&J%.WfS7 - oEHTON.TEXfAS 76201 WWASS0 (F)W.34e7707 1 WOO tar OV Xke. ear 46. 25,10 X 1 NOTICE OF PUBLIC HEARING Z-98.042 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, October 28, 1998, to consider rezoning a 34.133 sere site located on the southeast corner of Stuart Road and loop 288 from Planned Development 39 (PD 39) zoning district for cluster homes and a Single-Family 7 (SF-7) zoning district to Planned Development 39 (PD 39) zoning dlstdct for single- family detached housing (see map on backside). The property Is legally described as the west 34.133 acres of Tract 28 In the S. McCracken Survey (Abstract 817), In the City of Denton, Denton County, Texas. The purpose of the zoning change Is to approve a detailed plan for ore hundred and seventy- six (178) single-family lots. Existing zoning would allow for a combined total of two hundred and thirty (230) single-family lots The public hearing will start at 6:30 p,m. In the City Council Chambers of City Nall located at 215 E. McKJnney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this zoning change request and Invites you to attend the public hearing. Please, In order for your opinion to be taken Ingo acnount, return this form with your comments prior to the date of the public hearing. (This in no way prohibffs you from attending and participating in the pubifc hearing,) You may fax It to the number Ior.Aled at the bottom, mall it to the aderess below, or drop It off In-person: Planning and Development Department 221 N. Flm 8T Denton, Texas 78201 Attn: Wayne Read, Planner I The zoning process Includes two public hearings designed to provide opportunities for citizen i Involvement and comment. Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notice. The first public hearing Is 1 held before the Planning and ZoPinO Commission, The Commission Is Informed of the percent of it responses in support and in opposition. Second, the zoning petition Is forwarded to the City Council for final action providing the Commission recommends approval. Should the Commission recommend denial, the petitioner may then appeal the reouest to the City Council. If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit written opposition, then six out of seven votes of the City Council are requlrod to approve the zoning change. Theca forma or* used to calcufato the percentage of Iondownor opposition. Please circle one; In favor of request Neutral to request Opposed to request . Comments: wt-uLb Lirc_ no ' SeE sAn^G 513E' LoiS AS t.uQS ~ I ~c aA I.EAt+ 11e ~lrr.re. (3{NY?'o uS• ~Nn Simi Itx. 5lyc ,1 e„ J PP, rt" Or o }c•5, iLS m,4,.j-tra,r4 1).N[ Nl"•'t+SdsY! ricrj~~o !dis e .SAt l5 c ~~l Adf~~i Signature:~~...'.ff U i Printed Name: 66' -E C t. Ar'w,vr r , lb _ D Malling Address IF k-, °Y u Kc Q City, Stale Zip: n r' cL ,-t 10t) OCT 2 6 'I.. Telephone Number; _ BLS'- `ftUY Physical Address of Property within 200 feet: O:Cq :i u+-k L pLANNINO b DEVEIAPMENT CITY OF DENTON, TEXAS CM HALL WEST i DENTON, TEXAS 70201 ~ 940,341.6350 ~ (F) 940,3401107 t 08-042 200 Notko dos 47, rr ' 2xI❑ ?5x ❑ 3 i 0 i NOTICE OF PUBLIC HEARING Z-OM42 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, October 28, 1998, to consider rezoning a 34.133 acre site located on the southeast comer of Stuart Road and Loop 288 from Planned Development 39 (PD 39) zoning district for duster homes and a Single-Family 7 (SF-7) zoning district to Planned Development 39 (PD 39) zoning district for single- family detached housing (see map on backside). The property Is legally described as the west 34.133 acres of Tract 28 In the S. McCracken Survey (Abstract 617), In the City of Denton, Denton County, Texas The purpose of the zoning change Is to approve a detailed plan for one hundred and seventy- six (176) singlo-family lots Existing zoning would allow for a combined total of two hundred and thirty (230) single-famiy lots. The public hearing will start at 5:30 p.m. In the City Council Chambers of City Mall located at 216 E. McKinney Street, Denton, Texas. because you own properly within two hlurdred f200) fact of the sub)oct properly, the Planning and Zoning Commission would dlre to beer how you feel about this toning change request and invites you to errand the pubfk hearing, Please, In order for your opinion to be taken Into account, return this form with your comments prior to the date of the public hearing. ('this In no way prohibhs you from elte+rding and potWparing M the public hearing.) You may fax it to the number located at ilia bottom, mall It to the address below, or drop It off In-persons Planning and Development Department 221 N. Elm ST Donlon, Texas 76201 Atln: Wayne Reed, Planner I Tho zoning process includes two public hearings designed to provide opportunities for citizen involvement and comment. Prior to the public hearings, landowners within two hundred (240) feet of the subject property are notified of the zoning request by way of this notice. The first public hearing Is field before the Planning and Zoning Commisslon. The Commission is informed of the percent of responses In support and In oppospion. Second, the zoning petition is forwarded to the City Council for final action providing the Commission recommends approval. Should the C%wmisslon recommond denial, tho petitioner may then oppool the request to the City Council. If owners of more than twenty (2D) percent of tlse land area within two hundred (204) feel of the site submll written opposition, than six out of seven votes of the City Council are required to approve the zoning change. These forms are used to calculate the percentage of landowner opposition. Please circle ono: - - In favor of request Neutral to request Opposed to request Comments: signaturr r~,.__ °u,:~)~,,,b, OCT 27 P98 D Prlntod N rrds ul nna _ K4r ari_ t f a c)c Malling Address! may Va lte, 54 ma_ City, State Zip: Or.,-hb,. Tx. ,r.a,0, PLANNING 3 DEVELOPMENT Telaphone Number. 9_ X10 3bn-A;5A Physical Address of Property wr,hin 200 feet. J9Aq CITY OP DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 16201 • 94030,4360 ' (f') /40440,7107 1.90N) )nu' N,4kr d.,' I es, _ 1 Q 1 32X Was" o - ,.".w, Z-98-042 ATTACHMENT 6 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM PLANNED DEVELOPMENT 39 (PD 39) ZONING DISTRICT AND SINGLE-FAMILY 7 (SF-7) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS TO PLANNED DEVELOPMENT 169 (PD 169) ZONING DISTRICT FOR 34.133 ACRES OF LAND LOCATED ON THE SOUTHEAST CORNER OF STUART ROAD AND LOOP 288; PROVIDING FOR THE APPROVAL OF A DETAILED PLAN AND LANDSCAPE PLAN FOR SAID ZONING DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000,00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, Brian Burke, on behalf of Dr. Ed Woiski, has applied for a change in zoning for 34.133 acres of land from Planned Development 39 (PD 39) zoning district and Single-Family 7 (SF-7) zoning district classifications and use designations to Planned Development 169 (PD 169) ' zoning district; and WHEREAS, on October 28, 1998, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change in zoning will be in compliance with the 1988 Denton Development Plan and the 1998 Denton Plan Policies; NOW, THEREFORE 7 HE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS, Section 1. That the zoning district classification and use designation o, the 34.133 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is changed from Planned Development 39 (PD 39) zoning district and Single-Family 7 (SF-7) zoning district classifications and use designations to Planned Development 169 (PD 169) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Te,,as, by approving the detailed plan which is attached hereto and incorporated herein as Exhibit B, s,tbjcct to the following condition: L That the number of lots in Block E, between Lots 6 - 16, be reduced by two (2), • decreasing the total number of lots within the block from twenty-three (23) to twenty-one (21). Section II, That the landscape plan attached hereto Lid incorporated herein as Exhibit C for the 34.133 acres comprising Planned Development 169 (PD 169) zoning district described by Exhibit A Is hereby approved Section Ill. That the City's official zoning map is amended to show the change in zoning a district classification, 49. 32 x~❑ I e I ' 711MAif~ I, % i 1. 1. Z-98-042 Section ly. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding 52,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense, Section V. That this ordinance shall become effective fourteen (14) days from the date of ? its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the dale of its passage. PASSED AND APPROVED this the day of .1998. JACK MILLER, MAYOR f ATTEST: JENNIFER WALTERS, CITY SECRETARY I BY; APPROVED AS TO LEGAL FORM; HERBERT L. PROUTY, CITY ATTORNEY \ BY,, I 1 ky } 4 ~ I F r. 50. I 25 2X 0 0 MOW I I i Z-98.042 EXHIBIT A i BEING oil that certain lot, tract or parcel of land situated In the S. McCracken Survey Abstract Number 817, in the City of Denton, Denton County, Texas, being a part of that certain "south treat" of land conveyed by deed from Joseph J, Tallal Jr. to Group Management, Inc. recorded in Volume 2352, Page 498, Real Property Records, Denton County, Texas, and being morb particularly described as follows; COMMENCING of an Iron rod found for corner In the northwest line of Farm-to- Market Highway Number 428, a public roadway, sold point being the northeast corner of that certain tract of land conveyed by deed from C.A. Ginnings to Blanche Nicholson Ginnings recorded in Volume 2015, Page 961, Meal Property Records, Denton County, Texas, THENCE N 696 10' 21" W, 1422.35 feet vd",. the north line of sold Ginnings tract to an iron rod set for corner; THENCE N 89' 16 WW, 345.64 feet with said north line of said Ginnings tract to an iron rod set for PLACE OF BEGINNING; THENCE N 89' 16' 18" W, pass at 1220.81 feet an Iron rod found for northeast corner of Lot 6, Block 23 of Section 7, Phase I of Royal Acres Subdivision, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded In Cabinet B, Page 55, Plat Records, Denton County, Texas, a total distarvv of 176334 feet with the north line of said Ginnings tract and with the north line of said Block 23 of said Royal Acres to an Iron rod set for corner In Stuart Lane, a public roadway, THENCE N 00' 09' UJ' t, bn9.79 feet with said Stuart Lane to an Iron rod set for corner, THENCE S 88° 34' 30" E, 260.60 feet to an Iron rod set for corner; THENCE N 000 47' 15" E, 300.00 feet to an iron rod set for con sr in the south line of State Highway Loop 288, a public roadway having a variable ri&.0 way; THENCE N 89' 33' 26" E, 681.16 feet with said south line of said Loop 288 to a broken,concrete monument found ror corner; THENCE along the arc of a curve to the right having a central angle of 08' 21' 11", a,radius,of 561958 feet, an are langth of 819 27 feet, whose cWd bears 6- 86- 14' 64" E; 618 55 fr(t with sold south line of said Loop 288 to an iron rod sat for corner; O THENCE S 001 43' 25" W, 857.35 feet to the PLACE OF BEGINNING and containing 34.133 sores of land 51, I❑ 32XIII 1 594rpE~ , b ►S.IW.Ci i E NOTES: UuM~I H 4. A ptrytlal Differ. I* a ferJa, nN De encbd slap 45e noMem Doundery d tlw nw ya* 2. One a And fm (3) under" trees hwdM 000) Wow feM KM ~ wu be hd~ Wang Ule MM"of the ow" Dully. o ror zoo' 6H LOOP 246 III 1220' A-O•W! yJ~gIMTT Alj~ n.+. . .rlf' •M' .eW M' M 676 66 t1 66 67 F! & 60 59 S6 17 56 {I}r-S r`d]I SI{{+1 SS 52 51 50 19 10 /I 46 e5 44 - J 440 7 Rx V ' M. . 6 \ ReP1 lR 140 Y n 70 2x t1 20 19 IB q 17 H U Ij 20 D A Ii 16 IS 14 r1 z II !79 17 l r fr BI c" 2 b 16 I B' 36 \ T6 iS 72 Y 71 .2 Bl ocl' "7B Iol If I 7 4 S ~6 1 '1 1 } f0 7 4 5 5 7 6 9 IO''{ ]6 u' -AL 1I • ~ ~ t8 1'' is Y .M'_ r. ~S ee u.~.].YYY,. a.urlroe.. L.r -,5 S 1i YY{ r tl LA 71 N J VJ) I30 t9 xP . it 2r 20 1 9 10 Iv JI 7 Ip- IN 95 tG ti 29 x9 70 71 32 U - , 7 loci o So• c ~y . 3109 k E 7e Lo l' 1p ' to } I 7 t1 I] tt x1 t0 % 19 6 11 14 It r FR 9 IO R / 17 11 4 15 IN hase 10, IC J rD • if-T61 on . 6 T e 9( 0 v 12 Is INN d K J le r9 t0 71 t2 4r ! 7 1 S 6 7 IN 4 0 r. Rh , [ 2 l ' R+r r6 7 l 11 ` YN •IYM+'\ rryrN J 1 f 1 Y 1 6 DETAILED PLAN li DENTON CARDEN ADDITION . ; , LEGEND 34617 6a« In • N' P.O. 1,6111.n.0+nep I...nm, 1MeA..bn Sw.61.«.11111 R' Cil. ul DRnlp,l, t1."1 !e' M.r m+1 ImMnr O..Y: I:.IUtl Irt o ro 610L/C Iu"u b1YltlYq - r u.1 Y'~rNi AI PIP r Inr D11,1)1 IM'"0 On0,01 WIN 41-0 r~.~~ 1 h IrY. "Y. 4rl YhrM 'Y'If~ !r b.w Y.+ i EI V ' 1 32 %VAWA 1 0 ~IW Irgrrr eM.,ll res rareeveler9ar iwlwlWarlrM^f t,l1ArrrrierrMMYweplale~fa lOnll~~aeeYr UrlerR t'ur MereAWel (r1A r~Y Mrlelrri+n w~.llrree 91. ! . aew...rr(111ten rn eweerr rere yw r.r.r^a a a r wr wetwrre rr r errrlr~6 I Tr Mw w tlw dlwptw.aw itM/r► l Ne6199 eer w Iiwrirr. F +AM rlltf. r1Y7.I w b]aIYI~W (ewer /u.~I~aa. elMwy.6 aA~~ r"~ r~l { IAr 11r1e1M7Y. ems. /iIOY V r LJ Iy00200 A rrrislt+a+rrer f r r e t tf i r r v SH LOOP 288 ura e.a' r r.. reae9e9warr r . wlr r-1 I fii 66 i7 61 6$ 62 61 60 S9 56 !1 si SS 3t SS S2 51 So H 13 er e3 N U 42 Y n 10 Ir 2 61 cA 69 60 r0 21 21 20 It 16 R 16 IS 11 F1312 20 N 16 17 T1415 Ie 13 12 A 39 t 1 rf 71 3° 7s it 37 76 74 73 1 2 3 l S 6 7 19 10 A 2 S r I 1 7 1 9 10 36 ' 1 r7 L i 71 26 27 t W 30 19 to 11 a ) 23 at 21 20 i9 is 17 II ]I n t1 23 !i is 26 27 to 29 30 11 12 !S l ~ ) I 2 3 4.12 A 7 C 9 10 1 12 13 I. 15 22 it 20 19 II 1 11 I5 16 13 12 r, • _ { ? of o .S on 10 l+r{ e i i 9 C 1 y 6 T e 9 10 11 12 is 11 q 16 Ii Ie 19 20 21 22 t!. I t S ,6 S i 7 1 y.. t e I 1 . tIMY a 1r1f It ' . r 1 e I 1 1 TREE INVENTORY and 8 _ h't►."n LANDSCAPE PLAN • / r 1i• DENTON GARDEN ADDITION 56133 eels, Me Ifie LEGENQ 1 MA,801e Iwry, ebl III! 1111 el OeebA, hN. 1 1 E.Ipin 7rre Ue14, 1, fable) r.grM lr 1 a at VOLM IM cameo" 944 f P-16 . rr1 Me rr VI al.. i.e,r 0letda/rr.u l.re A.•1,.. n~n ?61 Of La1«<r..n 7etw uwI y..rta u.w vreeu a al 96 a t „r , 32 x , • NOW" • r MOUNM Agenda No. `16 - 043 AGENDA INFORMATION SHEET Agenda hem a_ Date l2 -13 -'}9 AGENDA DATE: December 8, 1998 DEPARTMENT: Planning Department CM/DCM1ACM: Rick Svehla, 349-7715 SUBJECT - V-98-016: (Wendell E. Woods) Consider approval of an exaction variance from section 34-114,(7) of the Code ol'Onlinances concerning sidewalks for Lot A, Block 1 of the Wendell E. Words Addition. The subject property is located on the east side of Hill Street just northeast of the T-intersection with Boardwalk and will cunsist of one single family lot BACKGROUND The applicant has requested an exaction variance from section 34.114(7) for this property, This variance is not based on the shape, topography or location of the property, but is based on the burden of cost that the sidewalk improvements will cause. A typical sidewalk on this lot would cost approximately 52,200. This does not seem unreasonable for this 1. 17 acre lot compared to the cost of a typical sidewalk for an SF-10 lot which is generally S1,150 and $3,200 for an SF-16 comer lot. There are currently no sidewalks on either side of Hill Street; however the City has been very active in its CIP constructing sidewalks in this neighborhood at the request of the residents. PRIOR ACTION/REVIEW fCguncil, Boards. Commissions) { The Planning and Zoning Commission recommended approval (5-0) of this variance rcquc" on j November 11, 1998, against staffrecommendatiow FISCAL INFORMATION Granting this variance will not significantly affect the assessed value of the property. It will : require no short-term public improvements that are the responsibility of the city. This development will require the dedication of right-of-way for Hill Street and public utility casements as well as a sewer line extension in Hill Street in addition to sidewalk installation, should the variance request be denied. The total cost of all required improvements is approximately 516,000. ATTACHMEND 1, Planning and Zoning Commission Report, November 11, 1998, V-98.016. 2, Planning and Zoning Commission minutes from November 11, 1998, 1. V~' 10 32X - - VWAUB" O ! 1 a sawaea y Respectfully submitted: f . e Hill ' Director of Planning and Development Prepared by: Trina McElreath Planner 11 r, ~ y l 1 « e NI 1 I 1' ~ I 1 1 h y' 1 ~.r r ya y1 1 I t 2. „ r~ ^i 'nl 25 432 X e qww* i , 0 4 JORW#A ATTACHMENT 1 1 Memo To: Planning and Zoning Commission From; David Salmon, Engineering Administrator Date: I IN3/98 Re: Wendell Woods Addition Sidewalk Variance Coleman Surveyors, representing the owner of the proposed Wendell Woods subdivision, located on Hill street at the intersection of Boardwalk Street has applied for a variance of Section 34-114 (17) concerning sidewalks. The cited section requires a 4-foot wide concrete sidewalk along all street frontages. The applicant proposes no sidewalk along the frontage of the property. This variance is not based on the shape, topography or location of the property but is based on cost of the sidewalk improvements. Therefore this variance is an exaction variance and the commission must consider the following: Criteria for variances from development exactions: Where the commission fine's that the imposition of any development exaction pursuant to these regulations exceeds any reasonable benefit to the property owner or is so excessive as to constitute confiscation of the tract to be platted, it may recommend approval of variances to waive such exactions, so as to prevent such excess, to the City Council, Waiver of developmental exactions shall be approved by the City Council. Staff does not recommend a variance of the sidewalk requirement. The standard sidewalk in this case would cost approximately $2,200.00 to construct. Although it costs approximately $1,150.00 to construct the sidewalk in front or & typical sy-to lot in Denton, staff does not • consider this unreasonable as it can very commonly cost as much as $3,200.00 to construct a sidewalk around a comer SF-16 lot. In additinn, the City has been very active in its CIP constructing sidewalks in this neighborhood at thk request of the residents. Recommended Motion, I move that we recon..rerxi to the City Council dial the variance of Section 34.114 (17) of the • Code of Ordinances concerning sidewalks for the Wendell Woods Addition be denied as the fir • cost of the sidewalk is not unreasonable con-idering the size and type of development. I~ 3. r • MINIMUM 0 ! • r .A07R7u! COLEMAN & ASSOC, SURVEYING • f P.O. Sox 686 ♦ Denton, Texas 76202-0686 ♦ (940)565-8215 ♦ FAX(940)387-0603 October 29, 1998 _ I City of Denton Planning and Development Department Trine ASclilrcath I City Hall West l I 221 North Elm Denton. Texas 76201 Re: Wendell E. Woods Subdivision / P Dear t nrla, l' On behalf of our client we submit an application for variance for sidewalk construction for the above referenced project. i The Preliminary Plat is being submitted as a requirement for the Final Plat of Lot A. The only development planned is a single-fann7y residence on that lot. Considering the cost of the other streets and utility construction associated with building his bouse, Mr. Woods feels construction of a sidewalk in this area is an exaction and thereby requests a varia "from that requirement If you have any questions, please call 365-8 215, lbank you for your attend on to this mater. Sincerely, n./~. ~~tr1fJ vdGyl tt,~. MarcDegowo CAD Technlcian E r, y pg/wc misc r 6 . F a ' r.. 4. 2 ,x 10 32 x 1 0. o o • t . A t+Afbt w!E r 9 lilt / wllss t uo/o~ It a lftr t t ~ rr l 7.101 ~ lt, 11.1 y {,1~~.. , t t l 1110 I 101 1. IU•oY OF twe n•r a ro 0dA14.tr i wtr 9[txtc tw '-tir.'te` i .ew`u° mw~ ml / rgo+[o tm ~ ~ t 1. "Wrm % 91t•. 10-4 4. OEM Wtll• r9 m of *jw 1 !OE-.tq F=O. M, MCMM40 10 1r[ I CMA 11409 "Am" ■ j,• ,r u1t w Nit) .nA 1. 'MI cCYYNfh 1./1l1 C, r.KL Ixac 1. • w.r~ Wil weoU.r•9 • 1 to rvw I ~ 9t• iv toot* r • 101 1 • ~S•'Or I MY yr F , r• I i I , 5.#e ~ s ®QPiz R hLEGM MST Sr~¢ MAP j y ~r ~ l f x 10 e Opp R" o , • i ATTACH?iENT 2 Planning and Zoning Commission Minutes November 11,1998 Page 16 0133 jtJ fISr11~ , { missioner Engelbrecht: I would Ike to say-by the way, Me. Jessee, I ddnl realze we were going to s long as we did with that other pubic hearing. We had talked In advance about which order to go an new that the Director of Engineering had to get out of here this evening, had another meeting, or why them in that order, but 0 I'd known how quickly we might get through this, we might road those. sorry about the time you had to wait hero. Ms, Jes see: it we've demonstrated that lawyers are not the only ones who aren't brief. Commissioner E echl But look what you know abut the thoroughfare plan now. re anyone present who would lice to s In favor of this petition? Anyone present to speak M favor of ? In that use, anyone present to a opposition? Anyone present to speak h oppwRion to ? Since thero's no opposition, we'll waive t. The puts hearing 4 closed. Ms. McEksnth, ! staff remarks? Me. McElreath: Recommen ? 1i you have noted, the six Condition on the straight offbe zoning category were already der? 3 and 8 were already can h the adopted landscape and sign ordinances respectively. 4 and 6 needed to be Chia allow for the Increased sae of the { proposed siructtnro, which is why we M the zoning use before y other oonditi appear reasonable and should be loft in place to protect oundirg ni igft recommends approval of Z•98-M with the fallowing conditions: use ef any a Is limflsd to fesslonal or administrative; %htkg on the property shall be designed and maintained to shine otherwise disturb, adjoining property or to shine and project upward to prevent the diffusion Int ight maximum height of any structure shall not exceed two and a half stories; and the maximum floor Is limited to 3,500 scluars feel Commissioner Engelbrecht: Questions for eta ants or a motion? Ms. Gamer: I'd like to make a motion.... Mr. Rishel: Like to move..., Please. Ms. Gamer I move to recom pproval of Z•96-051 with the ss Mired by staff. Mr. Rishel Sei Commissioner Engelb It's been moved and seoonded to recommend a1 as ou'Ined by staff. Any i discussion on the Min favor, p'o'se also your right hard. Motion Carrie wrici . (7 - 0) Commissioner echo Conmiasioners, R's 7:00 p.m. Would you Ilk* to cake 10 ? Mr, Rish! Ms, b: Yes, C ssioner Engelbrecht Okay We'll take a 10-minute break at this time, a Commissioners adjoumed for a break. CFO reconvened the meeting. j S FO INDIVIDUAL CONSIDERATION 6. Wendell E, Woods Subdlrlsion. 1.17-acre tract Is located on the east side of Hill Street, just northeast of the T•Intersectlon with Boardwalk. n a. Consider making a recommendation to the City Council concerning an exaction variance of f Section 34•114(17) of the Code a Ordinances conceminq sidewalks. (11.9/-011, Wendell E. Woods 0 Subdivlslo i, David Salmon) Commissioner Er,gelbrecM: Ira Iudio) from the brook. At this point we have one Rem with two sub-parts for individual conskleral'an this evening. This Is regarding the Wendell E Woods Subdivision. Ill's s 1.11•aca tract located on the east We of HIM Street, just northesat of the T4nteraecia with Boardwalk. Item 6 a. Is to consider 7. 4T, 0~ y 32 x ❑ ve.xrs>a O Planning and Zoning Commission minutes November 11, 19M Page 19 of 33 making a recommendation to the City CcurO concerning an exaction variance of Section 34114(11) of the Code of Ordinances concerning sidewalks. Mr. Salmor, is going 10 provide ur the staff background, Mr, David Salmon presented the staff repurt. Mr. Salmon: Chair, members of the Commission, Coleman Surveyors is representing the owners this evening and has applied for the variance. The cited secthn requires a 4-foot sidewalk along gw frontage of any property being developed. In this case, the subject lot has 177 feet of bontage along... Commissioner Engelbrecht ...Hilo Street. Mr. Salmon: Yes; Hin Street and so, of course, we're looking at 177 feet of sidewalk. The applicent has based the variance on the fact that the sidewalk is going to cost a lot of money considering the tact that the applicant Is only going to put a single-family home on the lot, which makes this an exaction variance. An exaction variance is one In which you OR make a recommendation to the City Council. The criteria for granting an exaction variance are listed in your backup as well. In this case, staff cannot recommend the variance. The proposed sidewalk would cost approximately $2,200. That is more than the average of $1,150 that It costs to build a sidewalk on an average single-famAylO lot. But In the City of Denton, we have zoning districts that go up to single-fomt1y16 and even agricultural lots, N's typical for a single-famiy18 lot to have to spend as much as $3,200 In order to put in a stdewaN. espeaelly 9 It's a comer kst. 60, we feel that although 12,200 is more than what the average sidework would be for an SF-10 lot, this just simpy happens to be a little bid target lot and k's 981 within the range of what's common for constructing sidewalks for single-family homes 1 know the oppreents are here ON evening. I'm sure that they've y,ot some wriments that they would wish to add. Staff is not recommending the variance. I's be glad to answer anrquesrionsyou might have, Commissioner Engelbrecht: Commissioner, any questions? Ms. Gwrcte? Ms. Gourdie: Are there any other sidewalks in this neighborhood or adjacent to h? Mr. Salmon: Yes. If you'll look at the overhead, I've hghfphted In a dark red where an the existing sidewalks are located. The subject properly Is In yellow, end then I've highlighted In ;roan our Rants to Trans corridor. Ms. Gourdie. I guess what I'm really more curious about ri, on Hill Street. Mr. Salmon. There Is no existing idewslk on Hill Street. The closest sidewalk is down on Dallas Drive and then up on Morse and Robertson. Ms Gourdie 50, actually then, this property will be the only property with a sidewalk on It. The rest would be green grass His adjoining properties would W be green gross Mr. Salmon: Right There Is no additional sidewalk at We time on Hip Street. Ms Gourdie, So, could you clarity when you say lot this time.' Are there plans to Improve upon them? Mr. Salmon. No S Ms Gourdm: None wha;soev,0 Mr. Salmon Well, in my backup, I've mentioned that this particular neighborhood has been rather aggressive In the last few years In our Capital Improvements Program; and, as a matter of fad, some of these sideweNi I have highlighted in red are in the process of being constructed now We just re "nty, about three or four years ago, installed the Morse Street sidewalk. So, I think you're seeing a trend In this neighborhood of people wonting to have sidewalks, You've got the shopping area down here on Dallas DT" that a lot of people walk to. We've got the Martin Luther King Recreatlon Center further down to the east on Morse. And we've got Fred Moore Park to the north. Ms. Gourdie. I guess my problem is that I remember when a consultant came through, and we talked about his father wanting to start a trend with sidewalks Met four years, his house was still the only Muss with a skdawalh /J X '.aaaru ' o • 0 Planning and Zoning Commission Minutes November 11, 1998 Pape 20 of 33 and the rest were on green lots. I guess that's my concern is to tee a piece of con: reto when no one also caught it the wind of Otis wonderful, walkable community Idea. So, Is Hill Street a very busy street? Mr. Salmon: 1 don't think it's particularly busy. tt does conned Dallas Drive and Morse Street. Actually, We sled Smith Street down on the southem portion. So, R's probably either a low-grade collector or maybe higher grade local street but We not what we would consider a thoroughfare by any means. Ms. Gourdie: Are there any dirt paths from where people have tread so many times on the yards that M would be considered a sight...? I Mr. Salmon: I think that in this case the traffic Is lghl enough that most people that walk in the area have walked on the pavement I Ms, Gourdie: Okay. Thankyou. Commissioner Engelbrecht: Any other questions for staff? Yes, Mr. Powell? Mr. Powell: Mr. Salmon, are there any sidewalks on Park Lens? Are there any sidewalks on Boardwalk or Lincoln or Smith or Sammons or any of those streets? Mr. Salmon: There's a We bit of sidewalk here on Smith Street. There are no sidewalks Inside the neighborhood 1 on Park and Boardwalk. Those were an pitted beck In the We and been established neighborhoods. Mr. Rishel: If I could clarify, this, (1hsudR*) Commissioner EngelbrerhL Yes. Mr. Rishel: EAcuse me. If 1 could clarify this a little bor. I had the opportunity to walk this area earlier today and drive around R. What Mr. Salmon Is showing over on Duncan Street as a sidewalk over exists at Warren Electric, which Is about three blocks away from where our site Is. The neat closest sidewalk that I observed was tM double- aided sldewalk that's up at the Auto Zone, which Is another three or four blocks away from thls area. So, what we're showing In red as sidewalks that exist are either proposed sidewalks or very kmaed sidewalks at the one electric locat'on as for as 1 could tel. i Mr. Salmon. Okay. Well, actually this sidewalk Is under contract right now. We've got a let controol end the contractor hasn't started the work but will be starting the work before the and of iM year. Mr. Rishel. So, when we InsU; Thor a sidewalks on existing property, that people already occupy, do we asses { them at that point in time? How doer that...? Mr. Salmon: No. We pay for those Mh general obligation bonds. Mr. Rishel: Okay And how long has the owner ovrned this piece of property? Mr. Salmon I don't know how long this owner has owned the piece of property. I'm sure that they can answer that question. S I Mr. RisheL Thank you I Commissioner EngelbrechL Now the one you say that's been let Is Iha one on Kerley? Mr. Salmon No. The sidewalk I've got on Duncan Street, other than the am is p~lion that Mr. Rishet pointed out, the remainder of that Is under contract now on Duncan. 1 6 Commissioner Engetbrechl: And I have heard that Community Development Block Grant was looking at a sidewalk 0 • j down Lakey which would eontinue that on all the way down 10 Wilw Street A the park? Mr. Salmon: Well, no, As a matter of fed, we had oonsldered that rl one point; a 4l then during a series of neighborhood meetings, some of the residents on Lakey Street didn't we M sidewalks boa its the houses an Lakey Street specifaM are very close to the street-In some Instances, less than 10 fees. Thole padleular rea dams I I In 32xIa ~1~ FEW o a 0 wow Planning and Zoning Commission Minutes November 11, 1995 Page 21 of 33 didn't want sidewalks between the curb and their houses because there was only 10 feet of property there to begin with. So, we did not put that particular section of sidewalk In this bid that's under construction now. Commissioner EngelbrechL Okay. So, it win go dorm to Morse and Ih in you can go down.... Mr. Salmon; You can either go-well.- Commissioner Engelbrecht: Yes, go down Duncan. Mr. Salmon Right. You tan go down to Bushy Street... Commissioner Engelbrecht: Bushy Street. l Mr. Salmon: ...which is this street here and then we would hope that at some point in time, the sidewalk wi0 be cont;nued along Robertson. Commissioner , ngelbrechl; Okay. As I recall, the streets-Ws houser o-i Hill do not aft any further bade from the street than they co on Lakey and padiculary down toward the nor Into rset.fon with Morse. Mr. Salmon Right. Down at this end, the house: may be a little bit •.4 tser to the air set. Up at this end where the subject property Is, the houses art back a little bit furthe f on this side: and then, of course, the houses on Boardwalk a td Park an face Boardwalk and Park, and so you have the aide of the houses on the west side of the street. Commissioner Engelbrechl. Yes. Okay. Any oVxr questions for staff? Okay. Thank you. I've received om card, M,. Coleman)Wendoll Woods would like to come down, and N you would, give us your name and business address for the record Mr. Coleman I'll be glad to My name Is Bill Coleman. I'm with Coleman and Associates Surveying. My business address Is 220 East Sycamore $trxt here In the city of Denton. Mr. Woods asked me to represent him In matters of trying to get a building permit so he could build a house, and this variance was one of the Items wl we undertook. A little bit of background to answer some of the questions that I heard you directed at staff--M r. Wood's father owned this property prior to 1973. In 1973, he dlvvlad k up among his children and created eight parcel.- did not file a plat. Since then, the individual broken and sisters who own the property-there are two houses on the eight acres. I believe at this time, He want o build a house now. He just recently refired i Ad wants to bull a house to live out the rest of his years. He starlet! In June coming to the City of Donlon going, Wen, I've got me a builder and I want to build a hoi se and I've got this piece of land. What's I do?' Here yr v are. During his conversations with the City. I don't know M they're In your backup, but we have several letters, tvro letters from the Cly of Denton. Do you have them-dated August the 10th fiom Rick Svehla and gated September the 9th. They don't have those? Okay Mr Powell, Mr. Coleman, there's a lot of print there. Could you just Mr Coleman: Yes, I Just want to,. 1 Mr. Powell: ,.,not ectualty read k but. . e Mr Coleman: I'll stick It up there. I'll Ng'ilighl n. In essence, it starts out, 'Sorry q took so long to get back to your particular problem trying to build a house' then goes on to say that, 'A local surveyor platting, a local surveys would probably charge In the vicinity of 53,500 to take your process through the City. The cost to curb and gutter h estimated to be about St,500 plus $800 fa pavement Cost of the sidewalk is 52,200.' And then he goes on to explain the process In this letter. Over hereon September 9, he comes along and talks about having to extend the sewer line frcm on exlstir 9 manhole up to serve the house and that cost would be $5,309 of which he's deducting $1,350 for two sewer laps, and I believe now Mr, Woods only needs one. They had talked atwert two at the time O and that the City would put n In and charge 6016-Irts cost being $3.490 of that part. Last Item on page two Is the impact fee of an additional cost of $2,527. 1 added an of these numbers up, and the reason that Mr. Woods asked 4 for Ih!s as on ex, ;lion is that N you total an them up, It comes to 516,92, Thal he has to spend M additlon to the lime-whal Is n? It's almost Thanksgiving, hnY 9, before he can get his Dulling permh. Now, with a variance for the sidewalk, he will only have to spend $14,4211* get his bulling permit. That's the bash of our asking for the variance. Are there any questions? I 10. I ~~..tt aa~.li..,/,i.Y~jN3.,~.+-...ri:~'rir~ `~'w*~• ~Y ~ ~ .1 .J.~ .C ~ l..J W I I Planning and Zoning Commission Minutes November 11, 1998 Pegs 22 of 33 I Mr. Powell: Yes, I have a couple, 610. Mr. Woods, this may seem like a personal question, and Y you don't want to answer ft. that's fine. Tell me where your father got the land'? Mr, Woods 'Vell, he bought it. Mr. Powei From Ine City or from, you know, another.... Mr. Woods: Mother person. He bought k from another person way back In there I was born and raised up there in that house, Mr. Powell: Okay. I understood Ir.s::t._i-n 6- sea there were the houses that were in Quaker Town. l Mr. Woods Well, the one I was born in was in Quaker Town. He bought that land up there and moved the house. r He was living In Quake then, and he moved the house up there on Hill Street. Mr Powell: Oka;. I have a personal Interest In this because back in about '90 or '91, 1 got Involved h a situation over there because the City was sending these property owners notices that if they didn't cut their trees down- believe this or not, this to M the City of Demon and I'm factual here-that N they didn't cut their trees down, the city was going to go In "to and Cut the trees down and charge them to N. At the time I had a radlc program, and I put It on the radio, and the audience was aghast that In the City of Denton, the City was going to charge these people that' ad been moved out of Quaker Town to these okd houses M they did not t rl their trees down. I know you look at me like I'm nuts, but believe me, h was factual, and It was because thore were tome birds nesting over there, and the City didn't want the birds, and they wera going to make the property owners Cut the trees down or else Charge them for It And I puw. I barleys, your Dad on the radio; and by the tone he finished, we had more alts than we could handle, and the City backed off, and an of a sudden they didn't need to charge you to Cut those trees down. It don't know H the tre:.s were ever out down or not, but there's a history here for some reason on this sheet of N Costing a lot of money to Iwe there. And now we're looking at, what-$22,000 did you gay, or $16,000.... Mr, Coleman: $16,621, Mr. Powell : You can remember how eloquently I argued when we talked about Impact fees for people who wanted to build Ihelr cues house-that the cost was exorbnont today, and were adding Impact fc,as to N again. Md now we're adding 12,200 lot a sidewalk that gx3 nowhere, and you can't see a sidewalk fir Im the front of this house N you had binoculars Mr Woods There's oo idawetks at ell oo around there. Mr. Powell: I understand that, sir. This was the burning reason I argued time and time again that Impact feet shou4l have some relief I • peuple who wanted to b'aid'half toil house in a low Income area. We totally need new housing In this ,,as, :nd we're pricing him oo : of the mrrket with fees. Now, maybe you know, Mr. Coleman-tell ma the tow value of that lol. Does any uy know whet the Tax AssesswtOollectof or whatever says it's word? Mr. Coteme,t I don't think I have that Information. Mr. Powell , Well, N would be Waresling to know the value of the lot and then look of the vhlue of the fees Involved A In getting s perms, It just seems tome that the City of lrenlon sometimes goes berserk. And they don't consider the pradicarrty of things had I'll hush. Ms. Gourdie. Well, thel's fart of what we need to do with our ordinances In developing, we have to follow -what- our guidelines; and N everyone's going to charpr this horrendous tom of money, then everyone's getting charged this horrendous amount, as" as-Urn not to/ing h was right and I agree with you. Yfa need to enorurage h fln, but first and foremost, ft's a shame, but we es a Planning and Zoning Commission, we have that sbllay to Change things and we have to make N happen. a Mr. Rishel: 11 looks to me like Mr. Coleman and Mr. Woods are just kxddrg for sidewalk refiel here. C ay Mr. Poweii, I understand that, but I think you have to leak at the wtrole picture, and I don't know that we would have unless I brought N up, q 32 s o _i ~xw Planning and Zoning Commission Minutes November 111, 1996 Papa 23 of 33 Mr. Mahal, All t ey've requested aphis point in time is a variance on the sidewalk then. Mr. Powell: Correct. , Mr. Mahal And I did take the time to look at this piece of property and was very Impressed with the fed that you could probably take this piece of property and divlde ft into four or Ave lots and build four or five houses on this, and what you're asking us to do Is waive sidewalks to you can build one house and improve the neighborhood and have something that's part of your family and been part of your femlly for along, long time. I personatly appreciate that. Commissioner Engeft rechl: Are there any other questions or comments for the petitioner? Mr. Powell: I think I've run W. Thank you. Commissioner EngelorechC Thank you. Mr. Coleman: Thank you. Commissioner Engelbrecht: Just a comment to Mr. Powell--t remember the arguments. I dent know If I rememher the eloquence or not. Mr. Powell: I was waking for something w that. Commissioner Engebrechl: Is there anyone else present who would like to speak 10 this petition? Anyone also present who would like to speak to the petition? That being the case, the pubthe helft to dosed. Mr. Salmon, any final comment from the Nall? Commissioners, any questions for staff or comments of a motion? Mr. Powell: 1 have a motion. ` Commissioner EngeUechl: Yes, Mr, Powell. Ir Mr. Powell: I would move that we racornmend 10 the C y Council that the variance of Section 34-111(17) be accepted. Ms. Garner: Second. Commissioner Engetbreeht It's been moved and seconded to recommend the variance as requested by the petitioner. Commissioners, any discussion or comments on the motion? Me, Gourdie Do need to mak"sn't, that's just the section, doesn't wy-I meo. do we have to say Wendel Wood "'m just woniering A that, if k's Just,.., Commissioner EngeRHecht I think we covered 4okey. Mr. Powell I'm wining to accept a friendly amendment here. Ms. Gourdie: I'm just curious because the section, you know, v xlance of the Cade of Ordinances N whet you stated. You didn't really say what the subdivision was to I'm just kind of curious it there necessary PY tha pubAc record. Commissioner EngcTbrecht. You might ask legal.., Ms. Gourdie, I just want to make sure M happens. Comr ilssloner Enpelbrechl: ...whether o generN motion to deny the varlance or do wa need to put In this apedAcs In the motion In order to make sure K's legal with regard to.... Mr Martine I think as long as you odd the wording that Chairman put down 'd applied for by the potAbner,' that 0 would cover ft Mr Powell: I will accept that as a friendly amendment horn the Chakman. i i 12. 32 x l 0 0 5 P"..ng and Zoning Commtaalon Minutes November 11, Page 24 of 33 Commissioner Engelbrechl: M right. Any other comments or discussion on the motion? , Mr. Moreno: Ouestbn, Mr. Chairman. Do we have to stipulate why we're granting the variance or Just (Inetr lake) the variance? Commissioner Engelbrecht: - No, I dxel--we don't hove to stipulate, and basically I think we've done that In our discussion and questioning of the petitioner. Mr. Marano: M right. Thank you. Commissioner Engelbrechl: Any other discussion? In that case, all In favor of the motion, please raise your right hand. Motion carries unanimously, (7-0) b. Cor ib r approval of the I rellminary plat for Lot A, Block 1 of the Wendall E, Woods Subdivision. The 1.17-acre tract Is zoned Single Farri (III The proposed use is see (1) einglsdamlly residential lot. (PP46.101, Wendell E. Woods Subdivision, Trine McElrealh) Commissioner Engelbrecht: That moves us Into ham 6b. which Is oonslder approval of the preliminary plat of Lot A Block 1 of the Wendell E, Woods Subdivision. The 1.1?-we trail is zoned Single Family-7, The proposed 1 use Is one single-family residential M. Ms. McElrealh.,. Ms. Trlns McElreath presented the staff report. Ms. McElrealh: Thank you, Mr. Chair. Commissioner EngelbrechL ...w10 provide the staff report. Ms. McElrealh: The only thing I really think I need to highlight In this Is that the property was divided by metes end bounds and deeded by will of testament. Therefore, IN* property Itself can stand slants In a preliminary and final plat, Normally, we would ask that all of the oonneded property under the same owners 14 be preliminary platted, and then we would final plat the single lot; but since it was divided by will and testament, that Is considered legal and binding over and above City ordinance, so that is why It's wmlng to you in this conffgter0on. The reason It's on the Individual Consideration agenda is because of the variance So, staff recommends approval of the preliminary plat. Commissioner Engelbrecht: Thank you. I might rsk M vrs need to say'wfth the variance approved' or...? Ms. McEleath: Actually, we need to say 'conditional.' It would be conditional upon CRY Cowws @Cron on the variance. Commissioner Engelbrecht: Okay. Any questions for staff? M M. Is there anyone who would Ike to address the Commission wt,;, regard to this particular petRlan9 Anyone present who would tike add" the Commisskre with regard to this petition? That being the case, the public hearing Is closed. Ms. McEkeath, any final stall remarks? w Ms. McElrealh: Nc .Ir. Commissioner Engelbrecht: Cor smisslaners, any questions of staff or a mo0on? Yes, Mr. Rishel. Mr. Rishel: I'd like to kncw Iftin r vegetable garden in the back Is yours or the property lothe Immediate north? Commissloner Engelbrecht: It sounds to me like you War pvt a fens around that 9relty soon. ter. Rishel to the vegetable garden yours or N the nelghbor to the Immediate north of your property? Mr. Woody. That's mine. 0 y, Mr. RisheL Good hxk in gan,ening. Mr. Woods: Thank you. J{ 13, { X,~ x n ;?2x10 o p I Agenda No 7g6 04~ Apanda hm Data i Z - AGENDA INFORMATION SHEET AGENDA DATE: December 8`,1998 r DEPARTMENT: Planning and Development Department CbVDCni/ACM: Rick Svehla ` SUBJECT I Consider adoption of an ordinance of the City of Denton, Texas, amending Chapter 35 "Zoning" of the Code of Ordinances of the City of Denton by adopting Article XI "Corridor Overlay District"; providing a classification for designating roadways in Denton; establishing a site plan review process, establishing landscaping, architectural, screening, outdoor storage, limited visibility land use, traffic circulation, and sign guidelines; providing for a penalty in the maximum amount of s2,ooo.oo for the violation thereof; providing a severability clause; providing a savings clause and providing for an effective date. (The Planning and Zoning Commission recommends no further consideration of the draft ordinance, 4.3). BACKGROUND A joint City Council / Planning & Zoning Commission public hearing occurred on November 17'h 1998 to hear comments regarding the Draft Interim Corridors Ordinance. The draft b ordinance is attached as Exhibit A. On December 2nd, 1998, the Planning & Zoning Commission recommended no further consideration of the ordinance by a vote of 4-3 (Apple, Englebrecht, Ganzer, Powell in favor; Gourdy, Moreno, Rishel against). Although a public hearing was not scheduled, four citizens appeared to speak in opposition to the ordinance. Much of the discussion addressed the impact of the proposed regulations on small or existing businesses, and the fact that almost all of the public comments heard expressed opposition to the ordinance. The City Council is scheduled to take action on the ordinance on December 8'h, 1998. If approved as Grafted, the effective date of the ordinance would be March 13'h, 1998. The likelihood of mid- project disruptions would be minimized if given a 3-month window to complete the development review process. The current draft of the Corridor Ordinance is identical to that discussed by City Council during ' the November 101h, 1998,A ork session and at the joint public hearing held on November 17'h, 1998. A majority of the 99 people who spoke at the joint public hearing expressed opposition to the ordinance. The Board of the Chamber of Commerce submitted its recommendation (attached as Exhibit C), which endorses the draft ordinance if Section 35-417(b)(8), which refers to "Limited Visibility Land Uses," is deleted. The draft ordinance combines a site plan review process with design guidelines to allow consideration of individual property features and development rharacleristics. According to the i attached ordinance, owners of property within a designated corridor must submit specific site 0 • plan information for P&Z and City Council review and approval. Unless accompanied by a request for a zoning change, planned development detailed plan, or specific use permit, the site plan review procedure would not requi: ; a p,tblic nearing and oould be processed within a three to four week period 1 32X10 , p . f ESTIMATED SCHEDULE OF PROJECT City Council Action December 8'h,1998 Proposed Effective Date March 15'h, 1999 PRIOR ACTION/REVIEW OrIeloal Formett Re2viated Standards (No Site Plan Review) January 1998 Corridors Ordinance scheduled by City Council April 28"', 1998 City Council Work Session f May 130, 1998 Planning & Zoning Commission Work Session May 21'x, 1998 P & Z Public Hearing and recommendation of approval, 4-1 May 29", 1998 City Staff/ Chamber of Commerce Meeting June 2"4 , 1998 City Council Public Hearing June 9'h,1998 City Council Work Session (Alternative notification) June 16'h, 1998 City Council Regular Meeting (Alternative notification ordinance) June 24'h, 1998 City Staff / Chamber of Commerce Meeting July 10`h, 1998 City Staff/ Chamber of Commerce Meeting July 24'h,1998 City Staff lChamber ofCommerce Meeting July 28'% 1998 City Council Work Session August 0, 1998 Joint City Council / P & Z Commission Public Hearing August 11'h, 1998 City Council Work Session Revisedmat: Flexible Culdclines (With Site Plaa Revlew) August 25` , 1998 City Staff! Chamber Task Force Meeting September 9'h, 1998 City Council Work Session September 24'h, 1998 City Staff /Chamber Task Force Meeting October 8'h, 1998 City Staff/ Chamber Task Force Meeting October 13'h, 1998 City Council Work Session October 14'h, 1998 Planning & Zoning Commission Briefing October 20'h, 1998 City Council Alternative Notification Ordinance October 28'h, 1998 Planning & Zoning Commission Work Session November 10'",1998 City Council Work Sess,on November I I h, 1998 City Staff/ Chamber Task Force Meeting November 12'h,1998 Chamber orCommerce Board Meeting November 0 h'1998 Joint Council / P&Z Public Hearing December 2"d, 1998 P&Z Advisory Recommendation (Disapproval, 4.3) Approximately 3,144 acres of land will be affected if the draft ordinance is adopted, as per Table 1. An earlier table indicated that about 5,908 acres of land would have been affected had the original version of the ordinance been adopter. 4t„ 2~i 32xI0 o Alfa;FW i i i i TABLE 1. Zoning Categories of Land Located Within Designated Corridors i Revised Formal: Flexible Guidelines 'lth Site Plan Review `o >.3 ~a.c IN. ..~o Designated 0 F° 04 Corridor 0 3 Acres % Acres % Acres % Acres 1.35W G _1!9 33% 248 55% 53 12% 450 1.35N &E G 179 200No 182 200/9 537 60% 898 Loo 288 G 128 18% 186 27% 379 55% 693 1H21380 E E _8 4% 97 500/0 87 46% 191 Hwy 380 W E 16 8% 143 72% 39 20% 198 Hwy 77 E 19 11% 66 37% 95 52% 180 FM 2164 Locust E 62 65% 32 34°io 1 1% 95 Sherman Dr, E 17 31°io 38 69% 0 0% 55 FM 2181(Teaslcy) E 22 11% 108 52% R0 38% 210 US 377 Ft, Worth Dr. E 14 8°,/a 69 40% 69 52% 172 TOTAL 614 20Y° 1169 37% 1 60 43% 3,143 Note, This table reflects only portions of parcels located within designated corridors, reflecting the intent of the revised draft ordinance In addition, Hwy 380 has been reclassified as an Entranceway and E. McKinney St. has been dropped from the proposed Corridors list entirely. OPTIONS 1. Approve the ordinance as drafted. 2. Approve the ordinance as recommended by the Chamber !-I ud by deleting all references to the "Limited Visibility Uses." 3, postpone ordinance action pending further review and revisions. 4. Remove the ordinance from further consideration. RECONJIM ENDATIONS Staff feels that the draft ordinance represents a compromise to address visual quality issues for • thoroughfare corridors on an interim basis. Standards should be developed for each corridor on an individual basis in the longer term, and Council should relinquish its site plan review responsibilities once the standards are adopted. The dialogue between the Chamber of Commerce Task Force and city staff worked well, and should be viewed as a promising conflict resolution method when similar situations arise. • The drall ordinance does not contain any special review requirements for the list of "Limited p Visibility Land Uses"; therefore, these uses will treated the same as land uses not listed. Staff believes that the "Limited Visibility Land Uses" section does not affect the technical operation of IZV the ordinance. The format of the draft ordinance is specifically designed to address visual quality performance guidelines. Zoning and land use decisions that are made by Council must be 3 4 i ~TAM ; r 0 [ 1 14Ito FAA , considered as a separate matter, following state-mandated public hearing and notification ` requirements. FISCAL INFORMATION By shifting from prescriptive standards that can be administered by staff to flexible guidelines that require City Council review, additional resources and time will be necessary to produce staff reports and process design review applications. Council site plan review i3 not regarded by staff as the best way to accomplish Thoroughfare Corridor objectives; rather, the review process is viewed as an interim approach that should give way to specific Corridor standards that are generated after the Comprehensive Plan process is completed. ATTACHMENTS Exhibit A, Draft Corridors Ordinance Meeting Exhibit: Corridors Map Respectfully submitted: Hill Director of Planning and Development r 1 4 ' S} 25 32 X; s reeaia~ o DRAFT CORRIDORS ORDINANCE Prepared for December 811, 1998 City Council Meeting Deliberations ORDINANCE NO, AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 35 "ZONING" CODE OF ORDINANCES OF THE CITY OF DENTOPf BY ADOPTING ARTICLE XI "CORRIDOR OVERLAY D:STRTCT"; PROVIDING A CLASSIFICATION FOR DESIGNATING ROADWAYS IN DENTON; ESTABLISHING A SITE PLAN REVIEW PROCESS, ESTABLISHING LANDSCAPING, ARCHITECTURAL, SCREENING, OUTDOOR STORAGE, LIMITED VISIBILITY LAND USE, TRAFFIC CIRCULATION, AND SIGN GUIDELINES; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR THE VIOLATION THEREOF; PROViD1N'G A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Denton City Council has determined tha. major thoroughfare corridors impact the co nmunity's visual image; and WHERE/,S, the City Council finds that it is in the publi 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 establislunent of overlay districts and site plan review guidelines is necessary to protect, preserve, and enhance the visual image of major thoroughfare corridors; and WHEREAS, site plan review guidelines regarding landscaping, architectural features, setbacks, screening. limited visibility land uses, traffic circulation, a^d signage are necessary to evaluate the aspects of proposed development that affect the aesthetics of the corridors; and 1 WHEREAS, the City Council has conducted public herrings on the proposed regulations contained herein NOW THEREFORE, THE. COUNCIL OF THE CITY OF DEN] ON, TEXAS HEREBY ORDAINS; SECTION 1. That Chapter 33 "Zoning" of the Code of Ordinances of the City of Denton, Texas is hereby amended by the adoption of Title XI, entitled "Corridor Overlay Diorict," so that hereafter said title shall be and read as follows! 1 See. 35-411. Short Title and Scope. p 0 This article shall be known and maybe cited as the Corridor Overlay Districts Ordinance. This article is creating new districts that overlay current zoning districts, If a conflict arises between the j underlying zoning district and the provisions of the Corridor Overlay Districts Ordinance, toe provisions of this article shall take precedence; otherwise, the rules and regulations of the underlying zoning district sliall have full force end effect, S i i a~~' Io 32x10 s ~g 0 Sec.35-412, StalementofPurpose. The inten? of this article is to promote the immediate and long-term public health, safety, economic stability and general welfare of the citizens of Denton by establishing regulations related to access and appearance of designated roadways. This article is intended to promote the following general purposes: 1) To provide a visually attractive environment for those who travel on the City's i thoroughfares; 2) To allow flexible evaluation of individual site characteristics and proposed site design ' features that affect the aesthetic quality of thoroughfare corridors; 3) To establish a positive image for Denton that is visible along its most heavily traveled corridors. 4) To ,ommunicate a sense of order and safety to motorist and pedestrians through development of landscape design, access plans and structural treatments, 5) To retain and enhance land values by creating a sense of visual compatibility along corridors. Sec. 35-413. Classifications. Gateways: 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: a)1.35 N; b) I-WA'; c)1.35 E; and d) Loop 288. 2) Entranceways: Entranceway corridors are 500-feet wide overlay zones that extend 250 feel from the right-of-nay center line for the following segments of primary or secondary thoroughfares: a) U.S. Highway 380 from Primrose Street west to the city limits; b) U.S. Highway 380 from kuddell Street east to the city limits; c) US ilwy 77 from 1-35N to Windsor Drive; d) Teasley Lane (FM 2181); e) Fort Worth Drive (US Highway 377) from W5 E south to the city limits; f) Locust Street (FM 2164) from Loop 288 north to the city limits; and g) Sherman Drive (FM 418) from loop 2K north to the city limits. 3) The provisions of this article shall apply to property along the designated roadway that is • within the city limes. As annexation occurs along the designated roadways the regulations p shat l apply to the area annexed after proper zoning. i b 3 2 ~M SEW o , I Mum" i i I See, 35-414. Applicability. 1) The provisions of this article shall apply to property located within designated corridors as follows; a) Vacant Property: Any tract of land either platted or unplatted which has no ^ development as defined in Section 34-11 of the Code of Ordinance. An exception to this section is a parcel partially located within a designatcd corridor, where proposed new development is exempt from the provisions k,f this article if all features of the expansion are completely outside the condor overlay district. b) Developed Property: Any truer of land which has development as defined in Section 34.11 of the Code of Ordinances on which remodeling, redevelopment, or reconstruction is proposed and that would result in an expansion of gross floor area, parking lot area, or vehicular surface erea. 2) Exemptions a) Active Agricultural and Ranching Uses: Property being used solely for agricultural, j ranching, or livestock production is exempt from the provisions of this article. b) Single-Family Uses: Single-family residential development sh111 be exempt from the E provisions of this article, j c). Developed Property: Developed Property shall be exempted on the followin.; basis: t1 1) Structural Expansion less than 25°,40 of Gross Floor Area less: 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 I less than twenty-L~ a (25) percent, the proposed activity is exempt from the provisions of this article 2) Structural Expansion of Gross Floor Area equal to or greater that 25% Gross Floor Area: When remodeling, red-velopment, or reconstruction is pr,)posed on platted properly that waild expand existing dross floor area of the lot's structure or structmes by twenty-five (25) percent or more, the proposed " expansion will be subject to site pla^ approval procedures described in this . article, An exception to this section is a parcel partially located within a designated corridor, where a proposed expansion is c,cranpl from the provisions of this article if all features of the expansion are completely outside the corridor overlay district. 3) Paving Improvements Only: When parking 1,,t or vehicular surface area t i improvements are proposed that would result in an impervious surface 0 expansion of twenty-five (25) percent or greater, c r would result in impervious p surface reconstruction amounting to twenty-five (25) percent or greater, the requirements of Section 31.7(1) sha'I be applied only to the area where the expansion or reconstruction occurs. This prevision shall apply only when such improvements are not part of a structural remodeling, redevelopment, or recon:aruction proposal. Site plan approval is not required under these 7 f i 32 X 0 O circumstances. Impervious surface resurfacing or repair, which does not involve removal or reestablishment of pavement sub-base materials, is exempt from these requirements, 4) Expansion Cumulative: ',n determining the percentage of expansion of developed property concerning gross floor area, parking lot area, or vehicular surface area, the calculation shall be based upon the size of the development at the time of the effective date of the ordinance, All net, uevelopment after the effective date of the ordinance shall be considered in the calculations, Sec. 415, Site Plan (a) 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, whi-h shall make an advisory recommendation to the City Council. The site plan must be approved by sir. : majority vote of the City Council before a building permit may be issued for the vacant property, i The site plan required by this article shall be submitted by the time abuilding permit application is filed. The site plan maybe submitted as f -ft of an application for a zoning ciiange, a planned ' development, or a specific use permit. In the event that en applicant does not wish to submit a Corridor Guidelines site plan application at the lime a zoning change is requested, the renvired site plan may be reviewed by the Planning and Zoning Commission and C'ty Council separateiy at a later date. (b) A Site Plan for developed property is required when the property is not exempt under Sec, 35- 414(c) of this article. Sec. 35-416. Site Plan Information The site plan required by this article shall contain the following information; (1) Plan View. A plan view, to scale, shalt be submitted identifying the location, size, and ' idcnti ftcation of all proposed site improvement (2) Landscaping. All proposed landscape materials L ail he indicated on the :ite plan, with r )tes i, Jcating consistency with the City's landscape o, finance. (3) Ekrchitcctural Materials. Proposed facade materials shall be identified on the site plan, including the color of proposed structural elements. (4) Fagade Design. An elevation of the front laude shall be included as part of the required site plan submittal (5) Screening. The site plan shall include the location and visual characteistics of all materials used to screen or buffer structural features that project above ground level or beyond structure O walls or roof lines. (6) Mechanical equipment. Mech mical equipment including but not limited to the following, satellite dishes. air conditioning units, antennae, and other features shall be identified on the site plan, and owner shall provide how mechanical equipment will be screened from the section of the thoroughfare directly a'Jacent to the corridor property. Owner shall also shay how any 8 iidwrl s~,N~ ' S K 32 x 01 ' o k i roof-mounted equipment will be integrated into the architectural design of the structure and screened from view. (7) Service Bays, Loading Docks, and Drive-In Lanes: Vehicle repair, service maintenance bays, loading docks, and drive-in lanes shall be identified on the sit- plan. Owner shall provide information as to screening of any bays and docks and drive in lanes or windows on anv structural wall that faces directly toward the adjacent thoroughfare. (8) Traffic Circulation, Site Access and Parking: Site Access, traffic circulation patterns, off-street parking, and all impervious surfaces shall be indicated on the required site plan. (9) Signage: Sign details shall be provided in order to determine compliance with the requirements of Chapter 33 of the Code of Ordinances, "Sign and Advertising Devices." (10) Limited Visibility Uses: Provide details as to the screening efforts of any "limited visibility uses" as listed in this article. (11) Site Information: Acreage, land uses, water and drainage, utilities, sidewalks and bike paths information as defined in Section 35.176 of the City of Denton, Code of Ordinances shall be identified in the site plan. Sec. 35.417, Slit Plan Review, The council may approve the site plan submitted by The owner under this article if i! finds that the site plan: (a)Provides the information required by Section 35-416, (b)1i'ould be compatible with s-Ltr,,unding properties and further the purposes stated in Section 35.412 of this article. In considering whether a site plan is compatible with surrounding propertic, and further the purposes of this article, the commission and council shall consider, but are not limited to considering the following guidelines. (1) Landscaping. Compliance with the landscape requirements of Chapter 31 of the City Code of Ordinances. (i) Plantings: In meeting the requirements of Chapter 31, "Landscape", City Council members will evaluate the use of landscape materials to improve views of the property from the adjacent thoroughfare and how plantings a.c used advantageously for s^recning or buffering purposes. 0 (i) Open Space: Whether the plan has open space along the adjacent thoroughfare to provide trees, shrubs, groundcover, and other plantings for aesthetic purposes. The reservation or a 25-foot wide landscape buffer adjacent to the public right of way is the preferred area of open space. (2) Architecture. CI (i) Materials: The e,dcrior walls of the building facing or clearly visible p immediately adjacent to the corridor should be comprised of wood, stone, cast sterie, stucco, brick, limestone, granite or a similar appearing natural or crear:d masonry material. Tilt-wall construction is considered an acceptable form of masonry material. Metal-clad structures are not typically considered appropriate, but unique arcl itectural design using metal facade clrmtents can be 9 qR NU 0 approved as compatible. Glass used in windows and doors should be consistent with structural aesthetics and the extent to which views of interior uses are appropriate. Facad: exterior glass should not exceed a maximum reflectance of 20%. The use of alternative building materials should be consistent with the appearance of the materials listed above. (ii) Colors: Colors should demonstrate respect for neighboring properties, and should not be intended to serve primarily ss an advertising device. (iii) Design: The design of each structure should include relief to front wall ,utd roolline. Single, uninterrupted surface planes are discouraged, (3) Screening. Efforts to screen certain site features should be undertaken as identified in this article. (i) Mechanical equipment: Mechanical equipment, including satellite dishes, air conditioning units, antennae, and other features should be visually screened front view from the segment of thoroughfare directly adjacent to the corridor properly; roof-mounted equip+lticnt should be integrates into the architectural design or screened from view. (ii) Service Says, Loading Docks, and Drive-in Lanes: Service bays and docks, and drive-in lanes and windows should not be located on any structural wall facing directly toward the adjacent thoroughfare unless modified through the effective use of screening elements. (d) Outdoor Storage Areas: Ouldoor storage areas are defined as any area that contains trash collection areas or dumpsicr 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 relited activities ar. Acluded from this definitioi. (i) Outdoor storage areas must be screened from public tights-of-way using live evergreen screening plants, six (6) feet in height at installation, spaced no more #ban eighteen (19) inches apart, edge to edge. The use of a fence or wall is considered compatible for outdoor storage area screening, ptovtded it is at least 0 six (6) feet tall, opaque, and of masonry, ston:, or wooden material, or of the same material as that of the principal buildinf Earthen berms may be used to melt we vertical height standards identified in this section. If dumpster enclosure openings face public rights-of•wav, they should be gated. (5) Merchandise 111sp:ay: The exterior display of automobiles, trucks, construction equipment, trailers, or other vehicles for the purposes of sale or lease, with the 0 exception of junkyards, must be in compliance with parking lot and vehicular surface 0 • area landscaping requirements. The exterior display of living materials such as a Christmas trees, pumpkins and flowers and similar living landscape plants may be visible Ilium the adjncrat thoroughfare, but the principle intent should be for display purposes and not ou.door storage, and the orientation of the display should fa-e the adjacent thoroughfare. Other types of displays will be considered on an indiviJual 10 hi 32xE11 o ova$" O :YlbM" w i basis, evaluating the visual impact of the proposed display and the extent to which the display serves a storage function. (6) Traffic Circulation, Site Access and Parking. (i) The site plan should allow a safe and efficient flow of traffic in and out of the properly to maximize the capacity of the roadway. Access management principles should be employed to minimize congestion of adjacent roadways. Issues such as comer clearances, driveway spacing, joint access driveways and parallel access roads should be addressed in the site plan. Site plan information should demonstrate that transportation impacts have been minimized while providing necessary site access. 04'fhe extent to which off•strmt parking or other paved areas are located adjacent to a thoroughfare should be limited. Open space and landscape plantings should be used to soflen the impact of paved areas visible from adjacent thoroughfares. Large expanses of uninterrupted pavement should be screened from thoroughfare views. (7) Sign age, (i) Tha site plan should adhere to the requirements of Chapter 33 of the City Code, "Signs and Advertisin j Devices." A sign district should be established as per Section 33.254(2) for corr'dor properties that bare more than three hundred (300) feet of continuous thorougl fare frontage. (g) Limited Visibility Uses (i) Specific "Limited Visibility Land Uses" have been identified as potentially incompatible with the visual quality objectives intended for (he city's major thoroughfare corridors. The site plan should screen or make visually compatible all potentially incompatible site features of "Limited Visibility Land Uses" from corridor view. (ii) Limited Visibility Land Uses include: P;lmary Residential Uses 1) Trailer C1mp or Mobilc Home Park Educational, Institutional and Special Uses 2) Correctional Facility • Utility, Accessory and Incidental Uses 3) Electric Generating Plant 4) E'^ctric Substalior 5) Electrical Transmis-an Line 6) Private Utility Shop or Sludge Yard 7) Public Building, Shop, Yard of Local, State, or Federal Government 8) Sewage Pumping Station • 9) Sewage Treatment Plant 0 • 10) Telephone Line and Exchange Switching or Relay Station 11) Water Pumping Station or Well 1 121 Water Treatment Plant 13) Drag Strip or Commercial Racing 14) Fairground or Exhibition Area II fE ,h.~ 32 x I Q e 0 AdUrIM 1 5) Go-Cart Track 16) Sexually Oriented Business Transportation Related Uses 17) Hauling or Storage Company 18) Motor Freight Terminal 19) Railroad Freight Terminal 10) Railroad Passenger Station 21) Parking Lot Truck Automobile Service Uses k 22) Auto Wrecking or Salvage Yard 23) Tire Retreading or Capping Retail and Service Type Uses 24) Household Appliance Service and Repair (Outside) 13) Secondhand Store, Used Furniture or Rummage Sale 26) Tool or Trailer Rental Agricultural Type Uses 27) Hatchery, Poultry 28) Livestock Auction 29) Livestock Feeding Plant, Pens, or Yards Commercial Type Lst% 30) Contractors Shop and Storage Yard 31) Heavy Machinery Sales and Storage 32) Petroleum Products Storage-Wholesale 33) Storage and Salcs of Furniture or Appliances Outside A Building 34) Trailer Rental or sales 35) Mini-warehouses Natural Resource Storage and Extraction 36) Petroleum Collecting or Storage Facilities Special Industrial Processes 37) Asphalt or Concrete Batching Plant j 38) Brick Kiln or Tile Plant 39) Cement or Hydrated Lime Manufacture 40) Dump or Sanitary Fill Area 41) Mixing or Sale of Concrete 42) Open Salvage Yard for Rags or Machinery etc. 43) Smelter or Refinery r c. Failure to fully comply with this article should not be intended to avoid existing rl,vclopment regulations or gain a variance from code requirements. In making its determination to approve or disapprove the site plan, the council shall consider each site separately. City Council site plan review is intended to be flexible and discretionary, taking into account individual site conditions that may affect visual characteristics, including; n a) Topography 0 ~ b) Adjacent Land Uses 7r~ c) Existing Structures d) Existing Vegetation e) Proximity to Adjacent Thoroughfare f) Site Size ft 10 32X 11 j I g) Site Shape h) Intersection of Designated Corridors i) Easement or Dedication Requirements y SECTION IL That any person violating any provision of this ordinance shall, upon cc eviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION Ill. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held Invalid by any court of competent jurisdiction, such holding shall not effect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such validity. SECTIONSV, That save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of Chapter 35 of the Code of Ordinances shall remain in full force anti effect, SEf.:TtO,Y V. That this ordinance shall become effective on March 15th, 1999, and the City fk Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of passage. PASSED AND APPROVED this the day or., 1998. JACK MILLER, MAYOR * ATTEST: • JENNIFER WALTERS, CITY SECRETARY l BY: • APPROVED AS TO LEGAL FORM: 0 • y HERBERT L, PROUTY, CITY AT fORNEY r BY: I1 f ' 3200 KIM" 0 XMIftim Ape~ida Item _ . Q~J _ Dale__.._1~:_t AGENDA INFORMATION SHEET AGENDA DATE: December 8, 1998 DEPARTMENT: Parks and Recreation CNVDCM/ACM: Rick Svehla, Deputy City Manager ~UR~T An ordinance approving an agreement between the City of I enton, Texas and the Denton Parks Foundation providing for the coordination of operations and activities; authorizing the City Manager to execute the agreement; approving the expenditure of funds therefor; and providing an effective date. BA~VKGROUND The Denton Parks Foundation is a 501(c) (3) Texas non-profit corporation that was established in 1937 to financially support and promote the programs and activities of the Parks and Recreation Department. An ethnically diverse, eleven member board of directors govems the foundation; tae Director of Parks and Recreation serves as a non- voting advisor to the board During the first decade of its existence, the Denton Parks Foundation primarily limited its role to soliciting and disbursing contributions for several community events sponsored by the City, including Cinco de Mayo, Concerts on the Square and the Ms. Mature Denton Pageant. Since 1997, however, the foundation has restructured its board and dramatically increased its fund-raising efforts. Recent examples of foundation activities include: sponsorship of the "Pave the Path" project (over $36,000); • sponsorship of the Adults For Youth In Denton collaborative ($2,500); • solicitation of private contributions to underwrite scholarships for variouq youth 9 activities (over 57,000); • application for and receipt of a grant from Texas Parks and Wildlife to fund an outdoor recreation program for at-risk youth ($16,300); • established the Friends of Denton Parks, an affiliate brarich whose purpose is to generate "grass roots" support for the foundation and the departrrvnt. In order to facilitate the foundation's activities, the Parks and Recreation Department p provides reasonable and incidental clerical services, free advertising, telephone service NhT and the use of department facilities for board meetings. The department also fumished the staff time necessary to coordinate the activities of the department and the foundation, The proposed agreement is intended to ratify and support this mutually beneficial relationship Fate 1 32 X ID i n between the City and the Denton Parks Foundation. The Director of Parks and Recreation will be responsible for the administration of this agreement on behalf of the City, OPTIONS The City Council may direct staff to modify the proposed agreement as it sees fit Should substantive amendments be desired, the agreement will be revised and the foundation will be asked to re-execute the agreement. The revised agreement will then be presented to Council for approval at a later date. RECOMMENDATIQ It is recommended the City Council approve the proposed ordinance and agreement, as presented. PRIOR AMON/REVIEWt The Parks and Recreation Board reviewed the proposed agreement on November 160 and recommends approval. FISCAI, INFORMATIply No additional City funding is required by this agreement. EXHIBITS 1. Ordinance 2. Agreement 3. Park Board minutes i Respectfully submitted: r y s - L Ed Hodney, D'v tot Parks and Recreation Department v, ,1 I i y~ Page 2 f'. 25 10 _ 2XIO s I MAN" U M f ORDINANCE NO. AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE DENTON PARKS FOUNDATION PROVIDING FOR THE COORDINATION OF OPERATIONS AND ACTIVITIES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE, WHEREAS, the Denton Parks Foundation is a Texas non-profit corporation which qualifies as a Section 501(c)(3) IRC ton-profit foundation, which is a non-policy making and non-profit organization formed to maintain an association of persons interested in promoting the programs of the Denton Parks and Recreation Department, including its youth activities, programs for the handicapped, senior citizen activities, and improving the public parks, parkways, and public awareness of the opportunities for improving health and well-being through use of the public facilities and the programs available to the citizens of Denton; and WHEREAS, the Denton Parks Foundation has engaged in extensive fund-raising activities for benefit of the Denton Parks and Recreation Department, and has provided significant support to the Denton Parks and Recreation Department's parks, programs, and facilities; and the continuation of these activities is essential to the maintenance of the Denton Parks and Recreation Department as a high-caliber parks and recreation program serving the needs of Denton's citizens; and WHEREAS, the Denton Parks and Recreation Department and the Denton Parks Foundation coordinate and work in tandem with the common objective of seeking to assure, by the most cost-effective means possible, that the needs and expectations of Denton's citizens regarding quality parks, recreational facilities, and programs are met or exceeded; and WHEREAS, the Denton Parks and Recreation Department and the Denton Parks Foundation desire to ratify and approve tree past actions of the City of Denton, the Denton Parks and Recreation Department, and the Denton Parks Foundation, as well as to express, and to mutually agree, for the future, what their respective roles and responsibilities, rights, and obligations are with respect to each other in this relationship; and WHEREA the City of Denton deems it in the public interest to enter into the attached Agreement with the Denton Parks Foundation providing for the coordination of operations and activities of the City of Denton, its Department of Parks and Recreation, and the Denton Parks Foundation; NOW 1 HEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS, SECTION 1s The City Council hereby approves the "Agreement Between the City of Denton, Texas and the Denton Parks Foundation" (the "Agreement") to provide for the coordination of operations and activities of the City of Denton, the Denton Parks and Recreation Department, and the Denton Parks Foundation, in substantially the form of the Agreement which Page 3 fY qpJ #rr k, 7!j , 10 32X111 1 y, , I I *WAR" 1 I ' r C r 1 I ' r I r r wkwom I ~ is attached to and made a part of this ordinance for all purposes; and that the City Manager is hereby authorized to execute said Agreement. SECTION I'L That the City Council authorizes the expenditure of funds as provided for in the said attached Agreement. SECTION III: That this ordinance shall become effective immediately upon its passage t and approval. 1 r PASSED AND APPROVED this the day of 1998. a i y , JACK MILLER, MAYOR f ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM HERBERT L. PROUTY, CITY ATTORNEY BY: ~T I r r , r. • , r I I ~ e E a t 1 ~ r1.'1111 ' JJ IM1 rrr. Page 4 F Wmred'deau.6UOw lkcumenij'0rdinancah911T4j Foun&Wn Ord doc ` J' I, *F ~ P r L 10 t ~1'!a'w,rMt:e~ 4~c~5 r}~ir{4 n I f~l.rli t 3'h/ li o , 0 M 1 6 , i STATE OF TEXAS § § COUNTY OF DENTON § AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE DENTON PARKS FOUNDATION THIS AGREEMENT is made and entered into as of the day of 1998 between the City of Denton, Texas, hereinafter referred to as the "City", and the Denton Parks Foundation, hereinafter referred to as the "Foundation". WHEREAS, the City and the Foundation provide and make available certain services and benefits to each other; and WHEREAS, the Denton Parks and Recreation Department ("DPARD'), Is a department of the City of Denton, a municipal corporation, whose mission is to enrich the lives of all Denton citizens through environmental enhancements and a diverse offering of recreational, educational, and cultural services; and WHEREAS, providing quality recreational facilities and programs to meet the needs and expectations n,' Denton's citizens often cosu more than City tax monies and other revenues can provide; and it is often necessary for the Denton Parks and Recreation Department to obtain funds from outside private sources to augment the annual operating budget of the DPARD to assure that the DPARD fulfills its mission; and i WHEREAS, the Foundation was formed on May 22, 1987, and was chartered as a Texas 4 Corporation on December 21, 1987, and is duly qualified aS a Section 501(cx3), IRC non-profit foundation. The Articles of Association of the Foundation set forth its purpose as being a non- policy making and non-profit organization to maintain an association of persons interested in promoting the programs of the DPARD, including its youth activities, programs for the handicapped, senior citizen activities, and improving the public parks, parkways, and the public awareness of the opportunities for improving health and well-being through use of the public facilities and programs available to the citizens of Denton The Foundation was generally formed for the purpose of supporting the activities, programs, and facilities of the DPARD; and %k'IIEREAS. the Foundation was formed to perform the following activities, which are legitimate public purposes, to wit: (a) to enlist, direct, organize and encourage community interest and involvement in the acquisition and development of park areas and facilities in Denton; p (b) to enlist, direct, organize, and encourage community participation in planning, financing, studying, and developing recreation areas, facilities, and services in Denton; Page 5 r 10 r 32X10 e , 0 M (c) to promote, solicit, and encoLLrnge contributions from individuals, groups, and organizations, of monies, property, and other items of value by donation, dedication, gift, or bequest, which will benefit the development of existing and future recreation and park services and facilities in Denton; and , (d) to receive, hold, invest, or donate monies or property for benefit of developing existing and future recreatior and park services and facilities in Denton. WHEREAS, the Foundation has engaged in extensive fund-raising activities for the benefit of the DPARD, and has provided significant support to the DPARD's parks, programs, and facilities. The continuation of these activities Is essential to the maintenance of the DPARD as a high-caliber parks and recreation program serving the needs of Denton's citizens; and WHEREAS, the DPARD and the Foundation coordinate and work In tandem with the common objective of seeking to assure, by the most cost-effective means possible, that the needs and expectations of Denton's citizens regarding quality parks and recreational facilities and programs are met or exceeded; and WHEREAS, DPARD and the Foundation desire to ratify and approve the past actions of the City, DPARD, and the Foundation, and to express and to mutually agree, for the future, what their respective roles, responsibilities, rights, and obligations are, to each other in this relationship. NOW THEREFORE, in consideration of the covenants, promises, terms, and provisions contained herein, and for the conside;mlions expressed herein, the City and the Foundation mutually AGREE to the following; ARTICLE 1. SERVICES TO BE PROVIDED BY THE FOUNDATION The Foundation agrees to perform and provide the following services for the benefit of the City of Denton Parks and Recreation Department (1) Design, formulate, and execute fund-raising activities, secure, administer, and provide funds, property, services, or other benefits to the DPARD; (2) Receive, process, administer, and distribute gifts in ac.v dance with the donors' instructions or wishes; (3) Acknowledge all gifts with appropriate receipts and correspondence, and coordinate acknowledgments with the DPARD; • O • (4) Plan and coordinate fund-raising activities with the DPARD; (5) Generate and raise funds sufficient to support its own operating budget; Page 6 - ~ 0 32X10 o 0 I i (6) Ensure that accurate gift records are prepared, maintained, and preserved; (7) Cr duct warch and investigatiun of individuals, foundations, and corporations who might be best qualified as prospective donors of the Foundation and the DPARD; (g) Coordinate and communicate its marketing strategy regarding its programs, solicitations, and fund-raising events with the DPARD; (9) CovAinale all follow-up activity with the DPARD after each solicitation and fund-raising event; (10) Function essentially as a fiduciary entity on behalf of the donor of a gift and on behalf of the DPARD program or activity to be funded or benefited by the gifl; and (I1) Perform such other reasonably necessary fund-raising functions and activities which the DPARD cannot provide itself. ARTICLE 11. OBLIOATIONS OF THE CITY OF DENTON PARKS AND RECREATION DEPARTMENT The City of Denton, Texas, through its Parks and Recreation Department will provide the following to the Foundation: (1) The free use of City of Denton facilities to conduct Foundation meetings; (2) Reasonable space in the offices of the Denton Parks and Recreation Department at the Denton Civic Center at 321 E. McKinney Street, Denton, Texas (the "Civic Center") to the Foundation, to carry out its functions and obligations to the DPARD; (3) Utilities and telephone service reasonably needed by the Foundation to carry out its activities at the Civic Center; (4) Computer time, if reasonably needed by the Foundation, to prepare minutes, to generate receipts, maintain donor histories, correspondence, reports, and other documents related • tc the Foundation carrying out its activities benefiting the DPARD; i (5) Incidental receptionist or clerical support. if reasonably needed by the Foundation, to ans%~er incoming telephone calls made to the Foundation; to receive and process incoming mail to the Foundation; and to maintain a duplicate set of the Foundation's records at the Civic Center offices; e o s (6) Free advertising space in advertisements, brochures, or maps published by the DPARD respecting the Foundation's programs and activities in support of the DPARD; Page 7 M 25 K 1.10 32XI❑ s o (7) The reasonable use of DPARD equipment and personnel, only as needed to coordinate the activities of the Foundation with the operations of the DPARD, The City especially recognizes that its Director of Parks and Recreation, as well as other DPARD staff , may reasonably assist, from time to time, in the Foundation's fund-raising programs or in assisting or coordinating Foundation activitie., with the activities and operations of the DPARD; (8) Reasonable access to non-privileged or non-confidential DPARD files, reports, or other documer s incidental to the performance of the Foundation's function; and (9) A commitment to accept and use gifts from the Foundati on in accordance with the Foundation's and the respective donors' wishes. The DPARD shall not utilize or assume control of Foundation gifts or assets until the same are transferred from the Foundation to the DPARD. ARTICLE Ill. THE TERM OF AGREEMENT To the extent allowed by state law, this Agreement shall remain in full force and effect until terminated by either party or until it is superseded by a subsequent agreement of the parties. l ARTICLE IV. II ASSURANCES BY THE PARTIES A. The Board of Directors of the Foundation assures the DPARD that the activities of tie Foundation will be in support of the objectives, goals, and priorities of the DPARD, as communicated to it by the City of Denton Director of Parks and Recreation. The Director of Parks and Recreation assures the Foundation, on behalf of the City of Denton, that the resources made available to the City Parks and Recreation Department through the Foundation, will be allocated and utilized proporly. B. At least once a year, the Foundation will report to the DPARD on the fund-raising activities condccted during that period. C. At the close of each fiscal year, an independent certified public accounting firm will be engaged by the Foundation to account for and audit all funds and properties received, and to reader a report to the Board of Directors of the Foundation and to the Director of the DPARD. ARTICLE V. DISBURSEMENTS BY THE FOUNDATION Disbursements from Foundation accounts, and any distribution of property or services provided to the DPARD by the Foundation, will be supervised by the Foundation's treasurer, and will be made only for expenditures consistent with the explicit purposes for which the accounts O y were established and any restrictions stipulated by the donors. Each disbursement shall be fully cumented. J~4 do Pa~geefJh w I 2tix~Q 32XI u e I I ARTICLE Vt. DISPUTE RESOLUTION The Fomdation and the City agree that, in the event a dispute arises under this Agreement, that they will each use their best efforts to resolve any disputes through the use tf mediation or ot'x!r forms of alternate dispute resolution which a set forth in Chapter 154 of thw Texas Civil PnKfce and Remedies Code (V.A.T.C.S.). alIS'LE VIL ADMINISTRATION I OF AGREEMEW The President of the Foundation shall be the officer responsible for administration of the Agreement for the Foundaton. The Director of the City of Denton Parks aad Recreation 4 Department shall be the City staff member responsible for the administration of this Agreement on behalf of the City. ARTICLE VIII. This Agreement is solely between the parties and cannot be assigned to another party without the express advance written approval of the non-assigning party. ARTICLE IX. MODIFICATION OF AGREEMENT No modification of this Agreement shall be effective unless it is in writing and signed by both parties to the Agreement. ARTICLEX, GOVERNING LAW AND VENUE This Agreement is subject to, governed by, and shall be construed under the laws of the State of Texas, and In acr;ordance with Texas Attorney General Opinion No. MW-373 or othtl applicable subsequent "exaq Attorney General Opinions. Venue of any suit or cause of acdcn arising under this Agreement shall lie exclusively in Denton County, Texas. ARTICLE Xl. SEVERABILITY If cny provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement, and shall not cause the remainder of this Agreement to be invalid or . unenforceable. In such event, the parties shall r6orrn this Agreement to replace such stricken ~ O 0 provision with a slid and enforceable provision which comes as close as possible to expressing .j the intention of the parties hereto respecting the stH.;ken provision. PaP 9 ~,Kla 32,X 'Mm 1 ARTICLE XII. ' CAPTIONS The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions & f this Agreement. IN WITNESS WHEREOF, the City and the Foundation have executed this Agreement in duplicate original cotnterparts; the City acting by and through its duly-authorized City Manager; and the Foundation acting by and through its duly-authorized undersigned officer, on this the day of ,1998. "CITY" CITY OF DENTON, TEXAS fB~ MICHAEL W. JEZ, CITY MANAGER ATTEST; JENNIFER WALTERS, CITY SECRETARY BY:_ APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: " "FOUNDATION" • DENTON PARKS FOUNDATION BY: • ATTEST; • BY eL~Our F:Wur ed~de cumemtKonV*U\99'Pwb Foundubn Cmuw 6o. i Page 10 hG 32 v 10 gin 9 0 i DRAFT Parks and Recreation Board Minutes November 16, 1948 Senior Center Members present: lion Edwards, Dalton Gregory, and Dale Yeatts. Stall present: Bob Tickner, Kathy Mosby, a:.d Janie McLeod. Others present: Stephen Cook, Planning Oepartment Jan Springer and Larry Mason with Denton Boys Baseball, Inc. Chairman Don Edwards called the meeting to order at 6:00 p.m. The minutes from the September 21, 1998, meeting was approved by a motion made by Dalton Gregory and seconded by Dale Yeatts, CITIZEN'S REPORT Jan Springer and Larry Mason, board members with the Denton Boys Baseball, Inc. (DBBI) requested that the Board reconsider letting the spring soccer and baseball seasons overlap. Mrs. Spring said the DBI31 bard members met with the Denton Soccer Association and were unable to come to an agreement. Mrs. Springer stated she has received several complaints due to the late start of the season. Some of the DBBI's concerns included: a loss of players if the season goes past the end of school; the older boys can't pitch in as many games due to pitching rules; and it is difficult to schedule any make up games due to rain-outs, Mr. Mason said it is difficult to have the kids play 2-3 games a week and have practices, too. Mrs. Springer said that in the 1998 Spring season that only 14% of children participated in both sports. Mr. Mason and Mrs. Springer said that the DBBI Board is requesting that the Board considers reviewing the agreement again and give some leeway to allow the baseball season to overlap with soccer. Dalton Gregory asked how many games were required to be played. Mrs. Springer said they are required to play 12 games but they try to play each of the teams, which increases the number of games played. Mrs. Springer said the first game they can begin playing is April 21"; and soccer ends April 18. She added that the tournaments begin the first or second week of June leaving tittle time to play each team in the league by the end of May. The Park Board decided to table the item to the next board meeting. i DISCUSSION ITEMS ! i Growth Management Strategy. Stephen Cook, with the City Planning Department, presented to the Board the projected development for the city in year 2020. Cook discussed the four t characteristics or growth: quality, quantity, location and timing of growth. Cook discussed the • growth management plan's basic assumptions which included the estimated population; mix land use; zoning mix; the average residential, multi family, and estate densities; and the development O A , of existing center City and university campuses. Cook concluded w1i general and specific recommendations for the growth management strategy. Cook said the plan is expected to be adopted in January and welcomed the Board's Input. Page 1I I t ~~10 32 x.❑ 40- o , } I I Parks and Recreation Board Meeting November 16, 1998 Page 2 Dalton Gregory asked if the plan would include more than one major route to Dallas. Cook said the D.A.R.T. system may be expanded to Denton, along the Rail Trail corridor. FY 1997-'98 Yearend Report and FY 1998-'99 Annual Action Plan. Bob Ticknor reviewed the Year-end Report and the Annual Action Plan. The Board had no questions for staff and had positive comment on the accomplishments of the department. Dale Yeatts offered one of his l1NT Community Development classes as a project could work on a survey for PARD in the Fall. ACTION ITEMS Naming of the Chic Center Bridge. Dale Yeatts and Dalton Gregory were requested to serve on the naming of the bridge committee. They recommended that the Civic Center Bridge be named the Denton Festival Bridge, A motion to name the bridge the Denton Festival Bridge was made by Yeatts and seconded by Gregory. The motion passed unanimously, P Operating Agreement Bet%ven the City and the Denton Parks F'oundati'on. Bob Ticknor discussed operating agreement that outlines the limits and responsibilities of the Parks Foundation. A motion made by Dalton Gregory and seconded by Dale Yeatts to approve the Operating Agreement between the City and the Denton Parks Foundation. The motion passed unanimously. DIRECTOR'S REPORT Report on Recreation Center Eupantion Project. Kathy Mosby said the construction contract for the renovation of the North Lakes and Denia recreation centers was awarded to McWilliams Enterprises, Inc. The estimated cost of the renovation Is $1,399,400, which includes the addition of approximately 6,000 square feet and has four alternates. The centers will close on November 20th at the end -if the day and the gym areas will reopen on November 300i. Mosby said that McMath Middle School would handle the overflow while the gym floors are being resurfaced. The renovations are expected to be completed in July or August 1999. Project Status Report. Bob Ticknor reviewed the distributed status report. Ticknor said the Nette Shultz Park improvements will begin In February and should be completed in Spring. . Items for Next Aleeting, The Youth Sports Agreement. 0 ' There being no further business, the meeting adjourned at 7:30 p.m. Page 12 32 X I0 +i 0 t Agonda Na _ _7~! p✓_.. agenda Item_ .3f V ate AGENDA INFORMATION SHEET AGENDA DATE: December 8, 1998 DEPARTMENT: Economic Develop,nent ACM: Kathy DuBose, Assistant City Manager, Fiscal Management & Municipal Services y\~' 5UBJEC~ Consider an ordinance authorizing the first amendment to airport lease agreement commercial/FBO between the City of Denton and Ezell Aviation, Inc,; and providing for an effective dale, BACK,QRQUN In May 1997, the Fox-51 fixed base operation (FBO) and commercial hangars owned by Mr. Strickler were assigned to Ezell Air. In addition to taking over the premises leased by Mr. Strickler, Ezell Air leased an additional 120,841 square feet or 2,774 acres for future FBO development. The additional 2.774 acres were to be utilized in a proposed $900,000 project which included: ~o Construction of a new 44,000 square foot hangar and office facility with taxiway and 4 aircraft apron. The facility was to be used for the re-manufacturing of antique World War I I aircraft. i Construction of an airport cafdrdeli consisting of 7,000 square feet. When the Ezell's began meeting with contractors, Building Inspections ar'd representatives from the Fire Marshal's office, they discovered that their initial estimates I to construct The 44,000 square foot facility and ramp area were far too low. The cost for the required fire suppression system alone increased the project cost by twenty-five percent. • I'.zell Air remains committed to relocating their aircraft re-manufacturing operation to the Denton Airport and requests that their revised project be approved, The estimated total investment has grown from 5900,000 to $1.4 million and will i elude the following; i Remodel of existing FBO facility ! > Upgrade to fueling sysh:m resulting in increased fuel sales 0 > Construction of 70,000 square foot VALUis aircraft apron p > Construction of a minimum of 12,000 square feet of hangar space for re- manufacturing shop, office and paint shop. Ezell Air Intends to construct additional structures for a total of 20,000 square feet. - - ax sit i' K ~ 32XI❑ . o , t Ezell Air has already invested approximately $172,000 in completing the first three phases of their plan, leaving only the hangar and ramp construction to be completed. In return for constructing the 70,000 square foot public aircraft apron, Ezell Air is requesting we discount their FBO lease by one cent for five years. The cost to construct the public apron was approximately $100,000. The total five-year discount will amount to $12,545 or 12.5% of the cost. Ezell Air gill be responsible for maintenance costs for the apron for a three-year period. OPTIONS 1. Require Ezell Air to honor the current lease agreement requiring the 44,000 square foot building and 7,000 square foot cafb/deli. Ii. Amend current lease as proposed. III. Amend current lease with exception of participation in ramp construction casts, RECOMMENDATION Staff and the Airport Advisory Board recommend Option It. Although the size of the proposed hangar is mu,3h smaller, Ezell Air will invest much more than originally ` proposed (increased from $900,000 to $1.4 million). Requiring Ezell Air to build a 44,000 square foot facility would cause them to default on their lease, as the cost to build the larger facility is prohibitive. Staff and the Airport Advisory Board also believe the five-year discount of one cent on a portion of the land lease is appropriate. It is consistent with previous leases where tenants have made public improvements. Had the City participated with TxDOT to construct the public apron, we would have been required to match ten percent, or $10,000. Since this apron was not in our upcoming "projects" list with TxDOT, it would not have been constructed for at least two years. The amendment also requires that Ezell Air maintain the apron for the three-year term, relieving the City of any maintenance costs for the three-year period. E,T UATED SCHEDULE OF PROJECT • If approvc6, 'he amendment becomes effective December I, 1998 and continues through the 30 day of April 2027 (the same date the current lease ends). The discount of the (case for apron construction would be for a period of five (5) years beginning January 1, 1999. PRIOR ACTIONIREVIEW • The Airport Advisory Board recommends approval of the amendment. 0 • 2 - +w,r o X 32 r , FISCAL. INFORMATION k The lease rate for the additional FBO property is $0.061 per square foot. The amendment provides for a discount of $.01 per square foot of the FBO Lease (250,908 sq, ft.). The discount would be for five years in the amount of $2,509.08 per year or a total of $12,545.40 over the five-year period. In addition, the increased investment will generate an additional $50,000 over the term of the lease. EXHIBITS Ordinance Lease Amendment Lease Agreement Respectfully submitted: "fit, A Linda Ratliff, Director- Economic Development Department Prepared by: Mark Nelson Airport Manager f I L: F a„ I ~ ~P rf F a tiY{yN~orY + M1 2 `'1 32X O , s err. o ' r j . _ ..+.,,,w...,.c=.... . ,mow , , ORbINANCE NO. AN OrtDINANCE AU171UR17.iN0 TfIE F1RST AMENDMENT 'CO AIRPORT LEASE A NC AND ERROV~1Nd OR AN EFFECTIVE DATE, DENTON AND LZELL ' AVIATION, WHEREAS, ecrlain teal property 111,011 the Denton Municipal Airport was Icase(1 to El,ell Aviation, Ina, a Texas Coloration, by an Airport Lease Agreement Cornmercial/FDO effective May 1, 1997. WIIEREAS, the City of Denton, and the lessee desire to amend lire lease ngtecn,cnt; and WHEREAS, the Airpott Advisory Board for the City of Denton Ills ,ccon,mcr,dcd approval of the First Amcndnunt; NOW, TI IEREPORE, i. 'IliECOUNCIL OFT IF.CICYOPDEN1'ONIIFRt!BYORDAINS: 'that the attached First Aincridt„cut to Airport Lease Agreement 413..1 S1:C':1.1 v d. Con,urrrcia;IFnO behvicen the City 0f Denton and Ezell Aviation, Ins. is appro e U41LA-11, That the City Manager is aull,oriud to execute the atlac.hcd lease un,cr,dmcnt on behalf of (lie City and (lie City Secretary is directed to affix this ordinance will, the executed lease amendment to the Airport Lease Agreement Connnercial/FI30 effective May 1, 1997, inscribing or, Site otiginal agic¢n,enl the fact it has been o,,,endcd and the effective date of the au,cn(1ulcnt. 11-EQ -LQiY.lll. Tl,at this crdinance shall become effective immedinh;ty upon its passage ' 1111x1 approval. PASSIi!) AND APPROVED diis the day of 1993. , MILLER, MAYO7R- JACK AI IFS h: , )FINNII'F'lt WAIAVRS, CIIY SFClt1:1ARY lIY • AS'i'ROVIc1) AS 1'0 LEGAL FORM: / HliilUl?R"C L.PFiOUCY,C'IIYA2TUttNL'Y "fir n ` I f V 1 I 4 w k°,,. X la 32XIa a ' o r rra.rs. ' f1RST AMGNUME3Nr TO A1U0Rf LCASC AGRLGMCNf COMMERCI/,LlfRO I r STAIF' OF TEXAS ¢ § BOUNTY Op DEN I ON § WHERNAS, Ihis First Anncnchnenl To Airport Lensc Agreement Commercial/1'110 ("Anmadin ent") is colcrcd Lilo by aad between Ilse City of Ucnton {"Lessor") and f zcll Avinlion, loc. ("Lessee"); and r . WI IGRGAS, oo or about May I, 1991, on Airport ],ease Agiccmcut CominerclallfDO i ("Airport Lcase'") was effective by and bclwecn (lie City of Denton and rxell Aviati(n, Inc.; and WI IEIU?AS, Lessce and Lcssor desilc to nmcnd the Airport Lcase in order to evidence ceslain ndditionnl tigicemenis between Lessor and Lessee; and W1 iGRI AS, ns partial consideration for the Annendmenl, Lessee has consirucled a public 1191111) on property inrmedinicly adjacent to dte Premises and desires to relcnsc Lessor Isom any rind till claims, causes of nctiot, nod suits in equity arising out of or in any way related to [lie cornsll uction of the public ramp and/or arising out of or In tiny way related to the Airport Lcase llimigh the date of Ihis Amendment; NOW, -1limuOR1i, in collsiclcialion of [lie uxdaal promises and agreements contained in Ihis Anncudtncil, Illc:wlllig the 1ccltnls sct loth above, die patties agree ns follows 1. All of Article 11, Scclion 13 of the Air1)olt Lensc relating to the Ilnprovemeul Itcquitemcnts is licleby and hcnesvills nmcudcd to read os follows, 1 . , II, 1n~glgyeigeullicquiiemcn,l_l. 3 1. In making any hopsevcincuts on the fremtses, Lcsrea shall comply whh flit following' , A. All rc phemcim or the Lrsso's Lnnd DevIlppment Code, oihcr than plalling a+, scr3rdimueuls, Including bul nol timlled lo Lessor's lhdidhsg, rite, Eleclikel, And 1'Inmbing coded, and othc, Codcs and osdinalices applicable to Ilia Improvemenu to be ` made, incionig the poynvut or any Ices eslablished by rndinmseeI 0 b. valor to cummendng dcvelol meal, I.essae shell obtain Ilse Clly Cotmcll's dclen drialion Ilim ikc hovrovmncuh ainfouu to mid aie cmnpalible wills the overall c~ I , % tNow, M 0 else, shnpe, color, qunlily, dcslgn, nppenwuce, and general plan or she pregroln estnb11sl1cd by Ilre Lessor's Master plan for the Alrpot6 c. Any rules or regulations of Any and nil f cdernl or Slate agency linv(ng Jmisdiclion , thereof, d. Conslruclion of d1 image 1nsplevcmenls, As rcqulred by City's subdiOslon rules and regulations, locnicd al boundary belwcas 1700 Trocls °0' rand heroL below lcled prior to Any development purssmnl to Section Il (0) (1) (f) listed e. Ile sensodeling of npproaimnlely 7,000 sq ue realbrlhe Cabling f0O facility to be completed Jute I, 1999, ' f. Conin1101msoruewstruclulc(s)Inlniingor Approxlmn(cly'12,000or Alois squniefeet to be eo npleled by June I, 2007. 2. Ilia Lessor Agsces to pay lea (10) rl*cul of construction costs ie diAlnegis of lasproveusenls which ore described In pnragimph 11 (0) (1) (d) e above. ros s will not accurate be paid DeWrie Gsgb ecbiing reviewed dSuchfound usis reasonable ltby rsle aCisty of twill until conydetiun of In+provuncnls listed In 4, 5. And ti above, lha lea (10) percenl credit will be rcrunded In rwclve monthly hrcrcutenls by reduction of the ntoosbly lased lease paynseuss to begin Ile 0rst month oner eeospledoo of 4, S, and 6 above. 1. Lessee shall mAhttalu Ile puhlie ramp locnled west of Tracts A And C and between Toalwoy A, for a period of llutc (j) yenrs following tic eaennioo or'dlls Antendnenl, Lessee, at Lessee's tole costs And expense during said three (1) year period, shell keep the said public wrap in good, clean condliiou, nod shall nsnke nil n,eded repairs. If any repolrs rcqulred to be rnede by Lessor hetcundcs Cie mrl made willdn 116ty (30) days after wrkren notice delivered to Lessee by Lessor, Lessor way At its option wAe such itpnlis withoul liability to Lessee foe any loss or damage of any And every kind by Icasou of such repalrs, and Lessee shall p.y to Lessor on demand as nddilional rental uwler this Airport Lease Ilre cost or the repahe together with illtcresl at the tnnalosunt legal sore in effcd In (le Stale cf TeAns Oorn the date of poyrncnt by lessor call rcpn6l by Loses 4. Arliclc 111, Secliw C of [lie Ail port Lease is heuby end herewith added find reads as ' follows C. Credits: Lessor shall credit Lrssce n loinl of 512,345.40 over a five (5) year period Oont (his Icnse at a w1e of $209.09 pct m(olh (1;2,509.09 per ),ear) for the cor.stnrcl on of Ilea new politic access Alrcrnn snmp locnled west or'rsocts A nod C and between 1ns.lwny A And (lie release of ally and all claims related Ihc1clo. SnI1I moullily credil mnounl 311.111 befht as of 1998 5. All of Arliclc XIV of the Ali poi I lease is hereby nod lsorowills nutcJtded to read es flllul4'9' ' r , XIV. COVfNANIS IIY I, WAP,, ' Lessee hereby ngiecs Al rollnws • . A. 10 Indemnify anti hukl Imrml•ss the Lessor rron and agnlnsl all lure mild dmnages, lucladillg dealt, pclsonnl lnjary, Inns of prupnly or other rlmnnges, arbing or resulting Onm tl e opernlion art-crsce's busiacss In and upon the loosed prcmbes, r ;I I 2( r . A :xaerv,ra D. As ilia ndministrator of mI avinlimm ftel dispensing operation, Lessee shall indemnify and hold Ilamnless the Lessor, Lessor's smccessoms, ii scrvnnls, agents, employees, Of Wild fnoil miy and nli claims, demands, actions, anises of Mellon or suits in mluity of any Mild every Mod or chmicter, P00114 rml or or In Lilly wry ornted to foal teteases lint occur on the ` I'remniscs, alrporl prnptrty, city of ocuton I'ropcrty, Indict 'ha Irropcrty ndp ecit, IllereloIr such n relense occurs, Lessee shalk be responsible fur miliga''no and remediaGon clforls as requhed by the Texas Nrn(mal Resource Conservndon Comm rsion, Ilea U. 5. Gnvhonitental Ploleclon Agency, and/or any and all other goverrrmerdal ngcuclea. C. Nat to mnkt of suffer nuy svnoc to be made of the pm mIscs Ind will kccp si premises nenl, clean and rc.pccln(Ple coudilleu, Gee front objectionable matter or Ihtng, 1)• To observe and comply wilt all cmient and future laws and ordinances And all regulnlious of federal, smnle, comity or ally iliporl Iuthoritles or ngutcles hovingjmlisdiction over the conduct of operatlons ill Ilia Ili port F:. lo keep odequata recom da of hrconte mild expenses and nlnke such records reasonobly avnilable, upon re,iuesl, to Ilia Dli eclor of rinmlce of lino city of Denton, Texas le• Lessee trill quit possession or nil premiscs leased hcielit at ilia and or ilia prlmary i Icm m of thls lea.sa or any rcnc,val or entenslumm ILcieof, anti deliver up lie prendacs to Lessor III 1 ns good canditiou as exlsmcd when possession was token by Lessee, reasonable went mild lenr excepted, G. Lessee shalt, It Its expcnsc, rrocwe all liccases, certificates, perulils, or olmer audmrizatioo Gom nay nod rill govemmemmil nulhorilas, If noy,,lmving jurisdiction over Ilia operntions of Lcsscc• II. Lessee shall, in dic comae or uimkellrrg Its own goods nod suvlces, rmlkel and pronrole (lie Dcriluu Munlc'gial Airporl and vinous evenls held at the Demon Muulclpnl Airporl. l e i s Ait itndincil i s ilit cmded to amend the I Iovis ioI is of I t IC Airport Lease only to Ilm extent expressly set fotlh nbove. Ali orllle Iambs covenants, provisions, atld cuudilions set fourth iu the Airport Lease File 1110111 d and confirmed except as expressly modified by Ihis Amendment 'I Iris Agice mcnl shelf be binding upon mild shall inure to the benelit of Ibe respeclive successnls mid assigns if Lessor and Lessee. In pmtiai consid allom for the olmcadutenls Icfercaccd herein above, Lessee floes heteby curd ilelewitlt release Lesser of nnri fioln ouy arid all cioims, causes of action, A amilor soils in egoily 110111 of of ill any wily related to the construction of the public raulp iocnlcd w4t or 1Llacls A and G mid bciv ecii Taxiway A. Linssee does beteby and l hctewilh niso Icicisc Lessor of rind Gout army and nil elalnss, causes of nctfon, and/or suils 1 in nlnity am ising oil of or In any nvoy tchrted to this Alrporl Lease ptfor to tine execution uC 111is Anunrtln^mi I I r x 10 32XI❑ ~tur. • to _ } IN WfFNISS WIIEREOr. the parties have executed this Amendment as of the _ day of _ 1998. CITY OF DEN"rON, LESSOR w 13Y;_ - I All r:S r: JENNIFER WAL ERS, CH Y SECRE FARY f~ APPROVED AS 1'0 I.[i0A1• FORM: I ICIt ISGR'r L. PROU I'Y. MY Al 10P NE Y w MY:1 w G~ f=' c_F 1'.ZF.LI• AVIA1 ION, INCORFORAI ED NL•LS0N rZC1,L LE: a ' I 32xI0 25'y 10 p I" i l Iw-I S I'Al E 01, 'I IIXAS 4 COON IY OF DEN I ON § 'i this iuslcuu cul vas aclcnowkrlgcd bofotc uic on the fL_ flay 1998 by Nelson I;z,cll. ` ~ 511ERf1Y COPE (((777 Y rU 14 D S IATU oriF,xnF'XAS fnr~ NOf RYP DL , R' `y My c„rvr~ssb~ f,~las I t 15 6 704 MM1-»~^+•+^""" " SfA1LOF 'IMAS My C0111tl7IS5I0u Capilas: i y • 1 ' + F 1 ) F • i v o ~ L' 1 s - - ~ ,f.~' ''4 ` 25 x. w o 32X e , I, n ORDINANCENO, 99-/3o2 AN ORDINANCE AUTHORIZING THE CITY MANGER TO EXECUTE AN AIRPORT LEASE AGREEMENT BETIVEEN THE CITY OF DENTON, TLXAS AND EZELL AVIATION INCOkPORATM FOR APPROXIMATELY 8,2 ACRES OF PROPERTY LOCATED AT THE DENTON MUNICIPAL. AIRPORT, WHICH PREEMPTS THE LEASE ASSIGNED PER RESOLUTION NO. 97.020 TO EZELL AVIATION, INC. FROM FOX-51 LIMITED, AND PROVIDING AN EFFECTIVE DATE, TIIE COUNCH, OF THE CITY OF DENTON IIERF.BY ORDAINS: SECTION 1, 'chat the City Manager is authorized to execute an airport lease agreement between the City of Denton, Texas for approximately 8.2 acres of land located at the Denton Municipat Airport, under the terms and conditions contained within this agreement, which Is attached hereto and made a part hereof SP:CT'ION IL The lease assignment per Resolution No 91-020 to Ezell Aviation, Inc. from Fox-51 Limited Is hereby preempted SECTION III That this ordinance shall become effective immediately upon Its passage and! dprcval, PASSED AND APPROVED this the day of 1997, 1tLLER, MAYOR t i. A'T'II?S"T J8"NNIFEK WALTERS, {:TTY SECRETARY Y Ill' I (A APPROV1 1) AS 10 L.L'.OAL. FORM, IIIRIJ1 lt'TL.. PROUTY, CITY ATTORNEY • • IIY.ls 10 j C M9al, A'WI I I.Y r 75x10 32 x s , 0 AIRPORT LEASE AGREEMENT COMMERCIAUFBO WHEREAS, the City of Denton. Texas as lessor and Ezell Avlsoon, Incorporated., as Lessee, desire " to enter Into an airport lease agreement ti♦hich amends the terms and conditions of the lease approved by Ordinance No 91.120 between the City of Donlon and Fox-5i Lknited which was assigned by the Lessor on April 16, 1997, per Resolution No. 91.020 to Ezell Aviation, Inc ; NOW THEREFORE This lease end agreement is made and entered Into Ihiskdlgt of 1997, but effective May 1, 1997, by and between the City of Denton, a Municipal Corporation, situal Denton County, Texas. hereinafter called 'Loltbe, and Ezell Aviation, Incorporated, a corporation of the late of Teas, loceled at Stephens County Alrporl Post Oftkt Box 1793, Brackenridge, Texas, and whose registered agent Is Nelson Ezell, located at Stephens County Airport, Post Office Sox 1793, Brackenrdge, Texas, hereinafter referred 'lessea.' to as In conslderatlon of the premises end the mutual covenants. Ore parties agree that the land to be lassed is the following described land situated In Denton County, Texas 1. PREMISES AND USE A. Fixed Bass Operator Premild TRACT "A" 1 A 100 x 200 foot tract of land, being approximately 20.000 Square feel and a 165 x 220 loot tract of land, being opproxlmelely 36,300 squire feet, having a combined area of approximately 66,300 square feet or 1 29 acres, described as follows: COMMENCING at the northwest corner of a [root of land as conveyed to R F Breen by deed recorded In Volume 127, Page 185 of the Dead Records of Donlon County, Texas said point lying In the South right of wsy Ins of FM Road 1515, THENCE west along ft south right of way line of FM Road 1$15 a distance of 350 feet to a point. THENCE north along the wail N; .t of way line of FM Road 151$ a distance of 1,000 lest to a I point O THENCE west perpendicular to sold right of wsy time of FM 1$15 a distance 0870 feet, more or less, to a point on the east edge of the pavement of the north taxiway; THENCE north 13'5011" west along the east edge of pavement of sold north taxiway a dislance of 10 feet to a point for a corner; r THENCE north 16609'19" east perpendicular to sold east edge of pavement a distance of 115 • lest to the point of beginning; O • J14 THENCE north 13'60'41' west 116 feel east of and parallel to said toot edge of pavement a dlslanca of 220 loot to a point for a comer, 11 10 32XIO r I' O ' I aeo~o , 0 y r THENCE north 76109'19" east perpendicular to said east edge of pavement a distance or 5 feet to a point for a corner; THENCE-nortn 13°50'41" .vesl 180 feet east of and parallel to said east edge of pavement a ' distance of 200 reel for a point for a corner; THENCE north 76°09'19" east perpendicular to said east edge of pavement a distance of 100 fe4t to a point for corner, THENCE south 13°50'41" east 280 feet east of and parallel to said east edge of pavement a dislani.e of 200 root to a point for a corner: k THENCE north 76°09'19" east perpendicular to said east edge of pavement a distance of 60 reel If` to a point for a caner, THENCE south 13050'41" east 340 feet east of and parallel to said east 6JQd of pavement a distance of 220 feet +0 a point for a corner; THENCE south 76°0919" west perpendicular to said east edge of pavement a distance of 165 feet to the place of beginning and •onlalning 56,900 square feel of land, more or less, as shown on Exhibit "A", attached hereto and Incorporated herein by reference PLUS, TRACT "S" All that ceilafn tract or panel of land lying In the T, Toby Survey, Abstrocl Number 1285, City of Demon, Donlon County, Texas, as shown In Exhibit 6 tTracl W), and described as follows COMMENCING at the northwest corner of a tract of land as conveyed 10 the Nobles Company by deed recorded in Volume 2798, Page 695, Real Property Records, or Denton County, Texas said point lying in the south Ilne of F M Road 1515; T1 IENCE north 8813343' west will) the south time of said F M Road 1515 a distance of 265 14 feel, THENCE north 01'5039" west along and near a fence its the east time of Tom Cole Road a distance of 1000 00 feet; THENCE south 88409421" west a distance of 902 71 feel to a corner on the east line an asphalt ' 13x1way, ^ TI IENCE north 12125'00" west with the east line of said la, away a distance of 214.35 feel, THENCE north 77'3500" east a distance of 340 00 feet to an Iron pin set for soulhwest corner of a tract of land descrlbed as property A In Resolulion No 1191.052, 8.20.1491, city or Donlon, Denton County Texas and the point or beginning of the herein described tract, , i HENCE north 77x3500" east a distance of 399 60 to 110 a point for a Corner, THENCE south 17135'52" east a distance of 115.49 feet to an iron pin found at the southeast corner of a bact of land described as property D 1n Resolution No. 1191.052, 820.1991, City of O y Donlon, Conlon County Texas and the po'nl of begtnring or the herein described Irecl, F71r ~ 1?. r i 0 f tit 1. , THENCE south 55'35'52" west a distance of 280.53 feet to an Iron pin for a corner; THENCE south 77'36'29" west a distance of 139 91 feet to an iron pin for corner; i THENCE north 12`25'00" west a dlslance of 220 01 feel to the Paint of Beginning and containing 73,766.18 square feet or 1 6934 acres of land PLUS, TRACT "C" All that certain tract or parcel of land lying In the T. Toby Survey, Abstract Number 1285, City of Donlon, Denton County, Texas, as shown In Exhibit 8 (Tract 'C'), and described as follows. COMMENCING at tie Northwest corner of a Traci of Land as conveyed to the Nobles Company by dead recorded L1 Volume 2798, page 695, Real Property Records of Denton County, Texas, sold point lying In the south line of F M. Road 1515; THENCE, north 88.33"43 seconds west with the south line of sold F M. Road 1515 a distance of 265,14 feet; THENCE, north 01'50' 39" west along and near a fence on, the east line of Tom Cole Road a distance of 1000.0 feet, THENCE, south 6809'21" west a distance of 902 71 feet to a corner on the east line of an asphalt taxiway; THENCE, north 12.2500" west with the east line of said Iaxlway a distance of 214 35 feel; TI IENCE, north 77'3500" east a dlslance of 340 00 feel to an Iron pin at the norl i corner of a tract of land described as properly B In Resolullon No. 8.91.052, City of Denton, Denton County, Texas; THENCE south 122500'' east, with the west line of said 16928 acre tract s distance of 222 00 feet to an iron pin found at the southwest corner of said 16928 acre tract end the point of beginning of the herein described Iracf, THENCE, south 11,degfim 44'34" west a distance of 154 52 feet to an Iron pin set for the northwesl corner of the herein described tract; THENCE, south 12'2500" east a distance 200 00 feet to an Iron pin set for The southwest Comer of the herein described tract, THENCE north 11'3629" east a dislance of 530 00 feet to an Iron pin set for the southeast corner of the herein described Iracl; THENCE, north 01'4903' west a dislance of 306.14 feet to an Iron pin found at the southeast corner of sold 16929 acre tract a dislance of 280 54 feet, to a found pin; • THENCE, south 55'3529" west with the south line of sold 1.6928 acre tract o distance of 260 54 feet to a found Iron pin; O • THENCE, south 11.3029 seconds coosi with said south line a dlslance of 139 90 feel to the point of beginning and containing 120,841 658 square fool, or 2.7141 acres of land. r 1J n.r •C 7 dry L■■■ 32X10 ME Nmumswm"@!.% s ' o fher Fixed Base Operator Uacl as described in Section I A„ will comprise of a total of 250,908 938 square feet or approximalely 5 7569 acres. , Together with the right or Ingress and egress to the property. In common with others so ' authorized, of passage upon the Airport property generally, subject to reasonable regulalions of Lesson Thfs right shall extend to Lessee's employees, passengers, patrons, and Invilees ~Ilax.glElasdHusd.4ps[ugcEzem~e~ L essor dues hereby demise and let unto the lessee, and Lessee does hereby lease and lake from the lessor, the land and facilities herein described, and the rights, licenses, and privileges In connection with the use of such property and Improvemenls as lollows 1. The use, in common with orhers authorized so to do, of said airport and all appurtenances, facilities, Irnprovements, equipment and services which have been or may hereafter be provided thereat 2 The operation of a transportation system by alrcraft, the repairing, maintaining, conditioning, servicing, parking or storage of aircraft or other equ pment the training of personnel and the testing of aircraft and other equipment, the sale, disposal or exchange of aircraft, engines, accessories, and related equipment, the servicing by Lessee of aircraft end other airport felaled equipment including the right to install and mMirtaln on sold airport adequate slorage faclbhes, and appurtenances, Including right of way necessary Therefor; the landing, taking off, parking, loading, and unloading of aircraft and other equipment, the right to load and unload persons, property and marl at said airport by such means as Lessee may desire, with Ina right to designals lie carriers who shall transport lessee's passengers and their baggage to and from Iha airport, and, also, the further right to daslgnale Ilia carriers who shall transport lessee's airborne fre ghl, if any, to and from the said airport. the right to Install and operate advertising signs, the general type and design of such signs to be reasonable and approprlate, the conduct of any other aviation related business or operalions reaserably necessary to the proper, recessary and appropriate conduct and operalion by Lessee of Its business', and without In any aay bm ling the foregoing, lessee specifically agrees [hat, if Lessee elects to engage to or A provide any of the above servlcos on the premises herein leased, Lessee will a Provide service to Ilia public on a non-d scriminalory basis, b Conduct and operate Its business and management In a courteous and eMclenl manner. e If Lessee provides Vili service, Lessee wdl p ovide lie-down service to overnlghl or other Uanslenl aircraft or aircraft remaining at the airport for twenly•fouh (24) hours or less; d if Lessee, provides aircraft fuel services, Lessee wifl make milli either by lank Iruck, stationary pump or other suda4la dlsperslrg equipmenl approved by the Fire Marshall of the City of Denton. Iha quality of gate llr.e and other petroleum disliltales normally found at similar a rports, and all slorage lank% for gasoline and other aviation fuels shell be placed underground In accordance with Ilia provls'ors of the Fire Code of Iha City of Denton for • underground flammable liquid storage tanks e. Lessee may nor use any of the leased land or premises for the operation of, a moles, hotel, ' prlvale club or bar, apartment house, or for Industrial, commercial or retail purposes, except j I as authorized herein, without the expressed nriflan consent of Lessor ! 14 it ~,-s;~.p x 32 x % e anurw , 0 r Lessee shall have the non-exclusive right to construct and operate a restaurant on the leased l premises during reasonable hours as agreed to by Lessee and Lessor. g. Lessee shall Install, mainlaln, and operate proper radio and meteorological equipment to man (monitor and respond) the Alrport Unlcom, frequency 122.7. Lessee will operate The Unlcom during normal Airport operating hour, Monday through Friday, 8.00 A M to 5 00 PM. Lessee will have the non-exclusive right to conduct Unlcom operations on the above identified Irequency. 3 Lessee is hereby authorized to construct upon the land herein leased, at Its own cost and expense, buildings, hangars, and structures, Including reel storage tanks or other equipment, 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 submiL a all plans and specifications showing the location upon the premises of the prnpoaed construction; and b. the estimated cost of such construction No construction may commence unit Lessor, acting by its City Council, has approved the plans and specifications died the location of the improvements, the estimated costs of such construction, and the agreed estimated life of the building or structure Documentary evidence of the actual cos! of construction shall be delivered by Lessee to Lessor's City Manager from Urns to time as such casts are paid by Lessee, and Lessors City Manager Is hereby authorized to endorse upon a copy of this lease filed w'th the City Secretary of Lessor such actual amounts as he shall have found to have been paid by Lessee, and Phis findings of said Glty' Manager when endorsed by him upon said contract shall be conclusive upon all parties for all purposes of this agreement, c. CpmmerslaLLand Pamiaa TRACT"D" 'I 1 Comrnereral lrecl V • Developed Land subject to Lease Payrnenls All that U act or parcel of land lying In the T Toby Survey, Abstract Number 1285, City of Denton, Denton County, Texas, as shown in Exhibit C (Traci W), and described as follows, COMMENCING at the northwesl corner of a tract of land as conveyed to the Nobles Company by deed recbrded In Voiume 2198, Page 895, Real Property Records of Denlon County, Texas, said point lying in the south line of F M 1515, THENCE north 08133'43" we:! with the south line of sold F M 1515 a distance of 285 14 feel, i THENCE north 01'5739" west along and near a fence on the east line of Tom Cols (toad a distance or 1000 00 feel; r THENCE south 8S'0921" west a distance of 902 it feet to a corner on the east line an asphalt O taxiway; THENCE north 12'25'00" west with the east line of said taxiway a distance of 214 35 feel, 15 K. 32XIO s ~~ax 5 i i i i I THENCE north 77035'00" east a distance of 280 00 fer! to an Iron pin set for southwest corner + of a tract of land described as property A In Resoluti +n No. R91-052,8.20-1991, City of Denton, Denton County Texas and the point of beginning of the herein described tract; , THENCE north 12625'00" west a dislance of 240 00 feel t0 a point for a corner; THENCE north 77'35'00" east a distance of 427.15 feet to a point for a corner; THENCE south 17435'52" east a distance of 240 98 reel to a point for a corner, THENCE south 77135'00" wesl a distance of 448 93 reel to the Polnl of Beginning and containing 105,131.154 square feel or 2,4135 acres of land. Together with the right of Ingress and egress to the property, in common with others to outhodzed, of passage upon the Airport property generally, subject to reasonable regulations or lessor This right shall extend to Lessee's employees, passengers, patrons, and Inviless, ✓ D. Lltof C mm4ic"alEamint IcfWUn Lessee is granted the non-exclusive privilege to engage In or provide the fallowing: 1. Hangar Least and Renreh. The rental or lease of hangars and hangar space and related facilities upon Ike leased premises 2 OMeA Space lease or Renfat The rental or lease of office space In or adjoining Lessee's Hangars 3 Airaralf Storage and 17e-down To provide parking, storage"and he-down aervlce, for both Lessee's and itinerant aircraft upon or within the leased premises, Lessee, his tenants and sublessee shall not be authorized to conduct any services not specifically Isled in this agreement. The use of the lease premises of Lessee, hls tenants or sublessee shall be Ilo iced to only those private. commercial, retail or Industrial activities having to do with or relaled to airports and aviation. No person, business or corporallon may operate a commercial, retail or Industrial buslness upon the premises of Lasses or upon the Abpcrl without tulhorizalion from the Lessor In a written form approved by City CounOt The City shall respond to the request for awhorizallon within sixty (60) days of written notillcallon to Lessor's City Manager. 11 outhorization Is i not received within the required sixty-day lime period, aulhorizallon of the activity will be considered granted, Thls granting of authorization does not relieve the Lessee or it sublessee, successor, or assign or wmpllancei with terms or conditions In this agreement. 4 11. PREMISES AND LEASEHOLD IMPROVEMENTS A. Prrmlal4tflaf For the purposes of Ihls lease the term 'Premises' shall mean oil property located wlthln the metes and bounds described above In Section I, Including IeasehoW Improvements constructed by the Lessee, but not including certain easements or property owned or controlted by the Lessor, o a 16 ys kz;,, ~5 , ! 32 x I O . o xwre,a a 13. garo tdmen1 Riaulrem~nu. In making any Improvements on the Premises, lessee shall comply with the following: + 1. All requirements of the Lessors Land Davetopnent Code, other than platting regvirements, including but not limited to Lessors Building, Fire, ElecWeal, and Plumbing Codes, and other Codes and ordinances applicable to the Improvements to be made, including the payment of any fees eslabtished by ordinance. 2. Prior to commencing development, lessee shall obtain (he Crty Council's determination that the I mprcvements conform to and are compatible with the overall 1118, shape, color, quality, design, appearance, and general plan of the pro9fam eslabilshed by the lessors Mailer Plan for the Airport , 0. Any rules or regulations of the any Federal or Slate agency having jurisdiction thereof 4. Construction of drainage Improvements, as required by City's subdivision rules and regulations, located at boundary between FBO Tracts "8" and "C" to be completed June 1, 1996. S. The construction of an addition to the existing F80 facitty or approximately 7,000 square feet to be completed June 1, 1998. 6, Conslnrctlon of a new hangar of approximately 44,000 square feet to be completed Jane 1, 1998, 7, The City of Denton a)fees to pay ten (10) percent of conslruction costs of the drainage Improvements which are described in paragraph 4 above. These costs will not be eligible for payment unlit they have been reviewed and found to be accurate and reasonable by the City of Denton Engineering Department Such cesls will not be paid until comptelion of improvemenls listed in 4, 5, and 6 above. The ten (t0) percent credit will be refunded in twelve monthly increments by reduction of the monthly land lease ~ayrrenls to begin the first month after completion of 4, S. and 6 above. C, 111R4I41 Apt?t9y1L31Y_C2Un9tl 7 he required determination by the City Council Thal the plans ore compatible with the Mailer Plan for the Airport shall be made by the Council within sixty (60) days of proper submission or the plans to Lessor, If the Council falls to act within the sixty (60) days, the plans shall be deamad n approved for the purposes of the requirement of compoliblllty with the Master Plan, but shall not ba deemed approved foi any other requirement, Including the requirement to comply with the Lessor's Land Development Code and other applicable codes D. 4yyn9nhln.gllnt~tgyefnenla; i All buddings and improvements conshucled upon the premises by Lessee shall ramaln the r property of Lessee unless said property becomes ilia property of lessor under ilia following conditions. imps and prcvislons, 1 f39pIDyji 6ujlditlgd NO building or permanent fixture may be removed Irom the premises , 0 • without the written consent of the Lessor 1 17 1<"~~ F y. I❑ 32 X I O 0 , rnaru 0 IflWAW 2, btfulnotio . All buildings and Improvemenis of whatever nature remaining upon the leased premises at the end of the primary form, or any extension (hereof, of this lease shall aulomaUcally become the property of Lessor absolutely in fee without any cost to Lessor. 3, 8u11lifdg Ld9 It Is agreed that the life of the building to be constructed by Lessee on the property herein leased Is a, Thirty (30) years for existing F60 and commerclat tract Improverru ls. b, Forty,flve (45) years for new Irnprovemenls to be constructed on FBO Tracts A, 0, and C 4, C94 641jon Should this lease be canceled for any reason before the end of the terms, it is especially understood and agreed chat Lessor reserves the right to purchase all buildings, structures and Improvements Then oxlsting upon the promises by tendortng to lessee (one thirtieth (1130th) of property on Commercial Tract 0, one forty-fifth (1145) for the new improvements constructed on FBO Iracls A. B. and C, and one-thirtieth (1130) of the exlsling Improvements in F80 Tract A of the undepiecialed value of such building for each year remaining on the agreed life of such building The undepreceted value of all Improvements is to be determined by having such Improvements appraised by three appraisers, one appointed by Lessor, one appointed by Lessen and one appointed by the two appraisers; provided, however, the total value of such building plus an Increase in value not to exceed fifty percent (5044) of the origlnat cast of such tmpiovements III. PAYMENTS A. IJylinints_M*18ssed_QnetafQLFj tmlasa 1, FivedBase Operator Land Pa)monf Land Aenlal payments shall be due and payable In twelve (12) equal monthly Installments in advance, on or before the 151h of each month. Annual rental payments will be based on the h!lowing formulae, cal:ufaled on the basis of rninlmum yearly rentals adjusted for Inflation as per Section IV. a, =119L• H30011 $0 061 per square fool minimum yearly rental ($0 061 x 250,406 038 1 $15,305.40 land rental per year 112 a $1,215 45 land rental per monih ) Land rental will be adjusled In two (2) five (5) year pe!iods (the first such readjustment occurring May 1, 2002, the second at May 1, 2007 and annually thereafter per Seclion IV. of [his lease unot May 1, 2014 b. 9514111QJ".4L32MI, The current (ease rate will be Increased by a sum of $009 per square fool minimum yearly rental, and adjusted annually thereafter per Section IV. A of this • lease until April 30, 2021 I 2 Hangar and Tre-0owrl Ranier Fees Ten (10%) percent of all hangar and tie down rental fees collected by lessee from customers of Lassos each month during (he lean of Ibis lease, An annual certified statement concerning ceilectlon of hangar and lie-down space rentals will be submitled within 60 days of the end of the . calendar year or, 1n the event of termination, 60 days horn the date of terminallom 3 AOalion Fuol Fees, O ' Fuel paymerlis shop be based on fuel purchased by lessee and the lessee's sublessee, assigns, heirs or successors It will include all fuel purchased from off alrporl fuel vendors The 1n 32 X C ILJ s • o , ¢ayment shall be based on the amount of four percent (4%) of net cost of fuel purchased. Net cast of fuel purchased Is ft cost of fuel not including lazes on (he purchase. Lessee will provide Invoices on a monthly basis along with the payment to the Lessof, An annual certified copy of " purchases will be submitted within 60 days of the end of the calendar year or, in the event of termination, within 60 days from the date of termination, 0. elYmenla_&4mmeLCldllindffinlal 1. Land Rental. Land Rental payments for Commercial Traci "0" shall be due and payable in twelve 112) equal monthly Installments In advance, on or before the 15th of each month. Annual rental payments will be based, and adjusted, on ilia following forrnutae : a 9Si JL_Q4tJ22Q11' $008558 per square foot minimum yearly rental (SOOll x 105,111.154 ■ $8,997.12 land rental per year 112 ■ 1749.76 land rental per month ) Land rental will be adjusted In two (2) five-(5) year periods (the first such readjustment occurring May 1, 2002, the second at May 1, 2001 ) Commercial land will be readjusted per Section IV of this lease, , b. Q5LQ1I241L29L3QL2Q21 $0.15 per square fool minimum yearly rental for land described as Commercial Tract "D" on Exhibit 'C' Commercial Land will be readjusted annually per Section IV of this Lease IV, PAYMENT ADJUSTMENTS AND TERMS A. AdjustrnenW It is expressly understood and agreed trial the yearly rental for the land herein teased shall to readjusted, up or down, on the basis of the proportion that the then current United Slates Cost of Living Index (CPI-U) for the Dallas/Fort Worth, Texas Standard Metropolitan SWistleal Aiea, as compiled by the U S, Department of Labor, Bureau of Labor Statistics, bears to the January 1997, index which was 150 {1982.84. 100) Each rental adjustment, if any, snail occur cm the 1 st day of May, with respect to the adjustments defined In Section III. The adjustments shall be based on the annual cents per square feet based on Ilia square loolage for the Fixed Base Operator and the Commercial Tract Trie adjusbrentl In the yearly rent shall be delermined by mrultlptying the minimum rent is set forth in section in Section III, by a fraction, the nurrarator of which is Ore index number for the lost 941191516 rnonlh prior to the adjustment, and the denominator of which is the index number for January 1991, which was 150- (482.84. 100) It the product of this mu l,ptlcallom Is greater than the minlmum yearly rent as eel forth in Section Ill„ lessee shall pry INS greater amount as the yearly rent until the time of the next rental adjustment as called for In this section If the product of this multiplication Is test than the minimum yearly rent of at set forth in Section III , theee shall be no adjustment in the annual rent at 11)at lime, and lessee shall pay the minlnium yearly rent as set rorlh In Section III 1'he adjustment shall he limited so that the annual rental payment determined for any given year shall not exceed the annual rental calculated for the previous year by more than ten percent (105:) If Ilia consumer price Index for all urban consumers (CPI-U) for the Dallas-Fort Worth geographical 0 . region, as compiled by the U S. 0epailment of Labor, Bu+eau of Labor Statisllcs, is discontinued during the term of this lease, the remaining rental adjustments called for In this section shall be made using the formula set forth in Section III of this lease, bull substituting the Index numbers for the Consumer i Price Index-Seasonally Adjusted U S City Average For All items For All Urban Consumers (CPI•U) for the Index numbers 10f the CPI-U applicable to the OaUas-Fort Worth geographical region If both the i 19 i a 32X " e aanaem Q CPI-U fo7 the Dallas-Fort Worth geographical region and the U S City Average are discontinued during the term of this lease, the remaining renlal adjustments called for In this section shall bi made using the statstks 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-Forl Worth geographical region. If the Bureau of Labor Slattstics of the United States Department of labor ceases to exist or ceases to publish statistics called for In this section adjustments shall be made using the most nearly comparable statistics published by a recognized financial authority selected by Lessor, B. e1LVn#r&J2 lla: All payments, Including land rental, and fees, will be due on the 15th of the month, This payment will be for the poor month fees and the current month land rentals. If payments are not received before or on the 15th, a 6% penalty will be due as of the 46th. If paymenls are nqt received by the first of the subsequent month, on additional penalty of 1% of the unpaid rentalfree amount wilt be due, A 1% charge will be added on the first or each subsequent month until unpaid renlaOss payment Is made. Failure to pay the rent, fee, or either monetary penalty amounts on delinquent rent or fees shall constitute an event of default of this lease, V, LEASE TERMS A. Thf_E1=L8A1t.4gujt4L; The term of this lease shall be o period of thirty (30) years, commencing on the tat day of May 1997, and ending at midnight on the 30th day of Aphl, 2027, unless terminated under the provisions or this tease tosses shall have the option to extend the lean of this Lease for Iwo additional len (10) year periods subject is terms negotiated at that time between lessor and lessee. If Lessee tlecls to exercise its option to renew this lease, Lessee shall notify the City Manager, In writing, at least one hundred eighty (180) days before the expbabon of the Initial thirty 130) year Lease. At the end of the Initial ten (10( year option, Lessee shall have (he option to extend the term of this Lease for an additional fen (10) years subject to terms negotiated at that time between Lessor and Lessee. If Lessee elects to exercise this second option, Lessee shall notify the City Manager, In writing, at least one hundred eighty (180) days before the explrallon of the Inillal ten (10) years a. QgrilifirlL&Ilind lraal.9; 1he remaining form of this lease will be roe o term of thirty (10) years, commencing on the 1sl day of May, 1997, and continuing through the 30th day of April, 2027, unless earlier terminated under the provisions of Ilia Agreement. lessee shall have the option to exfend fie term of this Lease for an additional period of fen (10) years subject to terms negotiated of that time between Lessor and Lessee. If Lessee elects to exercise its option to renew this Lease Lessee shall nobly the City Manager, In writing, at feast one hundred elpphty (100) days before the expiration of the nitial thirty (10) year Lease. At" end of the Initial ten (1u) year option, Lessee s.` )II have the option j to extend the term of this Lease for an additional ten (10) yeas subject to terms negotiated at Ihal (Imo e beta een Lessor and Lessee. If Lessee elects to exercise this second option, Lessee shall noliy the City Manager, Inyvriling, at least one hundred eighty (180) days Lefore the expiration of the Initial ten t (10) years VI. ASSIGNMENT OF LEASE lessee expressly covenants that (twill not assign this lease, nor subiel the whole or any part of the said premises for any purpose, except for rertaf of hangar space or lie-down space, without the written consent f Lessof, except that any person, corporation or Insidutlon (hat lends money to lasses for the construction c, any hangar, structure, building or Improvement upon the leased premises and retains a security Interest In said hangar, structure, building or Improvement shall, upon detaull of Lessee's obllgalJon to said mortgagee, have the right to enter upon said leased premise! and operate or manage said hangar, structure, building or e 20: 32xI~ o l x improvement according to the terms of this agreement, for a period not to exceed the term of the mortgage with Lessee, or until the ban is paid In full, but In no went longer than the !arm of this lease lessor agrees , that it will not unreasonably withhold its approval of the sale or sublease of the facilities for airport related purposes, VII. SUBROGATION OF MORTGAGE Any person, corporation or Institution that lands money to Lessee for construction, purchase and or refinance of any hangar, structure, building or Improvement and retains a secunty Interest In said hangar, structure, building or Improvement shall, upon default of Lessee's obligations to said mortgages, have the right to enter upon said [eased 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 unlit the loan Is paid In full; or such mortgagee shall have the right to remove any buildings or structures from the premises; however, if such mortgagee Is planning to remove any buildings, then they will notify Lessor in writing of such Intent to remove, and Lessor will have sixty (60) days from receipt of such notice to exercise an option to purchase such buildings or structures under the provisions of Article II hereof. It is expressly understood and jagreed that the right of the mortgagee referred to herein is limited and restricted to those improvements constructed with hinds borrowed from mortgage, those Impruvemenls purchased with the torrowed funds, and those improvements pledged to secure the refinancing of the improvements. Vill. RIGHT OF EASEMENT Lessor shall have the right to establish easements, at no cost to Lessor, upon the leased ground space rcr ir:e purpose of providing u'"ry services to, from or across thA rport property. However, any such casements shall not Interfere wdh Lessee's use of the "leased V,jund space" and lessor shall restore the property U its original condillon upon the Installation of any utility services on, In, over or under any such easement IX. CANCELLATION OF LEASE A. r:iQSUf9lI4IL~Y.1R)JQft In It,e event Thal Lessee shall file a vofur,tary petition In 9ankruptcy or proceedings in bankruptcy shall to Ins.itut<d against it and lessen thereafter Is adjudicated bankrupt pursuant to such proceedings, or any court shall lake )urisdictlcn of lessee and its assets pursuant to proceedings brought under the provisions of any Federal reorganization act, ar Lessee shall be divested of its estate herein by other cperalion of ia+v, or Lessee shall fad to perform, keep and observe any of the terms, covenants, or condillons herein contained, or on its part to be performed, the Lessor may give lessee wr I!" notice Witorrect such condition or cure such default and, if any condition of default shall continue for lhhty (30) days arler the receipt of such notice by Lessee, then lessor may, terminate this lease by a thlrty (30) days written notice to lessee In the event of default, Lessor has the right to purchase any or all structures on the 'eased p emises under the provisions of Article II hereof. O 13. ~angef(a01afl4Y_Laaaas: O • 4 Lessee may cancel ibis Agreement In whole or part, and terminals all or any of its 0010.011s hereunder at any tire, by thiry (30) days writen notice, upon or after the happening or any one o' the following events' (1) issuance by any court or competent jurisdiction of a permanent In)uncibn In < n+ way preventing or restraining the use or said airport or any part thereof for airport purposes; (2) any 21 t., f ~5 x 1[ 32117 r ' o I action cf Ina Civil Aeronautics Board andlor Federal Aviation Agency refusing 10 permit Lessee to operate Into, from or through said airport such aircraft as Lessee may reasonably desire to operate thereon; the breach by Lessorof any of the covenants or agreements contained herein and the failure , of Lessor to remedy such breach for a period or thirty (30) days after receipt of a written notice of the existence of such breach; (31 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 havingjurisdlcllon over the eperallons of lessor or due to war, earthquake or other casualty, or (4) the assumption or recapture by the United Slates Government or any authorized agency thereof of the maintenance and operation of Bald airport and facilities or any substantial part or parts thereof. X. SPECIAL CONDITIONS It Is especially understood and agreed by and between Lessor and Lessee that this tease agreement is subject to the fotlowing special terms and corditions A. Nothing cenlaired herein shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 1349 of Title 49, United States Code Annotated. B. Lessor reserves the right to further develop or improve any public parking area, landing area, or other portion t I the airport property without notice to Lessee. C, During time of war or national emergency, declared by ho Congress or the President of the United States, Lessor reserves the right to alter, amend, or suspend this agreement upon demand of military, or naval authorities of the United Slates D. Lessee, ifs personal representative, successors in Interest, and assigns, as a part of the considerallon hereof, does hereby covenant and agree as a covenant running with the land Ih it 1 no person on the grounds of race, color, or national origin shall be excluded from paAicipalion in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facililles; 2. that In the ec.rstructioa of any Improvements on, over, or under such land and the furnishing of services thereof, no person on the grounds of race, color or national origin shall be excluded from padiclpatien In, denied the benefits of, or otherwise be subjected to dlscrimiralion; 3 that the Lessee shall use the premises in compliance with all other requirements Imposed by or pursuarl to Title 49, Code of Federal Regulations, Oeparlmenl of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrlminallon In Federally-asslated programs of the Department of Transportation-Effecivation of Title VI of the Civil Rights Act of 1964, and as said Regulatirars may be amended ' it in ilia event of breach of any of the above nondscrknnatlon covenants, Lessor shad have the right to terminate the lease and to reenter and repossess said land and the facilities thereon, and hold the same as if said tease had never been made or issued E. The Lessee assures Ihat it will undertake an affirmative action program as regaired by 14 CFR • Part 152, Subpart E. to Insure that no person shall on the grounds of race, creed, color, national origin, O • or sex be excluded from, participating In any employment activilles covered In 14 CFR Part 152, Subpart E The Lessee assures that no person shall be excluded on these grounds from participating In or receiving the services or benefits of any program or activity covered by this subpart. The lessee assures that it will require that its covered suborganizations provide assurances to the Lessor that they , 2 2 d o I i similarly.will undertake affirmative action programs and that they will require assurances from their suborganUallons, as required by 14 CFR Part 152, Subpart E, to the same effect. F. If lessor files an action to enforce any covenant, term or condition of this lease, or for the' recovery of the possession of the leased area, or for breach of any covenant, term or condition of this lease, then Lessee agrees to pay to Lessor reasonable attorneys fees for the services of lessor's attorney In such action as part of the costs Incurred, such attorneys fees to set by the Court. O. Lessor's waiver or breach of one covenant or condition of this tease shall not be deemed a waiver of subsequent breaches'of other provisions, and Lessor's acceptance of rental payments shall , no. be deemed a walverof any of the provisions of this lease H. Lessee shall be provided access to the property leased hereunder either through access "A" or a^ ;ess "B", at Lessors discretion, as shown on Exhibits "A," 'B,' and 'C.' attached hereto and incorporated herein by reference. Lessor reserves the right to change Lessee's mians of Ingress and egress from one designated access to another at Lessors oplion, 1. Runways and Tlx[Wsy4: That because of the present sixty thousand (60,000) pound continuous use weight bearing capacity of the runway and taxiways of the Airport, Lessee herein agrees ; to limit all aeronautical activity Including landing, takeoff and taxiing, to aircraft having an actual weight, Including the weight of Its fuel, of sixty thousand (60,000) pounds or less, until such time that the runway and designated taxlways on the Airport 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 the Lessee agrees to abide by any such changes or revislonsss such studies may ci ctale, "Aeronautical Activity" referred to In this clause shall include chat activity of the lessee or Ili agents or subcontractors, and its customers and Invitees, but shall not Include those activitles which It neither controls nor solicits, such as an unsolicited ar unscheduled or emergericy landing. Negligent disregard of the provlsiens of this section shall be sufficient to cause the Immediate termination of this entire Agreement and subject the Lessee to be liable for any damages to the Airport that might result J. )'t)t1slPltE.RL4Glfilltml: The right to conduct aeronautical activities for furnishing services to (he public is gra iced the Lessee subJecl to Lessee agreeing, 1, To furnish rald services on a fair, equal and not unjustly discriminatory basis to all users thereof, and, 2. To charge fair, reasonable and not unJushy discriminatory prices for each unit or servlcd; provided, that the Lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates, or ocher similar types of price reductions to volume purchasers S K. 6 oni?flndlvldali la-dijtitatnAlutil it is clearly understood by the Lessee that no right or privilege has then 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 (epair) that it may choose to perform. L• QYhI[~9iaill: e 1. Lessor reserves the right to further develop or improve the landing area of the airport as it sees 0 fit, regardless of (he desires or views of the lessee, and without interference or hindrance 23 r ~ 32 x I O 14e to s . • o , i 'G??fill 2. Lessor shall be obligated to maintain and keep in repair the landing area of the airport and all publicly owned facilities of the alrport, together with the right to direct and control all actwitles or Lessee In this regard. 3 During time of war or national emergency, Lessor shall have the right to lease the larding area or any part thereof to the United States Govemmenl for military or naval use, and, if such lease is executed, the pro4lons of this Instrument Insofar as they ere Inconsistent with the provisions of the lease to the Government, shall be suspended, 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, d( permitting to be erected, any building or other structure on or adjacent to the airport which. In the opinion of the Lessor, would limit the usefulness or safety of the abport 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. XI. INSURANCE A. PipWadhautlrlsa: Lessee, at its expense, shall maintain contlnvously in effect at all times during r term of this agreement the roilowing Insurance coverage. 1 Comprehensive general fiablhhy covering the leased premises, the Lessee or its company, its personnel, and its operations on the Airport 2. Aircraft liability to cover all flight operations of Lessee. j 3, Fire and extended coverage for replacement value for all facilities used by the Lessee either as a part of Ks agreement or erected by the Lessee subsequent to this agreement 4. Liability Insurance limits shall be In the following minimum amounts: Bodily Injury and Property Damage, One Million Dollars 1$1,000,000) combined single limits on a per occurrence basis. 5, All policies shall name the City of Denton as an additional named Insured and provide fora minimum of thirty {00) days written notice to the City prior to the effective data or any cancellMlon or lapse of such policy, 6 Alt policies must be approved by the Lessor 7 The lessor shall be provided with a copy of all such policies within thirty (30) days of the signing cf this Agreement, During the orlginal or extended term of this Lease, Lessor herein reserves the right to adjust or increase ire liability insurance amounts required of the Lessee, and to require any additional rider, 4 provisions, or certificates of Insurance, and Lessee hereby agrees to provide tiny such insurance j requirements as may be required by Lessor; provided however, that any requirements shall be ! commensurate with Insurance requirements at other public use airports s milar to the Denton Municipal ; 1 i 24 10 32x10 r.~,5 r o rte, i Airport, In site and in scope of aviation aclivit!es, located in the soulhweslern 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 original or extended term of this Lease, including types of insurance 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 slating the Increased of adjusted insurance requtremanls. Lessee shall have the right to maintain In force both types of Insurance and amounts of Insurance which exceed Lessors minimum insurance requirements. In the event that State ldw should be amended to require additional types of insurance and/or insurance amounts which exceed those of 1,Me or similar public use airports in the southwestern region of the United Stales of America, then in such event, Lessor shall have the right to require that Lessee maintain in force types of Insuranca andlor 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, B. INQEMbftTy, During all tlmes that this lease Is In affect, the parli agree that lases Is ! and shall be deemed to be an Independent contractor and operator and not an agent or employee of City with respect to Its acts or omissions hereunder. For stl the purposes hereunder, Lessee Is and shall be deemed an independent contractor and It Is mutually agreed that nothing contalned herein shall be deemed or construed to consUtule a partnership or joint venture between the parties hereto. Lases agrees to Indemnify and hold harmless the City and Its agents, employees, and representatives from and against all liability for any and all claims, suits, demands, and/or actions arlsing from or based upon Intentional or negllysnt acts or omissions on the part of Lessee. Its agents, represendtlvee, omployees, members, patrons, visitors, contractors and subcontractors (if any), andlor subleases, which may arlse out of or result from Lessee's occupancy or use of the premises andlor activities conducted In connection with or Incidental to this Lease Agreement. Lessee shall also Indemnify City against any and all mechanic's and materialmen's Ilene or any other types of lions Imposed upon the premises demised hereunder arising as a result of Lessee's conduct or activity. This Indemnity Provision extends to any and all such claims, suits, demands, andfor actions regardless of the type of relief sought thereby, and whether such rattail Is In the form of damagos,judgments, end costs and reasonable attorney's fees and sxpenae, Or any other legal or equilabl• form of remedy. Thls indemnity Prowalon shall apply rsgardfees of the nature of the Injury or harm olteged, whether for Injury or death to persons or damage to property, and whether such cltlme by alleged at common law, or statutory or consllluliansi alalms, or otherwise. This Indemnity Provision shall apply whether the basis for the claim, suit, demand, andfor action may be attributable In whole or In part to the Lessee, or to any of Its agents, representatives, employees, member, patrons, visitors, contractors (if any), andlor sublessee or to anyone directly or Indirectly employed by any of them. Further, City assumes no responsibility or liability for hams, Injury, or any damaging ovants which are directly or Indirectly attributable to promise defects or conditions which may now exist or which ma/ hereafter arise upon the premises, any and oil such defects being expressly waived by Lessee. Lessee understands and agrees that the Indemnity Provision shall 0 , apply to any and all ctalme, suits, demands, andfor actions based upon or alleing from any such claim asserted by or on behalf of LosM or any of Its members, patrons, visilers, agsnls, employees, contractors and subcontractors (If any), andlor subiesese, i 25 ,~awee,, w r. M C l 32 x Q v ,T,ueeae 0 tem. It Is expressly understood and agreed that the City shall not be liable or ruponsible for the negligence of Lessee, Its agents, servan[e, employees and customers. Lessee further agrees that It shall at all times exercise reasonable precautlons for the safety of and shall be solely rseponalble for the safety of Its agents, reprosentalives, employees, members, patrons, ' visitors, contractors and subcontractors (If any), and/or sub-levees, and other persons, as web of for the protection of supplies and equipment end the property of Losses or other persons. Lessee further agrees to comply with all app[Icabls provisions of Federal, State and municipal safety laws, regulations, and ordinances. PROVIDED FURTHER, that the Leases and the City each agree to give the other part' prompt and timely notice of any sued claim made at suit Instituted which In any way, directly or indirectly, contingently or otherwise, affects or might affect the Levu or the City. Lessee further agrees that [his Indemnity Provision shall be considered as an additional remedy to City and not an exclusive remedy, XII. STANDARDS i, Lessee shall meet or exceed the following standards, A. Addo-u: Lessee shall Ne with the City Manager's airport designee and keep current its mailing I address, telephone number(s) and contacts where he can be reached in an emergency B. Ljgj: Lessee shall file with the City Manager's airport designes :nd keep current a list of its tenants and sublessee C. Conduct: Lessees shall contragtuaily require its employees and sublessee (and sublessee's invitees) to abide by the terms of this agreement. Lessee shall promptly enforce its contractual rights In the event or a default of such covenants, i i D. j(SI1W4l~IttxLllddf9!!: Lessee shall meet all expenses and payments In connection with l the use of the Premises and the rights and privileges herein granted, Including the limely payment of utilities, taxes, permit fees, license fees and assessments lawfully Wed or assessed E. Laytt: Lessee shall comply with all current and future federal, state and local laws, rules and regulations whch may apply to the conduct of busine>s contemplaled, Including rules, regulations and ordinances promulgated by Lessor, and tessda shall keep in effect and post In a prominent place all necessary and/or regvired licenses or permits * F. Malftlettil1~44IP[4gt1~L: Lessee shall be responsible fcf the maintenance, repair and upkeep of all property, buildings, structures and improvemenis, Including the mewing or sllminaIJon of grass and other vegetation on the Premises and shall keep said Premises meal, clean and In respectable ' (nnd tlon, free from any objectionable matter or thing ; G. V01UJh9rUtdUVUtEttM1'-11: Lessee may not use any of the leased land or premises for the eperatlom of a motel, hotel, reslauranl, privale dub or bar, apartment house, or for indusirlal, commercial or retail purposes, except as authorized herein it. l2welkal: 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 mot may the Lessee his tenanls. 0 Invitees, or guests be permitted to reside or remain as a resident on or within the leased premises or other airport premise3, 2; r' 2 1. ) o , "MINKS , Lessee agrees to property store, collect and dispose of all chemicals and chemical residues; to properly store, confine, collect and dispose of all paint, including paint spray in the atmosphere, and paint products; and to comply with all local, Stale and federal regulations governing the storage, handling or disposal of such chemicals and patr.u. J. $1m: Curing the term of Ihls Agreement. Lessee shall have the right, at its own expense, to place In or on the lease Premises signs Identiying Lessee. Said signs shall be of a size, shape 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 on the Airport. Lessor's approval shall not be withheld unreasonably. Said signs shall be matnlalned In good repair throughout the term of thts agreement. Notwithstanding any other provision of this agreement, said signs shall remain the property or Lessee. Lessee shall remove, at Its expense, all lettering, signs and placards se erected on the premises at the expiration of the term of this Agreement or extensions thereof. Xllf. COVENANTS BY LESSOR Lessor hereby agrees as fotlows: A. To provide and pay for the InstaltaGon and monthly electrl iy required for security lighting at the airport which Lessor requires to be Instalted under any safety or Are regulations, or as may be required by Lessor, B. To maintaln the airport In an acceptable condition for general aviation activitles on said airport; C. Lessor covenants and agrees not to enter into any subsequent lease, contract, or agreement mih any other person, firm or corporation for the operation of a fixed base general aviation aperatlon or business similar to Lessee's business on the airport contaln;ng more favorabie terms than this agreement or not accorded to Lessee hereunder unless ilia same rights, privileges and concessions t are concurrently and automatically made available to Lessee 0, That on payment of the rent fees, and performance of the covenants and agreements on the part of Lessee to be performed hereunder, Lessee shall peaceably hold and enjoy the leased premises and all the rights and privileges herein granted. E. lessor warrants and represents that In the estabiishment. construction and operation of the said t Denton Municipal Airport, that Lessorhas heretofore and at this time is complying with all exlsling rules, ; regulations, and criteria distributed by the federal Aviation Agency, Civil Aeronautics Board, of any other governmental authority relating to and Including, but not limited id, noise obatemert .:;r rights and easements over adjoining and contiguous areas, overflight In landing or We-off, to the end that Lessee will not be legally liable for any action of trespass or similar cause of action by virtue of any aerie' operations over adidning property in the course of normal tak"I'l and landing procedures from said Denton Municipal Airport; Lessor further warrants and represents that at all limes during the term hereof, or any renewal or extension or the same, that it will continue to comply with lhe foregoing XIV. COVENANTS BY LESSEE Lessee hereby agrees as follows A, To indemnly and hold harmless the Lessor from and against iii loss and damages. Including f death, personal Injury, loss of properly or other damages, arising or resulting from the operation of Lessee's business In and upon the leased premtses 27 ~s„ 75 ^ O 32 X 10 M11' n Y I I C o B. Not jo make or suffer any waste to be made of the premises and will keep said premises neat, clean and respectable condition, free from objectionable matter or thing C. To observe and comply with all current and future laws and ordinances and all regulations of federal, state, county or city airport authorltles or agencies having Jurisdiction over the conduct of operations at the airport 0. To keep adequate records oflncome and expenses and make such records reasonably available, upon request, to the Dlreclo, of Finance of the City of Denton, Texas. E. Lessee will 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 goo0 condition as existed when possesslon was taken by Lessee, reasonable wear and tear excepted. F. Lessee shall, at its expense, procure all Ikenses, certificates, permts, or other auti from r any and all governmental authorities, if any, havlnq jurisdiction over the operations of Lessee. XV. MISCELLANEOUS PROVISIONS A. mil. Lessee shall provide ail ul tilles for the premises leased to lessee at Its own cost and expense. Utilities shalt also Include any security fighting required by Lessee for the convenience of customers of Losses, Lessee shall have the right to connect to the airportwaler line now exlst!r,1 and to connect to any future utility lines at lessee's expense, B. EnUnLA=gnJ1 1 This Aglaement constitutes the entire understanding, between the parties and as of its effective date supersedes all prior or Independent Agreements between the partles covering the subject matter hereof Any change or modification hereof shall be In wd6ng signed by both parties. C. }gf &gJX gJ AM the covenants, stipulations and agreements hefeln shall extend to, bind and Inure to the benefit of the loot representatives, successors and assigns of the respeclfve parties hereto, D. geverablily. If a provision hereof shall be finally declared void or illegal by any court or administrative agency having jurisdiction, the entire Agreement shall nol be void; but the remaining provisions shall continue In effect as nearly as possible In accordance with the original Intent of the parties, ; E, I9gU". Any notice given by one party to the other lit connection with this Agreement shall be in writing and shall be sent by ragtstered mall, return receipt requested, with postage and registration i • fees prepaid; 1 if to lessor, addressed to City Manager City of Denton Donlon, Texas 76201 28 1r g x ~ 12 x 10 1 • 1 1 : Salee~ r ~ . e / , Q , r i f y ~ l 2. If to Lessee, addressed lo,. Mr. Nelson Ezl II Post Olrce Bn), 1783 BreeVomidge, Texas 76424 Nollces shall be deemed to have been rerMved on the dale of receipt as shown on the return rcceipl. F. Handling, The headings used In Ihls Agreemonl are inlended forconveniance of reference only ` and do not eeflne or limo the scope G. oyernlnd Lj_A Tints agreement Is to be construed in accordance with the laws of the Stale I of Texas IN WITNESS WHEREOF, the parties have executed this Agree mar l as of ilia day and year 11rSt above wrleen i ~i CITY OF DENTON, LESSOR BY; Gce TED BENAVIII CITY MANAGER ATTEST, JENNIFER WALTERS, CITY SECRETARY BY. 1 r f APPROVED AS TO LEGAL FORM: HERBERT L PROIITY, CITY ATTOPNEY f , ✓0 i • i . EZELL AVIATION, INCORPORATED 4 BY NE150 E~ELL r iME s I 24 , X ti X !'32X10 0 1 7 ceaeeaa r.''.. t • Y ~1 THE 3WE OF TEXAS § COUNTY OF OENTON § This Inslrumenl was acknowledged before me on the day of 1997 by Nelson F2ell. ' j NOTARY PUBLIC, STATE OF TEXAS My Commission Expires! A, 4 { l I I • 1' 1 1 ~ ~ :.L Sl 4 , tY S 1 F li i i I I; 30 1 1` .10 32X ' O n*WI?XIIIA[T r1 Alr , Acc is W A, fL 'A pR1V6 ASPN►`~T 1M 1 I,:;~ ~ XF~y~rV 1 !x ° ONO loot 1 W 11 tZ 13' ^ ~Jy 1660 ~1 ~'511~ f 1 4 j 1 !1I(~ Y j 1s~y>~1' itlrl It .gyp y~ t, a TRACT AI1,<i ~L4 USUYC ASPN N - I, i Acce+.e "A" r t FBO TRACT "A" shaded area O • 31 Y y v ,1 32X a f I r 0 i EXHIBIT 'B" 9 PAYt ASP~1 421 1 ' }5'Od R 1 ' N ER 0.3 ttA ' ItA~ IR 0.2 0.1 U 41 ACRES • D 0' 2. 5 N FOCOLUSV 2M t10' R9 05 0^g1 445.9 W g o T-r 350t1 U,u 1 CQ. ti 1T 35'Od £ 25 " 01 • of 1.6934 ACRES Ap N. i ~f y 1PA 91. ~ N Fox- 5U1tON NOR 91-052, 5'20 y5 z N o PESO- 100' Q53 y c~ ° 'l0 ID r~ • ~i ' y's.5 g P _ ~1 W wo%A 139.91 b S Ir36'2T 5 t i YI i 1552, 1•~ t $ ~ £ f S 5609'210w 902,71' 00 t1 77}5'29• E N FBO Tracta "B" and I 32 r ~ x. 32 X10 • 0 l EXHIBIT "C" y { . pwir, i ~cpt4plj A21,17 ~ £ 11ANGEa N 17351 t105 tl~t1GER ~ ~ t011GE~ 110,1 ~ rJ w+A"" AG4E5 . 9 2.4155 20-9% 1RA01 1tE0 ¢91.052. LIM !0• 'p fr-.d f O S LVllot1 t 5 4iE0 ,449,95 w 1755' O S 40 0 d 2g0.o0 s G1 Y 2 '91 N ?Tj50 Z 1RA E0. 52. 6' Z P A-5 J110 ti0. R91 . 0°y~gS y 5 t 5y g 17 .2~ Yr y rod t~ ' 2 t 1 154 •6 £ p t 1 g~ 4~jG t38n9'21" 902. 1' ' 0 ,n ' .736, 1g E t 1 N I t Y I i commercial Tract D 3 3.- :M1~ 1 0 32X a ti p enda No_ _ Agenda Item..'-0. Date AGENDA INFORMATION SHEET AGENDA DATE: December 8, 1998 DEPARTMENT-. Planning Department ! Code Enforcement Division Cbt/DCAIIACN1: Rick Svehla SUBJECT: An ordinance of the City of Denton, Texas amending Section 20-71(c) of the Code of P _ Ordinances of the City of Denton, Texas to amend the defense to prosecution for violations of height limitations on certain weeds, grass, and uncultivated vegetation by adding a defense for the growing of hay undercertain conditions: providing for a severability clause: providing a savings clause; providing for a penally not to exceed five { hundred dollars; and providing for an effective date. BACKGROUND: Pursuant to a request by the Denton County Agriculture Extension Agency, staff has ;,:viewed the existing limitations placed on the growing of hay within the City of Denton. Currently, the ordinance states that h.y may be grown on a tract of land consisting of two } or more acres provided the hay does not exceed twelve inches where located within 100 feet of an adjacent property with habitable buildings. Since hay v, generally cut at a height greater than twelve inches the 100 foot stipulation would most always apply. This 100 foot stipulation does not apply to other types of agricultural crops. The 100 foot separation renders numero!:s tracks of lams unusable due to the net farmable land available. Under the current separation requirements a two acre tract would have a net farmable area of less than ;5 acre and a five acre tract would have approximately 2 acres of farmable area available. The proposed 20 foot separation from adjacent properties would increase the farmabie areas in the above scenarios to approximately 1.5 acres and 4.3 acres, respectfully. ; ' OPTIONS: 1) Approve the amendment as written f 1 2) Approve the arn,mdment with modifications to the separation requirement, 3) Disapprove the amendment. RECOMMENDATION: Staff rer~„ rends that Section 20.71 (c) be amended by adding a defense to prosecution for hay that is grown for the specific purpose of cultivation and is part of a predominantly ~igyf homogeneous plant population provided it is located no closer than twenty feet to an adjacent property. i I` 1 , fit. r t^t x i 32Xin Nl n kn 0 I i f FISCAL INFORMATION: i Approval of this ordinance may cause a slight reduction in mowing expenses incurred by I Code Enforcement by allowing previously uncultivated tracts to be farmed. Many of these properties currently consist of weeds and grasses which are not maintained without , Code Enforcement intervention. Respectfully submitted: 2 t ~ X id M. Hill r Director of Planning & Development Prepared by: Greg 16 ich ll Building Official r w r.x 9 etc` I pop 10 30. 0 0 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AIvSENDING SECTION 20-11(c) OF ANCES DE- GHT LQvt3TAT ONS 01N CER A1N THE CODE OFOOSECT(ON FOR VIOlAT1CITY 0NSp0 DENfON TEXAS TO GRASS, AND UNCULTIVATED VEGETATION BY ADD ING A DEFENSE FOR WEEDS, TO PR PROVIDING FORA SEVER- THE GROWING OF HAY UNDER CERTAIN CONDITIONS; ING FOR ABILITY CLAUSE; ~RDSARSL,~ PRO ~G FOR AN EFFEC VE NOT TO EXCEED DATE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SEMI I. That Section 20-71(c) of the Code of Ordinances of the City of Denton, Texas is hereby amended by adding a defense for growing hay and it shall now read as follows. It shall be a defense to prosecution under this section that the vegetation is any of the following: applies; ~ 1. Agricultural crops, except grass or hay unless of cultivation ) stare below a predominantly 2, Hay that is grown for the may purpose be grown to any height provided it is located no and pan i homogeneous plant population ' closer than twenty (20) feet to an adjacent properly; 3. Lultivated trees; j 4. Cultivated shrubs; 5. Flowers or other decorative ornamental plants under cultivation; or 6. Wildflowers, but only until such time as seeds have matured following the final blooming of the majo,'.ty of the plants. i , CE T10N W. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it 4 would have enacted such remaining portions despite any such invalidity. i 5EC1JQNJJ1, That save and except as amended hereby, all the provisions, sections, sub- sections, paragraphx, sentences, clauses, and phrases of Chapter 20 of the Code of Ordinances shall remain in full force and effect. ~FCTIQ IV That any person found guilty of violating this ordinance by a court of competent jurisdiction shall be fined a sum not to exceed five hundred doilars. Each day that this J ordinance is violated shall constitute a separate offense. 0 . EMU. That this ordinance shall become effective immediately upon tts passage Z and approval. i 3 a. l h 32 x ZFE 4 PASSED AND APPROVED this the day of 1998• JACK MILLER, MAYOR ATTEST: JENNEFER WALTERS, CITY SECRETARY BY: _ APPROVED AS TO LEGAL FORM: HERBERT L, PROUTY, CITY ATTORNEY BY: I 1 t i j 4 25 x Q 32x, e o Ia~-0 3_ AWenJa Nn Agenda item-/~-Q3 _ Date-~ /0- 4 L~_ AGENDA INFORMATION SHEET AGENDA DATE: December 8, 1998 DEPARTMENT: Planning Department / Inspections Division CNI/DCNIlACN1: Rick Svefila VA? SUBJECT: An ordinance amending Article II of chapter 28 of the Code of Ordinances of the city of Denton, Texas ("Building Code") to provide for adoption of the 1997 Uniform Building Code with certain amendments: providing for a severability clause; providing a savings clause; providing for a penalty in the amount of $2000.00 for violations thereof; and providing for an effective date, BACKGROUND: Building Inspection staff along with the Building Code Board have reviewed and recommend for adoption the 1997 Uniform Building Code with local amendments. The International Conference of Building Of{icials publishes an updated building code every three years. The 1997 version is the latest publication and varies little from the previous code. With the adoption of the new building code, local amendments will have been reduced from sixty-six to twenty-nine The majority of these deleted amendments were reprints of regulations in the Uniforni Fire Code while others were no longer necessary due to code changes. In 1996 an amendment requiring insulation inspections for new d" elhngs was added to (lie list of required inspections for new homes. Staff along with the Board is A recommending that this amendment be deleted Alter to o years of performing these inspections, records indicate that the approval rate on the first inspection is approximately nin_ty•six percent. The four percent that do fail do so for reasons other than improper installation. 'this added inspection may result in an additional 800 inspection trips during the next year. Staff survcyrd area cities to determine if insulation inspections were required Of the 10 cities surveyed only In ing was performing this type of inspection. t1 41 f An amendment that both staff and the Building Code Hoar) ere recommending to be changed involves how exterior wall insulation for apartments is calculated. Currently apartmcrnts arc required to provide a minimum R• 19 insulating value on all exterior walls. The R value is determined by adding the R values for siding, brick, interior wall i " ti L ~(J 32 x~❑ RrNwv , 0 w , aa.,,< t •-Sran+n ;r - ri:K.: r.w r l";r4'et+er.vvinanw~n. a, ~.-.W .«„m., . ' L coverings, vapor barriers and the wall insulation. This causes confusion between architects, contractors and staff ar, to what R value of insulation is to be installed to meet the R•19 requirement, It ?s proposed that a minimum R-15 insulation be installed in the exterior walls of all apartments instead of the cumulative insulation calculation now in effect. This would eliminate any future confusion while still providing approximately an R•19 insulating value when the other structural factors are considered QUIONS, 1) Approve the adoption the 1997 Uniform Building Code as amended locally, 2) Disapprove the adoption of the 1997 Uniform Building Code as amended locally. RECOMMENDATION: ;e Staff recommends that Section 28.27 of Article 11 of Chapter 28 of the Code of r` Ordinances be approved as written. PRIOR ACTION/REVIEW On September 3, 1998 the Building Code Board unanimously recommended approval of the 1997 Uniform Building Code, i j FISCAL INFORMATION,, 1 I None Respectfully submitte Aid M. Hill irector of Planning & Development I! ~ 1 i t + M♦ l prepared by: Greg i c Build ng Official r~~., 10 32 X d 0 BUILDING CODE BOARD i SEPTEMBER 3, 1998 MINUTES Members Present: Ken Dobias, Acting Chair, Allen Nelson, Henry Rife, Greg Mitchell, ' i Building Official, Beverly Price, SR, Secretary Members Absent: Nicholas Eassa, Don Terry, Byron Woods, Bob Hagerman I Meeting called to order at 4:10 P.M. by Mr. Dobias. i 4 Item 1. Hold a public hearing concemiig the recommendation for approval of the 1997 Uniform Building Code. t Mr. Mitchell stated that staff had reviewed the 1997 UBC for major changes and what the board had in the;. backup was a list of all the changes that may effect contractors in Denton. The changes were primarily clarifications of previously confusing articles in the code and that no significant changes had been introduced in the 1997 UBC. Staff was proposing to eliminate numerous local amendments that were no longer needed. Mr. Mitchell stated that permits fees were being removed from this section and ail fees would be in a single ordinance. Mr. Michell stated that staff was recommending that the required insulation inspection for new homes be eliminated. He stated that 96% of the homes pass the initial inspection and that the 4% that do fail do so for reasons besides faulty installation. i Mr. Rife stated he was in favor of removing this unnecessary inspection. j Mr. Mitchell stated that the majority of amendments being removed were articles already in the Uniform Fire Code that had been adopted into the Uniform Building Code, Mr. Mitchell stated the only significant change would be to the insulation requirements on apartments. CurrcntIy a R-19 insulation is required for the entire exterior wall. This calculation includes R-values for brick, siding and any other exterior covering. Apartments always install a R-15 batt and include the cumulative R-values rot the wall construction. Staff sa proposing to change the ordinance to state that an R•15 insulation shall be installed in the exterior wall. This will eliminate confusion by architects and contractors while maintaining the same insulating value. Mitchell asked if there were any questions regarding the proposed amendments. Nelson stated he was glad to see the number of amendments reduced. ! Dobias asked for a motion, A motion was made by Rife to approve the 1997 Uniform Building Code with the local amendments as written, Seconded by Nelson. , Motion approved unanimously. Dobias asked if there were any new business. ! No new business. O ! Motion by Rife to adjourn Second by Nelson Motion carried Meeting adjourned 4:50 P.M. f 3 32 x e o ORDINANCE NO. AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS ("BUILDING CODE") TO PROVIDE FOR ADOPTION OF THE 1997 UNIFORM BUILDING CODE WITH CERTAIN AMENDMENTS; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIi:,:dG FOR A PENALTY IN THE AMOUNT OF $2000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECT[ ON That Section 28.27 of Article It of Chapter 28 of the Code of Ordinances of the City of Denton, Texas, is hereby amended to read as follows: See. 28.17. Adoption of building code. The Uniform Building Code, 1997 Edition, Volumes 1,2, and 3, as published by the International Conference of Building Officials, a copy of which shall be filed in the office of the city secretary and available for public inspection, is hereby opted and designated as the building code of the city, same as though that edition of such code were copied at length herein, subject to the deletions and amendments enumerated in section 28-28. Sec. 28-28. Deletions and Amendments. The following sections of the building code adopted by Section 28-27 are amended to read as follows: (1) Section 103, Board of Appeals. Section 105 is deleted. (2) Section 106, 1, Permits Required. Section W6.1 is amended to read as follows: Except as specified in subsection 106.2 of this section, no building or structure regulated by this code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a permit for each building or structure has first been obtained from the building official. A single building permit may be issued for all buildings within an apartment complex. A separate electrical, plumbing, mechanical & one (1) driveway approach permit shall not be required when a building permit for a new one- or two- family dwelling or for a new apartment complex is issued (3) Section 106. d.2 Retention of plans. Section 106.4.2 is amended by adding the following exception: Exception: I & 2 Family Dwellings (4) Section 107.2, Permit Fees. Section 1071 is amended to read as follows: O Q The applicant shall submit the applicable permit fee as set forth by City Council be separate ordinance, available for public inspection at the offices of the Building Official J and the City Secretary, i 4 i 9 S , i j (5) Section 107.3, Plan Roview Fees. Section 107.3 is amended to read as follows: The applicant shall submit the applicable plan review fee is set forth by City Council by separate ordinance, available for public inspection at the offices of the Building Official and the City Secretary. (6) Table No. I-A, Building Permit Fees. Table I -A is amended to read as follows: The applicant shall submit the applicable permit fee as set forth by City Council by separate ordinance, available for public inspection at the offices of the Building Official and the City Secretary. (7) Section 301.4, Fire Ratings for Occupancy Separations, Exception hem (3). Section 302.4 Exception hem. (3) is amended to read as follows: I 3. In the one-hour occupancy separation between a Group R, Division 3 and Group U Occupancies, the separation may be limited to the installation of not less than one-half inch thick gypsum board construction on the garage side and a weather-stripped door will be permitted in lieu of a one-hour fire assembly. Fire dampers shall not be required in dt-ts penetrating this separation for ducts constructed of not less than No. 26 gauge galvanised steel. (8) Section 307.11.3, Exit corridors. Section 307.11.3, Exception Part 3 is amended to read as follows 3. Sprinkler protection shall be designed in accordance with the latest edition of 141P.A. Standard 13 for Ordinary Hazard Group 2. (9) Section 403.1.1, System Design. Section 403.2 ,1 is amended changing the first sentence to read as follows: The automatic sprinkler system shall be provided throughout the building as specified by the latest edition of N.F.P.A. Standard 13 for group B office buildings. Group R, Division l(apartmenls & congregate residences over ten perso,a) buildings may use either N.F.P.A. Standard 13 or N.F.P.A. Standard 13R. Group R, Division 1 (hotels & • motels) shall provide a N.F.P.A. Standard 13 system. i (l0) Section 404.3, 1, Automatic Sprinkler System. Section 40411 is amended by changing the first sentence to read . to!iovvs: The covered mall bunt? g shall be provided with an automatic sprinkler system conforming to the provi• rota of the late: edition of N F.P.A. Standard 13. (11) Section 403.1.1, Standards of Quality. Section 403.1.1, Part 4 is amended to read as follows: 4. N.F.P.A. Standard 13, latest edition f S ,h aG 32xICl. mow. 0 0 (12) Section 303.2.1, General Section 503.2.1 is amended by changing last sentence of paragraph to read as follows: The above provisions shall not apply to walls at right angles to the property line, or to Group A, Division. 3 and 4 and Groups B,F,M,S and R Occupancies which are equipped throughout with approved automatic fire sprinkler systems and are at least ten (10) feet from property lines. (13) Section 708.3.1.2.1, Two or more dwelling units and holels. Section 708.3.1.2.1, Exception 2 is amended to read as follows: 2. Draft stops may be omitted in combustible attic space in Group R, Division 1 Occupancies which are equipped with an approvel automatic sprinkler system throughout. ! (14) Section 708.3.1.2.1, Other uses. Section 708.3.1.2.2, Exception is amended to read as follows: ` Exception: Draft stops may be omitted in combustible attic space in Group A, Divisions 3 and 4 and Groups B, F, bf and S, which are equipped with an approved I automatic sprinkler system throughout. I (15) Secion 713. 11, Fire Dampers. Section 713.11, Part 2 is amended to read as follows: t. Fire damper protection of heating, ventilating and air conditioning duct penetration of corridor walls, ceilings, or floors is not required in Group A, Division 3 and 4 and Group B, F, K S and R Occupancies whi0 do not exceed three stories in height, and are equipped with an approved automatic sprinkler system throughout (16) Section 804. 1, General. Section 804. 1, Exception 2 is amended to read as follows: 1 Where approved automatic sprinkler systems are provided throughout Group A, Divisions 3 and 4 and Groups B, F, K S and R Occupwicies, the flame-spread classification rating may be reducrd one classification, but in no case shall materials having a classification greater than Class III be used. (17) Section 803, Textile 11allCoverings, Section 805, Part I is amended to read as follows 1. Textile wall coverings shall have a Class I flame spread and shall be protected by automatic sprinklers complying with the latest editions of N.F,F.A. Standard 13, 0 N.F.P.A. Standard 13D or N.F.P.A Standard DR, whichever are applicable. 0 ' (18) Section 901, Standards of Quality. Section 902 is amended by deleting the second i paragraph, and by amending pans i and 2 to read as follows. i t 6 ~a wr tr~ 32: 0 scare . U y .KrNrrne w ~ I i . ! n 1 • Fire Extinguishing System. 1.1 The latest edition ofN.F•P.A. Standard 13 1.2 The latest edition of N•F.P.A. Standard 13D 1.3 The latest edition of N.F.P.A. Standard 13R Standpipe Systems. The Latest edition of NT.P•A. Standard 14 I k (19) Section 90412, Standards. Section 9041.2 is amended to read as follows i j Whenever reference is made to fire r °tinguishing system or standpipe system standards I in U.B,C, volumes 1,2 and 3, the appropriate N.F.P.A. Standard shall be used in the installation of such systems. Fire extinguishing systems shall comply with the latest editions of N.F.P.A> Standard 14, N.F.P.A. Standard 13D (for Group R Division 3 i Occupancies), N.F.P.A. Standard 13R (for Group R Division 1 Occupancies) and 1 NT•P.A. Standard 13 (for all other buildings) 1 Exception: Automatic fire extinguishing systems not covered by the above standards shall be approved and installed in accordance with other nationall,r approved standards (20) Section 904.1.1, Miere Required Section 9042.1 is amended to read as £otlowa: 904.1.1 Where required Automadc fire extinguishing systems shall be installed in the occupancies and locations as set forth in this section. For provisions on special hazards and hazardous materials, see the Fire Code. 1. An automatic sprinkler system shall be installed in all new building of noncombustible construction (Type I or 11) which exceed thre, :tones in E' jht or which have more than ten thousand (10,000) square feet of floor area 2. An automatic sprinkler system shall be installed in all new buildings of combustible construction (Type III, IV or V) which exceed three stories in height or which have more than seven thousand five h.indred (7,500) square feet of floor area. 3. The owner(s) of any building shall be required to install an automatic sprinkler system at such time as the owner(s) construct au addition, when combined with the total square footage of all previous additions and enlargements to the banding, exceeds ten thousand (10,000) square feet of total floor area, and whai the total square footage of all such additions exceeds by more than twenty-five (25) percent of the original Floor arc.. i (21) Section 904.2.6.2, is created to rend m follows: Automatic fire extinguishing systems shall be inmelled in Group 11, Division 5 and Gtouy 0 S, Division 5 Aircraft Hangers in accordance with N.F.P.A. Standard 409, latest edition. O , l f22) y.c•rion 904.2.6 3 Group H Division 6 is umended to read as follows. lutomatic fire extinguishinb systems shall be installed throughout buildings containing Group K Division 6 Occupancies. The design of the sprinkler system shall not be lest 7 m , 0 than that required under Standard 13 latest edition for the occupancy haza,d ` classification es follows: Occupamy Hazard Classlfrcation ' Location Fabricating areas Ordinary Hazard Group 2 Service core dors Ordinary Hazard Uroup 2 Storage rooms without dispensing Ordinary Hazard Group 2 Storage rooms with dispensing Ordinary Hazard Group 2 i Exit ceridors Ordinary Hazard Group 2 j When th. design area of the sprinkler system consists of a corridor protected by li one row oc sprinklers, the maximum number of sprinklers that needs to be calculated is 0. (13) Section 904.33 General Section 904.5.1, is amended to read as follows: Section 904.3.1, General. Standpipes shall comply with the requirements of N.F.P.A Standard 14 latest edition. (24) Section 1004.3.4.3 (7onsrrucrion. Section 1004.3.4.3 Is amended by adding exception 7. To read as follows: 7. Corridor walls and a,lings need not be fire-tesistive construction within building of Croups A, Division 3 and 4, B,F,M,S and R Occupancies which do not exceed three (3) stories in height and are equipped with an approved automatic sprinkler system throe ghot it. Ji i (25) Section 1004.3.4.3.2.2 Windows, Section 1004.3,4.3.2 2. is amended by adding an exception tc read as 1. In corridor wills of Groups I: ivisions 3 and 4, B,F,M,S and R occups.a Its, which do not excreJ three (3) stories ir, ticioht and are equipped with an appruveo automatic sprinkler system throughout 126) Section :0012.9.2, Power supply. Section 1003 2 9.2 is amended by changing the first • pat agraph io uad as follows. The power supply for exit illumit Ption shall normally be provided by the premises' wiring system In the event of its failure, iqum;nation shall be automatically provided from an e;nerpency system for Group I, Division 1.1 and 11.2 Occupancies, All other occupancies requiring more than ene (1) exit shall provide exit illumination as required in i • Section 1012.1 (27) Section 1301, Solar Energy Collectors. Section 1301 Is amended by adding a new Section 1302. 1! g : ; N f~l 32X d o ' ratm~oa 0 I Section 1301-Energy Conservation to New Building Construction a. exterior bottom plates shall be sealed with construction adhesive, caulking, or :her approved means. ` b, All exterior wall penetrations must be sealed and caulked. C. All exterior walls shall be insulated with insulation having a minim- m R•13 value. I d. Attic areas shall be insulated with insulation having a miroir:um R•19 value. Exception: Group R, Division I Apartment Buildings. Listed below are the minimum requirements for apartment buildings: I a. Exterior bottom plates shall be sealed with construction adhesive, caulking or approved materials, b. All exterior walls shall be insulated with an insulation having a minimum R•15 value. C. Attic areas shall be insulated with insulation having a minimum R•30 value where electric resistance heating is used and a minimum R•26 value where other heating methods are used, d. All exterior windows and sliding glass patio doors shall have double glazing. (18) Section 1501.1 General Section 1501.1 is amended by adding a new paragraph and an exception between the third and fourth paragraphs to read as follows: Untreated or fire-retardant treated wood shingles or shakes shall be prohibited. Exception: The roof covering on existing dwellings and structures with wood shingles or shakes may be repaired with factory treated fire-retardant wood shingles or shakes or • additions to these structures may he made with factory treated fire-retardant wood shingles or shakes (19) Sectiwr 1901.3, Groups B,F,HN and S Occupancies. Section 2902.3 is amended by adding two (2) new paragraphs following the first paragraph to read as follows: In the following Group A Occupancies, water closets shall be provided at a rate of two • (2) water closets for the use of females to each rreter closet for the use by males: arenas, O • stadiums, community and convention halls, specialty event centei and atnuxment r~ facilities. i 9 ]r 10 32XIO !f~ 5r 'Fr € e u , t I aw" i , Retsil stores and office type occupancies having not more than fifteen employees shall be provide at least one (1) unisex handicap water closet. SECTION IL That if any provision of this ordinance or the application thereof to any , person or circumstances is held invalid, such Invalidity shall not affect other provisions or k applications, and to this end the provisions of this ordinance are severable, SELIQN-U That all provisions of the ordinances of the City of Denton in conflict with thg provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Denton, not in conflict with the provisions of this ordinal ce, shad remain in full force and effect. Nothing in this ordinance shall be construed to change or invalidate any fee schedule previously passed by the City Council affecting Chapter 28, City of Denton, Code of Ordinances. $S-'[ONIV.That any person violating any provision of this e,im, ,c_o sad:, ,r conviction, be fined a sum not to exceed two thousand dollars (52000.00). Each day that a provision of this Ordinence is violated shall constitute r separate and distinct offense. SECTION V. That this ordinance shall become effective fourteen (14) days from the I date of its passage, and the City Secretary is hereby directed to cause the caption of this I ordinance to be published twice in the Denton Record Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of_ 1998 I , JACK MILLER MAYOR y ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. APPROVED AS TO LEGAL FORM: s HERBERT L. PROUTY, CITY ATTORNEY FY . S.`Our ymrnlsVOrditsncesl98tiUHC 1991.dne 0 I i , r 10 n 2 0"" 3 rrO i' u4,er,. AOvn barn. _ _ .Y' ~ AGENDA iNFORMATION SHEET Pate AGENDA DATE: December 8, 1998 r DEPARTMENT: Engineering & Transportation CMIDCM/ACM-, Rick Svehla, Deputy City Manager,f SVBJECI, CONSIDER AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROH1131TINd PARKING ON CHESTNUT STREET FROM I1S INTERSECTION WITH WELCH STREET TO ITS INTERSECTION WITH BERNARD STREET; PROVIDING A SAVINGS CLAUSE; PROVIDINO A SEVERABILiTY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE BACKGROUND: Two groups submitted this request -'Me University of North Texas and City of Denton Police. Residents and the traveling public experience problems causing delay due to parking congestion on Chestnut between Bernard Street and Welch Street. It appears that most of those parking on ti+c street are UNT students. UNT has adequate parkinr, in and near the area; however, most 1 students park on the street to avoid parking fees. UNT is in the process of implementing a "mandatory" parking fee, but that has not been implemented to date. OPTIGI~ L Approval 2r Disapproval R %NIMEND TION: Approval PRIOR ACILQNIRUIIEAACqMal.-AoALdiS-9-"IMbgkRD Rcviea cd and approved by the Traflic Safety Commission November 2, 1998 • 'IF SC:AI, I,~FORAIATION ` } Signage cost approximately 5200 1 AP Attached Respectfully submitted: 1 t'` >y , t J ark, D ector / Prepared by- En r eering Trersportation r lU s t L ~s cobee, A, mimstretive Secretary ' r , x j,r ,r ~ r a, t t 4 Ova" I ' r.., a.n-, b.r, ,,:,rC'. t'ICp'P rCh'1`~.,..n.N'»Yhk:'-, ~9iMi'W<:MYI:IRIM'+.u1b.: V+,T. +M4M'dersosl« • mcG n~ ~ Traffic Safety Commission Minutes - November 4, 1998 ITEM #6 RL%,IEW AND CONSIDER APPROVAL OF PROHIBITING PARKING ON THE ` NORTH AND SOUTH SIDES OF CHESTNUT STREET BETWEEN WELCH STREET AND BERNARD STREET. (THIS WOULD REPLACE ORDINANCE M236 THAT PROHIBITS PARKING ON THE SOUTH SIDE ONLl)r Luce sold as an employee of the University of North Texas, he would excuse himself from the meeting and stepped outside. Ridens asked since he was retired from UNT, did that clear him? Clack said yes, that is correct. Walters asked staff to present it's report. Clark said this is the section of Chestnut between Welch and Bernard. This is by their parking lots on the east side of the campus, There § an existing ordinance that already takes parking off the south side - Ordinance 95.236. This request is actually from two groups, the University or North Texas and the City of Denton Police. This road has it pretty sharp bend in it as you can see in the backup. Any street close to the campus, w'herc they don't have to pay for parking, has a lot of cars sitting on it. They are parking 3.5 blocks from UNT parking lots. UN 'r is working on a mandatory parking fee, but that bunt happened yet. Staff contacted everyone within the location. UNT owns all but one property here. Since this is in the middle of all the parking lots, staff feels it is a positive move In get the can off the street. It will move vehicles into the parking lots and make the crossing at Wekh safer. Staff feels this would be a positive move. Walter eked if there were any questions. Wolters asked if anyone was present to talk for the request. No one came forward. Walters asked if anyone was present to speak against the request. No one came forward. The discussion closed to the public STAFF RECOSISIENDED. Approval COMMISSIONERS: Phillips made a motion to approve the request for no parking Lesko seconded she motion. Motion passed un.nimously, s i i I r . I ` t f t l i ¢ of r % .'r 2 ~ukr'~1n . rr ~ + y n' % ' OWE= 26 32 e C/Ili7l. 0 I ...L .,!..Jd'L'.. gel i.:il..i.'.!J'•'s ~.~:'.~1•i i..'~1 ,i,ly..•• r!+•r CLJ q_a'slfgzZ +:7o 72 02 - ,0 1 + rs ttti: /ate 1 '---r---- §afaal. sty 71 rlls I Os31IL>Q~1 - , I, =C so ,o n p v: b Id, :o tiro + tos t o / o s 7 t o o ,ssi/, ifs s L7., i. _rof _ _ W, HICKORY I s~ f Is 011' 1 1! ! n e v 4 s! t t 3 f 1 >f o I J + rl t tio/ ❑ -II Z / fit, p , _ 71 I+ f 0 f~ 41 , f 0 1 tl 0 0 1 1 1 fJ L1J Or 1 01 l01+ T1112p 1l0 t90 7e 10f1 11 00 0011/ t6 / / t ~1J3e- a o t ti ~ f,f~ i • 1 all p 1 216 L f0 all 20, i 1 0 1201 201 0a2 1011• +001 1 I 1 0 211 1 H I ' LL IEOa loll lots 1011 oo`, f e!~ t1 0 i /Li • t 101 i Is all 11 ! - t e , ,o i 7 t oEe eft I a,n a I _ f t' _CHESTNUT_ AIJO- afl .•'7-r o f f I t s e 9 • ? 1 7 20 9~ 0,~4 1 l -If 1 tit / ~ •r:! sr t t ~ a (J I t 11 I 11 'II e; .r1 11 1 ~ ~4Q 1 1 0 1 1 1 its 0 1 1 _ 1 1 1 1 ~ I b~-[{ _ EASEMENT BABE MAPS MAPSCAIE If 400 RT. r3 2 o 0 i I ORDINANCE NO, r AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITING PARKING ON CHESTNUT STREET FROM ITS INTERSECTION WITH WELCH STREET TO ITS INTERSECTION WITH BERI.1) .AD STREET; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: E T I When signs or markings are in place giving notice thereof, no person shall perk a vehicle at any time upon the following street in the City of Denton: On Chestnut Street from its intersection with Welch Street to its intersection with Bernard Street. SECTION II. The provisions of Seclion 1 prohibiting the parking of vehicles shall apply at all times to the designated portion of the above named street or streets except when it is necessary to stop a vchicie to avoid conflict with other traffic or in compliance with the direction of a police officer or official traffic control device. SECTION Ill._ That all provisions of the ordinances of the city of Denton in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Denton, not in conflict with the provisions of this ordinance, shall remain in full fmcc and effect. ES C1 ION I That if any provision of this ordinance or application thereof to any person or circumstance is held invalid, such invalidity shall not afrect the other provisions or applications, and to this end the provisions of this ordinance are severable. a C f IC1N V, Any person adjudged guilty of park,ng a vehicle in violation of this ordinance shall be guilty of a misdemeanor and punished by a fine not to exceed Two Hundred • Dollars ($1`J0.00). F. 'T N _VI. That this ordinance shall become effective fourteen (14) d.ys from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the of[cial newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 1998 O • JACK MILLER, MAYOR I 4 10 32XIO r a~ • I j S I M1 + ! , slow" 0 r ~ t 7 k ATTEST: SECRETARY JENNIFER WALTERS, CITY 1 BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY ' BY: G ~ Y i ' ,i r ~ ~ 41r , i• ,Yur' 1 F:letwedldeplL0L~0ur Docwnen&*dirA"c qMo Pw" ClwW.dm 4 S rx 1 t• , l 0 32 momommooftft , e AGENDAINFORAIATIONSHEET Da1a___ AGENDA DATE: December 8,1998 DEPARTMENT: Engineering & Transportation CNVDCM/ACM: Rick Svehls, Deputy City Manager.F`5 SUBJECT L Consider an Ordinance Partially Vacating a Portion of a Certain Alley Easement Recorded in the Deed Records of Denton County, Texas, at Volumc 318, Page 4, As It Pertains to the West Half of a 20-Foot Wide Alley in Block 12 of the College View Addition to the City of Denton; and Providing For an Effective Date. Wt{~j DNANQ The 20-foot alley runs parallel to Hettie St. and Jannie St. kn d : full length of Block l2 in College View Addition, from McKinney St. on the south to Davis St. on the rinnh. There are public utilities located in the alley area, The applicant, Nancy L. Jessee, owns part of Lot 1 and all of Lot 2 in Block 12 of College View Addition, and is requesting that the City abandon the west half of the alley adjacent to her property, for a distance of 183.9 feet north of the north line of E. McKinney Street, in conjunction with the replat of her part of Lot 1, The development pla for this property calls for the removal of the frame structure housing Ms. Jeswe's law office at 1413 E. McKinney St., and for a larger, two-story brick house to be moved onto that lot. The request to abandon the west half of the alley adjacent to Lots 1 and 2 ii so that this portion of the alley may be incorporated into the replat of the property. This would allow the required aide- yard setback distance for the structure being moved onto the property, as well as add to the required access area. Additionally, the brick structure to be moved onto the subject property is currently located at 1833 N. Locust Street. It is scheduled to be removed from that location to make way for a new development and moving it to the E. McKinney Street location is an effort to preserve this structure, Compensation at fair market value for the 1,859 square feet of land requested to be abandoned, less the value of the reserved easement, has been paid by the property owner. DRC and P&Z recommended approval of the abandonment of that portion of the alley as O requested, subject to reservation of an easement for access, drainage, and public utilities. i ~ T ' Approval provides required side-yard setback thus allowing development of subject property to i proceed as planned; promotes preservation of a locally significant structure; provides paving improvements for a portio,. of the public access area; adds land area to the tax roll; and reserves p p public easement rights ICI the area of abandonment. Denial retains alley in public domain with all associated property rights and limits development of subject property as currently planned. ISI r - _u ~~s ~ 7 K h~ 3 2 X 6dlutLr.3.s+ t , i r; i RECOMMENDATION: Approval is recommended in order to facilitate development of subject property as planned, including preservation of the structure now located at 1835 N. Locust Street. Easement rights to ' alley area will be reserved for public use. ~S7tMATED SCHEDULE Y MOHA T: House at 1833 N. Locust Street must be moved by January 1, 1999, thus improvements to subject property should occur sbortly thereafter. PRIOR ACTIONIREVIEW (Cound BoardL Commissions): The Development Review Committee recommends approval. The Planning & Zoning Commission recommends approval. FISCAL MFORKATION: Property owner has paid 5546.00 to the City for requested area of abandonment. AID INFORMATION: None Attached Respectfully submitted: Pr ed b : J k, Di 1~ Engineering & Transportation Steve 1o son, Technical Assistant 1 ~ i 1 { ' I r f i+Tat rm•, 1 F Y•, 10 32 X 10 K Y s o PROJECT LOCATION t 0000 om R n C ~ Q~ w n c~ a x :y i 0 b Z- 32 x 0 s l•AXON 4 PLg7~ OF ? cti', *COL LEGE VIA w. } I ADD/T/ON - TEX TO C/TY OF gENTON, A S j 10 .a 9 io f y f~ s t! ~i = { ~ 2 13 = ~ ~ 2 t3 f• 14 v + b. DA Vjj too 7 14 N 4, a e s Z s so 460 • /TKO' •.~r; ,.i'..~,•.A ~ 4 ~ 2 lo • vaa..w. 0 N a9'~9'?J- E KO,QC~- I y~P I - . ►l. ➢9.iT 6C4 9 CAS a ON m KAAM lord ? 5 L Or so. rr m ro~oi P 630 La I ,p, • 630-8K\ 12 g : S 89407304 MY ronco sr-~ LOt r ~ i" c J. BROCK ,SURYE'Y A-6Fi I R=4v=STSD AMWDONX99T Or (r j~ WRBT HALF Or 10-FOOT ALLtY WITH AASOQNT $Z839M ?OR = I ACCIBS, DRAINAGE, AND I Z. PIIDLIC OTILITISS to K pp►om tY .e~ vs. N 863 MCKINNfY STRE'f T PRELIMINARY, PLAT O, INOTHE RE , J, BROCK SURVEY A-55 4 CITY OF DENTON• DENTON COUNTY, TEXAS lo 32 x Li Lam. - - - - - tt s c N 89-45 Er[0 ! /[AYE .01 ON 1 , o ' W I9a73~! so. rr m POOH P • 630 -St 6tCK 12 aa.as i ' S89-492J04 Lor , ,.r J. BROCK SURVEY A-SS ~ . ' no oa so, rr CD c~. I-Str rOA►+0„ 00 Aw !W W b~ a REOUESTED ABAMONIRNT OF WEST HALF OF 20-LOOT ALLEY fl~ PwMEDLOCAr WITH EAALIRNT RESERVED FOR $ ~ 1 SrR IMN K ACCESS, DRAINAGE, AND = PUBLIC UTILITIES c h MCK/NNEY STREET 1 SITE PLAN o I ~ 0,370 ACRE IN THE J. BROCK SURVEY Ai55 ' CITY OF DENTON DENTON COUNTY, TEXAS f - tb 2 32 x 0 PWVVq and Zoning commission minutes 1995 li Par 14 of 1 99 Novernber Page 14 of 33 DRAFM I Canm'asioner Engelbracht: So, Hodge Elementary tomorrow evening 817;00 p.m. COrmmisllorren, any questions for staff? Mr, Rlshel; Just as a note of Interest--when we started this, we talked about a brief report. We Mined that at < 5:55. K's now GIs, So, I Just want Ins public to know what we mean by brief N our context hot" very good new. Commissioner Engelbrecht: Okay, Thank you, Mr. Donaldson: and Jerry, I think, Is goof already. S. McKinney. Located on the north side of McKinney Street approximately N fast eat of Home Street. a. Consider making a recommendation to City Council regarding the abandonment of a 10-foot portion of an exleting 20-foot alley adjacent to Lots 1 and 7 In Block 12 of College View Addition, subject to reservation of an aament for access, drainage, and public utilities. {David Salmon) Commissioner Engelbreahl: The second pubra haering thlo ovenirrg, then, le to consider making s reoommendation to City Council regarding the abandonment of a 10-root portion of on existing 20-W alley adjacent to Lots / ant 2 In Block 12 of College Vow AddNlon, subject to reservation of an easement for access, drainage, and public dRIes. I believe Mr. Salmon is going to provide the staff report. Mr. David Salmon presented the staff repmt Mr. Salmon: Thank you, Chair, member of the Commission. Nancy Josses Is an attorney who has an office located on the subject property. She's petitioned to have one-half CO 120-fool alley abandoned adiacent to her pro" that fronts on McVJnney Avenue. You con sea the site. Her property Is adjacent to INS allay and kaddy comer across the street frum the new Denton County Courthouse, so you can get your bearings. This Is a Wile bit closer view. it shows her exleting law office srwn existing parking eras behind + structure. Currently, she's veing one-half of the array as pat of her perking M. The other half or the agcy currently unpaved. Then are gas meters and a variety of other utility services In that sary, What we're hoping to accomplish this evening is to abandon the western one-hand of the 20-foot alley. I think youl probably talk about this a Hie bit more maybe when you get into the zoning case, which is direly after this Nam; but what we're going to gain here Is thfL with the abandonment of this alley, the applicant will obtain that W feet of property, and wig be able to use that 10 feet of property to count toward a building line setback or the side al her new proposed structurs. Whafs In this for the City Is the fact that we're going to retain a publk access, dralmaye, end utility easement which is besicagy the some thing that we're allowed Ie do right now. So, the pubic Is not going to lose any use of the alley; but from abandoning the alley and making 4 an easement. N's actually property that *9 be added to rs. Jfssa's lot, wo become taxable property; but the City will still be able to use N as N always hen. I'll be glad to answer any question you might have. Obviously, stall is reoommonding this particular obandonmenl Commlasiorrer Engeibrecht. Commissioners, any quest'ons Irv .toff? Mr. Powell: Too many buttons here I'd just to mak, ewe I understand what wi ro saying hare. We're going to abandon the property so that we no longer own IL but a, the isms time we'll have cm easement on the axad are property S Mr Salmon: Thei's correct. Mr. Powell: I get the picture now. Thank you Commissioner Engelbreeht: Any other questions lot staff? Thank you. Is the Willoner or pedllowe repreantalive present, and do you wish to make a statement? Ms. Jessee: N you have ony questions, 17 be glad loanswer them. Commissioner EngelbreJhl: Commbslonen, anyone have any questions? Thank you II there MyOM prasnt e p who would like to spa sic In favor of this petnion7 Anyone present lo'.yesk inlsvolf le gNre Inlrons prawn: •fro wouldIlea to speak H oppo ltion to the patitlon? Anyone prasent to spook In opposilloo? In that case. we'll watw the rebuttal; the pubk 4oring is cloned, Mr. 3al"w. any final staff remarks? Okay, commisOorl". you have tin staff recommendation, are then any questions to. staff er oommants or a motion? i~ 7 32X10 4 o Planning and Zoning Commission Minuta Novwnber 11. Pale 15 of 33 Mr. Rlehel: I'd Ake to make a motion. I'd As to move that we recommend to the City Council Mo approval of the abandonment of a 10-fcol portion of on exaling 20-foot @May adjacent to Lots 1 and 2 in Block 12 of C049e VI" Add Wn, sub)ert to the revlsb" it an easement for sceess, drainage, and public utilBVet , Me Glourdie: Second. Commissioner Engalbreft It's been moved and seconded to rocanmand approval of staff rerxnmendeAon. Any oomn ant? Mr. Powell: Yes, 1 have a comment, sk. 1 think this is a gnat opportunity. Arome we an lot Nancy doses to pay foore taxes, we haw a great opportunity here. I'm sorry, Nancy. I coukin'1 resist, Commissioner Engetbracht: Any other comments? Mo. Glourdie: I'd Just Aka to say 1honk you' for preserving part of Denton's history 4 saving Mat bulding, that home, Thank you. Mr. Rishel: I'd like to second that. Ms. Glanzer: Yes: we had a 101 a people complaining that that house was going to be tom down, so we do all appreciate you removing that. Me. Joss,^: 1 may cost say that.... Commissioner EngeltxecM: Yea, d you want to come uo to the mike so they an get.... Ms. Je sow I )ust wanted to be sure that you at know Nov, the City staff has worked with us very carefully on this and has been very oo, eWsflve and very Inventive, and I rw y epp,e :u ,e M. $o, 1 you hear anything bad about them, remember that k's not all bad. Mr. Rishel, Thank you. Commissioner Engelbrecht: Any other comments? AN In favor of the motion, praise raise your right hand. L1oilon arriesunonimousy. (7-0) b. Hold a public hearing and consider making a recommendation to the City Council comenning a change In toning on 363 *eras at 1413 t. McKlnnoy to change the cor4ldons stiputatA In a Condltlornd Office (Otc)) toning district The .214 acres Is legally described es tM saet 501eet of Lot One (1), In Block Twelve (12) of the College View Addition. The propooal H to allow for the placement of an historic structure to serve as on Woe, which would be larger than the sitting almeturs. (2.11481,1412 B McKinney, Tdna Mctiresth) Commissioner Engelbrechk That naves us to Item S. b., then, which Is to hold a public hearing Ind Wnsldef making • recommendation to the City Cou6ce concemog a change in toning on,1 Si axes of 1413 E McKinney tc east 0 feel of Lott One stipulated (1). In Block Twelve (12) of V* College district. AddRim. The proll Is to ai%* to the e placement of on historic structure to serve at an office, which would be larger M N existing structure, Me McElreoth-I'M open the publk hearing at this time. Me McEyesth w41 give us the staff presentation. Ms. Trtna McElruth presented th.a stiff spat. Mm. McEksath Thank you, Chak. Commssoner Engelbncht: I Wnk we can probably keep Ws to the bore essentials. Ms, McEkeath: T'' , besks--okay. One of the Important lowso 1 wanted to paint W16 Mai he 10011106 of" new O O this trod courthouse b ck kIIn 1996. Si whas Impeded this e than, there have eb been ores. sewraf o" slmW ypes of development In the orr" Mcf moy and WougliNe Mst very 44u ~lddyr-Sd+tlelor Heights, lawyere office, a nof "so, ow legal o41oe of me know, rrn at ft oWW of nd i 8 32 I❑ :rn ' 0 , ORDINANCE NO. i AN ORDINANCE PARTIALLY VACATING A PORTION OF A CERTAIN 4LI.EY ' EASEMENT RECORDED IN THE DEED RECORDS OF DENTON COUNTY, TEXAS AT j VOLUME 318, PAGE 4, AS IT PERTAINS TO THE WEST HALF OF A 20•FOOT WIDE ALLEY IN BLOCK 12 OF THE COLLEGE VIEW ADDITION TO THE CITY OF DENTON; AND PROV;DING FOR AN EFFLCTIVE DATE. WHEREAS, the City of Denton has received a request for the abandonment of a portion of an alley easement; and WHEREAS, the Planning and Zoning Commission of the City of Denton, Texas reviewed the requested abandonment and recommended approval; and WHEREAS, the Council of the City of Denton, Texas has determined that the portion of the alley easement beir•g vacated is no longer needed for public use; and WHEREAS, the fair market value of the portion of the alley casement being abandoned has been determined and received, as required by Section 212.001 of the Texas Local (lovemment Code; NOW THERFORE, THE COUNCIL OF TH5 CITY OF DENTON HEREBY ORDAINS: .E_CMNJ, That the real property described in Exhibit "A", attached hereto and incorporated herein by referenced, being a portion of the alley easement recorded in Volume 318, Page 4 of the Deed Records of Denton County, Texas, as it pertains to west 10 feel of the existing 20-foot alley easement adjacent to Lots I and 2 of Block 12 of the College View Addition, an addition to the City of Denton, Denton, County Texas, is permanently vacated and extinguished as a public alley easement, to the extent described in said exhibit. 5E 1'I II Ilse portion of the public alley described in Exhibit "A" is hereby vacated and abandoned as a public alley only and expressly reserving utility easement rights for access, drainage, and public utilities %hich are manifest in the dedication of a public alley. • $ECI IQ~} ~J• That by reason of such vacation the City of Demon's properly interest in the vacated portion of said alley easement shall, by operation of law, revert to the owner or owners abutting the easement herein abandoned, and the City of Denton --leases any and all claims to the use of the vacated portion of said property as a public easement. SEC) ION 111. That this ordinance shall become effective Immediately upon its passage' • and approval O • PASSED AND APPROVED this the _ day of '1998. q1 Vill `,''fix rY , , soma= " g , JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEOAL FORM HERBERT L. PROUTY, CITY ATTORNEY BY: c ~s~l dO,0[* c S. [T+r Dcament(lr4inonca5l'Jew Amnd,mmmtdm 10 f f , `may' 4 C xww~ i' r 0 ; F ZXRIBIT •A" C ALL that Certain lot, treat or parcel of land lying and being k situated in the J. Brook Survey, Absteao: NO, 550 in the City of Denton, Denton County, Texas, and being port of the vast half of a 90-foot alley in Block 19 of College View,%ddition, an addition to the City of Denton, Denton Coun«y, Texas, according to the plat thereof recorded in Volume 318, page 4 of the Dead Records of Denton County, Texas, and being more yarticularly described as followse 53029MING at a point in the north line of Bast McKinney Street, a + public roadway having a variable width right-of-way, said point ~r being the southeast corner of Lot 1, Block 19 of said college View ? Additions ThINCS NortJ, with the east line of said Lot 1, same being the watt f line cS amid 10-foot alley in said Block 17, passing at 135.80 goat the northeast corner of said Lot 1, same being the southeast corner of Lot Z, Block 19 of said College View additioa, and continuing with the seat line of said Lot 4, acme also being the west line of said 90-!foot alley, a total distance of 185.89 fast to a point at the nort:uant corner of said Lot 91 TRUCE North 89° 49' 230 last, departing said east line of said tot 9 and the west line of said 40-foot alley, a distance of 10.00 feet to a point in the center of said alley right-of-ways TRUCE South, with said center of said 90-foot alley right-of-way, a distance of 185.90 feet to a point in the said north line of last McKinney Streets TRUCE North 88° 59, 35' Nest, with the said north line of last McKinney Street, a distance of 10,00 fast to the POINT OP BlOINNINO and containing 1,859 square fast of land. 0 r, ~F r~ yr a L "r r~ r{ r ' }A .•`9k`SAWK~RIU}5~V ;W i .i✓'1 y, Q •'1 32X10 r. !a • MAIM" 0 ,r.. AGENDA INFORMATION SHEET Aganda nem. # nnle- AGENDA DATE: December 8, 1998 DF.PARTdIENT: City Secretary's Office CAI: Alike Jet, City Manager SUBJECT Receive a report, hold a discussion and give staff direction regarding a review of the City's boards and commissions. BA KGROUND At the City Council Annual Planning Session, Council expressed a desire to review the current boards and commissions in terms of appropriateness of duties and the continuing need for each board and commission. A summary matrix is provided detailing enabling legislation, membership qualifications, how the members arc appointed, meeting schedules and the number of cancelled meetings due to lack of a quorum. Allachmcnts to the summary matrix arc: i Appendix A - Suggested Changes for Boards,'Commissions - staff recommendations for changing several of the boards and commissions. Appendix B - Enabling Legislation - ordinances, resolutions and state legislation authorizing each board and commission, Appendix C Boar&'Commission Duties - a narrative detailing the duties of each board i and commission. Appendix D Sample Agcndas - copies of recent agendas for each board and commission. `I • Appendix E - Gcneral Information - information on the boards and commissions as found in the Council's Rules of Procedure and the Code of Ordinances. OPTIONS Options for Council for each board or commission is to: (a) approve the staff recommendation, • (1) res ise the staff recommendation, or (c) make no changes. O • Res tfully submitted: - _ s Q Jcn' Cr Walt s Ct Secretary 1 1 o 0 APPENDIX A SUGGESTED CHANGES FOR BOARDSICOMMISSIONS Airport Advisory Board The Airport Advisory Board was established during a time when the City did not have an Airport Manager nor airport staff to oversee operations. The purpose of the Board was to advise City Council on airport matters. At this time, the Airport Master Plan has been completed. An Airport division is in place headed by a very capable dir-:tor and staffed with individuals who are responsible for the imp' mentalion of the plan and who have completed several facets of the plan, including runway extension and apron and taxiway improvements, While City Council fills boards and commission positions from a limited number of volunteers, further limiting those qualified to serve is a 1969 resolution that states: "No person having any pecuniary [financial] interest in the Denton Airport or with any operator or concessionaire thereon shall be a member of this Airport Advisory Board." The intent of this clause is to ensure board recommendations to Council will not be influenced by any personal interest. It is recommended that the Airport Advisory Board be dissolved for the following reasons: 1. The Airport Advisory Board is not a governing board. It does not control the legal and operational decisions of the Airport and acts solely in an advisory capacity. 2. All leases, contracts and policy issues are I ought before the City Council for discussion and approval 3. Because those with any financial interest are prohibited from serving, the number of interested, avai at le and qualified members is limited. Those board members and others interested in the Airport could create a "Friends of the Denton Municipal Airport," Airport staff could meet with them regularly to update them on current and upcoming activities. This would allow tenants and airport businesses to become active participarts and would provide a formal vehicle for exchanging information. Building Ce e Board Staff recornmends considcrati(,n of the inclusion of the duties of other boards with the Building Code Board. A single Construction Advisory and Appeals Board could be created to oversee the duties currently being performed by the Building Code Board, the Electrical Code Board and the Plumbing and Mechanical Code Board. At a minimum, the duties of the Electrical Code Board could be moved under the jurisdiction of the Building Code Board. If eithe, option were considered, expansion of the number and qualifications of Board members should be considered, Cable Tetevision Advisory Board 14J Staff is rreommcnding dissolving the Cable Television Advisory Board as the responsibilities of the Boa, a now the duties of staff. 'FBe Board's responsibilities include advising Council on regulato .,sues, resolving disputes between the cable operator and subscribers If they cannot resolve the dispute themselves, reviewing reports from the cable operator, and assuring that cable operation information is accessible to the public. In regards to advising Council on regulatory 7 32x10 d Wl • SAN=* 0 i issues, it is unrealistic to exp:ct volunteer Board members to have the depth of knowledge necessary to advise Council due to the increasingly complex federal laws and regulations. For matters such as rates, franchise review, and franchise transfers, the City normally hires a consultant. Over the past four years, only one instance has occurred where the Board was needed to resolve a dispute between the cable operator and a subscriber. Staff currently reviews reports from the cable operator and there has never been as issue regarding cable operator information being accessible to the public. Downtown Development Advisory Board It is recommended that this Board be dissolved. When the Downtown Development Advisory Board (DDAB) was first established, a strong Main Street Association (MSA) did not exist. The Main Street Association has gown and has taken financial responsibility for events and marketing the Downtown. Since the two organizations had imilar charges, staff began holding joint DDAB and VISA board meetings over a year ago. Many DDAB members are also MSA members, In fact, on several occasions, when it came time for a vote, members would question which board they were on, If Council makes the decision to dissolve the DDAB, staff recommends that Council consider formally accepting recommendation, from the MSA on downtown issues. Electrical Code Board Staff recommends to eliminate the Electrical Code Board and place all Board duties under the Building Code Board or an all-inclusive Construction Advisory and Appeals Board. Keep Denton Beautiful Board As Keep Denton Beautiful was recently transferred to the Parks and Recreation Department, no changes are recommended to be made to the Keep Denton Beautiful Board at this time. Although neither the Parks and Recreation Board nor the Keep Denton Beautiful Board has been presented with any recommendations, staff is contemplating the following proposals: that the Parks and Recreation Board be removed from the City Charter and re- established by ordinance; and r • That the Keep Denton Beautiful and Parks and Recreation Doards be merged under a 7 or 14 met ,bcr board and renamed to reflect a combined mission. Staff will be discussing the feasibility of these proposals with the City Attorney. Until the proposed Charter revision has been acted upon, no changes to the Keep Denton Beautiful Board are recommended. Library Board As the Denton Library Board is not a governing board, does not control the legal and operational decisions of the library system, and acts solely , an advisory capacity. So seldom do policy issues arise that monthly board meetings consist mostly of updates on library activities 8 1 ?5 x0 32x0 e 0 W erow and are finished in less than one hour. Any policy issue is brought before the City Council for discussion and direction. The Friends of the Denton Public Libraries is a very active non-profit organization offering many advantages to the library system. Eva Poo1e, Library Directory, meets with this group quarterly. The Friends group organizes volunteers, runs the daily book sale, provides appreeialion receptions, supplies refreshments to varicus events, and most importantly, raises money. Because of the lack of policy and regulatory issues with which this Board deals and that such issues, when they arise, are overviewed by the City Council, it would be more effective to dissolve the Library Board. Those of the current Board who are not members could join the Friends of the Denton Public Libraries and continue to receive monthly updates from the Library Director. The quarterly newsletter, Resource, also provides the same information. Parks and Recreation Board It is recommended to increase membership on this board from five to seven members and to eliminate the property ownership requirement, substituting voter registration as the primary qualification. Changes to this Board would require a Charter amendment and would have to be approved by the voters. Plumbing and Mechanical Code Board It is suggested by staff to eliminate the Plumbing and Mechanical Code Board and place all the Board's duties under the Building Code Board or an all-inclusive Construction Advisory and Appeals Board, Sign Board of Appeals The Sign Board of Appeals was created out the Zoning Board of Adjustment so that a separate board could consider all sign related cases. Due to the limited number of cases considered each year, jurisdiction of these duties should be returned to the Zoning Board of Adjustment. Zoning Board or Adjustment S Al present the biggest problem or concern is th; slatur• and voting power of alternate members. Chapter 35 (Zoning Ordinance) clearly states that alternate member may only vote in the absence of a regular member. It is somewhat frustrating for staff to ask alienate members to study their materials and attend the meetings, but not be able to assure th:m that their participation will be necessary at a public hearing, Moreove., .Itcmatc status is pemtanent, not temporary. The selection process to fill vacancies excludes the ability to allow an alternate member to become a permanent member, thereby making the newest member an alternate, In O these two ways, the present system penalizes the experience of altemate members by limiting their contribution to the Zoning Board of Appeals. Staff recommends that m expansion of the regular members from five to seven would improve the operation of the Zoning Board of Appeals. State law authorized every member of a goveming body to appoint one member to the board, Increasing membership from five to seven would provide every City Council member the opportunity to appoint a regular member, 9 7C~ 32X 1a 1 A 0 i 9 -0~3 Aqrnde rvo f AGENDA INFORMATION SHEET I AGENDA DATE: December 8, 1998 DEPARTMENT: Economic Development Department ACM: Kathy DuBose. Assistant City Mvager, Fiscal Management c& Municipal Services SUBIECr Receivt a report, hold a discussion and give staff direction regarding economic development strategies, activities, and policies. BACKGROUND Dt.ring the annual City Council Planning Session, the Council Identified Economic Development as one of their top priority issues this year. Council discussed the following four actions to be addressed: 1. Revi:w current Economic Development policy, activities, and performance 2, Establish outcome-based goals and policy for Economic Development 3. Identify methods for achieving goals 4. Develop marketing plan and strategy (within defined role for City) The following documents have been prepared to support recommendations or options the Council may wish to consider regarding the future direction of our economic development efforts. Attachment (pages 4•A and 5-A) outlines the reporting structure and roles of Denton's City and Chamber economic development offices. Attachment B (page ,t-B) lists 1998199 funding for both operations and indicates the prugmm areas where those funds ere budgeted. dachmcrif ( (page 7-C) list economic development tools available to Texas cities. ttachmrnI D (pages 8-D through 10-D) provides survey data, The City's Economic Development Department performed two surveys -one in lure 1997 and one in April 1998. Information from the ;n-house surveys as well as data from a University of Tcxm -Arlington 1997 sunny of cities has been provided, The UTA survey was r published in the September Texas Toren & 0ty magazine. Attachment F; (pages 11-E through 43-E) reports the results and measured outcomes for 1997198 and indicates how see are currently addressing items 2 through 4 of the issues under discussion. The "Blueprint for cuccess' was developed by City and Chamber staff vtd reviewed and amended by City -incil, the Public Utility Board, and the Chamber Board of trusted. The plan sets go. lists activifics to achieve goals, and identifies the 1 axE~l 32xIC] 'Ile - %now= Q : , 1 'tment FF (pages 44-F through 47-F) Contract &tAcen the City and Chamber for { Economic Development for 1997/98. AltAlt ei h_meet GG (pages 48-G through 57-G) Phil Fontus Target Industry Analysis Summary Attachment H (pages 58.11 through 60-10 Chamber of Commerce 1997/98 Activity 1 Summary OPTIONS Stalf i! requesting that Council give direction regarding future activities and programs for economic development. After reviewing the enclosed information, Council may wish to consider, 1. Chamber Economic De :lopment Contract. The new contract for 1998/99 will reflect the approved funding level of $112,996 and other options requested by Council: a. Keep performance measures the same as last year b. Set specific percentage of increases injobs, property valuation and/or sales tax revenue as standard measurements. (Example; Increase in industrial and commercial tax base by Sa.'a) c. Define specific target industries for recruitment and specific recruitment activities d Wd or delete duties of the office e Change reporting formats or frequencies 2. City of Denton Economic Development Department. We reduced staff by two and reorganize f ,his cutrent FY 1998/99. Council may wash to redirect staff efforts by requesting mfy of the following options: a. Begin to focus effort on recruiting industrial prospects • Either as a ioint effort with the Chamber, or • As an indeptndent effort by City staff to specific targeted industries b. Increase/decrease business retention efforts Increase/decrease commercial/retail recruitment efforts d. Increaseldecteam involvement In residential developments e Increase/decrease partne ird efforts with the universities O f. Develop specific incentive policies g. Continue current efforts ItF.~OM[v~ENDATIGN , I It Is the City and Chamber staff mcmlx rs' recommendation that we complete the a:tivities outlined In the two-year plan with the following amendments: O 1, Delete trade show participation from marketing activities. Focus on direct contact with specific targeted industries 2. Chamber will work closely with City and local land owners to develop project specific partnership(s) to attract specific industt' m (i,e„ suppliers to existing 2 f i A 1, l O r ' • i J .j . .-e ~ 44dt, .+...1 ....r, ..r n..,M...a,..M..n. mv~ TPMfl 1 , r' y PRIOR CTIONMEVIEW j a At the September 1998 Planning Session follow-up meeting, Council directed staff to bring back information regarding our Economic Development partnership to the j December 8's meeting. F1$CAL [N]FORMAIM Attachment B -1999M budget information. EMBITS Attachment A - Current Structure and Roles of Economic Devel,)pment Departments P Attachment B -1998/99 Budget Information r Attachment C - Economic Development Tools Available to Cities F Attachment D - Survey Results Attachment E -1997/98 Strategic Plan Results Attachment F -199 ►198 City/Charaber Economic Development Contract Attachment 0 - PH) I Fentus Target Industry Analysis Summary Attachment H - Chamber of Commerce 1997198 Activity Summary C Respectfully submitted, Inda Ratliff, Director Economic Development Department r~ r A O • :t ail '~rjr: a t i 1 ; . 32x 2 0 t~aa a i i , Attachment A r Cep M~enpa L CITY OF DENTON O~n'~O AssntFaa~y Man`°ae ECONOMIC DEVELOPMENT DEPARTMENT q ENERAL FUND Ihtdaot E WnOirIR DevebOmenl - AdminitlralPw AuittaM rxlan Street Owdimstor I. 'Airport Manager EconorokCew"rnenl communayRNnbna CopdIM1a101 ,dlnltd - - _ _ 1 Marxetvie SpawlW Seenury ' ' ~~M' ~ V ~WpM~ , w'Development Facilitation. Assist developerson all development Issues, such as toning, planing, building permits, Infrastructure needs, data and demograpblc information, n ap production, site location, etc, -e Business Reteotk,n, Assist existing businassesthrough regular tusiness retention visits, coordination of City Business Llalson Team. Mayor and Council breakfast meetings, intrastructure needs, data and demographic information, and business recognition program. Assist in expansion projects through incentive negotiation and development facilitallon. -11.1nlsenlty Liaison. Facilitate ,ojecta m ith the two universities and community college Through coordination of the Towm'Oown Consortium. NCTC Advisory Board, prospect facilitation, and public relations and marketing activities. O'Prospeet Faeilltatlos, Work with the Chamber of Commerce In recruitment of prospecu through development of marketing materiels and preposition of site, demographic and community information. Conduct Incentive negotiatlons, prepare costbenefit analyses, and facilitate Joint Tax Abatement Committee meetings. Recruit and market Denton tocommerclal and retail businesses. -,Public Retatlons/Merketing. Develop and produce marketing and demographic bmIturtVitimphlets end the City of Denton Annual Report. Coordinate City events with regard to loc.! AM Nemationol programs. + Represent the City at local and regional economic development meetings and evtnu, such as North Texas Commisson, North Central Texas Council of Gosemments Economic Development Roundtable, Tex" Economic Development Department, Denton Community Development Corporation, Small Business , Development Center Advisory Boud, North Texas Film Commission, Denson chambtm of commerce events eta olfnternatlonat Relatioss. Coordinate events and activities for international delegatioru Coordinate • international trade missions. Provide export/import information and faciBWO wnrkshope for local businesses. -lLeghtatlve Tracking and research relating to economic development Issues. 1 4-A - - ~ M ` 32 X , O , Y Attachment A r President p p Chamber ofCommeree ;rW-;G61~~fR-ALFON-D PRIVATESECTOR TILITY FUND Vice Preskenl Economic DwelopmenI Economic Development CHAMBER OF COMMERCE Coordinator ECONOMIC DEVELOPMENT PROGRAM MARKETING -,Site Development. Work with local land ownemAntlopers in maintaining accurate industrial site and building inrormation Coordinate efforts between prospect and landowner regarding implementation of property development plans. -rTorgel Marketing. Concentrate marketing Worts on selected target Industries as Identified by PHH Funis consultants. Attend trade shows and events wh, re these Industries participate. Focus direct mill campaign and prospect visits on target Industrits -'Prospect Response. Respond to all prospect requests received at Chamber, v'Regioeol Marketing. Work with regional allies, real estate broken and developers to market Denton sitec participate in regional events and activities, such as Metroplex Industrial Development Association (MIDAS), Greater Dallas Chamber of Commerce, Industrial Development Real Estate Council (1DAC), Texas Economic Development Department, Texu Economic Development Council, etc, o'letereatioeal marketing. Patticipote In international trade missions, trade shows, etc, to promote Droton businesses and to recruit internatinn l prospects, mall Bmleesa. Support Small Business Development Center, which provides entrepreneurial, small businea intention and expansion assistance. i +leformatloo Floweret. Compile and prepare demographic information for prospects. , -'Markellag Materials, Develop and produce marketing materials to be used In direct mail and induM-specific marketing campaigns. O • 5-A , 1 1 ECONOMIC DEVELOPMENT { REPORT TO CITY COUNCIL Decemb,r8, 1998 Altechmrnt B 1998'99 Budget & Programs 4 stiff fu 6 sta t ecgs 17 _ J, 4 Vice President position for6 months Economic Development Coordinator for 17 months 00 S12,4 U of 'a 1 0 u ment a 11 enance S e e ones 9 esa, eeTn s I _J~_ 7 1 conom a ve o mrnt~ro'-ims S 1,3 S ~conom a ve o meat nstnute S Audit 930 ntemat orts 1 YenU ra a iss onT yu~ Membenhlpr'Workshop_ 7J00 S4,500 I1,600 r, r o ess ona ve opmen nConferences'Re_Ions Meelinas 4,617 4,617 6.000 me $us nes~ 5e_iel~pment Center 8,937 o rate`F{~ vtTsu nu sTiEe 15.750 500 Business Itclerilloran r a sTromot ona temf et n ate USlam rexnutlonI _ , ren s n u e eat onf 1,6 em nips' ponwn pa arson with allies 2,300 3,000 3,300 t renovat onf to ppet oor o C am o Commerce Building; AN and Computer • Equipment for Economic Development Meeting Room & Private Offices 64,100 64,100 TU TALOPEIRLATIONA"RDOFLAM 57,424 39.162 ORANDTOTAL9 Includes mnslservices) 5310,896 $112,996 SI00000 5523,892 6-B _ - --r, w I K 32x~rj MIT 0 i ECONOMIC DEVELOPMENT TOOLS AVAILABLE TO CITIES ( Attachment C ❑ Sales Tax for Economic Development ' ❑ City/County Venue Project Tax (sales tax, motor vehicle rental tax, admissions tax, event parking tax, hotel occupancy tax, andlor facility use tax) m County Development District Tax (sales tan or hotel occupancy tax) m Property Tax Abatement ❑ Tax increment Financing m Freeport Exemption m Tourism: m Hotel Occupancy Tax m Designation under the Texas State Program for Historic Landmarks m Designation under the National Register for Historic Places m Grants for Economic DevelopmeA ❑ Providing Land to Promote Economic Development m Industrial Development Bonds (non-taxable bonds for manufacturing facilities) ❑ (asuing Debt to Finance Economic Development (Bonds. Certificates of Obligation) m Economic Development Through Infrastructure Improvements ❑ Public Improvement Districts o Municipal Management Districts m Local Infrastructure Assistance Policies m Municipal Utility Discounts ❑ Cooperative, Regional and County Efforts ❑ Municipal Agreements Not to Annex o Use of Interlocal Agreements m Designating Special Zones for Economic Development • Texas Enterprise Zone Program, Development of Distressed Areas m Texas Main Street Program: Downtown Revitalization • Federal Empowerment Zones: Economic Aid for Distressed Areas • Defense Economic Readjustment Zones Assistance Addressing Defense Budget Cuts m Job Training Programs w JTTPA: Local Job Training Assistance m Smart Jobs Fund: Grants for Job Training ❑ Skills Development Fund: Customized Job Training for Small to Medium-Sized Businesses ❑ Self-Sufficiency Fund: Job Training for TANF Recipients (Temporary Assistame for Needy Families) 7 Economic Development Through cleanup of contaminated Properties (Brownftelds) I Local Tax Incentives for Brownfield Redevelopment 7 Federal Tax Incentives for Brownfield Redevelopment 0 T Federal Brownfield Programs for Local Governments p <V / m Tools that have been used by the City of Denton l o Toots that have not been used by the City of Denton • Tools for which the City of Denton cannot qualify t Tools for which a use has not been Identified 7-c ~t•M,tiY.. a~~~~.J 32~ MOM o ECONOMIC DEVELOPMENT { REPORT TO CIU COUNCIL December 8, 1999 Atticbmenl D Sun•ey Results STRUCTURE/BUDGET City of Denton Survey - June 1997 In June 1991, we polled Texas cities with populations between 50.000 and 100,000 to determine how many titles structure their economic development partnerships similar to Denson. We found three other cities that had both city and chamber economic development departments and whose city also funded a portion of the chamber economic development program. 1991198 Budget Dollars City ontr'but on to City Po ulelion Chamber Funds Used For: Carto ton 90,100 ,000 Oenerml eeondev urposes Denton eun ' omot ons artnge o _ Ab ar etln romot ons aco 10 9 0,000 - o a ci ce uses es Qnet~ equ re a matcno~private sector unds Required a SI SOA00 match of private sector funds University of Tasas - Arllnglon Survey 1991 University of Texas•Arlirglon 1991 suney represented 63 responding cities. IDenlon was not Included In this sun eyJ Cities t at contracs a eco m eve opT mni ictivitui io en ouu a organ at on n ei s at contncl a oRIon of econom~caaveTopmenr utlvll Ito an outside or fm tion Average genera n expen iturcs City of thaton Survey - April MIS An April 1991 survey of other Texas cities with populations ranging from 20.000 to 192.000 provided the o following: Cites %i economic cvtfo ent departments Cities wItF eeonotnk eve o men! co_tporo_Tns 11 program s n e h rou «onom~ eve opmenl a es tax _ Programs Faded s through general rand 6 Trogrtuns e . or more rou private sect-~`or of otrier n ing _ 6 • vane _ _~~n $412,510 Q ~ ven eNd et removT~tT mi an ow 6 ) Su ne range I - 0 u Nam Bran e Note, cities rapor-T;o No cTambeers orcommerce were nc u In suney. 8-D a~t~f~ .r f' r1.+ Jf ~ 'i1~1^ TC- ,YY+~ari 0 Leap V Attachment D Sung) Results continued \ MA1NECONOMICDEVELOPMENT OBJECTIVES OF CITY COL!NCILSSURVEY ED SO 15 UNIVERSITY OF TEXAS-ARLINGTON 10 11997 SURVEY 35. 70 Percentage response to the following questions: 25 11493 41 All types of economic development should be •t997 pursued vigorously 20 a2 Goal should be to attract clean business 115 10 03 Efrons should focus on quality of life and Infrastructure t 0 as Other (included high tech and high quality jobs) When asked how city councils monitored the activities of economic development programs, the following data was provided. Per, _ 2 11 ntlen po Ic es 4~k n ent stu ies 6 .'i Coun<i oar s'committees 990 Periodic repoiria Below Is a list of economic development strafe; es implemented by cities, the percentage o! their use. Lad how cities ranked them by Importance Saes tax i ty ax abatements soll y Dcve opment o industrial parks i --3 Contribuutin n s to non-ppro it economic eve o ment agent es 61T e ere ra state entsfor conomTc eve o ment 0 ve a ment o an econom c cve u ment an _ Creatoratax increment financing district sat icing an enterprise gone rov -Mwee n exem tTon _ ourisUconvent on center TT-Changing e i not s%I ~eci e Ke aration an_pr action o7!u 11th) materials about city_ 0 w Business retention sur%c)Vstudies. 9-D qMll ~za1 'Yet g Wy1Y~ ~ A o eve" Attachment D ( Survey Results continued IMPACT OF ECONOMIC DEVELOPMFNT EFFORTS The UT Arlington survey reported three vantage points feom which to view the impact of economic development efforts: I Now does the program accomplish various goals? The surveyed cities were asked to rate their efforts in the following areas: (1-weak, 2-fair. 3-good. 4-excellent) eta nm ex an to ex sting us nesslin usstr ve o a positive image os ourf y 3 32 Attracting new busnesvindus Infrastructure improvements a nu n e wh o ne- En anc n uah o t e, a , a_rts~ e eve o ment'rewta i ono Intral business district e eve opment'reviUiution o older ne Fr ski 2, Tat ttpsadltures, meaning the amovelof tests not collected by vlrtae sloes abaementa or Freeport eaemptloar. The survey found that total abatements had Increased by 67% from 1993 to 1997, and that treeport exemptionshad Increased by 153%over the same period. 1 What group benented most? Survey results follow: oslratlon! eve n 1 I wor en nem o ~ ~ w wor en ~3 esoetlnntalmole !la tat ntllel ■n al 1 3.0 Inoel jrouq 3.03 6 er t Standard measurements of success used by many of the cities we surveyed are, L Increase/decrease In industrial and commercial building permits 2. fnctease/decrease in industrial/commercial property tax valuation 3. Increase/decrease in new jobs. Some cities take into consideration offsetting incentives, such as freeport exemption anJ p tax abatements, eta, when calculating net benefits. 10-D K10 32 X a 0 r ' Ij Y I vC i S Challenge; Establish "brand Image" which highlights unique features within the community and Its quality of fife. RESPONSIBLE BEGIN END STRATEGY/ACTION(S) ORGANIZATION DATE DATE ACTIONSTAKEN identify the process and resources to devrJop a rommunlty wide brand ima a or Denton. Contact marketing and public relations professionals to City EJD I hese activities were postponed so P solicit Input on how to create a "Brand Image," Chamber E/D that the City staff could develop and Survey the seven Vision organizations (City of Denton, Chamber FYD produce a C'ity•wide annual report. } Denton Chamber of Commerce, University of North Texas, City FJD Texas Woman's University, The United Way, Denton The first annual report was completed Independent School District, and Denton Record Chronicle), August 1998, , Dcnlon County, and North Central Texas College to include s i» them on the "brand image" process. lkvclop and make a recommendation to City Council City FM regarding research results. Chamber FJD Investigal! music, arb, and cultural activitks as they may apply to DmIon Is brand Image. A Develop and perform survey to determine what economic City FJD 01198 In formation gathering meeting held Impact the music industry has on Denton. with Council member Cochran and Christine Gossett of CVB. Project committee formed to develop survey instrument and begin study. Research and directory documents obtained. Working with UNT to 0 develop local Denton talent directory, Contact other cities which promote music and arts as their city FJD) 3199 C'ui~tarted Arlington, Virginia B. U M IL I'VIM [NIP N)1'f 1 f Jt11 AktG1l MAY i I RAiUA Pt A,% kY N VtAk kNb Rl"I d1v 10 0 racs~ . 0 Y r I 1 t r r c i i, AMA. ~ f'; y i r : 4 Ai I E RESPONSIBLE BEGIN END ORGAN17ATION DATE DATE ACTIONSTAKF.N STRA TEGYlACTION(S) brand image to determine similarities regarding Arts Incubator program investigating possibility of similar t program for Denton. J r~ I M `S it N 45h1111.551ARI DJN.liov Wr 31 MikUK KANA'IRA rt.UK KAN IT NYkAR kNO OU KAI lne 10 3 2 X e O t r 1 1 RESPONSIBLE BEGIN END STRATEGNACTION(S) ORGANIZATION DATE DATE ACTIONS TAKEN Investigate possibility of establishing formal incentive City UD 6M Music Committee working on and/or promotional programs to encourage music and arts Ienton musicians' directory to industries. promote Denton artists. Work closely with Vision Play Team to develop and "arts City E/D 10197 Ongoing Vision Play Committee members corridor." Coordinate developmAnt of the corridor to ensure presented proposed downtown that the corridor compliments thr downtown area. improvemenir to Historic Landmark Commission, Downtown Development Advisory Board and Main Stmet Association, The Public Improvements committee has recommended the City proceed with w construction drawings. Stafi'is iK preparing an nrchitcctural services contract for consideration by the City Council It, December. I Mk Construction should begin sometime in Spring :999, p: nding j • state and federal rulings on the City's application rot National Historic keglstrr status. 1 City E/D 10/97 Ongoing Vision group meetings held, Texas Work with Vision group to investigate possible uses and Downtown Association architect restoration of Diesel Plant facility on Hickory and Bell. developed two renderings for • possible reuse of building. • Economic Dvelopment and Utility departments visited with three N 01 11 %01 1 WAKI up I1"11111O11 R O WIC M.1V -StR411 UR' 1`1 AN SI N I IAI I NO NJ "I N% z ' Ire IiE{x~, z ."i x 3 2 x 1 0 . . r . 'd k~s O '11><'IYIO r fr i I { 4 ~1 r I potential users. Library consultant µi11 consider use of facility in Master Plan. Report due January 1999, i J a M 1 ie s 19 I II N'U 4N11 UJN II 4)% Is( iI1U11 bN MW ilA❑oN Q.N% IV W140140 KI"Ii o XI O 25 32 a cams= AGM4 r • 1 M Challenge: Identify appropriate funding mechanisms for economic des,elopment activities. RESPONSIBLE MIN END STR4TEGY/ACTION(S) ORGANIZATION DATE DATE ACTIONS TAKEN Identify and solklifunding for economic development Visit with Texas cities, chambers, and other economic City E/D 11197 07/98 Surveyed 35 cities. Twenty development organizations and allies to identify alternative Chamber E/D responded. Survey results to be funding sources. presented to City Council December g, 1999. (Informally talked with eight communities rx,t funded with sales tax.) Facilitated development of new tax abatement policy (policy not adopted by City Council), Report to City Council on findings and provide options of City E/D 10/98 12198 Economic development tools ahernative funding sources. Chamber M) defined. Present to Council on December 8, 1998. Reassess and enhance campaign for private sector Chamber E1D 10,97 12197 Completed 10/97. contributions. • Solicit additional prig tie sector finds. Choi r E/D 01198 09/99 As of 9130198, 91 ',a of pledged amount received. Some donors 1 are set-up on quarterly or end-of• year schedule - funds still being received. Pledge cards have been printed and campaign underway • for new fiscal year. • 'A 16V\(K I f11U11i,M Al L1 iscAt1 A rt(,K n 44 smk mn1\1 YNl L MI t" wIbI1 N. 32XIC) n 0 I 1 Challenge: Leverage the assets of higher education institutions to enhance economic developmenl el7bris. RESPONSIBLE BEGIN END STRATEGYIACTION(S) ORGANIZATION DATE DATE ACTIONS TAKEN Investigate, create, and utilize existing program within higher education Institutions. !-.valuate and redefine Town/Gown Consortium. Restructure City EA) 11197 10198 Town/Gown to discuss future direction of group at October the membership to expind the scope of economic development direction meeting. New 1999 activities, Community Relations Coordinator to be charged with development of new a rtnershl roject-i. I` i M New l.rjjcct; identifying Continue to explore joint ventures between the City and higher CityM 10197 Ongoing Brownfields - UNTapplying education institutions. for grant funds to identify sites in Iknton that may require environmental clean-up. • Working with Utility and Fconomic Development departments. 06198 12198 "Experts" directory being Actively explore higher education linkages as training Chamber-SBDC developed which will resources for existing and new businesses. Cennect City [%D highlight departments and businesses, science, and research activities. Individuals who may provide specialized services to 1# J business. Resource Directory W Il Al 11%1 1111111 13 /N/ r M S11 I I A A 11 (.1C II. AYJ T R 4 Mk WR191YNV AR!Nb Rk IAx r y 25)k 32XI❑ nor VI 1 . 0 i. 0 1 r I . • 'I + completed, Denton Community Development Corporation now ready for referrals for small loans and training opport tnities. 06/98 03/98 Worked with UNT & NCTC Develop a technology transfer program for small and Chamber E/D in conjunction with Intel's traditional manufacturing firms. City FJD training. - J J I t9 ! i i N AS V(A I IIIAIII 01A P FD171'vsmv Fc K K AN'EiEA M" Ell AN Fl 4 1 E.1A END 1U "T d. 10 ' a r<i 4 r M y t 1 ".yet Challenge: Foster continuing dialogue between city officials and rke private sector regarding the development process lRESPONSIBLE BEGIN END STRATEGY/ACTION(S) ORGANIZATION DATE DATE ACTIONS TAKEN Serve as liaison between the City and the private sector concerning development Issues. hosted two meetings regarding Utilize the existing Chamber Executive committee as a Chamber UD 10/97 Ongoing Denton Plan and made a formal conduit for discussions. response to City regarding Landscape Ordinance. Task force formed to meet and work with t City staff on Cori idur Overlay r= Ordinance. 66 technical assistance contacts Facilitate coordination issues. en City departments on City DD 10/91 Ongoing have been made to date (9198). ~ technical development ssuuess. . I Promote and participate in Uevelopsitn1 Review Committee City EID 10/97 Ongoing Staff meetings - attends s weekly approximately URC y 4010 (llRC) meetings, date (9/98). FiAcen follow-up contacts have Maintain contact with developers and follow-up on the City GD 10197 Ongoing b.rn made to date (9198) to status of specific projects. Chamber E/D various devclopen concerning propo+ed and current dev-lopment projects. Chamber has made contact with developers at NAIOP, u GFWAEUA and DAEDA meetings, as well as working with Trammell Crow and I Lunt M N A1 'W 1 111AMo XPVI,17WWROWK' /E4P31R4tEE11C Kk%EY N Y1 AS MM,P,M 6s - j r ?S:K 10 32XIO 0 .®ser.Mr r 0 ,s r w 4 i ' r RESPONSIBLE BEGIN END STRATEGY/ACTION(S) ORGANIZATION DATE DATE ACTIONS TAKEN Petroleum, Followed up with Donlon Regional regarding property at new hospital site. Meetings continue with hospital personnel and with United Copper. Promote Development O„ (j7cerposhlorr wilkin communhY and Qy departments Participate in local and regional professional associations. City E/D 10/97 Ongoing Staff actively participates in the Metroplex International Development Association, Denton Community Development Corp M Advisory Board, Commercial Realtors Breakfasts, Small Business Development Breakfast, OPTIONS - Women's Expo, basic FD Course in San Antonio. Greater Fort Worth Area Economic Development Association. Devote attention in the quarterly newsletter h) available City E/D ION7 12/97 Position and services highlighted 10/98 12/98 in December 97 issue of ED Lone. devclopmcntscrvices. June 98 Issue included information on the industrial site inventory. Readers were directed 1 to contact development officer for assistance with Individual sites, Development services highlighted in December 97 issue of the ED rn~s'ruiurvuwx.rrm.vrsrlunornwsrurtaKntivnaree+ntvouwuu, ' i, 1 a q s r i ! r 0 (1, 't +Y ,J "t e r RESPONSIBLE BEGIN END STRATEGYIACTION(S) ORGANIZATION DATE DATE ACTIONS TAKEN Zone. Specifically the addition of GIS access to ED department was discussed. On-going Publish article in newsletter on Publicize reforms that have occurred or will occur in the City F1D impact fees. development process. t N O M A I J-1 J 1F 1 F V1% FJI I MI D MII ON S Yf 319ATFGK FLANJ MA IF W FLAN I Y II Y£ MI END %L"I AV .,5 x 10 3 2X ~ t K ISM S . O 'I. 1 F 71 I r Challenge: Implement proactive recruitment and marketing program to attract target industries. RESPONSIBLE BEGIN END STRATEGY/ACTION(S) ORGANIZATION DATE DATE ACTION'i TAKEN Develop marketing materials to promole Denton. 06/97 09/97 Committee formed of key Form a aimmittee to work with marketing professionals to City I:/D department liaisons, Chamber and produce new promotional materials. Chamber FJI) marketing professional. New marketing brochure produced. 5,000 copies printed, [kvelop a database of buyers and suppliers to create a CityE/D "On hold" As we began to create a network that encourages cooperative marketing. comprehensive business list, we rmi Into several technical N roadblocks. We learned that the GIS group is developing a system cn that will provide up-to-date data on each location. This project is postponed until accurate data cra be obtained. When completed, 0 businesses will be surveyed regarding buyerstsu liers. 02/98 05198 Developed and produced Develop a detailed demographic profile of Denton. City CID demographic informational brochure on Denton. ' Staff has upgraded industrial site ~ Upgrade and maintain industrial site inventory, Chamber H7D 1x97 Ongoing inventory through the GIS system, City E'lU producing professional loe'ang documents with current infrastructure, zoning and topography Information for all 32 Industrial sites. Staff has also {,1 tS I S1 40M II'Ll M'SIR titdt RAM"rM It/M' RAN ITN YLAII LPL, LLRM.I ie ~~KI❑ 32x~ta a' `f. ti' • r tit - r 1 n , RESPONSIBLE BEGM END STRATECYIA(710N(S) ORGANIZATION DATE DATE ACTIONSTAKEN begun working with local real estate brokers through participation in the monthly Commercial Real Estate Breakfast meetings to create a commercial site inventory. i t E ' A'll Af'\'(K INJ DJK IIDI IV( T"l WK' h ASURA rT(,K' RAN M M I IM IND Mf t4+ 2 K 32XIO , r f 4111m1i1l9 t D S RESPONSIBLE BEGIN END STRATEGY/ACTION(S) ORGANIZATION DATE DATE AC71ONS':AKEN City Prepare custom presentations for prospects, Chamber E/D 10!97 Ongoing staff has created c,,stomized Power Point package for new prospects, "Denton At A Glance," Develop Annual Report for City of Denton City E/D 01198 17,91 City staff created and produced 1996197 Annual Report, The 1997/98 report will be printed in March 1999, ` D.relop tnarkrting materials regarding statistics and labor Chamber M 10/47 Ongoing Staff has created a Power point package for new prospects, work force information. City EID "Denton Al A Glance;' which is u Develop materials to promote Denton as an employment City E1D 11' P7 Ongoing continually updated. The M center. materials can be easily customized for Develop materials to promote Denton as a retail center. City EID 10197 Ongoing industrial, commercial and retail prospects. • I i ~{N{1 SUlISIIUI PDVTOYSYI'Jl E,1Sk.L![ILAMIIR{I[fIM'IR{N IY MYEIE[M Ff1[MI Is • 11 '~aa4'=lur? 2 5 -X I0 X 32 y~ e u RESPONSIBLE BECII END STRA TEGYIACTION(S) ORGANIZATION DATE DATE ACTIONS TAKEN Continue to promote Denton through attendance at target Industry trade shows. _ NEPCON West Chamber E/D 02/98 02/98 As a result of International Isotope's startup, monies budgeted for trade shows have ComNct 06198 06/98 been diverted to targeted marketing calls on companies referred by lira possible partner- Medical Design and Manufacturing 07/98 07198 or users of their products. Contact by mail or in person has been made with 14 companies. Opportunity Show Additional personal contacts made duri ng Canadian Intemationai North Texas Commercial Association of Realtors f"ty Ell 08/98 Trade Show in Toronto as suggested by 11. Also made personal amtact with company SEMICON South%;est 10/98 10/98 Identified by 11 while attending N011 11*w m 9718 shown I'W5P/9 rhuwl W M delermintd AaeQ on I DRC In San Diego. uli~itkt and m ch tVl n In 1preleQ lndusvuo Coma Inue to promote Denton through direct malitng to target Industries. • Growth companies in Metroplex (fastest growing Chamber E/D 04198 04198 1lave identified 11 of the fastest , companies). 04199 04/99 growing private manufacturing 4 companies through the Dallas i rr Goal News Newsletter 09198 09198 Business Jouroal. Foliowrd up 09199 09199 with mailings of marketing materials. Contribute information K .IMtD3Kr1`O\SVrf11ARIN(' K 4MSTX4110C r1.1\1t♦1t 00 U. K*T I C3 s 0 F I , F I 1 111 RESPONSIBLE BEGIN END j gTPATEGUACTION(S) ORGANIZATION DATE DATE ACTIONS TAKEN 6y, to be included in Telecommunications/BioMedicalcluster, 01/98 01/93 monthly/quarterly economic 01199 01199 development newsletter, GU, article in chamber newsletter each month, I } Mailing completed to 14 radlopharm,:ceutical firms. Through sponsor program with Outlook magazine, provided 304 names of corporate real estate j executives and pharmaceutical companies and through N adversising contract, they received a one-year gift subscription with M the first issue carrying a sticker -44 Identifying us as the donor, r• Develop and foster relationships with state, regional and i local allies Including utility, railroad, real estate, and I government representatives. i I:UC Chamber staff attended 1 Attend meetings and confe.tnces of professional economic Chamber FJD 10N' Ongoing staff ee development organizations. City EN Board mceli!,g in n JJannuaryauar. and City y staff • attends quarterly Greater Foh • Worth Area Economic Ikvelopment meetings. Two City staff members attended i'A H Ass ut. J't4HtmiFrD5At wkriK rt4NJtKkTM1t RANrY NYlAL ENO L4 NMI t&.a 32 X 2 5 10 • i r maws h RESPONSIBLE BEGIN END STRATBGYIACTION(S) ORGANIZATION DATE DATE ACTIONS TAKEN the 3 F Annual Economic Development Course and year one of the Economic Development Institute. The director graduated from the Institute in August 1998. City staffaW participates in activities sponsored by the Texas Economic Development Council, Chamber staff attended monthly meetings of various local and area organizations such as DAEDA, OFWAEDA, MIDAS, Commercial/Investment Real o-1 Estate Brokers. } This group is included in our t Invite state and regional economic development Chamber EA) 06198 06198 Allies Day event. Planning is profession.ls, real estate developers, brokers, architects, 06199 06A underway for next event, engineers, and contractors to Denton for a day of activities. p Senior executives of two Invite target industry corporate executives to Denton to Chamber P/D TBD TBD pharmaceutical companies have personally inform them of bcnefitsof treating facilities here. visited Denton. One company is considering Denton for a facility and the other is working on a joint venvire project Nith 1'. , rM H A 11'(A I IWJU MA 1rV%&" STRA UGh MAWMA lF A M AEI It AI IF J [Mb Rf.R11 r &K x,11rr', 5 " 32XIO it l ; s'- r ~i y~ b~ V I' 4 t~ T 1 Y 4 t Y 1 1 ~ 'n ¢ 1, 4 u 1 4n _r e~~ 1 ,w cl ~ r~lr ~n % 0 I RESPONSIBLE RGIN END STRA TEGY/ACTION(S) ORGANIZATION DATE DATE ACTIONS TAKEN 'I2te recent arvaunc :ment of Initiate research for specific trends through *,artnerships at Chamber E/D 1&98 09199 United Copper, a Mexican local, national and international levels to identify economic City E/D company, provides impetus for development opportunities fur the City of Denton. other Mexicaninvestment in Denton. One of the pharmaceutical companies we are working with is Canadian. Continued marketing trips to Canada will foster those relationships. N J I M City staff has coordinated visits for the Mexican Consulate Genera, LULAC and United r Copper owners. j• c Ii'ILI`9NAFV WpV rD4 ACJibr rtm[ R.M 31 La t1 UK M G4 11 M LM MW KMf , 1 32 # !J Ll jYl ~Yf I 1 ~~.p.Y w ~ Y Y 9 1 ♦ 1 ! W R , I _ v 1~ r ~ f i ~ ~1 Y yw r. v i 0 V 4r . I 1. ,Y' I 1 Challenge: Provide ongoing support to existing Industries and businesses. RESPONSIBLE BEGIN END STRATEGYIACTION(S) ORGANIZATION DATE DATE ACTIONS TAKEN Establish e formal Business Retention Program that will provide ongoing support to local businesses. Perform annual business survey. City E/D 'On hold" Database of Denton businesses Chamber ~ being developed through GIS system. When completed, business`s will be surveyed regarding buyers/suppliers. Upcoming Retention visits Tetra Coordinate monthly business retention visits to major City F1D 111/97 Ongoing pek wW Weathertrol Supply m emplu)'ers by the Mayor and economic development staff. ro Completed retention visits: Turbo kc, ;gerating Russell-Newman Hartzell Manufacturing ` Anderson Merchandisers Denton Publishing Company Acme Brick Victor Equlpmenl Company j Boeing Electronics S Exposition Mills Andrew Corporation • M '.den T, Inc. gam; Go '.den Mail r Complacd retention visits: Implement monthly retention visits lo small businesses by City F/U 1a97 Ongoing San Day Studio IfN A9r U.I MIAMA DOPTI W OR AMAC FLAKJ t%A 4W 11 AN rS M YL At LND It"? Jl - r.aYi,.I z5 x 10 34 x~❑ 5 array C + i S ,t RESPONSIBLE BEGIN END 1 STRATEGYIACT1ON(S) ORGANVATION DATE DATE ACTIONS TAKEN 1 the director of economic development and coordinator. Rutledge Wood Produces King Richard's Cat _ Marine Plastics Liaison group highlighted in first Promote Liaison Group as a "one-stop process" for City F/b 1091 Ongoing quarterly newsletter. l.iaiwm responding to business's needs and questions (Friends at Group attends Mayor/Council City Hall). Breakfast Programs to become more familiar with companies and their operations. Liaisons alss coordinate business recognitions for their departments. "On Ilold" Database of Denton businesses Create and maiytain a database that profiles the economic City l /D being developed through GIS to base of [knton, providing a complete im'entory of business program, establishments in the City that can be categorized by SIC, employment levels, and various geographic subareas. _ Mayor/Council Breakfast City L/D 10197 Ongoing Dec, 12, 1997, Program at Mercado Juarez { Mar. 25, 1998, Program at Ilat Trick Roller Ilockey Complex Upcoming breakfast will be combined with recognition event in October 1998 hosted by Police • and Fire departments. ' Business Recognition, City E/[1 10197 Ongoing Upcoming recognition event will be combined with the October 1998 Mayor/Council Breakfast M 11 A f W ll I YIUAI DDLII'iT)^.O:i t Al R(iK ILANJ IA ~O1ffi R.AH I Y M ML M LwD A41'uAt 1e ly ~ky~'t.. 4 K 10 32 Q 1_ y 7- 7 U MU ■r ` o J i 1 RESPONSIBLE BEGIN END STRATt:GYIACTION(S) ORGANIZATION DATE DATE ACTIONS TAKEN Recognition event :ombined with Dec. 12, 1997, Mayor Council/Breakfast. Recognized: Peterbilt, Target, and UNr. June 98- 450 copies Publish quarterly economic development newsletter Ig City E/ll I 0N7 Ongoing Dec. 97-300 copies [-Q. 'Lone. Mar. 58 -450 copies June 98- 500 copies Oct. 96 - 500 copies o Investigate the feasibility of an annual one-day marketing Chamber E/D 04198 04/98 Allies Day event held on &16/98. Forty-five local businesses invited M event to promote existing businesses. Forty- to attend. Atlendk s recognized at 04/99 04199 dinner. Develop relationships with Bloch Chamber of Commerce. • E.D. Coordinator maintained ' Participate and attend monthly board meetings and related City EID 10197 Ongoing monthly rdina with Chairman to business events, discus r a:iivities. A Blurs Festival was held in i Identify join) venture projects between the City and Black City E/D 10/x): Ongoing August 1948 Chamber. 'the Chamber Chairman participates; in the City's business development trip to the Stale of v Jalisco, Mexico. Working to identify other joins projects. L W IIk$ 10. 1 54101 O4KPV IVCVRkit00.'PL A" MAMA R1NFIM 1LRf NO RO r&, ' t „ x~ s, 25 x f~ 32 x p r f ~ P II v a ~H e a j, I w. 1 A , r r t . . tl RESPONSIBLE BEGIN END STRATEGY/ACTION(S) ORGANIZATION DATE DATE ACTIONS TAKEN Develop relarlonshlps with Hlspanle Chamber of Commerce. F.D. Coordinator maintained Parti,ipate and attend monthly board meetings and related City UD I0l97 Ongoing monthly contact with chair to business events. discuss activities. Staff attended the New Board Members installation ceremony on April 21, 1998. w Chamber President participated in Identify joint venture projects between the Ci'.y and Hispanic City UD 14197 Ongoing the City's trip to the Stan of 1 m Chamber. Jalisco, The Hispanic Chamber and tiie City hosted the State of Texas- Mexico Office visit to Denton March 26. Otherjoint projects arc being y discussed w X H At Y01 I SNAA1 ft"M1' I WWR WX PL W4 tRArKK KAN fNN ME M E W W"I A. riJtsr4d~,t.'dM1 b ~7 t K Emory FS ' P o q r, V 2XI O tt to a s • v E - i RESPONSIBLE BEGIN FIND ~II STRATEGY/ACTION(S) ORGANIZATION DATE DACE ACIIONSTAKEN l Continue to support Small Business Development Center Program Artivilles. Assisted 195 new clients resulting Provide free consulting services to those considering starting Chamber SBDC 10197 Ongoing in creation of 80 new jobs. new business venuires. Coordinate special workshops and Chamber FAD Sponsored or co-sponsored I S seminars for existing small business. As Needed As Nctid d seminars with 143 in attendance. # City and Chamber stafTattcnd 1J Attend a.•d participate in monthly small business breakfast City EJD 10197 Ongoing monthly meetings - 10 to dote (9- i meetings. 98) w Implement an Industry Appreciation Program I Allies Day event held on 6/1(!98. Honor existing industries through hosting of aforrnalevent. C'hamberFJD 04198 06/98 Forty-five local businesses in%ited 04199 06199 to attend. Attendees recognised at dinner. Chamber and City representatives Coordinate visits to the corporate headquarters of local Chamber E/1) TBD '1 BD visited corporate headquarters ve businesses by City and Chamber representatives. Pcterbilt, Boeing, and a major retail distribution center prospect in August 1998. ' Recognise businesses with major anniversaries and/or with City L'D 10197 Ongoing Petefiilt Prter ilt, Tforarget, their and i:no UN'T T were we rtcognii.cd . innox..'iveprograms that can be utilindby other industries, environmental programs. All 4, wn r au nei murrV%J H( L%M rwtt n. %Kar unr•x n.a tr w re O tND N"T ~ i, is s xA~ ; 0 4 Challenge; Develop programs to foster and encourage venture capital Invesftneni jor new jacilifies and the formatlon of new businesseslindustrial parks, speculative buildings and otherfacililles. RESPONSIBLE BEGIN END STRATEGY/ACTION(S) ORGANIZATION DATE DATE ACTIONS TAKEN Build and foster relationships with local and regional developers and investors. Seek investors to develop and build businesstindustrial Chamber E1D 10/97 Ongoing Worked with Trammell Crow parks, speculative buildings and other facilities in Denton, representatives in conjunction with United Copper proj(xt. Mainlain close contact with Marc Myers, Myers-Crow, Don Dillard, Hunt Peirolcum, Guion Gregg, I iliwood w Mvelopment, Industrial Devetopnlent, Inc., Bradford Companies, KolI Company, Tom Fouts, and others. Worked with Iwo local developers to connect them with users for their buildings, « resulting in occupancy of 60,000 sq. R. that was temporarily vacant. City and Chamber staff,rict with Imestigale programs and/or groups to provide venture Chamber E/D 10197 Ongoing k to discuss capital for entrepreneurs with sound business plans. Banco Popular bank to disc potential commercial and;ndustrial 1 • investments in Denton. • Chamber staff attended ,outhwest Venture Forum breakfast in March. List of venture capital firms and business brokers in riles for use as il k$" L111Q1VAPNASWA I AAi40K R ANVAA r11dC n OAT tl YLAA LSD AI RN,r~ a r ;r~1.; 2-SK 10 32XII..JI F r j % RESPONSIBLE BEGIN END STR,ITEGYlACTION(S) ORGANIZATION DATE PATE ACTIONSTAKEN _ required. Develop personal relationships with landowners as part era Chamber E1D 10/97 Ongoing Pet with various landowners Don coordinated campaign to market their land. including Newton Raynor, , John Dillard, Craig and Dale Irwin, McCormick, Guion Gregg, Fran!< Martino, A.E. Wyatt, and Bill Nicholson. w i M ,A 1 1 ~ • V W II Af\,111 d„,AfaLX FU 1IWAMArUM pL4"TAATtW RAN Fyn tjL" END AWAY ft 2 K I 32xICJr R fJC~AO ^ ^ -.5. 1 1 .4F 1,i ' O I r i E. RESPONSIBLE BEGIN END STRATEGYIACT'tON(S) ORGANIZATION DATE DATE ACTIONS TAKEN Sponsor periodic socialftsiness events to which the Chamber E/D 06/99 06198 Allies Day event held on 6116196. landowners would be invited. Forty-five local businesses invited to attend, Attendees recognised at dinner. Continue to work closely with Binswanger and Trammell Chamber E/D 10197 Ongoing T'a1k with brokers frequently. Crow to find an end user(s) for tt_ TI building. City EID Invited brokers to attend Allies Day event for tout ofsitesand TI building, I w M ,A { I I i r i ~VB 42 VM 311A Ih aFrT IS CATRMbON Mkl TO lWKFL 11 A T[M EFD Rl."t A♦ ^.x~ 32r.~❑ a Q i , I Challenge; Design and establish a competitive incentive program to enhance the marketability of Denton. RESPONSIBLE BEGIN END STRATEGY/ACTION(S) ORGANIZATION DATE I)ATE ACTIONS TAKEN Creole a competitive incenrive program for Den lon. Visit with other Texas cities to identify innovative incentive City E/D 11197 W/98 Survey Texas cities (20 out of 35 tools Chamber FJD resporrded). Informally visited with eight communities not funded with sales tax to determine incentives being used. Explore State and Federal financing option.a that are City B/D 01/98 05198 Contacted MD, FFDA & TF.IX'. Continue to search internet and w available to the City, newslcners for available programs. M Developed brochure for DCDC Utili.e the loan program services of the newly developed City PI) 10191 Ongoing micro loan program and helped Ihnton Commanity Development Corporation. Chamber E/D distribute at City events. Continue to provide information and refer potential small business owners. City and Chamber staff is member Establish partnerships with Denton's institutions of Ligher City LID 10197 Ongoing of North Central Texas Workforce teaming to enhance local work force training opportunities. Chamber FJD Employer Advisory Group. Working to identify employer needs so that institutions of higher learning can tailor educational programs. Worked closely with I' UNT and NCTC in coruxrtien with Intel's training needs. Also working with P to identify their training needs and assist in locating ^ - appropriate department at institution 4ip NIU iq Lmi miril w s rottldx M IN Srl kn6K 1l AN R al%LO PMMIb. ;~'r 25.. ~a 32xI❑ S 0( 1 F Y tt »saaie + is N Y i RESPONSIBLE BEGIN END STRATEGYIACTION(S) ORGANIZATION DATE DATE ACTIONS TAKEN t•, of higher leaming for development of program. Reassess the feasibility and effectiveness of the incentives City FlD 11/97 05/98 Reserch completed, New tax {r offered in the curre,n package. abatement policy d.veloped. (Not f adopted by cot Icil) I I Report to City Council on findings and provide :ptions for City ED 01198 07/98 Options for incentive to be ~ 7 preset ted at December 1998 City + possible additional incentives as well as recommending ` Council meeting, enhancements to the existing incentives program. A M1 J r t M + +J r S r A~ FYI it ,4 to At N0+. PJogotDokPrj)%'9VC'At"T1,,K PLAN M1tWtLK PLAN 1141, 1 M IIl04Mtoo, r1 2 rr 0 32- 10 N~ ~1 Gl , ' tD ` 1 Challenge: Define the City's role in the International business arena and utilize the diverse set of regional, state, and national resources that are critical in boNding a competitive global economy, RESPONSIBLE BEGIN END STRATEGY/ACTION(S) ORGANIZATION DATE DATE ACTIONS I AKEN Create an lnteenarionaleconoink devefopmenl program - trade promotion, Investment opportunities, business expansion, a was contacts, and direct marketing. Actively participate in the National League of Cities'(NLC) City F)D 10197 Ongoing Membersh p has been executed. global connections partnership (l7LOBECON) progrartt, Receive 1.ionthly GLOBECON International Reports that provide up-to-date trade statistics and information on new market orportunities. rn Wentify an effective international marketing alliance and City UD E.D. Coordinator maintains network involving the city or Denton. Denton County, and Chamber FJD contact with area international ^ the Denton Chamber of Commerce. Denton County trade offices: "0 • U.S. and Foreign Commercial Of icc.Fort Worth. • Fort Worth International , Center • Dallas Office of International • Affairs • BANCOMEXT=Trade Commission or Mexico a Orupo Runquillo Inc. Aueuded "I'EIX's International 1V' 14 A 1' iM I MIARV'IM rra*swj r"4 uff 0AN! IM r1 uK MAN 1t 01 Y[At ISD Itl lu11 l~ E WORM o , MW RESPONSIBLE BEGIN END STRATECYAC?ION(S) ORGANIZATION DATE DATE ACTIONS'IAKEN Conference/Reception 2.19.98. Continue active participation in MIDAS. Identify the resources of higher education institutions in City E/D 05/98 Ongoing Mel with representatives from providing assistance to companies in developing export Chamber E/ll TWU and NCTC to discuss marketing plans. potential joint ventures, Conduct a survey of local companies to determine their City F/D 01/98 04/98 Surveyed participants in Major interest and potential in exporting. Chamber F/1) Employers' & Manufacturers' Guide to determine interest in exporting. In addition, specif,4 w survey questions relating to o international trade will be r» included in annual business survey. -IN Research and provide recommendations to City Council on City LID 11/97 01/98 Preliminary research presented to r , a possible "sister city" relationship with a foreign country. Mayor Jan. 27, 1997, Research included overview of Fort Worth's Sister Cities Program, and mcmbc; ship In Sister Cities International. Slafi'has prepared a proposed sister city program structure. Currently, staff is working through available area resources to identify potential relationships (currently, we have no funding for membership in Sister Cities International). CreateJ "friendly IYM AS \OI 1 lIIA1}Dtk1i JlSJYC J I1 AIEIK P LAVA 11A IE Wf KAN FY SE YEAS END IU:rOOt 61 I 'J R . 1 ,'Yy' j j,K,¢If. i r' •K V " ~ 1 l M i '32 X Yi Algal" o i i i RESPONSIBLE BEGIN END SrXATEGY/ACTION(S) ORGANIZATION DATE DATE ACTIONS TAKEN agreement' with City of Gunman, Jalisco, Mexico. Derelopandpromofe "reversetrade"velivitlesfor Denton businesses. Develop and promote "reverse trade" activities for Denton Chamber F/D 10/97 Ongoing [USA, ro of xicd Copper businesses. City F/D Industries esfrom Mexico, now plan to use full 90-acre site for U.S. Ilead uartcrs. Work in conjunction with the local chambers ofcommerce City L'D 05/97 12/97 Business Develuprnent Trip to the to develop an initial outbound mission to the State of Jalisco Local Chambers Slate of lalisro -ompleted to identify potential trade opportunities between businesses Oct. 4, 1997. Follow-up contacts o in Denton and Mexico, made in Mexico. City officials visited lU5A - parent company of United Copper on March IS -21, 1998. On same trip met with Mayor of Mexico city. Continue to actively parlicipale and support the Annual City F/D 02/98 OngoingAdStavff isory attends Board the Zapoilan. Staff Spring International Working Conference "Fl Proyecto Chamber FJD coordinated activities for en for the 5" Zapotlan" sponsored by Cie University of North Texas, annual International Working Correrence April S-1 I. 1998. City staff worked closely with UN'f in coordinating aclivities for April 199s conference. Cily also hosted r~~ce tiun for delegation. 40 ,N k A S SU fSl V L Ddkl r03 SYCJ76A t! OM nA V 3INA h Ldr M14N 11 M SI V END Rr" r /w r i 0 Challenge; Ald the private sector in coordinating available resources to maintain a well-trained effective workforce matched to the needs of current and potential target industries. RESPONSIBLE BEGIN END STRATEGM(TION(S) ORGANIZATION DATE DATE ACTIONS TAKEN Develop new mechanisms to enhance the level of communication and coordination among education and training providers, a, NCTC Advisory Board, Work more aggressively %itn representatives from City ElD 12197 07/98 1 N?G&TC Advisory board marls s» educational institutions to increaw their leadership role in Chamber UD monthly and has a representative employment and training programs. on board from UNT. Promote and inform the busine: s community about the City E/D 07198 Ongoing prepared annual report ion t • training capabilities of educational institutions. projects in higher education institutions for Council to discuss at National League of cities conference in November 1997, Customized training programs promoted at business retention visits and to prospects. JV Publi,h survey instrument for current and target Industries Chamber E/D I ON7 NTE&I'C Advisory Board to identify specific skills needed and future training City E/D Ongoing completed survey and distributed challenges. to employers. till AS VOI 1111 AWPIA P1VVSWJ1MA1tOK /LAND 1imi t K' RA%rY a/ fr A1119D M K*f H MAN 32XIO Kc 6 , 0 'l RF,SPONSIBLE BEGIN END STRATEGFIACTION(S) ORGANIZATION DATE DATE ACTIONS TAKEN Meet Aith the. North Texas Work Force Development Center City E1D) 10/97 Ongoing NTUTC Advisory Board meets Jl to solicit input and support in structuring tui ongoing talent monthly to solicit input and pool program for the area. support in assisting the Workforce Center develop an ongoing talent pool program for the area. City staff rcprvscntcd on Hoard. Explore skill developnrenrprogramrjo► non-college bound youth. Work with public secondary schools to make improvements, City 01) 06198 Ongoing City staff participated in the Key A in mentor and school-to-work programs. Texas Scholars Program. Staff N made presentations to eight l i~ graders at both Calhoun and 02!98 02/98 03!98 03/98 Strickland middle schools. Structure and adopt job training progroms to meet the needs of current and target industries. Assist Denton County Work Force Development center in City E/D 12/97 Ongoing City staff attends monthly North • Central Texas Workforce ~ performing a work force and occupational assessment to set Chamber E /D Advisory Board rieciIngs. The new goals for education and work force training. group has developed a surrey to find out the recruiting and training needs of local employers so that the center will be able to • serve them better. Also the board • y, is discussing developing a guide I that would help "shift" workers deal with the difficulties and stress Involved in shift work, e.r 1'N Af 5'U.11114ALfDU1.Y CUVV(`f/M CELIf KAN3CAITFIAf YI 1N1M A Yl All CND dkM/~r A• 2XID 4 0 I 1 laws" 11 I 1 Active mtmberof North Texas k { rAucation and Training's employers Advisory Group. I 1 I A W I M to I ' 1 I. J Mar K'11 AS VUI I VI A"CIOL" 1I"TIIATEUM M1ANOMItOW PI AS fA M SCAR CND UF11V As X ~ ~~i ~~.af.1t 11 •t ~ 4 i/~ K ~ ti ~'"1r°~`"~~r3, e~, i~.. 3 2 0 Attachment F 1 CONSOLIDAIION AMENDMENT OF STATE OF 11'.XAS § ECONOMIC DEVELOPMENT PROGRAM COUNTY Oh DE:NCON § AGREEML1dT BETWEL`I THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE This Consolidation Amendment Agreement to that certain Agreement, as amended, originally entered into on August 15, 1989, made between the City of Denton, Texas, a Texas municipal corporation ("City'), and, the Denton Chamber of Commerce ("Chamber'), for the purpose of pnividing for a program to promote economic development through the joint effort of the parties herulo, her-;nafter referral to as the "Base Agreement." WHEREAS, on August 13, 1999, the City and the Chamber entered into an Agreement for an economic development program ("Base Agreement'); and WHEREAS, the Base Agreement has been amended three times, on August 2, 1994, August 15, 1495, and July 24, 1996 when the City, the Chamber, and the then Economic Development Corporation of Denton, Inc, ("ED C') entered into an agreement to have the ED C perform all 0%, economic development functions assigned to the Chamber by the Base Agreement; ( and ` WHEREAS, upon the dissulution of the EDC, the City and the Chamber assumed all of the obligations of the July 26, 1996 amendment from the EDC; and WI(EREAS, the City and the Chamber desire to combine and consolidate all of the conditions of the Base Agreement and the amendments into one integrated contract for economic development wrvices; NOW, 71'ERI,FORE, IN CONSIDERATION OF IHE COVENANTS AND CONDITIONS SET FORTH FfERFIN: „ The Bate Agreement, as amended, is hereby amended and consolidated to read as follows: Q 1. Office of Economic Develo en . During the term of this Agreement, the Chamber shall maintain an Office of Economic Development ('"Office'), which shall perform the economic development survices, tasks, and functions set forth herein. A Vice President of Economic Development t"Vice President'), a full-time employee of the Chamber, shall be the primary person responsible for seeiig that the Chamber's obligations set forth herein are performed In accordance with this Agreement, including the performance of the Office. 2. Ikonomic Develomme i Committee Created. In order to promote a program for economic development, the parties agree that an Economic Development Committee ("Committee") will be established. The members of the Committee, shall be made up of seven members to include the Mayor of the City of Denton, the City Manager, the Director of Utilities, one member of the City's Public Utility Board, the Chairman of the Chamber of Commerce Board of Directors, the President of the Chamber of Commerce, and one member representing the business connunity to be appointed by the Chamber Board of Directors. Members of the 44-F (~1 32 s AND" 0 i 1 I tAR141C1i , Committee shull elect the chairperson who shall serve for a period of one year from the time of his or her appointment. The Chamber President shall have the authority to hue and/or temtinate the Vice President with the appn+val of the Committee. The Chamber President shall supervise the daily activities of the Vice Preshknt. The Committee shall act in an advisory role to the Vice President. 3. Duties of Offic . The duties of the Chamber and the office shall include the following: a) Preparation and implementation of a comprehensive Economic Develop- ment Strategic Plan ("Plan') to be approved by the Committee, the Public Utilities Board, the Chambers Board of Directors and the City Council. The Plan will focus on specific, measurable outcomes. b) Quarterly review and Amendment, as necessary, in consultation with the Committee, of the Plan. To become efl4cdve, any amendments to the Plan shall be approved by the Committee, the Chambers Board of Directors, and the City Council. c) Maintenance of a liaison with the Texas Ecoooric Development Depart- ment and other public and private agencies and organizations that would promote the purpose of the Plan. J) Preparation and maintenance of a comprehensive fact book and other publications that would provide information to interested person as to the City's population, employment base, private and public institutions and facilities, and other significant characteristics and resources of the City. e) To initiate and maintain contact with, and make presentations to, desirable industrial prospects so as to promote their interest In locating within the area. q To Advise the City of the progress of the Plan at such time as requested by the City. To this end, the Office will provide monthly program reports w ' Ile City that include the sources of expenditure of funds, major projects, number of industrial prospects who visited Denton and industries locating in Denton. J It) Success of the Chambers economic development efforts shall be measured Q , by; { 1) Completion of sciMties outlined in the Platt; { 2) Increase in the industrial and commercial property valuation in the City of Denton; 3) Increase in the City's sales tax revenue due to location of regional i .4 5-F _ I 25 k 10 32XI0 i ova • V I l ~ retail, call center operations, etc.; 4) Increase in the number of new and expanded industrial and commercial businesses in Denton; and 5) Increase in the number of industrial, regional retail, and call center operation jobs provided. 4, Sops port Services and Funding. The Chamber shall provide the office space, equipment antl support staff necessary to the operations of the Office, The Chamber shall solicit and contribute private sector funds in the amount of eighty-five thousand dollars (S85,000), The City shall provide funding in the amount of one hundred sixty-one thousand two hundred seventeen dollars (S 161..1)1); eighty-five thousand dollars ($85,000) from the Utilities Fund and seventy-six thousand two hundred seventeen dollars (576,217) from the Oereral Fund. Tbereafter, the City and Chamber shall renegodate funding shares for subsequent years. City funding will be distributed on a quarterly basis; one-quarter to be paid on October 1, 1997, one-quarter to be paid on January 1, 1998, and onc-quarter to be paid on April 1, 1998, and one-quarter to be paid on July 1, 1999. Any funds provided by the City pursuant to this Agreement shall be retained in an account separate and wMatcd from the Chambefs general operating fund and shall only be used for the purposes provided for in this Agreement. The Chamber and the Office shall keep current and accurate reconls of all funds received and expended, which shall be subject to inspection and audit by the City at all reasonable times. A monthly financial statement showing all current revenues, expenditures, and unexpended funds of the Office shill be provided to the City. All such financial records shall Ito subject to the Texas Public Information Act, TEX. GOVT CODE ch. 552. 5. Status of Office and Indemnity. The Chamber shall be considered an indcpcnJ.•nl contractor not tinder the direct supervision and control of the City, The Office shall be under the direct supervislon and control of the Chamber and all personnel of the Office shall be considered employees or itgents of the Chamber. The Chamber shall be responsible for the payment of all benefits or liabilities of such employees or agents, including the withholding or payment of personal income or social security taxes, as provided by applicable law, and the payment of 1 worker's compensation premiums. The Chamber shall maintain policies of insurance in the minimum amotnts required by law to prowl against liability arising from the operation of any vehicles used by employees of the Office. The Chamber agrees to defend against, and indemnify i and hold the City, its officers and employees, harmless from any claim, cause of action, lawsuit, or damages whatsoever, arising from any negligent act of the Chamber, its officers, or employees. The Chamber shall purchase a policy of general liability insurance with policy limits not less than $500,000 annual aggregate, with an insurance carrier approved to do business in the Slate of Texas by the State htmurance Commission, which carver must be rated by Best Rated Carriers, with a rating of "A- ' or higher. The policy shalt contain a provision that requires both City and Chamber O to be Dotifled in writing at least 30 days in advance of any cancellation or change in the policy. 0 6. left Termination. This Agreement shall be e1Te.tiee for a term of one (1) year { from the execuulon hereof, and shall be automatically renewable for successive period of one year without the ne.ussity of any ,cation on the part of the parties hereto, urdess during any successive term, the City rludl, after the initial funding provided for herein, fail to appropriate funding for any successive year. in which case this Agreement shall terminate. In any case, however, either party 46-F - 2 r 32 x~ maim" l G i h r i i may terminate this Agreement by giving written notice to the other thirty (30) days advance notice, in which case any wiexpended funds provided by the City shall be returned to the City. 7. Replace Prior Agwmenu. That this Agreement shall supersede and replace the i Base Agreement and all poor amendments of the Base Agreement, and, as of the effective date of this Agreement, the Base Agreement and all prior amendments shall be null and void and of no further force ruA effect. 4 IN Wt INESS HEREOF, the Cih, has caused this Agreement to be executed by its duty authorized Mayor and the Chamber has caused this Agreement tube executed by its duty day of, authorized President as authorised by its Board of Directors on this 1997. CITY OF DENTON, TEXAS BY: JACK R, MAYOR C ATTEST: JENNIFER WALTERS, CITY SECRETARY i BY: AP VED. TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY n ~~C to J B Y.. CHAMBER OF COMMERCE • BY:~ - • • PRESIDENT I VV I OOCYXCR" h ECONOW DIVIlA1Aa:1rT i 47-F 1, 4, 25 X1IJ 32x113 LAL~ o «n TARGET INDUSTRY ANALYSIS FOR DENTON, TEXAS PHH FANTUS CONSULTING We Locate Success co I Cl 04 • Prepared far: b DENTON CHAMBER OF COMMERCE F Presented: ~,•/f APRIL. 1995 • I his repo n Inphly cunlm")lul aio mq for use by our clwnl and rnay nol be } J elnK any W 1e ascd to anyone efse rdhoul pr" spool, pc rmnfion 2 .5 10 l 0 n I Inlrod ichorUMelhodolo9Y r SPECIFIC TARGETING FOR BUSINESS ATTRACTION AND EXPANSION IS A HIGHLY EFFECTIVE WAY TO ACHIEVE RESULTS IN ECONOMIC DEVELOPMENT • The Denton Chamber of Commerce has retained PHH Fantus Consulting to assist in Identifying Ih and targeting manufacturing industries which represent the highest probability of success, using PHH Fanlus Consult'ng's Cluster Analysis metnodology • 'this report (WoAstep 1) defines the industry , iusters Denton should target to help locus marketing and attraction efforts "Clusters" are defined as groups of diverse industries that source materials, transfer technology and purchase from each other, forming the industrial base of an area Capitalizing on these relationships improves the effectiveness of attraction and retention o strategies by building on indnatry concentrations n • Using our extensive experience in the site location marketplace, PHH Fanlus Consulting has verified that the following industry clusters are appropriate for Denton Electronics Medical Related I Instruments d Related 1 Metalworking (selected) Aircraft & ?arts Partitions & Fixtures • i [iE_N10N CHAMBLr~ OF COMMCKCE W-2210urrr wnr cwc APRIL 1995 CONFIDENTIAL I'111i I'i1111115 0111111111}; y J, 0 1 In h ocuchon/Me lhodolog y I SPECIFIC TARGET ING FOR BUSINESS ATTRACTION AND EXPANSION IS A HIGHLY EFFECTIVE WAY TO ACHIEVE RESULTS IN ECONOMIC DEVELOPMENT (CONT'D) € • Target sagments were selected on the basis of several factors, including Detailed analysis of industry growth trends Specific PHH Fantus Consulting experience in evaluating Denton and North Texas for these typos of projects Assessment of each sector's desirability for the area Other critical facturs as warranted • PHH Fantus Consulting's approach to industry targeting is two-pronged, employing both statistical and interpretive analytics to determine the best overall industry location hl o • Workstep One focuses on statistical analysis of the Denton area and the target industry sectors I with the goal of narrowing the scope of possible targets to those offering the best potential Industrial must be statistically malched with a location to en; ure that infrastructure requirements, location, and other factors match the industry's requirements with Denton Faclors such as growth, size, regional fit, local fit, presence, industry trends and domestic and internalional forecasts are evaluate throughout each industrial classification i • In Workslep Two, Fantus will analy.--e in greater detail the key location criteria for each of the target sectors for the Denton area, and draw comparisons between competitor areas j + In addition, P1 111 Fantus Consuiling will provide a Brand Managemcnt overview to Identify marketing and brand budding techniques for use in attraction and expansion efforts DENfOrJ CIIAMCiER Of COMMERCE 1101. Gwo wKr nuc APRIL 19;5 CONFIDFNTIAL I'III~ I'i111H15 111151111111}; 10 M S 0 , , Introduction/Methodology THE PURPOSE OF INDUSTRY TARGETING IS TO INCREASE THE PROBABILITY OF DESIRABLE INVESTMENT IN THE REGION THROUGH THE MATCHING OF SPECIFIC BUSINESS NEEDS AND REGIONAL ATTRIBUTES • Limited resources and cluster targeting help refine irens.'s as well as identify emerging marl,els • PHH Fantus Consulting has selected the lop target industry segments that match the region's major locational attributes, while also taking into consideration the positive benefits of the region's existing manufacturing base, medical base, and research and technology base • Industry trends, and supplier-customer linkages have been closely analyzed and matched to Demon's attributes, while identifying opporlunily to tap international markets LA i • PIIH Fantus Consulting's professional judgment has been incorporated throughout the target selection process to ensure that the Industries selected are appropriate targets for the region i i iJENTON CIIAMDER OF COMMERCE ~(30221G DNt wKi DDC AhRrl 1995 CONFIDENTIAL PIIH I'11fII115 11fiSllllllll; ,tf Jj~f ~~rry, , 1 s , PHH FANTUS CONSULTING INDUSTRY CLUSTER PROCESS Screeelno ScreOOlpo Factors.. Id of Potts factors wry to Growth & Expansion n CeMMetaderl Activity "Whare Number A Size ell 111111rotiel N Establishments Patkns L1 } Job Beneratlno o,s SeNller-Calamer • Capacity Selected Targets i~ r~ ; 2 10 32 . 0 0 5 I Cluster Identification I I PHH FANTUS CONSULTING UTILIZED FORTE'- OUR COMPUTERIZED CLUSTER INDUSTRY { IDENTIFICATION PROCESS DESIGNED TO INCORPORATE AND ASSIMILATE LOCAL, STATE, AND FEDERAL ECONOMIC DATA • The basic criteria analyzed in the process include Industry Growth industries most likely to grow both nationally and regionally Industry Size analysis of industry size criteria to ensure facility size is large enough to warrant targeting efforts; specific attention is given to employment and sales figures, as well as new facility formation and expansion trends industry Concentration reviewed current concentration of each industry in the region, as well as concentration changes over time Local Fit included both computerized analysis and considerable professional judgment, based on the region's characteristics, industry preferences, and specific industry composition and localional activity Other Crlleria included average utility wage rates, utility requirements, skill and professional requirements, transportation access and capabilities, and job training resources, as well as domestic and international regions of current competition s • 1'1111 Fantus Consulting applied experience and knowledge gained from aver 75 years of consuiling throughout the process i ' THE RESULTS OF WHICH WERE REFINED AND REEVALUATED BASED ON OUR d EXPERIENCE AND JUDGMENT 6cwoN 6I1WDLR of COMME.ItCE (IM 16JONt wK10011 APRIL 145 CONFIDENTIAL 14111 Fall1111 Coll111111ng 2 ti K 32XI~ r r' r ' A e a 0 t 1 ➢Yug" 1 I I Cluster Idenhf"bon PHH FANTUS CONSULTING HAS APPLIED TWO OF THE MOST STRINGENT FORTE SCREENING STRATEGIES TO THE DENTON AREA • These strategies, defined as "Attraction" and "Recruitment", incorporating among many factors a dozen key local labor, infrastructure and utility indicators, focus on the overall environment of the area and its fit with particular industries • The Recruitment strategy focuses primarily on the local fit of an industry to Denton, placing more emphasis on local attributes than industry growth per se; the resulting industry list is sorted by the industry's compatibility with local attributes A I I ~ TO IDENTIFY INDUSTRIES THAT OFFER THE BEST OVERALL FIT WITH THE AREA RECRUITMENT STRATEGY RESULTS I uLN10N cimWtfLR OF COWWERI n0121Gmir1 wl l uoc APRIL 1995 CONFIDENTIAL I'llll ~'i1f1111S x'1111111111111; q K Ia 310 zX 1F V r t r 0 I, 1 7y 1 . r } I 4 sic " aecriptloo 3667 Radio i T. V. Communications Equipment 3671 Electronic Compulers 3728 Aircraft Parts & Equipment NEC 3724 Aircraft Engines i Engine Paris 3826 Analytical Instruments ` 3674 Semkonducl-irs i Related Devices 3679 Electronic Components NEC 3823 Process Control Instruments 2634 Pharmaceutical Preparations 2691 Adhesives S Seslanls 3612 Search & Navlgalbn Equipment 2752 Commercial Panting, Lithograph 3172 Printed Circuit Boards 2741 Miscellaneous Publishing 3842 Surgical Appliances 6 Supplies 2144 Toilet Preparations 3559 Special Industry Machinery NEC LM 2542 Partitions i Fixtures, Except Wood 3479 Metal Coating 8 Allied Services 0 3993 Signs 6 Advertising Specialties 2677 Envelopes 21141 Wood Partitions 8 Fixtures 270 Bookbinding A Roosted Work s . , 3694 Enpins Electrical Equipment 2521 Plastics Materiel iL Resins ~i 3444 Sheet Metalwork i t i 1 DENTON C4IAMBER OF COMMERCE 802716toNt.WK+ouc APRIL 1995 CONFIDENTIAL I'll 11 ('11111111 Collsl1I1111g t M W% 32X10 0 r I,telle A?11 a Cluster IdentifKation PHH FANTUS CONSULTING HAS APPLIED (CONT'D) i s The Attraction strategy is similar to the Recruitment strategy, however emphasizing industry growth over local fit; this strategy applies best when screening for select industries that have good growth history and have demonstrated successful operation in a given region Industries usually have an above average number of establishments which can employ from 50 to 500 people, which is the size range most likely to expand and/or relocate All Industries are sorted in growth rank order ('best' to'worst'); this calculation is based on a combination of the national and regional growth statistics for each industry While business cycles are taken into account by this analysis, they are secondary in importance to the overall fit and long-term prospects of the targeted cluster ATTRACTION STRATEGY RESULTS c, - SIC Description 3672 Printed Circuit Boards n - 3611 Surgical i Medical Instruments 2711 Miscellaneous Publishing 3679 Eleclronk Components NEC 3663 Radio l T. Y. Communications Equipment 3726 Aircraft Parts A Equipment NEC 1 3626 Analytical Instruments a 3623 Process Control Instrument 3671 Semkonductors and Related Devices 3612 Search i Navigation Equipment 3199 Fabricated Metal Product NEC 2693 Printing Ink 3571 Electronic Compute 3691 Engine Electrical Equipment 2512 Partitions L Fixtures, Eacept Wood DENTON CHAMBER OF COMMERCE 802216ront wet rwC APRIL 1995 CONFIDENTIAL IIIIII FI1IIIIIN 011INIIIIi Ig . 32xi❑ s 0 y IDENTIFICATION OF CLUSTERS Cluster Description Summary of Cluster Potential PHH Fantus Conclusion Electronics Strong Overall Industry Growth, Strong Local Target Chrsler Analysis RecommendeJ (Me(roplex) Presence; Currently In Boom Phase of Industry Cycle; University Presence a Strength Medical Related Strong Fit with Other Clusters, Compatibility with Target Chrster Analysis Recommended Research & Development, University Presence Instruments and Related Strong Growth and Competitive Local and Melroptax Target Cluster Analysis Recommended Attributes; University Presence a Strength; Overlap With Other Clusters > Metalworking Significant Presence, Current Cyclical Upswing, Target Cluster 4nalysis Recommended 0 Denton County Workforce Better Fit than Metroplex Workforce r 0 Aircraft & Pans Strong Regional Presence, less in Denton County; Target Cluster Anatysis Recommender! Recent Slump, Long Term Potential Good; High-wage Primary Industry; Cyclical 1 Partitions l Fixtures Strong Growth and Continuing Demand with Target Cluster Analysis Recommended Localional Advantage of Denton vs. Rest of Msleoplex I* Serve Regional Markel; Small Cluster Motor Vehicles A Equipment Extremely Cyclical • Area Presence Significant, High Target Cluster Anatysis Not Recommended Wages, Low Long Term Growth Printing and Publishing Wry Limited Cluster, Difficult to Proactively Attract Target Cluster Analysis Not Recommended Chemical and Allied Products Good Metroptex Presence, Very Little In Donlon Target Cluster Analysis Not Recommended • County, Often Low Wage, 018B1y of Life Concerns UENION cV IAMIfER OF COMMERCE 8022*uN1 wni uuc APRIL 1495 CONFIDENTIAL 111111 1'11111111 01111\!111111); ~ a° 25 K 10 32 X I O i .I 0 , xw~xw i U i i i I wa~xxa , I ATTACHMENT "H" Economic Development Report to City Council 1998 I The Chamber of Commerce Office of Economic Development continues to operate as the marketing arm of the partnership. This is accomplished through advertising, trade shows, meetings with developers and professional organizations locally, throughout the Metroplex. statewide, countrywide and intemationally. The Chamber has attempted to become more active and involved in the development process locally, Several meetings have been coordinated with business leaders, developers and other interested individuals to facilitate discussion and provide input as various ordinances are considered. i The Chamber Economic Development Office works very closely with the City Economic Development Office, attending weekly staff meetings for exchange of information. This office has contributed to the development of a database of businesses by providing the j database from the Major Employers and Manufacturers Guide which is produced annually at the Chamber, During the past tscal year, we have received and responded to 188 requests for proposals or leads-companies looking either for existing facilities or greenfieid sites. Nineteen of these were considered serious prospects, 17 of these came for site visits and a total of five located in Denton adding a total of 497 jobs during fiscal year 1997.98. See attached report. In addition to these new companies, we had a number of significant expansions, See I attached report. We are currently working with nine serious prospects. In addition, close contact is being maintained with United Copper Industries in an attempt to encourage other Mexican companies to look at the possibility of locating in Denton. We will continue to work with the City Economic Development Office to update our marketing materials and develop new ones, We currently receive at least 50% of our i prospect leads via e-mail, Many of these are responded to via e-mail with appropriate I • documents attached. In cases where we have no buildings or sites meeting key criteria, leads are forwarded to the County Economic Development Office. As much as the budget allows, we continue to advertise in key publications. We have had good response to advertisements placed during the past fiscal year. We also continue to improve our web site. The site has recently been completely revamped making it more • user-friendly and adding a number of pictures. The Economic Development section • contains population, labor and unemployment information, as well as information on incentives, taxes, major employers and quality of life. We have had many positive comments regarding our web site. 58-H yrfA Gy R 2X1❑~ 4 n.-.v.n.n.r.. n.-•.r..~.-+rww..ar, 4k r LYa6Y„ The Joint Economic Development Committee which oversees activity of the partnership recommends that we develop a first-class presentation room for meeting with prospects when they come for site visits. Approval was given in this year's budget to spend private funds to accomplish rwovaiion of the upstairs meeting room into private offices and presentation room. A visit has been made to the Hillwood Development Corporatic n's conference room at Alliance Airport to obtain ideas to be incorporated into this project. With the record-setting pace of residential growth in Denton at the present time, it is imperative that we continue to emphasize the importance of commercial and industrial growth, One S 10 Million business investment is equal to 100 houses valued at $100,000 in increasing the tax base without the Impact on the school district and demand on City services. r In order to educate the citizens on the importance of industrial growth and in order to build some bridges following the failed economic development sales tax referendum, the r. Chamber has conducted a survey of business and community leaders. The results an 1 being summarized and will be used to condict an educadonlawareness campaign. I We .111 continue to work to attract industries that fall within the six industry cluster identified by Fantus, as wail as responding to ail requests that come through this office. :i ( Year to Date Comparison Commercial/Industrial Valuadon Y1 ,D Sept„'97 YTD Seot.'98 $32,084,332 $83,374,207 (increase of 159.86%) 'i Comparison of Sales Tax Rebatq Se2tgmber'97 Ss9tember'99 $12,139,975 $12,925,266 (increase of 6,41%) JI ~ r 1 1 w i i L -Si f 1 1 f ? 59-H gh,t Spry ' ' 25 0 0 , . I Economic Devefopmenl Swmmary pf Acrivilles 9! 97.9d i October 18 3 4 0 _ 0 _ 0 _ 0 November 15 0 0 0 0 0 nccember 8 0 1 0 _ 0 0 - 0 January 16 0 - 0 1 T 260 0 0- _ - ~40,OW,000 February _ 14 0 0 0 0 0 0 - - - Mar~__ 27 3 3 0 0 - 0 - --U - _ Apri - 18 _ 3 3 _ 0 0 2 130 -1 12,000,(10(1 o May - -19 - 2 2 2 107 - -0- - 0 -~_~5,000,000 Tune 13- - 5 - - 2-- - 0 0---- m 7ufy--- -13 _ 2 -_1 0 0 I I15 - SIOO,000,WO Augusl - --ID _ 0 _ 0 _ 0 _ 0-- 150- - 00 September 17 _ -l - ~1- 2- 130 0 0 ---TI1A Tolafe !dd 19 i7 S 497 - --ISJ- 5134J13,I90 • Locations: January - United Copper Industries: 420,000 s.f., $35.40 Million investment, 260jobs May - Mayday Manufacturing: 41,924 sT, $5 Million investment, 104 jobs Menasha: leased 46,500 s.f, Returnable packaging solutions, 3jobs (growth to 100,000 s.f, planned) September - Tractor Supply and Trim Systems -130 jobs. Expansions: April - Denton Community Hospital, International Isotopes, Inc. • June - Morrison Milling July - Denton Regional Medical Center August - Josten's (added 150 newjobs) - - K U 32XIQ Now ' s 0 I AGENDA INFORMATION SHEET Ag"nda Agenda Her" AGENDA DATE: December 8, 1998 Gate__L J; I DEPARTMENT: Solid Waste ACM: Howard Martin - -I _ i SUBJECT: Receive an update and give staff input regarding implementation of the new residential solid ! waste route authorized in the FY 1999 budget. BACKGROUND' An additional residential solid waste route was included in the FY 99 budget to ensure continuity of service to our customers. Incorporation of this route into the overall residential solid waste routing system requires a number of adjustments to the existing routes. ne chief change will affect the days of service for a total of approximately 1,600 households. Because most of the growth, which the city has experienced, has been to the south, balancing the workload necessitates moving the centerline (which is used to divide the days of service) to the south. The centerline cp rrcntly follows Jim Christal Road, Panhandle, Parkway, Oakland, Withers, Grid Mingo Road, it the households north of this line are served on Monday/Thursday and the households south of this line are served on Tuesday/Friday. The new centerline is proposed to be Jim C'hrislal Road, Hickory Street, Bell Avenue, and Mingo R,3ad. This means that approximately 850 households located between Panhandle and Hickory Streets will change from luesday/Friday to MondaylThorsday collection. Currently, Denton West Mobile Home Park and Lakewood Mobile Home Park are served on Monday/Thursday. The new routing system proposes to move these two mobile home parks to TucsdaN Triday collection. y other minor adjustments are being made which will have the affect of moving some households + from one route to another. The only impact upon these customers is that there may be some variation in the time the home is serviced, .xt i (OPTIOti & Reduce service or use another routing method. j t 'O RF CO, '1161, FNDATION: O t~ Approve the proposed routing system. i 1 ' Opp 4 vaw.rrr ; 0 Page 2 Solid Waste Route ESTIMATED SCH A f U5' PROJECTt The implementation of the new routing system is scheduled to begin on January 4, 1999, which is the first full week of the new year. This activity is being coordinated with Utilities Public Commcnicatiom division to get the word out to the customers. The Solid Waste Department will place a Myer on the door of all the customers in the central part of the city whose collection day is changing. EHMACTIO es•ievy (Council. Boards. Commhsionh The item was presented to the Public Utilities Board at their November 10regular meeting. The additional route was approved in FY99 budget. HKAL INPOR 1ATIONt $93,000 was budgeted Ibr this route addition. MAP; 1, Map of etisting routing system. 2, Map ofproposed routing system. i i Respectfully submitted: Char es W'atkins4~~• - i Direclor of solid Waste j • { 2 , 10 32 x ;A e • o EXISTING SOLID WASTE ROUTES Y I I~ ' r r • + 1 -T N LEGEND rxnr rani F1 sari E 101rr 1-1 Ram, 11 aart~ 0 rani 11 EXHIBIT I ' 232Y.1 Cl ~ SOLID WASTE ROUTES JIL Z 4 _ .1 r 1 I + i,:il~ly~l4 r P. f I 1 i; • I• _ I q • i 1W LEGEND 4 . wct~, .I, ~ovn~ ~ rani. ~am~ wvn~ 11 Roitr~ E w~ro Ly 1 L_ 1 EXHIBIT II lni 75 10 32XI❑ M w. u ~~ay AGENDA INFORMATION SHEET /hands No. Ltg o~ 3 a Ailovida AGENDA DATE: December 8, 1998 DEPARTMENT: Planning Department CM/DCM/ACNI: Rick Svchla, 349.7715 SUBJECT -Ryan Tract Annexation, : (,4.78) Receive a preliminary assessment and consider approval of a schedule of public hearings with regard to the proposed annexation of a 114.760 acre (called 116,7 acres by deed) tract located on Hickory Creek Rd., approximately 600' west of Montecito Drive (northwest of McNair Elementary School) in Denton's extraterritorialjurisdiction (ETJ) southwest of 1.35E, BACKGROUND The pc,itioner requests the property be annexed with the zoning category of Planned Dcvclopment for cluster development, accomplishing a density of SF-10 for the overall 114.76 acre site, but condensing it into the 83,34 acres remaining after park land dedication, It is immediately adjacent to The Oaks of Montecito single family (SF-7) subdivision and includes a park dedication of 31.42 acres, including the Fletcher Branch Creek, This proposed 31.42 acres far exceeds Denton's required park dedication and would tie in with a 3.21 acre piece dedicated as park land from the Oaks of Montecito subdivision. The 116.7 acre site includes the construction of a collector street, designated by the Denton Mobility Plan. That collector will eventually tic in with another proposed collector, effectively linking into the existing street infrastructure and pulling a portion of traffic off of Teasley Lane. Attachment 3 is a Prellminapy Annexaflon A.ssessmrnr. The attached Annexation Schedule (a(lachmcni 4) establishes a time frame for public hearings required for the annexation and for consideration by the Planning and Zoning Commission of appropriate zoning for the annexed area. RECOMMENDATION i The feedback received from the growth management meetings that have been held throughout the city indicate that a+rnexing and zoning property arc the necessary steps in order to manage dc~ clopment. Staff recommends that the City Council conduct a thorough analysis regarding this annexation and zoni+rg proposal by approving the attached annexation public hearing schedule, If the schedule is npprovcd by the City Council on December 8, 1998, staff will initiate the • formal annexation review process. Q ~ PRIOR ACTIONIREV'IE W (Council, Boards. Commissions) None at this time. F15C'A,j~ jrj,~URNfATIbN None at this time. 1. IMF-one )5 y, ~U 3 2x~a e o ' I ~ . , , ''-.,.n.,u,aMei~'tna w.ntu~.+zrra.~n'€~:.ivdYtva3a4•k?%?~ r tw r , .a~; ATTACHMENTS 1. Vicinity Map. 2. Location Map. 3. Site Map. 4. Preliminary Annexation Assessment. 3. Proposed Annexation Schedule. 1 6. Proposed Notice of Public Hearing, 7. Petition for Annexation Respectfulm' e Hit Director of Planning and Development Prepared by: Trina McElreath Planner It 1 1 rv 1 2 1 v r i 2XIO 25 e o w.... r,., A-78- and Z-98.056 Proposed Annexation Area SITE Oaks of Montecito J N City McNair Umlls Elementary W E • VICINITY MAP I Dale: December 3, 1993 Scale: None 3. 32 x r O i CITY OF DENTON EXTRATERRITORIAL JURISDICTION AND REGULATORY LINE r♦ I II I t . Y 1 h r I .I r~ 1 I I I I j _ I I h L. II J „ ~I III i / J f r ~ 1 P.YY NL. I ~ I, I I i I ~ ~ r .III r I I I I. II I I r, MOULAIONYM ou w o I 1 ~ 1 v r 1 r w~rws4.Nr.wwYRw9 M•F.MtrWYt.lrMwhlV.YYP~M.+ISMW+'.Mr~naaw.w.nMww~.~-."._....-.,.,... ~..........._._...~....-www.......r.rrr~.w.k~nnwruw~ I w wow Lim l r lot F_ ~ L T~-sTMwT .-~1r1„~r .MI►vVU'I'lMwrn 0 A C,( AI MVEIUPMM AM1 f ~u t.mo I ~ RAAN ;T 4;, 25 lo 32 x l ❑ I f wN J 1I ~ 1 I L 0 I k . ~ nv - ~.rs7v,w~ ~k . r.~id ~.'YFs,~ ti+d~"'-'Vvl7p~',#Xa}PfA?ID:'~ tl~~`-`Y~-~"i2's'~~5~"#-'Yi ~ ''.v 5 • Preliminary Annexation Assessment A.78 Ryan Tract Owner Information: Mr. And Mrs. Charles Ryan 1343 Eaton Ave, San Carlos, CA 94070 Developer Information: Intcnnandeco 1401 Burnham Drive Plano, Texas 75093 Location and Size: 114.76 acres located on Hickory Creek Rd., approximately 600' west of Montecito Drive (northwest of McNair Elementary School) in Denton's extraterritorial jurisdiction (ETJ) southwest of 1.358. Existing L$ad Use: Undeveloped Surrounding Land Use: East: Single Family (SF-7) Residential West: Undeveloped land In the ETJ North: Undeveloped land in the ETJ South: Undeveloped land in the ETJ Proposed Development: Clustered residential development at 3.2 dwelling units per acre. Analysis: o The subject property is in an area of the ETJ just outside the City in an area that is experiencing a great deal of growth. It Is adjacent to the City boundary on one side. ❑ Annexation of the subject property will provide a great deal of park land and a planned collector connection. a Development in this area Is Imminent. As development occurs, It should be within the i City's growth managcmentjurisdiction. Development will require extensive public Improvements. i 1 , r r;7 ~ 0 i ~ 0 0 6. j I - - { J ..r • 0 Proposed Annexation Schedule A-78 Ryan Tract December 3, 1998 Neighborhood Meeting at City Hall West, 5;00 p.m. December 8, 1998 City Council receives a preliminary assessment, gives direction to staff and consider, approval of a schedule for public hearings regarding the proposed annexation. December 23, 1998 Notice published in Denton Record Chronicle for first public hearing Ytnnerarion Study prepared and available for public review Y Service Plan prepared and available for public review January 5, 1999 City Council conducts first public hearing Y Public notice must be no less than 10 days and no more than 20 days before public hearing. January 3, 1999 Notice published in Denton Record Chronicle for P & Z public hearing, January 13, 1999 Planning and Zoning Commission holds a public hearing and considers making a recommendation to the City Council regarding the proposed annexation and the proposed zoning, Public notice must be no less than 10 days before public hearing January 21, 1999 Notice published in Denton Record Chronicle for second public hearing February 2. 1999 City Council conducts second public hearing Y Public notice must be no less than 10 days and no more than 20 days before public hearing. February 16, 1999 City Council by a four-fifths vote institutes annexation proceedings. First reading of annexation ordinance. > A:tion must be more than 20 days alter the second public hearing but less than 40 days from the Grst public hearing. February 19, 1999 Publication of annexation ordnance in the Denton Record • Chronicle, i April 1, 1999 City Council by a four-fifths vote takes final action Second reading and adoption of the annexation ordinance City Council considers approval orthe zoning request, > Council action must be more than 30 days after , publication of ordinance and less than 90 days after • council Institutes annexation proceedings. O • i i 7. r O - {I 1 1 1 i , ..n o ,s.wAN,JSM MYAip'C.%C'Xt[:{L`w"%$(An.6~+'i:'t•'1.a r 'k!'+ 1 I I I NOTICE OF PUBLIC HEARING i A•78 NOTICE IS HERESY GIVEN TO ALL INTERESTED PERSONS THAT: ,i The City of Denton, Te;:m, proposes to institute annexation proceedings to alter the boundary limits of the City to add the territory described in Exhibit "A" attached hereto and incorporated by reference herein to the corporate city limits of the City of Denton. A public hearing will be held by and before the City Council of the City of Denton, Texas, on January S, 1999 at 7;00 p.m. in the City Council Chambers of the City Ball, 215 E. McKinney Street, Denton, Texas, for all persons in the proposed annexation. At said time and place all persons shall have the right to appear and be heard. Trina McElreath ~I Planner 11, Department of Planning and Development This note and the attached "Exhibit A" are to be published In the Denton Record Chronicle on December 23, 1998. i 0 j I , i t3 ~ 25K1 XIO 01 • 0 1 V/91 1 "1 11:67 FAX 9403191707 CITY OFHYMN PUNNINC 4001 CITY OF DUTTON APPLICATION FOR PLANNED DL9ELOPMLt6T DISTRIOT Ad ise and/location of proposed development North side Hickory "Crook Road E approximately 1,300 If. east of AT Z $F Railroad i i • c+ a7 ~r zt-' tr ilg i i"S r ~.K r -re Ya ;I r.a +xeai r xa ' Y 12i~'tir a ^5 J 7 f .~-t: ~c9x~L ~ ~ix~c~~1 t~ Li r i r:r~IS yna tTsnxSF .L+r ± 8e s~- ~?T .t,{ roc' : ar:. 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Si sftlra <bt' bv- - w .t►ta ; r AP ~l ipg t eQL 0 s acres; S1,5% Plaaae4 C5evelopmentbistdat.• 5+ 23 AM$, $2,t)~ Concept or Development Plea, 2S+ s0 act": $3,000 ' SO+ateres'34,000+$10/acre..- PIslmcd Develo mea 1)64let: Detsilab Site Plm 000 + 23 Planned Development DcW,d Site Pla•u 250 + aQdiao 1F if 00 proemed Minor Ameudrttent' admiisttatIiel Planned Daetopment Diddled Site Plm 5290 Tlme gxtet}ds+p, Xxisting Zoning/;,and Use none (ETJ) Requested zoning and proposed land use (If known) PD I Has a pre-design conference application been submitted? - Yes X No Ys this a plan for an existing planned development? Yes .,i. No O d What is the number of existing planned development7 none or ordinance number) }Relationship to Denton Development plan. Conforms to City of Denton Comorehlnsive Plan 9 10- 32XIO 0 Pg!(t10N POA ANNITATION ZO THI PLANNINO AND ZONINd COMMSHON AND CITY COUNCIL ` Or THI CITT OP DINTON, TITAS The undersigned dose hereby petition for annezattan ofl,ifi- 7 acres located at Hickory Creek Road in the extraterritorial Surledtettoa of the City of Union, Taxes. the property is more Particularly described in the attached survey description and shown an the attached map. the undersigned also eertittes that the following required inforration concerning the land and its inhabitt.nts is reasonably accurate and usumes responsibility for COmPletton of said information prior to scheduled action on the request by the City of Denton. t. Is petition being initiated by owner(s) at majority of registered voters in area of request? Tee _ No X It no, what is the statue of the applicant? 2. Now many dwelling unite are located within the area requested toe annexation? a 1. How many bustnesset or nonreeldenttal land uses are located within the area or the request? 0 Please provide a general description of these land uses including the name(s) of bustnessas, it know _ a. Does area of request include any territory within the city limits or extra- territorial yuetsdietlon of another City? tie No --X 5. Ietimated p% ulatlon of the arse of request. 0 Adults 0 Children 0 Number of registered voter,? _ 6. At the time of this petition, have any other annsxellan procedures beet initiated for all or a part of the area requested in this petition? too No tt yes, please explain the procedures begun i and their status. e f. Does a water supply district lie withih the boundaries of the area props ed for annexation? Y41 No I. what soning, it eny, other th.a agricultural (A), is bstog requested under separate petition? PD , 0 • 'y Ncv -ouch of territory proposed for annexation is included it Toning petittont All 10. ^A ftiW I 32 X 01 • M O 1 n I - Petition toe Acneration Psge Two q. Vhot to the purPOlf of ann'ubdiviaion w Plan and douplap To to, Planned land use (it sontna is being vequested)t Fropoo*4 Unit Category Total Per Aera And/or PtoeoeeA-Lail SSauare Pootaae a. Single family detached !?DI 11,1_ 3.2 units per a b. Dingle family attached (tovnhauoes, cluster, eta.) c. Attached patio/garden/zero lot line d. Duplex - e. multi-teatly C. office g. Neighborhood servtce h. General Retail i. Cormcctal 3. light industrial k. Heavy Industrial Proposed ufets) it appealfie use permit or Planned development (PD) Wag reduested. Sin;le family dat it. Have petitlonor(s) familiarized 11%s uelvao with the official annexation policy, land us* polteieo and theostandard municipal service plan of the city of Dentoal Too ,.._A-, Name of Ovmer(s) Mr. Mrfi~ Telephone j.b501591-91 2 SijnaSuer(s) _Q7sL~ Date to - i - Addrass(esl gq vs, 13s os CA /QT0 If petltteaer is eat the avnet at the Propertyi status • PsStttonse Telephone 1 210 671-nsAA Nsae{s) iarY Arty rh~.~n sti*nature(e) Date Address(es) MESA 31-Kfnnnn St 905_- Ds1 ~4 s ubaitted along vith completed petition before process bedmaatlon gist be e og62S 11. ' 1 NINE 0 o , t. Widow Apt nda hem W5 Date lac: ~ - ` - AGENDA INFORMATION SHEET AGENDA DATE: December 0,1998 " DEPARTMENT: Planning & Development ' CMlDC11ilACM: Rick Svehla SUBJECT Receive a report, hold a discussion, an; give staff direction regarding a draft "Residential Density Limitation Ordinance," BACKGROUND Al the November 17`', 1998 City Council meeting, staff was asked to draft an overlay ordinance restricting residential lot size to an area of no less than 10,000 square feet until the comprehensive plan is adopted. The initial discussion was directed toward PD-86, which is located at Ronnie Brae and Windsor, for which a Planned Development Detailed Plan has been approved for single family residential lots smaller than 10,000 square feet and multi-family apartments. Additional discussion extended the scope of the overlay ordinance to other unnamed properties with similar densities. The Legal Department prepared a draft ordinance as requested, attached as Exhibit A. The ordinance limits residential development to a density of 3 single-family homes per gross acre, or 21,6 multi-family apartments per gross acre. Projects are exempt from the ordinance if a single- family residential subdivision plat application has been submitted before December 1", 1998, or i f a multifamily residential building permit application has been received before December 1", A t 1998. The draft ordinance also contains provisions that allow City Council to hear appeals of the requirements. The draft ordinance is intended to be effective for a one-year period from the dale of adoption, or until the comprehensive plan becomes opervtional, whichever is earlier. The implied rationale for the restrictions is a 1.86-student impact per acre threshold that reflects the effect either single-family or multi-family residential development: • S'ngle-Family: ISF-10 3.0 lots per acre X 0 62 students per SF lot = Maximum SF impact or 1.86 students per acre • LLhi Family: 21,6 units per acre X 0.086 student per MF unit ,Nlaxintunt AIF Impact or 1.86 students per acre 4 Planning stafThas been advised that City Council may consider the use of the alternative • notification process allowed by the Texas Local Government Code by conducting ajoint public p hearing with the Planning and Zoning Commission, and that under such a procedure, minimum property owner notification requirements would consist of newspaper publication and proper agenda posting. The use of the alternative notification process was used most recently by City Council during review of the draft Interim Corridor Ordinance, and more than 1,250 notices were I r Oil ~butX rb'rd r ; j ~ rl x ~ I_ -.f .l ~ f ~ 1...J ~,~(i =gal n s 0 mailed out for each of twojoirt public hearings. Planning staff has not yet had the opportunity to determine how many properties would be affected, but significant time would be needed to prepare ajoint public hearing mailing list if Council decided to notify each property owner individually. The Planning and Legal Departments are continuing to analyze the impacts of the draft ordinance into next week, and will offer additional information for Council consideration at the December Sth, 1998 work session. OPTIONS 1. Direct staff to prepare an ordinance setting an alternative notification process andjoint City Council 1 Planning & Zoning Commission public hearing date with the intent to adopt the ordinance at a future City Council regular meeting. 2. Direct staff to conduct further research for continued work session review, 3. Address the issues related to school district impacts as an element of the comprehensive plan, expected to be completed in draft form by April/May 1999, and develop adequate public facilities requirements consistent with the plan 4. Remove the draft ordinance and related issues from further consideration RECOININIENDATIONC The comprehensive plan should be completed instead of addressing the impact of proposed development using issue-specific ordinances. The comprehensive plan represents an investment of approximately $600,000 to date. If City Council feels that the Growth Management Strategy, which is ic,cnded to serve as the cornerstone of the comprehensive plan, does not adequately address community concerns related to growth and development, efforts should be made to do so. The draft ordinance contains provisions that may conflict with the comprehensive plan; either the ordinance should be consistent with the plan, or the plan should be consistent with the ordinance. Staff recommends that the plan comes first, followed by any ordinances deemed necessary to implewcnt the plan. City staff is imolvcd in an intensive effort to develop a mutually acceptable database with the Denton Indepcudent School District (D1SD) staff, and the database work is not yet available. Staff is also concerned that the rationale for a 1.86 "student impact per acre" stbLidard has not ra been established. Development density is a complex consideration that must be addressed in the comprehensive plan, because efforts to lessen school impacts through lower zoning densities could adversely impact the costs of water, sewer, drainage, transportation, police, fire, and otter city service systems. In addition, density can fluctuate significantly from site to site, depending on right-of-way dedication, floodwa), restrictions, floodplain dedication, necessity for easements, and park dedication requirements. Staff is concerned that work on the comprchensive plan is delayed due to resources used for O individual ordinances. The comprehensive plan is already set on a fast-track schedule, and resources continue to be diverted to other unanticipated Council demands. 2 , 32 O ESTIM TED SCHEDULE Ol'.1-11UCT City Council has expressed interest in the potential impacts of undeveloped land relative to existing zoning on three previous occasions: 1. April 28'", 1998 City Council Work Session (Discussion of Land Use Ratios as part of Alternative Development Scenarios presentation) 2. July 2g1h, 199S City Council Work Session (rejection of PD Multi-Family Density Restrictions) 3. November 10"', 1998 City Council Work Session (rejection of Concept Plan Downzoning for 10 PD's, pending completion of comprehensive plan and discussion of adequate public facilities regulations) PRIOR ACTIONIREVIEW The draft ordinance has not been reviewed Freviously. FISCAL INFORMATION No fiscal information has been prepared for review at the Decer ,r 8 , 1998 work session. I EXHIBITS Exhibit A: Draft Ordinance Respectfully Submitted: D M. Hill 15irector of Planning and Development ,r ! { i 3 :~r<fsx 1a xIan - s y, , nwen mr¢n~d de.suwrra t..w,,.r Draft 12/4198 (3:00) ORDINANCE NO. AN ORDINANCE OF 'THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 33 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON BY ADOPTING ARTICLE XIl "RESIDENTIAL DENSITY LIMITATION"; PROVIDING FOR DEFINITIONS; PROVIDING FOR THE APPLICATION OF THE ORDINANCE; PROVIDING A RESIDENTIAL DENSITY LIMITATION; PROVIDING EXEMPTIONS, TERM OF ORDNANCE AND APPEALS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR THE VIOLATION THEREOF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 211.003 of the Tex. Loc. Gov't Code expressly authorizes municipalities to regulate "population density" and "the location and use of buildings, other structures, and jgyl for business, industrial, residentia or other purposes"; and WHEREAS, Section 211.004 requires that zoning regulations be designed, j t; ktAlij, to "lessen congestion in the streets," "prevent the overcrowding of land," "avoid undue concentration of population," and "facilitate the adequate provision of transportation, water, sewers, schools, parks, and ether public improvements"; and WHEREAS, more building permits have been issued in three year period from 1996 - 1998 than in the six year period from 1989 - 1995 resulting in increased traffic congestion; and WHEREAS, over 50% of existing dwelling units are multi-family and the City has one of the highest percentages of multi-family units in the Metroplex; and WHEREAS, concerns expressed by citizens in recent rezoning cases and meetings/public hearings held in conjunction with the Growth Management Strategy indicated widespread public concern that the high percentage of multi-family dwellings and the increased number of housing starts will result in school overcrowding. traffic congestion and may jeopardize the City's ability to achieve balanced land uce goals under the City's new Comprehensive Plan; and WHEREAS, on October 21, 1998 the Denton Independent School District (DISD) provided the Denton City Council a study reflecting student enrollment has grown 22% since 1990 and showing a 0.62 student impact for single-family detached development and 0.086 student impact for multi-family development; and WHEREAS, the Growth Management Plan indicates the estimated population within the Curren. Denton City Lin its is 75,000 and its is forecast that ;a the current city limits the population in 2020 will be 184,955; and r,49 4 32Xf t O n ~ I~M,LQW'IYd. d,DSeb WY~f1~~M~ly 1 WHEREAS, the new Comprehensive Plan is being composed to achieve a balance in the types of housing being developed with the City but such plan is not expected to be adopted until late Spring or early Summer of 1999; and WHEP,1?AS, a Residential Density Limitation Ordinance is a necessity for adoption until the new Comprehensive Plan is operational which would change the restrictions on multi-family, single-family, and planned residential developments by requiring the number of single-family residential units per acre not to exceed 3.0 units per acre and the number of multi-family residential units per acre not to exceed 21.6 units per acre to reduce the student ;mpact per acre as suggested by the DISD study; and WHEREAS, the reduced density of lots may not completely alleviate the traffic i congestion and school overcrowding concerns, it does lessen the impact of these problems on the community while allowing reasonable development to continue; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Chapter 35 "Zoning" of the Code of Ordmances of the City of Denton, Texas is hereby amended by the adoption of Article X11, entitled "Residential Density Limitation Ordinance," so that hereafter said Article shall be and read as follows: Sec. 35-420, Short Tide Thia article shall be known and may be cited as the Residential Density Limitation Ordinance. Sec, 3-421, u[pos The intent of this article is to promc'e the immediate and long-term public health, safety, and general welfare of the citizens of Denton by establishing regulations that limit the number of residential dwelling units per acre that can be developed pending adoption and implementation of the Denton Comprehensive Plan policies pertaining to relief of the traffic congestion and school overcrowding. This article is intended to promote the following general purposes: (1) To reduce the degree of projected traffic congestion to a level generally consistent with development of residential units at a density equivalent to 3.0 single-family units per gross acre or 21.6 , multi-family units per gross acre. (2) To alleviate projected school overcrowding tc. a level consistent . with development of residential units at a density equivalent to 3.0 single-family units per gross acre or 21.6 multi-ramily units per gross acre. S. ~a Ica 32XIO ♦ 0 ~iUI1tlFOF1~IR O~M~emCr~Lr~Nn~4,~r Sec. 35-422. Definitions (a) "Multi-family use" shall mean any building to be used as a two- family dwelling, multi-family restricted, multi-family dwelling-1 or multi-family dwelling-2 building, (b) "Planned residential development" means any planned development that contains a multi-family or single-family use. (c) "Single-family use" shall mean any dwelling to be used as a One- family SF-16, One family SF-0, One family SF-10 and One family SF-7 dwelling. Sec. 35-423. Applicability (a) This article shall apply to the following types of development applications accepted for filing after December 1, 1998: (1) any application for a building permit for a multi-family use; or (2) any application for approval of a final subdivision plat that contains single-family uses, (b) This article also shall apply to the following types of development applications, regardless of the date of filing, (l) any application for approval of a preliminary subdivision plat that contains multi-family or single-family uses; or (2) any application for approval of a planned residential development (e,gr, concept plan, development plan or detail plan) (3) any application for a final plat that contains multi-family uses; or (4) any application for a zoning amendment that proposes authorization if multi-family or single-family uses. • Sec, 35-424. Res'dcr,jjp to 1. rdo 0 • No development application to whica this article applies shall be approved by the city for a multi-family use that exceeds 21,6 units per gross acre, or for a single- family use that exceeds 3.0 units per gross acre, The City is authorized to it 6' f~ 10 25 ILI 32X , 0 IJN~It00f/tLIX.'Pra.r.arr.w,..,~.r . condition approval of such development applications to assure compliance with this provision. Sec. 35-425. Exemptions. i This article does not apply to the following residential development applications, (a) An application for a building permit for a single-family use; (b) An application for a building permit for a multi-family use accepted for " filing before December 1, 1998; (c) An application for a final subdivision plat that crsmtains single-family uses accepted for filing before December 1, 1998. Sec. 35.426. Term of Ordinance. Unless rescinded, altered or extended by the City Council, this ordinance shall continue in effect from the date of adoption hereof for a period of one year, or until such time as the City Council approves regulations implementing Denton Comprehensive Plan policies pertaining to relief of traffic congestion and school overcrowding, whichever shall first occur. Section 35.427. Appeals. (a) An applicant for approval of a residential development application, is aggrieved by the residential density limitations imposed by this article, may appeal for relief to the City Council. If the application must be finally decided by the City Council, the afpeal may be combined with the processing of the application before the Council. The appeal shall be in writing and shall be transmitted to the Office of the City Attorney within ten (10) days of the date of ~ the City's decision pursuant to this article, or, for applications that must be finally decided by the Council, the appeal must be scheduled at the time such application 0 is to be considered, (b) The appeal shall be considered by the City Council within twenty (20) days of the date of the appeal is received in the Office of the City Attomey. The City Council shall not relieve the applicant from the requirements of this article, unless the applicant first presents credible evidence from which the City Council . can reasonably ,onclude that the imposition of the residential density limitation deprives the aprlicant of a vested property right or deprives the applicant of the 0 1 economically viable use of his land. u (c) In deciding whether to grant relief to the applicant based upon such appeal, the City Council shall take into consideration the following, 7. « rr F~ 25 x I 32X [I Nod • 0 y IJNMTDOVf`lAA 6sr(1YS.:RnV.AN4 (1) whether relief from the imposition of the residential density limitation in the absence of standards and critet:a contained in regulations implementing Comprehensive Plan policies pertaining to traffic congestion and school overcrowding jeopardizes the City's best interests in preventing such effects; (2) the suitability of the proposed residential uses in light of land uses allowed in the zoning districts on property adjacent to the proposed site; (3) the impact of the proposed residential use on the transportation network affected by the development; (4) the impact of the proposed residential use on the public schools affected by the development; (S) the measures proposed to be taken by the applicant to prevent negative impacts of the proposed use on the neighborhood and/or traffic comdor in which the use is to be located; (6) the likelihood that sufficient relief will be provided to the applicant following adoption of new regulations implementing Comprehensive Plan policies pertaining to traffic congestion and school overcrowding; (7) the total expenditures made in connection with the proposed development in reliance on prior regulations; E ~ (8) any fees reasonably paid in coi nection with the proposed use; and (9) any representations made by the City concerning the project and reasonably relied upon the detriment of the applicant. (c) The City Council may take the following actions: (1) deny the appeal, in which case the residential density limitations shall be imposed in accordance with this article, A (2) grant the appeal, and authorize the !esidential development as proposed; or O • (3) grant the appeal subject to conditions consistent with the criteria set forth in this sectiun. B. Q asaaesa i ,3~~Nm~LQA 0.u~rQ~.arM..~y,Y, SECTION II. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding 52,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION I1 I. That i£ any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not effect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. r' SECTION IV. That save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of Chapter 35 of the Code of Ordinances shall remain in fall force and effect SECTION V. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 19 JACK MILLER, MAYOR i ATTEST: JENNIFER WALTERS, CH Y SECRETARY BY: j APPROVED AS TO LEGAL FORM: HERBERT L, PROUTY, CITY ATTORNEY e ~ o BY: ri!^ t c cC - I I 9. ,r Y} N 10 32 x I ❑ Mai