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04-06-1999
u I April 6,1999 Agenda Packet p U U AGENDA Apsptll CITY OF DEMON CITY COUNCIL R April 6, 1999 After determining that a quorum Is present and convening in an open meeting, the City Council will convene in a Special Called meeting of the City of Denton City Council on Tuesday, April 6, 1999 at 11;00 a.m. in the City Council Chambers of City Mt% 41S E. McKinney, Denton, Texas at which the following item will be considered; i 1. Consider adoption of an ordinance authorizing the issuance, sale, and delivery of City of ' Denton General Obligation Refunding Bonds, Series 1999, levying the tax to pay same, and approving and authorizing Instruments and procedures relating thereto; and providi,sg an effective date. CERTIFICATE 1 certify that the above notice of meeting was posted on the bulletin board at the City Hall of the city of Denton, Texas, on the day of .1999 at o'clorlc (a.m.) CITY SECRETARY NOTE; THE CITY OF DEMON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349.8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1.800- 1 RELAY fX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED ` THROUGH THE CITY SECRETARY'S OFFICE, a i Affty _ AGENDA ~OMldl IMIl1 CITY OF DENTON CITY COUNCIL DeN t/ § Apri16,1999 Alter determining that a quorum is present and cony aing in an open meeting, the City Council will convene in a closed meeting of the City of Denton City Council on Tuesday, April 6, 1999 at 5:15 p.m. in the Council Work Session Roo, i at City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered; I. Closed Meeting: A. Consultation with Attorney - Under TEX. GOVT, CODE Sec 551.071. Consider an ordinance authorizing the Mayor to execute on behalf of the City a consent order in settlement of litigation styled United States of America v. Alabama Electric Cooperative, cr at., Cause No. 98.2474.67V, pending in the United States District Court of the District of Kansas, and further authorizing the expenditure of $1,934 in compromise and settlement of the claims asserted therein, and declaring an effective date, B. Consultation with Attorney - Under TEX. GOV'T. CODE Sec. 351,071. Discuss and consult with the City's attorney, Including outside legal counsel, litigation styled Ciry of Denton v. Denton County Fresh Water Supply District No. JA and Denton County Fresh Water Supply District No. S, Cause No. 99-401 SS-362, filed In the 362nd District Court of Denton County, Texas, including strategy and possible settlement negotiations. C. Consultation with .'.itomey Under TEX. GOVT. CODE Sec. 551.071. Consider possible settlement and mediation authority in litigation styled Castle Dean Johnson, Adminlitratrix of the Estate of Aaron McCoy v. City of De+ton, Cause No. PR•94.458-01 and Caddie Dean Johnson v City of Denton, Cause No. 94.459.01, pending In the Probate Court of Denton County, Texas. D. Conference with Employees - Under TEX. GOV'T. CODE Sec, $51.075. The Council may receive information from employees during a staff conference or briefing, but may not deliberate during the conference, ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING OR ON INFORMATION RECEIVED IN A CONFERENCE WITH EMPLOYFES WILL ONLY BE TAKEN IN AN OPEN MEETING THAT 1S HELD IN COMPLIANCE WITH TEX. GOVT. CODE CH. $31. THE CITY COUNCIL RESERVES 7'HE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOVT, CODE SEC. 551.001, ET SEQ. (TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED 1 MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN t MEETINGS ACT, INCLUDING, WITHOUT LIMITATION SECTIONS 551,071-551.085 OF ! l"N THE OPEN MEETINGS ACT, Regular meeting of the City of Denton City Council on Tuesday, April 6, 1999 at 6;00 p.m. In the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: c City of Denton City Council Agenda April 6, 1999 Page 2 a I. Pledge of Allegiance A. U.S. Flag B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible" 2. Yard of the Month Awards PROCLAMATION TATIONS 3. Presentation of Proclamalions A. Fair Housing Month B. National Community Development Week C. Great American. Clean-Up 4. Presentation of Awards A. National League of Cities Diversity Award B. Great American Main Street Award - Terry Colley CITIZEN REPORTS 5. Receive a citizen report from Jim Osborne regarding municipal services at the Denton Municipal Airport. 6. Receive a citizen report from Bill Morrow regarding Hangeorp (Temlison Avionics) 1. Receive a citizen report from M, Hcdayati representing the Bahai's regarding equality of women. L:ONSENT AGENDA Each orthese items is recommended by the Staff and approval thereof will be shialy on the basis of the Staff recommcndations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids and purchase orders to be approved for payment under the Consent Agenda (Agenda Items 8.13). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval or the Consent Agenda. If no items are pulled, Consent Agenda Items 8.13 below will be approved with o,te motion, If items are pulled for separate discussion, they will be considered as the first items under "Items for Individual Consideration". 8. Tax refund to Dr. Roy Kindrick and Dr. John H. Reed. f t City of Denton City Council Agenda April6, 1999 Page 3 9. Consider adoption of an ordinance authorizing the execution of Change Order 01 to the contract for construction of the Kerley Street waterline between the City of Denton and Bowles Construction Company, Inc.; providing for a decrease In the scope of work and a decrease In the payment amount; and providing an effective date, (Bid 02233 - Kerley Street waterline awarded to Bowles Construction Company, inc. in the amount of $826,041.00 less Change Order 0I in the amount of $54,241.25.) 10. Consider adoption of an ordinance accepting competitive sealed proposals and awarding a contract for outdoor emergency warning sirens and controller system; providing for the expenditure of funds therefor and providing an effective date. (RFSP 2338 - Outdoor emergency warning sirens and controller system awarded to Gifford Electric, Inc. - $180,041.25,) 11, Consider adoption of an ordinance accepting competitive bids and awarding a contract for scanning, Indexing and CD-ROM production services; providing for the expenditure of funds therefor; and providing an effective date. (Bid 02345 - Scanning, Indexing and CD-ROM production services awarded to ILM corporation-approxiamtely 542,39700) 12. Consider adoption of an ordinance of the cit., of Denton, Texas authorizing the expenditure of funds for the payments by the ( ity of Denton for electrical energy transmission fees to those listed cities and utilities providing energy transmission services to the City of Denton; and providing an effectiv: date. (Purchase Orders 94092 to City Public Services of San Antonio, 94094 to Central Power & Light Co., 94096 to Texas Utilities, Transmission Division, and 93595 to flouston Lighting & Power in the total amount of S 1,268.822.25.) 13. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of refuse trucks; providing for the expenditure of funds therefor; and providing an effective date. (Bid 42321 - Refuse trucks awarded as listed:4434,178,97,) 14. Consider adoption of an ordinance approving the expenditure of funds for the purchase of a hardware and software upgrade for YN compliance available from only one source in accordanco with the provisions of State law exempting such purchases from requirements of competitive bids; and providing an effective date. (Purchase Order 91698 - Process Analvsti, inc., Cirrus Software Agreement, in the amount of 546,301 00.) 15. Consider adoption of an ordinance providing for the expenditure of funds for services performed by blind or severely disabled persons in accordance with the provisions of State law exempting such purchases from requirements of competitive bids; and providing an effective date. (File 2353 - Purchase Order 93588, Texas Industries for the Blind and Handicapped • Physically Challenged Services, Inc. for parks, medians, right. of-ways and building grounds maintenance, $28,690.00.) r 16. Consider adoption of en ordinance providing for the expenditure of funds for services r per")rmcd by blind or severely disabled person In accordance with the provisions of State law exempting such purchases from requirements of competitive bids; and providing on effective date. (File 2353 - Purchase Order 93590, Texas Industries for the Blind and Van,licapped - Physically Challenged Services, Inc. for parks litter cleaning, 527,580.00,) r i'. City of Denton City Cou, ..t Agenda April 6, 1999 Page 4 v; 17. Consider adoption of an ordinance providing for the expenditure of funds for ser.':es performed by blind or severely disabled persons in accordance with the provisions of Stale law exempting such purchases from requirements of competitive bids; and providing an effective date. (File 2353 - Purchase Order 93589, Texas Industries for the Blind and Handicapped - Physically Challenged Services, Inc. for parks restroom cleaning, $17,730.00.) 18. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a contract with the Denton Independent School District and all additional documents and agreements, as required, to obtain funding for the 1999 Summer Food Service Program, authorizing the expenditure of funds to a tminister the program; and providing an effective date, 19. Consider adoption of an ordinance naming the new pedestrian bridge in the Civic Center Park within tho City of Denton as the Festival Bridge; and providing an effective date. 20. Consider approval of a resolution allowing LULAC to be the sole participant allowed to sell alcoholic beverages at the Cinco de Mayo Celdaration on May 1, 1999, upon the conditions of obtaining booth, obtaining license and permit, providing general liability insurance, and agreeing to indemnify the City for ,,ay liability; authorizing the City Manager to execute agreement for the conditions; and providing for an effective date, 21. Consider adopton of an ordinance authorizing the mayor to execute an agreement between the City of Denton and the City of Corinth for the impoundment and disposition of doge and cats and the collection of fees pursuant to the provisions of said agreement; and providing an effective date, 22. Consider adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and the City of Aubrey for the impoundment and disposition of dogs and cats and the collection of fees pursuant to the provisions of said agreement; and providing for an effective date. 23. Consider adoption of an ordinance of the city of Denton, Texas approving and authorizing entry or an administrative consent order In settlement of litigation styled United States of America v, Alabama Electric Cooperative, of at., in an amount not exceeding 51,934; authorizing the City Manager to act on the City's behalf in paying the settlement; and declaring an effective date. PUBLIC HEAR IM 24. Hold a public hearing and consider rezoning a 5.0 acre site located on the north side of Mingo Road, east of Loop 288 from Agricultural (A) zoning district to Light Industrial A (LI) zoning district. The property is legally described as a portion of the 150-acre tract out of the 1. Early Survey, Abstract 1279, in the City of Denton, Denton County, Texas. The purpose of the zoning change is to develop a site for the T.R,C,A, Corporation. The Planning and Zoning Commission recommends approval 6-0 with conditions. (2-99- 002) f GI City of Denton City Council Agenda April 6, 1999 Page S Y 25. Hold a public hearing and consider rezoning a 0,22 acre site, located on the southeast corner of Chambers Street and Clifton Street with fronta&e on Dallas Drive, from Single Family (SF-7) zoning district to Neighborhood Services (NS) zoning district. The property is legally describei as Lot 1, Block 3 of the Simmom Ao.;tion in the City of Denton, Denton County, Texas. The purpose of the zoning chang; Is to expand the existing office and retail space. The Planning and Zoning Commk'ssion recommends approval 6-0 with conditions. (Z-99-006) ITEM. FOR INDIVIDUAL. CONSIDERATION 26. Consider approval of a resolution of the City ,if Denton relinquishing approximately 180 acres of land within its extraterritorial juriAiction (ETI) to the City of Argyle and the Town of Bartonville so that Argyle and Bartonville may institute annexation proceedings with respect to such area; and pro-, iding an effective date. 27. Consider adoption of an ordinance amending Article 1V of Chapter 28 of the Code of Ordinances of the City of Denton, Texas, ("Plumbing Code') by repealing the 1983 f Uniform Plumbing Code with certain amendments and providing for the adoption of the 1997 Unifo a Plumbing Code with certain deletions and amendments; providing for a severability clause; providing a savings clause; providing for a penalty in the amount of $2,000,00 for violations thereof; and providing for an effective date. 28. Consider adoption of an ordinance amending Article V of Chapter 28 of the Code of Ordinances of the City of Denton, Texas by repealing the 1994 edition of the Uniform Mechanical Code to provide for the adoption of the 1997 UnL.;m Mechanical Code with certain dmcndmcnts; providing for a severability clause; providing a savings clause; j providing for a penalty in the amount of 52,000AO for violations thereof; and providing 1 for an effective date. 29. Consider adoption of an ordinance amending Chapter 8 "Cable Television" of the Code of Ordinances of the City of Denton by providing that no multichannel video system may be constructed without first obtaining a franchise from the City of Denton and that mu£tichanncl video service cannot be provided without such a franchise; providing a fine not to exceed 5300.00 for violation; providing a savings clause; providing a severability ctavie; providing an Open Meetings clause; and providing an effective data 30. Consider adoption of an ordinance of the City of Denton authorizing the City Manager to execute on behalf of the City of Denton an acceptance of an offer from the Texas Department of Transportation relating to a grant for Routine Alrp .t Maintenance Program; and declaring on effective date. (T%Dot Project No. RAMP9DNTON and TxDot CSJ No. M918DNTON.) 31. Consider adoption of an ordinance authorizing the City Manager to execute an airport lease agreement between the city of Denton and Hangcorp, Inc. to lease certain premises ! of the Municipal Airport for the purpose of constructing and maintaining office and hangar facilities and performing avionics repair and aircraft maintenance thereon; and providing an effective date. I L. City of Denton City Council Agenda April 6,1999 Page 6 ti 32, Consider adoption of an ordinance approving a real estate conveyance between the City of Denton and the State of Texas, relating to 0.307 acres of land for the expansion of U.S. Highway 77 (Parcel 11); authorizing the execution of the Deed; and providing an effective date. 33. Consider adoption of an ordinance approving a real estate contract between the City of Denton and Charles R. Jackson, relating ti the purchase of 0.136 acre of land for the expansion of U.S. Highway 77 (Parcel 24); authorizing the expenditure of funds therefor; and providing an effective date. 34. Consider adoption of an ordinance approving a real estate conveyance between the City of Denton and the state orTexas, relating to 0.093 acres of land for the expansion of U.S. Highway 77 (Parcel 38); authorizing the execution of the deed; and providing an of eclive date. 33. Consider adoption of an ordinance approving a rerl estate contract between the City of Denton and James Ferguson Ogilvy and Susan P. Ogilvy, relating to the purchase of 3.006 acres of land for the expansion of U.S. Highway 77 (Parcel 33); authorizing the expenditure of funds therefor; and providing an effective date. 36. Consider adoption of an ordinance of the City of Denton, Texaco amending Ordinance 99• 034 prohibiting parking on school daylt from 7:30 a.m. to 3:' 1 p.m. on the north side of I Sun Valley Drive front the cast curb of Stuart Road to the cast curb of Yellowstone Place; providing a savings clause; providing a severability clause; providing a penalty not to exceed $200.00; and declaring an erfect.ve date. 37. Consider adoption of an ordinance of the Ch; of Denton, Texas authorizing the Mayor to execute a fourth amendment to the existing agreement between the City of Denton and , Texas Utilities Electric Company extending the term therefor for an additional six month period; finding and dclennining that the two meetings at which this ordinance is passed are open to the public as required by law; providing for en effective date; and providing for acceptance of the agreement by the Texas Utilities Electric Come ny and publication of notice of the passage of this ordinance. 38. Consider adoption of an ordinance of the City of Denton, Texas, authoriring the Mayor to execute an agreement with the University of North Tex:a wherein the University of North Texas furnishes services and facilities in connection with the project generally known as "environmental condition online DFW Metroplex (ECOPLEX)'; approving the expenditure of funds therefore; and providing for an effective date. 39. Consider adoption of an ordinance approving a professional services agreement for engineering design, easement survey and casement document preparation for Highway 77 existing utilities relocation for Interstate 33 to U,S. Highway 380 with ARS Engineering, Inc. for an amount not to exceed $257,200.00. I i ` City of Denton City Council Agenda April 6, 1999 Page 7 4 40. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute an agreement for professional legal services with the law firm of Dickstein, Shapiro, Morin & Oshinsky, LL.P., Washington, D. C, pertaining to the sale, assignment, or other divestiture of all or a portion of the electric utility assets of the City of Denton, Texas; authorizing the expenditure of funds therefor, and providing an effective date. 41, Consld to nominations/appointments to City Boards and Commissions. 42. Miscellaneous matters from the City Manager, 43, New Business This item prolrides a section for Council Members to w2gest Items for future agendas. 44. Possible continuation of Closed Meeting under Sectionc 551-071-351,085 of the Texas Open Meetings Act. 45. Official Action on Closed Meeting items held under Section $51.071-531,083 of the Texas Open Meetings Act. CERTIFICATE 1 certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the _ -day of 1999 at o'clock: (A.M.) (P.M) CITY SECRETARY NOTE; THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE ;NTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 44 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349.8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1.800- RELAY-TX SO 711AT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. t AGENDA ]INFORMATION SHEET AGENDA DATE; April 6, 1999 DEPARTMENT; Fiscal Operations ACM; Kathy DuRose, Assistant City Manager, Fiscal and Municipal Services SUBJECT; An ordinance authorizing the issuance, sale, and delivery of City of Denton General Obligation Refunding Bonds, Series 1999A, levying the tax to pay same, and approving and authorizing instruments and procedures relating thereto; and providing an effective dale. 13ACKGROUND I The ordinance authorizes the issuance, sale, and delivery of City of Denton General Obligation Bonds, Series 1999, and Certificates of Obligation Bonds, Series 1999. The City's financial advisor, First Southwest, also recommends that the City refund portions of outstanding general obligation (00) and certificates of obligation (CO) bonds for (1) CO Series 1987, (2) GO Series 1987, (3) CO Series 1992, (4) 00 Series 1992, and (5) GO Series 1993, Tlie approximate amount to be refunded is 53,830,000. The City's debt policy states that a rerunding will be considered if present value savings are at least 3.5 percent. This refunding is estimated at about $A percent present value savings. (Present value is the value of a future amount in current dollars,) As this is an advance refunding, the City will negotiate this sale. PRIOR ACTIO&MVIEW (Council. Boards. Commissions) This has been reviewed and approved by the Debt Management Committee. The Committee also proposed that the City negotiate the sale with underwriters on the basis of their support in past City of Denton competitive bond sales, a Page n u R FISCAL INFORMATION The General Obligation Refunding, Series IMA, will require an average, annual debt service payment estimated at approximately $396,000, which will save the City about $316,000 over the life of Cie debt. Reap ctfullysubmitted: Diana Ortiz Director, Fiscal Operaiions w • C Page 2 t t. ORDINANCE NO, 99•,,_ ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON GENERAL OBLIGATION REFUNDING BONDS, SERIES 1999A, LEVYING THE TAX TO PAY SAME, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON WHEREAS, the City of Denton, Texas, heretofore has duly issued, and there are presently outstanding, the following Series of Tax supported obligations: City of Denton Certificates of Obligation, Series 1997, dated January 1, 1981, scheduled to mature on July 1, 2007, aggregating $25,000 (and being all of the outstanding bonds of said series scheduled to mature on and after July I, 2007); City of Denton General Obligation Bonds, Series 1987, stated April I, 1987, sclhoduled to mature on Jul), I, 2006 trough July 1, 2007, aggregating $330,000 (and being all of the outstanding bonds of said series scheduled to mature on and after July 1, 2006); City of Denton Certi fieatcs of 0bligation, Series 1992, dated February 1, 1992, scheduled to mature on July 1, d through July 1, 2007, aggregating $373,000 (and being all of the outstanding bonds er s iid series scheduled to nature or; and after July 1,1000); City of Denton General Obligation Bonds, Series 1992, dated March I, 1992, scheduled to mature on July 1, 2002 through July 1, 2012, aggregating S 1,880,000 (and being all of the outstanding bonds of said series scheduled to mature on and after Jul), 1, 2012); City of Denton Ocneral Obligation Bonds, Series 1993, dated March 1, 1993, scheduled to mature oa July 1, 2006 through July 1, 2013, aggregating 51,200,000 (and being ail of the outstanding bonds of said series scheduled to mature on and after July 1, 2000; (collcctivcty, the "Outstanding Obligations"), in the aggregate principal amount of $3,830,000; and WHEREAS, the City Council of the City of Denton dooms it necessary and advisable to rAnd the Outstanding Obligations, and to authorize, issue, and deliver the bonds hereinafter described; and W1iEKEAS, the bonds hereinafter authorized are lobe issued, sold, and delivered pursuant to Verrias Ann Tcx. Civ, St, Article 717k, the City's Home Rule Charter and other applicable laws; / A NOW, THEREFORE,THECOUNCILOFTHFCITY OFDENTON,TEXAS HEREBY ORDAINS THAT: 3 r f t .action 1. AMOUNT AND PURPOSE OF THE BONDS. The bond or bonds of the City of Denton, Texas (the "Issuer") are hereby authorized to be issued and delivered in the aggregate principal amount of 54,070,000, FOR THE PURPOSE OF OBTAINING FUNDS REQUIRED TO REFUND $3,930,000 IN AGGREGAIE PRINCIPAL AMOUNT OF TAX SUPPORTED OBLIGATIONS OF THE CITY OF DENTON,TEXAS. Section 2, DESIGNATION OF THE BONDS. Each bond issued pursuant to this Ordinance shall be designated, "CITY OF DENTON GENERAL OBLIGATION REFUNDING BOND, SERIES 1999A", and initially there shall be issued, sold, and delivered hereunder a single fully registered bond, without interest coupons, payable in installments of principal (the "Initial Bond") but the Initial Bond may be assigned and transferred and/or converted into and exchanged for a like aggregate principal amount of fully registered bonds, without interest coupons, having serial maturities, and in the denomination or denominations of S5,000 or any integral muliiple of S5,000, all in the manner hereinafter provided. The term "Bonds" as used in this Ordinance shall mean and include collectively the Initial Bond and all substitute bonds exchanged therefor, as well as all o1cr substitute bonds and replacement bonds issued pursuant hereto, and the term "Bonds" shall mean any of the Bonds, Section 3. INITIAL DATE, DENOMINATION, NUMBER, MAIURITIES, INITIAL REGISTERED OWNER, AND CHARACTERISTICS OF THE INITIAL BOND. (a) The Initial Bond is hereby authorized to be issued, sold, and delivered hereunder as a single fully registered Bond, without interest coupons, dated APRIL 1, 1999, in the denomination and aggregate principal amount of S . numbered R•1, payable in annual installments of principal to the initial 1 registered owner thereof, to-wit or to the registered assignee or assignees of said Bond or any portion or portions thereof (in each ease, the "registered owner"), with the annual installments of principal of the Initial Bond to be payable on the dates, respectively, and in the principal amounts, respatkcly, stated in the FORM OF INITIAL BOND set forth in this Ordinance. (b) The Initial Bond (i) may be prepaid or redeemed prior to the respective scheduled due dates of installments of principal thereof, (ii) may be assigned and transferred, (iii) may be converted and exchanged for other Bonds, (iv) shall have the characteristic:, and (v) shall be signed and sealed, and the principal of and interest on the Initial Bond shall be payable, all as provided, and in the manner required or indicated, in the FORK[ OF INITIAL BOND set forth in this Ordinance. Section 4. INTEREST. The unpaid principal balance of the Initial Bond shall bear interest from the date of the Initial Bond to the respective scheduled due dates, or to the respective dates of prepaytnernt or redemption, of the installments of principal of the Initial Bond, and said interest shall be payable, all in the manner provided and al the rates and on the dates stated in the FORM OF INITIAL BOND set forth in this Ordinance / i Section 3. FORM OF INITIAL BOND. The form of the Initial Bond, including the form of / j Regisvation Ccrtificale of the Comptroller of Public Accounts of the State of Texts to be endorsed on the Initial Bond, shall be substantially as follows. 4 I c t FORM OF INITIAL BOND NO. R•1 S UNrfED STATES OF AMERICA STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON GENERAL OBLIGATION REFUNDING BOND SERIES 1999A THE CITY OF DENTON, in Denton County, Texas (the "issuer" or the "City"), being & political subdivision of the State of Texas, hereby promises to pay to or to the registered assignee or assignees of this Bond or any portion or portions hereof (in each ease, the "registered owner") the aggregate principal amount of S ( MILLION THOUSAND DOLLARS) I in annual installments of principal due and payable on FEBRUARY IS in each of the years, and in the i respective principal amounts, as set forth in the follrming schedule: PRINCIPAL PRINCIPAL AMOUNT YEAR AMOUNT and to pay interest, calculated on the basis of a 360-day) ear composed of twelve 304ay months, from the date of this Bond hereinafter stated, on the balance of each such installment of principal, respectively, Rom time to time remaining unpaid, at the rates as follows: u% per arumm on the above installment due in _ per annum on the aboa a installment due In per annum on the above Installment due in per annum on the above installment due in per arutum on the above installment due in per annum on the above Installment due In r %per annum on the above installment due in __%Pcr annum on the above Installment due in _ 6 ` t f %per annum on the above installment due in _ per annum on the above instalment due in _ per annum on the above installment due in per annum on the above installment due in _ per annum on the above installment due in _ per annum on the above installment due in _ per annum on the above installment due in _ __Yo per annum on the above installment due in _ with said interest being payable on AUGUST 13, 1999, and semiannually on each FEBRUARY 15 and AUGUST 15 thereafter while this Bond or any portion hereof is outstanding and unpaid, THE INSTALLMENTS OF PRINCIPAL OF AND THE INTEREST ON t,"gym Brad are payable in lawful money of the United States of America, without exchange or collection charges. The installments of principal and the interest on this Bond are payable to the registered owmr hereof through the senices of CHASE BANK OF TEXAS, NATIONAL ASSOCIATION, DALLAS, TEXAS, which is the "Paying Agent/Registrar" for this Bond. Payment of all principal of and interest on this Bond shall be made by the Paying Agent/Registrar to the registered owner hereof on each principal and/or interest payment date by check dated as of such date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the ordinance authorizing the issuance of this Bond (the "Bond Ordinance") to be on deposit with the Paying Agcat/Regisuar for such purpose as hereinafter provided, and such check shall be sent by the Paying Agent/Registrar by y United States mail, first-class postage prepaid, on each such principal and/or interest payment date, to the registered owner hereof, at the address of the registered owner, as it appeared at the close of business on the last day of the month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agcnt/Registrar, as hereinafter described The Issuer wvenants with ` the registered owner of this Bond that on or before each principal and/or interest payment date for this Bond I it will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Band Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on this Bond, when due, IF THE DATE for the payment of the principal of or interest on this Bond shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close, and payment on such date shall have the saute force and effect as if made on the original date payment was due, 1141S BOND has been authorized in accordance with the Constitution and laws of the State of Texas FOR THE PURPOSE OF OBTAININO FUNDS REQUIRED TO REFUND $3,930,000 IN AGGREGATE PRINCIPAL AMOUNT OF TAX SUPPORTED OBLIGATIONS OF THE CITY OF DENTON,TIMS. ON FEBRUARY IS, 2009, or on any date whatsoever thereafter, the unpaid instal[menu of principal of this Bond may be prepaid or redeemed prior to their scheduled due dates, at the option of the Issuer, with funds derived from any available source, as a whole, or in part, and, if in part, the particular portion of this / Bond to be prepaid or redeemed shall be selected and designated by the Paying Agent/Registrar (ptovidod that d a portion of this Bond may be redeemed only in an integral multiple of S5,000), at the prepayment or redemption price of the par or principal amount thereof, plus accrued interest to the date fixed for prepayment or rcdemption. 6 t L per annum on the above installment due in _ per annum on the above installment due in _ _ 9. per annum on the above installment due in _ per annum on the above installment due in per annum on the above installment due in per annum on the above installment due in _ per annum on the above instilment due in _ per annum on the above installment due in _ with said interest being payable on AUGUST 13, 1999, and semiannually on each FEBRUARY 15 and AUGUST 15 thereafter while this Bond or any portion hereof is outstanding and unpaid, THE INSTALLMENTS OF PRINCIPAL OF AND THE INTEREST ON this Bond are payable in lawful money of the United States of America, without exchange or collection charges. The installments of principal and the interest on this Bond are payable to the registered owner hereof through the services of CHASE BANK OF TEXAS, NATIONAL ASSOCIATION, DALLAS, TEXAS, which is the "Paying Agent/Registrar" for this Band Payment of all principal of and interest on this Bond shall be made by the Paying Agent/Registrar to the registered owner hereof on each principal and/or interest payment date by check, dated as of such date, drawn by the Paying Agent/Registrar an, and payable solely from, funds of the Issuer required by the ordinance authorizing tha issuance of this Band (the "Bond Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter proidod; and such check shall be sent by the Paying Agmt/Registrar by United States mail, first-class postage prepaid, on each such principal and/or interest payment date, to the registered owner hereof, at the address of the registered owner, as it appeared at the close of business on the last day of the month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described, The Issuer covenants with the registeW owner of this Bond that on or before each principal and/or interest payment date for this Bond it will make available to the paying Agent/Registrar, from the "interest and Sinking Fund" creatod by the Bond Ordinance, the amounts required to provide fc.- the payment, in immediately available funds, of all principal of and interest on this Bond, when due, IF 'THE DATE for the payment of the principal of or interest on this Bond shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where the Paying Agent/Registrar is locatxl arc authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close; and paymcnt on such date shall have the tame force and effect as if made on the original date paymcnt was due. THIS BOND has been authorized in accordance with tha Constitution and laws of the State of Texas FOR THE PURPOSE OF OBTAINING FUNDS REQUIRED TO REFUND $3,830,000 IN AGGREOATE PRINCIPAL AMOUNT OF TAX SUPPORTEDOBLIOATIONS OF THE CITY OF DENTON,TEXAS, ON FEBRUARY 13, 2009, or on any date whatsoever thereafter, the unpaid installments of principal of this Bond may be prepaid or redeemed prior to their scheduled due dates, at the option of the Issuer, with funds derived from any available source, as a whole, or in part, and, if in part, the particular portion of this ,t Bond to be prepaid or redeemed shall be selected and designated by the Paying Agent/Registrar (provided that a portion of this Bond may be redeemed only in an integral multiple of $3,000), at the prepayment or redemption price of the par or principal amount thereof, plus accrued interest to the datk fixed for prepayment or redemption 8 1 t i AT LEAST 30 days prior to the date fixed for any such prepayment or redemption a written notice of such prepayment or redemption shall be mailed by the Paying Agent/Registrar to the registered owner hereof. By the date fixed for any si,.h prepayment or redemption due provision shall be made by the Issuer with the Paying Agent/Registrar for the payment of the required prepayment or redemption price for this Bond or the portion hereof which is to be so prepaid or redeemed, plus accrued interest thereon to the date fixed for prepayment or rodemption if such written notice of prepayment or redemption is given, and if due provision for such payment is made, all as provided above, this Bond, or the portion thereof which is to be so prepaid or redocm~;d, thereby automatically shall be treated as prepaid or redeemed prior to its scheduled due date, and shall not bear interest after the date fixed for its prepayment or redemption, and shall not be regarded as being outstanding except for the right of the registered owner to receive the prepayment or redemption price plus accrued interest to the date fixni for prepayment or redemption from the Paying Agent/Registrar out of the funds provided for such payment. The Paying Agent/Registrar shall record in the Registration Books all such prepayments or redemptions of principal of this Bond or any portion hereof. THIS BOND, to the extent of the unpaid or unredeemed prnncipJ balance hereof, or any unpaid and unredeemed portion hereof in any integral multiple of $3.000, may be assigned by the initial registered owner hereof and shall be transferred only in the Registration Books of the Issucr kept by the Paying Agent/Registrar acting in the capacity of registrar for the Bonds, upon the terms and conditions set forth in the Bond Ordinance Among other requirements for such transfer, this Bond must be presented and surrendered to the Paying Agent/ Registrar for cancellation, togethrr with proper instruments of assignment, in form and with guarantee ofsigna- tures satisfactory to the Paying Agent/Registrar, evidencing assignment by the initial registered owner of this Bond, or any portion or portions hereof in any integral multiple of S3,000, to the assignee or assignees in whose name or names this Bond or any such portion or portions hereof is or are to be transferred and registered. Any I instrument or instrun. nts of assignment satisfactory, to the Paying Agent/Registrat may be used to evidence the assignment of this bond or any such portion or portions hereof by the initial registered owner hereof A new bond or bonds payable to such assignee or assignees (which then will be the new registered owner or owners of such new Bond or Bonds) or to the initial registered owner as to any portion of this Bond which is not being assigned and transferred by the initial registered mmncr, shall to delivered by the Paying Agcnt'Rcgistrar in conversion of and cxchange for this Bond or any portion or portions hereof, but solely in the form and manner as provided 'n the ne!Q paragraph hereof for the conversion and exchange of this Bond or any portion hereof. The registered owner of this Bond shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner .eroof for all purposes, including payment and discharge of liability upon this Bond to the extent of such payment, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary. AS PROVIDED above and in the Bond Ordinance, this Bond, to the extent of the unpaid or unredmired principal balance hereof, may be converted into and exchanged for a like aggregate principal amount of fully registered bonds, without interest coupons, payable to the assignoc or assignees duly designated in" riling by the initial registered owner hereof, or to the initial registered owner as to any portion of this Bond which is not being assigned and transferred by the initial registered owner, in any denomination or denominations in any integral multiple of S5,000 (subject to the requirement hereinafter stated that each substitute bond issued in exchange for any portion of this Bond shall have a single stated principal m runty date), upon surrender of this Bond to the Paying AgentlRegistrar for cancellation, all in accordance with the r form and procedures set forth in the Bond Ordinance, If this Bond or any portion hereof is assigned and ,t transferred or converted each bond issued in exchange for any portion hereof shall have a single stated principal j maturity date corresponding to the due date of the installment of principal of this Bond or portion hereof for which the substitute bond is being exchanged, and shall bear interest at the rate applicable to and borne by such installment of principal or portion thereof, Such bonds, respectively,, shall be sutjcct to redemption prior to maturity on the same dates and for the same prices as the corresponding installment of principal of this Bond 7 u I or portion hereof for which they are belm exchanged No such bond shall be payable in instalments, but shali have only one stated principal nuturity date. AS PROVIDED IN THE BOND ORDINANCE, THIS BOND IN ITS PRESENT F ORM ALAY BE ASSIGNED AND TRANSFERRED ORCONVERTED ONCE ONLY, and to one or more n.tsignees, but the bonds issued and delivered in exchange for this Band or any portion hereof may be assigned and transferred, and converted, subsequently, as provided in the Bond Ord rmice, The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring, converting, and exchanging N s Bond or any portion thereof, but the one requesting such transfer, conversion, and exchange shall pay any taxes or govcmmenta charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make any such assignmut, conversion, or exchange (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next fall( wing principal or interest payment date, or, (ii) with respect to any Bond or portion thereof called for prepayi:.ent or redemption prior to maturity, within 45 days prior to its prepayment or redemption date. IN THE EVENT any Paying Agent/Registrar for this Bond is changed by the Issuer, resigns, or otherwise ceases to tut as such, the Issuer has covenanted in the Bond Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and promptly will cause written notice thereof to be mailed to the registered owner of this Bond. IT IS HEREBY certified, recited, and covenanted that this Bond has been duly and validly voted, authorized, issued, sold, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Bond have been performed, existrnd, and been done in accordance with law; that this Bond is a general obligation of the Issuer, issued on the full faith and credit thereof; and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Bond, as such Interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in the Issuer, and have been pledged irrevocably for such payrnent, within the limit prescribed by law. BY BECOMING the registered owner of this Bond, the registered mvner thereby acknowledges all of the terms and provisions of the Bond Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Bond Ordinance is duly recorded and available fa inspection In the official minutes and t records of the governing body of the issuer, and agrees that the terms and provisions of this Bond and the Bond Ordinance constitute a contract between the registered owner hereof and the Issuer. IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the manual signature orthc Mayor of the Issuer and countersignod with the manual signature of the City Secretary of the Issuer, has caused the official seal of the Issuer to be duly impressed on this Bond, and has caused this Bond to be dated APRIL I, 1999. City Secretary, Mayor, City of Denton, Texas City of Denton, Texas / i (CITY SEAL) t. a c a (INSERT BOND INSURANCE LEGEND, IF ANY) FORM OF REGISTRATION CERTIFICATE OF THE COMPTROLLER OF PUBLIC ACCOUNTS: (To be attached to Initial Bond only) COhIPTROLLER'S REGISTRATION CERTIFICATE. REGISTER NO. I hereby certify that this Bond has been examined, certified as to validity, and approved by the Attorney General of th State of Texas, and that this Bond has been registered by the Comptroller of Public Accounts of the State of Texas. Witness my signature and seal this Comptroller of Public Accounts of the State of Texas III (COhIPTROLLER'S SEAL) i Section b. ADDITIONAL CHARACTERISTICS OF THE BONDS, Registration and Transfer. (a) The Issuer shall keep or cause to be kept at the principal corporate Uust office of CHASE BANK OF TEXAS, NATIONAL ASSOCIATION, DALLAS, TEXAS (the "Paying Agent/Registrar") books or records of the registration and transfer of the Bonds (the "Registration Books"), and the Issuer hereby appoints the Paying Agcnt/R cg strar as its registrar and transfer agent to keep such books or records and make such transfers and registratons under such reasonable regulations as the Issuer and Paying Agent/Registrar may prescnbe, ml the Paying AgmuRegistrar shall make such transfers and registrations as herein provided, The Paying AgcndRcgistrar shall obtain and record in the Registration Books the address of the registered owner of ca,~S Bond to %%hich payments with respect to the Bonds shall be mailed, as herein provided, but it shall be the duty ofeach registered owner to notify the Paying AgcnURegislrar in writing oft - •3dress to which rxyments shall be mailed, and such interest payments shall not be mailed unless such notice has been given, The Issuer shall have the right to inspect the Registration Books during regular business hours of the Paying Agmt/Registrar, but otherwise the Paying Agcnt/Registrar shall keep the Registration Books confidential and, unless otherwise required by law, shall not permit their inspection by any other entity. Registration of each Bond tray be transferred in the Registration Books only upon presentation and surrender of such Bond to the Paying AgeriuRcgistrar for transfer of registration and cancellation, together with proper written instruments of assignment, in form and with guarantor of signatures satisfactory to the Paying Agent/Registrar, (i) enddencing the assignment of the Bond, or any portion thereof In any integral multiple of $5,000, to the assignee or assignocs thereof, and (ii) the right of such assignee or assignees to have the Bond or any such portion thereof registered in the name of such assignee or assigtues. Upon the assignment and transfer of any Bond or any portion thereof, a new substitute Bond or Bonds shall be issued in conversion and exchange therefor In the a manner herein provided The Initial Bond, to the extent of the unpaid or unredeemed principal balance thereof, may be assigned and trans fared by the initial registered owner thereof once only, and to one or more assigms designated in riting by the initial registered owner thereof All Bonds issued and delivered in conversion of and exchange for the Initial Bond shall be in any denomination or denominations of any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute Bond shall have a single stated 9 i I I ~ i F t principal maturity date), shall be in the form prescribed in the FORM OF SUBSTITUTt: BOND set forth in this Ordinance, and shall have the characteristics, and may be assigned, transferred, and converted as hereinaRer provided. If the Initial Bond or any portion thereof is assigned and transferred or converted the Initial Bond must be surrendered to the Paying Agent/Registrar for cancellation, and each Bond issuod in exchange for any portion of the Initial Bond shall have a single stated principal maturity date, and shall not be payable in installments; and each such Bond s;Wl have a principal maturity date corresponding to the due date of the installment of principal or portion th,:reof for which the substitute Bond is being exchanged; and each such Bond shall bear intcrert at the single rate applicable to and borne by such instal liment of principal or portion thereof for which it is being exchanl ed. Ifonly a portion of the Initial Bond is assigned and transferred, there shall be delivered to and registered in the name of the initial registered owner substitute Bonds in exchange for the unassigned balance of the Initial Bond in the same manner as if the initial registered owner were the assignee thereof if any Bond or portion thereof other than the Initial Bond is assigned and transferred or converted each Bond issued in exchange therefor shall have the same principal maturity date and bear interest at the same rate as the Bond for which it is exchanged, A Ilona of assignment shall be printed or endorsed on each Bond, excepting the Initial Bond, which shall be executed by the registered owner or its duly authorized attorney or rep rescriud ve to evidence an assignment thereof Upon surrender of any Bonds or any portion or portions thereof for transfer of registration, an authorized representative of the "aging Agent'Registrar shall make such transfer in the Registration Books, and shall deliver a new fully registered substitute Bond or Bonds, having the characteristics herein described, payable to such assignee or assignees (which then will be the registered owner or owners of such new Bond or Bonds), or to the previous registered owner in case only a portit n ofa Bond is being assigned and transferrod, all in conversion of and exchange for saiJ assigned Bond or Bonds or any portion or portions there in the same form and manner, and with the ;ame eff"l, as provided in Section 6(d), below, for the conversion and exchange of Bonds by any registered I o,vner of a Bond. The Issuer shall pay the Paying AgenuRegistrar's standard or customary foes and charges for making such transfer and delivery ofa substitute Bond or Bonds, but the one requesting such transfer shall pay any taxes or oth. • governmental charges required to be paid with respect thereto The Paying Agent/Registrar shall not be required to make transfers of registration of any Bond or any portion thereof (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Bond or any portion thereof called for redemption prior to maturity, within 4S days prior to its redemption date, (b) vv r _pj~p, The entity in whose name any Bond shall be registered in the Registration Books at any time shall be deemed and treated as the absolute owner thereof for all purposes of this Ordinance, whether or not such Bond shall be overdue, and the Issuer and the Paying Agent/Rogistrar shall net be affected by any notice to the contrary; and payment of, or on account of, the principal of, premium, if any, and interest on any such Bond %Vl be made only to such registered owner All such y i)incnts shall be valid and effectual to satisfy and discha: pe the liability upon such Bond to the extent of the sing or sums so paid. (c) Pavmrnt of mdg and Interest The Issuer hereby further appoints the paying Agent/Registrar to act as the paying agent for paying the principal of and interest on the Bonds, and to act as its agent to convert and exchange or replace Bonds, all as provided in this Ordinance 11he Paying Agent/Registrar shall keep proper records of all payments: lade by the Issuer and the Paying Agent/Registrar with respect to the Bonds, and of all conversions and exchanges of Bonds, and all replacements of Bonds, as provided in this r Ordinance Flmvever, in the event of anon pa)mcnt of interest on a scheduled payment date, and for thirty (10) ' 4, days thcreaRer, a new record date for such interest payment (a `Special Record Date") will be establiOd by (j,- the Paying Agcnt/Registrar, if and when funds for the payment of such interest have been received from the Issuer Notice of the Special Record Date and of the scheduled payment date of the past due interest ("Special Payment Date", which shall be fERecn (IS) days aRcr the Special Record Date) shall be sent at least five (S) business days prior to the Special Record Date by United States snail, first class postage prt*d, to the address 10 f of each Holder of a Bond appearing on the registration books of the Paying Agent/Reg',stray at the close of business on the 15th business day next preceding the date of mailing of such notice. (d) Conversion and Exchange or Replacement: Authentication. Each Bond issued and delivered pursuant to this Ordinance, to the extent orthe unpaid or unrodcemed principal balance or principal amount thereof, may, upon surrender ofsuch Bond at the principal corporate trust office of the Paying AgenURegistrar, together with a written request therefor duly executed by the registered owner or the assignee or assignees thereof, or its or their duly authorized attorneys or representatives, with guarantee of signatures satisfactory to the Paying Agent/Registrar, may, at the option of the registered cn ncr or such assignee or assignees, as appropriate, be converted into and exchanged for fully registered bonds, without interest coupons, in the form prescribed in the FORM OF SUBSTITUTE BOND set forth in this Ordinance, in the denomination of $5,000, or any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute Bond shall have a single stated maturity date), as requested in writing by such registered o%ur or such assignee or assign"-s, in an aggregate principal amount equal to the unpaid or unredoemed principal bt lance or principal amount of any Bond or Bonds so surrendered, and payable to the appropriate, registered owner, assignee, or assignees, as the case maybe . If the Initial Bond is assigned and transferred or converted each substitute Bond issued in exchange for any portion of the Initial Bond shall have a single stated principal maturity date, and shall not be payable in installments; and each such Bond shall have a principal maturity date correspond' Mg to the due date of the installment of principal or portion thereof for which the substitute Bond is being 1 exchanged; and each such Bond shall bear interest at the single rate applicable to and borne by such installment of principal or portion thereof for which it is being exchanged. Ifs portion of any Bond (other than the Initial Bond) shall be redeemed prior to its scheduled maturity as provided herein, a substitute Bond or Bonds having the same maturity date, bearing interest at the same rate, in the denomination or denominations of any integral multiple of $5,000 at the request of the registered envncr, and in aggregate principal amount equal to the unredccmcd portion thereof, mill be issued to the registered owner upon surrender thereof for cancellation. If any Bond or portion thereof (other than the Initial Bond) is assigned and transferred or converted, each Bond issued in exchange therefor shall have the same principal maturity date and bear interest at the same rate as the Bond for which it is being exchanged. Each substitute Bond shall bear a letter and/or number to distinguish it from each other Bond The Paying Age; /Registrar shall convert and exchange or replace Bonds as provided hcrcin, and each fully registered bond delivered in conversion of and exchange for or replacement of any Bond or portion thercoras permitted or required by an) provision of this Ordinance shall constitute one of the Bonds for all purposes of this Ordinance, and may again be converted and exchanged or replaced. It is specifically provided that any Bond authenticated in conversion of and exchange for or replacement of another Bond on or prior to the first scheduled Record Date for the Initial Bond shall bear interest from the date of the Initial Bond, but each substitute Bond to authenticated after such first scheduled Record Date shall bear interest from the interest payment date next preceding the date on which such substitute Bond was to authenticated, unless such Bond is authenticated after any Record Date but on or before the text following Interest payment date, in which case it shall bear interest from such next following interest pay meet date; provided, however, that if at the time of delivery of any substitute Band the interest or, the Bond )r AhIch it is being exchanged Is due but has not boon paid, then such Bond shall bear interest from the date to which such interest has been paid in full, THE INITIAL BOND Issued and delivered pursuant to this Ordinance is not required to be, and shall riot be, authenticated by the Paying Agent'Itegistrar, but on each substitute Bond issued in conversion of and exchange for or replacement of any Bond or Bonds issued under this Ordinance there shall be printed a certificate, in the form substantially as follows. d "PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE It is hereby certified that this Bond has been Issued under the provisions of the Bond Ordinance described in this Bond; and that this Bond has been issued in conversion of and exchange for or rpiacement S1 1 { i. of a bond, bonds, or a portion of a bond or bonds of an issue which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas, CMSE BANK OF TEXAS, NATIONAL ASSOCIATION, DALLAS, TEXAS Paying Agent/Registrar Dated By Authorized Representative" An authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Bond, date and manually sign the above Certificate, and no such Bond shall be deemed to be issued or outstanding unless such Certificate is so "muted. The Paying Agent/Registrar promptly shall cancel all Bonds surrendered for conversion and exchange or replacement. No additional ordinances, orders, or resolutions need be passed or adopted by the governing body of the Issuer or any other body or person so as to accomplish the foregoing conversion and exchange or replacement of any Bond or portion thereof, and the Pay ins Agent/Registrar shall provido for the printing, execution, and delivery of the substitute Bonds in the manner prescribed herein, and said Bonds shall be of type composition printed on paper with lithographed or steel engraved borders of customary weight and strength. Pursuant to Vernon's Ann. Tex. Civ. St Art. 717k.6, and particularly Section 6 thereof, the duty of conversion and exchange or mplzcement of Bonds as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of the above Paying Agent/Registrar's Authentication Certificate, the converted and exchanged or replaced Bond shall be valid, incontestable, and enforceable in the same mavnur and with the same effect as the Initial Bond which originally was issued pursuant to this Ordinance, approved by the Attorney General, and registered by the Comptroller of Public Accounts. The Issuer shall pay the Paying Agent/Registrars s'zrtdard or customary fees and charges for transferring, converting, and exchanging any Bond or any portion thereof, but the one requesting any such transfer, comersion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto as a condition precedent to the exercise of such pnvilege of conversion and exchange. The Paying Agent/ Registrar shall not be required to make arty such conversion and exchange or replacement of Bonds or any portion th:reof (i) during the period commencing wife the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Bonder portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. (c) In Ocneral. All Bonds issued in conversion and exchange or replacement of any other Bond or portion thereof, (i) shall be issued in fully registered form, without interest eoupcns, with the principal of and interest on such Bonds to be payable only to the registered owners thereof, (ii) may be redeemed prior to their scheduled maturities, (iii) may be transferred and assigned, (Iv) may be converted and exchanged for other Bonds, (v) shall base the characteristics, (vi) shall be signed and scaled, and (vii) the principal of and interest on the Bonds shall be payable, all as provided, and in the manner required or indicated, in the FORM OF SUBSTITUTE BOND set forth in this Ordinance. (f) Pavmcnt of Fees and Cham t The Issuer hereby covertants with the registered knvners of Lie Bonds that it will (i) pay the standard or customary fees and charges of the Paying Agent/Registrar for its r 4 sen ices with respect to the payment of the principal of and interest on the Bonds, when due, and (ii) pay the f - Bros and charges of the Paying Agent/Registrar for services with respect io the transfer of registration of Bonds, and with respect to the conversion and exchange of Bonds solely to the extent above provided in 6s Ordinance i 12 (g) Substitute Paying Aaertt/Reai.eW. The Issuer covenants with the registered owners of the Boards that at all vines while the Bonds are outstanding the Issuer will provide a competent and legally qualified bank, trust company, fuuaneiat Institution, or other agency to ad as and perform the services of Paying Agent/Registrar for the Bands under this Ordinance, a„d that the Paying Agent/Registrar will be one entity. The Issuer reserves the right to, and may, at its option, change the Paying Agmt/Registru upon not leas than 120 days written notice to the Paying AgenURegistror, to be effective not later than 60 days prior to tk next principal or interest payment date after such notice. In the event that the entity at any time acting as Paying Agent/Registrar (or its i-wcessor by merger, acquisition, or other mcthod) should resign of otherwise cease to act as such, the Issuer covenants that promptly it will appoint a competent and legally qualified bank, trust company, financial institution, or other agency to ad as Paying Agent/Registrar under this Ordinance, Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Registrer promptly shall transkr and deliver the Registration Books (or a copy thereon, along with all other pertinent books and records relating to the Bonds, to the new Paying Agent/Regi stru designated and appointed by the Issuer. Upon my change in the Paying AgenURegistrar, the Issuer promptly will cause a written notice thereof to be sent by the new Paying Agent/Regisuar to each registe.ed owner of the Bonds, by United States mail, first-class postage prepaid, which notice also shall give the address of the new Paying Agent/Registru. By accepting the position and performing as wch, each Paying Agent/Registrar shall be deemed to have agreed to the provisions of this Ordinance, and a certified copy of this Ordinance shall be delivered to each Paying AgenvRegistrar. Sectim 7, FORM OF SUBSTITUTE BONDS. The form of all Bonds issued in conversion and exchange or replacement of any other Bond or portion thereof, including the form of Paying Agent/Registnr's Bond to be printed on each of such Bonds, and the Form of Assignment to be printed on each of the Bonds, shall be, respectively, substantially as follows, with such appropriate variations, omissions, or insertions as are permitted or required by this Ordinance. FORM OF SUBSTITUTE BOND a (Book-Entry Only Legend, if appropriate) NO UNITED STATES OF AMERICA PRINCIPAL AMOUNT ` STATE OF TEXAS S COUNTY OF DENTON CITY OF DENTON, TEXAS GENEkAL OBLIGATION REFUNDING BOND SERIES 1999A ORIOINAL DATE INTEREST RATE MATURITY DATE OF ISSUE CUS1P N i I ON THE MATURITY DATE specified above the CITY OF DENTON, in Denton County, Texas r (the "Issuer"), being a political subdivision of the State of Texas, hereby promises to pay to or to the rctislored &its ignoe hereof (either being hcreinafier cal led the 'reji stared ownW) the principal amount of 13 c I I i E and to pay interest thereon, calculated on the basis ofa 360-day year composed of twelve 30-day months, from APRIL I, 1999, to the maturity date specified above, or the date of redemption prior to maturity, at the interest rate per annum specified above; with interest being payable on AUGUST 13, 1999, and scnuannually on each FEBRUARY 13 and AUGUST 13 thereafter, except that ifthe date of authentication of this Bond is later than the first Record Date (hereinafter defined), such principal amount shall bear interest from the interest payment date next preceding the date of authentication, unless such date of authentication is after any Record Date (hereinafter defined) but on or before the next following interest payment date, in which case such principal amount shall bear interest from such next following interest payment date. THE PRINCIPAL OF AND INTEREST ON this Bond are payable in lawful money, of the United States of America, without exchange or collection chargd. The principal of this Bond shall be paid to the registered owner hereof upon presentation and sunertder of this Band at maturity or upon th• 4ate flied for its redemption prior to maturity, at the principal corporate trust office of CHASE BANK OF TEXAS, NATIONAL ASSOCU1TION,DALLAS, TEXAS, which is the"PayingAgem/Registrar"for this Bond. The payrwm of interest on this Bond shall be made by the Paying Agent/Registrar to the registered owner hereof on each interest payment date by check, dated as of such interest payment date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the ordinan -e authorizing the issuance of the Bonds (the "Bond Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such interest payment date, to the registered owner hereof, at the address of the registered owner, as it appeared at the close of business on rho last day of the month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described, However, the payment of such interest may be made by any other method acceptable to the Paying Agent/Registrar and requested by, and at the risk and expense of, the registered owner hereof Any accrued interest due upon the rodemption of this Bond prior to maturityas provided herein shall be paid to the registered owner at the principal corporate trust office of the Paying Agent/Regisuar upon presentation and surrender of this Bond for redemption and payment at the principal corporate trust office of the Paying Agcnt/Rcgistrar. The Issuer covenants with the registered owner of this Bond that on or before each principal ' payment date, interest payment date, and accrued interest payment date for this Bond it will hake available to the Paying Agent/Registrar, from the "Interest and Sucking Fund" created by the Band Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Bonds, when due, IF THE DATE for the payment of the principal of or interest on this Bond shall k a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where the Paying Agent/Regisuar is located ate authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which bankiq institutions are authorized to close; and payment on such date shall have the same force and effect a if made on the origirsal date payment was due. THIS BOND is one of an issue of Bonds initially dated APRIL 1,1999, authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of S FOR THE ' PURPOSE OF OBTAINING FUNDS REQUIRED TO REFUND 53,830,000 IN AGGREOATE PRINCIPAL AMOUNT OF TAX SUPPORTED OBLiak rIONS OF THE CITY OF DENTON, TEXAS. 14 i I r 3 f ON FEBRUARY 15, 2009, or on any date whatsoever thereafter, the Bonds of this Series may be redeemed prior to their scheduled maturities, at the option of the Issuer, with funds derived from any available and lawful source, as a whole, or in part, and, if in pan, Ile particular Bonds, or portions thereof, to be redeemed shall be selected and designated by the Paying Agent/Registrar (provided that a portion of a Bond may be redeemed only in an integral multiple of 53,000), at the redemption price ofthe paror principal amount thereof, plus accrued interest to the date fixed for redemption, AT LEAST 30 days prior to the dare fixed for any redemption of Bonds or portions thereof prior to maturity a wTincn notice of such redemption shall be published once in a financial publication, journal, or reporter of general circulation among securities dealers in The City of New York, New York (including, but not limited to, The Bond Buyer and The Wall Street Journal), or in the State of Texas (including, but not limited to, The Texas Bond Reporter) Such notice also shall be sent by the paying AgenNRegistrar by United States mail, first-class postage prepaid, not less than 30 days prior to the date fixed for any such redemption, to the registered owner of each Bond to be redeemed at its address as it appeared on the 45th day prior to such redemption date, provided, however, that the failure to send, mail, or receive such notice, or any defect therein or in the sending or mailing thereof, shall rat affect the validity or effectiveness of the proceedings for the redemption ofany Bond, and it is hereby specifically pruvided that the publication of such no ice as required above shall be the only notice actually required in connection with or as a prerequisite to the redemption of any Bonds or portions thereof By the date fired for any such redemption due provision shall be made w Lh the Paying Agcnt/Registrar for the payment of the required redemption price for tho Bonds or portions thereof which arc to be so redeemed, plus accrued interest thereon to the date fixed for redemption If surh written notice of redemption is published and if due provision for such payment is made, all as provided move, the Bands or portions thereof which are lobe so redeemed thereby automatically shall be treated as redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for redemption, and they shall not be regarded ~s bring outstanding except for the righter the registered owner to receive the redemption price plus accrued interest from thePi%ingAgenURegistraroutoftheGindsprmidcdforsuch payment , Ifaportion 1 of any Bond shall be redeemed a substitute Bond or Bonds having the same maturity date, bearing interest at tle sane rate, in any dcmomincion or denominations in any integral multiple of $3,000, at the wrirtcr vest of the registered owner, and in aggregate principal amount equal to the unrodmmd portion thereo I be issued to the registered ovvtter upon the surrender thereof for cancellation, at the expense of the Issuer, all as provided in the Bond Ordinance, 11 JS BOND OR ANY PORTION OR PORTIONS HEREOF IN ANY INTEGRAL MULTIPLE OF $5.000 Wray be assigned and shall be transferred only in the Registration Rooks of the Issuer kept by the Paying AgcnURegistrar acting in the capacity of rcgi,,trar for the Bonds, upon the terms and conditions set forth in the Lund Ordirwncc Among other requirements for such assignment and transfer, this Bond must be prescnkd and surrendered to the Paying Agca Registrar, together with proper instruments of assignment, in form and w ith guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment of Oils Bond or any portion or portiuns hereof in any Integral multiple of $3,000 to the assignee or assignees in whose name or names this Bond or any such portion or portions hereof is or are to be transferred and repistered The form of Assignment printed or endorsed on tlds Bond shall be cxecuted by the registered owner w its duly authorized attorney or representative, to evidence the assignment hereof A new Bond or Bonds payable to such assignee or assignees (which then will be the new registered owner of owners of such new Bond n or Bonds or to the previous registered oKncr in the case of the assignment and transfer of only a portion of l this Bond, may be dcitverod by the Paying Agcnt/Registrar in conversion of andexchange for this Bond, all r i in the form and manner as provided in the next paragraph hereof for the conversion and exchange of other Bonds The I %suer thali pay the Paying AgentlRegistrt''s standard of customary foci and charges for making such transfer, but the one requesting such transfer shall pay any taus or other gmemmernat charge required to be paid vvnh respect thereto, The Paying Agent/Registru shall not be required to make transfers of 15 t 5 registration of this Bond or any portion hereof (i) during the period commencing vvith the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Bond or any portion thereof called for redemption prior to maturity, within 43 days prior to its redemption date. The registered owner of this Bond shall be deemed and treated by the Issuer and the Paying Agent/Regi strar as the absolute awncr hereof for all purposes, including payment and discharge of liability upon this Bond to the extern of such payment, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary ALL BONDS OF THIS SERIES are issuable solely as fully registered bonds, without interest coupons, in the denomination of any integral multiple of $5,0K As provided in the Bond Ordinance, this Bond, or any unrcdoomod portion hereof, may, at the request of the registered owner or the assignee or as- signccs hereof, be converted into and exchanged for a like aggregate principal amount of fully registered bonds, without interest coupons, payable to the appropriate registered owner, assignee, or assignees, as the case may be, having the same maturity date, and bearing interest at the same rate, in any denomination or denominations in any integral multiple of $3,000 as requested in writing by the appropriate registered owner, assignee, or assignees, as the ear^ may be, upon surrender of this Bond to the Paying Alient/Registrar for cancellation, all in accordance with the form and procedures set forth in the Bond Ordinance. The Issuer shall pay the Paying Agcnt/Registrar's standard or customary foes and charges for transferring, converting, and exchanging any Bond or any portion thereof, but the one requesting such transfer, conversion, and exchange shall pay any taxes or govcrnmontal charges required to be paid with rcapect thereto as a condition precedent to the exercise of such privilege ercoavorsion and "change no Paying Agcnt/Registrar shall not be required to make any such come rsion and exchange (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal ar interest payment date, or, (ii) vvith f respect to any Bond or portion thereof called for redemption prior to maturity, within 43 days prior to its redemption date. IN THE EVENT any Paying Agcm/Registrar for the Bonds is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and promptly will cause written notice thereof to be mailed to the registered owners of the Bonds, IT IS HEREBY ceniFled, recited, and covenanted that this Bond has been duly and validly voted, authorized, issued, sold and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done prcccdcnt to or in the authorization, issuance, and delivery of this Bond have been performed, existed, and been done in accordance with law; that this Bond is a general obligation of the Issuer, issued on the full faith and credit thereof; and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal orthis Bond, as such interest comes due and such principal matures, have been kvied and ordered to be levied against all taxable property in the Issuer, and have been pledged irrevocably for such payment, within the limit prescribed by law. BY B ECOM m the registered owner of this Bond, the registered owner thereby acknowledges all of the lcmu and provisions of the Bond Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Bond Ordinance A duly recorded and available for inspection in the official minutes and records of the governing body of the Issuer, and agrocs that the terms and provisions ofthis Bond and the Bond a Ordinance constitute a contract bdween each registered owner hereof and the Issuer. 18 ~t M WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the manual or facsimile signature of the Mayor of the Issuer and countersigned with the manual or facsimile signature of the City Secretary of the Issuer, and has caused the official seal of the Issuer to be duly impressed, or placed in facsimile, on this Bond, (facsimile signature) (facsimile sigmture) City Secretary, Mayor, City of Denton, Texas City of Denton, Texas (CITY SEAL) l ' (INSERT BOND INSURANCE LEGEND, IF ANY) FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE PAYING AGENT/REGISTRAR'S AUTHENTICATION CER rIFICATE (To be executed if this Bond Is aot accompanied by an executed I egistration Certificate of the Comptroller of Public Accounts of the State o' Texas) It is hereby certified that this Bond has been issued under the provisions of the Bond Ordinance described in this Bond; and that this Bond has been issued in conversion of and exchange for or replacement of a bond, bonds, or a portion of & bond or bonds of an issue which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas, ' :ASE BANK OF TEXAS, NATIONAL ASSOCIATION, DALLAS, TEXAS Paying Agent/Registrar Dated By_ Authorized Representative r 17 1 . t i i ;i FORM OF ASSIGNMENT ASSIGNMENT FOR VALUE RECEIVED, the undersignod registered owner of this Bond, or duly, authorized representative or attomey thereof, hereby assigns this Bond to f ! (Assignee's Social (print or t)p.write Assignee's name and Security or Taxpayer address, including rip code) Identification Number) and hereby irrevocably constitutes and appoints attorney to transfer the registration of this Bond on the Paying Agent/Registrar's Registration Books with full power of substitution in the premises. Datcd _ Signature Guaranteed, NOTICE The signature to this Assignment Registered Owner must be guaranteed by a financial institution NOTE: Th,. signature to this Assignment that is a member of the Securities Transfer must correspond with the name as it Agent. Medallion Program ("STAMP"). the appears upon the face of the within Bond Stock Exchange Medallion Program("SEMP") ine%cry particular, without enlargement or or the New York Stock Exchange, Inc, alteration or any change whatsoever Medallion Signature Program ("MSP'). Section B. (a) TAX LEVY. A special Interest and Sinking Fund (the "Interest and Sinking Fund") is hereby created solely for the benefit of the Bonds, and the Inte, est and Sinking Fund shall be established and maintained by the Issuer at an official depositery bank of the Issuer. The Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of the Issuer, and shall be used only for paying the interest on and principal of the Bonds. All ad v!lorcm taxes levied and eolleetod for and on account of the Bonds, together with any premium received from the sale of the Bonds, shall be deposited, as collected, to the credit of the Interest and Sinking Fund During each )car while any of the Binds or interest thereon arc l outstanding and unpaid, the governing body of the Issuer shall compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and produce the money required to pay the interest on the Bonds as such interest becomes due, and to provide and maintain a sinking fund adequate to pay the principal of its Bonds as such principal metures (but never less than 2% of the ouginal principal amount of the Bonds as a sinking fund each )car), and said tax shall bo based on the latest approved tax rolls of the Issuer, with full (r: allowance being made for tax dchnquenclei and the cost of tax collection. Said rate and amount of ad valorem taxis hereby lu%icd, and is bcrcby ordered to be icviod, against all taxable property in the Issuer for each year while any of the Bonds or interest thereon are outstanding and unpaid, and said I%% shall be assessed and collected cant such year and deposited to the credit of the aforesaid Interest and Sinking Fund, Sald ad valorem 18 r I i 'I tares sufficient to provide for the payment of the interest on and principal of the Bonds, as such interest conics due and such principal matures, are hereby pledged for such payment, within the limit prescribed by law. (b) APPROPRIATION. Them is hereby appropriated from surplus funds of the Issuer now on hand and lawfully available for such purpose, and shall be deposited into the Interest and Sinking Fund for the Bonds, the amount of money required to pay the principal and interest coming due on the Bonds on August 15, 1999. The money thus approprated and deposited shall be used for no purpose other than to pay said principal and interest on the Bonds. The appropriate officials of the Issuer are hereby authorised and dire; ted do any and all things necessary or convenient to accomplish said appropriation and deposit. Section 10, DEFEASANCE OF BONDS. (a) Any Bond and the interest thereon shall be deemed to be paid, retired, end no longer outstanding (a "Dcfeased Bond") within the meaning of this Ordinance, except to the extent provided in subsection (d) of this Section, when payment of the principal of such Bond, plus interest thereon to the due date (whether such due date be by reason of maturity, upon redemption, or otherwise) either (i) shall have been made or caused to be made in accordance with the terms thereof (including t1,c giving of any required nWee of redemption), or (ii) shall have boon provided for on or before such due date by irrevocably depositing with or making available to the Paying Agent/Registrar for such payment (1) lawful money of the United Stales ofAmerica sufficient to make such payment or (2) Government Obligations which mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money to provide for such payment, and when proper arrangements have been trade by the Issuer with the Paying Agent/Registrar for the payment of its services until all Messed Bonds shall have become due and payable At such time as a Bond shall be doomed to be a Defeased Bond hereunder, as I aforesaid, such Bond and the interest thereon shall no longer be secured by, payable from, or entitled to the benefits of, the ad valorem taxes herein levied and pledged as provided in this Ordinance, and such principal and interest shall be payable solely from such money or Government Obligations. (b) Any moneys so deposited with the Paying Agent'Registrar may at the written direction of the J Issuer also be invested in Government Obligations, maturing in the amounts and times as hereinbefore set forth, 1 and all income from such Government Obligations received by the Paying Agent/Reglstsar which is not , required for the payment of the Bonds and interest thereon, with respect to which such money has been so de- posited, shall be ruined over to the Issuer, or deposited as directed in writing by the Issuer. (c) The term "Oovernment Obligations" as w; In this Section shall mean direct obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed '.y the United States of America, which may be United States Treasury obligations such as its State and Local Go%cmmcnt Scrics, which may be in book-entry form, (d) Until all Meased Bonds shall havebccomeducAndpayable, the FayingAgimVRegittrar shall perform the services of Paying Agent/Registrar for such Defeaced Bonds its same as if they had riot been defeasod, and the Issuer shall make proper arrangements to provide and pay for such services as required by this Ordinance Section 11. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED BONDS, (a) r Rcplaccmcnt Bonds. In the event any outstanding Bond is damaged, mutilated, lost, stolen, or destroyed, the ! A , Paying Agcnt/Registrar shall cause to be printed, executed, and delivered, a new bond of the same principal (1 N amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or deed Bond, In replacement for such Bond in the manner hereinafter provided , II 19 c I (b) Application for Replacement Bonds. Application for replacement of damaged, mutilated, lost, stolen, or destroyed Bonds "I be :lade by the registered owner thereof to the Paying Agent/Registrar, In every case of loss, that, or destruction of a Bond, the registered owner applying for a replacement bond shall furnish to the Issuer and to the Paying Agent/Rcgistrar such security or indemnity as may be required by them to save each ofthem harmless from any loss or damage with respect thereto. Also, in every caw of loss, theft, or destruction of a Bond, the registered owner shall furnish to the Issuer and the Paying Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction of such Bond, as the case may be, In every case of damage or mutilation of a Bond, the registered owner shall surrender to the Paying Agent/Registrar for cancellation +he Bond so damaged or mutilated, t , No Default Occurred. Notwithstanding the foregoing provisions of this Section, in the event of any $,..h Bond shall have matured, and no default has occurred which is then continuing in the payment of the principal of, redemption premium, if any, or interest on the Bond, the Issuer may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Bond) instead of issuing a replacement Bond, provided security or indemnity is furnished as above provided in this Section, (d) Charge for Issuing Replacement Bond:. Prior to the issuance of any replacement bond, the Paying Agent/Registrar shall charge the registered owner of such Bond with all legal, printing, and other expenses in connection therewith, Every replacement bond issued pursuant to the provisions of this Section by virtue of the fact that any Bond is lost, stolen, or destroyed shall constitute a contractual obligation of the Issuer whether or not the lost, stolen, or destroyed Bond shall be fr.nd at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Ordinance cqu.lly and proportionately with any and all other Bondi duly issued under this Ordinance, (e) Aylbority for Issuing Replacement Bonds In accordance with Section 6 of Vernon's Ann. Tex. Civ St. Art. 717k-6, this Section l l of this Ordinanco shall constitute authority for the issuance of any such replacement bond a ithout necessity of further action by the governing body of the Issuer or any other body or person, and the duty of the replacement of such bonds is I:ercby authorized and imposed upon the Paying Agcnt/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such Bonds in the form and manner and with the eff ct, as provided in Section 6(d) of this Ordinance for Bonds issued in conversion and exchange for other Isonds. Section 12. COVENANTSREOARDINOTAX-EXEMPTION, The Issucreoventintsto refrain from taking any acti •n which a ould adversely affect, and to take any action required to ensure, the treatment of the Bonds as oblige ions dcscribod in section 103 of the Code, the interest on which Is not includable Lathe "gross income" of the holder for purposes of federal income taxation. In furtherance thereof, the Issuer covenants a follows (a) to take any action to assure that no more dram 10 percent of the proceeds of the Bonds (less amounts deposited to a reserve fund, if any) are used for any "private business use", as defured in section 141(bX6) of the Code or, if more than 10 percent of the proceeds are so used, that smtounts, whether or not received by the Issuer, with respo to such private business use, do net, under the tem of this Ordinance or any underlying arrangement, directly or indirectly, secure or provide for the r payment of more than 10 percent of the debt service on the Bonds, in contravention of Section t 14! (b)(2) of the Code, (b) to take any action to assure that in the event that the "private business use" described in subsection (a) hereof excoods S perctmt of the proceeds of the Bonds (Ins amoumU deposited into a reserve fund, if any) then the amount in excess of S percent is used for & 'private business use" which 20 r k is "related" and not "disproportionate", within the meaning of section 141(bx3) of the Code, to the governmental use; (c) to take any action to assure that no amount which is greater than the lesser of $3,000,000, or S percent of the proceeds of the Bonds (less amounts deposited into a resent fund, if any) is directly or indirectly used to f=nce loans to persons, other than state or local govermnental uniti, in contravention of Section 141(c) of the Code; (d) to refrain from taking any action which would otherwise result in the Bonds being treated as "private activity bonds" within the meaning of Section 141(b) of the Code, (e) to refrain from taking any action that would result in the Bonds being "federally guaranteed" within the meaning of Section 149(b) of the Code; (t) to refrain from using any portion of the proceeds of the Bonds, directly or indirecdy, to acquire or to replace funds which were used, directly or indirectly, to acquire investment property (as defined in Section 148(b)(2) of the Code) which produces a materially higher yield over the term of the Bonds, other than investment property acquired with - (1) proceeds of the Bends invested for a reasonable temporary period of 30 days or less until such proceeds are needed for the purpose for which the Bonds are issued, (2) amounts invested in a bow fide debt service fund, within the meaning of Section 1.148.1(b) of the Treasury Regulaticts, and (3) amounts deposited in any reasonably required reserve or replacement fund to the extent such amounts do not exceed 10 percent of the stated principal amount (or, in the ca:a of a discount, the issue price) of the proceeds of the Bends; (g) to othcnvisc restrict the use f the proceeds of the Bonds or amounts treated as proceeds of the Bonds, as may be necessary, so that the Bonds do not otherwise contravene the requirements of Section 148 of the Code (rclating to arbitrage) and, to the extent applicable, Section 149(d) of the Code (rclating to advance refundings); (h) to pay to the United States of America at least once during each five-year period (beginning on the date of dclivcry of the Bands) an amount that is at last equal to 90 percent of the "Excess Earnings", within the meaning of section 148(1) of the Code and to pay to the United States of America, not later that 60 days after the Bonds have been paid in full, 100 percent of the amount then required to bo paid as a resvIt of Excess Earnings under section 148(0 of the Code; and The Issuer understands that the term "proceeds" includes "disposition proceeds" u deftnod in the Treasury Regulations and, in the case of refunding fonds, transferred proceeds (if any) and proceeds of the refunded bonds expended prior to the date of issuance of the Bonds. It 0 the understanding of the Issuer that , the covenants corlinod herein are Intended to assure compliance with the Code and any regulations or rulings t promulgated by the U. S. Department of the Treasury pursuant thereto. In the event that regulations or rulings are hereafter promulgated which modify, or expand provisions of the Code, as applicable to the Bonds, the Issuer will nut be required to comply with any covenant contained herein to the extent that such modification or expansion, in the opinion of nationally-recognized bond counsel, will not adversely affect the exemption from federal income toxation of interest on the Bonds under Section 103 of the Code. In the event that regulations 21 t or rulings are hereafter promulgated which impose additional requirements which are applicable to the Bonds the Issuer agrees to comply with the additional requirements to the extent necessary, in the opinion of ationallyrecognizod bond counsel, to preserve the exemption from federal hicome taxation of interest on the Bonds urcicr Section 103 of the Code, In furtherance of such intention, the Issuer hereby authorizes and directs the Mayor Cf the Issuer to execute any documents, certificates or reports required by the Code and to make such elections, on behalf of the Issuer, which may be permitted by the Code as are consistent with the purpose for the issuance of the Bonds. In order to facilitate compliance with the above covenant (h), a "Rebate Fund" is hereby established by the Issuer for the sole benefit of the United States of America, and such Fund shall not be wbject to the claim of any other person, including without limitation the bondholder The Rebate Fund is established for the additional purpose of compliance with Section 148 of the Code. Sxtion 13. CUSTODY, APPROVAL, AND REGISTRATION OF BONDS; BOND COUNSEL'S OPINION, CUSIPNUMBERS, PREAMBLEANDINSURANCE , TheMayoroftheIssuer ishereby author- ized r, nave control of the Initial Bond issued hereunder and all necessary records and proceedings pertaining to d; Initial Bond pending its delivery and its investigation, examination, and approval by the Attorney General of the State of Texas, and its registration by the Complro' Icr of Public Accounts of the State of Texas. Upon registration of the Initial Bond said Comptroller of Publik Accounts (or a deputy designatod in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate on the Initial Bond, and the seal ofsaid Comptroller shall be impressed, or placed in facsimile, on the Initial Bond. The approving Icgal opinion of the tssuces Bond Counsel and the assigned CUSIP numbers may, at the option of the Issuer, be printed on the Initial Bond or on any Bonds issued and delivered in conversion of and exchange or replacement of any Bond, but neither shall have any legal effect, and stall be soMy for the convenience and information of the registered owners of the Bonds. The preamble to this Ordinance is hereby adopted and made apart hereof for all purposes if insurance is obtained on any of the Bonds, the Initial Bond and all other Bonds shall bear an appropriate legend concerning insurance as provided by the ins-,(cr. Section I4. DTC REGI STRATTON, Ill* Bonds initially shall be issued and delivered in such manner that no physical distribution of the Bonds will be made to the public, and the Depository Trust Company ("DTC"), New York, New York, initially will act as depository for the Bonds DTC has represented that it Is a limited purpose trust company incorporated under the Saws of the State of New York, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform CommercW Code, and a "clearing agency" registered under Section 17A c f the federal Securities Exchange Act of 1934, as amended, and the Issuer accepts, but in no way verifies, such representations The Initial Bond authorized by this Ordinance shall be delivered to and rcgistered in the name of the as representative of the Underwriten (the "Purchaser"). Hmvever, it is a condition of delivery and sale that the Purchaser, immediately after such detivcry, shalt cause the Paying Agcrvt/Registrar, as provided for in this Ordinance, to canal said Initial Bond and deliver in exchange therefor a substitute Bond for each maturity of such Initial Bond, with each such substitute Bond to be registered in the name of CEDE & CO., the nomince of DTC, and it shall bethe duty of the Paying Agent/Registrar to take such action, It is oxpccted that DTC will hold the Bonds on behalf of the Purchaser and/or th,r Direct Participants, as defined and described in the Official Statement referred to and approved in Section 14 hereof (the "DTC Participants" So long as each Bond is registered in the name of CEDE !t: CO, the Paying Agent/Registrar shall treat and deal with DTC in all respecu the same u if it were ! f the actual and beneficial owner thereof. It is expected that DTC will maintain a book entry system which will ✓ identify beneficial ownership of the Bonds by DTC Participants in integral amounts of SS,0W, with transfer ofownership being effected on the records of DTC and the DTC Participants pursuant to rules and regulations established by them, and that the substitute Bonds initially deposited with DTC eliall be immobilized and not 22 f V be further exchanged for substitute Bonds except as hereinafter provided. The Issuer is not r xponsible or liable for any functions of DTC, will not be responsible for paying any fees or charges with respect to its services, will not be responsible or liable for maintaining, supervising, or reviewing the records if DTC or the DTC Participants, or protecting any interests or t fights of the beneficial owners of the Bonds. It shall be the duty of the Purchaser and the DTC Participants to make all arrangements with DTC to establish Otis book- entry system, the beneficial ownership of tie Bonds, and the method of paying the fees and charges of DTC. The Issuer does not represent, nor does it in any way covenant that the initial book-entry system established with DTC will be maintained in the future. The Issuer reserves the right and option at any time in the future, in its sole discretion, to terminate the DTC (CEDE A: CO) .book-entryonly registration requirement described above, and to permit the Bonds to be registered in the name of any owner. 1f the Issuer exercises its right and option to terminate such requirement, it shall give written notice of such termination to the Paying Agent/Registrar and to DTC, and thereafter the Paying Agent/Registrar shall, upon presentation and proper request, register any Bond in any name as provided for in this Ordinance, Notwithstanding the initial establishment of the foregoing book-entry system with DTC, if for any reason any of the originally delivered substitute Bonds is duly filed with the Paying Agent/Registrar with proper request for transfer and substitution, as provided for in this Ordinance, substitute BW4 will be duly delivered as provided in this Ordinance, and there will be no assurance or representation that any bookcntryy system will be rn 4• ainod for such Bonds, f I Section 15, SALE OF INITIAL BONDS. The Initial Bond is hereby sold and shall be delivered to _ , as representative of the underwriters, in accordance with the Bond Purchase Agreement dated the date of this mating and presented to the City Council of the City at this meeting. The Mayor of the Issuer is authorized and directed to execute, on behalf of the Issuer, said Bond Purchase Agrccment in the form and substance submitted at this Medina Section 16, OFFICIAL STATEMENT, An Offcial Statement dated as of the date of this meeting has been prepared in connection with the sale of the Initial Bond and the Bonds, in the fors and substance submitted at this mating. Said Official Statement and any supplement or addenda thereto have been and are hereby approved, and their use in the offer and sale of the Bonds is hereby approved, it is further officially found, d6icnnined, and declared that the statements and representations contained in said Official Statement arc true and correct in all material respcds, to th.• best knowledge and belief of the Issuer. The distribution and use of the Preliminary Official Statement dated 1999, prior to the date hercof is hereby ratified and approved. Section 17, REFUNDING OF OUTSTANDING BONDS. That concurrently with the delivery of the Initial Bond the Issuer shall dcp,)sit an amount from the proceeds from the sale of the Initial Bond, with Chase Bank of Texas, National Association, as Escrow Agent, suffcicnt, together with other available amounts, to refund all of the Outstanding Bonds in accordance with Section 7A of Vemon's Ann. To%. Crv. St Article 117k, as amended The Issuer hereby authorizes the execution of the Escrow Agreement dated as of April 1, 1999 between the Escrow Agent and the Issuer. The Mayor of the Issuer Is authorized and directed to execute, on behalf of the lssuar, said Escrow Agreement in the form and substance presented to this meeting It is hereby found and determined that the refunding of the Outstanding Bonds is advisable and rwmary in order to restructure the debt service requirements and procedures of the luucr, arid that the debt service requirements on the Bonds will be less than those on the Outstanding Bonds, resulting in a reduction in the r amount of principal and interest which othcrvvise would be payable both on an actual and a present value basis 4 Section 19 . REDEMPTION OF OUTSTANDING BONDS. There is attached hereto as Exhibit A and made a pan hereof for all purposes a list and descnption of ceruin City of Denton General Obligation Bonds and Crq of Donlon Certificates of Obligation, and notice provisions relating thereto, which bonds ur hereby called for redemption, and shall be redeemed, prior to their schedulod maturities, on the date, at the ` 23 r place, and at the price, set forth therein; the Issuer shall cause the appropriate notices of such redemption to be gi wen in accordance with the requirements of the respective proceedings authorizing the issuance of such bonr s; and due provision shall be made by the Issuer in accordance with law for the payment of the redemption price of said bonds by the place of payment (paying agent) for such bonds. Section 19. REASONS FOR REFUNDING. The City Council of the Issuer deems it advisable to refund the Outstanding Bonds in order to achieve debt servim savings on its outstanding tax debt; with a gross debt service savings of approximately $ and a present value savings of S _ Section20, INSURANCE, The Issuer approves the insurance of the Bonds by and the payment of such premium and coiaplics with all of the terms of the insurance commitment, which are hereby adopted as part of the Ordinance Section 2l. FURTHER PROCEDURES. The Mayor of the Issuer, the City Secretary of the Issuer, and all other officers, employees, and agents of the Issuer, and each of them, shall be and the), are hereby expressly authorized, empowered, and directed fnxn time to time and at any time to do and perform all such acts and things and to execute, acknowledge, aril deliver in the name and under the corporate seal and onbehalf of the Issuer all such instruments, v!,ether or tat herein mentioned, as may be necessaryor desirable in order to carry out the terms and provisions of this Bond Ordinance, the Bonds, the sale of the Bonds, the Bond Purchase Agreement, the Escrcw Agreement and the Official Statement; and the Directorof Finance of the City shall cause the expenses of issuance of the Bonds to be paid from the proceeds of sale of the Initial Bond In case any officer whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signature shall rimnheless be valid and sufficient for all purposes the same as if such officer had remained in otflco until such delivery. Section 22. CONTINUING DISCLOSURE. (a) Annual Reports. (i) The Issuer shall provide annually to each NRMSIR and any SID, within six months after the end of each fiscal year ending in or after 1999, f nanc ial information end operating data with respect to the Issuer ofthe gene r:1 type included in the final Official Statement authorized by Section 16 of this Ordinance, being the information described in Exhibit B hereto, which Exhibit is attached to and incorporated in this Ordinance as if written word for word herein, Any financial statements to to be provided shall be (()prepared in accordance with the aaounting principles described t:-F.,rhibit B hereto, or such other accounting principles as the Issuer may be required to employ from time to time pursuant to slate law or regulation, and (2) audited, if the Issuer commissions an audit of such statements and the audit is completed within the period during which they must be provided, If the audit of such financial statements is not complete within such period, then the Issuer shall provide unaudited financial statements by the required time and will provide audited fir racial statements for the applicable fiscal year to each NRNISIR and any SID, when and if the audit report on such statements become available. (ii) If the Issuer changes its fiscal year, it will notify each NRMSIR and my SID of the e; tge (and of the date of the new fiscal )car end) prior to the next date by which the lisuer otherwise would a 'equired to provide financial Information and operating data pursuant to this Section The financial Inform.. i,rn and operating data to be provided pursuant to this Section may be set forth in fWI in one or more documents or may be included by specific reference to any document (including an official statement or other offering document, r if it is available from the N1SRB) that theretofore has been provided to each NRMSIR and any SID or filed with the SEC. (C'. (b) Material v it Noticci The Issuer shall notify any SID and either each NRMSIR or the MS", in a timely manner, of any of :he following events with respect to the if such event is material withlin the meaning of the federal securities laws, 24 i t 3 I. Principal and interest payment delinquencies; 2, Non-payment related defaults; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 3. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions or events affecting the tax-exempt status of the Bonds; r 7, Modifications to rights of holden of the Bonds; & Bond calls; i 5. Dcfcasanccs; 10. Release, substitution, or We of property securing repayment of thz Bonds; and It. Rating changes. The Issuer shall notifj any SID and either each NRM S IR or the MSRB, in it timely rnamer, of any failure by tlw Issue, to provide financial information or operating data to accordance with subsection (a) of this Section by the time required by such subsection. (c) _Limitations, Disclaimer and Amendments (i) The issuer shall be obligated to observe and perform the cevcnamts specified in this Section for so long as, but ordy for so long as, the Issuer remains an "obligated person" with respect to the Bonds within the meaning of the Rule, except that the Issuer in any event will give the notice required by Subsection (b) hcrcofof any Bond calls and defeasance that cause the Issuer to no longer be such an "obligated person". (ii) The provisions of this Stction are for the sole benefit of the registered owners and beneficial owners of the Bonds, and nothing in this Section, express or Implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person The Issuer undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that maybe relevant or material to a complete presentation of the Issu.,es financial results, condition, or prospects or hereby undertake to upe • to any information provided in accordance with this Section or otherwise, except as txpressly prcvided herein The Issuer does not make any representation or warranty eoncem+:.g such information or its usefulness to a decision to invest in or sell Bonds at any future date. (iii) UNDER NO CIRCUMSTANCES SHALL THE ISSUER, ITS OFFICERS, AGENTS AND r EMPLOYEES, BE LIABLE TO TILE REGISI'ERED OWNER OR BENEFICIAL OWNER OF ANY t BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE ISSUER, W'IFETHER NEGLIGENT OR W ITHUUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN TIIIS SECTION, dUT EVERY RIGI I T AND REMEDY OF ANY SUCH PERSON, IN CONTRACTOR TORT, FOR OR ON ACCOUNT 25 t c. E a OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. (iv) No default by the Issuer in observing of performing its obligations under this Section shall comprise a breach of or default under the Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties ofthe Issuer under federal and state securities laws. (v) The provisions of this Section may be amended by the Issuer from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change In law, or a change in the idv-+tity, nature, status, or type of operations of the Issuer, but only if (l) the provisions of this Section, as so amended, would have permitted an undomTiter to purchase or sell Bonds in the primary offering of the Bards in compliance with the Rule, tatting into account any amendments or interpretations of tho Rule since such offering as well as such changed circumstances and (e) either (a) the registered owners of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the outstanding Bonds consent to such amendment or (b) a person that is unaffiliated with the Issuer (such as nationally recognised bond counsel) determined that such amendment will not materially impair the interest of the registered owners and beneficial owners of the Bondi. If the Issuer so amends the provisions of this Section, it shall include with any amentdod Enwtcial Information or operating data next providod in accordance with subsection (a) of this Section an explanation, in nafrai ve form, of the reason for the amendment and of the impact of any change In the type of financial infermation or operating data so provided no Issuer may also amend or repeal the provisions of this continuing disclosure agreement if the SEC amends or repeals the applicable provision of the Rule or a court of f naljurisdiction enters judgment that I such provisions of the Rule ve invalid, but Doty if and to the extent that the provisions of this sentence would not proven' an underwriter from lawfully purchasing or seising Bonds in the primaryoffering of the Bonds. (d) Definitions. As used in this Section, the following terms have the meanings ascribed to such terms bdo%v , "NISRB" means the Municipal Socuritics Rulmwking Board "NRMSIR" means each person whom the SEC or its staff has determined to be a nationally recognited municipal securities information repository within the meaning of the Rule from time to time. "Rule" means SEC Rule ISc2.12, as amended from time to time. "SEC" means the United States Securities and Exchange Commission. "SID" means any person dcsignatod by the State of Texas or an authorised department, officer, or ! agency thereof as, and determined by the SEC or its staff to be, a state information depository within the } meaning of the Rule from time to time. Section 2) OPEN MEETINGS The City Council has found end determined that the mcetiag at which this Ordinance is considered is open to the public and that notice thereof was given in accordarkx with 4 the provisions of the Texas Opon Meetings, Law, Tex. Oovl. Code, Chapter 331, as amended Section24. EFFECTIVEDATE, This Ordinanocshall become effective lmnkdiatelyupon itspassage and approval 26 C to I PASSED AND APPROVED this the 6th day of April, 1999. i Jack Miller, Maya I ATTEST: Jennifer Walters, City Secretary By: APPROVED AS TO LEGAL FORM: Herbert L. Prouty, City Attorney By: J I i i i 1 27 , t ti. EXHIBIT A NOTICE F PRIOR REDEMPTION THE CITY OF DEN rON, TEXAS NOTICE IS HEREBY GIVEN that the City of Denton, Texas has called for redernptioo the outstanding Certificates or Bonds of the City described as follows: THE CITY OF DENTON (TEXAS) CERTIFICATES OF OBLIGATION, SERIES 1937, dated January 1, 1987, scheduled to mature an 10!y t, 2007, aggregating $25,000 in principal amount (and being all of the outstanding certificates of said Series scheduled to traature on and after July 1, 2007). Call date: July 1,1999; redeemable at a redemption price of par plus accrued'uiterest at the principal corporate offices of Chase Bank of Texas, National Association, Dallas, Texas, only upon presentation by the bearer thereof, plus all unmavrod interest coupons appertaining thereto. THECITYOF DENTON(T'EXAS)0ENERALOBLIGATION BONDS, SERIES 1987, dated April 1, 1987, scheduled to mature on July 1, 2006 through July 1, 2007, Inclusive, aggregating $350,000 in principal amount (and being all of the outstanding bonds of said Series scheduled to mature on and after July 1,2006). Call date: July 1,1999; redeemable at a redemption price ofpar plus accrued interest at the principal corporate offices of Chase Bank of Texas, National Association, Dallas, Texas, only upon presentation by the bearer thereof, plus all unmatured interest coupons appertaining thereto. If moneys sufficient for the payment of such redemption price arc held by or on behalf of the respective paying agent, the described Bonds shall became due and payable on the redemption dale specified, ud the interest thereon shall cease to aurue from and after the redemption date. In compliance with section 3406 of the Internal Revenue Code of 1996, payors making certain payments due on debt securities may be obtigated to deduct and wit4h41d 31 percent of such payment from the remittance to any payee who has failed to provide such payer with a valid taxpayer klentificatan nurr xr, To avoid the imposition of the withholding of sex, such payees should submit a taxpayer Identification number when surrendering the bonds for redemption. NOTICE IS FURTHER GIVEN that all Bonds should be submitted to the following address: Chase Bank of Texas, National Association 2200 Ross Avenue Sth Floor Dallas, Texas 75201 CHASE BANK OF TEXAS, NATIONAL ASSOCIATION ~ r l~ 28 t 1 t i. I 'a NOTICE OF PRIOR REDEMQ?[0[V THE CITY OF DENTON, T-,iXAS NOTICE IS HEREBY GIVEN that the City of Penton, Texas has called for redemption the outst-riding Cortifieaus or Bonds of the Ciy described as fV lows: THE CITY OF DENTON (TEXAS) CCATIF)CAfES OF OBLIGATION, SERIES 1942, dated March 1, 1992, scheduled to mature on July I, 2000 through July 1, 200?, inclusive, aggregating S3 75.000 in principal amount (and being all of the outstanding certificate t of said Ser c t scheduled to mature on and after July 1, 2000). Call date: July 1,1999; redeemable at a redemption price of par p1w a. rued interest at the principal corporate offices ofibe Bank ofNew York, Jacksonville, Florida, only upon preseni..'. i-vn by the bearer thereof, plus all unmatu rod interest coupons appertaining thereto. THE CITY OF DENfON (TEXAS) GENERAL OBLIGATION BONDS, SERIES 1992, dated March 1, 1992, scheduled to mature on July 1, 2002 through July J. 2012, inclusive, aggregating S 1,880,000 in principal amount (and being all of the outstanding bonds of said Series scheduled to nature on end after July 1, 2002). Call date: July 1, 2001; red-vtnable at a redemption price of par plus accrued interest at the principal owWratcoffices on1w Bank ofNewYork. Jacksonville, Florida, only upon presentation by the bearer thereof, plus all unmatured interest coupons appertaining thereto. THE CITY OF DENTON (TEXAS) GENERAL OBLIGATION BONDS, SERIES 1993, dated March 1, 1993, scheduled to mature on July 1, 2006 through July I, 2013, inclusive, aggregating $1,200,000 in principal amount (and being all of the outstanding bonds of said Series scheduled to mature on and after July 1, 2006), Call date: July 1, 2002; redeemable at a rodcmptiom price of par plus accrual interest at the principal corporate offices of The Bank orNew York, Jacksonville, Florida, only upon presentation by the bearer thereof, plus all unmatured interest coupons appertaining thereto. 1 If moneys sufficient for the payment of such redemption price are held by or on behalf of the respective paying agent, the d scribed Bonds shall bocome due and payable on the redemption date specified, and the interest thereon shall cease to accrue from and after the redemption date. In compliance with section 3406 of the lntersral Revenue Code of 1996, payers making certain payments due on debt securities may be obligated to deduct and withhold 31 percent of such pays, ~.xd from the remittance to any payee who has failed to provide such payor with a valid taxpayer identification number. To avoid the imposition of the withholding of tax, such payees should submit a tupayer identification number %bcn surrendering the bonds for redemption, r, NOTICE 1S FURTHER GIVEN that all Bonds should be submitted to the following address: The Bands of New York Trust Co. of Florida 10161 Centurion Parkway Jacksonville, Florida 32236 TEE BANK OF NEW YORK TRUST CO, OF FLORIDA 29 t 4 F Mt3tT s DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following infortnation is refer red to in Section 22 of this Ordnance: Annual Financial Statements and Operating Data The financial information and operating data with respect to the Issuer to be prodded annually in accordance with such Section are as specified (and included in the Appendix or under the tables of the Official Statemert referred to) below: Tables numbered I through Id, inclusive, under the capdons "Tar Information", "Debt Service Requirements" and "Financial Information" in the Official Statement. Appendix B Li the Official Statement. Accounting Principles The accounting principles referred to in such Section arc the accounting priwipha described in the notes to the financial statements referred to in the paragraph above t i { I i k . A~ , 30 r t Nets AGENDAINFOkMA 1ON SN lkf AGENDA DATt: April 6, 1999 DEPARTMENT: Finance dt Municipal Servicesdox ACM: Kathy Dubose, Assistant City Manager of Finance and Municipal Services SUBJECT: Consid approval o1'i tax refund to Dr. Roy Kindrick end Dr. )oha N. )feed of Denton Oril k MWhofacial for 0,027.49 due to a duplicate paymepl bn Eax account #032660, resulting in an overpayment. @ACKirZQ=d Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing tout for rethnds In excess of S500,00. br. KfMdck and Dr. Reed have requested ate" In the amount of ~ ,021.99 },ecause they paid the 1998 taxes twice. All completed forms necessary for r have been returned, and are attached. i FISCAL INFORMATION: The tax overpayment revenue fund would be reduced by 51,027.99. Respectfutly submitted: a z Director of 'fiscal Operations pleparV4 by, / . a(L At ~'arolene ols"s Revenue tax Analyst i r ff'\ S t ( t ious+RM . _ piulwl APPLICATION FOR TAX REFUND CMoaeq enwo name celeanp a. for ip u,.la) b pn rdmarq eddron rdaeeap 6y. VA" a ped Glow. Mo. zv ode Vltrd VIa ado rd nVribaQ 620.} 3Y~-Y3 P :Delliw --IX To apply for a let refund, IM tallpayer mud *"leis the folbwtnp. owwo Iwd Ship 1: 1 w-w's no" 4e-d agedkw ondaleoQ ' grid addfafla I ON. Worm m pad ells. NM, ZIP code Ptaq (cow code amnnaw9 Slop 2: Legal dow"On (or ouch copy of she lox bn at rax m*W: LoIril I ga rt ~N (Y- 1 Daaalba the prop" Addns a Ion/on or property: t AL-A3 rt f t1 C n Si i yO Aaoout mmtw d prapafy: Tax rooW nurnber: Oa 80'3 111) 6q a a IMqv Nand Year Mr Amami Ameunl SUP 3: Of Tax*V Unk From Which For Whkh Mind of Do 01 01 Tax Rahlnd W" Ilia till Nekad it % "led Is pagrw;ad Tam Paynio t ~ rI Tana pad 114"lod Went 1. Lll to . y y "I 19 - - $ . I t 031 • i Jt~3Z.i9 2, n to 10111 Ito 3..6._ S -.}.0xi..e? 51 i a InforrnNlon 19 to _ S : d. t$ - 1 4 - 11 S s. 1o to _ $ S Taapayela moon bus"lord ~droorA algpadnp aHnmr+laion): nV~ffl/1 MP►1~ :Y]i t~ `~!~?~C~~ 7 twol epptl Ito M resund of M above-dvscx bed lax" and ow* hat : v Merrmilon I have given on hit form is M and Slop 1: Colored k the trod of my *V*U pe and boW., tilpn tM salpn' p Z, Deus Gl appoakn w tax .nne 9 6tc :d Any per mokr o • Was entry upon to loroookq reoood sh aS be sublaal to e M of the lobwinq Penalties: 1. 1 deono" of reel once thus" 10 yawn nar Weston 1 yea" onNa a line e1 not m or$ thusn "Am of both Nth Ilse a-4 knprf ; 1. tontinen»nl In (all la a left up to 1 year er a Mlo not to a cooed $7,000 At both such One and Imprlsonmant 1a W. forth In Socilon 77.10. Penal Coda. Slop S: Ttds 1u refund la El ~ At pxeved f> uppron d TAX rotund dNerminelkxt AIgn do r~ n revsn0 ofter<ol or uidnp unl y bus nMd soon a e,1100 rear ~T here) 2 Cu 23083 DENTON ORAL AND MA)gLLOFACI bL S+!!•r~x SUR(IERY ASSOCIATES, P.C.} xo mlror~ elMrE PH xr ea,b . FIN cEr m roue 7621, DATE na=&'X 8, '98 1,027.99 Dd 99100's iffi PAY One thousand twentY-eevaa 1 DOLLAPS r TO City of Denton T& 0 flee Ties CKCK YDp Arm 1b DAYS THE P 0 Box 961083 ORCER Ft. Worth, TX 76161 083 OF 0D230aPs N.iti191b442rS 02 52La~ 9M ~Lwk ~'OOOOid2794~' cn 'r',. ' It q p '9 1'Y 11 t )F,p00bilS< tSOS9biil"n »~tttlMZ9S19 `7V 1 W SMf ebilr9 000ooo , c i i C 1. Ilk 1 REPORT TAKIOSDO 03/10/00 AT 20:41 O V E A P A Y M I N 7 1 PACE 14 ACCOUNT NO. AtCESPT NO. NAME ADDRESS AMOUNT STATUS OF PAYMENT 19173600000 98/08/10.0014 PULTL 040001 CORP T11 0l[CN0000 OR 0.01 UV99PAN 10113000000 01/00110.0071 PVLTE NONE CORP TEX BEA D DR 0.0ef OVER AY 10714 400000 1 104/10.0070 PUL}TL " Mw CORP YON 0000 PR O.Ok pr MPAM 107]]000000 90100,'10.008°1 iu Lie MOMF COIR1► Oi' 61am Olt 0.01 OV1%PAY 10437300000 96/05/16.0001 LLLIOTT, COLONES POCKRUS N be A 0.01 OVIAPAV 11030700000 90100/14.0004 OOLFOAD, ROBERT E NOTTINGHAM ON 0.01 OVERPAY 1 02910500000 90105/74-0077 CAMPUS SQUARE APARTMENTS LTD. PRY $T 708.74 OVERPAY 14176700000 06/06/16.0044 11A4CHIN01, *LINDA OAM A l p o 0.01 Mp~ M A 03646400000 C+/oe/30.Oa70 60NDU1119 W 00r P TOMN~p~ 460,0 Ov#ROA 03311600000 :49;000 O0.0011 MO916 46810 K j[) 24 S 0V R AT 10140600000 101.0016 EN L011AT6D L G011M or DENTOAt ♦ 0,1 DY11 R0AY 13343200000 01/09/02-0017 LE ID, MUNIN 4 IA E Hf 0.1 OVFRPIp 01,7,1 000i 01/06/07-0072 MOORS RICNIE 1 ELLISON PARK C 11.47 OVERPAY 3]4 6~1D.16]•0032 ~11N~6fgR ROY B ~100M N RccD OULODN 6400 IT 1,02].66 OVERPAY 04, 0 O OR !04104.00 ■ OU IN I UR AN [ ON NOFf f C 2 30 OVERPAY 01344100000 N/OE/04.0031 Olll r ! 644 /w6 M 51.46 OVUI AV 01114000000 00/04/09.0 01 NANO , DONALD r 0111 IR 16, 9 E 0AY 0]15to 000V 00104100.0102 SANID AL. r wNVA wA N ♦T T/.. 1 NY 04197700000 94/01 /OI.COOS LA 4111000 ESi NI►0 SAIL TIAIL/Y lr ! D. a OV ~~AY 14400000000 110/04106-0010 ACTION TV E APOLIA 1 IWYAL INC TV UNIVI (TY O Y,t4 .81 V ltAY 03569000000 911100/06.0013 BILLAINI N[SOHTS ASSN LTD MOCKING4IAD LN 0110 OVERPAY 61743300000 09104/05.0076 LANCE INC FORT NORTH Olt 104.17 OVERPAY 03283000000 01105/011.0031 GAY, BEULAH COOK INDUSTRIAL Sf 106.64 OVERPAY 07760600000 00106/00.0034 COOX JIrf 1141' a r PARXrAV 0T 142. 6 OYtRPAV 91674600000 04!06/06-9047 BANK IIASIW ASO0p0pplA110N 014704 t ` OY R lY 01442200000 0//06/0[•0444 4TAN00O'8 AUTO ♦ALIB B l M ! pV It 1'A }Q 01141100000 64108/06-0047 DAN[ SH RIEY 11 D` 6D 1 4 pY O ;AT 91170700000 BB/00100.0046 S[►A~ 4076 UCN { COi•6[~Bi OYE#OAY 1 911153900000 01/00100.0062 MOODY ICt CORP 774.03 OVER/AY 07924000000 66/OSIOA.4073 MCELAEAIH, 7111144 LINWOOD C' 333.25 OVERPAY 07870400000 01/06!06.0078 ANDERSON, WILLIAM MILLOMNOOU ST 0.01 OVIPRAY 03914400000 04106100 90" N10AA06A 0004 00 INC OF NICNORT •141 0,20 OV SPAT 00165400000 84/04/00.0042 TAMkMANR r~JpATOORS iA L It M"••. pOyyVO~~~O Y1 '12 91796000000 98/061010.00]4 1N11APA1lLESEOSINO C0 L.A. 011410NrC0 MAVYN4 196 64.3! OM/AY 91810100000 96104110-0036 1111 1100 1000 798 01,98 OVIAIAY t 77134700000 99!04/10-0044 JACKSON S11e0L7, LLD E MCNSNNNEY #3 30.44 OVERPAY 7 13716000000 04/04110.0040 NISSAN MOTOR ACCEPT COMP DIN70N TEXAS 408.47 OVERPAY 00074700000 98/04110.OO01 AYD[K TAWOK NINTAL 140.1447 JENIGAII(/NA "HIE AN ;A AV " I10T00000 18!00110-006`1 NiNSON, "OF F6 ``(4A 0 30 00000 BE10 4 /1 0 00 1 CHAIN Ertl 28 Y / 1 1 L }23yQY Y . 61 6973710800000 08/04/10.00/1 SAUNbt11S, S0 AVID ASI Y AO1 16,12 V A~AV 51039600000 00104/10.0070 SON XIE IN T►40 TEASLEY 0187 L 20.41 OVERPAY 5150210J000 95/04/10-0071 CM O, RICHARD t[Atl ip 0476 L 79,40 OYF RP A'. !1100°00000 96/0411 1041/041/1 10111 MINMAL IAAILEY ' N 93B I15 + 1.1i OV J;~Y ' 19877400000 /f104110.00I1 ANDERSON AL11M ON i I Y Mi1a ♦T 03623600000 08/00110•Doll IIOCND4l~, K NNITR A WWII! 1 { l+ AGENDA INFORMATION SHEET p nin-oh AGENDA DATE: April 6,1999 Questions concerning this acquisition may be directed DEPARTMENT: Purchasing to Jerry Clark 349-8390 ACM: Kathy DuBose, Fiscal and Municipal Services SUBJECT: AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER I TO THE CONTRACT FOR CONSTRUCTION OF THE KERLEY STREET WATERLINE BETWEEN THE CITY OF DENTON AND BOWLES CONSTRUCTION COMPANY, INC.; PROVIDING FOR A DECREASE IN THE SCOPE OF WORK AND A DECREASE IN THE PAYMENT AMOUNT; AND PROVIDING AN EFFECTIVE DATE {BID 2233 - KERLEY STREET WATERLINE AWARDED TO BOWLES CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $826,041 LESS CHANGE ORDER 1 IN THE AMOUNT OF 554,241.25). BACKGROUND: i Council approved a contract with Bowles Construction Company, Inc. for construction of a 20-inch waterline along Kcrley Street in the amount of 5826,041 on August 8, 1999 (Ordinance 991.217). The project was estimated to include 8,230 feet of 20-inch line and associated activities. RECOMMENPATION: We recommend change order I be approved to deduct $54,241.25 and the contract amount be revised to read $771,799.75, ESTIMATED SCHEDULE OF PROTECT: The changes in scope of work associated with this change order have no impact on the project schedule. The majority of the actions have been taken and are complete. PRIOR AC170/REVIEW (Council. Boardt. Cogmissjopsl • Contract awarded August 8, 1998 (Ordinance 98.217) s Change Order I approved by contractor on February 16, 1999 1 c c AGENDA INFORMATION SHEET" APRIL 6,1999 PAGE 2 OF 2 CHANGE ORDER INFORMATION: This change order is the result of a tabulation of actual work done by Bowles Construction in performance of the Kerley Stree waterline project. The major reductions involve the actual amount of 20-inch line put in place, the length of the 26-inch boring required, reduction in curb/gutter required, elimination of one manhole, and a reduction in rock excavation estimates. Respec tfully submitted: 0~~L- Tom Shaw, C.P.M,, 349.7100 Purchasing Agent Attachment 1: City of Denton Change Order l 1100 AGENDA I f ~ i 1 Mr r t''tr c 2 r c. 1 I i i I~ A.ITACB MT 1 CITY OF DENTON CHANGE ORDER M 1+ E j 2. Purchase7,2 No. 3. 0"Order No. 1. Nerve of Project 5. Project Pod No. 8, DaM tCerlev she Waterline 882.081 RB89 850 Con 2.9138 2111!99 7. Name and Addrees of Con ecbr Bowles strudfo n Company 1632 EuteWe DR Wk.1M4 Falls, Texas 76303 8, Description of Work Inducted In Cont»d Kerley Street Waserline Corabucbon 9. Charged ordered and mason ordered Changes to comhuctlon qwr L%e due b Reid condltlom 10. Contract Charges 84 Ism Or" Contract ReNSed No Es*rwW Url! Pike Eetkrala C lkYte meted Cost Ertl, Coq Pike A 20' Watertim 2.12-8 6230 LF 575.00 8124 LF $75.00 $817.250.00 $ 09,300.00 6. -fi Ductile Fittings 2.12.8 5160 LS 00 0 LB $2.00 $10,920.00 .00 C. 28 W 710 Cesing 2.12.9$ 238 Lf S6000 214 LF S50.0D 511,900.00 512,200.00 D.1' Water Sella 2.16-A -2 EA 50.00 -3 EA 5460.00 590000 51,350.00 E. Rem. Cone. C Z4 3.9 65 LF 5,00 180LF 5.00 25.00 $ 900 00 F. Rem. Conc.1MW 3-C 71 SY $10.00 38 SY 10.00 110.00 0D0 0. Sod 3.9 15 3Y Dom O SY 510.00 5150.00 50.00 H. 26' Doting 6.4 4671E 5135.00 245 LF 5135.00 563,015.00 533,075.00 1. class 'A' Cork. 7.4.5 15 CY 580.00 7 CY 580,00 1,200.00 .00 J. Cone. Manhole 7.6.A 1 Ell $2,000.00 1 EA 2,000.00 52,000,00 $0100 K. Cone. CAO 8.2-A 507 LF $11.00 180 LF 11.00 ,577.00 $1,980.00 L Conc. Dtiveway 8,3-A 56 SY $35.00 29 SY .00 1,980.00 1,013.00 M. 4' Sidewalk 83-8 13 SY $30.00 MY- 30.00 $390,00 40.00 N. Water Lowering 94 1EA $75000 0EA $750.00 750.00 $0100 0. Rock Excavation SP-10 50 CY $35.00 0 CY 533.90 51,750.00 $010 P. Exa. Protection 9P-31 8265 LF $0.50 8124 LF SO.bO 13150 ,082.00 0. Cut 8 Plug Water SP 46B 2 EA 500.00 b EA 500,00 $1,000.00 .00 R Asphatt Saw Cut SP43 6706 Lf $125 4393 LF 125 ,385400 35,49125 S. Casirg by Open cut Add. 0 LF 00 131 LF .DO 50.00 7,630.00 TOTAL $732,344.50 3878,10325 11, Originat Contred Pike $826,00,00 Increase In conW ptice New Contract Price 5771,799.75 Dem"s In antrael prke 4125 12. Contract Urns IncreaseWdecreasod by _,0_deys. Now contract Urns ,_70_ days. THE AFOREMENTIONED CHANGE, AND WORK AFFECTED THEREBY, b BIIBJECT TO ALL CONTRACT STURUI AT040 AND COVE 'Idw 13. SUBMiTTEO BYr Z~G / r A A rules Data t ' 14, ACCEPTED BY CITY ENGINEER ~§ii P; a 4C)8. tun 3 t i IS. ACCEP7EORYCONTRACTOFL•.,tsl~miL Ti" W~ Dole 16. ASSISTANT CITY MANAGER Mex. Dole 17. DIRECTOR OF UTILITIES: _sd- S~L -qq aexa Dab, CONDITIONS OF APPROVAL: 1S. PURCHASING/FINANCE; Slpnaturr als 19. COUNCIL APPROVAL (IF NEEDED) SIpM4xr Daa c t i r I E ORDINANCE N0. AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER I TO THE CONTRACT FOR CONSTRUCTION OF THE KERLEY STREET WATERLINE BETWEEN THE CITY OF DENTON AND BOWLES CONSTRUCTION COMPANY, INC.; PROVIDING FOR A DECREASE IN THE SCOPE OF WORK AND A DECREASE IN THE PAYMENT AMOUNT; AND PROVIDING AN EFFECTIVE DATE (BID 2233•KERLEY STREET WATERLINE AWARDED TO BOWLES CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $826,041 LESS CHANGE ORDER I IN THE AMOUNT OF $54,241.25). j WHEREAS, on August 8,1998, the City awarded a contract for Bowls Construction Company, Inc, in the amount of $826,041; and WHLREAS, the City Manager having recommended to the Council that a change order be authorized to amend such contract agreement with respect to the scope and price and said change order being in compliance with the requirements of Chapter 252 of the Local Government Code; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the change order decreasing the amount of the contract agreement between th-t City and Bowles Construction Company, Inc., copy of which is attached hereto, in the amount of FIFTY FOUR THOUSAND TWO HUNDRED FORTY ONE and 25/100 Dollars ($54,241.25), is hereby approved and the expenditure of funds there.or is hereby authorized. The master contract amount is amended to read $771,799.75, SECTION Il. That this ordinance shall become effective immediately upon its passage and approval. j PASSED AND APPROVED this the day of 11999. j li JACK MILLER, MAYOR ATTEST; JENNIFER WALTERS, CITY SECRETARY BY: hPPROVED AS TO LEGAL FORM: HEBERT L. PROUTY, CITY ATTORNEY / t (Ir t, ay: li BID 0233-KERLEY ST- court a(ARE DRDER.ORDrNANCE I 6 i c -L Ap* )Mm AGENDA INFORMATION SHEET Dt1M AGENDA DATEt April 6, 1999 Questions concerning this acquisition may be directed DEPARTMENTt Purchasing to Chief Chadwick 349-8101 ACM: Kathy DuBose, Fiscal and Municipal Services SUBJECT: AN ORDINANCE ACCEPTING COMPETITIVE SEALED PROPOSALS AND AWARDING A CONTRACT FOR OUTDOOR EMERGENCY WARNRJO SIRENS AND CONTROLLER SYSTEM; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND :'ROVIDINO AN EFFECTIVE DATE (RFSP 2338.OUTDOOR EMERGENCY WARNTNO SIRENS AND CONTROLLER SYSTEM AWARDED TO GIFFORD ELECTRIC, INC. IN THE AMOUNT OF $180,041,25). BACKGROUND: (See List of Respondents attached) RECOMMENDATION We recommend this contract be awarded to the lowest cost respondent meeting all requirements of the Request for Sealed troposal, Gifford Electric, Inc., in the amount of 5175,650, plus $4,391.23 for requited performance and payment bonding. Total award amount is $180,041.25. ESTIMATED SCHEDULE OF PROSECTi a Components an scheduled for shipment on May 24, 1999 Installation Is to be completed by August 15,1999 Final start-up and testing is scheduled to be on August 20,1999 ` FISCAL INFORMATION, The Council has approved the issuance of up to $230,000 in Certificates of Obligation to purchase this system in the 1998-99 fiscal year. BID INFORMATION: The award of this proposal provides ten outdoor emergency sirens as specified with 50-foot poles in strategically placed locations in the City of Denton for complete outdoor emergency warning t (l, coverage of the City. It also provides a central control station with a state-of-the-art controller. All hardware and software are Y2K compliant based on the specifications. Extra pars such u ! drivers, amplifiers, battery chargers, and electronic modules will also be provided. The total bid includes all compomns, parts, service, devices, electrical service, labor, permits, fees, freight, and any other items necessary for delivery, Installation, and proper operation of the system, Including training, bonding and insurance. 1 i s 0 I I AGENDA INFORMATION SHEET APRIL 6,1999 PAGE 2 OF 2 Respectfully submitted: Tom Shaw, C.P.M.,349.7100 Purchasing Agent Attachment 1: List of Respondents 12DI.AODMA w 2 i t . r . J. c ATTACHMENTI LIST OF RESPONDENTS TO RFSP 2338 GIFFORD ELECTRIC, INC. AMERICAN SIGNAL DII MARKETING} FEDERAL SIGNAL AMERICAN COMMUNICATIONS WHELEN I ti r' 3 l I I I i ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE REQUEST FOR SEALED PROPOSALS AND AWARDING A CONTRACT FOR OUTDOOR EMERGENCY WARNING SIRENS AND CONTROLLER SYSTEM; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFSP 2338 - OUTDOOR EMERGENCY WARNING SIRENS AND CONTROLLER SYSTEM AWARDED TO GIFFORD ELECTRIC, INC. IN THE AMOUNT OF S 180,041.2 S). WHEREAS, the City has solicited, and received competitive sealed proposals for the construct' in of public works or improvements in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that fit herein described proposals are the lowest respondent for the construction of the public works or improvements described in the proposal invitation, and plans and specifications therein; NOW, THEREFORE, 1 THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive sealed proposal for the construction of public works or improvements, 3s described In the "SeRled Proposal Invitations", or plans and specifications on file in the OlTco of d-e City's Purchasing Agent filed according to the proposal number assigned hereto, are hereby accepted and approved as being the lowest responsible proposals: I I RFSP XMBEg CONTRACTOR AMOUNT 1338 GIFFORD ELECTRIC, INC. $180,041,15 I SECTION It. That the acceptance and approval of the above competitive sealed proposal shall not constitute a contract between the City and the person submitting the proposal for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the proposal. i SECTION III, That the City Manager is he:vby authorized to execute all necessary written contracts for the perfortance of the construction of the public works or improvements in accordance with the proposals accepted and approved herein, provided that such contracts are made in e accordance with the Notice to Bidders and Request for Sealed Proposals, and documents relating ( t thereto specifying the teens, conditions, plans and specifications, standards, quantities and specified 4 c sums contained therein. SWrION IV. That upon acceptance and approval of the above competitive sealed proposals and the execution of contracts for the public works and improvements as authorized hereK the City Council hereby authorizes the expenditure of funds In the manner and in the amount as sp xifted in such approved proposals at.1 authorized contracts executed pursuant thereto. SECTION V. That this ordinance shall become efP ctive I nmediately upon ,+s passage and approval PASSED AND APPROVED this the day of ,1999 JACK MILLER, MAYOR 11iST IENNfIi R WALTERS, CITY SECRETARY BY: I APPROVED AS TO LEGAL FORM: , IIERBEkT L. PROUTY, CITY ATTORNEY BY: RFSP2338 - CONTRACTUAL ORDINANCE 5 c - t A~ -O AGENDA INFORMATION SHEET ApM~NMII DIM AGENDA DATE: April 6,1999 Questions c6nc M tg this DEPARTMENT: Purchasing acquisition may be directed g to Sharon Mays 349.8487 ACM.- Kathy DuBose, Fiscal and Municipal Services ] iz1 TMCTi ~N AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDNO A CONTRACT 1°011 SCANNINO, INDEXING AND CD-ROM PRODUCTION SERVICES; PROVIDING FOR THE EXPENDMURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2345 • SCANNING, INDEXING AND CD-ROM PRODUCTION SERVICES AWARDED TO ILM CORPORATION IN THE APPROXIMATE AMOUNT OF $42,397). DACKGROU The City of Denton has hired Reed Consulting Group to assist in the collection and transmittal of data concerning our electric generation and distribution facilities. This contract is intended to convert this data to an electronic format. (See Tabulation Sheet attached) I REC03iiS1ENDATION• We recommend this bid be awarded to the lowest bidder, JIM Corporation, in the estimated J amount of $42,397. (See Exhibit A attached to the ordinance for individual pricing) t ESTIAfATEb CCH 9F PROJECT! OJECT! I Following the award of the contract for services, we will send document batches to the contractor on a weekly basis for scanning. Data conversion is scheduled for completion during the third wettc in April 1999. FISCAL LYFOR►sATION• Funding for the data conversion service is available from a 1998-99 budget account (610.105- 1051.9300-8502, Electric UtilityAdministntion Special Services), HID INFORMATION : The service includes ei:atnging, scanning, and committing to CD-ROM various documents relating to the City of Denton'& electric generation and distribution facilities. Reed Consulting has been retained to assist In the eollectie- snd transmittal of the documents to the selected vendor, We estimate 51,600 single-sided documents would be scanned, bar-coded, Indexed and converted to a set of approximately eight to ten CD-ROM's. Included In the pricing is the reproduction cost of approximately 100 sets. 1 -.~rraaraaa~rr l I t f it i V AGENDA INFORMATION SHEET. APRIL 6,1999 PAGE 2 OF 2 Respectfully submitted: Tom Slww, C.PM., 349.7100 Purchasing Agent Attachment 1: Tabulation Sheet 119l.AGODA 1 C 2 i I I I i 4 Bid No. 1348, ScannMp, fndexlnq and CD ROM Production SwWM . Vendor Evaluation Image fiwK ILM Doscrlp0ort Unit Qty Unh Price Extended Unk Price ExMndod 61/2 x 11 Single Per MpNSlda 5000 S 0.06 $ 2,000.00 111 0.10 11 2,500.00 6112 x 11 Double Per ImagivSkle 22000 5 0.07 5 1,640,00 S 0.09 S 1,980,00 Logd Size Single Per Imsge/Sldo 1000 $ 0,50 If 500.00 $ 0.14 S 140.00 Legal Size Double Per ImagotSke 400 S 0.40 S 160.00 $ 0.12 ; 40,00 A Size Single Per Imege/Sfde 300 $ 0,06 $ 24.00 $ 0.17 $ 61.00 A Size Double Per Irnago/SIda 200 $ 007 S 14.00 S 0,16 $ 3000 B Size Single Per imsWide 300 $ 0.40 $ 120.00 5 0.25 S 75,00 1 1 B Size Double Per lmepNSkla 200 S 0.50 $ 1/10.00 $ 0.23 $ 4800 ! 1 Vopdor Manuals, A Size, Double Sided Per Imago/Side I < n $ 0,07 S 9800 S 0.10 S 266.00 Englneerinp Drawings, B•E Size, Color Per hnagelSkle 1 4 5.00 S 2,000.00 5 50.00 112,500.00 Englneerlnp Drawings, E Size, B&W Per Imog*Ml& 25 S S 2.60 5 626.00 Annual Reports Par lmage'Side 306 4.00 S 1,200.00 $ 4.50 $ 1,360,00 Documenl8arc4ding Pape 39W! 0.11 S 4,346.00 $ 0.10 $ 3,050.00 Documenllndexing Per Index Uldl 6160t1, 0.06 $ 311&).00 S 0.06 S 1,000.00 Document OCR Process Per Image 61600 $ S 0.01 S 616100 Document Prop Work Hour 100 $ 14.60 $ 1,450,60 ProgsrnNriwSotup One The 1 $13,00000 $13,000.00 $2,600.00 $ 2,600,00 Document RelraNei, Index Retrelval, Viewer I.WnVnp One Time 1 $110,00100 $10,000.00 $ $ COAOM ProductkNPressing Cost On@ Thw 1 $10,600.00 $10,500.00 5 $ Art Work Hour 3 S 5 60,00 $ 16000 CO Mestsring for 100 sets Per CO 6 S $ 790.00 $ 6,320.00 Additional Sets of COs per tot S 60.00 1 ..00 ✓ Total EvalwtodCM 5",761,00 $42,301,00 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR SCANNING, INDEXING AND CD-ROM PRODUCTION SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2345-SCANNING, INDEXING AND CD-ROM PRODUCTION SERVICES AWARDED TO ILM CORPORATION IN THE APPROXIMATE AMOUNT OF $42,397). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of tho public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOIJ~T 2345 IL51 CORPORATION EXHIBIT A SECTION 11. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and Insurance certificate after notification of the award of the bid. SECTION 111. That the City Manager Is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance r with the bids accepted and approved herein, provided that such contracts are made in accordance A with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, f "/9J conditions, plans and specifications, standards, quantities and specified sums contained therein. 4 SECTION IV. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public corks and Improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and In the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION V. That this ordinance shah become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of _,1999 JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEUAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY:_ 2343 - CONTRACTUAL ORDINANCE l lr ~ r, S 4 M(HIBIT A Bid No. 2345, Scanning, Indexing and CD-ROM Produtdon Servlc" . Vendor Evaluetlon Image 111E Deaorlptlon Unit Qty Unit Price Extended 8 112 x 11 Single Per Imege1Side 25000 S 0.10 $ 2,600.00 S 172 x i1 Double PerImage/Slde 22000 S 0.09 S 1,960.00 Legal Size Single Per Imeget3lde 1000 $ 0,14 $ 140.00 Legal Sae Double Per tmoge7Side 400 $ 0.12 $ 48.00 A Size Singte Per Image7S6e 340 $ 0.17 S 51.00 A Size Double Per ImagaiStde 200 $ 0,15 $ 30.00 B Size Single Per ImagelSide 300 $ 015 $ 75.00 B Sae Double Per Image/Side 200 $ 0.23 $ 48.00 Vendor Manuals, A Size, Double Sided Per Imape7side 1400 $ 0.19 S 288.00 I Engineering Drawings, B-E Size, Color Per lmagelSlde 260 S 60.00 $12.600.00 Engineering Drawings, E Sae, B&W Per ImagelSIda 250 $ 2.50 $ 626.00 Annul Reports Per ImopelSldo 303 $ 4.50 S 1,350.00 Document Borcoding Page 39500 $ 0.10 $ 3,950.00 Document Indexing Per Index field 61600 S 0.06 S 7,900.00 Document OCR Process Per Image 61600 $ 0.01 S 615.00 Document Prep Work Hour 100 S 14,50 $ 1,450.00 ProgamminglSetup One Time 1I $2,600.00 $ 2,600.00 I Document Retrelval, Index Retreival, Viewer Licensing One Time 1, $ • $ CD-ROM Production/Press Ing Coat One The t 5 $ AA Work Hour 3 $ 60.00 S 150.00 CO Mastering for 100 sets Per CO It S 790.00 S 8,320.00 a Additional Sets of CDs per set S 100.00 Total Evi!jated Cat 542,347.90 I r,A t(f~\ (b t Apt* ' 0 Apat* IMnt 13W - AGENDA INFOILMATION SHEET AGENDA DATES Ap616,1999 Questions concerning this acquisition may be directed DEPARTMENTt Purchasing to Sharon Mays 349.8487 ACM: Ksthy ~)uBose, Fiscai and Municipal Services 01 SUDJECTi AN ORDINANCF OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PAYMENTS BY THE CITY OF DENTON FOR ELECTRICAL ENERGY TRANSMISSION FEES TO THOSE LISTED CITIES AND UTILITIES PROVIDING ENERGY TRANSMISSION SERVICES TO THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDERS 94092 TO CITY PUBLIC SERVICES OF SAN ANTONIO, 94094 TO CENTRAL POWER & LIGHT CO., 94096 TO TEXAS UTILITIES, TRANSMISSION DIVISION, AND 93593 TO HOUSTON LIGHTING & POWER IN THE TOTAL AMOUNT OF $1,268,822.25). I BACKGROUND, The purchase orders are for p,,i)vcnt of a fee Imposed by the Public Utility Commission of Texas (PUCT) for planned transmission services of energy delivered to the City of Dcnton, The Public Utility Regulatory Act of 1993 (PURA 95) required the development of a new, statewide mechanism for electric transmission service in Texas. PURA 93 also placed municipal utilities under the jurisdiction of PUCT for matters related to transmission. As a result, the Denton Municipal Electric Utility has been ordered by the PUCT to pay various other electric utilities In the State specific amounts, The subject purchase orders provide the City of Denton the authority required by the City Charter to make those payments. These purchase orders will encumber funds estimated as costs for services through September 30, 1999. No funds will actually be spent until Invoices are received, re view ed, and approved. i F1SCAL INFQAh ATION: Funds to meet these regulatory fee obligations were budgeted In a 1998-99 budget account (610-132-1032-f6504587). The rate remains unchanged from 1997-98 figures. , ` r, y 1 i r1 ♦1 1 I II AGENDA INFn;cMATION SHEET APRIL 6,1999 PAGE 2 OF 2 SID INFORMATIOM The four purchase orders reflect the cost of transmission of electrical energy from the generation source to the Denton Municipal Electric distribution system. Respectfully submitted: t: z Tom Show, C.P.M., 349.7100 Purchasing Agent Attachrr ant 1: Purchase Order :14492 • City Public Service of San Antonio S $3,811.00 Purchase Order 94494 • Central Power & Light Co. $126,674.25 Purchase Order 94096 • Texas Utilities, Transmission Div, $697,397.25 E Purchase Order 93595 • Houston Lighting & Power S390,939.7S 1196.AOENDA I r 4(Ir~ 2 c i .Jl r c. PURCHASE ORDER 40. 94092 f~ THIS Is XXX CAM This nwnbsr must apps r an sn 1••~• CONFIRMING Invoices, dsnv.ry s11pt, ou 1w MARi tins, bersspacking slips lid bins, 00 NOT DUPLICATE Raq. Na 8W Na ONt 03 19 99 PW NO. O1 CITY XAS "CHASmo OiviM I Dot a ~x~i S i~NT rTEDeWO nXAS 76201-4004 0401349.1100 DIFW 114eTR0 817/217.0042 FAX 0401349-7302 r VENDOR CITY PUBLIC BERVICIR visit "City Of nwton's Wsbsne m § k .cltycfdsnlon.oom NAME/ SAN ANTONIO DELIVERY CON►IRKhTION ONLY 010 ADDRESS P.O. BOX 1771 ADDRESS UTILITY ADNIcATRATION SAN ANTONIO TX 78296 21S E NCNIXNnf ST DENTON TX 76201 VENDOR NO. CIT49050 DELIWAY OUOTEO 09 30 99 FOB 018TINATION IUYEA TO TERMS 001 51811.000 11 VENDOR CAT. 1 N / A K/0 NANN 16000 !30811.00 CITY 1 8500 1999 WHOLESALE TRAN8NISSIONI JANUARY 1999 - BEPTnMB1R 1999 w ~ P1101 TOTAL 1 530811.00 OR ND TOTAL t 530811400 t, Ol 610 132 1032 5650 8507 53,011.00 YEHfIOM ItISisUtTlpN! Tarmt - Not 10 s No .0«.ws y4.WSl 1. Sand srIjkW Mies volt 60lsau N~j.}I 4. ship 1011 IntitrCllahS: 1:41. D111ir Gsn / kws..n«rn, 4,«od1 1 1,11 is A££4sMll Al, Fs + I 1. No 1"No sr dull sell uc SW M Y 111 L 1'Ic ItHen In prices bnlal C rsa on I n.... rr ~0+ r . I ' C (I I I w, PURCHASE ORDER NO: 94094 TASIS A XXx This number twist eppesr on sit CONFIRMINO ORDER Invoices, detivery slips, omits, OF MARKED] erne, boxes, pscliN stips end bills. DO NOT DUPLICATE Rey Nov Old Na ur.. 01 18 99 Pot Na 01 I~tnlCHAINO tXVISIoN1 2001 0 D O-0 STRIET 1TEDENTTOR TEXAS 78201-4354 040/349-7100 CtFW METRO 8171267-0042 FAX 0401340-7302 VENDOR C"boIRAL POWER i LIGAT CO. VISk the City of Centon'S Websile et www,oltyofdentoncom NAME/ ATTNs COWS TREASURER DELIVERY CONIIRNATION ONLY Cis ADDRESS P 0 BOX 21928 ADDRESS UTILITY ADMINISTRATION TULSA OK 74121-1928 215 B MCKINNEY ST DENTON TX 76201 VENDOR NO. CER53015 DELIVERY OUOTEO 09 30 99 FOS DESTINATION BUYER T8 TERMS 001 126674.290 011 VENDOR CAT. 1 N / A MF'0 NAME 14000 126#674.25 CITY 1 8500 1999 WNOLEBALS TRANSMISSION) JANUARY 99 - BEPTENBSR 99. A ~ P OE TOTAL 1 1261674.25 j GRIND TOTAL t 126674.28 { 4 01 610 132 1032 5650 5587 126#674.25 1 AUyil ~y . VENDOR NiS 1 TTerm~s - Not Ill W«l 01«01]] a«n.rl eau NlaK ~ /r~INe~i Iqy. 4. ~y lM Inu#seosnc It& dmilieniM M 1, sere bra-E- IneAr n 1 1 1 BIR a - um / M b. fN leNIII w stns ahs t,s sw k L cN ylL M Frkts blMel ec m im v s MANION x 7R yf•1)se t- c; I r w PURCHASE: ORDFH NO: 94094 THIS IS A xxx TNf number mutt appfr an ffl COfiIAMINO OILER Irn01a4 dallVSry fl s. ease (IF MARKED) stns., lioxw, paeslnp sups rA bins. DO NOT DUPLICATE Rea Na Bid No: Ost« 03 19 99 Paps Na 01 "CHUNG OVlSlON 100O1 8 TEXAS sTRECI I~DE.NTTOR TEXAS 76201-4314 810)349-7100 DIFW AAETRO 617/267-0012 FAX 01011349-7302 VENOM TU TRANSMISSION DIVISION Visit tM City of Demon's Wsbsils at www0yolderilmeom NAME/ DELIVERY CONFIRMATION ONLY CIO ADDAFSS PO BOX 910202 ADDRESS UTILITY ADNIMEBTRATION DALLAS TX 753910202 215 E MCKIMMSE ST DENTON TX 16201 VENDOR NO. TEX95603 DELkAV QUOTED 09 30 99 FOB DESTINATION 11114A TB TERMS 001 691397.750 /I VENDOR CAT. I N / A XFO NAME 10000 6971,397.25 CITY 10500 r 1994 WHOLESALE TRANSMIBBIONI JANUARY 1999 - SEPTEMBER 1999 i u w I i P011 TOTAL 1 697,397.25 0 011 TOTAL I 697,797.25 O1 610 132 1032 5650 8587 6971,397.95 VENOM IfaSfA10111 yIL form • Nei Ip s+e.n.d0w. 1abAl I, I, led ortim leveler with;lital4 1. Ib' tM hstruenset 1.0.6 M1 ~s psoW sw..d.....n.l.At ;if I, Bill a At 111 1. uuatl Nc P ~Ic E. Ns ffkrd a fists Wit u 1,c t ~ i y9 M pull broad aC tM xl +stxt n.nins TY l1,7ALAl11A li i e Li I i PURCHASE ORDER NO: 93595 THIS IS A XXX This number must ppe r an all CONFIRMING OPIOER Involcaa, delivery slips. CMOs, OF MARKED! ctna., bases, pocklnp atlpl end bills DO NOT DUPLICATE Ha6 Na Bid Nix Dote 03 19 99 P*o No. 01 "CHASING DMSONN90 OF DAN STREP I DENT~8 XAS 76701-4354 9401349.7100 OIfW %*M 817/287-0042 FAX 9401349-7302 VENDOR HOUSTON LIGHTING 1 POWER Visit this City of Oenton'o Webeite at www.al"Idemloncom NAME/ P.O. BOX 1700 DELIVERY CONFIRMATION ONLY C18 ADDRESS ADDRESS UTILITY ADMINISTRATION HOUSTON TX 77251 215 B NCXIMMIY BT DIITOM TX 16301 STEVE 8088 VENOM hO. HOU49000 DELIVERY Oumn 09 30 99 FOS DESTINATION KM 78 TERMS 001 390939.750 till VENDOR CAT. S M / A MPG NAME 16000 3900939.15 + cITY i 8!00 r 1999 WHOLESALE TRAN8NI8810M1 JANUARY 1999 - BIPTENSIR 1999 ti a• A P OE TOTAL 1 3900939.76 OR ID TOTAL 1 3900939.16 i 01 610 132 1032 5690 8697 390r93.~.75 YEHDbR iN1TAllE?IONS I. trml Met f0 au..r re..+o fr..d.rt t. bend arl MI Mwlcf wl lre~. 1. SAiPpI NOnuetlel~ f.0.1. Qa11NNIM ProNil I~,x .+0«..,~ rxAnrl L fill to a Ac at4til Pd No IeMhrA of lute Id, • ,01 00 N belludl h PrIcks blood C v e on 116 f, c Vim MnMn to 10 t. M ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PAYMENTS BY THE CITY OF DENTON FOR ELECTRICAL ENERGY TRANSMISSION FEES TO THOSE LISTED CITIES AND UTILITIES PROVIDING ENERGY TRANSMISSION SERVICES TO THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDERS 94092 TO CITY PUBLIC SERVICES OF SAN ANTONIO, 94094 TO CENTRAL POWER & LIGHT CO., 94496 TO TEXAS UTILITIES, TRANSMISSION DIVISION, AND 93595 TO HOUSTON LIGHTING & POWER IN THE TOTAL AMOUNT OF $1,268,822.25) 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 Denton is required to pay such fees imposed by the Public Utilities Commission of Texas to the three listed utilities set forth in Exhibit "A": and WHEREAS, the City Manager has reviewed and recommended that the City Council approve and authorize the payment of such fees; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DE.NTON HEREBY ORDAINS: I SECTION I. That the expenditure of funds in the amount of $1,269,822,25 to be paid to the Listed Utilities in the specified amount shown on Exhibit "A", which is attached to and made a part of this ordinance for all purposes is hereby authorized. f SECTION 11. That this ordinance shall become effective Immediately upon its 1 passage and approval. i PASSED AND APPROVED this the day of 11999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: t' HERBERT L. PROUTY, CITY ATTORNEY ! Or \ BY: RE ORDNANCE-PC 97l9S,9409r,9409~,91096, i - , M `U f EXHIBIT "A" Purchase Order 94092 - City of Public Service of San Antonio $53,811.00 Purchase Order 94094 - Central Power & Light Co. $123,674.25 Purchase Order 94096 - Texas Utilities, Transmission $697,397.25 Division Purchase Order 93595 - Houston Lighting & Power $390,939.75 k 1 4 f d i. AGENDA INFORMATION SHEET D~ AGENDA DATEi April 6,1999 Questions concerning this acquisition maybe directed DEPARTM£NTi Purchasing to Cory Tower 349.8424 ACM: Kathy DuBose, Fiscal and Municipal Services ~p SUD,)ECTi N AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR TIIE PURCHASE OF REFUSE TRUCKS; PROVIDING FOR THE EXPENDITURE OF FUNDS THER3FOR; AND PROVIDING AN EFFECTIVE DATE (SID 2321 - REFUSE TRUCKS AWARDED AS LISTED BELOW IN THE TOTAL AMOUNT OF $434,178,97), BACKGROUND: (See attached Tabulation Sheet) RECOMMENDATION: We recommend this bid be awarded to the lowest bidder meeting specifications for each truck as listed below: i ITEM TY DESCRIPTION SUPPLIER COST - . I 1 Front Load Dallas Mack S138 031.31 2 1 Rear Load Lor r Truck $ 87 438.00 3 1 Roll-Off Conversion Dr ,Mack S10S962.60 4 1 RolI-Off Cab Over Lone Star Truck S102,727.00 Total $434,178,97 ESTIMATED SCHEDULE OF PRO]ECTi The quoted delivery for the ehicles is estimated to be 150.180 days from receipt of purchase order or approximaccly September 1999. FISCAL I.NFOHMLXJ * Funds for this equipment will come from Motor Pool Vehicle Replacement funds in the amount of $410,000. The additional $24,178.97 will be taken from 1998.99 Solid Waste budget funds. BID INFORMATION: This bid is for the replacement of four major pieces of Solid Waste collection equipment. The replacement of these vehicles was approved during the 1998.99 budget development process. The front load truck and the two roll-off trucks are for the Commercial Solid Waste Division. The one A' . r, rear load is designed for residential pickup. The old units will be reassigned to a backup status or sold at public auction, Lone Star Truck Bid (IC) has offered a lower price on bid item 3 and Bruckner Mack has offered a lower prise on bid item 4. The body they bid fails to meet our specification for the required subframe structure. I 1 I c U t u AGENDA INFORMATION SHEET APRIL 6,1999 PAGE 2 OF 2 Respectfully submitted: Tom Shaw, C.P.M,, 349-7100 Purchasing Agent f Attachment 1: Tabulation Sheet 1201.ACWDA I .14 2 t ' I Attachment 1 TABULATION SHEET BID 0 2321 BID NAME REFUSE TRUCKS • FRONT LOAD, REAR LOAD, ROLL-OFF CONVETIONAL, ROLL-OFF CAB DATE: 11•Feb•99 0 ERqr S EF 8 B Y 1 DALLAS MACK $138,031.37 MACK EZ PAK 2 LONE STAR TR C< 1A $142,12600 VOLVO EZ PAK 3 RDO TRUCK CENTER 6148022,00 VOLVO MCNEILUS 4 DALLASPETERBILI 0 148025.00 PETERBILT MCNEILUS 6 LONE STAR TRUCK 1C 314e 817,00 VOLVO LEACH 6 LONE STAR TRUCK (181 $149,389.00 VOLVO PAK MOR 7 LONE STARTRUCK 10 5149177.00 VOLVO HEIL 5 ROO TRUCK CENTER B 150651.00 VOLVO L IOH 9 DALLAS PETERBILT C $153,347.00 PETERBILT 320 LEACH 10 DALLAS PETERBILT 153659.00 PETERBILT 320 PAKMOR 11 DALLAS PETERBILT 0) S 154047.00 PETE WILT 320 HEIL BID 0 2321 BID NAME REFUSE TRUCKS • FRONT LOAD, REAR LOAD, ROLL-OFF CONVETIONAL, ROLL-OFF CAB DATE: 11-Feb-96 IT EM 2 ~pg, UCK 2lI VDIU UG b ORDER VENDOR ' Ott ICE ;t . K C S BO Y 1 LONE STARTRUCK 1B $87456.00 GMC PAKMOR 2 LO NE STAR TRUCK LIDI $57608.00 GMC EIL 3 LONE STAR TRUCK 1 C 687 723.00 GMC LEACH 4 ROO TRUCK CENTER $90.62600 GMC MCNEILUS 5 LONE STAR TRUCK 1A $91044.00 GMC EZ PAK 6 SOUTHWEST INTL, $21,225Z INTL. PAKMOR 7 RDO TRUCK CENTER B $92021.00 GMC LEACH 8 DALLAS PETERBILT C 92492.00 PETERBILT MCNEILUS ! 9 DALLAS PETERBILT (A) 393611.00 PETERBILT PAK M OR 10 DALLASPETERb1LT B $93767.00 PETERBILT NEIL ` 1 I METRO FORD A $94,005.00 STERLING LT 8500 PAK MOR 12 METRO FOND B $95,143.00 STERLING L 6 NEIL 13 METRO FORD (C) $0.280.00 TERLINO LT 6500 LEACH 3 c i. TABULATION SHEET t BID A 2321 BID NAME REFUSE TRUCKS • FRONT LOAD, REAR LOAD, ROLL-OFF CONVETIONAL, ROLL-OFF CAB DATE: 11-Feb-00 man t"AI C 0 R r;L WME won DALLAS MACK $105,962.60 MACK GALBREATH 2 LONE STAR TRUCK 1A $11130300 VOLVO MCCLAIN 3 7 LO NE STAR TRUCK 1B 5112745.00 VOLVO ACCURATE 4 DALVSPETERBILT B 115208.00 PETERBILT ACCURATE 8 ROO'TRUCK CENTER $11596500 VOLVO MCNEILUS 8 DALLAS PETERBILT C _1111-61300 PETERSILT MCNEILUS LONE! TAR TRUCK 1C $103,354.00 VOLVO 0 6 H DALLAS PETERBILT A 111642.00 PETERBILT 0 6 H • • The 0 6 H body tall, to meet our speclflcallons, In that It does rat have the required subliramo structure BIQ N 2321 BID NAME REFUSE TRUCKS • FRONT LOAD, REAR LOAD, ROLL-OFF CONVETIONAL, ROLL-OFF CAS DATE: 11•Feb•90 rrl:~r; R~aUe I NUM ROCr.~ xr R-~ -use SODYIW. ORDER' - • r„ , N ,a . SSE: !U E?4,s C C .7-a 1 1 LONE STAR TRUCK 1A $102,721,00 VOLVO MOCLAIN 2 LONE STAR TRUCK 1B $104010,00 VOLVO AOCURITE 3 ROOTRUCK CENTER 105315.00 VOLVO MCNEILUS 4 DALLAS MACK 5106731.15 MACK GALBREATH 6 METROFORO B 106098.00 STERLING IGSW GALE EATH 6 METRO FORO 109128.00 STERLING LT 0500 ACCURATE SOUTWESI INTL, $105260.00 INTL G&H LONE STAR TRUCK 1C 5103151.00 VOLVO G S H BRUCKNER MACK 599 34537 MACK 0 6 H The 0 6 H body falls to meet our specs ir0wo, In that It doe; not have the required sublrome sWcture f r Il ORDINANCE N0. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF REFUSE TRUCKS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2321 - REFUSE TRUCKS AWARDED AS LISTED BELOW IN THE TOTAL AMOUNT OF S434,178.94 WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids for materials, I equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBE$ IQ- VENDOR AMOUNT 2321 1,3 DALLAS MACK $243,993.97 2321 2,4 LONESTARTRUCK 5190,185.00 SECTION H. 'chat 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 11 , 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 repr.sentative is hereby A authorized to execute the written contract which shall be attached hereto; provided that the written / 1: contract is in accordance with the terms, conditions, specifications, standards, quantities and i specified sums contained in the Uid Proposal and related documents herein approved and accepted. S C, M i a t SECTION Y. That by tha acceptance and approval of the above numbered items of the submitted yids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of ,1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 2721 SUPPLY, ORDINANCE, ti 4 t3 t c: r AW6 INlll AGENDA INFORMATION SHEET DMI AGENDA DATE: April 6,1999 Questions conceming this acquisition may be directed DEPARTMENT: Purchasing to Sharon Mays 349.8487 ACM: Kathy DuBose, Fiscal and Municipal SeMces S JBJECT.i AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF A HARDWARE AND SOFTWARE UPGRADE FOR Y2K COMPLIANCE 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 92698 - PROCESS ANALYSTS, INC,, CIRRUS SOFTWARE AGREEMENT, IN THE AMOUNT OF 546,300). BACKGROUND: The current continuous emissions monitoring system was installed in late 1994. At that time, Texas Municipal Power Agency (TMPA) members purchased the same system through an Interlocal Cooperative Purchasing Agreement from KVB/Anaiect KVB/Analect, using the Process Analysts, Inc, platform for the data acquisition system, installed the system at the various sites, Much of the 1993-94 technology used in the software is outdated and not Y2K compliant, } RFCOMMENDATION: We recommend Purchase Order 92698 to Process Analysts, Inc„ and the attached Cirrus softw:ve contract be approved in fw amount of $46,300. ESTIMATED SCHEDULE f►k r ~kOJFCTi , The installation of the Y21K compliant upgrade is scheduled 16 wecks after receipt of a purchase order or approximately August 1, 1999. PRIQR ACTtO~JIREVIEW (Council. Boards. Comadislousk The Public Utility Board reviewed and recommended approval of this acquisition January 1), 1999. The City of Denton Legal staff reviewed and approved as to Legal form on February 26, 1999. FISCINFORMATION, Funds for this project are available in a 1998.99 budget account (610.101.1011.5140.8339). We ` l 1 c will coordinate with Garland and Greenville on installation and training in an attempt to reduce travel cost and better utilize the techniclans' time, 1 I l ill li AGENDA INFORMATION SHEET APRIL 6,1999 PAGE 2 OF 2 This purchase order is for sole source acquisition of software and installation services to upgrade the emission monitoring devices at the Spencer Generating Station. These upgrades are to accomplish Y2K compliance and satisfy mandates for the EPA. Coordination efforts with Garland and Greenville will allow for possible savings in installation, training, cost, and sharing of spare parts. Respectfull~j submitted: 5 Cao.-- Tom Shaw,C.PM., 349.7100 Purchasing Agent Attachment I. Purchase Order 92698 to Process Analysts, Inc. Attachment 2: Proposal from Process Analysts, Inc, I b1.A0FNDA 1 ti 1 J\ . I I t i PURCHASE ORDER NO: 92698 THIS IS A RT DF.OER This number must appear on 01 V M CO MARKEDI invokes, delivery slips, tats, DO N(lFOT DUPLICATE ctns, boxes, peeking saps end bins. I ReC, Na Bid Na ate: 01 19 99 Pape Na 01 1 CITY OF DENTON TEXAS PURCHASING DIVISION 1 901-8 TEXAS STREET 1 DENTON. TEXAS 7820t-4354 9401349-7100 D/FW IAETRO 817/287-0042 FAX 9401349-7302 :MOOR PROCESS ANALYSTS, INC. 4ME1 555 ZANG ST, SUITE 200 DELIVERY ELECTRIC PRODUCTION 805 ]DRESS ADDRESS LAKEWOOD CO 60228-1012 1701 A SPENCER RD. DENTON, TX 76205 JAMES BEATTIE VENDOR NO, PRO10001 DELIVERY OUOTEO 02 02 99 FOB DESTINATION BUYER TS TERMS MOM Ye VENDOR CAT. 1 N / A MFG NAME 1.000 36,500.00 CITY 1 8300 DAS SOFTWARE UPGRADE VENDOR CAT. t N / A MFO NAME 1.000 3s300.OD CITY 1 8300 1 DAB HARDWARE UPGRADE } 103 I'i00.000 SS VENDOR CAT. 1 N / A MFO NAME 14000 10500.00 CITY 1 8100 UPOAADE SUPPORT FROM STANDARD TO PRIORITY (11CAR) )04 3000.000 66 VENDOR CAT. 1 N / A MFG MAKE 1.000 30000,00 CITY 1 8300 UPGRADE TO EDR 2.1-PAYABLE AFTER FIRST EDR 2.1 PREPARED c ACCEPTED BY EPA P OE TOTAL. t 44000.00 w , )RNODA INSTRUCTIONS /upfiule 1, all nflioa I It inp d of tieeC F loo off '1 W..f .M...m 'PM 0441 r. SeM rlpinll in+eite wiM apy.~ Snipvp . Mil IC ' ACSeYnll Feytlil r aTermo - Not msV 3/ u.an No }e/ersl of Itete olies 0s. I o 4, Mall H ktc / !IS C }APotabl we Mg vie on In price) fillet I nemon TR 11201.4791 G u 1 PURCHASE ORDER N0: 92698 THIS IS This number must eppeer on all DONFYRMR ORDER invaiese, derrvirv slips, uus, {IF MARKED) ctns., Ea%et, packing slips and hills. DO NOT DUPLICATE Rea Na Sid Na Date 01 19 99 Papa No. 02 CITY OF DENTON TEXAS 0k TEXAS 0940/349 17100N OIFW METRTEXA O 6 1 7-42 12 6100 NTFAX 9401349 20 73102 164 VENDOR PROCESS ANALYSTS, INC. NAME/ 555 ZAN0 ST, SUITE 200 DELIVERY ELECTRIC PRODUCTION 805 , ADDRESS ADDRESS LAXE1tDOD CO 80228-1012 1701 A SPENCER RD. DENTON, TX 16205 JAMES BEATTIE VENDOR NO, PRO10001 DELIVERY OIIOTED 02 02 99 FOB DESTINATION BUYER TS TERMS 005 2000.000 f/ VENDOR CAT. 1 M / A MFG NAME 1.000 ' 2,,000.00 CITY 1 0300 r INSTALLATION i TRAINIRO-BILLED AT Ill AND TRAVEL EXPENSES A ~ w P 0E TOTAL t 2,,L00.00 OR RD TOTAL t 46,300.00 U 01 610 101 1011 5140 0339 460100,00 f VINM INSTAATIONS 1. TNms • Nei 111 s..+„,, .s+.~. w.~.u j t ItrA frijilal inveltf wick dwitelf 40" 4. shill 4 Iltttruclishk 11.01 Dastmetiek M 4 two's anNw w.a.al L gill to Accounts PevW#~IIy !I 1. Ne 1A-4d Ir 11" ulu 4a dolt k inehde/ a ng vs 1111 1. fkIIK141 Llof b prices billet t 1 ATTAciaw T 2 Pro pct.Bud et Item Qty. Descri on Price I 1 Upgrade the Compliance data acquisition system at the City of $36,500.00 Denton with Cirrus Version 3.0, Including the following: • Standard Citrus user Interface screens • Standard set of Cirrus manuals • 40 CFR 7S, EDR 2.0 dated July 3,1997 electronic reporting • Seven days PLC data recovery a Conversion from SCO UNIX to Windows NT 4.0 operating system Upgrade from FactoryLink 4. L4 to Factory Link ECS 6.5 • FactoryLink ECS 65 runtime licenses (I ea.) a PCAnywhere Version 8.0 License (I ea.) • PK Zip Version 2.5 for Windows Licenses (1 ea.) • FactoryLink WebClient Licenses (2 ea) 2 1 400 MHz Dell Dimension Pentium If PC System, Including the 53,300.00 following: • 6.4 OB hard drive e 3.5, 1.44 floppy internal disk drive l • 128 MB RAM • 17 inch 1024 x 768 color monitor ' • 10 GB E1DE TR5 Tape Back-up • 3 COM US Robotics V.90 Modem • PCAnywhere 32 Version 8.0 1 • Wrheable CD Drive t • 8 MB AOP Graphics and 10/100 Intel Network Card 3 l PAI Standard Support for one year from date of shipment. Included TOTAL 539,800.00 Item . Options. Price 4 1 Priori ty Support for one year from date to shipment $1,500.00 Y S l Premier Support for one year from date of shipment $2,500.00 6 2 Upgrade to EAR Version 2.1 $3,000.00 , 7 l On site start-up and training $75.00 per hour plus travel expenses at = AO cost S t' ORDINANCE NO. AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF A HARDWARE AND SOFTWARE UPGRADE FOR Y2K COMPLIANCE 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 C kTE (PURCHASE ORDER 92698 • PROCESS ANALYSTS, INC,, CIRRUS SOFTWARE AGREEMENT, IN THE AMOUNT OF $46,300). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to th. 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]. That the following purchase of materials, equipment or supplies, as described in the "Purchase OrdcW' attached hereto, are hereby approved: PURCHASE ORDER VENDOR AM41lI4T 92698 PROCESS ANALYSTS, INC. $46,300 SECTION Il. That the acceptance and approval of the above items shall not constitute r 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 contmcu relating to the items specified in Section I and the expenditure of funds pursuant to said contracts Is hereby authorized. f r SECTION IV. That this ordinance shall become effective Immediately upon its passage and j approval 6 c Ci PASSED AND APPROVED this the day of ,1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: PC 92696 SOLE SOURCE, ORDINANCE. .1 t A 11~~ 7 t ( CIRRUSTe Softwere Agreement Process Analysis, Inc. (PAI) PLEASE TAKE THE TIME TO READ THE FOLLOWING TERMS AND CONDITIONS UNDER WHICH PAI AGREES TO PROVIDE SOFTWARE FOR YOUR SYSTEM. HERE ARE THE DETAILS OF YOUR SOFTWARE AGREEMENT: PAI gmnu you a nontransferable. non<xcluslve Iitems to use the Sof %am and Documentation enclosed In this package. The Software and Documentation are copyrighted by PAI and contain valuable trade secrets You may not make any copies of the Software or Documentation except a necessary backup ropy, you may not transfer the Software or Documentation or otherwise make h available to anyone else. and you may not disassemble. recompile, update. revise, or enhance the Software without written notification to PAI. The software and documentation us u, minted against functional dc liters found during o period of 120 days aft it date of shipment from PAI. The software Is warranted to mats Identified. applicable Federal. Surt and local regulations at the date of shipment. PAI1 sole obligation shall be to correct any such defer ins moaner chosen by PAI in its sole discretion. The cost of travel to and Iiving expenses it your site mqu Ind to make any corrrations. whether or not within the w'amanty, will be billed to you. The media on which the Software is recorded shall be replaced without charge by PAI if the media prove defective w Ithin 120 day s alter delivery. This warranty (i) does not extend to defects arising from changes made to the Software or the hardware with which It Is intended to operate, (lq will be rendered void by any evidence of tampering with the Sofw are, and (iii) does not extend to any hardware l components subsystems peripherals or other non•PAldeveloped software whether or not supplied by PAI. See the upkrate hardu art: warranty provided with PAI supplied systems EXCEPT AS PROVIDED ABOYE. THE SGSrWARE AND D0CVMENIATI0N ARE LICENSED TO YOU fAND ANY HARDWARE DELIVERED BY PAI is DELIVERED TO YOU) -AS IS" AND PAI DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF NIERCHANTABILITVAND FITNESS FOR A PARTICULAR PURPOSE. PAI's agreed maxLnum liability ("Agreed Maximum Liability') vlsing in any manner (a) from the use dither Software. Documentation, or any associated bardw are; (b) from any personal Injury and(or property damage or downtime wising from Inaccuracies or malfunctions roused by hardware or software defecut or (c) otherwise from this license agreement shall be the amount paid by you to PAI far Iht use of the Software ind Documentation at a specified rte. PAI SHALL HAVE NO LIABILITY BEYONOTH£AGREED MAXIMUM LIABILITY FOR ANY LOST PROFITS OR DIRECTS DAMAGES. AND NO LIABILITY WRATSOEVER FOR INDIRECT, INCIDENTAL. CONSEQUENTIAL, OR OTHER DAMAGES ARISING FROM THE USE OF THE SOFTWARE OR DOCUMENTATION OR ANY ASSOCIATED HARDWARE YOU RELEASE PAI FROM AND AGAINST ANY AND ALL CONSEQUENTIAL DAMAGES. INCLUDING BUT NOT LIMITED TO ALL LIABILITY FOR PERSONAL INJURY AND/OR PROPERTY DAMAGE OR DOWNTIME ARISING EITHER DIRECTLY OR INDIRECTLY FROM SUCH INACCURACIES OR MALFUNCTIONS. Is Is y our responsibility to determine the suitability of the Software and Documentation for your purposes You acknowledge that 1001i "up" time is not realisable because of possible hardware or software defects. You recogulm that such defects and failures may cam Insccurocies or malbtnctions Your failure to comply with the terms of this Agreement may terminste gout license and We Agreement Upon lerrninulon you . ~ r shall be obligated to return all copies of the Sofwae and Documentation to PAI. A This agreement is govemed by the laws of she State of Colorado. 353 ZutB Strw, Sidte 200 a Lakewood, Colorado 802284012 • 303.9876100 s r System Support Services 1. OVERVIEW PAI's standard 120-day warranty period can be augmented with PAI System Support Services that are designed to offer the level of support best suited to your organization's needs. Our products and engineered solutions are often installed in critical manufacturing processes where users depend on the applications. But PAI does not stop there. We strive to provide the best technical support by employing highly skilled, trained technical staff, and by giving you a variety of support options so you can choose the one that meets your specific requirements. Whether augmenting your staff or providing you with complete coverage, PAI can provide continuous, timely, and economical support for all of PAI's products and engineered solutions. PAI offers annual support services that provide complete system and software support through four functions. First, we provide accurate and timely responses to questions and associated problems through telephone or on-site support. You will be connected through PAI's dedicated support line to a support engineer who is trained In analyzing, identifying, and solving problems associated with your system, and who has access to all of our product and project design information and the project staff that Installed the system. Second, we provide routine maintenance for installations where this Is an alternative to in-house support. This effort may include periodic system backups, data Integrity checks, and execution of maintenance routines. third, PAI offers electronic support 24 bouts a day, 7 days a week, through our bulletin board and Internet World Wide Web page. These services provide itunediate feedback on frequently asked questions, product release Information and enhancements, and a secure downioad/upioad environment for exchanging Information with our support staff. Finally, we provide training by technical personnel augmented with a dedicated staff of training and documentation specialists. Depending on the level of support best suited for your organization, you will have access to many if not all of these services. The System Support packages offered by PAI Include the following: • Standard., Telephone support during normal business hours with I business day response time, electronic support, and extended software warranty • Priority Support: 24-hour, May telephone support with 8-hour response time, electronic support, and extended software warranty • Premier Support: 24-hour, 7-day telephone support with 4-hour response time, electronic support, extended software and hardware warranty, and periodic system backup/malntenance These support plans are offered to complement the products and services that PAI provides to our customers. We can provide additional services on a time and material basis for (1'- N troubleshooting problems not related to these PAI products and services and non-warranty issues, once such problems have been identified. Note that systems operating under expired warranty 9 f' `n terms or noncontiguous support service contracts are subject to detailed audit at additional expense before they can be covered under a system support package. II. STANDARD SUPPORT SERVICES Our Standard Support option offers telephone support for PAI's engineered products and applications. When you call PAI, you will be connected with a qualified support engineer who specializes in solving problems for the software and hardware you use. In addition, electronic support through access to PAI's Customer Support Bulletin Board and Internet Web Page is provided. Specific benefits include: a Telephone support available Monday through Friday 8:00 a.m. to 6:00 p.m. mountain time, excluding holidays e Guaranteed response time within 24 hours from PAI's support engineers a Tracking of current and historical trouble reports a Contacting and coordinating of PAI resources on problems requiring hardware and software component support ' a Client access to PAI's Customer Support Bulletin Board and Internet Web Page a Extends warranty period against software functional defects to 365 days after ship date or l year after renewal of support contract Standard Support services arc targeted towards applications that arc less tine-critical, with built. in failover or redundancy modes, or for systems where the customer provides the fast te.,el of support. Customers requiring more comprehensive or timely support should consider i or Premier services. III. PRIORITY SUPPORT SERVICES As a Priority Support customer, you not only receive the benefits of the Standard Support option, but additional support through direct modem access to your system by a PAI support engineer, assistance in installation of PAib new product releases, and coordination of troubleshooting efforts with 3" party vendors. ,A Specific benefits Include: ! r a Telephone support available 24 hours, 365 days per year. a Ouaranteed response time within 8 hours from PAI's support engineers ' rare: ars to t I r Tracking of current and historical trouble reports • Contacting and coordinating of PAI resources on problems requiring hardware and software component vipport a Client access to PAI's Customer Support Bulletin Board and Internet Web Page • Support via modem for downloading system Information from the client's system • Support during ittstallatfon of new product releases offered by PAI • Contact and coordination with 3" party vendors, if required • Extends software warranty period against functional defects to 365 days after ship date or I year after renewal of support contract Priority Support services are targeted towards more complex systems and applications that require more immediate response and assistance In system updates. Customers requirLig complete support should consider the Premler service. IV. PREMIER SUPPORT SERVICES As a Premler Support customer, you not only receive the benefits of the Priority Support option, but additional support in on-site periodic system maintenance, system backups, and crash recovery. Specific benefits include: r Telephone support available 24 hours, 365 days per year, • Guaranteed response time within 4 hours from PAI's support engineers a Tracking of current and historical trouble reports • Contacting and coordinating of PAI resources on problems requiring hardware and software component support • Client access to PAI's Customer Support Bulletin Board and Internet Web Page • Support -ia modem for downloading system Information from the client's system r Support during installation of new product releases offered by PAI • Contact and coordination with 3" party vendors, if required 1r • Extends software warranty period against functional defects to 36S days after ship date or I year after renews[ of support contract Mp J o~ JJ 11 c c. k Extends hardware warranty period to 363 days after ship date or 1 year after renewal of support contras a Periodic s?stem maintenance a Periodic system backups 6 Assistance in disaster recovery from system backups, if needed • Quarterly meetings to discuss system performance, reliability, outstanding trouble reports Premier Support services are targeted towards complex systems that require periodic attention from PAI's engineers and technicians. PAI will coordinate all system backups and maintenance routines and will provide assistance In the event of system failure for crash recovery. Additionally, a quarterly team meeting will be held either via conference call or on-site to discuss the application, status of cm rent customer trouble reporti, and other outstanding issues. V. ELECTRONIC SUPPORT SERVICES As part of our commitment to protide timely Information and response, all members of PAI's Support Plans can obtain select Information via fax, our Customer Service Bulletin Board, and through the Internet. PAI makes technical information and application assistance available bn the Inte met Nia the World Wlee Web. The help available Inchades written documentation, Instructions, and techniques from our support engineers regarding our technologies, Installations, and products. You can access PAl Information via the following methods: a The PA] World Wide Web site Is located at hrrp.-11www,pa1-co1o.coWpa1 a Our Customer Service Bulletin Beard is available via dial-up at 301.987-6174 a Our customer support far number is 303-987-6150 V1, SYSTEMS TRAINWG PAI training comes from our staff of course designers, product developers, support engineers, documentation specialists, and Industry application experts to ensure you get the most timely and reliable training for your installation. Our courses offer consistent, high-level, hands-on training on the furl range of PAI applications and products. Pop 4 or s 12 f f 1 V VII, QUESTIONS? t For more information about any of the PAI support options; call PAI at (303) 989.6100 Monday through Friday from 8.00 am. to 5;00 p.m. mountain time. I I i k Pill ! of 13 I A fae can be tent 3e hours per day to 103.917-6Ila 3. Internet mail can be sent to suppoM9pdsolo.cs; be runt to entode my anadunenta s. The cacmmer son lea pegs it FAI's Internal Wadi Wide Web aka Modes a support fan You will help our cuslomet &mks departs - sum you better if you haw tM Mellowing Information and miWals ready when you submit your Problem: 40 your System Support Apuenun murder, 001 description of air problem; oil) the enter mwsp king received and when It occurs; (Iv) the process the operator Is perforeedsgwAem she tmur occuend; said (v) sups you have already takes to solve she Problem. Experience shows that Mary Problems and letars s be contested overdal telephone te s ands of ebpawgrusion between the uses and customertcrvlaenpneu, LhtanwlWlyto therpOwrend foiloweSssupgeatlong Depending on tht nature of partaidu problem of glrattians regarding eyesore performance, verbal respites may Include the reammended procedures, solutions of tttlw "Wu our obulWnp so!utim It is PAI's rouril bility, to help tz"sthsot and aid In impiemenWlon of any solution or upgrade provided b solve dw rembetan PAT at he tole disrndom may regwtl modem bean, ifavallable. U tM system for she purpose of helping the customer to dente the problem PAT will contact aed coardinaw &W parry vendors al required to help troaDttslwa any ryfum problem PAI will periodically report pupates In easing any wnsalved problem Priority support sends the wartsnry plod against solbwun hmcdonY def rcn to 36$ days odes data ofshlpment &am PAT or 1 year all renewal ofehe support conuaet During Ods perite6dw customer wilt nabs ehuW nddWmw labor forsuppat services iroubleshoodng and tolntoa estoclued with any aysum fwctknai deist Tmd end malalait howaw n wail k thuged dudry nAU lime far any ao-dte support tc UPnoA in Section C, Carton technlcai Infatmtllten Is availsb's via PAJ hamwt World WJde Wait site. Customers can open FAI's ant locador so hepllwwv paicolo eom+pat. flw eostomn ssnlr page U locwd Rtem the PAT hams page. Crain wRwut ptlcMs and toTvsre eommunlcuiaa maybe tccomplhhed by dlslap inctly to PAJ'1 custonwr senke larva 003417-6154. PAT CustomerSupport will give she usemame and password for tuatomee problems rpulring NU eagaD)Ilry. IF YOU HAVE eM1,1IER SUPPORT. TW4 fl4 POLLORT\0 SECTION APPLIES TO YOUR SYSTEM: PAI will respond to problems and verbally answer i~usdons regarding system perfammmce Wthlet four(o) hours, Including aRer normal business boon and on weekends, foiiowleil strung telephone sAfIctltom to you local PAT Acmes engin:ut. Problems tan be reported in Abut (a) w118 . Problems submitted eltevonically will be respanded to whhln oa 11) business day. Phase ust only arse of dw Mlowint Thr etch problem ~I I, Telephone support Is available Aouph your loo wykit enllow and through PAT Customer Service at JOI.917-6117 during our normal business bouts on htondoy thrteulh Friday IT unto6 Pont evunWn time, excluding holldays. P1eaN sail yea kcal fenke englaer tl tl,e telephone number liven In Schedule I, If yout loo support SUN Is unavailable, Ihn call will be Forwarded at PAT Customer Service kl Denver. After business hour, please cu) 303.917-6147 and Mere t message. 3 Afareanbetent3eAourspadryto7W9t7-0U0, 3. Internet mail can be sent to 3irpleor1pdcoio coal be sun 10 made any tltscM-mbs. 4 ,1Te customer service psgt u PAJ'1Internet Wald Wide Web site Includes s support form You will help out tusumn ionic$ department term Yom better IfJ oat have the deiiowing Infbrmulon and materials ready when you submit your Problem: l0 your Sy stem Support Agettor a murri6c 101 a desaiption of & problem: 1110 IN error meuagl king reabcd and when a occurs; (IV) the pocul the opener to performing wMe the error ekcurnd; and (v) sup you have aiready token to solve the Problem. Experience shows shat many Problems Ind eeron s be erected over dw ulphene at t result ofelow eeeperstkn between tM use end customer son Ice entlnrtr Listen emfilly to the aglontand (Weewthe sugtndaa. De peeedimI on the nature of particular pro Otma ter rpstua to gudimg oysters perfarntmce, verbal eespoau may Include Mere commended pmeedum, solution or funu repent tern aDWaing toluttoa. It U FAI's taporoiNllry to help troubleshoot and aid In Imp lementnbn of any 101J040n or upgrade prov!dtd to solve the problem. JIM at W sort discretion may requests modem aeau. if avaJlabis, to the system fu did pumpers of helping the eeseamer to dede rM pmblan. PAl wkl eonuel std eoordlnln IAkd putt' version at nqulred b harp uoub!ashow sty q stem proDUmPAI *ill penodlutly upon pmtw In coo leg my utnaotvsd problem Israel lit luppon exunds the wwsney period rgaie, software fla danal doicn to 363 drys eAff ship date Of 1 year ahtt reawd of the fuppors convict. During ihVS period, the eutiamn wilt nu V eharyed addlttonai gala for vuppM Nhlcet vauNuhoaMl and Wylloa usoelmd wlth my system Nrcuonal dtilon. Premler suppoH a)se, valance the PAf supplied hardware winsel pedal to AS drys aiUr Alp den or I you arise Pont wai of the support eontnm PAT restnef she H04 to Imkonvan arty hardware mainimmes through sow vendors. Smite reapomsa Ilona requiremenu foe hirdw w are defined In Schadult 1. Your PAT sinIce tollneer will men whh you to deice epeci6t procedures foe periodk system maintenance ud backup and w111 trick the r' poceduret with) oat. The teev Ice engineer will be reparable for and hive direct involvement in my d1sa w recovery A"Ir• u nquired{ v t no iervki engineer *111 schedule regular qumeHy awning to discuss the iysP m perfomimte, regabdity and any ouUtmelk.s wouble reponl. ! FAI F u ppoei Convect Pile 7 or 9 14 c u a Certain technkd Information Is available vie PAI Internet World Wide Web Site. Cuiu mers can Wit PAI's site location a hwplArwwpal• colo.eom/pat The cwtoma sorbs pigs to located from the ►AI home pole. Certainsollww patcha and sofrwra communkWom may be auemplhhedbydial~tpdimtiyse►AI'sewmmnNrviceServoa7p7APyfi1S<. PAICUIWMSupportwflldivethewunemwpumrd for cutsmma problems stqublng thk espabtiity. rat rouownja SECTIONS APPLY TO ALL TYPES Of SERVICE hymem temn re dented in ScMdutr 1 efdus Alinement ►AI shall notify Cwtoaw of the smomte oompicsMg the Arowai ►eymem Pot wbsequent temtt as ken Wrty (76) deys prior m the tun bleak sulwgww terns ►AI Shall not be obligated under my type cf$ytmp Suppon Services Adnemem contreee to mass nvailab6 or Install my product upgrade ncludinp but not limited to emblem won of V~ulwq changes, but may cbomc to include updnsda kt a epailkd service lard. ►AI reserves the right to price product upgrades a lower Inds rot systems currently under System Support SavIm Apesmeets, The cede ofnew bud drives or mber new equlpmem that may be necessary m rue upgrada w not included ands dale Adratmatt Customer Visa to reim5une ►AI for technical support for resolving Problem traced to the Cwmma'e more, thw perry roftwore mdllmoti ei. hardwat fdiun, misuse, or my ode mood pot lpselflcdly covets under the type ofservlce asoalawd with Als Apes *I.t The system mute fail to eviction In subomtW compliance with PAI user doeummudat, failures with hardww sbilwnt programs tea supplkd 17 PAS end failures multing from operror a ores customer misuse w tea Problems under IhL Agmmant The customer Is nsponible In weh circumstances. All addidonal chupes, het and expenses skill be govern! by Section c ofthis Apoam ma. Customer Mans to comply with ail of & umu and conditions of my Third Party Sofrwm i Licenses abWned by ►AI anc provided to Cusmmar a pan of the system. 11a Third ►a ry SaIMw Licenses may change porn rime m t me es new wpgradea or modifleatlom w developed Customer Micro that any addit)ms drletioro mdtoe modifleatlom on net Changes !n this ASneromt and ►AI tan nqutn them a pan of my supplied upgrade or modtlleatioe PAf shall be excused from my delays at Allan In perfarmmce caned by my labs dirpute. governmental nqustment net of Oo4lnabl!)ry se secure musicals of my other caws keyond Its control. a C. ADDITIONAL LABOR, TUAL AND NATtRL%LS ►A) shall charge Customer for eddidonal services and materials contemplated if appllcablr under this Agmment it PAI's prevailing rates In effect u the time the work L performed. AA labor will be billed on a time and materiels at fixed con halo and be de6md by subsequent purchase order i Cwtomtr thall he mpomlble fa all travel, living, most and acomtrtodadon expense$ Imvmd by PAI personnel or Menu M eawolon with providing labor unless otherwise act.mmoduel by the S)stem Support Sam Ice ryps. Ecanemy clue s4 M and lwlness clue heals will be r uullesd. Oman than seven SA toutatin drys of eniite wok Is requited to complete my services tea otherwise Included N the annual ton under this Agnemeat away frill Iha At faillry, PAI penbnnd shall have the opdon of resuming home fa the weekend at Cwtwner's axpme. To the es ill PAI Is requested is lts my equipment or s9pylln m tompleu npaln or wad tea olherwist includidwilder grin Agnmirk Cultumee 4 tees to reimbune P he Aftel Cosa Incum4 Including bus net limited to lhlpphtg, vanSpenatktA Intimated ptus a Dfrtsn fenen (Id".1P4.u -edgedcost on all ouch punheses. D. rTK%fA.%DTEIbMi.YAT10Y Unlrss otherw lie ipeclfted in Schedule 1 of nrminaed earlier. the tern U one (1) you ham the eResdva den. which 4 the due PAI receives pp mini for the Agnsmenl Except u provided in dtls Section. this Alinement shall renew luelf wtomaically fa twelve {I7) oamh periods Elsner par" may terminus this 4gnmlent with a whhoul tour with forty-Ilve (4I) Gigs advance wtdmn noslse fa tin goes of the Annual ►rymem fx my tern o ha that the ft amt fdiun of Cwmmu m make ptymem whhln hnydlve IdS) drys of eealpt of InvelCa shill math In autometle tern nation nmacdte Is due tat annhemsry of tin Elfemlve Den Without any req lremem of wicdrn notice. with mpect m all ether (&I[unity Customer to pep ~U to. PA! re Its agnate, shall have the 09M to lam Imam Me Agmmmt or suspend services without wnnen notice until W ountmlinr Ymem b paid in fall. PAI Suppon Comsat Poll f of 9 is d Qi 1 L APPLICABLLUwANDAORKLMV"MODIrICATION The levee ON IA Suu of Colorado, WW" mar! u pkdpke of wmlku of tar Loren dde A&-oow nL Tbb gnmwm may only W MWI&d in wrhlnt both putW mug rape dAk wrW& If my irrm or porkkm of dde Apw w Is ddambW to bo kralW or mn&t wbk dw mialnda of dw Apwaum QW wt W aHmW ad will mosto hlld oW enktaebk to the Iklka a.wm of dw faw. Tw Mum of 06& pety to enMu any pm Ulm or ASN under dlk AVoe"m droll mot be deeaeN to M a relingvislo N at wahw of sub 4M or obllNtkn. F. DISCLAIMER PAI HEREBY DISCLAIMS ALL WARRANtUTA, WRFSS OR IMPLSD. WfrH UMCT TO ODOM UCOJSES AND SOM WARE PROYIDED OR SERVICE! RENDERED UNDER THIS AOREEMWT, DICI.UDIWO MOULD WARRANTIES OF MERCHANTAbrLM OR FITNESS FOR ANY PURPOSE. THE CUSTOMERy E%CLUM REMEDY IS (to THE RXCLUSION Of CONTRACT, 7ORt OR OTHER REMEDIES) Tw Un1RN OF rW M FAIR UNDER TIIS AGRMUW. PAI q NOT UAMLE FOR DXIO WAL CONSEQUIDMAL OR WMP ARY DAMAGES. NCLUDINO WONOW DAMAOES. PAI'S AOOREOATE LrAXRM WITH RESPECT TO ANY CLAIMS RELATED DfREMY OR MIRSMY TO TGS AOREENM WILL NOT EXCEED THE FEES PAID UNDER THIS AOREEMENt. Q ASSIGNMENT r umm dud not aaipn ay of ha rlphu oroWprdm wder thisApwmem wkkro MW wriun waaM of PAL Any uk of all or Iabrwndally all of me uuu or eepkal nedt of cuamwr towoma w udpnwot of this Ap mwnt This Apnmam sW be UnOnp upon end imml to IM bends *(do kth. eueeeaean md p nloW wlpu ofdw panda. I 1 y; - y PAl S uppon Convaet Peq 1 of 9 16 0 u Ilk H. CONTROLLING AGREEMENT This Asmmtm bWlee Doty b mab*wAm W soppmt of Wwre, rid dou ow In my way m ids to mWxwww of pmom he w- " Of 11W othu svvka rohoby to edw 6114MM ow>rE of o'rrred by m Ar Cu* w. Sud odw hrdwon. >pdPm m W sor Ica may bo Mkat so pmvldom In W w*d pnhm orda. To W exNm of my msd kt bet o ihh ASmmem wed my odw yrtam m been Commerrid M; the "bm o(Als Av"mom tW pwnm ►AJ Cwlew By: By: Twc TION: Don: Dye: Addms: JJIZw$SuessJ,Jw2DO Addme: Address: Lekwood, CO dOUJ Addms: r ' r r Ml Suppm Coeuat lye J ot9 17 I r , I G I t SCHEDULE I • CUSTOMER MAMUNANCE PLAN COMPANY INFORMATION: Com any: i Address: Address: City, State, ZIP- Agreement Noa i Start Date: Effective/ 1 l I I 1 l l 1 I/ l I I Renewal Dates: 't I I i pN tupW Comm FW d of 9 IS t I c.~ s CUSTOMER CONTACTS: Primary Contact: Phone: Email: Pager. FAX: god Contacts I Phone: Emall: Pager: FAX: I 3rd ContaM: Phone: Email: Pager FAX: Modem Access: Phone: Phone: Node: Phone Access Information: ' ►AI fupron tanva 1~ r efl) 19 a i HARDWARFJSOFTWARI, CONFIGURATION: PAI Project Name/Number: Product: Version: Product: Versh n: lI Project f Description: I Project E u! menf: Service Respome Time and Providers Service Provider Contract Number: , t` PAI tupW Conan pop l or4 20 0 u I I SUPPORT PLAN: I Maintenance Plan: (Standard, Priority, Payment Terms: Annual S Premier): Feo Support Options: (Local Service Engineers Phone: Palen Fall E-mail: f f i FAl t upped CdA nd hp l 0( 9 21 t u 7gI-15-1999 08159 PROCESS WLYSTS, INC. 3039SWISO P. 02/M PropoW Snmmtry I. Scope of Work: CEMS Data Acquisition and Emisdon Reportbg Systems 2. Bidder Name: PAI Bidder ProposslNumber. 98110303 3, Lump Sum Price: 539,800,00 See Proposal Secdon 4. ' 4. Standard Support and warranty against functional defocts for 1 year ft m date of chip per PAI's Standard Support (Priority and Premtor support are quoted as options) S. Prim are tuna through: January 31, 1999. FOB Lakewood, CO 6. Payment terms: 20%- with purchase Order or Letter of Intent 80% - Upon Receipt On Site 7. Detailed Work Description: See Proposal Section 2. 8. Work Schedule: Sae Proposal Section S. 9. Clartfleadons 9.1 Cirrus Year 2000 compatibility and upgrade strategy Is deaeribed in the PAI De-ember 1997 Technical Bulletin - See Se.don 9. Cirrus NT13.0 that would be installed Is Y2K compatible. 9.2 The proposed upgrade is based upon EDR Version 2.0 as promulgated on July 3, 1997. The upgrade to EDR Version 2.1 is based upon the EPA proposal of May 1998. 1)'\ . 22 TOTAL P.02 a M ` AW41 him S DaM AGENQVA INFORMATION SHEET AGENDA DAIV-. April 6, 1999 Questions concerning this acquisition should be directed DEPARTSIENT: Purchasing to Ed Hodney 349.8271 ACM: Kathy DuBose, Fiscal and Municipal Servicesiz SUBJECT: AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR SERVICES PERFORMED BY BLIND OR SEVERELY DISABLED PERSONS IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (FILE 2353 - PURCHASE ORDER 93588, TEXAS INDUSTRIES FOR THE BLIND AND HANDICAPPED - PHYSICALLY CHALLENGED SERVICES, INC. FOR PARKS, MEDIANS, RIGHT-OF-WAYS AND BUILDING GROUNDS MAINTENANCE, $28,690). BACKGROUND: The Parks Department began using Texas Industries for the Blind and Handicapped for routine maintenance of parks, medians, and grounds last year. The utilization of disabled persons for routine park maintenance has proven to be advantageous for both parties. ESTIMATED SCHEDULE OF PROJECT: This contract is to begin Apr l 15, 1999 and continue through November 30, 1999. FISCAL INFO RMATIOh-': Funds are available in a 1998.99 budget account (100-038-0063.9502, Parks Department ecial Services). CONTRA-Cj q-FMATION, M [ The purpose of fl-,is contract is to supply labor, materials, supervision, and transportation to mow and maintain parks, medians, right-of-ways, and building grounds owned by the City of Denton. We recommend Council award this contract to the Texas Industries for the Blind and Handicapped - Physically Challenged Services, Inc., in the amount of $28,690. It involves approximately 20 mowing cycles from April 13, 1999 through a November 30, 1999. Contracts for services or goods supplied by the blind or severely t ' ff handicapped are exempt from the bid process as per Texas Local Crovemmenl Code ~a~ter 252.22. Section 13• I C c, AGENDA INFORMATION SKEET APRIL 6,1999 PAGE20F2 Respectfully submitted: Tom Shaw, C. P.M., 349-7 100 Purchasing Agent I i Attachment 1: Purchase Order 93588 Attachment 2: State Use Contract Attachment 3: Mowing Maintenance Agreement and Schedule i 119a.AGENDA i r r ' 2 1 PURCHASE ORDER NO: 93588 THIS IS A { This runber must appear on an CONFIRMING ORDER Invoices, ddivory slips, cases. OF MAWM erns., boxes, packing slips and bins DO NOT 17UPLICATE Rea Na Bid N& oats,. 03 18 99 Papa Na 01 TEXAS PURCHASMO OMSSIONN8001 8 TEXAS S~ I OWOR TEXAS 76201-4354 . ' 9401349-7100 O/FW METAO 6171267-0042 FAX 9401349-7302 N 'ENDOR TEXA9 IMDU3TA18a 70R RLIND L Visit tM Cily 0t OentOn's Wabsita at 4 0 01.eity0ldem0nd0rn TAME/ HANDICAPPED INC. (TIEN) DELIVERY CEXTRAL RECEIVING 804 1DDRESS 300 HIGHLAND HALL BLVD#STE 302 ADDRESS PARKS 6 RECREATION AUSTIN TX 78752 901-9 TEXAS ST DSNTON# TEXAS 76201 VENDOR NO. TEX48050 DELIVERY OUOTED 09 30 99 FOB DESTINATION BUYER T8 TERMS I 001 28690.000 VENDOR CAT. 0 M / A M70 NAME 1.000 28#690.00 CITY / 8500 MEDIAN AND GROUND NAINTEMANCE TOR (2) MOWING CYCLES (STATE CONTRACT). W P GE TOTAL s 28#690.00 OR ND TOTAL s 20#690.00 r 01 100 039 0063 8502 28#690.00 VENDpp WSTAUCTItKSL y 1, for" • Net 30 W-H 1e0•h..#.eR.11 1. fsnf Mlf11d IMIq >F1S s sNY• 1. ShiplM MstruedMS f.0./ Oetthrtlen M t u+....a«.r...#..ewi 1. 149 N • AccseM4 q L No IsMrsl or M sales sax 00 N wm%hd 110 L MtK it M Nrkes Brost s Othila 1X 71201.4701 ' c I A1TACHKENT 2 Contract Number State Use Contnct TWA contract cad agreement is entered bno by and betwom the Receiving Party ad the Perfotmiog Party (Adgned Work Coder) pm=w to the Awkmity granted in compliance with the rvA ioae of a vtw 122, HWM Reeoatea Code, and certified by Texas in~ An the Blind rd Hae"Mod (TISH hhstriet, Inc.) so a Cootract In compfunae with the ptw4swra of C kw or 122, Hu man Resources; Coda. L Contracting Pardest Recah* porty. City ofDentoo • Mr. Robert Tielmer 321 Fast McKimry Denton, Tau 7001 Performing P Phydma0y Challenged Service; loo. 13300 01d Bkuuo Road. Sake 160 San Antonio, Texas 71216 IL Statement of Services to be Parlormed: MY Parts Media", sk-Of Wqs and Building Gro mils Malateaafte IM Basis for Calculating Reirnbaraable Cash: See Did Proposal IV. Contract Amount S71,690.00 The tool amount of the Contract Act :,;d exceed: S 21,690.00 per year. V. Parmer 1 of Services: The Retxiviog Petry shall pay Perfotmial Party, or pay T12H is us*" and s& Acing agent of PaPxrA$ Partyrs interest is the payment under this nom, ct (u directedl for goods and serviaer roe" upon roc* of a prayer fnvoiee or voucher p:epued by the Assigned Work Center or TIBH within thirty (30) days from receipt of same. Payment for tenices paformd shall be billed monWy is ootSned and ser ices 1 pr" a VL Term of Contaact The term of the contract shah be for a period of two yeas to begin co or date of (:fry C44Mc0 awad„ wish option to resew at the and of the pee4dor upon regnea ofaay of the contracting parties. THE VNDERSIONED PARTIES do hereby certify that, (i) the sarvices spodW above are necessary mad esseatis! for activWai that are properly nkhio the statatay fictions l r sad programs of the afkaed parties of local and erne Ooveromaot, end (ii) the services, st"Ucs or Comm ot, are not req Bred by Section 21 of Amick XVI of the Cons itudoo of Texas to be supplied under Contract gi%vm to the lowed tespo "bidder. 4 c t; Contcut Number RECEIVWG PARTY Reeeiviq Putt' flasher eertiles dha it tat authority to watzwt for the ebm mvioet by atubority dad is $eeeioe 122.00!, S$Wft 122.004, a d 122.017, hschu0og but not limited to Section 122.007, Chepter 122, Humor Kowuroes Code. City of wom nfReoemm party Authalrad Sigttatue Duo PERFORNIING PARTY The undersigned *my for the Performing Party hereby reyrommat and wurou that die is a offices ofthe orgsaiaation for wldch die bit urerubd this Cov"cr; ad this the Aca ha fit!! and cavlote authority to enter ittto this contract on behalf of the Performing Party and has legal autbority to perform the owthAdes provided for herein. iY o Performing y Anth sirstu j-1 *kh qq Dee CERTIFYING PARTY Tom b&mtria for the Hind and H+mtbcopped, Tae. (TBH htdumim loc.) Authorized Signature r t t Date s f 1 ' ATTAC MU21T 3 CITY Ole OINItONr'TLUS ti SPICIACATiONS 1011 COff1 RA C n FOR MOWING MA1Nrt ANCR SPECIFICAT11ON INMNTs The City of Donlon. Texas wiihas b amW iota muhi-year eonel for the mowing maiateaana of A. CITY PARKS L CITY f►Ir,DUNS, CTrY 1UGH gF.WAYS C ClITYBUILDING GROUNDS witsia the corporate timirs of Denton, Texas. The specifications wouieed herein ate dulPad to "Wisb as eff ctive. dleiaru• and cafe system of mowing &Wntenrre. Coo is may be swaded sepraely. SPY0nrATION CONTACT: Any goabM npr&$ dtae apaei6WVHAd Of COn1r is auy be directed to the Sqeftaliddd tl ckol M the Civic Center. 321 L McXWicy $bee . Taw 76f Pull. Bob DWICON CONTRACT ' FIRIOD: The ten a of the cannel "I be for a period of two (2) yeas foot Mach 31,1991, or date of City Co" award, if sabsegeatl thacla. Wilt option to resew r tbs end ofd. i period It aeewal sW be bred an m avahratioa by dg puke and Reasariw Dep+rhaeat (Aaemdta mfarnd in a 'the Depwanea7 of ft connsetoes pafarrnanee kvittp Oe previous period, W o mqukwwn% rte. him "I be bid for the ini Dal pried only. AAa completion of d,a initial eeabw tarm, dw easWact may W role red twice for a period not to exceed one year per reared, The ContsuSar(s) shall sobm'e the removal prepoal With price changa and jostifleadon w the Depuaaeet Del Idcr than Fobtwy 160th year. Incraira in coatrecr prfctag sUU not taeeod the eomuoter price indat of DAWTort Wonlt dmderd maropoline uuisticat ua for the previous twelvemonth period. Reacw it sball be a1 the sole discretion of the Deprunaa. CONTRACTOR '2UALIF7CATIONS: Coancton submitrieg bids eatiiy to the City tAst O*y pones ale aeoasaey equipment, fecilitia, peraonnd, tad work eaprlance to 111l the terms of die Contract st the time of bid tubminion, and be ready to sward on the stmeins dale for the initial eoetnet period. The C6otractw(s) ft H be required to keep swTiiefem equipment and labor on hand to do a complate mewing of die teen "19ed by coaoue u oAan as may be specified, should the Vowing no on demtad. i f. wuwtsr 6 I i c N SrD SCMCDULB e, ' CO(Vl>ftACT MDQ~ 1 MMW 4 AND OMM LOM: FOR MOWW OF W1dEDS AND GMU ON MY MEMO$ AND LOM Wn= TM CORPORATE DOVNDARDI4 OF THI Crff OF ODfrl* TOUS,pe+~ an wow, eonjaw nt sp-".sins "..-.W AL Wdai Comm do be for a poet of two n) Peas wowing i" 1111„ of 6b day COseoO SiW4 it "6400 dwem. 'tie city n act 0 is spun to Teaaw eoe. I R+t tao addidoesl see (1) pMe peTiedl at Itts die a it Of dw wdlw Tbs oeetrUW dd Mask dM M" 1040001 WA FW Carta rd joild aimr by Fsbnory I a1W ie tekW owd. twsw in coma pri t Ad ad neeo det o6sww& isle dole 6FW stisird rraapdiae ihd" sea for die previdu (I?) lee(re searia. Ressesl abaft ar M sets ietseOeA e(ie dlpuow~ MWANS SCUD= AWN ~N UM AMWU_AL At. IACM) SCUD= "WO Alex" o a Yn veto, Churchilawl 12 0.10 go Medians a ny on , nesnun n sot .00 1 t aceMMun eo03an -7770- 1190.90 1 var earn , eeou •s Between otaarc a. go Ino.99 r. q 9,79 20 1 "0- IZ40.49-1 ago ee 57.00 11. uca1 Ratone 55.00 OWLMSOC tene ■ oe 30410 TnT.Tr a se r eat o on s 16.00 st oa o , Bennie Braet enop c 35 To p Setvice Rd x an F4tK Circle 0.20 5D.90 e■ r~~qqe9.20 IT-Mr- F or:seo)tTdg* IH-own LO IV 33.00 ELF a wne IT 5 ans so Oslorado dra ne ans l4Yh11L Ad 0 ■n 1.4 Sivd ans xov 130.90 7110370 eta .or a ans er c c es oCAAnnua E d: C~ C. it l'-ntLt~~~4e~ ~ tbGO IIA(e ~IQtc}oR,~ L~7Qfatloris Title Y %4z 46b Co _ O%qzl Or t' A"Mn A,r(an I L 78sr6 1~L'G.rASrJ1VOL:17N,M,~t,tlnoM'r1owW.,f~,,t.V..e.r....aNS~1eM ~ f I 7 t ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR SERVICES PERFORMED. BY, BLIND OR SEVERELY DISABLED PERSONS IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (FILE 2353 - PURCHASE ORDER 93588, TEXAS INDUSTRIES FOR THE BLIND AND HANDICAPPED - PHYSICALLY CHALLENGED SERVICES, INC. FOR PARKS, MEDIANS, RIGHT-OF-WAYS AND BUILDING GROUNDS MAINTENANCE, 528,690). WHEREAS, Section 252.022 of the Local Government Code provides that services performed by blind or severely disabled persons need not be submitted to competitive bids; and WHEREAS, the City Council has provided in the City budget for the appropriation of funds to be used for the purchase of the services set forth in the proposed contract, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Manager is hereby authorized to execute on behalf of the City of Denton, Texas, a service contract, which is attached hereto and made a part hereof for all purposes, that provides services relating to Parks, Medians, Right-of-Ways and Building Grounds Maintenance with the Texas Industries for the Blind and Handicapped - Physically Cballenged Services, Inc., in the amount of $28,690. SECTION II. That the award of this contract is based on the services under this contract being performed by blind or severely disabled persons. . SECTION IIIIII. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY if APPROVED AS TO LEGAL. FORM: j HERBERT L. PROUTY, CITY ATTORNEY HANDICAPPED-PARRS,MEDIANS.bUrNANCE 8 C 1 Ao" W AGENDA INFORMATION SHEET AGENDA DATE: April 6,1999 Questions concerning this acquisition should be directed DEPARTMENT: Purchasing to Ed Hodney 349-8271 ACM: Kathy DuBose, Fiscal and Municipal Services SUBJE.CTt AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR SERVICES PERFORMED BY BLIND OR SEVERELY DISABLED PERSONS IN ACCORDANCE 1VITH THE PROVISIONS OF STATE LAW LXEMPTINO SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (FILE 2353 - PURCHASE ORDER 93590, TEXAS INDUSTRIES FOR THE BLIND AND HANDICAPPED - PHYSICALLY CHALLENOx.D SERVICES, INC. FOR PARKS LITTER CLEANING, S27,S80). BACKGROUND: The Parks Department began using Texas Industries for the Blind and Handicapped to perform parks litter cleaning last year. The utilization of disabled persons for parks litter cleaning services has proved to be successful for both parties. RECOMMENDATION• J We recommend the cont• act for parks litter cleaning be approved and awarded to Texas Industries for the Blind and Handicapped - Physically Challenged Services, Inc. ESTIMATED SCHEDULE OF PROJECT: This contract is to begin P.pril 15, 1999 and continue through November 30, 1999. FISCAL INE01 1L4TION: Funds for these services are available in a 1998.99 budget account (100.038.0063.8502, Parks Department Special Services), , CONTRACT INFORMATION* The contract's purpose is to supply labor, materials, supervision, and transportation l~' \ involved in the scheduled litter pickup and cleaning of ten parks from April 15, 1999 through November 30, 1999. Contracts for services or goods supplied by the blind or severely handicapped are exempt from the bid process as per Texas Local Oovtn=nt Code Chang' 25212. Section 13• 1 CAGENDA INFORMATION SHFa APRIL 6,1999 PAGE20F2 Respectfully submitted: Tom Slaw, C,P.M., 349.7100 Purchasing Agent Attachment 1: Purchase Order 93590 Attachment 2: State Use Contract Attachment 3: Cleaning Schedule and Maintenance Agreement I f"AGENDA i t w l ' i Ja ti r. 2 0 ti PURCHASE ORDER NiD93590 THIS 13 A Tbh number must appw on all OO ~tRMI am Invoices, delivery etlps, eases, MS., boxes. Decklnp .ups w4 bill& DO NOT bMICATE Re% No: Bid Nm Datr. 03 18 99 Pape No. 01 CITY OF DENTON TEXAS PMRkSlNG DMSION 1 901-8 TEXAS STWE} J DENTON. TEXAS 76201-4354 9401349-7100 OIFW METRO 817/207-0042 FAX 9401349-7302 r VENDOR TEXAS INDUSTRIES FOR BLIND 4 Visit" City 0100filc's Webslts N www.city0ydent0ne0m NAME/ HANDICAPPED INC. (TIBH) DELIVERY CENTRAL RECEIVING 804 ADDRESS 300 HIGHLAND MALL SLVOtSTE 302 ADDRESS PARKS i RECREATION AUSTIN TX 78752 901-8 TEXAS ST D11i TEXAS 76201 VENDOR NO, TEX40050 OELIVERY OUQTEO 09 30 99 FOB DESTINATION RM TS TERMS 001 27580.000 SI VENDOR CAT. i H / A MFG NAME 1.000 27a580.0C CITY 1 8500 PARKS LITTER CLEANINGI PER STATE CONTRACT I I i w p 0E TOTAL 1 27,580.00 04D TOTAL a 27,580.00 c, 01 100 038 0063 8502 27,580.00 1 Y1N00R MITAUCTIONS 1. Terms • Net 70 wh.r. .~rwo 1. send arlplnd "its voo Iwi;; A filly,. 4. skis iM kutrucllMk 1.0p. D prolive iw... .nw.nr y..t.o I Bill w Artemis Payne 1. No ledwal or pee wtss up fttrhil 111 L 1hKI h' N I Ices billed rc , v s ` 0, I!H Gmeg TR !12 1,,,, . i V 1. ArYACEDU MP 2 Contact M=ba State Use Contract This contract and agroemeet is entered itno by and between the Receiving Party and the Performing Pasty (Assigned Work Center) pwaLM to the Authority gaoted'w oomplience with the provisions of Chapter 122, Hunm Reso-nmem. Code, and cere:-d by Twos Industries for the Bland sad Handicapped (TMH Mastries, Tao.) as a contract in compliance with the provisions of Chapter 122, Humor Resources Code. L ContneftZ Parties: Receiving Perry City of Denton • Mr. Robert Tisimer 321 East MaG ney Denton, Tema 76201 Performing Party : Physically Cballcogod Service; Inc. 13300 Old Blanco Road, Suite 160 San Antonio, Texas 98216 IL Statement of Services to be Performed: City Pants Litter Qeanlag Service M Baas for Caleulatiq Reimbmnable Costs: See Bid Proposal IV. Contrad Amamt: S29rSlf0.00 The total emamt or'the Pnedrect .hap not exceed: S 27,550.00 per year. V. Payment of Services: The Receiving Perry shall pay Performing Party, or pay T'INtt as assignee ad servicing agent of orkrtmng Party's lacro t in the payment under this contras (as dwaadX for goods and union received upon receipt of a proper hrvoioe or voucher prepared by the Assigned Work Caner or TIBH within ddrry (30) days from receipt of tame. 1 Pat for services performed shall be billed monthly as outHead and services provided. VL Term of Contract Thu contract is to begin Aq 1.1944 and shat be teviewed annually of upon request of any ofthe contracting names TM UNDERSIGNED PARTIES do hereby co* that, (i) the services VoMed above ~ are necewry and essential for actititin that are properly vvithia the statutory functions t am, programs of the affected pastits of 1.4cal sod State Oovermoem, and (1) the setvica, srrpplov or Cootraot, are not required by Section 21 ofA tkJe XVl of the Conatittttiw of Taus to be wpplied under Contract given to the lowest reVansd:le bidder. A r t Corrtren Ntanber _ RECEMNG PARTY Re"hind Perry anther ced" twit it hu aahok to 0=43 Sur the ebaw urvir es by aathonq p"to Setxioe 122.003, Sety1w 122,003 , sad 122.0 t9, iaohtding but not Gaited to SoW n 122.007. Chaptor 122, i O*4 Resources Cc & City of LImptog, E&LU N Receiwioi Putt Authorized Soature Date PERFORMING PARTY The undera>aaei 4ulory for the Perfon*S Party hereby Mments end warrants that AV is a otSm of the orpttludoe for Alch &Aa hu waded this Cmmad; sad that the officer hat fall end complete etnbority to enter into this eodua on behalf of the Performing Party end hat lepai authority- to perform the activities provided for bersio. I Inc, Name ofPerfornift Party + Awhnrind Sipanva Date - CERTMING PARTY Teau ledaetries for the aw and HandicappA Igo. (TIDH taduateiea, tau.) AathotiaedSigtutate ter.°~ c' Dire S I , ATTACWCWT .3 C[TY or Dwrm ran MmooM CLtANR1O SHAY[ x MAVfM%= AGRZPWST OWSCTr,fZs The plu sere of Ais tao v" b r "P* moo moruh, egmvwm and u.rppealn w clue w (10) not oars If m I owned y dr Cbly of Dtow kwwe. relurtd a ar •Orea• of •C " 7b AMA,;rt re It pr rleeatd N dm hike erlee 0trinoacla MW on sobow. Aaslnk &W wlroaea rears M chmod M4bre 3 p.at Moody ON Nk) Marck'1lsmo Ww.No (Muck I Ammer 30 7ACI M rmtw CT a( UT. NO. CLEANDI0 per IN of Days Cbk Com, hm Day h town 5anet Pub Dear 197 McXtau Ark Da11y 1*1 FM Moon Prat Daly 147 Nerd Lekr abb soma eaptrt Miry 1%7 Nand Law Tak SoAkolYp am Duly 147 Em" Ark saamt0 Will 147 Muk hill ~ (5ad0 D y 147 ~ Mark Park SUOMI (Hard) Daily 14f The above No. of Dope If n ovda a ably e.A nbjm It abarq rk►w erica by arc r r Owrra. I( nay reareaw If cbud dw 10 e 1 1 (64tre), At Oeaur Will bD* IN GOWN m if aleoeies Is am mt oury. AC drky rMY M cerploard by 5,00 pm. as the Boys adtfalaQ (owW AtbWk Puke doll be dray It* to) p.le.p, SU"LMI- Alt oepptks andod to earepkrt AM eoWetl rkt0 be aappdkd by do Cormw. Soppliea m elewas, declm 1o Mu". rprty bottle, mm, slots, brier p w. PAW mvrclo, Ud 0" whalkowe" luau sseeo" !COPT! A9 ralroom beilWco sprit! be clutod k m ores Mau. TM Cwsraclor tkofl so by Ao h119.4 eark eb}eedwr. eaat■a aa..w PAQ11W! +roeo Ala+t+ a" 11.cuwet'Ldy dMar rArr~trM A/waW .pAfNle• i 6 I ' I.AIL I t ~Lr I FACILITY coaTMCT PAM per CULANNtM ~ Civic Cantor Ppk 19.00 Y l9~ • ~1,T73, • South Lekas Park 09.00 le 117 A1.773.°" McKennePark 19.00 Y 177 01, Fred Moore PMw 19.00 V197 161, 713." North Laksa Park Soft $A Compkx 19.00 r 1,17 • s 1.771 • I' North Lekea Pork lehtaA/Pionte 19.00 if 14 7 f 1, 77J. " Evan Fork Bes" 18.00 of 117 t F f 77).'W 0" Perk 8oftbe8 09.00 11117 t 0 1. 170 " Mack Pork 9evow ISWA) 40.00 y rST •I 111 Mack Pork BoosbW Worth) 11.00 X if 7'. / ).173.'6 Fastroom f0e0hisa for OWN mey be added or 0111011 by w+•Men amandmmt to the contract tpon ecknowWoerttent and "caution of such Imendmant by both parties. VANDALISM: The Comaraetor shalt rpon any graffiti on watls, inside or wit, of each facTtty snd/or any vondakm, inside or out, to the Parks Superintend" on the day of discovery. CONTRACT AOROWNW: Both parts" agree to ag forme and conditions of No eomrsot. Should Convector not "fiA eg apeoitieations stated within tf>!f egnernwit to Owner's sefafoatioN Ovmef reemos the right to t(Wminsle this W#Wem. I (we) u ndenisnd Ind shah w*Mki* accept an ob)eetivea and rodWsWAithe of this contract on this the day of 1988. CONTRACTOR: CRY OF DWON wnawr. Np" ij300 ab oWeg 4A *W0 7~nn awe 4o + I29L_.. I e. I k.. I t4woae aarw. to."'°"''r 7 r c. t ORDINANCE NO. _ AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR SERVICES PERFORMED BY BLIND OR SEVERELY DISABLED PERSONS IN ACCORDANCE WITH TIIE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (FILE 2353 • PURCHASE ORDER 93590, TEXAS INDUSTRIES FOR THE BLIND AND IIANDICAPPED • PHYSICALLY CHALLENGED SERVICES, INC. FOR PARKS LITTER CLEANING, $27,580). WHEREAS, Section 252,022 of the Local Government Code provides that services performed by blind or severely disabled persons tied not be submitted to competitive bids; and WHEREAS, the City Council has provided in the City budget for the appropriation of funds to be used for the purchase of the services set forth in the proposed contract, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: E SEL'TION 1. That the City Manager is hereby authorized to execute on behalf of the City of Denton, Texas, a service contract, which is attached hereto and made a part hereof for all purposes, that provides services relating to Parks Litter Cleaning with the Texas Industries for the Blind and Handicapped • Physically Challenges Services, Inc., in the amount of $27,580. SEA ON 11.11, That the award of this contract is based on the services under this contract being performed by blind or severely disabled persons. SECTION Ill. That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the _ day of 1999. JACK MILLER, MAYOR i ATTEST, JENNIFER WALTERS, CITY SECRETARY t APPROVED AS TO LEGAL FORM: e { t! c HERBERT L. PROUTY, CITY ATTORNEY HANDICAPPED-Lin ER ORDINANCE 8 r AW* Apt WA I Grp - AGENDA INFORMATION SHEET AGENDA DATE- April 6,1999 Questions concerning this acquisition may bed irected DEPARTMENT: Purchasing to Ed H xdrsey 349.8271 ACM: Kathy DuBose, Fiscal and Municipal Servics C9 SUWECT: AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR SERVICES PERFORMED BY BLIND OR SEVERELY DISABLED PERSONS IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMP71NO SUCH PURCI'ASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (FILE 2353 - PURCHASE ORDER 93389, TEXAS INDUSTRIES FOR TPE BLIND AND HANDICAPPED - PHYSICALLY CIJALLENG,sD SERVICES, INC. FOR PARKS RESTROOM CLEANING, 1 17,730). IIACJW&r2=- The Parks Department began contracting with representations of Texas Industries for the Blind and Handicapped last year. The utilization of disabled persons for park restrooms custodial duties has been very successful. REC03IbIENDATIOs We recommend award of a contract to Texas Industries for the Blind and Handicapped Physically Challenged Services, Inc., in the amount of $17,730. ESTIMATED SCHEDULE OF PRO.I Cis This contract is to begin April 13, 1999 and continue through November 30,1999. I ISCAL INFORMATION- Funds for this service are available in a 1998.99 budget account (100.038-0063.8502, Parka Department Special Services). CONTRACT INFORMATION- The contract's purpose is to supply labor, materials, supervision, and transportation involved In . / the daily cleaning of ten city-owned park restroorns. The contract would be effective from April 15, 1999 through November 30, 1999. Contracts for services or goods supplied by the blind or severely handicapped are exempt from the bid process as per Texas Local Oovernrtent Code Chanter 252.22 Section 13. 1 t k AGENDA INFORMATION SHEET APRIL 6,1999 PAGE 2 OF 2 Respectltilly submitted: Tom Slaw, C.P.M., 349.7100 Purchasing Agent Attachment 1: Purchase Order 93599 Attachment 2: State Use Contact Attachment 3: Maintenance Agreement t 191.AGENGA ` r 1 I ' .A z t PURCRASEi ORDER 140: 93589 TNIS IS A This numbs must appow on all CONFMMINB mm invoices, delivery slips, mos, Of MARKED1 erne., boxes, PaaAlnp slips and bros. DO NOT DUPLICATE s+ laa4 Na Did Na Dax 03 18 99 Pape No 01 CITY OF DENTON TEXAS PURCHASPIG OIVISION 1201-1 TEXAS STREE} 1 OEMTCAy TEXAS 70201-4364 F+ 94 013 49-7 1DD O1FVV WETRO Sl71267-0042 FAX 0401340-7302 VENDOR TEXAS INDVSTRI28 FOR BLIND i 1/ISN tlts City 01 DudOn's Webege s1 wwwAlty0lde010"om NAME/ HANDICAPPED INC. (TIBH) OEIIVERY CENTRAL RECEIVING 804 ADDRESS 300 HIGHLAND NALL BLVD,STI 302 ADDRESS PARKS i RECREATION AUSTIN TX 78782 901-8 TEXAS ST DEYTON, TEXAS 76201 VENDOR NO. TEX48050 DELIVERY OUOIED 09 30 99 FOB DESTINATION BUYER T8 TEAMS 001 17730.000 f0 VENDOR CAT. S N / A NDO NAVE 1.000 17,730.00 CITY / 'IS00 PARKS RESTROON CLEANING SERVICE XAINTINAKCI (818 AGREEMENT) PER SIXTH CONTRACT. w P WE TOTAL 1 17030.00 OR ND TOTAL a 17,730400 Ol 100 038 0063 8502 170730.00 VIND011 11tTAUCiI f , Y 1 Tams - NN 10 Wow .ep.IN NwM.ll Jill-, d~ 4. inW4 MsOaetlaa 10.1 Desaertlen Nr~N "64441 1 sill u • kth+9 t, Ne Isdad a suu alit ra be s teed Wow kweh4lool"I-42h III ►rkos Wed. oNC Y M Dorton. f A7TACIDtM 2 Contract Number: State Use Contract This contract and agreement is entered hno by and bctwsen the Recciving Party and the Performing Puty (Assigoed Wort C-0nter) purwant to ibe Authority granted in compl act with the provisions of Chapter 122, Hu.. Resources Code, and certified by Tent Industries. for the BI'md and Haadiupped (TIBH Industries, Inc.) as a contract in wmpliaaae with the provisions of Cbapta 122, Human Resources Code. L Con"tting Parties: Receiving Party: City of Dalton • Mr. Robert Ticimer 321 Fast MCK=cy Denton, Tons 76201 Pt:rfortning party : Physically Chan=ged Services, Inc. 13300 Old Rlsoco Road, Suite 160 San Antonio, Texas 18216 IL Statement of Services to be Performed: Parks Restr as Cleaning Service Maiateaaace (See AlMebtat) M. Basis for Calcalating; Rtivebraraable Coats: See Bid Proposal N. Contract Amount- $170730.00 The total amount of the Contract atitl not exceed: S 17,730.00 per year. V. Payment of Services: The Receiving Party shall pay Performing Party, or pay TIBH at assignee and soricisg agent of perforating Party's interest in the paywnt under this contract (at directed), for goods end tervices recehtid upon reo* of s proper invoice or vouther prepared by the Assigned Work Center of TIBH within thirty (30) days from teceipt of same. Payment for smiccs perforated shall be billed monthly as outlined and services pro,v3ded VL Term of Contract This contract Is to begin and Abell be reviewed annually or upon shall be reviewed aonuany or upon rev** of any of the eootroctiag Porttes. THE UNDERSIGNED PARTIES do bereby certify that, (t) the services specified above are nccetstry and essemid for activities that are properly within the natutory 5mcdont r and programs of the affected panda of Local ad State Govttwnant, and (ii) the services, r I applies or Contract, are not required by Section 21 orArticle XVl of the Conothudoo of Texas to be supplied tmde, Contract given to the lowest re"shk bidder 4 Cothtract Number RECEIVING PARTY Recehial Pa:, fluor ceM, - that is has autbo&y to coon for the above senicct by auh when grantod In Seaton 127.005, 3ec+;ou 122.004, sad 121.017, toclading but not limited to Section 122.007, Chapter 122, Humn Resources Code. Ciro of Denham Parks and R%MtiOn Dente Nause of Rec"S Party AuthorEW SlWture Datc PERFORNUNG PARTY The undersigned *uory for the Performing Parry hereby represents and warrants that s/he is a o4ieer of the organisation for %%kh aba has oututed this Contract: sod that the offim has fall and covTW authority to enter into this cootnct on behalf of the . Performing Party and his legal authority to petfrm the activities prwMed for herein. epyica%L hapmied Services, Inc Name of Performing Party Autho+ia'ed Si~nuure ! Date I CERTIMNG PARTY Texas bd;wies for the Bind rd Handicapped, hr. (TMH "*ks, too.) f1 A, AuthoemdSlgaanue Date S r 1 V AWACIINW4t 3 CITY OF DTAgWN PARKS L2TM CLEANING VVIVICB MARfWANCE AGREEM'►W OVECTIVt3r TM purpose of Qua tonroa h to supply labor, mistrials, supervision and transportation to clan doe sires owned by the City of Demon hereinafter referred to at 'Owner' or 'City'. The parks are w be cleaned on the followin; fretlomict based oo season: April Threvo October (April I - October 30) PARKS 1F "UENCY of EST. NO. CLEANWO per WEEK of Days Is Put SoAbaUlPlays odad M,To.W,Th F 152 Evers Park Baaebdl Complex M.Tu W,Tt. F 1S2 , Mack Park Baubtll,Nosdt M,Ta,W,Tb,F 152 Mack Park BurbdUSoa ef.Soath M,Ta,W,Tk,F 132 North Lakes 3oftl all/Seaer Complex M,Tv, W.T3.F 132 North Lakes SofdWUPic * Complex M,Tu,W,Tb,F 132 Fred Moors Park M, W. F 10S McKenna Park M, W, F 10S Owsky Park M, W. F 1o5 The above 'Est. No, of Days' is an estimate only and subject to change without notice by the Owner. All cleaning shall be completed by 5:00 p.m. oa the days scheduled. SUPPLIES: I All supplies needed ro complete this eontracl shall be t9pplkd by the Ctmtrsesor. Supplies am bap, hand tools dt bronmt whisk peat 9r debris handling tools, and other miscellaaaous items as needed. SCOPE: All park factlitks shall be ekarW In the time manner. The Contractor ahdl gj by the foUowbtt work objectives: 1, Remove aU rider and debris from cub park to creau a litter-fece tens. 2. Liner std debris can Include but Is am limircd to soy Introduced pfodaei not normally Low Wed with natural park Nxtiotu. Natural work debris sboutd include tree limbs or branctaa, Korn) or nuu, leaves. weeds, and oWu oriliank debris. Any debris from park stwctures all also Urcr awft sav1n Mabow Ayewrnt t \ t. PAGE I. r I i r PARKS CONTRACT MW /K CLlAWA 1 Dens Perk SoftbeS+P WWOXd (4 ecrW 120 ~ N 014 00 EvW perk rleeball Complex 120.0" w Y Is). facto Mock Park BMW, North IS sera) 120 r /m ' /3, a Mack ftrk IySooW.SwtMe sues) 020 l is A Y eta'' North Lom Soft eNjoocw Coffv%x (24 scroll 020 y 15; North Lakae 60601WIC ie CWMI@ I5ee(esl 120 15> ~3oV0 N 120 . /0.1 -6100• Fre•! Moon Perk 17 acres) .100 « MCKer" Park 120 acres) 120 to Owday Pork 1.3 ecru) 1120 /OS .j~7esg.' r~ Park and park was$ for cloning may to Wded or deleted try %v tton OnWWm&m to the contract upon acknowwsdgernent and execution of such etr»rKtrw.nt by both ponies. VANOALIAM: The Contractor shall report any grvM6 on weal. Wk strumme endlor any wrdaUn% inside or out, to the parka !wpagntendent on the day Of (Ascovery. CONTRACT AGREIEMENT Both parties %raa to as temra and conditions of this contract. Should Contractor not fulfi0 e1 specifications stated within this agreement to Owners "Wsction, Oww reaerws the right to terminete this agreement. I two) understand and shall w110CIy accept an objectives end responslbIlides of this contract , on this the dsf of , 1996. CON?MCTOR; CITY OF 004TON ~l,rnjr~~teirdW~i~ _ ~0"''"`~I sue , 13300 LO ~g.k+o I bc7~- rw R.,» ae (zip) qlk~ .1.112, fno' No r fyx No I re War OmmUs Srep eW 1 waaete ASmew r ` 4 r 7 i ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR SERVICES PERFORMED BY BLIND OR SEVERELY DISABLED PERSONS IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (FILE 2353 • PURCHASE ORDER 93589, TEXAS INDUSTRIES FOR THE BLIND AND HANDICAPPED • PHYSICALLY CHALLENGED SERVICES, INC. FOR PARKS RESTROOM CLEANING, $17,730). WHEREAS, Section 252.022 of the Local Government Code 1rsvides that services performed by blind or severely disabled persons need not be submitted to competitive bids; and WHEREAS, the City Council has provided in the City budget for the appropriation of funds to be useet for tha piuchase of the services set forth in the proposed contract, NOW, THEREFORE, THE COUNCIL Oi THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Manager is hereby authorized to execute on behalf of the City of Denton, Texas, a service contract, which is attached hereto and made a part hereof for all purposes, that provides services relating to Parks Restroom Cleaning with the Texas Industries for the Blind and Handicapped • Physically Challenged Services, Inc., in the amount of $17,730. S£GTION 11, That the award of this contract Is based on the services under this I contract being performed by blind or severely disabled persons. SECTION III. That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of _ 1999. JACK MILLER, MAYOR y ATTEST: ?ENNIFER WALTERS, CITY SECRF GARY APPROVED AS TO LEGAL FORM: t HERBERT L. PROUTY, CITY ATTORNEY ! Jf l HANDICAPPE MESTROOM,ORDINANCE t i. i $WOW W-O/ AGENDA INFORMATION SHEET AW4& n1m AGENDA DATE: April 7, 1999 DEPARTMENT: Parks and Recreation Department CM: Michael W. Jet, City Manager 95 SUBJECT Consider an ordinance of the city of Denton, Texas, authorizing the City Manager to execute a contract with the Denton Independent School District and all additional documents and agreements, as required, to obtain funding for the 1999 Summer Food Service Program; authorizing the expenditure of funds to administer the program; and providing an effective date. BACKGROUND This free lunch program is designed to service children in areas of low-income populations during the summer months when traditional school lunch programs are not being served. This program is -ponsorcd and funded by the Untied States Department of Agriculture, Food and Nutrition Service, This Summer Food Service Program is a continuation of the free lunch program that is offered during the school year. The Texas Department of Human Services has made an efTort through outreach to increase the number of cities participating in the program. Cold sack lunches will be prepared by the Denton Independent School District and wrved at the following locations 1) MIX Recreation Center, 2) Phoenix Park, 3) Denia Park, 4) Civic Ccntcr Park. 5) Owsley Neighborhood, 6) T15'U Clubhouse Program, 7) Village East Apartments, 8) Fred Moore Lcaming Center, 9) Rivera Elementary Summer School. The total estimated cost for this program is afproximately $50,284, which is reimbursed by the Texas Department of Human Services, The Parks and Recr.ution Department first offered the Summer Food Service Program in 1992 at Dcnia Park, Phoenix Park, Fred Moore Park, Civic Center Park, and Iwo summer school locations. At these six locations a total of 14,776 luncl-ws were served to children 1 through 18 years of age. The Summer Food Service Program expandol to eight locations during the summerof 1993. The additional locations were the TWU Clubhouse Program and the Owslcy Neighborhood, The total number of lunches served throughout the summer was 14,748. In 1994 the Village East Apartments were identified as a low-income area and 1•ccan3e a Summer Food Program Rite. Through the sunvncr 15,094 lunches were served at the nine sites. In the 1995 the nine summer food sites served 15,585 lunches at a cost of 532,712, A slight decrease occurred in 1996 because the two summer school sites were enrolled sites with lower attendance. In 1996 the nine summer food sites served 13,511 lunches al a cost of 530,111. In 1997 the Boys and Girls Club requested to be part of the i, summer food program, The addition of this tenth summer food site Increased the number served to 17,609 lunches at a cost of 338,342, In 1995 the ten summer food silos served 17,843 lunches at a cost of$38,535. I r M u OPTIONS Approval of the contracts with the United States Department of Agriculture, Food and Nutrition Service and Denton Independent School District in its entirety. RECOMMENDATION Staff recommends approval of the 1999 Summer Food Grant. ESTIMATED SCHEDULE OF PROJECT E Summer lunches will be served from June 1, 1999 to August 6,1999, No lunches will be served on Monday, July S, 1999 In observar.. 'he Independence Day Holiday. j PRIOR ACTION/REVIEW (Council. Boards. Commissions) The Denton Independent School District recommended approval to contract the preparation of cold sack lunches for )his program when the issue was presented to their board on March 23 1999. The program is scheduled for implementation on June 1, 1999 FISCAL INFORMATION The Texas Department of Human Services will reimburse all costs associated with the program. J)ID INFORMATION Not applicable. l4IAP The attached map provides highlighted Information on which areas are eiigi;?e for the Naf;onal School Lunch Program, RESPECTFULLY SUBMITTED: Ed Hodney, Directo Parks and Reereati n Department Prepared by: Kathy Mosby uperintende t c Parks and Recreation Department 2 tLCC IF t!LU MO STUART RD NEPTO JEST APOLLO ST FF N W IITON,4T S LN ; RINEY y?J ` ~j CA WEll9T r 3 µOUSLN, ~e >ii El4 ST 4 Hod E. t► M ORIF ODD L g tL @~ 3~ Wt G NA DRS OAK STf~ AR HfRT 4 ZZ ILLIA MSB RD BT a N O SThAT 9-r i IN OOO DR F St TWILKIHT DR app LL9 C DELL T W ZZ SV! 4 M INDEN R O SENA EOAN 4 SARNE DR . 02 F?QO WiARKIN Q. AK ST PE Y BO0 LINK LN E HI r' x It T 1e , K: HIGH DST i r. ti4 9 ; i ~ ~f; gg T'MArC ; Y „SMIt F1 /R ISSO RD . SPENCER RD, ~ 5 pj N gS, , p FOSTER ✓ RBINORDE WAY _ r S1 CAlldrnn 0.1AT'6f Aovsrly, by Mock Group . K410% H IT MI u 534NST S~ KOR4 0 .00 1.0 Z.4 B HOPS PARK L 1-- lM Teaaa- % Children 0.16,c 185% of Poverty, by Block Oroup (H 6011 60.100% _ Other RIFSr STUART RD 0 .60 1.6 2.4 MKee NEPTUNE ST _ Food Research and.Ac llon ContN, i m, 6Curt}:, 1 N0 Conn a_.,.. APOLLO s r HARRISON CT Denton, TX ILN 0 ILTON ST 3 RINEY 3 C "ELL ST w ER sr T. H aa+ st , _ J G S ORIF 000 Z t $PAYNED W C NAD DAL EOAK T1•N. AR HERTR t ILLIAMS6 RO ST I sH ~ W vl ~ r~j Si1iAT ST IN 0000F! 4 8 ® f ST U8 HWYno OA O[ CL DELL T s N 48121040. Fi INDEN R 1E~A I ~ ! + BARNS OR SENA EtlAN, P . 21 I 1oyra ' l , , , qQ0 MEA OwlA W 11 Ca 1'." 1 t'AK it Y p 808 LINK y 4%, r d Hl 11 w 211 L r r1' 461910208 1A ~a COLE IUD JOHN CARROLL RD V5' btl 3 Q <1 SPENCER RD AP RD U 4p 7 ~ A a Y CORBIN RD O00DSE wAY t, 0 I SUMMER FOOD SERVICE PROGRAM AGREEMENT STATE OF TEXAS { COUNTY OF TRAVIS The Tom Department of Human Swim, herelnafla referred to u TDHS, AND City of Denton, Texas, A Texas Municipal Corporation at 213 E, Mottinney, Denton, Texas 76201 hastnafler referred to as the oom mm, do hereby make sad enter Into this contract, is requtrad by the National School Lunch Act (Section 13) and the Summer Food Service Propm henafla referred to as tM SFSP, Federal Regulation (7 Code of Federal Reguladom (CM), Pat 22S). L MUTUAL AORESMIi M The Parties mutually agree: A. If the contractor fide to provide services in aooordete with the provision of tbis contract, the Department may, f upon written notice of defiutt to the contractor, immediately, terminate the whole of any pat of this oomtrod and reties to par claims for reimbursement. Such tenalmndom "or reAual to pay claims fa mimburme mt shat not be emehaive remedy but shall be to addition to any other dAw and remedies provided by law under this contract H. In federal ad elate lawn or other raqulramems are modal orludkWly interpreted so that the continued llt11111mmt Of We contract, Or the W Of elthea party. It subdUtia0y tmreasombie of lmpoeeibls, at If the paces are unable to apace upon may amendment which would therefor be meeded to cable the substantial continuation of the servioa oow=pWW by this contract, thm the parties shall be discharged Enm army Anther obiiptioms created under the tams of this oo-ad, except for the equitable suWand Of the respedivs scented It WW or obliptio0s, including audit Andinga, incurred up to the date of termination C. This eontrad may be aocalsd by mutual consent. How", if 0rch mutual oomsmt can" be attaind, the and in that event, either party to this contract may be consider it to be aaceld without mm by givinj (30) days mods l0 writing to the other party and this contract shall be thereupon be cot led We the expiration of such (30) day Par Nothiog la this psngrapb shall be crost ud to prohibit immediate caoceWdon pursumi to above paragraphs A aodlor 13• i Rev 2/98 S c M CI NU PIGFITS POLICY COMPLIANCE A. The con"ctor aptoo. to comply with Title VI of the CIVU Rights Act of 1964 (Public Law 88.352), sad all requirements imp>sed by the regutsdonr of the United States Department of Agriculture (7 CM Parts I S. I Ss Pad I Sb) Department of Justice (28 CFR, Pats 42 and 50) and USDA and TDHS ditrcdvu or regulations issued pursuant to that Act or the reguladons, Section 504, FNS of the Rebabilitwoa Act of 1973 (Public Law 93412 The Americans with Diwbilitiee Act of 1990 (Public Law 101336), Title IX of the F.ducedon Amendments of 1972 (7 CFR Part l 5s), the Aye Disefiminadon Ad of 1975 (Public Law 94.135), and all amendments to web, and all requirements Imposed by the mVA@dons Issued pursuant to these acts. In addsdon, the contractor ayrow to comply with Title 40, Chapter 73, of the Tau Administrative Cade. These provide in part that no persons In the United States shall, on the pvmds of rue, cola, national odg{n, sex. age, disability, political belich or religion be excluded Aom participation 1% or denied, any ald, care, service or other brmefitsprovided by federal And/or two Rending, or otherwise be subjeaed to discrimtasdon under any program or actM y for which the contractor t"ves federal 6wncial assirtance from TDHS and USDA: and hereby gives Ut z& rte that It vin immediately take say manures necessary to effect we this ageeement. The contractor also agrees to comply with Health and Safety Code Section 85.113 (reladog to workplace and oooAda tWity guidelines regarding AIDS sad HIV). The contractor hereby gives assurance that it will immediately take any measures aeceswy to effectuate this agreement 8. This assurance Is given in cow ideation of and for the purpose of obtaining my and all federal Saancial assistance, pints sad lose: of federal funds, reimbursable w"ditures, Sant or donation of federal property or iowoot! In such property, the &Wl of federal personnel, the sale and Ism of ad the pe:mW ion to use, federal properly or Worert in Patel property or the Mnishing of services without consideration or at a nominal considersti,^ or at a consideration which is reduced for the purpose of LaisW4 the reciplank or In reoognidoo of the public Interest to be served by such sale, lens or furnishing of services to the recipient, or any improvement m de with federal finmoial assistaocea nW ootbeoanaa by TDHS. This inchhdes my federal agreemea; arrangement, or other omb" which has u one of its purpow the provision of assistance such u food, crib aoolt ce for the purchase of food, rental of food servIctNuipmea: of any od w &A=W assistance extended in reliwe on the repreantadon and apeem" aerie is this assurance. 1 C. The contractor sg%cs to compile data, maiaula records, and submit reports as required, to permit effective enforcement of the above Acts sad permit authorized MRS, USDA, and FCS (Food end Consumer Service) personnel during normal working hours to revi ew web records, books, and sooamts as needed to Ascertain compliance with the above Acts. if that are any violations of this assurance, TDHS. USDA, and FCS has the rlyht to mokkAcW eafmomett of this assurance. This ass%mce is binding on the Contractor, its successors, transferees, and usigaees u long u it receives assistance or retains possession of my assistance from the deputrveat The person whosesigbtaeappese oothlseormad is authorized to sign this assurance on bebalf of the Contractor. 14 Page 3 Rev 2/98 r CERTIFICATIONS A. Immigration Reform and Control Act of 1986 • The cot.tnctor agrees to comply with the requirements of the immigration Reform and Control Ad of 1986 res iding employme u verification and retention of verification forms for any Individuals hired Litt Novemba 6, 1986, who will perform any lab,*,r or services under this contract. i I 8. Regarding Debarment, Suspension, Ineligibility, c! Voluntary F.ulusion For Covered Contracts • The contrador certifies, by execution of this aVvemem, that oaitha it nor its principals is presently debarred, suspended, proposed for j debarment, declared Ineligible, or voluntarily excluded from participating In this contract by any federal department or agency or by the State of Texas. By maidag this caBfiadon the contractor agrees to the following terms; 1. The above certification G a material ngwountadoa of fad upon which reliance wu placed when this contract was artered taro. If It is late: determined that the contractor kwwlasly rendered an erroneous certification. In addition to other remedies available to the federal pvommeot, the De wwxd of Health and Hamm Services, United States Department of Agric+dttue or other federal deparened or egacy, or the Tom Department of Human Services may pursue available remedies, Including suspension and/or debarment. 2. The contractor shall provide immediate written notice to the person to which this ceMostion Is submtted If at any time the contractor learns that the cardfiadon was wroneau when submitted or boa become at sousby reason of chmged e{:ctumstances. 3. The words "covered contract," "debased," "suspended," "ineligible," "partio;pumt.- "person," "ixincipa4" "pnopoaal," md'wohmtarily exchmdad," u wed in thla atifiatioa have mesnfnp bared ups muaiats lm tha Definitions and Coverage secdow of federal rules implamentinE Executive Order 12549. Usage is u doflaed In the attacbmeat. 4. The contractor agrees by submtttl this catli ation that, should the proposed covered contract be em id into, it a" not knowingly enter Imo any suboontract with a person who Is debarred, suspends i, de.-WW Ineligible, or voluntarily excluded from participation In this oovaed transaction, unless authorized by the Department of Health and Human Services, United States Departmed of Agriculture or other federal department or agency, and/or the Texas j Department of dumm Services, as applicable. S. The cootr &or further agrees by submitting this certification that it will Include TDHS Form 2046 titled "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion for Covered Contracts" without modification, in all covered subcontracts and in solicitations for all covered subcontracts. 6. A contractor may rely upon a certificadon of a subcontrutof that is rat debarred, suspended, ineligible, or i vohmtarily excluded from the covered contract, unless it knows that the certification is erroneous. A contractor must, ai a 4 , minimum, obtain certifiadons From its covered subcontractors upon each subcontract's initiation and upon each renewed, ! Page S Rev 2198 7 f u c VL EFFECTIVE DATE AND SIGNATURES i For the faithful paformaoce of the terms of this cowul, the panda hereto to th& cepaeitiae elated, affix their sipat m and bind themielva. City of Denton Mane of CownctinS Grp isation (Plew hint or Type) NOW SW;-m of the Awhod:ed Repnee dwive of the ooobsdq orpatatift Hiehael We JOB Neat! o Awhorizd Rpreseafattw OHM oonhscexi orgaairadoa (Plow Plat or type) City Manager Title of the Awhcrited RW*owm ve of the ooat udol orpatsadon JI Pleme pdw or type, to the specs p ovided above, the nome and the of the suibmind npneemative 11x* the NPINSI d , on behalf of the ooatnc ft orpt.i:atlon. P X Effective Data: tbroush By: Datr. TDHS Rapraeala " Paie 7 Rev 2198 8 L c State of Texas County of Denton AGREEMENT TO FURNISH FOOD SERVICE CITY OF DENTON and ' DENTON INDEPENDENT SCHOOL DISTRICT FOOD SERVICES THIS AGREEMENT is made and entered into by and between the Dien Indent School D.iattlel and the City ofDenton both ofwhom are focal governmental end ties authorized to enter into interlocal,agreements under Chapter 791 of the Texas Government Code, (Vernon 1994) Whereas, the interlocal agreement contemplates the performance of function or services that each party to this contract is authorized to perform individually. Whereas, that the City of Denton is making payment under this agreement which it is funding from payments from current revenue; whereas, the payments provided by the City of Denton are in an amount that fairly compensates the Denton independent School District for the services that it is , performing. Witnesseth, 1. Provision of Meals Denton Lndenendent School District agrees to supply unitized meals Inclusive of milk and juice to the Cry of Denton Pars add Recreation Deoartmenl, at the MLK Recreation Center, Phoenix Palk, Denia Park, Civlc Center Park, Gwsley Neighborhood, TWU Playhouse Program, Village East Apartments, Fred Moore Learning Corner, Rivera Elementary Summer School, and with and for he rates herein listed; Breakfasts 5 O.OO each Lunches ,,,,,,,.5 l.tiS each Snacks S 0,00 each Supper S_Q.QQ, each i r t, Ri II. Menu Records It is further agreed that the , nton nd endent Sch +nl Dis r; pursuant to the provisions of the Summer Food Service Program Regulations, a copy of which is attached as Exhibit "A" and is part of this agreement, will mature that said meals meet the minimum requirement a to nutritive value and content as outlined in the U,S.D.A.'s Sponsor Meat Preparation Handbook, and will maintain full and accurate recordings of such, Including the following: 1, Menu Records, Including amount of food prepared, 2. Meals, including daily number of meals delivered by type. Ill. Retention of Records These records must be reported to the Institution promptly at the end of each week. Dm Wm Itldg=dent School District agrees also to retain records required under the preceding clause for a period of three years and 90 days after the end of the contract period, If audits, claims or litigation have not been resolved, all records must be rcWned beyond the required time period until all issues i are resolved In accordance with the Summer Food Service Program Agreement between The City of Denton and The Texas arbnent of Human Services. W. Compliame With Immigcaflon Laws the Denton ndtyendent School District agrees to comply with the requirement of the immigration Reform Control Act of 1986 regarding employment verification and retention of verification fo.."rns for any individuals hired after November 6, 1986 who will perform labor or services wider this contract. 1 V. AUL The D=ton e m ndent School District agrees to allow for purposes of audit, examination, excerpt, and tran.~cripdon; the USDA, the Comptroller of the United States, D.S. and any of their suthorized representatives to have access to any of the contractor's books, documents, papers, and records that ~ are pertinent to the contract. 10 C, VI. Energy ffi£nv The Denton ndWrideal School rji&~, agrees to comply with the required mandatory standards and policies concerning energy efficiency contained In the Texas Energy Conservation Plan Issued in compliance with the Energy Policy and Conservation Act (P.L, 94.163). VII. Remedies For Breach of Contract The Denton Independent School Nalriel agrees that except for small purchase contracts, it will comply with and enforce provisions that allow for administrative, contractual, or legal remedies if contractors violate or breach contract terms, and any appropriate sanctions and penalties. VEIL. Com; ee W£th Labor Regy( icy The Denton nd0jWrnt School D£atr£ct agrees to be in compliance with Section 103 of the contract Work Hours and Safety Standards Act (40 USC 327.330) as supplemented by the Department of Labor regulations (29 CFR, Part S). Under (his AM contractors must compute the wages of mechanics and laborers on the basis of a standard work day of eight hours and a standard work week of 40 hours. Work that exceeds the standards must be compensated at least 1 `/r times the basic pay rate for overtime hours worked, These requirements do not apply to the purchase of supplies or materials ordinarily available on the open market or contracts for transportation. IX, The Denton Independent Sc},, " agrees to comply s.;th Executive Order 11246 entitled "Equal Employment Opportunity" as amended by Executive Order 11373 and as supplemented in Dcpartment of Labor regulations (41 CFR, Part 60). i X. Compliance With Laws The Denton ndepSndent School D''gri t agrees to comply with all other applicable laws, Including l without limitation, any additional applicable Federal Laws or regulations contained in theme Food Program Agreement between the City of Denton and the Texa D_ epA=jj of Human Services. i I li c . XI. BCmsatlr.Eot&~ch If the Denton Ln cM lent School District failx to provide services in accordance with the provisions of this contract, the City of Denton m^y, upon written notice of default to the contractor, immediately terminate the whole or any part of this contract X11. ConmiderAtion The iii; e j nton agrees to pay Denton Irndneendent School District for all meals ordered on a daily basis at the rate agreed upon in this contract, I X111. Jim The agreement shall be effective as of June L 222 and shall have the same term as the Summer Food Program Agreement between the City of Denton and the Texas Department of Human Services. It may be terminated by uotiee in writing given by any party hereto to the other parties at least 30 days prior to the date of termination. XIV. YMM This agreement shall be interpreted in accordance with the laws of the State of Texas. Any litigation filed with regard to this contract shall be tried In a court of competent jurisdiction setting in Denton County, Texas, IN WITNESS WHEREOF, the parties hereto have executed this agreement r. of the dates Indi below- Agreed to this dale Agreed to this date------__.... ~ Sponsor Official __.._School Sponso. Titles --_City Mims per Title b1SD S h~ool isQ~QPr"Iden 1 12 r n t, I i The location of the food preparation site will be. Riven Elementary School 701 Newton Denton, Texas, 76205 k APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY. a- i I 13 r , t i I i 4,NOlM lLwOiwvMrr, Mil r.4~+ ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION UNDER THE NATIONAL SCHOOL LUNCH ACT TO OBTAIN FUNDING FOR THE 1999 SUMMER FOOD SERVICE PROGRAM; IF SUCH FUNDING IS GRANTED, THE CITY MANAGER 1S AUTHORIZED TO EXECUTE THE SUMMER FOOD SERVICE PROGRAM AGREEMENT WITH THE TEXAS DEPARTMENT OF HUMAN SERVICES AND EXECUTE A CONTRACT W1111 THE DENTON INDEPENDENT SCHOOL DISIMUCT AND ALL ADDITIONAL DOCUMENTS AND AGREEMENTS, AS REQUIRED; AUTHORMIN1.1 THE EXPENDITURE OF FUNDS TO ADMINISTER THE PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas will submit an application for funding under the National School Lunch Act, to the Texas Department of Human Services for the purpose of matdng meals available to eligible children at the City's Summer Action Site programs; and WHEREAS, pursuant to the grunt, if received, the City will contract with the Denton Independent School District to provide the meals at the various sites; NOW, THERETORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS, SECTION 1. That the City Manager is hereby authorized to execute, on behalf of the City, an application for funding under the National School Lunch Act, and if horded, the Summer Food Service Program Agreement with the Texas Department of Human Services, a copy of which is attached hereto and incorporated by reference herein, along with any other documents and certificates necessary to obtain such funding. SECTION II. That the City Manager is hereby authorized to execute a contract with the Denton Independent School District, substantially in the form of the contract which is attached to and made a part of this ordinance !or all purposes, to provide meals for eligible individuals at the various sites, and such other documents and certifications as are necessary to carry out the 1999 Summer Food Service Program, if such program is funded per the temps set forth In Section I above, and to handle all fiscal and administrative matters relating to the application and the program SECTION 111. That the expenditure of funds necessary to administer the 1999 Summer Food Service Program Is hereby authorized. SECTION 1V. That this ordinance shall become effective immediately upon its passage and approt al. PASSED AND APPROVED this the day of .1999. ' JACK MILLER, MAYOR 14 i 4 I i I i I ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY I / I J r F J rY' A 4C, 1S 1 G fw~ G!M^M fMn elel I . rJ 1Aern a~Mr M" l ell 4 SPECIAL NUMnON PROORAM CERTIFICATE OF AUTHORITY TAN N to eertly the the foltowing person(*), E Michael W. JOB City Manager X aMwr►~rorl aynr«ede r mmamww X N(wo) deelgnated Be an Audminod RepmeenlaM W CLt of Danten *am Awl 321 E, McKinney--- Donton Texas ! f TM ropnanhtlYe(e) designated Offs, end myuN are au wbw on tehe" of tla *6MmVn4 ergambatten to mots wrNt n awnsmenis wRh ow Texas DepubmM of Duman sojv to epm- a loud DrsEmff, is we ""Ms of n 1ou1IM nemerN and to eN4na for minliWoolent, whom rep to the dopilawL Michael W, Jet city Manazer X r DILETIQ A MORM RIPRESEMlAM981, A oenboeW+I ""Maw" may net hove mare than om (f) Au hoftod Rep esom""o, bwkwN tM omew of ra CO*,wrj Asenep. " You an re~N~hy of defy an TIe ew• Auftem6d MpnuMatlro Mt V* MAO) 0100 s) to W removed as A 49== 1 knMfM( a) pow* r gum" rwp~ Ted Eenevides fCR OHS uftMY k T%• f 16 II! r a AW41 NMI- AGENDA INFORMATION SHEET AGENDA DATE: April 6, 1999 DEPARTMENT: Parks and Recreation CMIDCM/ACMt Rick Svehla, Deputy City Manager' SUBJE~ An ordinance naming the new pedestrian bridge in the Civic Center Park within the City of Denton as the Festival Bridge; and providing an effective date (Exhibit 1). BACKGROUND The Denton Festival Foundation has requested that the new pedc"an br,Ige in Civic Center Park be nam %d the Festival Bridge, recognizing the important events hosted at the park each year. A copy of the Foundation's request is attached (Exhibit 2). By Resolution No. R97-003 (Exhibit 3), the City Council approved a policy regarding the naming of parks and park facilities in January 1997. This policy requires that the Parks and Recreation Board consider all naming requests and forward its recommendations to the Cit) Council for final approval by ordinance. OPTIONS The Council may elect to establish a different name for the bridge, or choose not to name 1 the bridge at all, RECOMb1E ATIO~ It is recommended the City Council approve the proposed ordinance, as presented. PRIOR ACTION/REVIEW i On November 16, 1998, the Parks and Recreation Board unanimously approved a motion (3.0) that the Civic Center Bridge be named the Festival Bridge, as requested by the Denton Festival Foundation. A copy of the board minutes is attached (Exhibit d). FISCAL INFORi1IATION l No expenditure of City funds is required by this action, Page I G (s EXHIBITS 1. Proposed ordinance 2. Letter from Denton Festival Foundation 3. Naming Policy 4. Park Board minutes Respectfully submitted: Ed Rodney, Di ctor Parks And Recreation Department Page 2 { I I c1 EXHIBIT ORDINANCE NO. AN ORDINANCE NAMING THE NEW PEDESTRIAN BRIDGE IN THE CIVIC CENTER PARK WITHIN THE CITY OF DENTON AS THE FESTIVAL BRIDGE; AND PROVIDINO AN EFFECTIVE DATE. WHEREAS, the City Council passed Resolution No. R97-003 on January 21, 1997 setting guidelines regarding the naming of parks and park facilities; and WHEREAS, on July 22, 1999 the Denton Festival Foundaticn requested that the Parke and Recreation Board give serious consideration to naming the new bridge in Civic Center Park "Festival Bridge", due to the many culturally diverse events which take place in the Park; and WHEREAS, in accordance with these guidelines, a "Naming of the Bridge Committee" composekt of Date Year to and Dalton Gregory recommended to the Parka and Recreation Board the name of "Festival Bridge" for the new pedestrian bridge In Civic Center Park; and WHEREAS, the Parks and Recreation Board, at is November 16, 1999 meeting approved the recommendation and recommends to the City Council for its consideration the name of "Festival Bridle" for this facility; and WHEREAS, the City Council has determined that it would be proper and fitting to name the bridge "Festival Bridge"; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION L. That the new bridge in Civic Center Park located on the south end of the , Park shall now and hereafter be known and designated as "Festival Bridge". SECTION 11. That this ordinance shall become effective immediately upon is passage and approval PASSED AND APPROVED iNs the day of____, 1999. JACK MILLER, MAYOR ' r Page 3 0 ATTEST: JENNIFER Wi,.I.TFRS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY I ell BY: ~ i l {W dywvMQdiutai011Nr4 M41 b 1 I v i 03 Page 4 t r, D E N T O N UNIBIT F E S T I V A L TI I, OR) July 22, 1998 JUL t 4 1998 Ed Hodney Parks 6 Recreation Board 321 E. McKinney Fl+PK ;;FCREAN14 Denton, Texas 76201 Dear Ed 6 Parks Board, On behalf of the Denton Festival Foundation, Inc., and the Board of Trustees, we are requesting that you give serious consideration to naming the new bridge in Civic Center Park - "FESTIVAL BRIDGE". The name identifies the many events that take place in the park, The Civic Center Park is home to the annual Denton Arts 6 Jazz Festival - a free culturally diverse event that makes the arts accessible for everyone. The necessity of buildingq a larger and safer bridge has been evident with the thousands who cross it, especially at the Arts S Jazz Festival. Our organization is committed to the preserva:'on, beautification and improvements in the Civic Center Park so that many activities and events will be planned during the year. Since 19910 the Denton Festival Foundation has contributed ;21,819.28 to security light poles (11), additional elec- trical pedestals and transformers with upgrading of such. We will continue our support of the Civic Center Park and are truly grateful that our partner- ship with the City of Denton and Parks 6 Recreation has helped in the success of the annual festival - being recognized by the state of Texas as a major regional festival and at the top of the list in cultural tourism. The festival is one of the main tourist attractions in Denton, promoting music as a major industry. There were 70,000 visitors in 1998 with 25 states and 85 Texas cities represented. The new bridge is a wonderful addition, not only for the park and for events, but is the first step in community awareness and pride that will generate future support for renovations to the whole park. It has eliminated the fear of liability that we all shared with the old and inadequate brill?9e, The beautiful bridge is now up to code and deserves a proper name. We wi11 be using pictures of the new bridge in our promotions for the 1999 festival. Thank you for your consideration of our request to name the bridge, "FESTIVAL BRIDGE". Tracy Kunkel, President Carol Snort, Festival Director C Donlon Festival FoundAon P.O.Box1104 - Donlonjexa076202 * (817)565-0931 Page 5 c EXHIBIT 3 RESOLUTION NO. A RESOLUTION ADOPTING A POLICY SETTING GUIDELINES REGARDING THE NAMING OF PARKS AND PARK FACILITIES= AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Parke and Recreation Board has approved and recommended a new policy to govern the naming of parks and park facilitiesr and WHEREAS, the City Council deems it in the public interest to adopt this policy: NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVESt SECTION I. That the P&rk and Facilities Naming Policy, which is attached hereto and made a part hereof for all purposes, is hereby approved and adopted. SECTION 11, That all policies inconsistent herewith are hereby repealed. SECTION 111. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the AL day of199,k. r ' JAC ILLER, MAYOR ATTESTS JENNIFER WALTERS, CITY SECRETARY BYt , A APP VED AS TO LEGAL FORMS HERBERT L. PROUTY, CITY ATTORNEY r r BYs ~le ~ ' r. .t l'\ Page 6 r i I Park and Facilities Naming Policy 1. Purpose: a) Establish general guidelines and procedures for the naming of parks and recreation facilities. b) Provide name identification for individual parks. c) Provide name identification wherever appropriate for special buildings, structures, facilities, areas/gardens. d) Provide for citizen input into the process of naming parks and facilities as enumerated above. e) Insure control of the naming of parks and facilities by the Parks and Recreation Department and City Council through the recommendations of is. Parks and Recreation Board. 2. '3eneral Guidelines: a) Park property may be named after streets, geographical locations, historical figures, events, concepts, or local, State or National leaden. Park property may also be named for individuals or groups where major donations of land, funds or other exceptional contributions toward the development, maintenance and/or operation of a park or facility have been made by the nominated Individual or group. b) With the exception of major donations, parks and recreation facilities shall not be named for living persons. In cases involving the names of local community leaden, the following guidelines shall apply: 1) the nominated individual shall have made exceptional contributions to Denton parks and recreation and/or the community, 2) there shall be a clear and demonstrated commnsus for the nominated name, c) Parts or areas within a park or recreation facility may be given a name which Is different than the park or building. Such parts or areas may include (but are not to limited to) gardens, playgrounds, athletic fields, structures, swimming pools and meeting rooms. Names for such facilities shall be established by the same guidelines and procedures applied to parks and buildings. i Page 7 t i i d) The naming of a park, a facility or parts of a park or facility shall not be accepted as a condition of donation, unless the value of the donation exceeds S 15,000 or 51 % of the total project cost, whichever is greater. Improvements valued at less than S 15,000 wil l not be affixed with names, e) Once a name has been established, the Director of Parks and Recreation will be responsible for the installation of appropriate signage and markers within a reasonable time. f) Contributions which do not merit naming and which are valued at less than $15,000 and comprise less than 51 % of the project cost may be recognized. Gifts which are valued at greater than $500 Ed comprise at least 25% of the project cost may be recognized by plaque or marker. At the request of the donor, the Parks and Recreation Department will provide the plaque or marker for contributions of $2,500 or greater. Such recognition for contribution of less than $2,500 must be provided by the donor. All plaques and markers shall meet the specifications of the Parks and Recreation Department, Should a recognition plaque or marker require replacement, such replacement shall be the responsibility of the original provider of the marker or plaque. 3. Name Changes: a) Requests for name changes may be considered by the Parks and Recreation Board. The aforementioned guldebes for naming a park or facility shall generally apply to name changes. b) In reviewing a request for a name change, the Board will give special consideration to any legal agreements or authorized written promises which were made when the original name was established. c) If a change is requested in the name of an existing park or facility, such request will not be acted upon by the Board until a sign stating the request has been post:d on the affected property for a period of 45 days. The tigtt should direct comments to the Director of the Parks and Recreation Department 4. Procedures: a) Names for new parks shall typically be established within s10 days from the date of land acquisition. The name of new buildings shall be established prior to the completion of construction, Names for parts or areas of, arks and facilities may be established at any time. b) The chairman of the Parks and Recreation Board shall name a committee that will , be responsible for recommending a name for all park lands and facilities to the .r ' Board. Page 8 IE C C; I I c) The committee shall be responsible for research, study, and recommendation of a proposed name to the Board. Rationale for the selection of the recommended name shall be given In writing, Any recommendation which involves the name of a person shall Include the following: . it biographical or Infortradorad sketch; . rationale supporting the nomination; . the name(s) of the person(s) or supporting group(s) responsible for the nomination. d) The Parks and Recreation Board shall approve or disapprove of the name recommended by the committee. e) if the committee's recommendation is disapproved by the Board, then the matter E may be referred back to the committee for further action. t} All recommended names for such facilities must be approved by a majority vote of the members of the Parks and Recreation Boatel. g) Upon approval, the recommended name shall be forwarded to the City Council for their consideration and ftml decision. AW 117t a+ miwd t i j Page 9 I ~ I Parks and Recreation Board Minutes EXHIBIT November 16, 1998 j Senior Center Members present: Don Edwards, Dalton Gregory, and Dale Yeatts. Staff present: Bob Tickner, Kathy Mosby, and lance McLeod. Others present: Stephen Cook, Planning Department Jan Springer and Lang 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 DBBI board 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 DBB1'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 little 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. DISCUSSION ITEMS Growrh bfawgtmenr Srraregy. Stephen Cook, with the City Planning Department, presented to the Board the projected development for the city In year 2020. Cook discussed the four characteristics of 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 of existing center City and university campuses. Cook concluded with general and specific t recommendations for the growth management strategy. Cook said the plan Is expected to be / adopted In January and welcomed the Board's Input. Page 10 r c ~I EXHIBIT 4 j Parks and Recreation Board Minutes November 16, 1998 Senior Center Members present: Don Edwards, Dalton Gregory, and Dale Yeatts. Staff present, Bob Tickner, Kathy Mosby, and Janle McLeod. Others present: Stephen Cook, Planning Department Jan Springer and Larry Meson 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 sold the DBBI board 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 4 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. Ms. 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 j 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 baaebali 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 teems, which Increases the number of gamesplayed, Mrs. Springer said the first game they can begin playing is April 210; and soccer ends April 18. She added that the tournaments begin the first or second week of June leaving linle 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. DISCUSSION ITEMS Growth Alanagemenr 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 characteristics of 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; toning mix; the average residential, multi family, and estate densities; and the development of existing center City and university campuses. Cook concluded with 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. I Page 10 c. n Parks and Recreation Board Meeting November 16, 1996 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 1JNT Community Development classes as a project could work on a survey for PARR In the Fall. ACTION ITEMS Nam tng of the Civic Center Bridge. Dale Yeatts and Dalton Gregory were', equested to serve on the naming of the bridge committee, They recommended that the Civic Center Bridge be named j 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 uranimously. i Operating Agreement Bemven the City and the Denton Parks Foundation. 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 Exparrlon Project. Kathy Mosby said the construction contract for the renovation of the North Lakes and Denis 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 of the day and the gym areas will reopen on November 301, 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 statua report. Ticknor said the Nette Shultz Park Improvements will begin in February and should be completed in Spring. hums for Nat Meeting. The Youth Sports Agreement. There being no further business, the meeting adjourned at 7:30 p.m, Page 11 t 4 Apttntll Aptta o 1t11n DO - s AGENDA INFORMATION SHEET AGENDA DATE- ApH16,1999 DEPARTMENTt ParU and Recreation Department ACM: Rick Svebla, Deputy City Manager AVC5 SUBJECT: A resolution allowing LULAC to be the sole participant allowed to sell alcoholic beverages at the Cinco de Mayo Celebration on Slay 1, 1999, upon the conditions of obtaining booth, obtaining license and permit, providing general liability Insurance, end agreeing to indemnify the city for any liability; authorizing City Manager to execute agreement for the conditions; and providing for an effective date. V,ACKGROUND: The Cinco de Mayo Committee, made up of community volunteers and City staff voted for the second consecutive year to support the sale of alcohol at the event, allowing LULAC to be the sole proprietor of this product. LULAC will be responsible for rental of the booth space, obtaining the temporary license, and securing the temporary permit. 1 proceeds from the sate will support the LULAC scholarship fund. The annual Cinco de Mayo Celebration event is a Hispanic cultural festival, co-sponsored by the City of Denton, Parks and Recreation Department. It is held In Civic Center Park and includes a parade, local vendors, children's activities, entertainment and an evening ' dance, 11tc free daytime event ruts from 10:00 a.m. - 6:00 p.m. A dance is held in the Civic Center from 8:00 p.m. - 1:00 a.m., where an admission price Is charged. The event continues to experience growth each year in community participation through local vendors and entertainment. Last year's event hosted around 3,500 participants with 63 vendors and two entertainment stages. This would be the second year that alcohol will be sold at this event. Again this year, Ben E. Keith is a major community sponsor. Throughout the history of this event, LULAC has always played a role in the coordination of the event, serving on the organizing committee and soliciting volunteers. they have always used this event to serve as a fundralser for their scholarship program. OPTIONS: Council options include the approval or denial or the ordinance and agreement as submitted. Council may also opt to modify the agreement to include additional or modified requirements. I i t, I RECOMMENDATION Staff recommends approval of the ordinance and agreement as submitted, which is consistent with agreements with other co-sponsored events, such as the Denton Arts & Jazz Festival, ESTIWATED SCHEDULE OF PROJECTt The Cinco de Mayo Celebration Is May 1, 1999, from 10:00 a.m.. 6;00 p,m. A dance Is held In the Civic Center from 8:00 p.m.. 1,00 am. The sale of alcohol will be limited to the daytime event. PRIOR ACTION/REVIEW: At their March 9, 1999 meeting, the Parks and Recreation Board recommended approval of this item with a vote of 3 to L FISCAL INFORMATION This action has no Impact on the City's General Fund budget. All costs and revenue from this action will be solely the responsibility of LULAC, BID INFORMATION, Not applicable MAPt Not applicable I RESPECTFULLY SUBMITTED. ' Ed I odney, Direclo Parks and Recrea on Department Prcpar , Janet S' pson, Assistant rector t Parks and Recreation De ent F'!sba"& dcpr prkg`jand', LILAC doc i f I ti I RESOLUTION NO. A RESOLUTION ALLOWING LULAC TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE CINCO DE MAYO CELEBRATION ON MAY 1, 1999, UPCN THE CONDITIONS OF OBTAINING BOOTH, OBTAINING LICENSE AND PERMIT, PROVIDING GENERAL LIABILITY INSURANCE, AND AGREEING TO INDEMNIFY THE CITY FOR ANY LIABILITY; AUTHORIZING CITY MANAGER TO EXECUTE AGREEMENT FOR THE CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, the City of Denton City') Is the owner of the Civic Center Park and through the Park and Recreations Department co-sponsors a Cinco De Mayo Celebration at the Civic Center Park; WHEREAS, the consumption of alcoholic beverages is allowed in the Civic Center Park pursuant to City of Denton Code, 422.32 (b); WHEREAS, LULAC has been a major participant in this event and has used this event as a fund raiser for its scholarship program; and WHEREAS, LULAC has requested that they be sole participant allowed to sell alcoholic beverages at this year's Cinco De Mayo Celebration on May 1, 1999; and WHEREAS, the Parks and Recreation Board has recommended that LULAC be the sole participant allowed to sell alcoholic beverages at I*^ r•inco De Mayo Celebration; and WHEREAS, the City agrees with the recommendation of the Parks and Recreation Board; NOW, THEREFORE, , THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. That LULAC shall be the sole participant allowed to sell alcoholic beverages at the Cinco De Mayo Celebration on May I, 1999 at the Civic Center Park upon the following conditions: 1. That they shall be responsible for rental of any booth space necessary; 2. That they be responsible to obtain the temporary license and permit j for sehi;;g alcoholic beverages approved by appropriate state agency; 3. That they provide the security tecessary fo the sale of alcoholic beverages; r 4. That they provide general comprehensive liability insurance from a responsible carrier, with the City as an additional Insured, in the amount of $300,000,00. 3 I c, a i o S. Agrees to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at the Cinco De Mayo Celebration. SECTION U. That the City Managt; is authorized to execute the agreement attached as Exhibit "A" and incorporated herein as if copied word for word, setting out the conditions set forth above without further action by the City Council SECTION L That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _ day of '1999. JACK MILLER, MAYOR ATTEST; JENNIFER WALTERS, CITY SECRETARY BY; _ APPROVED AS TO LEGAL, FORM; HERBERT L. PROUTY, CITY ATTORNEY BY; J'i r e ~i~•~b e.. e,( 4 I 1 i I , ~~Ir'ti_ C t > .vn,roae~nt otw~ noewrMflU 4o+unm0"Circa Do Mayo s.nms Aic" Gar c c CIVIC CENTER AGREEMENT FOR THE CINCO DE MAYO CELEBRATION STATE OF TEXAS ¢ COUNTY OF DENTON § This Agreement, made this _ day of , 1999, by and between the City of Denton, a municipal corporation, hereinafter referred to as the "CITY" and LULAC a non profit corporation. W1TNE.SSETII, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows; ARTICLE i GENERAL T;re City grants to LULAC the exclusive privilege to sell alcoholic beveragej, sub;xt to the exceptions and conditions hereinafter set forth, for the Cinco De Mayo celebration on Stay 1, 1999 tee be held at the Civic Center Park, Attached hereto is a copy of the resolution passed by the City Council of Denton, Texas authorising this privilege and is attached as Exhibit "A" and is incorporatal herein as ifcopied word for word. This privilege does not extend beyond the date of the Cinco Dc Mayo celebration set for the year 1999. ARTICLE 11 SCOPE OF SERVICES LULAC in order to exercise the privilege to sell alcoholic beverages must perform the following; A. LULAC shall be solely responsible for the rental and payment for any booth space necessary for the sale of alcoholic beverages at the Cinco De Mayo Celebration. B. LULAC shall be solely responsible to obtain any temporary license and permit necessary for the selling of alcoholic beverages at the Cinco Do Mayo Celebration. C. LULAC shall be solely responsible for the obtaining and paying for any security necessary for their sale of alcoholic beverages at the Cinco De Mayo Celebration, LULAC's failure to do any of the above and to show proper proof of compliance shall waive their right to exercise the privilege of selling alcoholic beverages at the Cincn De Mayo Celebration, S r U II i k ARTICLE III LOCAL RULES AND REGULATION LULAC agrees to abide by all municipal, county, state and federal laws, ordinances, rules and regulations and specifically, without limitation, the Denton Civic Center Rules and Regulations, to obtain all necessary and proper licenses, permits and authorizations, and to comply with the requirements of any duly authorized person acting in connection therewith. LULAC shall pay all taxes, if any, of every nature and description arising out of or in any manner connected with the safe of alcoholic beverages. LULAC will exercise reasonable care and due diligence in their sale of alcoholic beverages at the Cinco De Mayo Celebration. ARTICLE IV INDEMNITY AGREEMENT LULAC SHALL indemnify and save and hold harmless the CITY and its officers, agents, and employees from and against any and al's liability, claims, demands, losses, and expenses, including but not limited to, court costs and reasonable attorney fees Incurred by the CITY, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the regfigeni acts or omissions of LULAC or it officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a patty to this Agreement, including the defcrise of govemmental immunity, which defenses are hereby expressl, reserved, ARTICLE V INSURANCE. During the performance of the Agreement, LULAC shall maintain the following insurance with an insurance company licensed to do business In the State of Texas by the State Insurance Commission or any successor agency that has a rating with Rest Rate Carriers of at Icast an A. or above: A. Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than S300,000 In the aggregate, and with property damage limits of not less that 5100,000 for each occurrence and not less than 5100,000 in the aggregate, i B. LULAC shall furnish insurance certificates or insurance policies at the CITY'S request to ! P evidence such coverages. The Insurance policies shall name the CITY as an additional insured on all such policies, and shall contain a provision that such Insurance shall not be canceled or modified withm.,t written notice to the CITY and LULAC. In such event, Cinco Do Mayo Celebration Agreement- page 2 6 r I i ~I LULAC shall, prior to the effective date or the change or cancellation, serve substitute policies furnishing the same coverage. ARTICLE VI NOTICES All notices, communications, and reports required or permittixi under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as orthree (3) days' mailing: To LULAC: To CITY: LULAC: CITY OF DENTON: Michael W. Jet, City Manager 215 E. McKinney _ Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mailing. AR'T'ICLE !'ll ENTIRE AGREEMENT This Agreement, consisting of pages and exhibits, constitutes the complete and final expression of the agreement of the panics, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE VIII SRVERABILITY If any provision of this Agrv nent Is found or deemed by a court of competent jurisdiction to be invalid or uncnrorceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceaNc. la such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible ;u expressing the intention of the stricken provision. ARTICLE IX DISCRIMINATION PROHIBITED / In performing the services required hereunder, LULAC shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. Cinca be Mayo Celebratlan Agreement -Page 3 7 J , ARTICLE X PERSONNEL A. LULAC represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with the CITY, ARUCLE XI ASSIGNABILITY LULAC shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the CITY. ARTICLE Xll MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the panics hereto out of or affecting this Agreement, or the rights or obligations of the panics hLreundcr, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein, ARTICLE Xlll MISCELLANEOUS I A. The following exhibits are attached to and made apart of this Agreement; (list exhibits) Exhibit "A" Resolution No. 11. Venue of any suit or cau-e of action under this Agreement shall lie exclusively ;n Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. C. The coplions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorred City Manager, and LULAC has executed this Agreement through its duty authorized undersigned officer on this the day of _ , 1499. Cinco De Mayo Celebration Agreement- Page N , g r. u a- CITY OF DENTON, TEXAS ~Y MICHAEL W. JEZ, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY LULAC: BY: Name Title WITNESS: F'.'a W641•P1 I W Our D OCUm MWCOWUIJ WCOCO N Meyo CnnlrXl dtX t i Onco De Mayo Celebratioa Agreement - Page 3 9 j U I j I b~ Denton Council #4366 District 3 February 17, 1999 Ed Hodney Director of Parks and Recreation 321 E. McKinney Denton, TeXaS 76202 Dear Mr, HOdney As last year, this letter Is to request that LULAC be placed on the City Council agenda for March or Aprll. The purpose Is to request from city Council a variance to serve and sell beer during the Cinco de Mayo Celebration on May 10, 1999 at Civic Center Park, Approved for fast years Cinco de Mayo Celebration, I'm happy to say that the variance was a success. tULAC recouped their Investment and made a few hundred dallars for the scholarsh!p fund. Importantly, theirwere no Incidents j related to the availability of beer during the celebration. 1 Each year Cinco de Mayo Improves and attendance Increases. We anticipate this years efforts will be even better. We have started making arrangements to begin the process of securing the temporary permits as soon as the variance Is approved. Your assistance and support in this matter is greatly appreciated. if you have any questions I can be reached at (940) 565-4715. Vincent Ramos, Ph.D. President i io li t Parks and Recreation Board Meeting DRAFT Special Call Meeting March 11, 1999 6:30 p.m. Members present: Don Edwards, Martha Garcia, Willie Hudspeth and Dale Yeatts. Staff present: Ed Hodney, Janet Simpson and Kathy Mosby. Others present: Vincent Ramos, President of LULAC Chairman Don Edwards called the meeting to order at 6:30 p.m. ACTION ITEM Consider variance to serve and sell beer during the Cinco de Alayo Celebration on Alay 1, 1999, a! Civic Center Park Dr. Ramos made the request on behalf of LULAC to sell beer at Cinco de Mayo to benefit the LULAC scholarship fund. Martha Garcia made a motion to approve the request under the same conditiors as last year. The conditions were: A resolution allowing LULAC to be the sole participant allowed to sell alcoholic beverages at the Cinco de Mayo Celebration on May 1, 1999, upon the condition 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. Dale Yeatts asked if there had been any disruptions at the previous year event. Martha Garcia said that she attended last years' Cinco de Mayo and that representatives from Ben E. Keith, Police and volunteers were actively monitoring the sale and use of alcoholic beverages. Martha reported that there had not been nny problems at the evert and that it did not lose any of the family atmosphere. Vincent Ramos said that he had made the same observation as Martha. Willie Hudspeth said that he wouldn't support the sale of alcoholic beverages at activities being sponsored by Parks and Recreation. Willie added that it doesn't communicate a family event. fie said that it only takes one incident to change the Board's discussion on this issue. 1 Don Edwards reminded the Board that the Civic Center Park is the only park that does allow alcoholic beverages in the park and that this is consistent with other special events held at Civic Center Park. Don Edwards seconded the motion and it passed with Martha Garcia, Don Edwards and Dale Yeatts voting in favor and Willie Hudspeth opposing the motion. Martha tiarcia asked about Denton Boys Baseball and the fact that children are having to be put on a waiting list due to a lack of coaches. Janet Simpson said that the athletic coordinator would t investigate the cot,cem, / Willic Hudspeth asked that the meeting times be diL,..ussed at the next meeting, There being no further business, the meeting adjourned. I! t Agatdat ~ AGENDA INFORMATION SHEET AGENDA DATE: April 6,1999 DEPARTMENT: Police Of: Michael W. Jez SUBJECT An Ordinance authorizing the Mayor to execute an agreement between the City of Denton and the City of Corinth for the impoundment and disposition of dogs and cats and the collection of fees pursuant to the provisions of said agreement; and providing for an effective date. BACKGROUND: This is the seventh year that Corinth has requested an interlocal agreement for these services. The animals delivered by Corinth have not resulted in overcrowding at the Animal Control facility. The agreement states that the City of Denton will provide the following services to the city of Corinth for the impoundment and disposition of animals delivered to the City of f Denton from the City of Corinth: (1) The City of Denton will hold these animals for ninety-six (96) hours if not claimed by an owner. If the owner does not claim the animal within the prescribed ninety-six (96) hours, the animals will be euthanised or made available for adoption. (2) The City of Denton will accept and hold rabid suspects in quarantine for ten (10) days, (3) The City of Dcoton will remove and ship the heads of rabid suspects for rabies testing by the Texas Dcpa tmcnt of Health. For the services, the City of Corinth agrees to pay fees set forth in the agreement as folluu s: (t) Six dollars (56,00) per day per animal held for reclamaJon by the owner. (2) Scven dollars (57.00) per day per animal held in quarantine as a rabies suspect. i ' (3) Finccn dollars (Si 5.00) for each animal euthanized. (4) Thiny-five (535,00) for each decapitation and shipment. i i f c c~ OPTIONS 1. The City can choose not to renew the interlocal agreement with the City of Corinth. 2. The City can approve the ordinance and renew the interlocal agreement. RECOMMENDATION The Department recommends approve or the ordinance and renewal of the interlocal agreement with the City of Corinth. 1. The interlocal agreement provides a valuable service to service to the citizens of the City of Corinth. 2. The housing and disposal of dogs and cats has not, and is not projected, to create a hardship Animal Control operation. 3. The interiocal agreement is a source of revenue for the City. PRIOR ACTION/REVIEW: The attached interlocal agreement and ordinance has been reviewed for legal form and content by the City of Denton Legal Department. The agreement was approved by the Corinth City Council FISCAL IMPACT: The prescribed fees in the agreement we calculated to recover all costs of al I services rendered and, therefore, this agreement does not result In an increase in expenditures. Based on prior years, it is estimated that this agreement will generate approximately $2,500.00 in revenue. Respectfully submitted, , Gary L. S atheson Chief orpolice f Prepared by: r A, r H wright r r v usc Capti a, Support Services Division I j c ~I I ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND PROVIDING FOR AN 1'FFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the Mayor, or in his absence, the Mayor Pro Tem, is hereby authorized to execute an Agreement between the City of Denton and the City of Corinth for the impoundment and disposition of dogs and cats, a copy of which is attached hereto and I incorporated by reference herein. SECTION 11. That the City Council authorizes the collection of all fees as provided pursuant to the provisions of said Agreement. SECTION 111. That this ordinance shall becume effective immediately upon its passage and approval. PASSED AND APPROVED this the day of .1999. JACK MILLER, MAYOR , ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CIT ATTORNEY J. J BY: ` / .b.ldvrLGL'M Gxmnens Crdiwu'9hvl,a emr mar (v 3 j ff l 4 r' I I i THE STATE OF TEXAS § INTERLOCAL COOPERATION AGREEMENT COUNTY OF DENTON This agreement made and entered into by and between the City of Denton, Texas, acting herein by and through its Mayor, duly authorized by resolution of the City Ccumil of said City, (hereinafter called DENTON) and the City of Corinth, Texas, acting herein by and through its Mayor, duly authorized by resolution of the City Council of said City (hereinafter called CORINTH). WHEREAS, DENTON and CORINTH are both local governments with authority and power to contact; and i WHEREAS, DENTON is engaged in the services of holding and disposing of dogs and cats for the benefit of the citizens of Denl,:a; and k WHEREAS, DENTON is the owner of certain facilities and equipment designed fo! the holding and disposition of dogs and cats and has in its employ trained personnel whose duties are related to the use of such facilities and equipment; and WHEREAS, CORINTH deal res. to obtain impoundment and disposilien services for dogs and cats rendered by the City of Denton, as more fully hereafter described, for thEbenefit of the residents of the City of Corinth; and WHEREAS, the provision of Impoundment and disposition of dogs and eats is a governmental function that serves the public health and welfare rrtd is of mutual concern to the contracting parties; and WHEREAS, DENTON and CORINTH mutually desire to be subject to the provisions of Texas Government Code, Chapter 791, the Interlocal Cooperation Act and contract pursuant thereto; and WHEREAS, both DENTON and CORINTH have the authority to perform the services set forth in the Agreement individually in accordance with the Texas Government Code §791.011(c)(2); and WHEREAS, CORINTH will make all payments for services out of current available revenues and DENTON agrees that the payments made by CORMTH hereunder will fairly compensate it for the services performed; NOW, THEREFORE, DENTON and CORINCH, for the mutual consideration hv-cinatter stated, agree as follows, 4 C •i it srstion 1. j E A. Covenants of DENTON: 1. Holding of Dogs and Cats. DENTON agrees to accept and hold dogs and cats lawfully impounded by authorized representatives of COR MTi under the following terms and conditions- a. Holding period for I3oY5 and Cats. DENTON agrees to hold such dogs and cats for a period of ninety-six (96) hours from the time they are accepted by the Animal Control Center In order to allow the owners of the impounded animal a reasonable amount of time to reclaim the Impounded animal. If the animal is not reclaimed within the ninety-sire hour period, the ownership of the animal Shall revert to DENTON and the animal will be held for adoption or humanely destroyed. Animals will be humanely destroyed at the discretion of the Health Services Manager. j b. Hol i g Fees for Impounded Doan. For the purpose of this Agreement. DENTON will charge Six Dollars (56.00) per day holding fee for each day that an animal is held at the Center. In determining the meaning of the term "animal', as used herein, it is agreed that a pregnant animal which has its titter while being held, or an animal which is nursing Its litter and Is being kept In,the same cage, will be cc isidered one animal for the assessment of charges provided for In this Agreement. This fee will be assessed against the owner of the.vdmal at tha time the animal is reclaimed. No animal will be released until all applicable fees are paid in full. C. Holding of~gfgndaed nlmals. DENTON agrees to accept and hold rabid suspects in quarantine for CORINTH when conditions permit, and such action is authorized by a representative of CORINTH. i d. Holding Fees for Quarantined Animals. The holding fee for quarantined animals shall be Seven Dollars ($7.00) per day for each day that the animal is held. e. Ilead Shipments and Rabies Testing. Upon request of COItWTH, DENTON will provide for the removal and shipment of the heads of rabid suspects for clinical rabies testing at the Texas Department of Health. The fee for this service shall be Thirty-Five Dollars ($35.00) for each head shipped. t B. Covenants of CORINTH: I . Financ :1 Resgonsi i ity. In order to reimburse DENTON for its costs A, . incurred under this Ap ement, CORINTH agrees to pay for holding and euthanasib fees on dogs and cats received from the incorporated areas of the City of Corinth or its authorized agent if an animal is not reclaimed by its owner. Fees will be assessed on the following basis: City of Corinth - Interlocat Cooperation Agrutwai - Page 2 F 5 t a EathenizedAnimal: $6.00 per day holding fee for each animal as determined herein plus SI5.00 Euthanasia Fee. b. Adopted Animal: 56,00 per day holding fee for each animal as determined herein. C. [lead Shlpments: $35.00 Shipment fee 2, DENTON will collect impound fees duty authorized by CORINTH and as specified in this paragraph from the owners of dogs and cats received from the unincorporated ! areas of CORINTH. Impound fee monies will be applied to fees owed DENTON by CORINTH for animals not reclaimed by the owner, IMPOUND FEE I" Impoundment $20.00 2nd Impoundment $30.00 3rd Impoundment $45.00 4r" Impoundment $67.00 3. CORINTH agrees payment shall be made within forty-five (45) days of receipt of invoice by CORINTH. Section It, DENTON agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all DENTON's employees, and agents, DENTON's subcontractors, and/or contract 1 laborers doing work under a contract or agreement with DENTON in performance of this agreement with CORINTH. CORINTH agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all CORINTH's employees, and agents, CORINTH's subcontractors, and or/contrart laborers doing work under an agreement or contract with CORINTH in perfomtnnce of this agreement with DENTON. It is further agreed that if claim or liability sha!I arise from the joint or concurring negligence of both parties hereto, it shall be borne by them comparatively In secordwxe with ' The laws of the State of Texas. Thk paragraph shall not be construed as a waiver by either par y I ! of any defenses available to it under the laws of the State of Texas. It is understood that it is not I Cityof Corinth - IniedoW Cooperv e on AVee runt - Prue 3 6 i ~ I I i i i i 1 the intention of the parties hereto to create liability for the benefit of third parties, but that this agreement shall be for the benefit of the parties hereto. Section III, The fact that DENTON and CORINTH accept certain resporsiibilities relating to the collection and impounding of dogs and cats under this agreement aq a part of their responsibility for providing protection for the public health and welfare makes it imperative that the performance of these vital services be recognized as governmental function and that the doctrine of governmental immunity shall be, and is hereby invoked to the full extent possible under the law. Neither DENTON nor CORINTH waives or shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claimi arising from the exercise ofgovemmental functions. Section IV, The term of this Agreement shall be for a period of one (1) year commencing as of February 1, 1999 and ending January 31, 2000. Thereafter, this Agreement shall be renewed for successive additional one (1) year terms commencing on February lit of each year if DENTON and CORINTH agree In writing on or before the first day of February to be a successive term and the amount of consideration to be paid hereunder for each successive term; provided, however, that either party may terminate this Agreement, upon thirty (30) days written notice to the other. Section V• This Agreement represents the entire and Integrated agreement between DENTON and CORINTH and supersedes all prior negotiations, representations, arAVor agreements either written or oral. This agreement may be amended only by written Instrument signed by both DENTON and CORINTH. , ' Section Vl. This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. Section VII. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the ; emaining portions shall remain valid and in full force and effect to the extent possible. Ti-e undersigned officer and/or agents of the parties hereto Pre the properly authorized officials and have the necessary authority to execu,c this Agreement on behalf of the parties t , hereto, and each party hereby certifies to the other that any necessary resolutions extending said t authority have been duty passed and are now in full force and effect. City of Corinth - Interlocel Cooperation Agreement - Psse 4 7 ti i f , EXECUTED In duplicate originals on this the day of .19_ CI'T'Y OF DENTON CITY OF CORINTH BY: BY q JACK MILLER, MAYOR .0,"OF ....C. O . " ATTEST: c~ -A r T:' JENNIFER WALTERS, CITY SECRETARY * * - ~ BY: 1fiTARY APPROVED AS TO LEGAL FORM: APPROVED AS TO FORM: HERBERT L. PROUTY, CITY ATTORNEY CITY ATTORNEY BY BY: F:~,hwtj*p \WL00 ootwwqu bnneplW*diN Mind Cmbvf 69 i I I ~ .a I City of Corinth - Intalocal Cooperetion Agmauat - Psye S r g C U I gpsttdl N0. P'll" HIM AGENDA INFORAIATION SHEET plq AGENDA DATE: April 6,1999 DEPARTMENT: Police Cbl: Michael W. Jez SUBJECT An Ordinance authorizing the Mayor to execute an agreement between the City of Denton and the Cityof Aubrey for the impoundment and disposition of dogs and cats and the collection of fees pursuant to the provisions of said agreement; and providing for an effective date. BACKGROUND: This is the second year that Aubrey has requested an interlocal agreement for these services. The animals delivered by Aubrey have not resulted in overcrowding at the Animal Control facility. The agreement states that the City of Denton will proviee the following services to the City of Aubrey for the impoundment and disposition of a limals delivered to the City of Denton from the City of Aubrey: (1) The City of Denton will hold these animals for ninety-six (96) hours if not claimed by an owner. If the owner does not claim the animal within the prescribed ninety-six (96) hours, the animals will be euthanised or made available for adoption. (2) The City of Denton will accept and hold rabid suspects in quarantine for ten (10) days. (3) The City of Denton will remove and ship the heads of rabid suspects for rabies testing by the Texas Department of Health. For the services, the City of Aubrey agrees to pay fees set forth in the agreement as follows: (1) Six dollars ($6.00) per day per animal held for reclamation by the owner. (2) Scven dollars ($7,00) per day per animal held in quarantine as a rabies suspect. (3) Fifteen dollars (S15,00) for each animal eulhanized. (r' ~ (4) Thirty-five (S35.00) for each decapitation and shipment. t OPTIONS 1, The City can choose not to renew the interlocal agreement with the city of Aubrey: 2. The City can approve the ordinance and renew the interlocal agreement. RF.COM MENpATION The Department recommends approval of the ordinance and renewal of the interlocal I agreement with the City of Aubrey. 1. The Interlocal agreement provides a valuable service to service to the citizens of the City of Aubrey. 2. The housing and disposal of dogs and cats has not, and is not projected, to k create a hardship Animal Control operation: E 3. The Interlocal agreement is a source of revenue for the City. PRIOR ACTION/RL;VLFN': The attached Interlocal agreement and ordinance has been reviewed for legal fort and content by Cie City of Denton Legal Department. The agrcenient was approved by the Aubrey City Council FISCAL IMPIWI: 'rho prescribed fees in the agreement are calculated to recover all costs of all services rendered and, therefore, this agreement does not result in an increase in expenditures. Based on prior years, it is estimated that ibis agreement will generate approximately 51,000.00 in revenue. , Respectfully subn twd, ~.fQ5a a G son azY ~ Chief of Police Prepared by. el cA right Captain i Support Services Division 2 r i ORDINANCE NO. i AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF AUBREY FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND PROVIDING FOR 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 City of Aubrey for the impoundment and disposition of dogs and cats ("Agreement'), a true and correct copy of which is attn -hod hereto and incorporated by reference herein. SECTION 1L• That the City Council nahrnizes the collection of all fees as provided pursuant to the provisions of said Agreement. SECTION III: That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of )1999. JACK MILLER, M, YOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTOR 4 BY:_ r aArd *pd0l00u aw~a6dn~PA.&" A&W 04 ' F,\x"ddgf,LOL VM Dacum ntfYhdinwcn'ATA,.bny Mimi Control Ord dnt 3 i ` w THE STATE OF TEXAS rj INfERLOCAL COOPERATION AGREEMENT COUNTY OF DENTON This agreement made end entered into by and between tfie City of Denton, Texas, acting herein by and through its Mayor, duly authorized by resolution of the City Council of said City, (hereinafter called DENPON) and the City of Aubrey, Texas, acting herein by and through its Mayor, duty authorized by resolution of the City Council of said City (hereinafter called AUBREY). WHEREAS, DENfON and AUBREY are both local governments with authority and power to contact; and WHEREAS, DENTON Is engaged In the services of holding and disposing of dogs and cats for the benefit of the citizens of Denton; and WHEREAS, DENTON Is the owner of certain facilities and equipment designed for the holding and disposition of dogs and Cale and has In its employ trained personnel whose duties are related to the use of such facilities and equipment; and WHEREAS, AUBREY desires to obtain Impoundment and disposition servidts for dogs and cats rendered by the City of Denton, as more fully Iveesher described, for the benefit of the residents of the City o(AUBREY; and WHEREAS, the provision of impoundment and disposition of dogs and cats is it governmental function that serves the public health and welfare and Is of mutual concern to the contracting parties; and WHEREAS, DENTON and AUBREY mutually desire to be subject to the provisions of Texas Government Code, Chapter 791, the Intertocai Cooperation Act and contract pursuant thereto; and WHEREAS, both DENTON ano AUBREY have the authority to perform the services act forth In the Agreement individually ia. accordance with the Texas Government Code 179 1.011 (cX2); and WHEREAS, AUBREY will make all payments for services out of current available revenues and DENTON agrees that the payments made by AUBREY hereunder will fairly compensate it for the services performed; i NOW, THEREFORE, DENTON end AUBREY, for the mutual considentlon henbi der elated, agree as follows: ~ Ir 1 4 I M f Section 1. A. Covenants of DENTON: 1, HP.ldiue of Dogs and Cats. DENTON agrees to accept and hold dogs and cats lawfully Impounded by authorized representatives of AUBREY under the following terms and conditions: A. Holding period for Doge and Cats. DENTON agrees to hold such dogs and cats for a period of ninety-six (96) hours from the time they are accepted by the Animal Control Center In order to allow the owners of the Impounded animal a reasonable amount of time to reclaim the Impounded animal. If the animal is not reclaimed within the ninety-six hour period, the ownership of the animal aholi revert to DENTON and the animal will be held for adoption or humanely destroyed. Animals will be humanely destroyed at the discretion of the health Services Manager, b. Holding Fees for Impounded Doge. For the purpose of this Agreement, DENTON will charge Six Dollars (S6.00) per day holding fee for each day that an animal is held at the Center. In determining the meaning of the term "animal", as used herein, it Is agreed that a pregnant animal which has its litter while being held, or an animal which Is nursing its litter and Is being kept in the same cage, will be considered one animal for the assesamcnt or charges provided for In this Agreement. This fee will be assessed against the owner of the animal at the time the animal is reclaimed. No animal will be released until all applicable fees are paid In full. C. Holdiniz of Ounraratned Animals. DENTON agrees to accept and hold rabid suspects In quarantine for AUBREY when conditions permit, amid such action is authorized by a representative ofAUBREY, d. Holding Fees for Quarantined Animals. The holding fee for quarantined animals shall be Seven Dollars ($7.00) per day for each day that the animal is held. C Head Shipments and Rabies Testing, Upon request of AUBREY, DENTON will provide for the removal and shipment of the heads of rabid suspects for clinical rabies testing at the Texas Department of Health, no fee for this service shall be Thirty-Five Dollars ($35.00) for each head shipped. B. Covenants of AUBREY: ,t I, Financial Reo si~ty, In order to reimburse DENTON for Its eons ! 1 Incurred under this Agreement, AUBREY agrees to pay for holding and euthanasia fees on dogs and cats received from the Incorporated areas of the City of AUBREY or its authorized agent If an animal is not reclaimed by its owner, Fees will be assessed on the following basis: 5 City of AUBREY - lnterlocal Coopvatioo Agreement - Page 2 ft f I A. Euthanlzed Animal: $6,00 per day holding fce for each animal determined hewn plus $15.00 Euthanasia Fee. b. Adopted Animal: $6.00 per day holding fee for each animal as determined herein. C. Ilead Shipments: $35.00 Shipment fee 2. DENTON will collect Impound fees duly auth,nized by AUBREY and as sp "ified in this paragraph from the owners of dogs and cats i"ved from the Incorporated areas of AUBREY, Impound fee monies will be applied to fees owed DENTON by AUBREY for animals not reclafined by the owner. IMPOUND FEE I" Impoundment $20.00 2"d Impoundment 530.00 Yd impoundment S4S.00 4u' Impoundment $67,00 3. AUBF 1Y agrees payment shall be made within forty-rive (45) days of receipt of invoice by AUBREY. section 11, DENTON agrees to and accepts full responsibility for the sets, negligence, and/or omissions of all DENTON's employees, and agents, DENTON's subcontractors, andM+ contract laborers doing work under a contract or agreement with DENTON In perform=@ of this agreement with AUBREY, AUBREY agrees to and accepts full responsibility for the acts, tftligence, and/or omissions of all AUBREY's employees, and agents, AUBREY's subcontractors, and or/contract laborers doing work under an agreement or contract with AUBREY In perfoutisir a of Ihis agreement with DENTON. it is further agreed that if claim or liability shall wise from the Jolpt or concurring negligence of both parties hereto, it shall be borne by them comparatively In accordance with the laws of the State of Texas. 'this paragraph shall not be construed as a waiver by either party of any defenses available to it under the laws of the State of Texas. It is understood that it is not 6 City of AUBREY- Intedocal Cooperation Agreement -Page 3 i t I the intention of the parties hereto to create liability for the benefit of third parties, but that this agreement shall be for the benefit of the parties hereto. Section lit, The fact thet DENTON and AUBREY accept certain responsibilities relating to the collection and impounding of dogs and cats under this agreement u a part of their responsibility for providing protection for the public health and welfare makes it imperative that the performance of these vital services be recognized as governmental function and that the doctrine of governmental immunity shall be, and Is hereby invoked to the full extent possible under the law. Neither DENTON not AUBREY waives or shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental functions. Section IV• The term of this Agreement shall be for a period of one (I) year commencing as of February 1, 1999 and ending January 31, 2000. Thereafter, this Agreement shall be. renewed for successive additional one (1) year terms commencing on February 1st of each year if DENTON and AUBREY agree In writing on or before the first day of February to be a successive term and the amount of consideration to be paid hereunder for each successive term; provided, however, that either party may terminate this Agreement, upon thirty (30) days written notice to the other. Section V. This Agreement represents the entire and W-grated agreement between DENTON and I AUBRE i and supersedes all prior negotiations, representations, and/or agreements either written or oral, This agreement may be amended only by written instrument signed by both DENTON and AUBREY. Section VL This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the taws of the State of Texas. Section V11, in the event that any portion of this Agreement shall be found to be contrary to law, it Is the intent of the parties hereto that the remaining portions shall remain valid and in IMI force and effect to the extent possible. The undersigned officer and/or agents of the parties hereto are the properly authorized / officials and have the necessary authority to execute this Agreement o.a behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now In full force and effect. 7 City of AUDREY - lntcrlocd Coopeiation Aarecrnent - Piae, 1 l I EXECUTED In duptirale originals w thlr, the-16!>y of -GAuAau& 1921. CITY OF DENTON CITY OF AUBREY BY: BY; Mad= c 3. A JACK MILLER, MAYOR ATTEST: ATTFST: JENNIFER WALTERS, CITY SECRETARY , BY: BY CITY SECRE ARY APPROVED AS TO LEGAL FORM: APPROVED AS TO FORM: HERBERT L. PROUTY, CITY ATTO Y CITY ATTORNEY BY: BY: e W,NgNgL1p~ d~MfwrsWNA bq AAW u w . 4 I City of AUDREY - loterloeal Conperatioe At'mt eol - Pap 5 f PCB Settkm nt Ordi, @ 1 AWA No.- AD" oaeg. ORDINANCE N0. AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND AUTHORIZING ENTRY OF AN ADMINISTRATIVE CONSENT ORDER IN SETTLEMENT OF LITIGATION STYLED UNITED STATES OF AMERICA V. ALABAMA ELECTRIC COOPERATIVE, ET AL, IN AN AMOUNT NOT EXCEEDING $1,934; AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN PAYING THE SETTLEMENT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Te-tas contracled with PCB Treatment, Inc. to properly and legally dispose of a number of PCB-contaminated transformers and capacitors; and WHEREAS, the City has since been informed that a number of these trnsformers and capacitors, or some of their constituent parts, were impr,tperly disposed of, along with others, at a site identified by the U.S. Environmental Protection Agency ("EPA"} as the Osage M.tais Superfund Site in Kansas City, KS (the "site'); and WHEREAS, the EPA has expended in excess of $1.4 million to cleat up the site under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 C"CERCLA'); and WHEREAS, although the City believes that it had no direct role in the contamination of this site, it nevertheless recognizes that, due to no fault of its own, there is at least a possibility that it may fit within the broad definition of potentially responsible parties ("PRPs') under CERCLA, to whom liability may attach; and WHEREAS, the United States Department of Justice ("DOP) has filed an action naming the City as one of several defendants in litigation to recover cleanup expenses under CERCLA, and has offered to settle this litigation with the Cir In the amount of $1,934; and WHEREAS, the City desires to avoid the uncertainty and expense of litigation in a foreign venue; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEFtEDY ORDAINS; SECTION I. That the proposed Administrative Consent Order is approved, and the City Manager is authorized to execute same on behalf of the city of Denton, Texas. SECTION 11. That the City Manager Is'rereby authorized to expend an amount not in r excess of 51,934 in settlement of the above litigatior. SECTION III. That this ordinance shall become effective immediately upon its passage and approtal. Page 1 of 2 I i ~ I l I 4f PASSED AND APPROVED this the _ day of .1499• JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY I t I P~ye i of i 1r , AGENDA INFORMATION SHEET Apend~IIMD 4 WI► AGENDA DATE: April 6,1999 DEPARTMENT: Planning Department CMUDCMIACMI Rick Svehla, 349-7715 SUBJECT - Z-99-002, (TRCA Corp) Bold a public hearing and consider rezoning a 5.0 acre site located on the notth side of Mingo Road, east of Loop 288 from Agricultural (A) zoning district to Light Industrial (LI) zoning district. The property is legally described as a portion of the 150 acre tract out of 'he J. Early Survey, Abstract 1279, in the city of Denton, Denton County, Texas. The purpose of the zoning change is to develop a site for the T.R.C.A Corporation, The Planning and Zoning Commission recommended approval (6-0) with conditions. (Z-99- 002) BACKGROUND The applicant has requested to rezone this property to develop a site for the T.R.C.A Corporation. The property is currently vacant. D The subject property is located in an Agriculture (A) zoning district created on October 15, 1996 by Ordinance 96-233. ➢ The proposed development 13 consistent with some of the policies of the 1988 Denton Development Plan (DDP) as applicable, many of the 1998 Denton Plan (DP) Policies and is somewhat inconsistent with the 1999 Grow4h Management Strategy (GINS) (see Attachment 1 - Comprehensive Plan Analysis section). i Ninc (9) property owners were notified of the zoning request. No responses have been received, The twenty perceml rule is not in effect, ER10R AC710NIREVIE ' The following is a chronology of Z•99-002, commonly known as TRCA Corp: Application Date - January 13, 1999 DRC Date(s) - None P&7. We - February 24. 1999 ESTIMATED PROJECT SCHEDVIE None FISCA1. INFORMATION Development of this property will increase the assessed value of the city, county, and school district. 11 will requi•-e no short-term public improvements that are the responsibility of the city. 1. t P&7,~SUGGESTEO RECOMMENDATION The Planning and Zonirg Commission recommends approval (6.0, Ga.'uer absent) of this zoning request with the following conditions: 1. Lighting on the property shall be designed and maintained so as not to shine on, or otherwise disturb, adjoining property or to shine and project upward to prevent the diffusion into the night sky. 2. A buffer yard along the eastern, northern, and western bounda! that is at feast 15 feet wide with one canopy tree per 20' of buffer yard and with LS understory trees (rounded to the next highest whole number) for every canopy tree. 3. That the maximum allowable square footage be limited to 78,125 square feet (a non: area ratio of approximately 0.36:1), maintaining a traffic generation level at 300 trips per day based on the estimated trip generation for the proposed rise, Finding that: o Although the proposed rezoning is somewhat inconsistent with the 1988 Denton Development Plan, which denotes this area to be low intensity, the proposed use is it fai:?y ii low intensity and would make good use of its proximity to the railroad and Loop 288. i o The proposal is somewhat incompatible with the Denton Plan Policies, however does encourage a logical butler between designated residential uses and the railroad. a The proposal is inconsistent with the adopted Growth Management Strategy, which calls fcr this area to be multi-family residential, however this category in the GMS allows for mixed use non-residential development, as well. The GMS also calls for the area immediately south of Mingo and the railroad to be industrial and commercial, so the proposed zoning and use would not be completely contrary to the projected development of She area. OPTIONS I. Approve as submitted. 2. Approve with conditic ns. 3. Dcny. 4. Postpone consideration. 5. Table item. A'i'TACI*.1ENTS 1. Planning and Zoning Commission Report, February 24,1999, 2.99.002. 2. Planning and Zoning Commission minutes from February 24.1999. 3. Draft Ordinance. ReRetpectfully subm' / V , D Hill ,t , Director of Planning and Development (1 ` Prepared by: W, , p Tnna Finney Planner 11 2, i ATTACHMENT 1 A"bm PLANNING AND ZONING COMMISSION, STAFF REPORT Subject: Zone Change Case Number: Z-9£-002 TRCA Corp ,M: Trina Finney, P,anner II Agenda D-ite: February 24,1999 PY PSOVI, ~..qt Hold a public hearing and consider mating a recommendation to the City Council concerning o zoning change for a 5.0 acre site from Agricultural (A) zoning district to Commercial conditioned (C(c)) zoning d ;strict. 'f he Intention Is to develop a site for the T.R.C.A Corporation. Z-99-002, TR+CA I 1 SITE i N i I ~ W L' S LOCATION MAP Location: Located on the north side of Mingo Road, east of Loop 288. Size: 5 acres Pl Rgx~r,.r,rx i 3. t u Applicant: Greg Edwards Owner: Dr. Ed Wolskl Greg Edwards Engineering Sevices Inc. 24381.35E South 301 North Carroll Denton, TX 78205 Denton, TX 78201 `Section 35-7 of the Code of Ordinances outlines the rules of procedures for emendments to a zoning boundary ordistrlcf. In general, any person having proprietary Interest In any property may petition city council for a change or amendment to the provisions of the Zoning Ordinance, or the Planning and Zoning Commission may on Its own motion or on request from the City Council institute study and proposal for changes and amendments in the public interest, The Initial application for the zone change on this site requested Light Industrial zoning. TRCA Corporation has opted to further restrict their zone change request to Commercial oonditioned (C(c)) with standard commercial uses plus the additlonal use of light manufacturing to allow their use, modification and reassembly of older telecommunication systems. i This site has been designated a low Intensity area In the 1988 Denton Development Plan. Low lotensity areas are primarily aimed at residential development, but do allow a mix of uses to serve the surrounding residential neighborhood. This particular use could not be considered as suiting either of those descriptions. The Denton Policies have different goels than the 1988 DDP, including making use of existing infrastructure, improving substandard Infrastructure and overslzing lines when warranted. The proposal maets all of these goals in addition to many others. This location may warrant heavier commercial uses with its location on the railroad, its close proximity to Loop 288 and the neighboring uses located across Mingo. Classic Corrugated and Safety Woen Corporation ore both Industrial users with higher volumes of truck traffic than the proposed use would generate. The adjacent land uses and transportation systems would likely Impede the development of multl- family residential u ses at this site. The Growth Management Strategy, recently adopted, has designated this area for multi-family residential, allowing rrlxed use non-residential as an allowable category. While this Is more Intense than the 1988 DDP, it may still be too tight a use considering the existing neighbors and heavy transportation system. 01 Rey~nt ax 4,~ . r 1988 Denton Development Plan Analysts The 1988 Denton Development Plan (DDP) shows this area to be within a t ow Intensity Area. These areas are Intended to be developed primarily for single family residential development. ! Neighborhoods are to be serviced by a network of small commercieVretall centers spaced at about '/a mile Intervals with direct access to a collector type street or larger thoroughfare. Vehicular trip generatlon due to development within Low Intensity Areas Is restricted to 60 trips per day per sere In order to balance $and use with road capacity, Staff finds the proposed development to be consistent with both the policies and trip Intensity standards of the 1988 DDP. , The table below provides a summary of the 1988 Denton Development Plan polic!as applicable to r this project: Denton Development Plan Policy Analysis Summary Low Intensity Are Development Rating vs. Policy SiRk tly somewhat POLICY COMMENTS Inconsistent Inconsistent consistent Intent. These area represent primary housing area Wthln 04 nty. It intensity. To be cadlstent WO the Allwred Intensity • 60 trrp4xm plan, a development should not exceed Ib nooted intensity ■ 3oo trips+site % allocated Intensity. Site Man control. stild property straight tight Irdustrkl toning ofkn little development control within 1,601) feet or site plan control extonq low derv y reaidental areas. % Traffic Oeolgn. Aoass should be provided to ensure that multi-faWV or non-rtodenhal uses have boom to colletons or larger artenats oath no drect tuess ttuaugh residentat si % Open Space. Sufficient green space, No open space is proposed or repaired recreation,' facilities and dyersity or parks ova and above that stipulated through are provided. the landscape ordnance, NA publle participation. Input Into The oppprant old not Indmte any interest planning by nclghbo hood assodations and Ina nNghtofiood nkebrq councils k erxourapod. % ` Lind Ilse Olvenlty, Nan-residential and Whik this would be a dverae Land M It multi-ramps devetopment is enorwraged to Is not In pne with 11A term "limited minuted degree, degree', Menufoctured Hawing. This form of singte-fanuly housing may be compatible whth develcvments in the low Intensity areas wb)ed to cordtlons. NA Strip Comm erctal, Any form of Thls would rot be a strip commercial k oanbnuous rWp commercial Is strongly coMb tor, r , dscouraged In/or near low intensity areas. S. C I Fi998 n Plan Policies Analysis ton Plan (OP) is to be used In conjunction with the 1b88 Denton Development Plan In consistency of propos ed development with the long rnnge vision for the city. Staff finds the proposed development to be somewhat inconsistent with the policies of the 1998 DP. 1. Transportation A. Trip generation Table 1, Proposed Land Use Trip Generation Gone. ation Per Generation Bulldout per Developer FAllowedTrlp e Average Trip Total Trip Proposed Maximum 1,000 sd. 3.85 lripsll,OOJ 192.5 60,000 s.f s.f. NEW & ration 6.0 acres 300 60 tripslscre 107.6 279% below allowed trips ' Calculations prOOM by the IMSMW of Tramporhtlon [nginura,1991. Table 2, Proposed Land Use Trip Generation Land Use Average Trip Total Trip Allowable Maximum Generation Per Generation Buildout per toning J Regulations ssembly µ 3.85 trips/1.000 754.8 196,051.65.1 51. (at a 2:1 F.A.R.) F- TOGUrTilarff t ray °!Allowed Trip Generation 6.0 acres 300 60 trips/acre Difference 454.8 151,2% above aliowsd ~ trips 11 groom_, ' calculations provlM by tha nal!tuta of fronsportat!on Inplnaara,199 . B. Access i j Access is available onto Mingo Road. C. Road Capacity Mingo Road Is classified as a ooliector with a capacity for 9,100 trips. The Mobility Plan has 6, r idesignated Mingo Road as a collector on the east side of Cooper Creek Road, however holds no such classification on the west side until it crosses south at University, when it becomes designated as a secondary major arterial. At present, the 1997 traffic counts Indicate that there are 1,476 trips created on Mingo Road, just west of Cooper Creek Road. There is capacity to handle the trips generated from the proposed development. Mingo is currently built well below standards and can handle 3,800 trips as the two lane undivided rural road that k Is. D. Pedestrian Linkages Sidewalks along all public streets are required. 2. Utilities This site has access to existing water End sanitary sewer lines (see Enclosure): Water: There Is an existing 10" water line In Cooper Creek Road, south of Mingo Road. An alternate 8" tine also lies south of Mingo Road, west of Cooper Creek Road. Wastewater: There is an existing 10" sanitary sewer line In Cooper Creek Road, south of Mingo Road. Fire: There are existing fire hydrants on the south side of Mingo Road, however they are not adequate to serve the proposal and additional hydrants will be necessary. 3. Drainage and Topography New development will be required to design and construct a drainage system to city standards, A preliminary drainage study will be required with the submission of a preliminary plat. The study mus' Include calculations of the 100-year storm for all drainage areas on this property and any 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 As per the sign ordinance. 6. Off-Street Parking New devcipment must provide parking according to the regulations of Section 35-301 of the Code of Ordinances. The total number of parking ;paces required by any one development Is a factor of one space for each two employees, or one space for every 1,000 sqaure feet, whichever Is greater. 6. Landscaping This property will h ive to comply with the new Landscape Code, which requires fifteen (15) trees per acre and twenty (20) percent of all surfaces to remain pervious (plantable area). 7. Lighting Lighting on the property shall be designed and maintained so as not to shine on, or otherwise r disturb, adjoining property or to shine and project upward to prevent the diffusion Into the night p2 Repvt dnc 7. I r t! b sky. October 15,19W The subject property was placed In the Agriculture (A) zoning district arid land use classification by Ordinance 96.233. The subject property is not platted and would need to be platted prior to any development. C.V~4~C 1f.~~~i~~~ }.:i~:'11 i~rt ~~iY %~I+z rtj l~,7'i♦.~,~1, r 4 _7~, .e..a,bw ra~nr.8r..7,, tie~.s~w. iky= i Notice of the ?oning request was published In the Denton Record-Chronicle on February 14, 1999, Nine (9) property ownors were notified of the request on February 11, 1111, As of this writing, there hf.ve been no responses. The twenty percent rule is not In effect. There were no n~alghborho/od~mpeetings held for this proposed rezoning. T Staff recommends approval of Z-99-002 with conditions A, Band 0 below based on these findings: n Although the proposed rezoning Is somewhat Inconsistent with the 1988 Denton Development Plan, which denotes this area to be low intensity, the proposed use Is faldy low Intensity rind would make good use of Its proximity to the railroad and Loop 288. o The proposal Is somewhat incompatible with the Denton Plan Policies, however does encourage a logical buffer between designated residential uses and the railroad, o The proposal is Inconsistent with the adopted Growth Management Strategy, which calls for this area to be multifamily residential, however this category In the GMS allows for mixed use non-residential deg,elopment, as well, The GMS also calla for the area Immediately south of Mingo and the railroad to be industrial and commercial, so the proposed zoning and use would not be completely contrary to the projected development of the area, PROPOSED CONDITIONS: A. Lighting on the property shall be designed and maintained so as not to shine on, or otherwise disturb, adjoining properly or to shine and project upward to prevent the diffusion Into the night sky. B. A buffer yard along the eastern, northern, and western boundaries that is at least 16 feet wide with one canopy tree per 20' of buffer yard and with 1,6 understory trees (rounded to the next highest whole number) for every canopy tree. C. That the maximum allowable square footage be limited to 78,126 square feet (a floor area ratio of about .38;1), mainta,ning a traffic generation level at 300 trips per day based on the r estimated trip generation for the proposed use. F2 Anr~rt.dx t1. I i ~RS<z~r ~ ~R.~r~~rrta ING I move to recommend approval of Z•99-002 with the conditions as proposed In the staff report, finding that the proposed zoning, while somewhat Inconsistent with the OMS, represents a use of the land that Is compatible with the adjacent land uses and reflec;a the constraints imposed by adjacent land uses and transportation systems. t. Recommend npproval as submitted. 2. Recommend approval with additional conditions. 3, Recommend denial 4. Postpone consideration. b. Table item. 1. Vicinity Map 2. Zoning Mvp. 3. Utility Map. 4. 200' Property Owner Notification Map. 5. Photographs. 6. Dentca Plan Matrix. 1. Letter from applicant requesting change to oNInal zone change request . Ito", PZ Rn'Tt W 9. c Enclosure ! McInly Map Z-99-002, TRCA J t uci Plctu e> CIeSSEC Safety Corrugated Kleen N a s PI AeW dcX .rrr 10. i C c~ Enclosure 2 Zoning Map Zw99-002, TRCA t OF-10 SITE i ~ P c • W E 1 ~ S r P2 R"g4oc Z1. ~ G U Enclosure 3 Utility Map Z=99-002, TRCA srm N 0 ► W • iclur s I w Water Line Sower Line • Fire Hydrant R2 Report we 12 i ca Enclosure 4 200' Notlfkatlon Map z-99.002, TRCA 20 of B undery I oundory N i G W B S =rmil ti f w r! ° c. PZ Peron Coc 33. J 0 U Inclosum PHOTOGRAPHS Photo 1. Photo 2. Photo S. Phe1o 4. L 1~. i i ENCLOSURE 6 The table below provides a summary of the 1998 Denton Plan Policies applicable to this project; Denton Plan Policy Analysis Summary Developrrent Rating vs. Policy CATAGORY POLICY inconsiste8 consistent Transportation. Cortpllments Denton's Long Range ThwoWare pan. 1r! k';'^ Promotes Access Management Produces `V X i Opbmlres operatlo s for emergency *Ate providers and 4 other pudic service proOdem. n, 7t Promotes pudic transportabon system. X fntT Contributes to the Denton Trans network k Stormwater Drainage. Protects 100-year ooodpbin areas In aocordance with Denton's watershed management plane. >.i Conforms to WA subdivision regulation, X Contributes to regional detention fadlltlesi? k l• j Pro%ldes for natural nparlan environment along 11oodplaln. ":.X Mkt' j Upgrades odsurg substandard drainage rys" as kill ,~r,~ end rtd 41Wment occur. et Water and Devalo malntaln property P+ and gouty and private Wastewater. Inkasinxtun• • ` 1,11i X Creates opportunIty for oversidng water and wastewater HIM to meet future develoPMN demands Provides r_Aew of proposed water and wastewater aM Inkastr%dure to ensure public safety and Mab. X Promote! Infill Improvements over new MA n,xtenslon. Eleme. provides undef"und eledrk r' ka fa, new resldental 3 # and nonresidential de+eloo n X Sorld Waste. Promotes !rodent mess to a1 &,Tj moot far sold waste service delNery. X Parts and Recreatlon. bates parks and reavWM hdllbes In amordanu with N Parks and lieaeabon Strategic Plan, 1' ak Enhances parks and reaeatlon n,npdrtrmtlties for residents. X ;113 s' Reserves ooodp!aln for park) and open space to aid in YS+`' ~ floodplain conservation efforts. J F k S Allows comdnlno of parks with other purbllc fad6tks to adhieve cost eRedlve devery of pudM wvkes. c Residential rkrolopment should dedkrte land or fees ki 1, ! Ileu of land for neighborhood parks. }F Emkronmental Quality. Promotes reserva0on of natural reso x[eS• h X" Integrates erw ronn"tal protectlon with to"nie growth and commurwty development AMA X f . i r A , f rr", r PZ R%xil d,c 15. r+raaaar G 1998 Den'con Plan Policies Analysis (continued) Denton Plan Policy Analysis Summary Development Raring vs. Policy CATAGORY POLICY IMMnswtent Appkable cwwdent Nalghberhoods. P ~ across a c and and cwmmr>Ity fa rid fw Q F En[wo" a mlxbre of land use that bereft m idents, "tedf and praeervm exlsbrg ndghbwh00ds. Prwnotes Ncyde and pe&*Un bank oMn and between neigh 0hWis to M&M VehWw VOL Hawing. ProWde 1 range d twning type that appeal to AffeArq amnortdc and IndMduai ura•Kyks. offers a vaAety of atngle-fartsy tot am bundng 10aes, [ W price range i Preserves existlng housing. Indudng affwdaae housing, Inae+,ses beVn howing cor4b%don, too"wc Contribute& to a strong and dlm*W b W eW4" by Divasteatton. increasing emdoynwt and expandUgtha tax base. X Government Encaxagd Intergovemrtental eowdlnatbn to "Ade ' X cost-en'edve "Ic "Woes. Urban DW Wt, Addresses wwwty appearance In a OnvmhenOve neMer. dversines arCatactural appearance d M envl Mwnt X NAt bwtood Inns develoMwt OAM be ow ouble wth exiebnp land use and bAlings. x Protect and preserves Denton's arcNteLUd, aural and Nstwlul reswrtes, r trhanas N appearance along *0 enban W4% Promote the preservation or bees and landscadng, X Public lnvolvawn" kaWdes an oppwbjnl; rw gable opHM during tl+e ptanrdng process x r I i I i 16. 0 I , ENCLOSURI; 7 `4e~ OAlO ~CWAi3O8 i11'Vti>1~~N0 e1tRVIG~ amnownyauwo~4 •%amio trw ~ nid~+astaar~ rvawwar~caa rvL~r..v.~w~...++ { Thursday, February 18, 1999 City of Denton Attn.: Trina Finney City Hall West Denton, Texas 76201 Re: TRCA Addition, Dear Trina, Per our discussions this morning, our clients are willing to amend their zoning request to a conditioned Commercial zoning which would allow the additional use of light manuf icturing, which would allow the telecommunication remanufacturing operations which TRCA is proposing. Please call If you have any questions, or need additional Information. Sincerely, Gre dwards, R S, + 4 1?. ~ 1 c f r ATTACHMENT 2 Planning and Zoning Commission Minutes February 24, 1999 Page 3 of 4 the Detailed Plan change is to reduce number of units (totaling 272 single family lots) and park dedication. (Ryan Tract, Z-98-056, Trlna Finney) Motion by Elizabeth Gourdie and seconded by Salty Rishel to recommend approval to the City Council. 'Discussion of thls item is Included In a Court Reporter's transcript attached to this set of minutes (Page 46). Motion carries 6-0, 7. Hold a public hearing and consider making a recommendation to City Council regarding a change in zoning on a 5.0 acre site located on the north side of Mingo Road, east of Loop 288 from Agricultural (A) zoning district to Light Industrial (LI) zoning district. The purpose of the zoning change Is to develop a site for the T.R.C.A Corporation. (TRCA Corp, Z-99.002, Trina Finney) Motion by Susan Apple and seconded by Salty Rishel to recommend approval to the City Council. 'Discussion of this item Is Included In a Court Reporter's transcript attached to this set of minutes (Page 62). Motion carries 8-0. 8. Hold a public hearing and conslder making a recommendation to City Counril regarding a change In zoning on a .22 acre site located on the southeast comer of Chambers and Clifton with frontage on Dallas Drive, from Single Family (SF-7) zoning district to Neighborhood Services (NS) zoning district. The purpose of the zoning change Is to expand the existing office and retail space. (615 Dallas Drive, Z-99-006, Trine Finney) Motion by Salty Rishet and seconded by Elizabeth Gourdle to recommend approval to the City Council with conditions. 'Discusslon of this Item is included In a Court Reporter's transcript attached to this set of minutes (Page 81). Motion carrles 6-0. 9. Hold a public hearing and consider making a recommendation to the City Council concerning the annexation of 62.491 acres and concurrent zoning of sub)ed property to a Single-family 16 (SF-16) zoning district and Single-family 10 (SF-10) zoning district The property Is located on the south side of Ryan Road, approximately one hundred and fifty (150) feet east of Forestridge Drive. It is legally described as Tracts 7B and 89 In the N. Britton Survey (Abstract 51) and Tract 8 In the T. Labor Surrey (Abstract 779). The proposal Is to develop a one hundred and twenty-nine (129) residential iot subdivision. (Z•98-058, Thistle Hill Estates, Wayne Reed) , Motion by Salty Rishel and seconded by Bob Powell to recommend approval of the annexation to , ~t r the City Council j 'Discussion of this Item Is Included In a Court Reporter's transcript attached to this set of minutes (Page 131). Motion carries 8-0 t 16. 3 i w. { 61 AL 1 wasn't eoopetation on the other aide and fight liter I it believe there art sow existing cor:afons 1 fight on the floor. I know that this to Wd better 2 and constraints on the lard that lend itself to esel ) for you and for the developer and for lht City as a ) other than svtltifamily, and I take this opportunity e whole. And I appreciate all of You walking together t to, basically, encourage you to deviate from the S on this. Mr. Norm) S Growth Management Strategy. 6 MR. MOREMQ: I went to say awn. I really 6 As long is you make the kinds of fimiln;l 1 appreciate the spirit of cooperation between the 1 that we're suggested in the backup, particular use developer and the neighborhood. It's very refreshing. I that's proposed for this site would qualify is ii;ht 9 I appreciate It. 9 wnufacturing which requires Light Industrial taring, 10 19. ENGELIARM: Mt. 60+!111 You haven't 10 And In talking with the Applicant, we acknowled;e what 11 weighed in. 11 they want to do and tried to find a way not to u! I 12 Ml. POwEW It's all been said, and I agree 12 light Irdustrlel because of the red flags that up 11 with it, 11 with that. it M. AISHEM I halt people ask n all the 16 And we originally proposed kind of a IS tin about It sometime Neew that it's builders 15 comelcial plus toning strategy, although the 16 against neighborhoods, and it's always refreshing to 16 coamrcitl uses in order to give the applicac: 11 say that I don't think that I can me&Z a tlm that 11 future tights, should the particular use go rely, plus 18 I've been on this bard that if the builder and the to the additional Ust of telecommvuniutiona 19 developer have a chance to talk to their neighbors and 19 temanufacturing, In talking with the staff this 20 explain their positions that devdopwnt and 20 morning, we reallted that we can't go that vsy Ir. the 11 neighborhoods don't work hand in hand. then I think It condition zoning. Is'as got to go something ur:a 12 this is another elatple. I appreciate the efforts of 12 rather than something plm. 21 both the builder and the neighborhoods to work 11 So we're back to light industrial cord:'iored 21 together to come to a very imtoil agreement, Thank 11 and all of the baggage that that cons with, but, 1S you. 15 basically, we've all agreed to strike all of those PLhNNINC { IOIING FaROAAY 24, 1999 MOING { ICw1NG F SPWY 21, )999 61 61 I M. MEOW: Okay, Any other commit l uses that are unique to the Light Industrial tons 1 All in favor of the motion please raise your tight I district except for the one use mentioned ) hard. Notion carries unanlouusly. Thank you. ) telecomadcatiou remanufacturing, t We will rave to Item 1 this evening, which is 6 All of the coemercial uae all 1110 Usti by public hearing considering eking a recolecendatlon to 9 right in the Light Indumttial toning district. So, 6 City Council regending a change in toning on a 6 Wicdty, we're going to go light ltdustiltl un.s, 1 five-acrt tract located an the north aide of Mingo ) And I hilt copies of that bell. I have copies at the I load east of Loop 182 from A;riOUlturol toning to I comrcial toning allowed use and copies of the light 9 Light industrial toning. The puzpost of the toning 9 Industrial toning allowed Uses with the purely li;ht 10 change is to develop a site for the 1.l.C.A. 10 industrial out stricken except for tNeenomwfcatiano 11 Corporation, 11 temtnufacmring. So I'll past these around. 11 A.nd, it this live, I will open the public 12 Okty. So whet weir rather thin 11 hearing, Mr. Donaldson is going to provide the stiff 1) commercial condition, we're talking about light M reports. Sir. it industrial danditloned. And, again, we Este In the is M8. DCMAL090Nt Thank you, Mr. Chair. This 15 trip gtneration tht 229 percent below allowed trips. 16 pmrtlcoler piece of lard it five octal along Mingo It Trino and me have had a ataiqua llgebuia f0rmtle, she 11 load between taop 181 and Cooper Creek load north of 11 was Working with bete. It'l actually 16 petant telow A~ 10 Highway 360, which is down In this ate. This 11 as proposed. Ye halt atwlly ouggettd is a C~ 19 particular <mo caused stiff to do ion heidscratching 19 condltion t floor-area ratio of .16 to 1, which V3 ../j 20 because In the recently ipprattd Growth Maswtennt 20 up the develu{4d are at the oitt to in life Cat 21 Strategy, it it identified a multlf lily residential 21 equate to the trip intensity thttshold from the 22 am on this blabby little map Oat Ve but which is 12 Denton Devolopmnw film. 21 alwst ispoelble to read the plrticulat property 13 Ie'u also suggested two other corditlcrt. 21 is tight hare, and it's colored is if it should be 26 One, out standard lighting Condition, that lightlcl on 25 multifamlly ratldentlol, 2S property be designed and uinkiined to to not to shine PLANNING I IONING FEMMY 2e0 1999 19 PLAMCtIG I 101114 ftmuy 11, 109 P iS 11 l 1 on or otherwise disturb adjoining property of to 1 unique set of ttamporGtiur•teletd facilities with 2 shine and project upward to prevent the diffusion 2 the railroad and shut loop 286 and no direct access to 3 Into the night sky. And then we've also Isaggested a 3 loop 211 carbine to take difficult conditions, 1 buffer yard requirement osng the east, north, and t probably, for developing this particular piece of S west boundaries, which corre3pond3 to a IS-foot side S property as multifatily. 6 landscaped area with one canopy tree for every 20 feet IF A:d that the proposed use rakes a whole lot 1 of buffer yard and one and a half understory trees per ? of sense is a brl6ge between the existing uses and any campy tree. I future devolopaoent to the north, Any quations of m? 9 0ith those, 1 believe we belped to achieve 9 MR. CNAIMC01: Cceelssioursf Mr. Rishell 10 compliance with the Denton Development Plan and with 10 MR. RISHILr Mould you rephrase or restate It the Growth Management Strategy and consistency with 11 that part about di►cutrLnatia of the Mingo Roadl 12 the adjoining caning and lard uses. Enclosure 1 12 MA. DW20: Let ee Ara if 1 ha+e a mp 11 identified some of the existing operatlou that are in 11 We that will work. CID you room in on this A little 16 this ma, the classic Corrugated plant on the west 11 bitl Okay. SS side of Cooper Creek Road soutk of Ringo, Safety Klein is m. IIWL: Mold it up higher. 16 on the east aide of the road, and then the new DCI A MR. DOM>yDSON: I'll draw. 11 plant just to the east. 11 MI. RISNIL: 1 mean, 1 understand there's I 11 Some of the other toning that already Witi 11 bridge in there that's 19 in the area there's a PD up hen "4!ck actually 19 MR. DOWDSON: Right. 20 calls for lift NM strict lard rtes, as well. W 20 to. NMI that's put of as 21 the balance is agriculturally vned, One issue that 21 difficulty, ke you toying that we're Do linger going 22 we reed to address is that Mingo has been elininated 22 to have that as a transportation is a mobility 21 from our roadway cosponent of the Denton Mobility Plan 21 excuse W. 11 and will no longer be tlasslfid is a collector 26 10. DORILDSOO: Prior to Wesabet wfier we 25 street And, in fort, the intent is to discontinue 25 adopted the new roadway coWent of the Mobility IMING a IONING PEeMy 26, 1999 PLNNMIMG a ZONING r6bRmy 21, 1999 i 66 el I Mingo between old North, which It just oft of the map 1 Plan, Mingo was shown is a collector road on out 2 here to the west and Cooper Creek Deuu3e If the cost 2 thoroughfare system, the new eoagorAnt twits Ringo ' 3 of 1 structure requird to go across the floodplaln I from Old North to Cooper Creek. It's still shown is a 1 right here that Teets our standards. 3 suspect that 1 collector east of Cooper Creek. S that's a long way down the toad. S In hopes that we can Actually eliminate I Ville already net with the applicants as fat 6 through traffic on this road in order to avoid 1 13 platting the property and love identified an l upgrading the Atructure which is about right then upgrade of Mingo from their properly to Cooper Cteek 1 floodpltin omi doom through bore and, at this 9 Road in the fore of in overlay as part of the platting 9 point, it's fairly brood and would require a fairly 10 requirements, So they will have in imptoved route to 10 sioblt structure to adequately bridge it. Not 1 tight 11 Highway 380 and, ultimately, to the lap 211 tit 11 David, so fat? 11 Mingo, Cooper Creek, and Highway 310, 12 to avoid those loug•ttn costs, the idea 11 13 Basically, that brings nt to the !Wings 13 simply to l1white that this is I through toad SL that we have offered to t suggestla it order to get 16 old, basically, mate two cul•de•191 ors going to IS away from the mltifWly dealgration. One finding lS the list, oat go!nq to tbi west, 16 that the proposed use is low lnttuity, especially 16 0. IIHL: I guess my questlot III Is 1? with the floor Area cap that's been suggested. And it Il there a scoured oor m free that tree irdatriallyl ~ As 11 makes good use of its proxietty to the railroad and to 11 You're not proposing you'll jut proposing that we 19 Lonp 261 and Highway 381. 19 dgwhgtadt It In the data. Iou're not praposirp that 20 one that It's, basically, that although 30 we're doing away with it in function. r 21 it's tameuhd incotpatible with Denton Plan poliriu, 21 0. DINN1OS00: Correct Correct. By 22 it does offer a fairly logical buffet between the 22 dlminating its through-flog capability, that 11 ex13ting Pore Wutrial•related uses to the south and 21 eliminates it trot collector classification. 26 the more residential uses that are Identified on the 21 A. Ilia that III$ my concern. 2S Growth kanageeent Itntegy, and that this kind of PS MI. DONkm: 3 suppore log could call it a PLANNING a IOOING tWour 21, 1099 20. PLAMI G 1100100 RIRWY 210 1999 i ` t. a. II I 69 ~ , I minor collector In that it will collect traffic from 1 conflicting Information such is this use. So we will I ttds area and flow it this way and rice versa on the 2 bt revisiting, 7 other side of the floodplain. ) M. ENGELUECRL I think that's to be 1 I(A. 11MV My difficulty was with it you 1 expected glean the amount of lard mass that was dealt S had to g1 north on that, you're running into soots S with in that process. I would Ask you thin If 6 residential areas. And coming south is not always 6 someone wanted to know from a larger perspective i 7 possible as you access and try to mill an onivenity 1 been, you can look at those little maps, and you un't 1 or 380 can be kind of difficult. And 1 see I lot of 8 tell when your property is, from A public 9 trick tcafiic moving down that way and going down to 9 information perspective, it someone owos a piece of 10 Mockingbird and taking the loop back around Ind 10 property, and they want to how what does the Growth It getting back on 100 because there's a controlled light 11 Management Strategy say with regard to my piece of 12 there. That makes it fairly easy to mall access 12 property? Nov would they go about finding out that 13 adely. 1) information in a specific sense? Would they call your 16 M. D%ALDSON: I would Imagine that at some lA officer 15 point in the fairly new future, wt end up with a ES MR. DCNAIOSM Cell 119.050, 16 signal it Cnoper CreeklMayhill and Highway 180. I6 MA. M18RLCMI; I'm assuming you would go 11 M. ENGELUM3 told you go Pact to that 17 into the GIs and, specifically, pull up their 11 other maP that you bad up there right there and point to P. MNALDM Yes. 19 out Old North load? 19 MR. ENGELRWRIr piece of property? In 20 MR. DCMILDSON: Just off CI the map. Old 20 fact, the Growth Management Plan of t'ue Growth 2I North is about right here. Let's set it I can 21 hanigecent strategy Is on our Nebsite now, so people 22 reconstruct this. There's the intersection right 21 can actually dial that up and lee the little blabs on 2) there, three-way interjection, Then 380 whore it 21 the map, Or are can get into that in our office and 21 books back up here, and there's rartellfphonetiel Gar, 21 also attIA all of the various policies that have been 2S I believe, It'I right on this Cotner. A.nd then we 21 adopted to that map and provide guidance, ILA NX I DIMS 11590ARY 21, 1999 Psw1NNING I ZONING PEBICARY 21, 1999 ?0 ?i I have the dentists and veterinarian shops In here. 1 And, once again, knping In mind that through 2 South of this point, is Mockingbird. North I locking at each parcel critically and analyzing how it ) of this point, It'I old North. You have another ) relates to everything Ilse around it, we expect the 1 deal-named street. 6 commission Ind the Council to deviate lion it ftoe S MR, EKALRREM: Ate there questions for No. S time to flow, if long as we make the kinds of inelysys 6 Donaldsanl 1 would have one end that would have to do I that we ought to be making, In additlot, now, the 7 with the fact that In the event this is approved, 7 staff is now recommending light industrial would it not be appropriate to review that area that 1 Conditioned, And is 1 mnderitand it 9 is designated is maltlfamily to reconsider it in light 9 1R. DONALDM Yes. 10 of this particular piece and tht fact that there is a 10 NR. ENGELBRUM You handed out this list Si light industilal just to the fait of it, it retire, It of and I say that from the standpoint that you 12 Ind possibly reconsider where those lines ought to bet Is started out with the idea that WMIClal condition Il MA. DCMUSCMr yes. It probably would be 1) via simply this little it, but because, legally, vs II appropriate, and I just remind the Cobmljelon that 11 had to go to LI and then conditioned it down. But you IS we're an this continuum of procers called the Denton is handed out this list. It seeess to It that these ata 16 Plan, lud we're hot yet to the end of it, and the 11 very few things that are marked off of that, so that 17 Growth Management 311 ;egy It not in end product. It 17 thee; it seems to a that the Ipirlt of what yam 10 leads, yet, to I land use plan, which will yet load it were trying to tccoplish with the cameerciil 19 yet to petbapa ttviafona of the Inning ordinance red 19 Conditioned we not wt'ta gone beyond that with 20 designatioma, So Growth Management Strategy isn't the 20 this LI Condition, 21 end-all and be-all, It's a guideline 21 NP. "ALDGdI: Actually, 1've marked off 22 MR. ENAL61dCN11 light. 22 *Iffy itu that is unlgue to it on here, b4lieve it of 2) mil. DONA1M: And we need to urlsit it. 21 not, Thia its only about I darer of tbem. N We'll exountered, rat a lot, but several Jost 21 Pvtrythinq else is also avallable in the cow rcial 25 absences of information on it 11 particular places of 25 sonlnq district. And the big ties, certainly, in 11 MIX 110011G 1EIROARY 21, 1999 21 ~ M"ING I DING MR00Y 21, 1999 • f 1. lI as I la light maaufacturinq of itduatfhl tats, and I've 1 N a value to the }.A.C.A., and we would request your I repltctd that wit% Nlecawnicatioa - I support. If you bait icy quest'.-i, we'll be Bled to 3 ommatoficturing, 3 try to vows[ those. l MR. ENGELBASCNt; Okay. All tight, 1 0. EVALIRECNT: Are share questions at this S NR. DCWALDSCN: That Poets the performance S Emil I aright ask you, Mr. Mardi, on this list of 6 Itandards of the coning code. 6 ties It has spatial induatri 1. procnsts, temporary I MR. INGELBAECNt; Any other questions far Mr. T asphalt or concrete bitching flint. W then written 6 l l I in down hers his Non mixing or sale of concrett. 9 M. KIM: I'm just eurLous what I Bo you Dare a problem with those being ddckeol 11 telecotwn4etions - remanuficturdng meua. 10 NR. EDRM: la, we don't, it 1d. INMBRSCNT; you cat prabebly ask the 11 MR. UZURECNT; Pardoal 11 Petitioner. 12 MR. IDt01ADS: Ib, we don't, 13 MS. GOOAOIE: Okay, Tmank you. 13 NR. INGE18,4"NT: Okay, TWA Tan. Any 11 IOC. UGELBRECRT: Thank you, sir. Is N other qutstions for No. Idwirdsl lS FttitiOr.l Or Petiticafr'e representative preseotl ld NR. OWDS; Thant you. 16 Would you give us your tame and business address for 16 MR. E99LIMT: It theta anyone present who 11 the record. 11 world like to speak In favor of this petition! toj, 11 MR. ECUARDS: Mr. Chairman, mwters of the 11 lit. If you would, give us you tame and address for 19 Couissioa, I's Greg Edwards, I'm I civil og1tier. 19 the record. 2t Woe reptosentiag f.A C.A. M1. John FOSW it boom 20 W Ntr11ELIW NY sue Ss Cal Nixwetl. I'm at 21 with C.U.A. I thick I'm ptttty auto It stands 21 1101 kitlins !end in Denton. I'm not here is s ky 22 for telemarketing Corporatiaa of America. Buically, 22 Scout, Well, I u. I had to brir.y ip son down. And, 21 is I undeomtand their process, they took photo systole 21 just eoitcldentall , I happen to be employed by 26 that mat for sole reason out of date, obsolete, 21 1 ittrrid working with t•tR,A, about five 25 01tutr bring them to their facility, upgrade 21 years Ila, and t tbsn` we bad fire poopL it that PUVNINO 1 TONING ItBROARf 11, 1999 PLANNING 6 II+ING rEBROW 21, 1999 21 36 I th se, refurbish those systems, sad than sell lhel is 1 time. So it's 19mvth•ocioatod eampaty. I tetanufactuomd telephone sysNma to Caayatiat and I I happen to be It sates myself, bat I do know I ccrpotatiaes. If you teed more informatl0n thin that, I the pions. kid to enswot your quistioa, acs, we 40 1 I'm sure Jahn can give you I much better description 1 buy tal:phont quipmant from III Leaf the United 9 of what they do. 9 Stan. It's hot oticlett. Nett of it is excels in 6 Basically, it Is a company that is bore In I nature. ae bring it It, aqultl, it off with I little 1 Denton tight now. u I understand it, they uploy 1 P;adix, repackage it, list It all out, aid loll it about IS employees tight taw. They art looking to I bicl to people like the City of Dental, who happens tt 9 find a site In Dmton, hale Nea eoasideritg this, 9 he by eustomit, 10 0, h±pefuliy, if you agree with the staff's 10 If also sell it to g0inrelty of Forth texts 11 findings, they will have I home right here ors Nitgo 11 and live the City, taxpayer) I lot of Iotey. Think 12 Piad to, not only ItIol but also expud their 12 you, 13 facility. their first phase is about ens third of the 11 11. E92thUCN7r ky quiltloul ll ollowible W that the staff is recommending. 11 Will GWADII: Dots your son let I badge fat I9 Shay are loolinl to expand to obouc two to 19 stilt 16 three times what they loo right tow and have that 16 NR. W UL: W, be does. I? capacity at the particular property, the property is 11 Ia. 0= III Congratulations. I'm vory 11 lied of In the :bade of the kip 211 ovirpaat, Valve 11 proud of you to sit through this. 0 got the faltfoad tracks and its ombinketat it out 19 Ilw, ENWRECFia Is there atyono exit 20 frcot kol. tot this to to I Woadecful, viable, 10 prumt who would like is speak In fatal of this 11 muitifully site La Ia I little bit of qutitloh. And 11 petition! kyaae flat project to spell Ia faint of 22 1 applaud the stiff it kind of looking at Of overall 22 the petition} Is that cue, Is there Ityoae peasant II plan and tayinl that maybe we on roconaldet this 11 who world like to speak In oppolitios of political 21 puticulat location, 21 kyool project to split in O"itioo of Of petitionl 29 Fr feel it's at appropriate location, It Cat 2d Seelnl Do opposition, we'll waive the rebuttal. IN FLUNIVG 110110 ILBROAR} 21, 1919 22 IIAIINIFG I IOWING nbitaR} 11, 1999 i ` 7) 7i I public hearing is closed. l IR. 142IbPECIR: Been moved and seconded to I Kr. Donaldson, any final staff remark37 2 recomend approve. Any dlSCmsioa on the motion? 3 M. DORA6DSONt I hope there weren't any I Kr. Pouelli t company Secrets revealed there. Staff roeomsemdo 4 1R. PG1Eli: I hale a consent, Ilya got a $ IPprovl with the conditions that we have suggested S feeling that this motion to going to pass, and I's 6 faking a finding that there are particular physical I going to soto, fat it. And I think this is one core 7 characteristics of this property that wart.nt 7 good thing for the school district, there's not derlating ftoa the Growth Management Strategy, such e 1 going to be any children here going to school a d we 9 the preximitl to the Loop 200 overpass, the railroad, 9 lacrosse the tat base. SO and the adjoining industrially-oriented lard uses, 10 10. ENGIURECHT: Any other discussion on the 11 NA. INGELEAICHT: Questions for sir, It motion? NJ. Apple? 12 Donaldson? I want to point out I joked the 12 MS. VILL: I just also want to coument that 13 Petitioner about the two iteu listed u,.det special 13 I think this is a real good use of that particular IS lndustrijl processes because I know that those era 14 parcel. And I think it's really great that you wan; 19 goes that have caused a great deal of eontrusetay in 1S to perounently locate the business in Denton. 11 the past, and it just Item to me that it'! we knew IC IR. 113HIL: Another example of how we hall li that we have a number of citizens who are ccocemed 11 flexibility In our system, and we appreciate that, 11 about those areas, And mince this particular 21 IR. INGCIENEC : 1, too, will be voting for 19 Petitioner bar sc need for them, ham nm request to Cal 19 this with the motion. I do IS I'll Untlaned in 20 them, I just think it Ipproprlato that we strike those 10 the discussion I do think it's important that we do 21 from the list. That would need to be part of the 21 telew the remaining adjacent properties to reconsider 22 motion. 21 what Is turrently designated is multifamily usu. At 2) So questions for Mr. Donaldson? Are there 2) lent same of these may teed to be realigned. 21 dlecusslon or s action? 21 And that's going to happen, but I think we 25 NS. G0OIDII: Actually, on Page ) it Ilya 21 read to do that rather quickly so tha property ewers PUNNING a JOKING PEBAOART 21, 1999 PLWING I JONING MROM 21, 1919 71 10 1 special industrial proceue, mixing Ind u11 of t hale low sense of we tan keep them Js Informed is 2 concrete, which be marked through zed then he rewrite 2 possible. Any other discusAloml All In favor, 3 It on the Jame kind of thing, 11y was that double- 3 piem raise your tight hand. Notion carries 1 paged? 4 unanluusly. S NA, DONAIDSON: On Page 1, those gals require S IR. ABC: Cal, there are several Other Bey 6 an approved specific use permit and that's consistent 1 koutere sitting out In the audlente. log might want 2 with the coooux111 toning district, The mixing And 7 to iotro6ce yourself. I sale of concrete to allowed is well Ia the temporary 1 IR. ENRIBRLChT: Comissloure, It's 7,20, 9 tatch plants, 9 0to ready for the brisk. Okay, le'ra going to take 10 Imo. 'N 2PICAT: I special us permit or 10 30 minute at this time. 11 no, I've seen c man) too such hettsuro in the IS (Break taken.) 12 past over those am we have no requests for that at 12 NA. INGLIRICHT: Okay, ladle and gentlemen. 11 this rise, II thy, s a moticAl Il If I could hire your attention, we are back In II NS. APPW I'd like to mat! I motion. 1 It session. At this time, before we begin the next IS rove to recommend approval of J-99.002 with the 15 agenda Ituw Kr. Douldsom would like to take this 16 conditions is ptnpesed in the staff report finding SC opportunity to Introduce I pew staff member. 17 that the proposed rening, while Iemewhot inconsistent 17 IR. DCIAIAIOS, 1 think we got the 11 with the GMS, represents I all of the land that is 11 opportunity to talk to each of you irdisiduelly, but ' lr' \ 19 compatible with adjacent land uses and itfietts the 19 rollectivoly, I'd like to Introduce Larry AeicMdb 20 constraints imposed by Idjaceat lard gals end 20 the newest still of we plannliq staff, hill I 21 transpectation system, to include deletion from the 21 Renner I that Cl fill the tole of development 22 putitted uses of the special indutrial procelW, 22 follow onager, $4 you will be Ailing a lot of him. 2) those being teoporuy asphalt or concrete botching 21 B. EIIGILMIC"i If you would, just briefly 21 plant and mixing And late of concrete. 21 tell is fAat a development review onager would do 21 M. 11199: Second. 21 NA. limit I think we owd make bin PUNNING 11GNINC 111ROAAy 21, 1919 23, P6A ING 6 "ING MROW 21, 1119 c t, u n I speak, also. I for reference, for the yellow spot it doesn't shoe 2 MR, tKIIBUM: He'll hold it until next 2 up very well to that esp. 2roperty has street I time. I frontage on to plat sides. It actually fronts an l MR. DONALDSON: I should 0lorry to tell 1 Dallas Drive, which is this diagonal street bete and S you what the development review manager does. S bat frontage on Clifton and Chambers. 6 It have three sections within lM planning 6 The blue line is the edge of the IN one 7 department, the development review, comprehensive i district with an IF-7 to the north and the east. On plant, and small area plans. Development teview I its southern border Is I commercial tone district. 9 are the staff are those folb who bring forward 9 Across kills Drive is a comercial tone district, aid 10 plats and toning cases to the planning and toning 10 this PD 16 right hers is I planned development for f It Cozlision and deal with customers and clients on a II office uses. We bait offered some conditions, the 12 day-to-day basil. So working for Levy will be Trine It standard lighting condition, what's becoming a 11 and Mayne, and on a part time basis, Cathy. pill 11 standard buffer yard condition, and developvent 11 cha,ged with the job of managing this. and the process. 11 consists that's consistent with the submitted site is 0. ENGELIRICMft fell, wele ma and good 19 plan, which, basically, just has a note that says up le luck. 16 to 1,691 square feet of addit'onsl building. 17 MR. IOCINt Mr. Donaldson, does that mean 17 Enclosnte 9 in your backup show, the existing 11 you'll be doing less! It office and atoll space and the emistIP4 from 19 MR. DNA14SON: less. I'll be seeing more of 19 residence that's on the lot to the north of the 20 City Council so I still have to pay attention. 20 office. that ruidence will be resaved, and expansion 21 MR. ENGELBAECNT: to will Love on, then, to 21 mould go towards the north. Avis also prodded you 22 Item 1 on the agenda of our public hearings this 12 IOU photographs abowing its relationship the 2) evening. It's consider making a recommendation to 11 relationship between the existing business end 11 City Council regarding I cbange in toning on 122-acre 2e adjoining house, showing it in telitlonship to Dallas 29 tract located In the southeast corner of Chambers And 25 Drive. PLA WIV 6 SONIN nIROAAT 21, 1999 PLANNING I BONING Itsa Ay 21, 1999 12 dl 1 Clifton with frontage on Dallas Drlve. And t1.'s will I And Inclasun 7 No you that the request it 2 be from Singlo-family 7 to Neighborhood Setricti. I consistent with the Denton Plan Policies. And it 1 the purpose of the toning change is to expand I would be consistent generally consisemt with 1 the existing office and retail space. And Mi, 1 the intensity levels doe to its proximity to Dallas Donaldson's going to provide the staff report S Drive, which would allow it to exceed the 60 trips per v 12. XfXDSONr Thank yw, Mi. Chaltun. 1 lots, 7 This it I case of a ion;-time business in Denton 7 On a percentage basis, it gets a little I getting to the position where they w~,t to expand 1 outrageous, but we're talking about leis thin I 9 their business and finding themelves In the position 9 hundred trips per day, 10 it's not a very intense use. 10 of being a nonconforaing us with respect to out 10 Any goel.iora of met 11 inning code. 11 MA, ENULIRICNTt Questions for Mi. it flit coning ardln+nce was put In place in 12 Donalds( 'a7 I noticed in the 1) 1969 in the City, and this business predates that and 11 MA, DOIALDSCdt We. I'm sorry. II happened to be included In in Atu that was toned IF 11 MR. WALLA Mi Co ahead. IS 7, they now want to expand their business ofd provide 1s MR, DOIUM: Mile notice vent out to 11 16 some Hditiocal parking. In order to do that, we had it property owners, and we received H. It would bait 11 to facilitate a change of toning, They had regeesttd 11 sent out $1 to the SO-foot radlua, 11 to the 100-foot A, { 11 the Ieighbarhood Spiricei tone district, which is one 11 radius. We received a whole bunch back is 11 that we IN because it actually placer a cap on the It mndellvecable. Most of those were from the between 20 area within any Itructure on a lot within I sons 20 the 200- and SOOdomt notlels, we did get thus 21 district it 1,OO0 square feet, so it controls the 21 responses in opposition. 21 Intensity of the use in I manner Lhit ran be a',no 22 The Applicant also held I pvbfle meting or 21 compatible with the flitting neighborhood. I) neighborhood meeting, That notice SA Attached, mad II Thf Growth Management Strategy calla, 21 the alga-in shoot there is attached. And if the 25 basically, for this entire area to be coemercld uses. B comments (tom the nelghborhood matting are any ILANDING A VNIMG nl?GAAI 21, 1999 2 1 ?WINING I BONING ru nmy 21, 1999 r ATTACHMENT 3 4 ORDINANCE NO. AN ORDINANCE OF THE CITE' OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURE (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO LIGHT INVUSTRIAL CONDITIONED [LI(C)] ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 5.0 ACRES OF LAND LOCATED ON THE NORTH SIDE OF MINGO ROAD, EAST OF LOOP 288; PROVIDING FOR A PENALTY IN THI; MAXIMUM AMOUNT OF $2.000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-002). WHEREAS, Greg Edwards of Greg Edwards Engineering Services, Inc., on behalf of Dr. Ed Wolski, has applied for a change in zoning for 5.0 acres of land from Agriculture (A) zoning district classification and use designation to Light Industrial Conditioned [LI(c)] zoning district classification and use designation; and WHEREAS, on February 24, 1999, 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, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategy; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the zoning district classification and use designation for the 5.0 acre property des•ribed in the legal description attached hetato and incorporated herein as Exhibit A is changed from Agriculture (A) zoning district classification and use designation to Light Industry [LI(c)] zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions: 1. Lighting on the property shall be designed and maintained so as not to shine on, or otherwise disturb, adjoining property or to shine and project upward to prevent the diffusion into the night sky. 2. A buffer yard along the eastern, northent, and western boundaries that is at least 15 feet wide. with one canopy tree per 20' of buffer yard and with 1.S understory trees (rounded to the next highest whole number) for every canopy tree. 3. That the maximum allowable square footage be limited to 78,125 square feet (a floor area ratio of about ,36:1), maintaining a tragic generation level at 100 trips per day based owhe estimated trip generation for the proposed use, i 4. The uses allowed within this district ate limited to the user shown in Exhibit 8. ,UST1ON y. That the City's official zoning map is amended to show the change in zoning district classification. 25. l 1 o C ' vaw,aiawmnerva.o. orrww.rwa~r ' SECTION M. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding S2,(M.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SEMON . That this ordinance shall become effective fourteen (14) days from the date of its passage, an J the City Secretary Is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 1999. i i JACK MILLER, MAYOR i ATTEST: JENNIFER WALTERS, CITY SECRETARY I BY: APPROVED AS TO LEGAL FORM: 1 HERBERT L. PROUTY, CITY ATTORNEY I I . (lr~ C L~ 26. I l I EXHI31T.A r ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED W THE !.EARLY SURVEY, ABSTRACT NUMBER 1119, DENTON COUNTY, 7MC4 AND BEINO ALL OF A CERTAIN (CATLM)150.0 ACRE TRACT AS DESCRMED IN A i)h-3D RECORDED UNDER COUNTY CLERK ME NUMBER 91.80011573 REAL PROPERTY RECORDS, DENT'ON COUNTY, TEXAS, AND BMO MORE PARTICULARI Y DESCRIBED AS POI TAWS: EEOINNINO AT A'PENCE POST ON THE NORTH RiaHr4F•WAY LINTS OF MDIOO ROAD, AND ALSO BEENO THt SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN A D® TO II COOPER CREEK UNITED METHODIST CHURCH RECORDED IN VOLUME 91 PACE 93, DEW RECORDS, DENTON COUNTY, TEXAS; THENCE SOUTH 69 DEGREES 30 MIQU1118 I I N ICONDS WEST. ALONG AND NEAR A DICE AND WITH THE NORTH IU0H -W-WAY OFMDNOO ROAD, A DISTANCE OF 361.38 FEET TO A SET 4 INCH IRON PIN WITH A YELLOW CAP STAMPED HAN 1619 FOR A CW4ER: THENCE NORTH 11 DBOREN 31 MINUTES 27 SEOONDS WEST, A DISTANCE OF 619.26 PITEI' TO A SET K INCH ICON PIN WITH A YELLOW CAP STAMPED MN 18N 9 FOR A COF'MW4 THENCE SOUTH 88 DEGREES 71 MINUTES 08 SEC(RNDS WEST. A DISTANCE OF 166.16 PST TO A FENCE POST FOR A CORNER, ALSO BEING THR NORTHWE8T CORNER OF A TRACT DESCRBED IN'A DUO TO COOPER CM K tWM METHODIST C hURM THENCE SOUTH 11 DBGRW 31 MINUTES 27 SECONDS BAST, ALONG AND NEAR A PENCE 'AND ALONG THE WEST LINE OF SAID COOPER CIMM UINITSD METHODIST ChVRCH, A DISTANCE OF 510.36 FEET TO THE POINT OF BEODNNINO AND CONTADM40IN ALL 3.00 ACRES OF LAND. { { 27. I i IoLi„ Lighhttf ~1 dujfriil bietriot PERRITTED USESt Primary Residential uses i one Family Dwelling Restricted Dormitory, Bozrding or Rooming House Hotel or Motel Educational institutional 6isnucial LU% Art Gallery or Museum Cemetery or Mausoleum church or Rectory College or University or Private School Community Center (Public) Day Camp Day Nursory or Kindergarten School Group Homes Halfway House Home for Care of Alcoholio, Narcotto or Psychiatric Patients Hospital (General Acute Care) Hospital (Chronic Care) Institutions of Religious or Philanthropic Nature Publin Library Monastery or Convent Nursing Home or Residence Home for Aged Occasional Sales Park, Playground or Public community canter school, Private Primary or Secondary School, Public or Denominational School, Business or Trade Utility. Accessory and incidental Uses Accessory Building Community Center (Private) Electrical Generating Plant Electrical Subrtation Electrical Transmission Line Temporary Field or Construction office (Subject to Approval and Control by Building Inspector) Fire Station or Similar Public Safety Building Gas Transmission Line and Metering station Home Occupation Off Street Parking incidental to Main use off street Remote Parking Private Utility Shop or storage Yard Public Building, Shop, Yard of Local, State, or Federal Government t, Radio and/or Television Microwave Tower Sow+ge Pumping Station I Private Swimming Pool Telephone, Business Office Telephone Line and Exchange switching or Re' y Station Water Reservoir, Slater Pumping station or 1,,16 Water Treatment Plant 18. M I'6111 Licht rnduetrial District 1contiaUJA1 Recreational „And Entertainment Uses e, Amusement, Commercial (Outdoor) Amusement, Commercial (Indoor) Country Club (Private) with Golf Course Dance Hall or Night Club Drag strip or Commeroial Racing Fairgrour4. or Exhibition Area Go Cart Track Public Golf Course Commercial Golf Course { Public Park or Playground f Public Play field or Stadium Rodeo Grounds Roller or Ice Skating Rink Sexually Oriented Business Stable, Private Club stable, commercial Rental Stable, Boarding swim or Tennis club Theater, Drive-in Theater, Other than Drive-in Type Transportation Rslatsd Usea Airport Landing Field or Heliport Bus Station or Terminal Hauling or storage Company Motor Freight Terminal Railro)ad Freight Terminal Railroad Passenger Station Railroad Track or Right-of-Way Railroad Team Track !1 Truck Parking Lot Commercial Parking Lot or Structure Automobile Service Uses Auto Laundry Auto Painting and Body Repair Auto Sales and Repair (In Building) Gasoline Service Station New Auto Parts Sales Stores New or Used Car Sales Lot (In open) Seat Cover and Muffler Installation Shop Tire Retreading or Capping Used Auto Parts Sales (in Building) Retail and Service Type uses i Antique Bakery or hConfectionery Shop (Retail) Cafeteria cleaning and Pressing Small Shop and P..ckup Custom Personal Service Shop Drapery, Needlework or Weaving Shop Florist or Garden Shop Greenhouse or Plant Nursery (Retail) Z4. , t it F f i"Ll" Light Industrial District taontinUA L Retail and service Type Uses (continUR Handicraft Shopp Household Applianzo service and Repair Laundry or Cleaning Self Service Mimeograph, stationery or Letter Shop Mortuary or Funeral Parlor offices, Professional and Administrative off Premise Sale of Beer and/or Wine on Premise Sale of Beer and/or Wine Licensed Private Club Pawn Shop Restaurant Retail Stores and Shops - 4,000 square feet or less Retail Stores and Shops - over 4,000 square feet Studio for Photographer, Musician, Artist or Health Secondhand Store, Used Furniture or Rummage Sale Tool or Trailer Rental Agricultural Type Uses Fou"d Animal clinic or Hospital (no outside runs or pens) Animal Clinic, Hospital or Kennel (with outside runs or pens) Farm or Ranch Greenhouse or Plant Nursery Hatchery, Poultry commercial Tyors Uses Bakery (Wholesale) Building Material Sales Cabinet and Upholstery Shop Cleaning and Dyeing Plant (Commercial) Cleaning Plant, Bagr or Carpets (Special Equipment) Clothing Manufactur6 or Light Compounding or Fabrication Contractors Shop and Storage Yard Engine and Motor Repairing Feed Store Heavy Machinery Sales and storega Job Printing or Newspaper Printing Laundry Plant (Commercial) Milk Depot, Dairy, or ice cream Plant Paint Shop steveria 4eeei0 Plumbing Shop Scientific or Research Laboratories Storage and Sales of Furniture or Appliances (outside a Building) Stc,•age or Sales Warehouse Trailer Rental or Sales Tranefer, Storage and Baggage Terminal Wholesale Office and Sample Room w Special Tndaasrial Processes ani 04" of Gansoo" 30, a Lill Ltgalt Unerat Uar+Ufaet„rIna a ad11ai1'iil_ iiSa~ ~t 4**r4* 9eo which pest the performance tlindards prescribed by,Article 13, IsA, 1 through 7. Telecomrounieation Ra roanufactunns that meets performance standards ~ IT2AD DSES 1:ITd PPA6VED SP orre U1E Pf:83iM Wr-,rri Stall idAnttLL_ULA" Trailer camp or Mobile H,no Park t~nnat Inetitutin~"1,,,, 6, Soec~"t Use:l Fraternity, Sorority, Lodge or Civic Club Lti7ity kr sec y ITA Swage Treatment Plant Agri rultnral TYAA Usaa = .Yards tOSA=LA s'yyt~ rlaa Market ee~8sye rvcvact Extraction and Storage of Sand, calecho, Stons, Clay or Cravol I ~gj,At In ustriaLP.YS>~4i Temporary Asphalt or Concrete eatchinq Flant -~!!:}de-1t4irr-er~l4;ze-f'1as+~"" 0 DNA- or inely, etc. lets. AEeglt.t. floor/Arse Ratio 211 Maxi%um Front Yards Mlnimutn 26 feet r i ~ Sido Y..rds !te side yard is epeoifiad for non-residential use { pt a non-residential use abuts upon a exer r d'strictwhere boundary line dividing such districts from a residential district or when the side yard is r oVenk a ten (lo) foot Adjacent side yard shall be proidid, 31. , r U 11LT11 Light Industrial niatriet faenti=01 Yh n HHnnI UKUMTe feentinuadlI L Rear Yardl No rear year is specified for non-residential use except where retail, commercial or industrial uses back upon a common district line, whather separated by an alley or not, dividing the district from any of the residential districts listed, a minimum of ten (10) feat shall be provided. HEIGHT s:GnLhTIONgi ~ To any legal height not prohibited by other laws or ordinances, in the districts where the height of buildings is restricted to two (4) or three (1) stories, cooling towers, roof gables, chimneys and vent stacks may extend for additional height not to exceed forty-five (45) feet above the average grade line of the building. Water stand pipes and tanks, church steeples, domes and spires, and school buildings and institutional buildings may be erected to exceed three (1) stories in height in residential areas restricted to two (9) or three (3) stories in height, provided that one additional foot shall be added to the width and depth of side and rear yards for each foot that such structures exceed three (9) stories in height: anent.IEN tUTLt t~aGtlL•aTTOti61 1. Parking (Based on use, See Article ]4-115.) 9. Signs 3. Lighting 4. Landscaping 5. Sorenning & Fencing 1 i ]'2. J t AGENDA INFORMATION SHEET N06 -49- / y- OaM i AGENDA DATE: April 6, 1999 DEPARTMENTt Planning Department - 'S CM/DC111/ACM: Rick Svehla, 349-7715 I SUBJECT - Z-99.006: (613 Dallar Drive) Hold a public hearing and consider retuning a 0.22 acre site, located on the southeast corner of Chambers SL and Clifton St. with frontage on Dallas Drive, from Single Family (SF-7) zoning district to Neighborhood Services (NS) zoning district. The property Is legally described as Lot 1, Block 3 of the Simmons Addition in the City of Denton, Denton County, Texas. The purpose of the zoning change is to expand the existing office and retail space. The Ple fining and Zoning Commission recommended approval (6.0) with conditions. (Z-99-006) BACKGROUND The applicant has requested to rezone this property to expand the existing office and retail space. > The subject property Is located In a residential (SF-7) zoning district created In 1969 with the City of Denton's first zoning ordinance. > The proposed development is consistent with most of the policies of the 1988 Denton Development Plan (DDP) as applicable and many of the 1998 Denton Plan (DP) Policies (see Attachment 1- Comprehensive Plan Analysis section). > Seventeen (17) property owners were within the 200' radius and notified of the zoning request, Four (4) responses have been received; Zero (0) are In favor, four (4) are opposed to the request (see Attachment 3). The property owners In opposition to the request constitute 1 over eighteen percent (18.7 of the surrounding property owners within 200 feet. The twenty percent rule is not in effect, PRIOR ACTIONIREVIE The following is a chronology of Z-99.006, commonly known as 61 $Dallas Drive: Application Date - January 22,1999 i DRC Date(s) - None A P&Z Date - February 24,1999 ESTIL~IATED PROJECT SCHEDULE NONS 1. t u FISCAL INFORMATION Development of this property will increase the assesr,ed value of the city, covnty, and school district. It will require no short-term public improvements that are the responsibility of the city. As a form of infill development, no extension of public infrastructure is necessa y to service this site. PAZ SUGGESTED RECOMMENDATION The Planning and Zoning Commission : xommends approval (6-0, Oanzer absent) of this zoning request with the following conditions: I . Lighting on the property shall be designed and maintained so as not to shine on, or otherwise disturb, adjoining property or to shine and project upward to prevent the diffusion Into the night sky. 2. There shall be provided a buffer yard along the norther and eastern boundary that is at legit 10 feet wide with one (l) canopy tree per 25 linear feet and one (I) understory tree for every canopy tree. There shall also be a privacy screening fence provided In the eastern buffer yard. 3. There shall be provided a screening hedge along the northern ber-ldary, having an installation height of 18" or greater, growing to a minimum mature height of 36", and spaced no more than 24" apart, edge to edge, 4. Development shall be consistent with the submitted site plan. OPTIONS 1. Approve as submitted. 2. Approve with conditions. 3. Deny. 4. Postpone consideration. S. Table item. , ATTACHMENTS 1. Planning and Zoning Commission Report, February 24, 19990 Z•99-0061 2. Planping and Zoning Commission minutes from February 24, 1999. 3. Rough Site Plan Schematic. 4. Draft Ordinance. p Respectfully ub Wi U tte . Dav ll Di "tor of Planning and Development r PreparcdbY: ,t,,,. Trina Fimtey Planner Ii 2. c ATTACHMENT 1 Aflenda No, ~ ~ - PLANNING AND ZONING COMMISSION Subject: Zoning Change STAFF REPORT Case Number: Z-98-006 - 615 Dallas Drive a(: Trlna Finney, Planner 11 Agenda Date: FebruArj 24, 11999 Hold a public hearing and consider a rezoning request from Single Family (SF-7) zoning district to Neighborhood Services (NS) zoning district. The purpose of the zoning change is to expand the existing office and retail space. Z-X9-006, Dallas Drive SITE ~ N C W E s F LOCATION MAP Locatlow On the southeast corner of Chambers and Clifton with frontage on Dallas Drive, t size: 22 acres PS Repxt,doc 34 G U Applicant: D.L. (Chip) Sargent, JR. Owner: MrAthew X Oohlke P.O. Box 2766 615 Dell14 Drive _ 10096 Tom Maxwell Rd. Denton, TX 76201 Denton, TX 76201 Section 35-7 of the Code of Ordlnences outlines the rules of procedures /oramendments fo a zoning boundary or distdcf. In general, any person having proprietary Interest In any property may petition city, council for a change or amendment to the provisions of the Zoning Ordinance, or the Planning and Zoning Commission may on Its own motion or on request from the City Council Institute study and proposal for changes and amendments In the puNo interest. The applicant would like to expand his existing business, Gohike Pools, which is an officelretail use. The existing zoning on this property Is SF-7, which does not allow offfcelretall uses. The current use was In operation when the zoning for this site was established (as part of the original City zoning ordinance) In 1969, thus It has been able to continue operation as a nonconforming use, Expansion of the business would nullify the grandfathered status, thus requiring that the property comply with the current zoning, subdivialon & land development, landscape, sign and all other applicable regulations. There is an existing residential structure on the north end of the lot that would be removed to provido adequate space for the expansion and parking, If the project were approved to commence (see Enclosure 6). Enclosed are Illustrations of the existing site and the proposed site plan for your Information (see Enclosure 6). 1 r, z P2 itepai.da , f ~ SFr ~=A.. • .t r. x`- 1988 Denton Development Flan Analysis The 1988 Denton Development Plan (DDP) shows this area to be wilYn a Low Intensity Area. These areas are Intended to be developed primarily for single family resiuential development. Neighborhoods are to be serviced by a network of small commerc allreitall centers spaced at about IA mile Intervals with direct access to a collector type street or larger thoroughfare. Vehlcular 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 development to be somewhat consistent with both the policies and trip Intensity standards of the 1988 DDP, 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 Are Development Rating vs. Pollcy sormor" POLICY COMMENTS inlslent Inc stent Consistent Intent. These areas represent pdmary While Qdoes not represent housing, It housing areas witHn the Gty. don meet the coal of servicing a sir rnerdavreLA neighborhood with small Centers, x Intensity. To Ue consistent with the Allowed Internity a 60 Hpyaoe Plan, a development should not exceed Its Allocated Intensity •13.2 biWilte allocated Inlarnity. The proxlrnity to Dallas Drive defends a higher level of b aft x Site Imam Cortroi. StrIG po" The area within 1,600 of this the is bull- development control within 1,600 feet of out with the exceptlon of a t wWjf existing taw density reodenbal areas plea of unbulldabie land lnhedatOy x west of the tract Trkm4c Design. Access shaAd be The access is onto a residential street, povlded to ensure that muyb-famlly or however Mom directly into a primary ron•resldenbal uses have access to mW)or arterlat withoot mzflg in front of collector or larger arterials with no direct any rendentW dwellings, access through residentiat stmts, x Open Space. Sufficient green space, - reareaborX fadllbn and diversity of part are provided, kA l Iubtle Iartlcipatlon. Input Into A neighborhood mnOng was held on 1 planning by neighborhood associations and February 16, 1999, There were five area councils is encouraged, residents in atterdana, x Land Vie Diversity. Nom4eodenbal and This mects the goal of servidng a mub-famlty development is encouraged to neighbofi00d with anvil commerdaUretail a limited degree centers. x Manufactured Housing. This form of Anglrfamlfy housing may be compadWe r . Nth developments In the low intensity NA L11rea1,9.,b1, ect to condluons. f ip Commercial. Any form d This is an expar oon of one existing ntiutrip commercial N stronety retaclolfce structure and Mss not smragcd Wow near low intensity areas prorate a st p center x P1 RPpnrl.d!X 5. r 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 oonslstency 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 (see Enclosure 7). 1. Transportation A. Trip generation I Table 1. Proposed Land Use Trip Generation Land Use Average Trip Total Trip Maximum Buildout Generation per Generation Offos stall 4.3440,67/1,000 90 4,000 square feet END= BROWNER F-, 5" Allowed Trip Generation .22 acres 13,7 tepslshe 60 tripalacre Difference 78.3 667% above allowed trips Calculations provided by the Institute of Transportation Engineers, 1661; pg 1097. B. Access Direct access onto Clifton Immediately leading to Dallas Drive. C. Road Capacity Clifton (residential) Is designed to accommodate 6,000 trips per day. Dallas Drive (arterial) is designed to carry 23,500 Iripslday at a tolerable low. At present, there are no traffic counts available for these roads. 0. Pedestrian Linkages Sidewalks along r.il public streets are required. 2. Utilities This site has access to existing water and sanitary sewer lines: Water: a) 6" line In Chambers b) 6" line In Clifton c) 8" line In Dallas Drive Wastewater: a) 6" line In Chambers b) 6" line In Clifton c) 8" line In Dallas Drive Fire: There Is a fire hydrant on the corner of Dallas Drive and Chambers. 3. Drainage and Topography PZ Remit tkx 6. M { New development will be required to design and construct a drainage system to city standards. A preliminary drainage study will be required with the submission o(3 preliminary plat. The study must include calculations of the 100-year storm for all drainage areas on this property I and any area that dralns towards this property. The developer must indicate the method by which the run-off will be carded across the property or stored on the property. f 4. Signs As per the sign ordinance. 5. Off -Street Parking New development must provide parking according to the regulations of Section 35-301 of the Code of Ordinances. The total number of parking spaces required by any one development is a factor of one space per 200 square feet. i 6. Landscaping This property will have to comply with the new Landscape Code, which requires fifteen (15) trees per acre and twenty (20) percent of all surfaces to remain pervious (plantable area). 7. Lighting Lighting on the property shall be designed and maintained so as not to shlnn on, or otherwise disturb, adjoining property or to shine and project upward to prevent the diffusion into the night sky, I LEI January 114, 11969 - The subject property was placed In the Single Family (SF-7) zoning district and land use classification by Ordinance 69.01 which adopted the first zoning ordinance and map for the City of Denton. The subject property was platted as Lot 1, Block 3 of the Simmons Addition. Notice of the zoning request was published in the Denton Record-Chronlcle on February 14, 1999. Seventeen (17) property owners were sent legal notification of the request and fifty-slx (56) residents were sent courtesy notification on February 12, 109, thirteen (13) were returned undeliverable. As of this writing, there have been three responses in opposition, representing 14% of the surrounding area within 200 feet. The twenty percent rule Is tot In effect. A neighborhood meeting was held on February 16, 1999 (see Enclosure 8). There were eight (8) persons In attendance Including the applicant, owner and staff. Concerns regarding , surrounding property values, future commercial encroachment and the misconception that the f entire neighborhood was being rezoned were discussed. i 7, I I;I I Ulm: 7Staffrecommends approval of Z-99-006 with the following conditions: o Lighting on the property shall be designed and maintained so as not to shine on, or otherwise disturb, adjoi ling property or to shine and project upward to prevent the diffusion intolhe night sky, u A buffer yard along the eastern boundary that Is at least 10 feet wide with one (1) canopy tree per 25 linear feet and one (1) understory tree for every canopy tree. a Development shall be conalstent with the submitted site plan. H i move to recommend approval of Z-99-006 with the conditions as outlined by staff. 1. Recommend approval as submitted. 2. Recommend approval with additional conditions. 3. Recommend denial 4. Postpone consideration. 5. Table item. 1. Vicinity Map. 2. Zoning Map. 3. Utility Map. 4. 200' Property Owner Notification Map. 5. Site Plans existing and proposed (2 pages). 6. Photographs (2 pages). 7. Denton Plan Matrix. 6. Neighborhood Meeting (Sign-in Sheet). PL RPW*L oa iC - I 'M l: r Enclosure 1 Vicinity Map Z-99-006, Dallas Drive i N W E S i f PZ Aapomdot 9. R f u I Enclosum 2 Zoning Map Z-99-006, Dallas Drive ;c sit P f z SITE " N c W E : • tiQ S 1 I I ti i t ( IFS I PI Rem.&C G Enelosu!r 3 ' Utility Map Z-99omOO6, Dallas Drive SFTE N W E S Water Line Sewer Line Fire Hydrant 1 I ' i P2 NeportAx 11. l r 4 200 ~vc3i~i.blap j dry Foot Boundary N W L' ca s P1 Reaxt.dx 12. G I 1 J i~ ENCLOSURE 5 EXISTING SITE PLAN 1 - I '1 IOOt t I I I I ~ I I 1 1 Cqr gar. Frame 34, 141 a¢sid@n!c S.f• 1,179 StF• ~to b's m2e I J ` 1 . _ Woo; ~f1lt `'f L roll% ~ 5c.•1~ u I re4 ; I 1 r ` I I ' W.tiS' 15.09 r R~ v t k 9j/ qr 40A~10'S r1X'iJ4 Ill'n C. tvt'}ef 13. c PROPOSED SITE PLAN Qert rn a;er scrran~~+S 1 1 - { 26' sdb.u~ I! I to' P e 11169 'p • ~ 4~d.l~t e.n al b4a~7w, I. • sc}brck . ,lo,tiS• } -14'- I 51.t S' I ~I Exs~~~~ Z3~}}' . , v 3S,o1' i f I4. 1 i II 1 Enclosure 6 r Photographs i~ IIIIY ~ ~ I, i' k f~ Oifton Street 1 rte.; c rt ae;xn: dir_ 15. C' U 4 E' 5 I Lr tj ~ ~ S• 1. / f Dallas D4~e Clifton Street F Fz Rev i i t 1 Enclosure 7 Denton Plan Matrix The table below provides a summary of the 1998 Denton Plan Policies applicable to this project: Denton Plan Policy Analysis Summary Development Rating vs. Polity CATAGORY POLICY }ii `%~Not"' " InansKieM ppnagle Conslstrnt Transportation. Compoments Denton's Long-Range Thoroughfare Nn. X Promote$ Access Management Practices .y4",7.'.,., ~•x x 6~jr zes operations oor demergency service providers and r 43 ? + oftr t X Promotes "Ic transportation system. X Cmtrihites to the Denton Trans network. Stormwater Drainage. Protects 100-year 6oodplain areas In accordance with Denton's waterOk management plans ,4,1H Confors to local suwstan reguiJUMs. ContrMes to regional detention fadlitis. Provides for natural riparian envhorn*nt along floodpiW% Upgrades existing k6standard drainage systems as In60 and redevelopmentocm,r. Water and Develops and malntalr6 property acid PrNate Wastewater. infrastructure. Creates opportunity for oversizing water and wastewater lines to meet future development demands Provides review of proposed water and wastewater a Inrasbucture to ewee publik safety and health, x Promotes In63 Improverrrents over new line eMerWOnS. Electric. P ovlds uMe q ound eecuk servcee for new residential n- and nonresidential development Solid Waste. Promotes cMdent access to all development for scad waste service delivery. X Parks and Reerlatlon. Locates parks and receation fadlitles In accordance with the Parks and Rearibon Strategic Plan, Enhances parks and recreation opportunities for residents.; M preserves ftoodplaln for parks and open space to ad in noodplaln conservation efforts. 4~ +'k E, Allows combining of parks with other public fadtitles to arhleve cost-etcvve del very of pubic seMom y f<= pre of land for ffthhbo h~ dedcate land or fees In ' Environmental Quality. Promotes preservation d natural resources.f' Integrates environmental protection with;c-w NC growth and community deveioprnenL 41, f11`;.: J 0 tr 1998 Denton Plan Policies Analysis (continued)' Denton Plan Policy Analysis Summary Development Raft vs. Pocky CATAGORY POLICY kow"Wet App able exx~ mfthborhoada. Rwtdes wm to WA uW mffms ft faA m far m*kr tld nelghbahoods Etxxurapes a ffft" d land um m terxefk reo*ft x Rokdy and preserves odgkv adghbodwoft x Pmmotes bkyde and pedestrian traffle vdtNn and between rblgnborhw& to reduce veNUar bIps. nge d ne types fat appeal to aHedng Hawing. nd hdvtdLel kr _Oe. Offer a W* of dngkdaney lot dm% h" etas, MM prloe ranges, AI Preserves exldtrq how% h&dng a wdlue Pawm. bK um M hoadng OrabudkoL gconondt Canute to a"and d ov*W kxal amm" by DlvanHiatlm kmadng engoymert ono expandrp tta sax base. x 6ovarnnfan! courages ht&V"rmentai mw*owm to provide En cod4 tM puck servtoes. tkben Dedgn. Addresses oamnu t appeamve to a cornpehenalve nrarumr. x OivWORM Ardrltedtnl Appearance d bA &Yrwo* t. x vd s t" uses nd1 OVAM be mmpsU* x Roteds and preserves Dentafi ard&itaai, odusl and Nsta ical remw tl, x r Enhances the appearance a" major erAranoev ay% Front the of eswedon of tees ark wndsuplrq. x 7ublic [mrolvaman6 Provides an rpporWNly for pAft conlan &ft the pl"ng vmm x r r, A~' ' r PZ Reml doc 18. t E t, 1 ENCLOSURE 8 IGH.BbRHOOD~ N,EE< ,ZONINGG,CHb1E~ r . I ''Wj'rFf°T'n 44 " 7 ti ~1 da , February 7221lti`S>~ree~ C P ♦~It,1 Y C ~y ~ 1 'i~. d 1 4 TQPIC: REZONING of 615 Dallas Drive (see map on other side). On February 24, 1959, the Planning and Zoning Commission will tlold a public hearing to consider a zoning change on .22 acres, commonly known 615 Dallas Drive, located on the southeast corner of Clifton and Chambers with frontage on Dallas Drive from a Single Family (SF-7) zoning district to a Neighborhood Services (NS) zoning district. If , recommended for approval, City Council will consider the request at its 1 April 6, 1999, meeting, Presently, the applicant and owner wish to hold a neighborhood meeting to answer any questions or concerns that yoir r ay have about this zoning change. If you are Interested In meAling with them, you are invited to attend the meeting at the above date, time and place. If you have any questions, please call city staff. HONSORED BY,. CITY OF DENTON PLANNING AND DEVELOPMENT DEPARTMENT ..el CONTACT: TRIPIA FINNEY, PLANNER 11 (940',349-8350 i .y ,trrrmn;unur,, srr.rrr,l;d.h t a TIE CITY OF DENTON PLANNING ANA IEYELOPMENT ®EPARTMENT PLEASE SIGN-IN NEIGNIORNOOD MEETING - Y-90408 PLEASE PRINT YOUR NAME MAILING ADDRESS PHONE ORGANIZATION SIGNATURE NUMBER (IF ANY) k ~JAIAJE~l 22t x(• aLm -1&,zo/ 347.65b arrv of l.iN~ ~r 2>1~ ~~.(3ay 'x.754 ~/en~eM "xT,YL •SGS 9f7 ~t~ en`f .lo. f 0 lad -da Qc~nca ~.~G Slt,•~ !!!ll CY~a.~.b.rs ~a N G ~ .Sy/G Cr .SZG•oxl A I'd A t4 $L_(,4A,4,M Ile 005- ' 01i rl oat9on: City Hell Wed Date: PeMmry 16, 1999 I ATTACHMENT 2 Planning and Zoning Commission Minutes February 24, 1999 Page 3 of 4 I the Detailed Plan change is to reduce number of units (totaling 272 single family lots) and park dedication. (Ryan Tract, Z-98-056, Trina Finney) Motion by Elizabeth Gourdie and seconded by Salty Rishet to recommend approval to the City Council. •Discussion or this item Is Included In a Court Reporters transcript attached to this set of minutes (Page 48). Motion carries 6-0. 7. Hold a public hearing and consider making a recommAndation to City Council regarding a change in zoning on a 5.0 acre site located on the north side of ; lingo Road, east of Loop 288 from Agricultural (A) zoning district to Light Industrtal (LI)zoning district. The purpose of the zoning change is to develop a site for the T,R.C.A Corporation (TRCA Corp, Z-99.002, Trina Finney) Motion by Susan Apple and seconded by Salty Rishel to recommend approval to the City Council. 'Discussion of this item Is Included In a Court Reporter's transcript attached to this set of minutes I (Page 62). Motion carries 6-0. 8. Hold a public hearing and consider making a recommendation to City Council regarding a change in zoning on a,22 acre site located on the southeast comer of Chambers and Clifton with frontage on Dallas Drive, from Single Family (SF-7) zoning district to Neighborhood Services (NS) zoning district. The purpose of the zoning change is to expand the existing office and retail space. (815 Dallas Drive, Z-99-006, Trina Finney) Motion by Salty nishel and seconded by Elizabeth Gourdie to recommend approval to the City Council with conditions. 'Discussion of this Item Is Included In a Court Reporter's transcript attached to this set of minutes (Page 81). Motion g4rdes 8 0. 9, Hold a public hearing and consider making a recommendation to the City Council concerning the annexation of 52,491 acres and concurrent zoning of subject property to a Single-family 16 (SF-16) zoning district and Single-family 10 (SF-10) zoning district. The property Is located on the south side of Ryan Road, approximately one hundred and rrfty (150) feel east of Forest6dge Drive. It IsIepally described as Tracts 7B and 88 In the N. Britton Survey (Abstract 51) and Tract 6 In the T. Labor Survey (Abstract 779). The proposal Is to develop a one hundred and twenty-nine (129) residential lot subdivision. (Z-98-058, Thistle Hill Estates, Wayne Reed) Motion by Salty Rishel and seconded by Bob Powell to recommend approval of the annexation to r f the City Council 'Discussion of this Item is included in a Court Reporter's transcript attached to this set of minutes (Page 131). i Motion ties 21. II Il 21 ~ 1 speak, also, 1 tot reference, for the yellow spot It doesn't slow 2 P. ENGEIaflE M: We'll bold it until next 2 up very well on that up. Property has street 1 time. ) frontage on two plus alder. It actually fronts on 6 10. DWIDSON; f should ask Larry to tell 6 Dallas Drive, which is this diagonal street here and S you what the development review uaagtr does. S has frontage on Clifton aid Chambers. - 6 we have three sections within the piandix) 6 The blue line is the edge of the Sr-1 zone 1 departseot, the development review, comprebensive 1 district with an Sr-) to the north and the east, on 1 plans, and small area plans. Development review I its southern border is a * merclal tone district. 9 are the staff are dare folks who bring forward 9 kross Dallas Drive is a roosercial zone district, and 10 plats and lofting cases to the Planning and loaning 10 this PD 16 right here is a planned development for 11 Cotaltslon and deal with cotemers and clients an a 11 office uses. We base offered some conditions, the 12 day-today basis. So working for Larry will be Trim 11 standard lighting condition, what's becoming a 11 and Wayne, and on a part time basis, Cathy. Belt 11 standard buffer yard cootitlon, and development U charged with the job of managing them and the process. 11 consists that's consistent with the subdtttd Site 1s R. INGEMCAT: Well, wslcoie and good 11 plan, which, basically, ;uat has a Dote that says up 16 luck. 16 to 2,691 square feet o[ additional building. 17 9. BMIW: Kr. Donaldson, does that mean 11 Inclasure S in your backup shows the existing 11 you'll be doing lessl 11 office and retail space and the existing frame 19 M. DONALDSON: Use. I'!1 be seeing more of 19 residence that's oft the lot to the north of the 20 City council so I still have to pay attention. 20 office, That tesidence will be remmred, and expansion 21 M. ENGEURECBTt It will moot on, then, to 21 would go towards the mor'h. We've also provided you 22 Item I on the agenda of our public hearings this 22 some photographs showing its relationship the 2) evening. It's consider suiting a recommendation to 21 relationship between the existing business and 24 City Council regarding a change in toning on a I2 u l 26 adjoining hoot, ahowlnq it in relationship to Dallas 25 tract located in the southeast corner of chambers and 25 Drive. PtkNNING A ZONING rzaawy 21, 1999 PLANWING E 101K 1111001 21, 1999 12 1 t 1 Clifton with frontage oft Dallas Drive. And this will L And tnclosurt 1 shove you that the request is 2 be from Single-family 1 to Keighborheod Strvices, 2 consistent with the Denton Plan policies, Ard it 1 The purpose, of the toning change is to expand ) would be consistent gineralIy eohaistent with t the existing office and retail space. kid Kt, 6 the intensity levels dun to its proximity to Dallas S Donaldson's going to provide the staff report. S Drive, which would allow it to exceed the 60 trips per 6 *A DOPPIDSON; Thank you, Kr. Chalran. I acre. 1 This is a qse of a long-time business in Denton 1 On a percentage basis, it gets a little I getting to the position where they want to expand I outugtous, but wells talking about less than a 9 their M:siness and finding themsolres in the position 9 hundred trips per day, to it's hot a Vitt intense ass. 10 of being a noncenferming ass with respect to out 10 Any questions of met 11 toning code, Il 0. LNGtIlAECNT: Questions for k, 12 First toning ordlunce was put in place in !2 Donaldson? I noticed it the l) 1969 in the City, and this buslneas predates that old 1) 0. DUTA 90: Vote. I'm softy. It happened to be included in in area that was toned it 14 A. ENGEIdAdCBTi ^0 ahead. IS 1. They now want to expand their business and provide is 12. Dt?NALORM mill notice went aunt to 11 16 lose additional parking. In order to do that, we bad 16 property owners, and w received $6. We Would bete 11 to facilitate a change of toning. They had zaquesttd 11 sent out 56 to the S00-foot radius, 11 to the 200-foot 11 the Neighborhood Sarsices zone dtetrict, which if ON 11 lsdlas. No tteelTed a Aols bunch back is 19 that we like Waist at actually pIacss a up on the 19 mndelivefabla, last of those were from the between 20 area within any structute on a lot within a eons 29 the 290- and SO0-foot notices. We did get three 21 district at 1,000 quart feet, to it controls tha 21 responses in oppoaitica. 22 intensity of the use in a unmet that can be done 22 The Applicant also bold a public meeting or 23 compatible with the existing neighborhood. 21 hdghbmrbood meeting That notice is attacted, and 26 the Growth Nanagemtot stutegy calla, 26 tba alga-inn short theta is ittoched. And If the 25 basically, for this entire area to be commercial ties. 25 comments fro the neighborhood meeting its any PWt Igj,16WI1G RHOAAT 26, 1900 22, PLANNING 1 [Milo It"My 26, 1499 IS 1 I indication of what the opposition is, it,, mostly I that particular site because of the street. 2 misunderstanding abort, you know, what we're dcinq to 2 IM. ENGEII+SECMT: So es this proposed rite 1 the neighborhood that this toning request applies only 3 plan, as 1 see it they're talking about is that e to the one lot and not to the entire neighborhood. 6 expansion of the building or could expand the S 1 don't want to speak for those who are in S balldingl 6 opposition, but I suspect that that's the case. I MI. DONAIDSOW: The expansion of the building 1 mil. EOGEISIECNT: Do you bast those Aheete? 1 would be op to 1,691 square feet within the footprint 1 0. WOWS* I do. I that's shown eery faintly on this copy, but it, 9 MA. ENGEIS2ECNI; Is can assume that those 9 hasically, creates An L shape. lithla the building 10 three in opposition do not represent 20 percent? 10 envelope, that would be described by the 15daot Il 101. DOGMSON: Yes. They represent It It setback from Chambers and the 15-foot setback from 12 percent to thi Agee. So the 20-percent rule does not 12 Clifton. 11 apply at this list. 11 MA. ENCEIa IMI All tight, But given that 11 MA. EIGC2WRT; I halt a question. The it that's A possibility, I quess my question It and my IS staff recommended approval with conditions, One of lS concern is that there is no I mean, 1 should lay, 16 those conditions was a W-foot buffer yard an the 16 what landscape requirements would there be under 11 eastern boundary, which it as shown in the proposed 11 the if this was tuned if this was approved oa 16 Site plan on pigs It, but that plan also shout 1 IO the northern boundary? What would they be uquired 19 25-foot setback on the northern and eastern 19 to de? 20 boundaries, and that was not included in the staff 20 MA. DOO6IDSON; for in expansion of 1,01 21 tecrommendation, I jolt wondered. 21 feet compared to in existing development of 2,100 that 12 MA. DONAIDSOW, Tie setback betnq different 22 would exceed SO percent. And they would, basically, 21 than buffer yard, a setback controls when the 21 have to brim the entice lot into compliance with the 21 buildings go in ulitimnship to the property lines. 21 landscape ordinance, which would require 20 percent 2S The butter yard shyly describes I tea-foot area that 2S planted area and lS trees per acre and perimeter WNING 6 PIK FESkOAAY 21, 1999 !LAMMING I (OWING HIKAAY 21, 1999 16 It I happens to coruspond with the tea-foot Setback that 3 screening of any parking that happened to go along 2 would be required from adjacent residential 2 that tide. In the event that it veren't packing, they I properties. 3 wouldn't be able to put any structures within that 1 ISO. INGEIBNEGr2: Out the 25-foot setback is b setback Area. Sol suspect that it would to S required by S Iandrcaptd lace in order to not their planting area 6 MP. DONkIDSX: By the Icning code, 6 requirement, I NA. ENGEIO9ECNT: Okay. Is them e 1 I think the initial concept, 1s I understand 1 particular Season why there was not a rutfec yard en 1 It and I haven't been involved in I day-today - 9 the northern it least I good portion of tie 1 is to provide lose parking on that aide, In which tact 10 nwrthera boundary, given that that alto abuts 10 - well, It they don't trigger there's a minima 11 across the street, granted, but It does abut single It number of parking spaces or I maxima number of 12 family residential. 12 parking spaces that trigger the landSaping. It could 11 101, Mom: Yeah. 1 guess our Sontag 13 be possible that they don't, the tore I talk about it, 11 requires the ton-foot for cosee:cial ptoperties. For 16 NA. E02tdAEOMTr Ohay, My concern is that 1S example, our toning requites I ten-foot setback from 15 the us$ there - III of a sudden you're going from I 16 residential propertits that are adjacent to it but no 16 Single-family structu i to the potential fog I sort 11 setback for nanrtildential noes, :b that become kind 11 of a ass in the sense of I building structure, which It of I standard on that side, 11 may be nothing man than just, you know, fist, pliln 19 Along the north there we have Chambers 19 side of I building with no requirement to hats lose 10 Street, any packing that would be developed on that 20 sort of trees to break that loss or something, 2l site would hire to kit our landscipt code with 21 a. MOD: Patton, 22 respect to the parking. It would tare to be greened. 12 MA. DULSAIM: Yes, Mr, Moreno? 23 !Trod, I Veto, we just didn't feel that a buffer yard 13 III. MOOEOOw ferbape this has been addressed 26 is sus define it with canopy trees And wvderstory trees 2( and peduips I mlised it, but is the perlrtet 25 and A feats and ell of that would be required along 2S greening that's shove on lover proposed site plan the & PING I pig FEIADAAY 21, 1909 23. HANNIOG I "to TEOmn-21, 1999 r 19 SS R I Sane thing u the landscaping you were Speaking to 1 0. CNGLt6A1CNIr I was just loekloq at this, 2 earlier? feat is that? 2 and they're all addressed to occupant. Aid they 3 Ntl. DMDSON: Po. The buffer yard would be 3 i*ly say insufficient address. ?hat's the way the I that Orel along the eastern property line that abuts 1 Post Office has stamped they is insufficient address. S residential property. S Ito. SIM: That's what 1 read of there, 6 M. NDRCNO: And that's the buffer yard, but 1 too, but would you just read off low of those 7 what as your proposed site plan bore, you indicate ? addresses because it's t lot of those Ore Olden I perimeter screening it tht top of the pl;o and oe the 1 Street and Pander Street and whatever else. Wou I 9 left-hand side of the pa;e, and I'm not sure what I just want to make sun that u we I don't tender 10 direction that teprasotts. I'm issu laq earth and 10 those is being not resideatlal houses without It west, but I don't know. 11 residences on them. I2 M. DOWAIM: yeah. ! might have to all II MR. CIWZLSARCIT: fell, there's Dallas Dille, 13 the Applicant that, but this is Mere we're talking 11 301 Dallas Dille, iii Dallas Drive, 62S Calla CIIvr, 11 about the buffer. Md 1 ruspect they're anticipatin; 11 $15 Smith, 301 Dallas Drive, 305 Smith. I want to 15 parking sot screening here, but I'm not sure, 19 point cot to you it's intenstirg that " 1 11 MR. IMENO: Okay. Thank you. 16 road to go back and court these there are probably 17 HR. ENMARMT; O'uestior? 17 ,eves addressed to 301 Dallas Drive. So sonthing is II HR. AISM: Nr. Docaldsoa, taplalt to me why 11 the system if 19 we have such it inordinate number of Istarmi it this. 19 M. RISNEL; Amiss. 20 It loots to m like they're good addresses u we 20 NA. ENGCLAR T; appears to to different. 21 typically would try to lacy our mall, Shy do you see 21 309 Stith and there ire several on Saith and one on 21 a lock of the Postal Service to be able to deliver our 22 Sismots $10 Simmons. Ibst of tbest a.,# not 21 typical piece of llterotura7 21 Chmbers, Actually, then us soar that ire returned 21 RR. DDNALOSDII: I don't know that I CM N that Ore from Chambers Strait or Cliitor Street. I do 23 ansver that other than to guess. Yaybe is area or a 25 want to point cut that the since you brought this PIASWIK I SOWING PEBAOAAT 21, Big PLARPIPG I POSING I NOART 21, 1999 90 92 1 relghborhood that has relatively high turnoret ao that I up the three it apposition there well th,:a of 2 those addresses that have a specific tam I these it opposition. 3 12. AISHL: lost of them road rtridence, 1 0. IlsBtl: light. 6 Pp. DGNALDSON: They have only rtaidence? 6 ICI, EVIBRKHT: Than ace the two residents S Okay. S lanedistely to the north of this property AM the 6 NA, AISBEL: So that's I don't see that is 6 Itsidtnt immediately to tht I s6 ? a kgltllatf~thinq 1 12, SAM! Okay. I NR, DONAIOSOW; Cn the notification for a 1 4. DMIRMT: So the closest surrounding 9 C%ftosy notice I bellere that's what you'll 9 appear to be the aces that definitely toned those in ID referring to the new actificatioa prxtdira 10 opposition. 11 requital staff to mall It to tht addressee for the 11 IM. DOA4CM: And I'd like to point out, of 12 parcels. And we use our GIS system for that, to we do 12 course, yon didn't notice any from Mar 1 overheat 11 have in address for every parcel. In mast cues, in 11 eetur..J • • that were addressed specifically to a 11 address Is rcly assigned when there's Atually a 11 pc4014 NMI, only to 1S structure m that parcel. So we do mall out to every 15 MR. U31u: light. 16 address that we pull not of GIS, but it's been profit if 19, DONALDSON: They veto all physical 17 It the short perlod of tim that we've beet doing it 17 atilcersu a .Aa r 10 that in tiny cases there's actually no resideou 11 It. PURM: lesidmti. 19 there, $o, thardore, the Post office has boat 19 NA. DO.LD901: so 1 think there really 20 returning chem. 20 isn't a coated that we'll reaching people properly 21 IR. II3NC14. Act aw sayitg that there's ale 21 and correctly as we lie sew required, It's simply we 22 physical structure then? 21 do this mass toltectlos of physical addresses, we tail 23 RR. COMM Correct, ~ !1 it out to that cesidoat, suppuedly, ad same-of them 21 W2, IISAEL: 2k. Chalfw, "old yw sand 21 anat. So it limit we did our arty 25 reading thrcugb a couple of those 25 it, RISRU: I ilia af.icsd that the sal PLARPING 10NIRG PEIROAPT 21, 1100 24 , PLANAING I Moir. 16BIOARt 21, 1,44} r 97 I the final page of the summary page that !t said that 1 Wks. I first of all I do real estate mrk 2 three were apposed Ord ore was neutral, No one via 2 and consultation here in Denton for the past 11 yruk. 3 in favor of, Ard as I looked at thou I think it was 3 And, in that capacity, I'm hero representing Matthew 6 actually two that Vero in favor of.ard there were no 1 Gohlke, ado is the owner and operator of khIke pool S neutuls so, just is a correction. 5 Supply at 615 Dallas Drive, 6 HR. DONALM: Those came in since the 1 As you'll seen from the coning map, the 7 NR, tMGELBRECIR; Right. I was going to say, Y property is curie tly toned Sr-7. It's the property 1 frequently they will come in after that's repaired. 1 outlined by the d shed lines. 9 HS, CONE: May I ask you a clarification 9 101, 9ISHELw Mr. Sargent, could you ante that 10 question? Well, Enclosure 1, rrclosute 2, ant's a 10 up cn tht aereen for us? 11 vicinity imp. The othe01 a zoning up. Stith and 11 N. SABGENT; I'm tarry. As you ran see, the 12 Mill are tit same strtetm is that correct? T mean, 12 property's coned 11.7. This lithe property Mr. 11 you've got on the vicinity up it says Hill, and w 13 Gohlke owns at 615 Dallas Drive 14 a li the 10nilq up it lays Smith. So T don't know If, It coatitcial-oriented district with 01111s Drive 15 LaYbe, we have that might be part of the problem. IS frontage, Hr. Gohlkl purchased the property in the 11 The street's not really What we think it's called. 16 mid 1103, end the property is pistted as one single 17 HR. DONALDSOH, Could be. tell, most of 11 lot, bad a s' lie-rattily residence erd in auto garage, II then are the 301 Dallas Drive. I don't know why we 11 a tcansasuium service, behind the we In the shop 19 have multiple copies, but this Mates that they're 19 building, 20 111 the caurtfly notice. I'll look into it. 20 As you $11 beard, that was a use that was is 21 HR. ENGELBAECRI; ale, Goardle, where Is the 21 existence it the time of the toning ordinance adoption 22 Hill Strett7 22 in 1969. Aid that mixed midentitl-romercial•type 23 MR. 110r, first page of ups. 13 me has continued is legal, nooconfoning use since U MS. GGGNDIE; On Enclosure 1, Map k. 1 24 that time, Mr, Gohlte purchased tht property and 25 fear, Page 7, 35 oonrtrted the auto repair facility into Gohlke Pool PLANNING i IONING PEIRDAMY 21, 1999 !LAMMING 1 IXING fEBAOARY 21, 1999 $1 9( I HR. RISHIELw The bottom of 1 Supply, It is now office retail all. , 2 NS. GOGADII, Right where it says the word 2 The request for zoning charge it prompted for 3 'Dallis,' ik ;.a look to the right of it, it soya 3 two reasons. you beard one, Mr. Gablke would like to 6 Hill. The Dallas DlI71 raid, And then if you turn l do woe I%roreunts to the property and nit in S the page, it says Smith oa the neat page. S addition to the building. The second cost and really 6 NP. IRGELBVx; Smith 11 correct, I can 6 the first reason for the inning change is to correct 7 tell you that, I'm lure of that. 7 the legal nonconforming are. If the property were to I MS. GOL7t M I Just thought I'd tell fall. i bozo or be destroyed by wind by more than 50 percent, 9 12. ENGELIBECMI; That's good, Smith appears 9 is you all lrow, the property, to h rebuilt, would 10 tc be correct. 10 hall to conform to zoning. So that would Lure an it NB. RISHEV The fourth enclosure e110 lists 11 IN lot with Dallas hill frontage, and we feel like 12 it as Hill Street, also. 12 that a better use for the 41141 Drive frontage might 11 MB. imapECN7r moo: ';it record, I would 13 be sax type of Jaw-dmaity eomeusal that's there 16 like to Lake onto that the three residents who 16 row, 15 ;rdicated opposition did not make a statement to to 15 I'd Jib to paint oat that we're not rally It wtrat was underlying tbelz opposition. Thera was be 16 propesing a oil that's not already in existence except 11 statement, Pimply circled the remarks, 11 far the einglo•fa dly l ildence. The propoul is r y1 ; t 11 My other questions of for Nr. Doal'Saom 11 to first of all, I want to show you the oxistimg r 19 or cormaents? Oil. If not, is Petitioner or if site plan. I think you base a copy of thin. It 20 Petitioner's representative prosenti Would you glue 20 doesn't quite fit em there. No AM the flitting 21 as your none and hiinera address for the record, 21 building, office r, all space to oppiosluttly 2,309 2' pluse. 22 squire fut. ga M. SARGENT: Its. If stmt to alp Sargvnt. 21 The fiesta residence is about 1,219 square 26 My business address Is 1, 0. kr 2756, 10090 tom 21 feet with a one-cir garage that's attached. TAU 25 Marvell Road. Md I'm here on behalf of Matthev 2S AM the a Uting parking and the setbich from PLANNING i 100ING TEIRGAly 21, 1999 25. PaANtil!G 1 109rNG PEIB1iA1„21, 1190 I i 97 99 k 1 existing property lines. The proposed use I 1 neighborhood setting with several of the ulghbors In 2 believe yaa have this, 13 well, As you're aware, 2 attudince. AM the wjor dstoaception we had was 1 Neighborhood Services allows s building to teller than I that we veto wanting to re:oee the entire neighborhood 1 1,000 square feet. In doing the wth on this, 1 to Neighborhood Sen!ces, And we lead a very positive 9 we've since the relghbotbood setting, we're looked S feedback fxs the taldlnts once we side the petition 6 at what is the salsua building site v. CAD possibly f clear that we were talking about one specific site 1 get on there, and due to the parking tequlrewts and 7 here an 141113 Drive and tnt interior lots on Chambers 1 landscaping requirements, the site will not omen I Street or Clifton Street, just the one site. 9 occoaraodate A I,OOO•mquue-foot Wilding. 9 So that's all I have. Any questlons7 I'll 10 The future building will be less than 1,000 10 be glad to try to lnrnr tha. 11 e;uire feet. And, as you can tell, there's a tea-foot 11 IOi. ENGELMI: Questions? Nr, lishel7 11 setback required text to the single-family toning that 12 .e "ISHM Qu3tion. 11 there a fence U is to the east. The actual setback of the existing 13 that's prop A between the tesidmtial area and the 11 building and proposed building is 11 feet, So there's II business, itself? bS eight additional feet there that are not required by 19 1a. SAAGM Then'1 at existing terse 16 toning, In addition, the existing elnglrGsslly houu If between the residential area and the business. It's 17 Bits right at 25 felt floe the property line. with 17 sot sufficient. It's, like, s foul-foot Ma link 11 the limitations of the Bite for parking mod 11 fence. There's evrtently m six-foot privacy fence 19 landscaping, the future addition will not even 19 separating the busiuss building from the residence 20 approach the 25-foot setback line, this very faint 10 right about here. It anticipate using the wtetials 21 line right here. It floe that fence to be relocated alang the property 12 The future building will not even reach that 22 line adjacent to the single tasilfar structur, 11 part. So it will to more of a setback than is II Ia. 1ISNEL: will there be a privacy fence N currently in place. I'd like to also point out that 16 installed between the business and the residential IS the combined building-coverage ratio of the addition, is part that's currently the chain link four own PLANNING m TONING rENRGAAY 24, 1999 PLANNING A IONING 111MARY 21, 1999 1 1 link fence you mentioned? 100 1 once it's done ant! the single-fadly house is 91 2 remved the building-coverage ratio will be less I IM. SARGENT: On the east boundary? I with the addition and isprovewnts than is currently I 101. 11MEL: Yea, sir. t alstinq with the combined apace of the office retail 6 Ia. SAAGENT: Yes. S building ard the house. S Ia. AIM: Okay. The you well correct in the question. here. 6 M. ENGELSRICK: ke theta other que3tions7 1 Rertmeter Greening we don't have the exact 7 were the and I's not sure this question i1 for you I requirements yet, but we do anticipate a landscape 1 or for Re, Douldson the letters in opposition 9 buffer around Clifton Street and Chambers Street to 9 were thins received back before the neighborhood 10 the existing parking space fronts Clifton Street, Aid 10 meeting? 11 we anticipate 1 few parking spaces around on the it la. IAAG n They veto received after the It Chanters Street side, but we do Intend on screening 12 neighborhood setting. 11 that with landscaping, 11 NR, 02URMI: After the neighborhood Ie In addition, there's in alstinq eA cut It meeting. 11 tight hen selling the single-family house. And that is NR. SAAGM Tes. 16 will be taken away in this process. so this curb cut 16 la. tNGEL WX: Okay. ~ r. 17 vtll be closed. kd the curb cut writ be moved. This 17 1M. AIM! well any of the pople that A. r 11 existing curb cut Is !!re to here about. It's all 11 attended the neighborhood meetings people that had 19 open parking there. That cmio c:L will be Alusted, 19 dissenting letters, once In got that clarifled? 20 and the curb cut will be centered w~, m the block 20 M. SMGENT: Obviously, I don't leave. I* It hen on Clifton Street. So we anticipate that being 21 not stem who sent in diss!nting letterl. Its, rdniey, 22 saw lap:oveaent to the property. 21 ss you know, is out. And I'll been trying to rescb 21 The neighborhood wetitg we bad aglin, it her by phone the past tic days, w f don't krone An II I'd like you, Ill. tngelbucht, I don't rant to 21 la. ENGEIAA Mr They did ant sign w 25 speak for people who are rich bate, but we did bold a IS they Art tot, at 111st, oa the attendant sheet, FLAPPING KNING I11IRGAMT it, 1999 26. ILAANING 110110; YEIZAAT 21, 1991 eseearlam~~NNmml~r J) f 101 In i 1 MR. RISAEU lace of this. attended the 1 done. 2 meeting, Nil f W. EIRLERECIR; Okiy. Any other questions? 1 MR. pG6LBREC117i lo, they did not. Other 3 Thant In. Did It. Gohlke want to make soot 4 questionsl I'm trying to understand now you do 4 P. Miry; I don't know it these show sp. 9 plan for a Iii-foot privacy fence, you sty, on the S 1 just, briefly, wanted to show what we kind of 6 eastern boundary? 6 anticipate. This is the 100 block of Dallas Nivt In ? V. SAA6EMT: Its. The eastern boundary I the background, and this fa Simmons Street, where we S the entire eastern boundary, Its, prom there's A 9 have a professions, offict building adjacent to single 9 commercial tone district here. 9 fatally, 10 0. ENGELBREC1ftn light. 10 This buil6nq was built before the curceat 11 MR. SAP VI: And this is in ST-l, 11 landscape ordinance. They have stall grass islands 12 MR. EMGELBRSCXT; P11ht. 12 here, We anticipate a most restrictive landseeplaq 11 0. S6POM: Its. privacy fence along the 13 design than that. This is the kin loth retail use 14 seat boundary frog here to best The commercial tons it also adjacent to single family, and theirs does stow a 1$ district goes east from berm. IS snit elaboute landscape strip between the tingle 16 MP. EN URECif: All right. 16 family and the retail uses. W, anticipate tomethinq 17 1?. SARGENT: but the privacy fence will be 11 snit along theca lines. 1P Along the east "sty, 16 MR. Ep21Ai1CNf: Did you have any other 19 MR. EPGELBRECIR: And the what about the 19 coautntsl 20 northern boundary? 20 it?,. SARGENT: P. 21 MR. &WENT: I 600't entlClpite s Lama oa 21 it. titawm: ft-y, Did Mr. Gohlke want 22 the northern boundary. We anticipate landscape 22 to take some coamtnts, pleases 21 scratning on the nortbtrn boundary. 21 MR. GONIAE: COW evening. I'm Matt Gchlke, 24 MR. ENGELSUCIfh Gives the that appears 24 property owner, I was first ode aware of tht losing 25 to be fte the opposition is. Rid I can understand 29 problem several years ago, and 1 should halt done PLANNING 1 101ING TEBPOAPY 24, 1999 PLANNING 6 1401ING rtBPOAPY 24, 1999 102 30, I when someone cameo in and is requesting that there be l something about it than. Mal I didn't. Now, 1 need 2 a parking lot across the street from them as opposed 2 to equal my business, and I'm kind 0 forced to. 1 1 to a single-family residence, I think that's at I became concerned a few ruts ago. They said, wall, if 4 least from my experience, l think most residents in I your building is destroyed, you're golny to bare to S this town or many of then are going to appose that as S tuort. And nobody wants to go through this, I k1e4, 6 we've seen in the past. That's why I'm asking abou: 6 but, like I said, we want to add on to the building, ? the privacy fence on the ^ I And I felt like this was the time we needed to do S MP. I,RGEMT, Sure, Mr, Goblke can probably 6 something, 9 speak to that q,,estlen better than I can. 9 In tht meantime, I started looking crowd 10 MR. ENGELa lcm Okay. Any other questions? 10 Dallas Drive. Rid I want to be 10111 that I fit, you It Its, Mr. Moreno? 11 know It in with the neighborhood Ord mat do 12 MP. MORLNO: Where are you join; to put that 12 anything that's going to be too controvauial. And 11 drpster thatli on Clifton Street? IS before I site went to 111, Sargent and 1 think that 11 MP. SARGENT; I can't anmwnr that. I'm sure 14 it caeca to fit well witb wtut'a gone on DOllas Dries. SS the City will have a suggestion on whets 'a place it. SS 1 consider myself part sf the neighborhood. 16 I have hot heard what the tecoemenlatfoa might be. l6 1 know most of tbt residents. 1 m to speaking term 11 MR. RISI¢L: Was there any attempt to contact t' with almost all of them oo Chubtre Street, I have { At IS the peoplt that had oppoiltion to k directly? II good inttotiou. Like 11114, 1 look At that as my 19 NR. SARGENT; we wanted to, but is I 19 nelglbarhood, 1 don't want to do saythimg that's 20 mentioned, I have not yet. I don't know who opposed 20 going to came anybody any beartiche or problems. I 1 21 the petition. Ms. tinny has been out, Two days 1 21 want it to it an wet to the life, 22 tiled to contact het. I did not know she was out 21 1'11 bars it professionally landscaped, and 23 until tonight, I left menages for hit to help as 21 we'll be good neighbors Jost like we hart for the last 24 with the people who Alght hall been 1A opposition, Is 24 11 ytire. As far as the duepstet, that kind of stuff, 25 wanted to contact those people, but that has rot been 25 1 don't want to h in tyerort. I'll probably Klein _ PIANNING 1 "1110 HIRVARY 24, 1999 27 PLANNING S WMING nispopi 24, 1499 I I tae . ID1 I it on all sides and keep it any frog the residence. I correspond iffy closely with the trip intensity. 2 1 think it's a winning situation for 2 MR. 1ISM! 1 mean, I think I know the 1 everybody. I'd like to thank the City staff and chip 3 property fairly well. And I'm jut I don't think f Sargent for helping r with this. That's really all 1 1 of it as being jut sultiple pieces of equilmot being S h:-e unless somelody has sore questions. 9 parked on the site that are coming and going tS or 20 6 101, AISHELr Couple of questions for you, Nr. 6 t 1w time a day. t Gohlke. Of people that sent things in, of you aware I IOI, DONALDSON: well, yeah. Into is a I of Wbo those people fight bet f problem vith using standard multipliers from a table 9 M,1. COM I didn't kaow anybody sent 9 that's provided to us by the Institute of traffic 10 anything In. 10 fug'-firs, And it's the only We, basically, the II MA. 1ISH66: okay, It only gam in town for estimating trips. And Comparing 12 S. GNAT: 11:0 the property awnero on 12 that to a very specific type of retail use that has a 13 the with side and on the east side. 13 clientele that's femfwhat different than typical 11 IM. AISHLL: Mr. Doul6on vill read those 16 retail, obviously, catering to those 0',o bare pools or is off to you, W 1 think and 1 don't want to p«t IS who not posit is not quite the lams -tourer base of 16 cards into anybody's south, but Kr. Donaldson's 16 those who want gasoline or those who tram groceries or 11 explanation to of was that they were, perhaps, in feu 11 that fact of tbing. So we're jut guessing an that 11 that we Were rezoning those people's property is 11 trip generatiac. 19 opposed to jut, specifically, running your piece of 19 The bottom line is tot it really isa't very 20 property. And there might have been some confusion on 20 much evfn at the high end, especially for a property 21 that so 21 that's adjacent to hills Drive, 22 NO. GWrl: These people veto not at the 22 W 11Si¢L: look at that number. IN 21 neighborhood meeting. And 1 haven't heard say of 21 many how many entries and vehicle trips does that 24 these oppesitiona, 21 represent to as caWtWdse? 2s IA. RISHIL: It there anyone there that you 28 MR. DOIALDS'iN: That actully represents trip IMIX 6 10sING 1119MY 21, 1999 PLtnlx 1100114 aRROARY 21, 1999 106 101 1 I knew personally that I fMs, so every car that comes is and goes out 2 NR, GZR: 1 know I'taw two of the I registers as two trips. so you're talking about halt I three, but, you know, just speaking tens and bow are 1 that easy vehicles, "flit the number if, i you doing! And I know who they are, and they iza 04 1 Ml. GONM 1 may be able to address that, S 1 am. S MA. DtdALOSgI: Kr, Coldka my act us Ily have 6 MR. RISHIL: Okay. Oct of the things that I 6 , a on that. ? noticed is the difference in the trip allowance. And 1 NR. Wt: we bill, typically, during 1 I ought rak Donaldson to help as on this. It 6 th - opposite the seasonal business, we'll hate 15 f 9 shows on our report s51 above allavable trips. Can 9 a res a day during the vinter. And we'll have is 10 you explain that? I mean, Mr. Gohlke, I la" you 10 at to 60 during the sprlng tad summer season. 1 11 couldn't explain that, Maybe Kr. Nark can. 11 to mention that ve hue a nrebouse at 12 MR. DONALDSM: 1 Cape I can. 12 another we Ieve I S,OOO equate foot Warehouse at 11 Nt. RISHIL: And my primary concert if the 13 another location, sa there's not big trucks coming in 14 safety of the neighborhood. IC and out of this, is 14, DMDSOIr This it a little iffy becaua is kA. 11S9CL: ft's not you trucks other than It we exult find a very precise measure of trip If for r ~ 11 generation it ou manual of trip generation that 17 M2. GOIDht, Right. 1 was talking about Ae ' 11 corresponds with this type of a retell use. Is 21 we don't have delivery trucks toting in and out of r ~r 19 offered a range going from four trips per thousand to 19 there, 11-staled or anything. le beef a separate 20 tl trips per thousand, And 1 believe Trini kind of 20 location for that. 21 used t midpoint for doing the actual authentic. 21 Mil, RISHItt Thank you. 22 If you go it the lower end, itdch is four 22- A. flaw=; Other questions for Air. 23 trips per thousand fquara feet of developed area time 23 6ohlle? 1 would lib to ask if, Donaldson a gaestion 21 6,000 square feet, you'd ball If trips pet day for the 21 at this time, If nobody Aa an objectloo. TAsuld you 2$ al:mble development on the site, .filch world 2S put the sap back up? It's tomieg imp, ?age 1, ?LANAI, HONING ?2MMY 21, 1995 28. PMIIG 6 10NING RhWY 21, 1991,_ up. 10 I f'Mthing was mentioned, and I want to bring it it I NR. YVA£BD: Okay, 2 $ould you point out the Auto lone locatim, which is I P. ENGEUR Mr Thank you. I'll continue I there. If you're not fadltsr I on, then. Is there anyone project who would like to 4 MR. DONALDSON: I's not sure that I can. I speak in favor of this petition? Anyont present to S P. ENGELIRIM: Okay. Go in the upper S speak in favor of the petition? In that use, is f left-hand corner of the section, and there's a E there anyone present to speak in opposition to the 7 right there. Right there is a Comercial tone on that 7 petition? Anyone present to speak is opposition to corner I the petition? Seeing no oppo31tlon, I waive the 9 IR. DOt0lLDSOW: Tee. 9 rebuttal. Public hearing is closed. to 1R. EMUMPICHT: I$ kito lane, low, the 10 Donaldson, do you have any final staff li aide of the Auto lone parking lot faces that Sr-7 11 reurb? 12 across the street tight there. And I for the life 12 111, D]NALOSON: Only that we reco vend 11 of am, I Cannot recall the name of that street. I 11 approval with the three Conditions that Vert offered. 14 want to jay Alien, but that's not right, Cook Stitet, 14 And I've heard discussion about additional landscaping 15 Thank you very much. Taut Is cook street. And that 1$ along the northern property line being the Chambers 16 Auto loci was built recently, 16 Street side. Who buffer yard i3 described with one 17 Would their side parking lot, which would be 17 tree per 25 linear feet would require sir tree3 along 11 the jam is a aide parkinq lot here, would that be the 11 the eastern property, which will exceed the tree 19 standard that we'd to looking it? 19 tequitement of the landscape ordinance anyway. So if 20 NA. DONALOSON: Not necessarily. The 20 you were to extend that same buffer yard tequlrement 21 landscape ordinance, is It exists now has, basically, 21 along Chambers, you would add 1 think that's a 22 two requirements associated with parking Chit arm 22 bucked foot of frontage you would add another fire 23 triggered by two different thiesholdi, The perimeter 23 trees. fire campy trees and five wderstory trees. 24 screening is threshold is requirement is triggered 24 IR, £Nr,ELUMI: That would that cawldn't 25 by ten parking jpace3 required, and tht interior 25 be the full hundred feet because there would have to PLANNING I EONING ItIROART 210 1999 PLANNING 6 ZONING rEIROARY 21, 1999 Ito 312 I landscaping is ttlggelod by 40 parking spacts, 1 be a setback from the corner, right? The visibility 2 I suspect that this business will require 2 setback? 3 sore than ten parking spaces. In which case they 3 HR. DONALDION: The way we use it, we simply 4 would be required to street that picking lot from all q use the measure to count the number of trees. ke S public streets. I don't ?mow If that applied to the S don't specify that they al! Cave to be oiixy 25 fact. 6 Auto Zone, 1 wasn't tore when it wont in. I We could, in fact, clump into a little bit. \ 7 IR. ENGfLIR£CM Okay. I I star now 7 IR, ENGELAMUT: That would break the uss, 1 I Chet I look it that what is across frog Cook Street I but it really doesn't block the parking lot. 9 is, in my opinlom, imdequate for a singlo•fiadly 9 M. DONALDSON: The parking lot ecrteninq to residential totally. And we definitely heed solo 10 Uqultes very specific shrubbery plantings of 11 It Ve've already done that to that neighborhood, If you 11 inches on center and at least 36 Inches high it 11 will, there. kid I don't think we need to do that 12 maturity. 13 aisle. It just seem to se that the:e ought to be 11 NR. 0GEI9ATCAT: Would It would it 11 additlonal icreening across from that mingle fad ly. 14 girth that they'll from you talking with the IS you're glaing up the folks across the street lot 15 developer, there appears to be a desire for a parking if losing A single-fadly residence, and edit do they I6 lot on this site, loud it sees appropriate, then, in 17 lain? A parking lot. ✓M that needs come screening, 11 that cast to just slyly require the parking lot to In my opinion, II screening on that edge and then Mich is going to 19 And is okay. Thank you, fit, Pit. Novato? 19 be a full vegetative uriee, is it tat? 20 NP. NOPIV Vs. Donaldson, refresh Ity aesaty 20 0. DCNkIDSOW: Correct, 21 on the ties allowed in a lelghhorhaod Services toning 21 AA. POIrEIL: AoI would that not be loqui:ed 22 district. 22 just because thews a parking lot? Thert isn't try 23 19. DONALDSON: Essentlally, the same as 21 reason to spell that out, Is there? - 24 general retail with the caveat that no strwcturt can 1R, DO AIMS If they veto to expand the 25 exceed 4,000 Iq'arm feet, 2$ business by greater than Sp percent of the aliting PUNNING a 10019G rEIROARf 24, 1499 29 • PLANNING 110019 MAUAdy 41 1099 r l13 I business, then they have to meet the Irodecape 1 115 :aningi 2 requirements to the entire lot. So if they expand by 2 W. Will to, Ludscape orainaote is a more than I,150 square feet, It it's between 25 ad 50 3 sepuate section. 1 percent expasslon, than they only bloc to seat the l 10. 6CVADIS: Kr, Sargeat has It, you guys. S requirments for that part that they expand. So there s 10. DCIKDSWI: 9h, Thank you. - 6 is I little gray life In there, And calling dam a 6 NS. 000AOI6: Doesn't the property which the 1 specific condition would elimilute the gray, 1 house is on already kale sae ladscaping on Itl Are 1 R. AISHEL: Mr. Donaldson, I heard ma. 1 we not making that into the consideration it a11I 9 Sargent mention about the primacy fence, the eclat" 1 10. EXELS NI: There really isn't. I 10 fence along the east side of the property, I don't 10 scan, the structure gees, and then if anything is It ate that It's part of yes notes hart Is A stiff ll constructed over there, the fence will have to go. 12 recommendation. Is that something that's required? I 12 That leaves 11 mean, I typically think of that between residential 13 I0, AISHEL: The fence Is a 11 and other developaent, II IS. 0=11; Nell, but I'm saying the front 1S MA, VAALDSOP, The old landscape ordluxt 15 yard was 25 probably 25 foot back. As yam pointed 11 required it. The new lardsupe ordinance has lenguagm 14 out, the thing that they don't eves asks the back 11 that a buffer yard bt required between those two ases, 11 of the frost of the howl, I think, is what you it And it's I little bit grey is fu as whether it has to 11 were saying, The Asa bulldinq can't even go up to 19 be I fence or whethet you can do it with landeraping. 19 where the house originally existed, 20 Generally, we get a :.not Ind Iandscapinq, but 20 NA. EMLWCMT: fight, 21 MR. EPGEIB BCM1: I was gain; to say, as far 21 M. GODPDIC: So there has to be some 22 as I can recall, any Fort of eaoerci+l retail 22 le6caping in the front yard, doesn't there? 21 business and stogie fully has, virtually, always had 23 M. MALMO: light, but instead of 21 + sit -foot 24 stela; the landscaping and a house, you'll lee the 25 MR. PISALL; it don't say that bell. 25 landsciping and a park' lot. And I don't know many ILPN x I Eoux YESAOAAT 21, 1993 PLANNING S IONTNG fE9A0APY 2(, 1999 114 116 I MP, EIOELSPBM I know, It baran't. At t u*1dente in this tow that would Come in and agree to 2 least 2 that. ) MP. NMI! I just bard lr. Sargent say it, 3 KS. WOADIP There's a 25-foot setback 1 but Ila lust wondering It we riauld include that in I there, They can't put a pmtking lot In that 2S-foot S the to divide the residential !fait our pieta of S setback, can they? 6 property tare As we did two weeks ago on another piece I M. ENGEI:PECNf, The question if: Should 1 of property. I they put screening in there to screen the parking lot? 1 MP. SMit: All we have to do II add that to 1 That's Alt I'm asking. 9 the eecord condition, 9 0. DgOiM: They CIA park with In the 10 10. ENGELBUCK: Then it least it would to 10 setback area. The IaogU;e this Is a copy of the 11 between the single family and the commercial, cot 11 draft ordinance from back in lomembu, Ed I think It 12 unless the single family nfighborhood services. 12 stayed the sue. Any parking lot of portion thereof 11 MA, bO(EN; you're talking about the east 1) that $I visible from the public right-of-way Ind U aidel 11 contains tin parking spaces of more shall provide iS KA. ENGELIU MT: Yes, is partial loitering. And it shall be minlium mature lfi MA. PONELti That would be In the second 16 height of 36 inches and installitla height of 11 rJe 11 condition bore asansing yaw added the fence to that. 11 Inches or greater and spaced 0o sore than 21 Inches m jf-\ c 11 MA. ENGIIBPECMT, Mr. Donaldson, could yon If aput edge to edge, 29 read us the specifics on the screening for a parking 19 Thta witb 10 spaces or more, we get into the r,ad 20 lot? Could you pull that out of the ordinance, if you 20 interior landscaping, which taldres tree and shrubs t 21 halt a copy of it hire? man may net have oil, t 21 and it least a SO-aquae-foot planting aria Around all 22 tsaiite, 21 trees. That's, basically, it, 2) U. DOEALM: I don't Aare a landscape 21 0. PRI& MT. laturl height of 1.6 inchesi 21 ordinance with se, lino sight. yeah. it 1a. DC106DS011: Yeah. AM insulation height 25 a. NM: I'll ahecir mad see, is it taxer 30 25 of 11 inches at greater and spaced wet more thaw 21 lLk1MIlG S-ICMIPG f11gDAAY 21, 1'99 1 k 11PriG 1 IOPIPG ll1A0APY 21, 101 ~r 917 S I inches apart edge to edge, . 1 1 get all the puking on the !rootage dwq Ciifcot 2 141. IIQURECIT: In essence oil et a . y g 2 Street, chat I s design question that I [ally d::. t ~ 1 vegetative all three feet high. d here in answer for at this pilot, I 141. MM: At uturity. 4 Its. 6=19: So you will got be putting S MS. G00RDI6: can we just clarify with it, S sort than 20 parting spaces just because, obria:s:;r, 1 Sargent exactly he just said there would be I few 6 the titles um't going to wort. So it will got of 7 om that side. That is a few in hit e:ndl ebvlouslr 7 more than 20 spaces. the!e's a ouster point here that if it's going to be I Ia. SAAGEMT Ihat'1 it, There will to !file 9 leg, we need to do one thing. If it's going to be 9 than probably 17 or 1f spaces. 10 less them tee, we geed to do somethln;, I Dean, I 10 MS. Milt Because then that kind of IL think we need to clarify EN many parting spaces he's 11 nsweR the questions 11 to Alt we ban to lock s: as 12 going to put to the vbarpoint that Mr. Engelbrtcht Ss 12 to answer Coulssloeti En;elbncht's gaesticei. 13 speaking of. 13 MR. f1GCLBRICMT; Since you're here, d: yn 11 MR. SARGENT: that's I little tit esblgueus. 14 understand what sty concert is hen? IS 1 don't meat to be deceiving or anything, but the is Ia. SAKER: Surely. 16 existing buildinq has let's Ile, tic, two, three, 16 MA. IMGE URN!: It doesn't sett tlg7.t 17 four, five, six, seven, 11ght, nine, ten spaces, 19 ask I residence to ewe 1 house lad gain a park!!.; itt it These office retell we will squire one space per 200 31 without having sae significant arteoimq then. 19 feet of bullding. So it's going to be s ratio of how 19 MR. SURAT: $lot. Ard I can issare yr: 20 11,94 the there's loge kind of, you !now, algebrtir 20 that Gotlki well, just kind of back up. Ina ll fanula cove up with here that Will show w, given the 21 galore of the pool business, you wait it to 22 site Diu and the aquae feet required for parting 11 be attractively landscaped. you w,-It Iacono to wank 21 then we'll almost have to back into what lice building 21 rap and have I feeling of being in a nicely landscaped 24 ws can accow4date, 21 endrownt that's conducive for a pal. so I thin! 25 The parking requittmetts will regulate the 25 the wri landscaping Mr. Gahlke does, Of better PUMIPG 1 10111G FEBRDART 111 1449 91AAMIIG 6 101IIG I't"Oul 21, 1999 I11 12G 1 site of the building rather than the building 1 sarketial for bin is the pool buslsess, 1 ngrliticg the parking because if we say, for 2 MR. ErALIRICaTt Alt 1 was si;ly asking 2 example, 1,000 square fnat building, which the site 1 Me, Donaldson wu with regud to what the sctoen.t; I c,rnot accosaedate, require 20 specs, 11 can't get I would be for I perlitg lot, and that would te, 9 20 spates Ind a 1,000 Dare fact building on that S bailcally, a Net-foot living wall, Aid then I! +e a site. 1 extended the req~I:Iwnte - the tell requitlserrts is 7 so we Are anticipating sosethinq in the line 7 yaq hive 00 the east side to the west silt, that 1 1 of 1,300 to 1,500 sq:are feet taps, which Is going to I would provide am sass to break up fiat building, 9 be about 16 or 11 spaces. So it's adding &oother flue 9 1a, W01; Absolutely. 10 or Aix spaces than what 11 currently on the property. 10 IGI. I10Bunarr Aid you still Dave tom for li MS, GTRDI6: So 0,em you spoke eul:er w 11 your puking lit Ind the neighbors have sae screenir; 12 the northern aide of where the house is belt; 12 fin across rte street. 13 tared, the forme; home, you aid the., sight M a few U MA. SAAG61r: Right, That is every intent 11 parking spaces around the cocnu rout? 11 we have Is to uke it es aesthetically ittracflve to IS IS. SAR;ENTt Its. That's the Idea Ia the 15 the ttighbots u pceaible. The thres•fat heogi is It 4:01 wham you take this packing I•, this will go It definitely got a probles as required. The campy f' 19 Away. 17 trill I con I1sure you At. CON has Ivory into: ti ; r 11 M3, GOORBII: Right. 11 to landscape the ptopetty beyond what the nTA.'U1en:t 19 MR. sAjetor: These spaces AIR. A few of 19 uo. 20 these will resale. Tell have parklnq here, probably 20 MA. Allal6: Oil of the things that you lust 21 amt parking in front of the building. Aid we'll lust 21 untioned no the design chanctertsticl of the 22 hire to see whet configuration the building goes. If 22 building, Aid coo of the ways we sasetlses sitig4te I l3 It's 1m L-shaped building, them 1 would italics 23 the Uftcta of ecmurcill up igAietst tesldentIII Ia r1, 21 parking would be on the month side. If It eels rap 21 saki the twicial building loot loco lilt a 25 belt; :we# of a strip-typo building, them uybs we can 25 nsldenct, Balbe it skald help u if I Aid kind of A fLA11IY, i IOIING RBROAaT N, 1959 31 ' PU,MIIIG 1131IG IEBSGMU4, 1999 a u I i I l!1 li) ; I feel on that the building it going to look like. 11 1 you read that uctlon theta will be campy traai, 2 the new building do y. i anticipate that to still i then, on the north olds, is Weill would they Deed ) hale a flat toot and painted white? ) to add that to their Notion? 1 A. SAPGEMT: It's got a pitched toot now, I IA, DOIAWSOM: That would have to be added S but I don't know, I ray hire to ask It, Cohlto, I S to the Notion if that's what the Cotlallmn lesir E don't Im it he's of that fat ale with 9 n9 1 !0. IDCf1; 1 didn't know when you were on t MA, IRM: Is that anything that log 1 that, I just wuted to be lure you understood. I thoasht about in trying to Idtigete that I MA• 1I5ML: okay. So with a fifth 9 10. SAPAM I do knew that 1 would 9 momindation that there be canopy trial an the 10 anticipate some loprmveeknts to the aesthetics, the 10 sundae that's in the east. 11 ertectot of the existing building as well is, of 11 W DOMAWSOM: So to small that Arse 12 course, the new construction. I would anticipate he 12 condition to add along the euteta and northern 11 would upgude to India extent the existing building. 11 boundary, that would mean we bit a era-foot required It To w?•tt extent, I lon't know. Dc you care to comet? 11 width to the buffer yard. You mw Not want that such IS MP. GgILPL: Me really haven't got that far 15 on the north. 16 In the planning process, but I tally want it to bs a 16 MA• MW If you've got the vegetation 17 Diu building. I? 10, 11ML: YDn already bad IS foot on the II M. PISMILt Do you urderstati the concept II North, right? 19 I'm trying to get to where we diadn!eh Kew It fight 19 M. DOMAWSOM: Merl 20 affect the neighborhood and the fact that if it locked 20 MA. PISNEL: Too had a esthack of 29 21 eon like a taidence that it would probably feel 21 M1. DOILIWSOM: It's a 25-foot setback for 22 totter to the Neighbors and be fire acceptable, 22 atruttgral. IOU can pack within a tot-toot ladicaptd 21 10. GGILAI: t understand that, Yes. 21 strip that probably exceeds what fist people do along 21 MA, 11SM: And I want to get lack to the 21 the periatu of a parking lot. !S fence Idea again because 1 heard Mr, lacgaat motion is MA. )ONDLL: If you dare the degeution that PLANNING a EWirm nSR0AAI 21, 1999 IMLNG a IGMIMG rtIADAAf N, 1999 122 1!1 I that ai,t side. Do you uticlpate that there would I you bait to lust Waist of the parking lot, do you , 2 be, in fact, a wood screening fend along that side? 2 want to add to it with a bullet tone, also? 1 MA, GCNIa1Er Definitely, there would be a 1 MP. IISKEW 1 don't think so. i fence all along that sidt• 1 M9. miluch7l Mill, folks, we're asking a s MP. RZAL: It we were to incorporate that S neigltsot to lose a slnnl#-f aily tesldence and gain a I into I parking lot across the street, now I MP 0,WC: That would we% fine, ! 11, M11: Merl, doesn't the packing lot M.- RINI: into the things, that wild 1 requite that they put a three-foot livini will of 9 be okay? Thank you, S landsupe theta? Eo It's atomtiully 10 MA. SWIM 1 would just note, the wood 10 0. DOMALDSOII: yes. Jut it doesn't require II fence that is on rho property over, we'll just take 11 a tan-foot wide lindseeping planted area, which we 11 that fence and reloeato it. So I'm sure that's Net a 12 Kara specified along the eaters aide. 11 problem fir Mr. Goh' ke. 11 MA, EM6El21ICAf: And is the dealt the 11 V. ENGCAMM'l; Any other questions for 1r. 11 parking lot dad not go in, theta would be No IS Satgrnt? 041. Thank you. 0 tequirmit lot a thres-foot atrsen of vegdatlon• 16 Cammialours, M you have :all other 11 And Huth, ftinkll, when my worn Is, 11 q'utatlons for staff? Comments of a Notlonl Si Particularly after t think about the cook Street Nod (A J1, f. 11 k1, 1I3MCL: wake a Notion, I'd like to wit 11 the Auto lone aaoss the strut, flat, to my opinion, 19 with recoozendation for apprma; of 1 00.001 with the Is Is not In any way adequate, 2) conditions a outlinel by raft in l!:luds tsncirg 20 11, PINE Monad yoo like to coke an ! 21 slang the mist a',$ of the pr perty privacy fencing 21 m dmentl 22 along the Pat aide of the property. 22 10, 112LfiPl.L91 IN bard a Notion to aetard, 2) W. GM E: ':cord. 21 r weld offer to istirdmeat that, in addition.to the 21 10, IOCEA: lt, m confirm ont thing, Ron 21 well, deal the aMGdment include the eastern and 25 lark was talking about the campy trail Mark, after 25 mithita boundatyl Dr you read it jut is it Nil I ILAMMING 1101100 rl1A0A1Y 211 1190 32. PUAIAG 1 IVA f11AMY 210 )99! r 1a9 1 I guess " I ndghbarhoods and yet still allowing for buslnata to 2 Na. 1I0tt Tog want to make a friendly 2 grow and expand. So I know that it's in aukilyd 3 imenavatl 3 situation, and I third Win just trying to defend 1 R.:166OIAICNT: 1 quest my friendly 1 peaph that light not be hare. S amendment mould be that in addition to the eaters S MA, 111AU Mt Kr. Moreno, 1 boundary there be added a northers boundary, that the f MR. MJ1610: Somebody p11411 clarify tot a 7 buffer yards along the eastern and northers L074ty 1 what the motion it calling tot along the northern edge I Wald be the addition of at least 10 feet wide, one I of the property. 9 canopy trio per 25 feet, one undetstory ties for every 9 MS. WORDII: It's calling for a tor-loot 10 canopy ties. And, then, one other condition and that 10 burfer with I canopy tree every 25 linear feet and one 11 bt that there be I threadoot screen slong the 11 aierstory tree, lust is it's written aM the stall 12 northern boundary that corresponds to cut current 12 :ecosmendition part it sey$ a buffer yard along the 13 parking lot requirement In the landscape ordinance, 13 eastern boundary that will offset eastern snd northern IO MA. HEILt I would accept that amendment )O boundary. so instead of it being a nothing, 10 to is KS, Gl10MDtt: I'll second it. is speak, It's required that the ten feat is laadrelp d, if Imo, INGILIRICN2t Diecuesios on the motiuei Is is all we're saying is Air Mr. Ingelbrecht fs 11 Ms. Curdle? 17 flying that we twit this gentleman A NS. GOORDIL I'm really perplexed. No hill 11 W UN: So we're requiring a ton-loot 19 a landscape ordinance. Io have a parking lot 11 buffer paid along the northern 20 ordinance, It hire all those ordinances, end them 20 99. 00 nit: Iorthem edge, 21 we're saying that it's not Sufficient. Our ordinances 21 NI. 011101 boundary in addition to the 22 ore not this Is perplexing because osuilly y'all 21 perimeter screening or instead oft 21 are so anti-ordinance. And I quest you've all thrown 21 MM. tKELSRECRT: W. Ihat I had idded was 21 mw for a loop hear because 19 gnder the impression 21 that Otte Wald be the thterfoot living screen is 2S cut ordtnances would cover. If they put f parking lot 25 well, which was the parking lot totem. ILWING I COMING ysIAGART 21, 1999 nolm 1 Hollf; funny 24, 1991 !26 !2 1 In there, our ordinance states he his to do this if he I M. MOO: That thief-foot living ruld be 2 puts a parking lot in there. I within the ton-foot buffer yard] 1 MR. WEIARECMTt tut I think that, 1 NP. lxtunw; That's the ray I Wuld 1 genitally, when we think about ulghborhood services, 1 perceive it, yes. S that ordlunce is referring to that text to comercial s KI. DOMALOSOM: whether there's parking there 1 or something, not right across tht stteet from single s or not. 7 firmly 1. That's what my Music is, it that this is 7 Mh. IV": Right. I a unique altuetion when the landscape ordlunee is 1 MA. Wtb1ECK1 yeah. It %-Ildn't 9 not necososrily livable. I necessarily elim<nate puking because you could have 10 K6. APPLE! S quits I could get more excited 10 it between trees, is 2 would wderetand it, the thing 11 about it since this ►ss a public hearing it we bad tl Wald 12 same of the people who lived in this neighborhood We 12 MR, MU! Add It Otto wouldn't talite to 11 flying those lama things Saying, I don't want a 1) whether Welt puking, It's going to be Oita II parking lot forces from my house. I don't want a II whether or not thrill a parking lot, 15 parking lot forms from by bout but I'm kind of 1s M1. 10918=1 Right. Any other let like Ilitabeth. Tog lmm, we hall these thingi in 16 discusrloo on the Viol No. Apple] 11 place. And thou'a ma one btu opposing it. so g 11 MA. DuYrAlOSwlo 0O M hive S alcond to the 1~ guess I'm kind of concerned that sow of as are 11 amendrent2 19 opposing it based on 19 MS. Mitt I second it. 20 MA. 111911: 2 think the opposition that elm 20 IC 10211FICHT: with roluctirtt, 21 has is in opposition to the fact we hall done Ion al MS, Mill lath relgctinte. 22 things in the past that It we had tkught this through 22 Is. Mitt with Ifluctance. 3 just Vint to 21 a little better, we'd bf are prudent in how K Voold 21 fly that 1, for one, u pleased that a 21 apploicb this. And I appreciate his approach to this 21 watl•ostabllstd bminut oucb is Wake wants to 25 in trying to pitservl helgbborbWo and protect A expand here in Gnton. And I'm paused that be will ,!LAMMING k1XINC ninny 2!a 1999 33. YU MII0 1 ICKING 11111W it, 1109 t M f r t 129 131 1 M able to. And whatever We to be done to that 1 eorditioru you could add. So this will be tieattias I this can take place if you know, if that's going to I s condition, And in use of I conflict, the what ) be I requirement, then I'll be voting in favor of it. ) you do bile in this case "d pitfall ores the t MR. MLL: L lure I question for It. lueek. C landscape artist if You were requiring more here, it S M. DNGCunmi Tell S would control over the landscape ordinance that eight 6 10. POWTLL: Do we need to vote on the 6 require lest. I separately with this amendment, or to it new all ON I WA, llGtlb oil Any other eommaht? I would motion? I ilk - it via just IlipIy I atiteant to Ir. Gchlh, g MI. 10CIAr Let me ask, vat that 9 1 would ask his that given that the tesldento are 10 111. P lt! I'm not trying to make t) immediately adjacent to this property or across the 11 10. 1000R: was that i friendly undment? It street from it that before this goes to City Council 12 MR. RISE i It Val a friendly turtment. 12 it be Hold contact them and explain what if at 11 light. 11 least going Word to them and get their input, I If AP. PNEW so it's all one motion, It think It would probably help hit use at the Council )l MP, IVLAPIX: Any other discussion? 1, IS level, too. Anything 11311 All in favor of the 11 too, would Ilks I just vent to say to Wr. Gohlkr, t 16 motion pleale raise your tight hand. The motion 11 wasn't in this case I'm not it Ill opposed to what 11 came unanimously, II you're wanting to do, but particularly looking at the 11 Item 9 is to hold I public bearing 19 cook street situation Vith the Auto tone, I don't 19 conildering making a recommendation to the City 20 believe that it's tight to build a parking lot across 20 Cntmcil conceming the annexation of $2.19 arias and 21 the street from single-family tn!dences without scam 21 ronNlrent inning Of subject pcopelty to Single' 21 considelabie Platting here. that's 1hy I Val, 22 fitly li toning district And single-family 10 toning 2) obviously, fighting so hard for that, but I really 21 district. N property is L rid on the South 1144 24 think that's very imparttnt for a neighborhood. ro? 21 of Ipn Road approximately 1w felt Oast of 25 M3. APPLE: t quest what colors ty opinloa a 25 rorestrldge Moo. And It is legally deactibed is PLANNING I SOWING MWAR7 21, 1999 WAL114 I KNIAG rtIMY 24, 1999 110 112 1 little bit is the fact that thli business has been 1 Tract 71 Ind II In the 1. ldtton survey and tract I 1 here for 11 years tight next to a lingle-story 2 in the T, Labor $=Ill. ) tuldeha. So to M this seems like an improvement to 1 The proposal if to develop 129 single t have the parking lot scroll the Most instead of 6 residential lot WrLoion. Nt, lied will provide S right nut door to the house is it is now. And, 1 S the staff report, Sir. 6 guess, that's what I Val looking at It is to me. It's l MP, 110: Thank you, the location, is you I in Lapreveunt. It's I win-win situation for ? vole just discusinq, to in South Denton on the South I ertryote. I side of Alan. the nearest subdivision if the 9 Malt And I don't know it all 9 rottstridge subdivision located just to the forth, 10 scceenlnq 1s god because 1 think there's certain 10 The vicinity map dare stn we Isom in a little 11 citcurtotan(n where lame screening told be better if 11 demonstrates that Toreltridgl Delve is jut to the 12 it wit open and visible tot police protection and 12 west of the property about 110 feet. 1) visibility and Some other things. So I don't think w 11 The 971 smrtcands this no all sides this the If Read to create 1 don't think our attempt LS to It djacency of the neighborhood thus that 1 "a just 11 create screening, massive screening everywhere in 0411 IS discussing, No particular mmesatlohfloning case is 16 commmnity because 1 think Sometimes that openness is 16 very'' or is adjacent to the Ilan Tract which all of 11 much better security-Viii for people in nefg*Ihoods. 17 you have dealt with including tonight earlier. t 11 m LAGCLBRACNT1 At. Noteral II showed the location of that or the proxlelty of that 19 MR. MUM Question tot Nu. lucek, Is this 19 to the site. It's located to IN Southeast. 20 proposed buffer yard sore reltlictiel than out 20 TM oxisting coditiou of the property are 21 landscape orlinance? And if it is, are we allowed to 21 such that it is rmdeteloped and lusmuMd by 22 include that as a part of I conditiont 21 urdertloped property. The toning map bell 2) MA. 10CM We'll looking it a straight 11 demonstritas that currently vt bare larger 24 coning district. ae're rat dealing with I Detail Plan 24 Single-family Soning districts to the " one the north 25 or PD. So you O,m " landscaping it one of the IS Ida of Ilan, including eh it-if Inning district here lLNAtk a 1001113 rt1RCAPt 21, 1999 34' 11AA IX I fox HIRUAAT 2/,.1999 a ATTACHMENT 3 xs' 10, s~~x up 1344 f p ' sc4bacti 1 • 3o.tf' 1 l 4, sass' I • . E'ti''rt'^3 '13.'7 , tr 35. 'I r ~!,I , µ~rmaorre~o.- -.w~raw ATTACHMENT 4 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DEMON, TEXAS, PROVIDING FOR A CHANGE FROM SINGLE FAMILY (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD SERVICES (NS) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR A.22 ACRE TRACT OF LAND LOCATED AT 615 DALLAS DRIVE, LOCATED ON THE SOUTHEAST CORNER OF CHAMBERS AND CLIFTON WITH FRONTAGE ON DALLAS DRIVE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIO14S THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, D.L. (Chip) Sargent, It,, on behalf of Matthew A. Gohlke, has applied for a change in zoning for a.22 acre tract of land from Single Family (SF-7) zoning district classification and use designation to Neighborhood Services (NS) zoning district classification and use designation; and WHEREAS, on Febiuxy 24, 1999, 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, the 1998 Denton Ptah Policies, and the 1999 Growth Management Strategy; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: t SECTION I. That the zoning district classification and use designation of the ,22 acre wct of land described in the legal description attached hereto and incorporated herein as Exhibit A is changed from Single Family (SF-7) zoning district classification and use designation to Neighborhood Se-viecs (NS) zoning district classification and use designation under the comprehensive zoning ordinance of the city of Denton, Texas, subject to the following conditions: 1. Lighting on the property shall be designed and maintained so m not to shine on, or otherwise disturb, adjoining property or to shine and project upward to prevent the diffusion Into the night sky. 2. There shall be provided a buffer yard along the northern and eastern boundary that is at least 10 feet wide with one (1) canopy tree per 25 linear feet and one (1) understory tree for every canopy tree. There shall also be a privacy screening fence provided in the eastem buffer yard. 3. There shall be provided a screen ',rig hedge along the northern boundary, having an inslallatio't height of 18" or Veatcr, growing to a minimum mature height of 36", and spa,ed no more than 24" apart, edge h+ edge. (f,- 4. Development shall be consistent with the submitted site plan (Exhibit B). SECTION 11. That the City's official zoning map is amended to show the change in zoning district classification. 36. ~ I N t. I u 1 ~ exaanaiwuuoooreanro.+r,o~.r~w~~ SECTION Ill. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense, SECTION IV. That this ordinance shall become effective fourteen (14) days siom the date of its passage, and the City 5ectetary Is hereby directed to cause the caption of this ordinance to be -nblished twice in the Denton Record Chronicle, a daily newspaper published in the City of Denton, 7 exas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of ,1949. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY 1 37, e u EXHIBIT All that certain tract or parcel of land situated in the ALEXANDER HILL SURVEY, ABSTRACT 623, Denton County, Texas, being a part of LOT 1 BLOCK 3 of SIMMONS ADDITION to the City of Denton, as shown by the said PCounty o and # being r more i folly u 3251ePAGE 466* followsi Records of BEGINNING at the Northwest corner of Lot It 83ock3 of Simmons Addition Street with at the the south intersection Boundary line the of a Chambers a yy Stralin eti of Clifton St THENCE East With the South Boundary line of Chambers Street, a distance of 100.0 feet to an iron pin at Northeast corner of Lot 11 THENCE South, a distance of 150 feet to an iron pin at the Southeast corner of U t 11 TEHHCE West, a distance of 66.0 feet to an iron pin at the Southeast corner fTexas tract on April described 30, 19'e9; recorded in VOLUt1E 340# PACE 16otha State of Deed Pecords of Denton County, Texasl THENCE North le' 31' West with the Northeast Right-of-Way of Dallas j Drive, a distance of 10 feet to an iron pin on the East boundary line fi of Clifton Street] THENCE North with the East Boundary line of Clifton Street, a distance of 135 feet to the POINT Or BECINNINO. i r , i i E r i M EXHIBIT B P{fl"Atr S{e~~A1 . zs' sdb6"K to, ~ u p I,1~ 4 lr 1 ' ~ Q~y~}Iar7 R\ 04i~`~M~ 2s' P406141L u/ se#b4, ' t a;~o4~ 1 4 ~ 1 \ 4.~1 s v 3S,e1' 39. i sy c AGENDA INFORMATION SHEET ~ Z 4k AGENDA DATEt April 6,1999 DEPARTNTENTt Planning Department DCMt Rick Svehla, 349.7713 SUBJECT - Release of ET) • 180 acres adjacent to Argyle and Bartonville Consider a resolution of the City of Denton relinquishing approximately 180 acres of land within its extraterritorial jurisdiction to the City of Argyle and the Town of Bartonville so that Argyle and Bartonville may Institute annexation proceedings with respect to such area; and providing an effective date. BACKGROUND • Suhject Property. The subject property is approximately 180 acres located south and west of FM 407 between the City of Argyle and the Town of Bartonville. It is within the ETJ, Division 2, of the City of Denton. Division 2 of the city's ET) is subject to the City's platting authority but with Denton County development standards. • Authority. Section 42.023, Reduction of Extraterritorial Jurisdiction. The extraterritorial jurisdiction of a municipality may not be reduced unless the governing body of the municipality gives its written consent by ordinance or resolution, except in cases of judicial I apportionment of overlapping extraterritorial jurisdictions under Section 42.901, a Previous Council Position ; many years, decades even, the Demon City Council has periodically been approache u release a portion of its ETJ located south and west of FM 407, The Council has consistently maintained that it would release the area from its ETJ j when the city orArgyle and the Town of Bartonville reached agreement on the manner in 1 which the area would be divided between the two communities. • Recent Council Action In the Area, In January, 1999, the Council, at the request of Argyle rnd Bartonville, released approximately 36 acres In this area from its ETJ so that the Town of Bartonville could proceed with annexation. Agreement between the City of Argyle and Town of Bartonvllle. On March 12, 1999, Denton Planning staff received a letter from Yvonne Jenkins, Mayor of Argyle, requesting the release of the subject ETJ pursuant to an Apportionment Agreement recently signed by the City of Argyle and tht Town of Bartonville, The agreement estal,lishes a line between the two communities that apportions the area for future annexation to the respective city. Other Issues. There is some development activity in the area that has expressed a desire for Denton to maintain this area within its ETJ, so that the area would not be subject to the annexation and zoning authority of Argyle or Bartonvilte. V not released from the Denton ETJ (Division 2) the land would be subject to the City's platting If process, but could be developed utilizing Denton County land development requirements and standards, 1, t, i I u I I RECOMMEPIDA OtJ Staff recomirends release of the subject property from the City's ET), finding that the property Is not within the current or projected service delivery area of Denton utilities or services and that potential armexation by Argyle or Wonville is more appropriate If services are warranted. PRIOR ACTION !REVIEW (Council, Boards Commlwtonsl On March 23 , 1999, Council advised stiff to proceed with this item. FISCAL INFORMATION None ArTACHMENT~ 1. Location MV. 2. Apportionment Agreement. 3. Draft Resolution. Respectfully submitted: David Hill Director of Planning and Development Prepared by: rr tit s Mark Donaldson Assistant Director, Planning and Development t, 2. t , V ATTACHMENT 1 a LOCATION MAP Release of ETJ to Argyle 44 I 1 /.4 L 1 Denton``. SSSSS 1 r •7~ nay ~ii 1 pv r JxY~< ! Sub)ect tt}Y±'~~T Property ' 1' A A l. ~ r P~tlnNr I 'r r 1 yrdY i 1 ~ A I t+~ Y. t A r Ir.I l1 }fY1~~t w ~N JI ~IY,F + 15 J , 1 1.~~ i J '1 f -hi ddd . 1 f d r Y ' A ' W ~1 ,RAT ii, FlowerMol,m r 3. t ATTACHMENT 2 STATE OF TEXAS § APPORTIONMENT AGREEMENT COUNTY OF DENTON § { This agreement, entered into this ' f day of March, 1999, by and between the CITY OF ARGYLE (hereafter referred to as "Argyle") and the TOWN OF BARTONYILLE (hereafter referred to as "Bartonville'), both parties beutg Type A General Law Cities and political subdivisions organized end existing under and by virtue of the laws of the state of Texas and acting herein by and through their duly authorized Mayon for the purpose of designating a line of extraterritorial jurisdiction j WHEREAS, the parties hereto are geographically located in proximity to each other in the County of Denton, State of Texas; and WHEREAS, the extraterritorial jurisdiction of the Town of Bartonville and the extraterritorial jurisdiction of the City of Argyle, as eslabGshed by the Municipal Annexation Act, Local Government Code 42,021, overlap; and WHEREAS, it Is to the mutual Advantage and benefit of the parties hereto that Banonville and Argyle mutually agree to designate and apportion a certain boundary line or line of extraterritorial jurisdiction which tine would be mutually contiguous to the corporate limits of both parties and adjacent thereto; and WHEREAS, in effecting such apportionment there has been considered by both parties the population deruitics, patterns of growth, transportation, topography, land utilization and ability to provide service and facilities within the respective municipalities concerned, and within such overlapping and contiguous area; c NOW, THEREFORE, in consideration of their mutual covenants, benefits, and the reliance of each thereon, the parties hereto covenant and agree As follows: A. The line described by the field notes set forth herein and as depicted on the Apportionment Map attached As Exlu'bit "A", shall become the South and East fine of apportionment and the extraterritorial jurisdiction limits for the City of Argyle Affecting all overlapping and contiguous extraterritorial jurisdiction between Argyle and Bartonville, and the extension of the corporate lindts of both if APPORTIONMENT AGREEMENT Page I Of S uwrair.wane auu~ru wmrowatircr~rrer~axr 4. C I i i' BEGINNINO at a point In the north right-of-way line of F.M. 407 and the west right-of- way line of F.M. 1830; THENCE South a distance of 90 feet to a point in the south right-of-way line of F.M. 407; THENCE West with the south right-of-way he of F.M. 407 a distance of 583.8 feet to a point for a comer, said point being the northwest comer of a 5.0 acre tract identified as E Denton County appraisal District (DCAD) Tract 12 in the W. Blaylock Survey A-44, acid point also being the northeast comer of a 10.0 acre tract identifiel as DCAD Tract 11; THENCE South 00' 20' E, a distance of 2,009.43 feet to a point, said point being the southeast comer of a 5.0 acre tract identified as DCAD Tract 29; THENCE N 89' 40' 42" W a distance of 650 36 feet; THENCE S 00' 29' 56" W a distance of 671,19 feet; THENCE N 89' 55'21" W a distance of 651.82 feet; THENCE N 00' 19136" E a distance of 335.94 feet; THENC E N 89' SY 20" W a dish we of 648.09 feet; THENCE S 00' 19'401 W a distance of 336.89 feet; THENCE N 89' 41'50"W a distance of 242,68 feet; THENCE N 00' 37'53"W a distance of 97.74 feet; r THENCE S 89' 43'251 W a distance of 741,93 feet, said point also being the southeast corner of lot 19, Block A, Rolling Acres estates, an addition to the City of Argyle, THENCE S 00' 05'38" E a distana: of 1025.75 feet, said point also being the southeast comer of lot 1, Earl Cochran Addition, to the City of Argyle, and the southeast comer of the S. A. Chambers Survey A•308; THENCE West with the south line of said S.A. Chambers survey A•308, passing at 934 feet more or less, the northwest comer of the S. Uzenby Survey A•767, passing at 2,254 feet, more or less, the northwest comer of the M. Tucker Survey A•1255, continuing for a total distance of 7,630 feet, more or less io a point, said point being at the Intersection of the center ' lines of Frenchtown Road and Jeter Road; APPORI [ONMENT AGREEMENT Page 2 of S ' 5. r u 1 I x THENCE South with the c, ,!erline of Jeter Road, said line also being the west line of the N. Allsup Survey A-3 and (it east Eric of the 0. Cardinal Survey A-216, a distance of 2,802 feel, more of less to a point, said point being the southeast corner of the 0. Cardinas Survey A-216; i THENCE West with the south fine of the 0. Cardinas Survey A-216, said line also being the north line of the P. Wiles Survey A-1339, a distance of 4,261 feet to a point, said point being the northwest comer of a 84.49 acre tract identified as DCAD Tract 1 in the P. Wiles survey A-1339; i THENCE South a distance of 1,988,89 feet to a point, said point being the toutheast corner of a 47.26 acre tract identified as DCAD Tract 3 in the P. Wiles Survey A-1339.- THENCE West with the south line of said 47.26 acre tract a distance of 1095.4 feet to a point, said point being at the southwest comer of said 47.26 acre tract, sold point also being in the west line of the P. Wiles Survey A-1339 and the east line of the F, Thornton Survey A. 1244; THENCE South a distance of 1,4463 feet, more or less, to a point, said point being the southeast comer of the F. Thornton survey A-1244; THENCE West with the south line of the F. Thornton Survey A-1244 a distance of 1,223.4 feet to a point, said point being in the east right-of-way line of U.S. 377, B. Any prior or previous lines of extraterritorial juri.iictior affecting common boundaries, overlapping areas or contiguous ur',.:orporeted areas adjacent and common to said municipalities is hereby deemed null and void and of no further fora or effect, being hereby preempted by the line delineated and described by the field notes set forth herein. C. Pursuant to the execution of this agreement Bartonville and Argyle represent that neither party has previously released the extraterritorial jurisdiction that is being released by each party herein. D. Bartomrille Wets that Argyle shall have the sole exclusive and undisputable right to annex North to and West of the described line, and to that extent relinquishes Its statutory extraterritorial Jurisdiction to Bartort4e so long as this agreement remains in force. E. Argyle agrees that BartonvilIe shall have the sole exclusive and undisputable right to annex South to and East of the described line, and to that extent relinquishes Its statutory L extraterritorial jurisdiction to Bartonville so long as this agreement remains in force. r ' f ~ I APPORT1ONNIEN[ AGREE ENT Page 3 of S lNALdLAM hNENNtiiRJNJaM6K!'01iCMNKYMIaONLflp~f I 6. u 1 t F. A copy of this agreement shall be recorded in the Deed Records of Denton County, Texas, and shall be further available to the public through the undersigned municipalities. 0. Argyle and BartonvilIe shall enact Ordinances dimmexing and/or releasing extraterritorial jurisdiction in the area agreed to be the exclusive annexation jurisdiction of the other pursuant to the agreement contained herein. H. Bartonville hereby releases all present and future claims to annex any and all territory North and West of the described line without the prior written and duly authorized consent of the City Council of Argyle. This release Is forever binding upon the present Town Council and any future Town Councils. I. Argyle hereby releases all present and future claims to annex any and all territory South and East of the described line without the prior written and duly authorized consent of the Town Council of Bartonville. This release is forever binding upon the present City Council and any future City Councils, 1. This agreement may be amended from time to time with the express and duty authorized consent of both parties. K. It will be considered a substantial and material breach of this agreement if the extraterritorial jurisdiction released herein by both parties Is subsequently released to any other person or entity. Both parties retain all legal remedies to contest such a breach IN WITNESS WHEREOF, this agreement hes been "wed the day and year first above written, by the parties hereto through their respective mayors after being dul;, authorised to do to by it valid and binding resolution enacted by the respective governing bodies of both municipalities. Such execution is an official action of the municipalities and Is binding In perpetuity upon their future gu -erning bodies i ,sae yen i ONNB A. X S YOR .0 A9C ITY OF AROYL a - Kx ATTEST; oF~tiBRIE AN, TRMC CITY SECRETARY J' r APPORTIONMENT AORFEMENT rwustaw_rrsuua uartraoe a+erureauewxer 7. C I U i 1 i Wl LEE LAZARUS, M)kYOR TOWN OF BART LE ATTEST: / 10 01 ANNMARIE MOORE, TOWN SECRETARY TOWN OF BARTONVILLE i APPROVED AS TO LEGAL FORM: T L, H RTLINO, ATTORNEY 70 RNEY CI OF ARGYLE TOWN F BARTONVQ.LE 1 APPORTIONMENT AOREEWNT PAP S Of 5 rx~uuax,~-nron+ucuurruuawotineucraraauruat B. S l1 O O ' a+ 314" 4u rrSuNr1% _ a r ~ O rY • , ~ O r boa uo L ~1- IV U a r I 00 un 01401 1 t c; ~ A u,r+~i.d,.nfruu rm~+iM ~ M~irM i ATTACHMENT 3 RESOLUTION NO, A RESOLUTION OF THE CITY OF DENTON RELINQUISHING APPROXIMATELY 180 I ACRES OF LAND WITHIN ITS EXTRATERRITORIAL JURISDICTION (ETJ) TO THE I CITY OF ARGYLE AND TOWN OF BARTONVILLE SO THAT ARGYLE AND BARTONVILLE MAY INSTITUTE ANNEXATION PROCEEDINGS WITH RESPECT TO SUCH AREA; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 43.021 of the Texas Local Government Code, home rule cities are authorized to fix their boundaries and exchange areas with other municipalities; and WHEREAS, pursuant to Section 42.023 of the Texas Local Government Code, the ETJ of a municipality may not be reduced unless the governing body gives its written consent by ordinance or resolution; and WHEREAS, the subject property is beyond the current and projected service delivery area for City of Denton municipal services; and WHEREAS, the City of Argyle and Town of Bartonville have entered into an Apportionment Agreement with regard to the apportionment of ETJ between the two municipalities upon the release of the subject property from the City of Denton ETJ; and WHEREAS, the annexation of the subject property by the City of Argyle and Town of Bartonville will promote orderly development in the area and protect the general health, safety, and welfare of persons residing in and adjacent to the municipalities; and ' WHEREAS, in order to delineate and fix such boundaries, a release of ETJ is necessary on the part of the City of Denton so that the City of Argyle and Town of Bartonville may institute annexation proceedings for the subject property; NOW, THEREFORE, Z THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I, That the recitals as stated above are hereby found and determined to be true and correct. SECTION 11. That the City of Denton hereby releases and relinquishes In favor of the City of Argyle and Town of Bart mille approximately 180 acres within its ETJ located and described mor., fully In Exhibits A and B attached hereto and made a part hereof for all purposes. That the ISO acres is to be apportioned according to the Apportionment Agreement (Exhibit C) t r between the City of Argyle and i'owtt of Bartonville, which is attached hereto and made a part hereof for all purposes, provid'ng the 180 acres shall be within the ET) of the City of Arg,/le and Town of Bartonville, and the City of Argyle and Town of Bartonville may Institute annexation proceedings with respect to sold area. 10 i L' I i ,d oar. w,u Im.AVkA N...Wft SECTION 117. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of .1999• i JACK MILLER, MAYOR I ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTT!Y,, CITY ATTORNEY M 11 I i u i I M EXHIBIT A DESCRIPTION OF SUBJECT PROPERTY All that property currently in the City of Denton Extraterritorial Jurisdiction (Division 2) south u and west of F.M. 407 that Is not currently within the boundaries of the Town of Wonville and the City of Argyle, approximately 182 acres. I I I f I i I I a I A l 1,r ~ ' I r F 12. j a I~ I~ EXHIBIT B LOCATION MAP s Release of ETJ to Argyle c st ~ .c / Denton • ti `I 4 rT a#j ~ ~ y4 Sub Ject Property ~aa r + I t 11 ! ~ it r r. Fni 4 imd r I ` M ' EXHIBIT C STATE OF TEXAS § APPORTIONMENT AGREEMENT COUNTY OF DENTON § This agreement, entered into this L' day of Much, 1999, by and between the CITY OF ARGYLE (hereafter referred to as "Argyle) and the TOWN OF BARTONVILLE (hereafter referred to as "Bartonville), both parties being Type A General Law Cities and political subdivisions organized and existing under and by virtue of the laws of the state of Texas and acting herein by and through their duly authorized Mayors for the purpose of designating a line of extraterritorial jurisdiction. WHEREAS, the parties hereto are geographically located Ir -roxim'ty to each other in the County of Denton, State of Texas; and WHEREAS, the extraterritorial jurisdiction of the Town of Bartonville and the extraterritorial jurisdiction of the City of Argyle, as established by the Municipal Annexation Act, Local Government Code 42.021, overlap; and WHEREAS, It Is to the mutual advantage and benefit of the parties hereto that Bartonvfiie and Argyle mutually agree to designate and apportion a certain boundary line or lure of I extraterritorial jurisdiction which line would be mutually contiguous to the corporate limits of both parties and adjacent thereto; and WHEREAS, in effecting such apportionment there has been considered by both parties the population densities, patterns of growth, transportation, ttpography, land utilization and ability to provide service and facilities within the respective municipalities concerned, and within such overlapping and contiguous area; NOW, THEREFORE, in consideration of their mutual covenants, benefits, and the reliance of each thereon, the parties hereto covenant and Wee as follows: A, The line described by the field notes set forth herein and as depicted on the Apportionment Map attached as Exhibit "A", shill become the South and East line of apportionment and the extraterritorial jurisdiction unfits for the City of Argyle affectinS all overlapping and contiguous extraterritorial jurisdiction between Argyle and Batorwille, and the extension of the corporate limits of both. i e APPORTIONME rr AGREM&W Page 1 of S ruuri~w,wrrrMnruuwmuonroeca+AVaw►~aunmrt 14, r BEGINNING at a point in the north right-of-way line of F.M. 407 and the west right-of- way line of F.M. 1830; THENCE South a distance of 90 feet to a point in the south right-of-way line of F,M, 407; THENCE West with the south right-of-way be of F.M. 407 a distance of 583.8 feet to a point for a comer, said point being the northwest comer of a 5,0 acre tract Idenfliled is Denton County appraisal District (DCAD) Tract 12 In the W, Blaylock Survey A-44, said point also being the northeast corner of a 10.0 acre tract Identified as DCAD Tract 11; THENCE South 00' 20' E, a distance of 2,009.43 feet to a point, said point being the southeast corner of a 5.0 acre tract identified as DCAD Tract 29; THENCE N 89' 40' 42" W a distance of 650.36 feet; i THENCE S 00' 29' 56" W a distance of 671.19 feet; THENCE N 89. 55'23" W a distance of 651.82 feet; THENCE N 00' 19'36" E a distance of 335.94 feet; THENCE N 89' SU 20" W a distance of 648.09 feel; TIiENCE S 00. 19' 40"W a .1istance of 336.89 feet; i THENCE N 89' 41' 50" W a distance of 24268 feel; THENCE N 00.37' S3" W a distance of 97,74 feet; THENCE S 89' 43'23" W a distance of 741,93 fleet, said point also being the southeast corner of lot .9, Block A, Rolling Acres estates, an addition to the City of Argyle, , THENCE S 00.05' 38" E a distance of 1025.75 feet, said point also being the southeast comer of lot 1, Earl Cochran Addition, to the City of Argyle, and the southeast corner of the &A. Chambers Survey A-308; THENCE West with the south Bne of said S.A. Chambers survey A-308, passing at 934 feet more or less, the northwest corner of the S• Lizenby Survey A•767, passing at 2,254 feet, more or less, the northwest comer of the M. Tucker Survey A-1253, continuing for a total distance of 7,630 feet, more or less to a point, said point beW at the Intersection of the center lines of Frenchtown Road and Teter Rood; APPORTIONMENT At1REEmwr page 2 of S ewuruw vrdvMOnuwearu on eaam~~ca v►wow~mrt 15. r c, THENCE South with the centerline of leter Road, said be also being the west be of the ` N. ABsup Survey A-3 and the east line of the a. Cardinal Survey A-216, a distance of 2,802 feet, more of less to a poirrt, said point being the southeast corner of the a. Cardinal Survey A-216; THENCE West with the south be of the Q. Cardinas Survey A-216, said line also being the north line of the P. Wiles Survey A-1339, a distance of 4,261 feet to a point, said point being the northwest comer of a 84.49 acre tract identified as DCAD Tract 1 In the P. Wiles survey A-1339; THENCE South a distance of 1,988.89 feet to a point, said point being the southeast comer of a 47.26 acre tract identified as DCAD Tract 3 in the P. Wiles Survey A-1339; THENCE Wsst with the south Be of said 47.26 acre tract a distance of 1093.4 feet to a point, said point being at the southwest corner of said 47.26 acre tract, said point also being in the west lime of the P. Wiles Survey A-1339 and the east line of the F. Thornton Survey A- 1244; THENCE South a distance of 1,446.3 feet, mono or less, to a point, said point being the southeast corner of the F. nomtoa survey A-1244; THENCE West with the south line of the F. Thornton Survey A-1244 a distance of I 1,223A feet to a point, said point being in the east right-of-way line of U.S. 377, B. Any prior or previous lines of extraterritorial jurisdictlon affecting common boundaries, overlapping areas or contiguous unincorporated areas adjacent and common to said municipalities is hereby deemed null and void and of no further force or effect, being hereby preem?ted by the line delineated and described by the field notes s^t forth herein. C. Pursuant to the execution of this agreement Banonville and Argyle represent that neither party has previously released the extraterritorial jurisdiction that is being released by each party herein, D. Bartoriville area that Argyle shall have the sole exclusive and undisputable right to annex North to and West of the described line, and to that extent relinquishes its statutory extraterritorial jurisdiction to Bartonville so long as this agreement remains In force. E. Argyle egrets that Barionville shall have the sole exclusive and undisputable right to annex South to and East of the described line, sad to that extent relinquishes its statutory extraterritorial jurisdiction to Bartonville so long as this agreement remains in force. APPORTIORWM AM MgM7 Page 3 of S wMruw_ti~vortenu wsauaanuaoeiu~crwraaunaaa i6. I i f c F. A copy of this agreement shall be recorded In the Deed Records of Denton County, Texas, and shall be further available to the public through the undersigned municipalities. 0. Argyle and Badonville span enact Ordinances disannexing and/or releasing extraterritorial jurisdiction in the area agreed to be the exclusive annexation jurisdiction of the other pursuant to the agreement contdned herein. K. Bartomrille hereby releases en present and future claims to annex any and all teritory North and West of the described line without the prior written and duly authorized consent fthe City Council of Argyle , I his release is forever binding upon the present Town Council oral any future Tower Councils. 1. Argyle hereby releases all present and future claims to annex any and all territory South and East of the described line without the prior written and duly authorized consent of the Town Council of Bartonville. This release is forever bint'.ing upon the present City Council and any future City Councils, 1. This agreement may be amended >gom time to time with the express and duly authorized consent of both parties. K. It will be considered a substantial and material breach of this agreement if the extraterritorial jurisdiction released herein by both parties is subsequently released to any other person or entity. Both parties ietain all legal remedies to contest such a breach. IN WITNESS WHEREOF, this agreement has been executed the day and year first above written, by the parties hereto through their respective mayors after being duly authorized to do so by a valid and binding resolution enacted by the respective governing bodies of ooth municipalities. Such execution Is an official action of the municipalities and Is binding in perpetuity upon their future governing bodies. eLMMdiINbf, ONNE A. JE S MAYOR ' Q F A9G ITY OF AROYL `'~'(5eal h ~rt ATTLST: ~ k ' 0~BBIE AN, TRMC CITY SECRETARY , APPORTloNmEin AGMMcMr Page 4 o!S uwrL~x,xrmrtrorsa core uartraoau+ee~+reaunmrt 1i. cI h lGl LEE LAZARUS, M)kYOR . TOWN OF BART ALLE ATT'EST' / 4rv Tt~I'O' ANNMARIE o o j i MOORS, TOWN SECRETARY TOWN OF BARTONVILLE APPROVED AS TO LEGAL FORM: T BTWY L. HAERTLINO, ATTORNEY 10 ORNEY CI OF AROYLE TOWN 13F BARTONMLE 1 y. APPORTIONbQiNT AGREL'YMNT - Pip S of J 18. i 1 t 1 M , I f i -:6"LLVI ❑ ❑ V •ii. ' Mu 1 3.14" a r doo•'. Uo 0 I~.• 3 II ~ U_ I„ ILLUL-A 14"1"1 1 1 19. r i Aptatde No Dab * AGENDA INFORMATION SHEET AGENDA DATE: ApH16,1999 DEPARTMENT: Planning Department / Inspections Division CNIMCMIA01: Rick Svehla i I I I SUBJECT: An ordinance amending Article IV of Chapter 28 of the Code of Ordinances of the City of Denton, Texas {"Plurroing Code)" by repealing the 1985 Uniform Plumbing Code with certain amendments providing for the adoption of the 1997 Uniform Plumbing Code with certain deletions and amendment; providing for a severability clause; providing a savings clause; providing for a penalty in the amount of S2000.00 for violations thereof; and providing for an effective date. f1ACKGROUND: Building Inspection staff along with the Plumbing and Mechanical Code Board have reviewed and recommend for adoption the 1997 Uniform Plumbir.. Code with local amendments. The International Association of Plumbing and Mechanical Officials published an j updated mechanical code every three years. The 1997 version is tha latest publication and 1 varies little from the previous code. The City of Dcnton currently utilizes the 1985 Uniform Plumbing Code with amendments. Denton remains the only city In the metroplex utilizing this outdated code. The 1997 Uniform Plumbing Code reflects changes that have occurred within the industry including new products and installation methods. The impact on the plumbing Industry will be minimal since staff has acknowledged these changes and allowed alternate methods and materials to be utilized that comply with current standards. The 1983 Plumbing Code contains language that empowers staff to allow these new materials and methods provided the administrative authority first approves them. Reviewing alternate methods and materials not recognized by the 1983 Uniform Plumbing Code has caused unnecessary delays for staff, design professionals and contractors. With the adoption of the 1997 Uniform Plumbing Code these types of delays will ba eliminated. With the exception of one proposed amendment the changes in the code will have no r significant Impact. The amendment that involves the greatest Impact Is In regards to the sizing of grease interceptors for food establishments. Grease interceptors are installed to prevent grease and food products from entering both the private and public sewer systems. Currently the City of Denton has no minimal design standards for these I i i ` i. k interceptors. Many smaller food establishments have historically installed the smallest interceptor possible, a 40-gallon interceptor. These interceptors are normally installed under the three-compartment sink and provide little if no resistance to the flow of grease or food products. There are two fundamental problems with these small interceptors: 1) The size of the interceptor does not allow a cooling period for the grease to congeal and remain in the interceptor. The discharge water is of a high enough temperature that the grease remains in a liquid form and is not trapped In the device. 2) When the interceptor is located far enough from the sinks the water cools and allows the interceptors to function minimally. However, due to their small size th°se interceptors fill in a short period of time and ultimately prevent the ;Inks from draining. To prevent this problem many establishments disconnect these devices from the system. Both the Plumbing and Mechanical Code Board and staff are proposing minimal grease interceptor sizes for food establishments. Prior to making any recommendations to the board, staff surveyed area cities for their minimal interceptor requirements. All the cities surveyed had similar sizing requirements to what is being proposed. The proposed requirements are as follows; heavy Food Preparation: shall mean any area in which foods are prepared utilizing a grill, griddle, deep-fat fryer, commercial ovens, and or any similar food preparation equipment; or any area subject to flooding type or wet cleaning procedures due to the culling or processing of meat, poultry, fish or pork. Heavy food preparation includes but is not limited to cafeterias, fast food restaurants, full service restaurants, pizra preparation, donut preparation, meat and fish markets, (etcetera), AmWmum 1000 g la Ion grease interceptor Is r ed for heavy food praparation establishments. Light Food PrCparation: shall mean any area in which foods are prepared exclusive of the use of fryers, grills or similar equipment, Light food preparation Is usually limited to the preparation of hot dogs, sandwiches, salads, or other similar foods and fountain-type cold drinks, Light food preparation includes, but is not limited to, sandwich shops, limited menu concession stands, (ct cetera). A minimum 200 gallon g er ase intercegor is regulred jor a light food Reparation establishment. No Food Preparation: shall mean any area in which foods ue provided pre-wrapped, from an approved source, with microwave oven type heating being the maximum handling Involved. No food preparation is limted to pre-packaged sandwiches or similar foods, candies and containerized beverages. A grease tnterceplor is not reaulrr_d for a nA) food DleRatailon cstablishnrcnla. , Unlike the 40-gallon Interceptor that has been commonly utilized, the 1000 and 200 gallon interceptors are designed to be installed outside the building in the ground, 2 C u All of the recent new food establishments have either met or exceeded these proposed requirements. OPTIONS: 1) Approve the adoption the 1997 Uniform Plumbing Code as amended locally, 2) Disapprove the adoption of the 1997 Uniform Plumbing Code as amended locally. RECOMMENDATION: Staff i ecommends that Section 28.27 of Article IV of Chapter 28 of the Code of Ordinances of the City of Denton, Texas be amended to provide for the adoption of the 1997 Uniform Plumbing Code. PRIOR ACTIONIREVIE On September 25,1998 the Plumbing and Mechanical Code Board unanimously recommended for approval of the 1997 Uniform Plumbing Code. FISCAL INFORMATION, None Respectfully submitted, D vid M, hill r Director of Planning do Development Prcpa cd by, Greg M' e1 r Buildin Official r ' 3 i I t i I F:4hered4eptUAVUw Doeum W&dinwn %970dbrrn Plumbing Code Ordine edm ' 4 ORDINANCE NO. AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, ("PLUMBING CODE') BY REPEALING THE 1985 UNIFORM PLUMBING CODE WITH CERTAIN AMENDMENTS AND PROVIDING FOR THE ADOPTION OF THE 1997 UNIFORM PLUMBING CODE WITH CERTAIN DELETIONS AND AMENDMENTS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE AMOUNT OF $2000.00 FOR VIOLATIONS THEREOF; AND PROVIDINO FOR AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Secti •7 28.144 of Article IV of Chapter 28 of the Code of Ordinances of the City of Denton, Texas, is hereby amended to read as follows: See. 28.144. Adoption of plumbing code. The 1997 Uniform Plumbing Code, and appendices A through L thereto, as published by The International Association of Plumbing and Mechanical Officials, a copy of which shall be filed with the office of the City Secretary and available for public inspection, is hereby adopted and designated as the plumbing code of the city, the same as though that edition of such code were copied at length herein, subject to the deletions and amendments enumerated in Section 28• 145. SECTION 11. That Section 28.145 of Article IV of Chapter 28 of the Code of Ordinances of the City of Denton is hereby amended to read as follows. See. 28-145. Deletions and Amendments. The following Sections of the plumbing code adopted by Section 28.144 are amended to read as Indicated below: (l) 1014.1, PErmil Fees. 103.4.1 Is amended to read as follows: The applicant shall submit the applicable permit fee as set forth by City Council by separate or.Jnance, available for public Inspection at the offices of the Building Official and the City Secretary. (2) Table 1 1, Plumbing Permit Fees. Table 1.1 is deleted. (3) Section 405,:!. Connections, Section 403.2 is deleted ? . (4) Section !143. Sc; tion 514.1 shall be amended to read as follows: t !r t ' r 4 i t r Connectors used for gas water heaters having draft hoods may be constructed of noncombustible materials having resistance to corrosion not less than that of galvanized sheet steel and shall be of Type 0 or Type L vent material, (5) Section 514,2, Section 514.2 shall be deleted (6) Section 514.3. Section 514.3 shall be deleted (7) Section 5165. Section 516,5 shall be deleted (8) Section 603,4.4. Heat fxchangere. Section 603.4.4 is amended by adding a paragraph 603.4.4.3 to read as follows: It shall be unlawful for any person to cornect or allow a heat exchanger to remain connected to any potable water system if the heat exchanger returns water to the public or private water system. (9) Section 604. 1, Section 604.1 shall be amended to read as follows: Wale. pipe and fittings shall be brass, copper, cast iron, galvanized malleable iron, galvanized wrought iron or galvanized steel. Schedule 40 PNT and AWWA 0900 piping having the national Sanitation Pound3tion seal followed by the letters "PW' may be used for cold water distribution systems outside of buildings. Ali materials used in the water supply system, except valves and similar devices, shall be of a like material, except where otherwise approved by the building official. (10) Section 603,5, Section 6083 shall be amended to read as follows: Relief valves located inside a building shall be provided w:th a drain not smaller than the relief valve outlet, of galvanized steel, or hard drawn copper piping and ratings, and shall extend from the valve to the outside of the building, not less that three (3) feet to any paved surface, with the end of the pipe not more than two (2) feet nor less than six (6) inches above ground and pointing downward. Such drains may terminate at other locations when approved by he administrative authority. No part of such drain pipe shall be trapped and the terminal end of the drain shall not be threaded. (11) Section 612, Shur-Off Valve, Section 612 shall be amended by adding the following paragraph to read as follows, A shit off valve shalt be Installed in an approved box located rdjacent to each r building. The shut off va've shall not be placed in any paved area and may not be A located in the public right-of--way, (12) Section 719.1, Section 719,1 shall be amended to read as follows: S r c j Cleanouts shall be placed inside the building near the connection between the building drain and the building sewer or installed outside the building at the lower end of the building drain and extended to grade. One (1) additional cleanout shall be installed at the property line and connected to the building sewer in such a manner that it will facilitate downstream access of the soil or wve, (13) Section 1014.1. Section 1014.1 shall be amended by adding the following paragraphs to read as follows. Minimum construction standards for food service establishments are required when: I. A new building is constructed and occupied. 2. Prior to the issuance of a Certificate of Occupancy for an existing building which has not been previously used as a food service establishment within the last six (6) months. I iS1n Food Preparation: shall mean any area in which foods are prepared utilizing a grill, griddle, deep-fat fryer, commercial type ovens, and/or any similar food preparation equipment; or any area subject to flooding type or wet cleaning procedures due to the cutting or processing of meat, poultry, fish or pork. Heavy food preparation Includes but is not limited to: cafeterias, fast food restaurants, full service restaurants, pizza preparation, donut preparation, meat and fish markets, (et cetera). A minimum 5000 gallon grease interceptor is required for a heavy food preparation establishments. Lfaht Food Preparation: shall mean any area in which foods are prepared exclusive of the use of fryers, grills, or other similar equipment. Light food preparation is usually limited to the preparation of hot dogs, sandwiches, salads, or other similar foods and fountalmype cold drinks. Light food preparation includes, but is not limited to, sandwich shops, limited menu concession stands, (et cetera), A minimum AV gallon grease interceptor is required for a light food preparation establishments. No Food Preparation: shall mean any area In which ' foods are provided prewrapptd, from an approved source, with microwave oven type heating being the maximum handling involved. No food preparation is limited to pre-packaged sandwiches or similar foods, candies and containerized beverages, A grease interceptor Is not required for a no food preparation establishments. f (14) Section 1014.4. Section 1014.4 shall be amended by deleting paragraphs one and two In their entirety, J~ ~ A (15) Table 10-2. Table 10-2 is deleted If (16) Section 12061 Section 1206.3 is amended by adding the fallowing paragraph to read as follows: 6 l I M I f 4 It shall be unlawful for the gas service to be turned on in any building which has been damaged by fire without first obtaining a plumbing permit and testing the gas piping in accordance with this code. SECTION 11[. That if any provision of this ordinance or the application thereof to any person or circumstance Is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION W. That all provisions of the ordinances of the City of Denton In conflict j with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Denton, not in conflict with the provisions of this ordinance, shall remain in full force and effect. SECTION V. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not to exceed two thousand dollars ($2000.00). Each day that a provision of this Ordinance is violated shall constitute a separate and distinct offense. SECTION VI. That this ordinance shall become effective fourteen (14) days from the date of its passage, attd 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 , 1999. JACK MILLER, MAYOR ATTES'r: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM; 14ERBERT L. PROUTY, CITY ATTORNEY BY: C I i 4+ A j ~ f 4 7 r. c, C(q-014 AOsttdta AGENDA INFORMATION SHEET AGENDA DATE: Apri16,1999 DEPARTMENT: Planning Department /Code Enforcement Division CM/DCM/ACM: Rick Svehla V SUBJECT: An ordinance amending Article V of Chapter 28 of the Code of Ordinances of the City of Denton, Texas by repealing the 1994 edition of the Uniform Mechanical Code to provide for the adoption of the 1997 Uniform Mechanical Cod) with certain amendments; providing for a severability clause; providing a savings clause; providing for a penalty in the amount of $2006,00 for violations thereof; and providing for an effective date. BACKGROUND: Building Inspection staff along with the Plumbing and Mechanical Code Board have reviewed and recomrnend for adoption the 1997 Uniform Mechanical Code with local amendments. The frntemational Association of Plumbing and Mechanical Officials publishes an updated mechanical code every three years. The 1997 version Is the latest edition and varies little fruut the previous code. OPTIONS: l) Approve the adoption of the 1997 Uniform Mechanical Code as amended locally, 2) Disapprove the adoption of the 1997 Uniform Mechanical Code as amended locally, jFCOMMENDATION: Staff recommends that Article V of Chapter 28 of the Code of Ordinances of the city of Dcnion, Texas be amended to provide for the adoption of the 1997 Uniform Mechanical Code as amended. PRIOR ACTION / REVIEW: On September 23, 1998 the Plumbing and Mechanical Code Board unanimously recommended for approval the 1997 Uniform Mechanical Code as amended. I C U FISCAL IMPAC None Respectfully submin M. Hill Director of Planning & Development Prepared by; Greg 'tch l Build g Ofr:ciai i I 1 r ORDINANCE NO. AN ORDINANCE AMENDING ARTICLE V OF CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY REPEALING THE 1994 EDITION OF THE UNIFORM MECHANICAL CODE TO PROVIDE FOR THE ADOPTION OF THE IW UNIFORM MECHANICAL CODE WITH CERTAIN AMENDMENTS; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE AMOUNT OF S2000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Section 28.251 of Article V of Chapter 18 of the Code of Ordinances of the City of Denton, Texas, is hereby amended to read as follows: Sec 18.151, Adopted. The Uniform Mechanical Code, 1991 Edition, together with Appendix C thereto, as published by the International Association of Plumbing and Mechanical Officials, is hereby adopted and designated as the mechanical code of the city, the same as though that edition of such code were copied at length herein, subject to the deletions and amendments enumerated in section 28-252. A copy of such code and appendix shall be maintained in the office of the city secretary. SECTION Ii. That Section 28.252 of Article V of Chapter 28 of the Code of Ordinances of the City of Denton is hereby amended to read as follows: Sec. 18-152. Amendments. The Uniform Mechanical Code, 1997 Edition, adopted in section 28.251, is hereby amended in the following respects: (1) Section 110.1, Board ojAppeals. Section 110.1 is amended to read as follows: In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretations of this code, the plumbing and mechanical board, as established and described in section 28-271 et scq, of the Code of Ordinances is created, (2) Section 1122, Erempt 'f'ork. Sectior 112.2 is amended by adding subsection 112.2.6 to read as foilo 1s: t, - 6. Only a building permit shall x required for each new one and two family dwelling and for each new multifamily dwelling, (3) Section 115.3, Plan Rnicst Fees. Section 1153 is deleted. 3 t c 4 (4) Section 117.2, Temporary Connections. Section 117.2 Temporary Connections is amended to read as follows: The Building Official may authorize mporary connection of the mechanical equipment to the source of energy or furl for the purpose of testing equipment or for the temporary use for a period of time not to exceed sixty (60) days, provided such energy-fuel system meets the requirements of the plumbing or electrical code, whichever is applicable, regarding safety. (5) Table No. 1-1, Alechanical Permit Fees. Table No. 1.1, Mechanical Permit Fees, is amended to read as follows: The applicant shall submit the applicable mechanical permit fees, as set forth by City Council by separate ordinance and, available for public inspection at the offices of the Building Official and the City Secretary, with his/her application for permit. (6) Section 303.1, Tjpe of Fuel and Fuel Connections - General. Section 303.1 is amended by changing the first paragraph to read as foIIows- Each appliance shall be designed for use with the type of fuel to which it will be connected. Appliances shall not be converted from the fuel specified on the ratirs plate for use with a different fuel unless the converted appliance is properly relabeled and the conversion is made as recommended by the manufacturer of the original equipment or the conversion equipment. (7) Section 509.1, Where Required. Section 509.1 is amended by adding a second paragraph to read as follows: The above requirements shall not apply to domestic-type cooking equipment located in day care facilities, churches, employee lunchrooms or similar uses which are no more hazardous than facilities in an individual unit. (8) Section 6023, General. Section 602.1 is amended by adding the following sentence to the first paragraph: P.V.C„ A.B.S., and Fiberglass duct may be used if installed according to manufacturers s,~ccifications. r (9) Section 801.0. General, Section 801,0 shall be amended by deleting he last , sentence in paragraph 6. (10) Section 9163, Um, Section 9163 is amended by adding the following exception: h Exception. Unvented fireplaces w1tich comply with ANSI 7.21.11.2, are AQA approved, are equipped with Oxygen Depletion Safety Shutoff System, and approved for installation may be used. SECTION 111. That if any provision of this ordinance or the applicaticrt thereof to any person or circumstances is held invalid, such invalidity shall ne. affect other provisions or applications, and to this end the provisions of this ordinance are severable. i SECTION IV. That all provisions of the ordinances of the City of Denton in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Denton, not in conflict with the provisions of this ordinance, shall remain in full force and effect. SECTION V. That any petwn violating any provision of this ordinance shall, upon conviction, be fined a sum not to exceed two thousand dollars (S2000.00). Each day that a provision of this Ordinance is violated shall constitute a separate and di.drict offense. SSA ION VI. That this ordinance shall become effective fourteen (14) Jays 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 , 1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LE JAL FORM: t' HERBEIT L. PROUTY, CITY ATTORNEY BY: A x1.s: C' 3e 'r, t I AVAW AGENDA INFORMATION SHEET ACF.NDA DATE: Apri16, 1999 DEPARTMENT: Central Government CM: Michael W. Jez, City Manager SUBJECT; Consider approval of an ordinance amending Chapter 9 "Cable Television' of the Code of Ordinances of the city of Denton by providing that no multichannel video system may be constructed without first obtaining a franchise from the city of Denton and that multichannel video service cannot be provided without such a franchise; providing a fine not to exceed $500.00 for r,ny violation; providing a savings clause; providing a severabilhy clause; providing an open n„etings clause; and providing an effective date. BACKGROUND; I On March 1, 1999, the city received a copy of a filing that CoServ made to the Federal Communications Commission (FCC) to becertified as an Open Video System (OVS) provider in 19 north'Fexas cities, including Denton, and Lubbock. Affected cities had five days from the date of the filing to file comments with the FCC. Th: cities of Carrollton, Dallas, Fort Worth, Plano and Denton, through John Pestle and Peter Armstrong of Vamum, Riddering, Schmidt & 1iowIctt LLP, filed comments opposing the CoServ application. Shortly thereafter, CoServ withdrew their s, plication. They withdrew without prejudice, which means that they could reapply for OVS certification at any time. CoServ has been reported to have told the city of Carrollton that they intend to reapply shortly. OVS is a type of hybrid cable system that was envisioned by Congress as a way for (primarily) telephone companies to enter the cable television market. OVS providers are subject to less regulation than traditional cable companice in exchange for making up to two-thirds of their channels available to other providers of cable programming. The FCC rules for OVS, issued in , August 1996, are being challenged in the courts by cities, the Na!;onal Association of 'telecommunications Officers and Advisors, and the Natioral Cable Television Association, among others. The challenge to the FCC rules is currently on appeal. Among the items being challenged are restrictions on municipal franchising and control of rights-of-way. -I- r The FCC's 1996 OVS rules contained a requirement that an entity be certified as an OVS operator prior to starting the construction of an OVS system where new facilities were needed to provide service. The Fifth Circuit struck down this requirement in its decision on the validity k of the OVS rules, such that now an OVS certification only is necessary prior to starting to II provide OVS service. CoServ or other potential multichannel video providers may not like the long time it takes to obtain a franchise for cable service. It is possible, therefore, that CoServ is attempting to use the Fifth Circuit decision to build a cable system under its telephone franchise (all the while claiming it is an OVS system). Later they may apply for a cable franchise. But with their cable system already built, the city's ability to impose appropriate conditions may be inappropriately limited, for example: • Because the system is already built, CoServ or other potential multichannel video providers could argue that they cannot be required to provide universal service, or service outside the area they have "cherry-picked." a This is a major concern, because we can envision stating that although universal service may not be required, CoServ or other potential multichannel video providers cannot just cherry pick the mood lucrative areas and leave the dregs to the incumbent cable operator-otherwise cable service to all residents might be slowly cannibalized, We may well want to require CoServ or other potential multichannel video providers to provide service outside the lucrative areas (subdivisions) which they wish to serve, in order to provide some parity of obligations between providers. • Redlining is a similar, related concern. a CoServ or other potential multichannel video providers may not be able to provide a sufficient number of PEG channels. • CoServ or other poter tial multichannel video providers may argue that they cannot be required to build an I-NET (municipal telecommunications for the city) or can only be required to build one at substantial cost, because the cable system is already built (an 1-NET is inexpensive if built at the time of cable system installation, but expensive to retrofit). • PEG channel signal quality and operations may be degraded because CoServ or other potential multichannel video providers may not have built fiber optic lines to the places necessary to pick up PEG channels. , • Outages may be excessive, because the system was not built with adequate backup power supplies. .Z. f I The attached ordinance prevents a cable system, OVS system, )entertainment Connections, Inc. (EClySouthwestem Bell Video Services System or other multichannel video service system from either being constructed or from providing service in the city without first obtaining a franchise, ECI/Southwestem Bell Video Services-type systems are cable-type systems where the lines in the rights-of-way are leased from a telephone company and the providers claim (and the FCC has ruled once and the District Court in Austin has ruled once) that the company need not obtain a cable franchise or pay cable franchise fees. OPTIONS: 1. Approve ordinance as provided. 2. Approve ordinance with modifications. 3. Do not oPlrove ordinance RECOM- NZ MON: [ Staff recommends Option #1, approval of the ordinance as provided. PRIOR ACTIONMEMW (Councils Boards Commissional: None FISCAL INFORMATION: None FEXXf IIBITS: 1, Ordinance Respectfully submitted: is ael W 1'et City Mana er R.cpared by: Richard Fostcr Public Information Officer PIUMyende jtc9,KSI16.99CshkTeln IsImMulikhmml die -3- I t' C i t Y+ I I ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 8 "CABLE TELEVISION" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON BY PROVIDINO THAT NO MULTICHANNEL VIDEO SYSTEM MAY BE CONSTRUCTED WITHOUT FIRST f11)TAINING A FRAN- CHISE FROM THE CITY OF DENTON AND THAT MULTICHANI,'EL VIDEO SERVICE CANNOT BE PROVIDED WITHOUT SUCH A FRANCHISE; PROVIDING A FINE NOT TO EXCEED S500.00 FOR ANY VIOLATION; PROVIDING A SAVINGS CLAUSE; PROVID- ING A SEVERABILITY CLAiISE; PROVIDING AN OPEN MEETINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, CoServ, which currently has a telecommunications franchise with the City of Denton, as granted by Ordinance No. 98.155, has made application to the Federal Communi- cations Commission to obtain open video system (OVS'7 certification, which might allow it to claim that it could construct an OVS system or cable television system without having to obtain a franchise; and i~ WHEREAS, the City Council deems it in the public interest to pass an ordinance which regulates OVS and other multichannel video systems and which requires anyone providing such service to obtain a franchise from the City before initiating construction or providing such serv- ice; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I, That Chapter 8 "Cable Television" of the Code of Ordinances of the City of Denton is hereby amended by creating new Sections 8.164 through 8-167, which shall hereafter read as follows: Sec.9-164. Franchise required for multichannel video providers. All multi-channel video providers shall obtain a franchise from the City prior to provid- ing service to any resident, business, or person within the City, and shall have a franchise in full force and effect at all times while such service is being provided. See. 8.165, Multichannel video provider defined. "Multichannel video provider" means a person or entity who meets one or more of the following tests: (a) The provider is a cable operator, as such rerm is defined in the Federal Cable Act, being Title Vi of the Federal Communications Act of 1934, 47 U.S.C. Sections $21 and rollow mg, or is otherwise required to obtain a' iranchise", as such term is defined in such Act, (b) The provider is an operator of an open video system, as such term is defined in Title VI of the Federal Communications Act of 1934 and implementing regulations. 4 r c " i (c) Any person or entity who provides multichannel video service to a resident, business, or person within the City, where such service is transmitted in whole or in part via wires or lines that are in or cross any public rights-of-way or other public property of the City. The preceding sentence shall apply whether the provider owns, leases, or otherwise ob- tains the right to use such wires or lines, including wires or lines of a telecommunications provider used pursuant to tariff or otherwise for such purpose. (d) Any person or entity who provides multichannel video service who is otherwise re- quired to obtain a franchise or similar agreement under the City Charter or applicable state or federal law. Sec. fl-166. Franchise required for eonstrrtcrloo. No person may construct a multichannel video system in the City without first obtaining from the City a franchise authorizing the construction of such a system. Sec. 8-167. Definitions. For the purpose of this ordinance: (a) "Multichannel video service" means multiple channels of video programming wb:re some or all of the video programming is generally considered comparable to program- ming provided by a television broadcast station or by a direct to home satellite service. (b) "Multichannel video system' includes: (1) A cable system, as such term is defined in Title VI of the Federal Communi- cations Act of 1934, (2) An open video system, as such term is defined in Title VI of the Federal Communications Act of 1934 aid implementing regulations, and (3) Any other system which provides multichannel video service to a resident, business, or person within the City, where such service is transmitted I,, whole or in part via wires or lines that are in or cross any public rights-of-way or other public property of the City. The preceding sentence shalt apply whether the pro- eider owns, leases, or otherwise obtains the right to use such wires or lines, in- cluding wires or lines of a telecommunications provider used pursuant to tariff or otherwise for such purpose, (c) "Cot struct" as •ised herein includes: ' t (l) The installation of lines, fibers, facilities that are in or cross any of the streets, highways, or public rights-of-way or other public property within the City for use as part of a -nultichannel video system, or 5 ` t t F r t (2) The connection of other facilities directly or indirectly to previously existing lines, fibers, or facilities that are In or cross any of the streets, highways, public rights-of-way, or other public property of the City for use as part of a muldchan- nel video system. SECTION 11. That any person violating any provision of this ordinance shall, upon con- viction, be fined a sum not exceeding $500.00. Each day that a provision of this ordinance Is violated shall constitute a separate and distinct offense. g"CTION Ili. That save and except as amended hereby, all the sections, sentences, clauses, and phrases of Chapter 8 of the Code of Ordinances of the City of Denton shall remain in full force and effect SLCTrON 1V• 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, and the City Council of the City of Denton, Texas hereby declarry it would have enacted such remaining portions despite any such validity. SECTION V. That the City Council has found and determined that the meeting at which this ordinance is considered is open to the public and that notice thereof was given in accordance with provisions of the Texas open meetings law, Tex. Gov't Code ch. 531, as amended, and that a quorum of the City Council was present. SECTION VI. That this oidinanee shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of .1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY. CITY ATTORNEY r I + .'/Vwgz~k BY: ` C f f ! APIN Rp,_ - D 1 Ap *b i. AGENDA INFORMATION SHEET AGENDA DATE: April 6, 1999 DEPARTMENT: Economic Development ACM: Kathy DuBose, Assistant City Manager, Fiscal rnd Municipals Services SUBJECT An ordinance of the City of Denton authorizing the City Manager to execute on behalf of the City of Denton an acceptance of an offer from the Texas Department of Transportation relating to a grant for Routine Airport Maintenance Program,, and declaring an effective date (TxDOT Project No. RAMP9DNTON; and TxDOT CSJ No. M918DNTON). BACKGROUND On February 18, 1997 the city of Denton entered into an agreement with the Texas Departmeut of Transportation, Aviation Division known as the Routine Airport Maintenance Program (RAMP). The RAMP grant provides for a filly percent (506/0) state- funding match with the local government. The grant was increased in August of 1998 by S 10,00 and is capped at $20,000 of state assistance, This is an increase of 510,000 over the 1997 and 1998 RAMP grants. The Denton Municipal Airport currently has 510,000 in matching funds for a total of $20,000 to be applied toward maintenance projects. Airport Staff has identified two potential pavement maintenance projects that can be completed with this grant. ESTIMATED SCHEDULE OF PROJECT TxDOT is requesting two signed agreements to be returned expeditiously. The State must approve its share of funding prior to the start of the projects. It is estimated that all projects will be completed by September 1999. PRIOR ACTION,REYlE The City Attorney's Office has reviewed and approved this ordinance. Airport Advisory 4 Board recommends approval of this agreement. FISCAL INFORMATION 4 The City's filly percent (501X%) match of $20,000 is 510,000. Funds have been authorized for the RAMP grant in the 1998.99 Airport Budget, The State will provide an additional 1 i L 4 ' _ I .l , S 10,000 for a total of $20,000 in State funding if the City of Denton provides additional j matching funds. EXHIBITS Ordinance TxDOT Grant Agreement CSI AM i SDNTON Respectfull? submitted: t Linda Ratliff, Director Economic Development Depar'anent ~ Pr ed by: ar Nelson Airport Manager I i a i I l 2 { ORDINANCE NO. AN ORDINANCE OF 111E C11Y OF DENTON AU1I[ORIZINO TIIE CIIY MANAGER TO EXECU19 ON BEHALF Of v IF 61Y OF DENION AN ACCEPTANCR OF AN OFFER FROM 1115 1EXAS DEIIARIMENT OF 1RANSPORTAIION RELAIINU TO A ORJINT FOR ROUIINR AIRFORT MIUNIENANCS PROUWI; AND DECLARING AN EFF cuvrs DATE (TxDOT rrojecl No.: RAMP9DNION. AND TxDOF CS) No.: A491 RDN10N). , THBCOUNCILOFTlircii'vorD Ntt►NI1ERV)YOR.DAWS: SECTION 1. that the City Mntrngcr of the City of Dminn is,hereby autledzed to exectde on belitifi of the City of Lknton an acaplonce of a+t offer Ram dra Tema Deparlmenl of 1'tanspotletiotl relating to a gtnnt for routine alryrrl maintenance program, a copy of such gtud being ottacbed hereto end made a pact lie, cur rot oti putltoscs. SECT ION 11. Mat tills Ordinance 511811 lrcenrlie dfccdve Itnritediately t' ml its Passage utd apfirml. PASSED ANDAFPROVED Ibis I fie dad Of.v , Ift A11p9f: JENOWER WATT ERS• CII Y SEC:R,EI ARV nv: APrROVED AS TO LEUAL FbRM I I E Rii ER I I,. PRUU'f 1', C1 r 1' A r , t:>RNES' i c 1 r i-EXAS DEP1.1t1 MEN F OT TRANSPOIiTA1 ION GIANT TOIL ROU'I INE AIRI'Olti' AIAiNTENANCE PROGRAM (State Assisled Ali pat I iloullne M011110nance) T%DoT moir ."r No.i AM RAMPPDNTON T&I)OT CS) Nos M91IDNTON Pert I - Idemincatlon of ilia Prcject 10: '1110 City of Denlon,'I'exas FROM; ilia Sleleof Texas, acting lhrougA the'Iearts Department ofTransportation this Grant is made and entered Into by and 'between the Texas Department of as t1 a "Spnosorl;of the stoic of Texas, end II o ofoyofrDentton i'exas,r(he LuR 4r referred rorand on W11 NESSE'I IL• WI1URPAS, the Sponsor desires to sponsor a project for the routine maintenance of a public aviation faciltiy, known or to be designated as ilia AIRPORT under the Transpottalion Code, Chaplet 2Y r d WIlERVAS, the project is described as olrport maintenance at the Denton Municipal Altpotl; and WIMRCAS, tl•e Sponsor hereby applies for a grant for Financial assistance; and WUI?REAS, ilia parties berelo, by this Grant, do hereby fix their respective responsibilities with reference to each other end with reference to the accomplishment of said project, NOW, 1111intx0R1t, fm end in consideialion of ilia benebts which will aectue to Ilse penes hereto by virtue of the completion of the project, 1 r IS MU I UALLY COVENANTED AND AOREN) as follows. r, fAm t t 4 r Part 11-,Offer of Financial Assistance Amount A, Is For the purposes of this Grant, the annual on amendments estimated as round on Attachment A, Scopei of Services, and pas round cost, i thereto, all being attached hereto and made a part of this Gran(. Slate financial assistance granted herein will be used solely and exclusively for airport maintenance and other incidental items as approved by the Stale. Actual work to be performed under this agreement is found on Alter',ment A, Scope of services, State financial assistance, Amount D, wil: be for fifty percent (so%) of the eligible project costs for this project or $10,000.00, which ever Is less, per fiscal year and subject to availability orstate appropriations. The Sponsor may reques' (he Slate to provide mowing services, such services to be provided at the discretion of the State. Ilowever, mowing services win not be eligible for state financiat assistance. Sponsor will be responsible for too% or costs of any mowing services. Scope of Services, Attachment A, of this Grant, may be emended, subject to availability cf state funds, to include additional approved airport maintenance wori.. Scope amendments require submittal or an Amended Scope of Services, Attachment A. Services will not be accomplished by ilia Stale until receipt of Sponsor's share of project costs. 1 The Stale shall determine fair and eligible project costs for work scope. Sponsors there of estimated project costs, Amount C, shall be as found on Attachment A end any amendments thereto. It is mutually understood and agreed that if, during the term of this agreement, the Stale determines that there is an overrtn in ilia estimated annual routine maintenance coots, the Slate may Increase the grant to cover the amount or overrun within the aforesaid percentages and subject to ilia niaximum amount of slate funding as found In Part 11, Item 1, above. The Slate will not outhorite expendiluret In excess of the dollar amounts Identified in this Agreement and any amendments hereto, without the consent of the Sponsor, 3. Sponsor, by accepting this Cranl certifies and, upon request, shall furnish proof to the State that it has sufficient funds to meet its share of the costs as heretofore slated The Sponsor hereby grants to the Slate the right to audit any books end records of the Sponsor to verify said finds. In addition, the Sponsor shall disclose the route of all finds for she project end Ili ability to finance (Ire project Upon execution of this Agreement and written demand by the State, the Sponsor's financial obligation (4.cunl C) shell be due In cash and payable In full to the Stole. State 3 i may request the Sponsor's financial obligation in partial payments. Should the Sponsor fail to pay said obligation, either in whole or in pert, within 30 days of written demand, the state may exercise its rights under Paragraph V•3 hereof. likewise, should the Slate be unwilling or unable to pay its obligation in a timely manner, the failure to pay 0.411 be considered a breach and the Sponsor may exercise any rights and remedies it has at low or equity. The State shall reimburse or credit the Sponsor, at the financial closure of the project, any excess funds provided by the Sponsor which exceed Sponsor's share (Amount Q. 4. The Sponsor specifically, agrees that it shall pay any project costs which exceed the amount of financial pailicipation agreed to by the Slate. It is further agreed that the Sponsor will reimburse the State for any payment or payments made hereunder by the State which are In excess of the percentage of financial assistance (Amount B) as heretofore stated In Paragraph 11.1. 5. Scope of Services may be accomplished by State contracts or through local contracts of the Sponsor as determined appropriate by the State. All focal contracts must be approved by the State for scope and reasonable cost. Reimbursement requests for local contracts shall :e submitted on forme provided by the State and payment shall be made for no more then 5044 of allowable charges, less 10% retalnage. Retainage will be released upon flnel acceptance by the State The State will not parlicipale In funding for force account work conducted by the Sponsor. i 6. This Grent shall terminate upon completion of ilia scope of services. The term of this grant may be extended by the execution of an Amendment to the Agreement. Port 111= Sponsor Responsibilities 1. In accepting this (]rant, ilia Sponsor guarantees that; I. it will, in the operation of the facility, comply with all applicable state and federal laws, rules, regulations, procedures, covenants and ossurenees required by the State In connection with this Grant; and b. the Alrport or navigational facility which is the subject of this Grant shall be , controlled for a period of at least 20 years; and C. consistent with safely and security requirements, it ehall make the airport or air r navigational facility available to all types, kinds and classes of aeronautical use witlxput discrimination between such types, kinds and classes and shall provide 6 i i i f adequate public access during the period of this Grant; and d, it shall not grant or permit anyone to exercise an exclusive right for the conduct of aeronautical activity on or about an airport landing ores, Aeronautical activities Include, but are not limiled to scheduled airline flights, chatter flights, (light instruction, aircraft sales, rental and repair, sale of aviation petroleum products and aerial applications. The landing area consist, of runways or landing strips, taxiways, parking aprons, roads, airport lighting and navigational aide; and e, it shall not enter into any agreement nor permit any aircraft to gain direct ground access to the sponsor's airport from private property adjacent to or In the Immediate area of the airport. Further, Sponsor shell not allow aircraft direct ground access to private property, Sponsor shall be subject to this prohibition, commonly known as a "through-the-fence operation," unless an exception is granted in writing by the Stale due to extreme circumstances; end f, it shall not permit non aeronautical use of sirpo:l facilities without prior approval ofthe State; and g, the Sponsor shall submit to the Slate annual statements of airport revenues and expenses when requested; and h, all Pecs collected for the use of the airport shall be reasonable and nondiscriminatory. The proceeds from such fees shall be used solely for the development, operation and maintenance of the airport or navigational facilily; and I i, an Airport Fund shall be established by resolution, order or ordinance In the treasury of the Sponsor, or evidence of the prior creation of an existing airport fund or s properly executed copy of the resolution, order, or ordinance cresting such a fund, shall be submitted to the Stale. Such hind may be an sewunl as part of another fund, but must be accounted for In such a manner that all revenues, expenses, retained earnings, and balances in the account are discernible from ,her types of moneys Identified in the Rind as a whole. All fees, charges, rents, and money from any source derived from airport operations must be deposited In said Airport Fund and shall not be diveued to the general revenue fUn] or any other revenue fund of the Sponsor. All expenditures from the Airport Fund shall be solely for airport purpose. Sponsor shall be ineligible for a subsequent giant or loan by the Stale unless, prior to such subsequent approval of it grant or loan, Sponsor has complied with the requirements of this s4paragraph; and following completion of the project where airport lighting is part of a project, the Sponsor shall operate such lighting At least at low intensity ftom sunset to sunrise; r and k. Insofar as it is reasonable and within its power, Sponsor shall adopt and enforce 7 s ` a zoning regulations to restrict the height of structures and use of lend adjacent to o; In the lmmediete vicinity of the airport to heights and activities compatible with normal airport operations as provided In Tex. Loc. Govt. Code Ann. 241AC I et seq. (Vernon and Vernon Supp.). Sponsor shall also acquire and retain ovigetion easements or other property Interests in or tights to use of land or airspace, unless sponsor can show that acquisition and retention of such interest will be impractical or wi I result In undue hardship to Sponsor. Sponsor shell be Ineligible for it subsequent grant or loan by the State unless Sponsor has, prior to such subsequent approval or & grant or lost, adopted and passed an airport hazard zoning ordinance or order approved by the Stets 2. The Sponsor, to the extent of its legal authority to do to, shell save harmless the State, the Slate's agents, employees or contracts , from all claims and liability due to activities of the Sponsor, the Sponsor's agents or employees performed under this sgrevmnt. The Sponsor, to the extent of its iegr i authority to do so, shall also save harmless the Slate, the State's agents, employees or contractors from any and all expenses, Including attorney fees which might be Incurred by the Slate in litigation or otherwise resisting said claim or liabilities which might be Imposed on the Slate as the result of such activities by the Sponsor, the Sponsor's agents or employees. 3. The Sponsor's acceptance of this Offer end ratifcadon and adoption or this Grant Incorporated herein shell be evidenced by execution of this Instrument by the Sponsor, its heteinafler provided, and said Grant shell comprise a contract, constituting the obligations and rights of the Slate of Texas and the Sponsor with respect to the accomplishment of the project and the operation and maintenance of the airport. If it becomes unreasonable or Impractical to complete the project, the Stale may vold this agreement and release xhc Sponsor from any fbilher obligellon of project costs. 4. Upon entertng Into this Grant, Sponsor heteby agrees to name in individual, as the Sponsor's Awbotized Represeniative, who shall be the State's contact with regard to this project, and which individual shall have the authority to make opprovels and disapproval's, end coordinate schedule for work items as required on behalf of the Sponsor. t 3. Sponsor shall request reimbursement of eligible project coots on forms provided by the Stale Reimbursement Request wid be submitted no more then once a month. TART IV . Nomination of the Agent I . The Sponsor hereby designates the Stott so the party to recelve and disbures oil Ands k used, or to be used, In payment of the costs of sold project, or In reimbursement to either of the parties hereto for costs incurred, 8 r 4 i 2. The Stele shail, for all purposes in connection with the project Identified above, be the Agent of the Sponsor. The Sponsor herewith grants the State a power of attorney to not as Its agent to perform we following services: A. accept, receive, and deposit with the State any and all project funds granted, allowed, and paid or made available by the Sponsor, the Swle of Texas, or any other entity; b, exercise such supervision aiA direction of the project work as the State reasonably finds appropriate. Where there is an irreconcilable convict or difference of opinion, judgment, order or direction bclween the State and the Sponsor, and any service provider the State shall issue a wrl(teq order which shell prevail and be controlling; C. enter into contracts as necessary for execution ofscope of services; d, receive, review, approve and pay invoices and payment requests for services and materials supplied in Accurdance with the Stele approved contracts; e. obtain an audit as may be required by slate regulations; f. reimuurse sponsor for approved contract maintenance costs nq more than once a month. PART V • WOO 1. 1 his Grant is eheculed for the sole benefit of the contracting parties and Is not intended or !xeculed for the direct or incidental beocvt of any third party. 2, it is ilia intent of this grant to not supplant local funds normally utilized for airport maintenance, and that any state financial assistance offered under this grant be in addition to those local funds normally dedicated for airport maintenance. 3, phis Brent is subject to the Applicable provisions of the Transportation code, Chapters 21 and 22, and the Alrport Zoning Act, Tex. I,oc. Govt. Code Ann. 241.001 at seq. (Vernon and Vernon Stipp ) raoure to comply with the terms of (his Grant or with the aforernenlioned ndes and statutes shell be considered a preach of this contract and will allow the State to pursue the remedies for breech as stated blow, r It, Gf primaryhnporlance to the State is compliance with the terms and conditions of I f _ a this Grant if, however, aver all reasonable attempts to require compliance have r failed, ilia Stale rinds that the Sponsor Is unwilling and/or unable to comply with any of the terms of this Grant, the Slate, may pursue any of the following { 9 M r remedies: (t) tequiro a refund of any financial 6861116nce money expended pursuant to this Grant herein, (2) deny Sponsor's future requests for aid, (3) request the Altornuy (ienOrai to bring suit seeking reimbursement of any financial assistrmce money expended on the project pursuant to this Grant herein, ptovtded however, these remedies shell not limit the Slate's authority to enforco Its Lulea, regulations or orders as otherwise provided by law, (4) declare this Grant null and void, or (S) any other remedy available at taw or in equity. b. Venue for resolution by a court of competent jurisdiction of any dispute arising under the terms of this Grant, or for enforcement of any of the provisions of this Grant. Is specifeetly set by Grant of the parties hereto In Travis Count-#, Taxes 4. The State reserves the right to amend or withdrew this Grant at any time prior to acceptance by the Sponsor, The acceptance period crnnot be greater than 30 days after Issuance tiniest extended by the State. 5. This Grant constitutes the full and total understanding of the parties concerning their rights and responsibilities in regard to this project and shell not be modified, amended, rescinded or revoked unless such modification, amendmenl, rescission or revocation is agreed to by both parties in writing and executed by both parties. 6. Alt commitments by the Sponsor and the State hereunder are :subject to constitutional and statutory limitations and restrictions binding upon the Sponsor and the Slale (including Sections S and 1 of Article 1 t of the Texas Consillutiou, if applicable) and to the availability ol'f Inds which lawfliAy may be applied. 1. This grant Is subject to approval W o form by the Attorney General of the State of Texas. 1st i i ~ l I t► part VI - Acceptances Sponsor The City of Denton, Texas, does hereby ratify and adopt all slatements, representAtiona, warranties, covenants and agreements constituting the described project and Incorporated materials referred to in the foregoing Grant, and does hl,eby accept the Offer, And by such acceptance agrees to all of the terms and conditions of the Gnt; thereof Executed this _ day of 19_--• City of Denlon Texts Sponsor Witness Signature Sponsor Signature Witness Title J Sponsor Title Certificate orAtlorney actlog as attorney for , Texas, do hereby certify that i have folly examined tha foregoing Grant and the proceedings taken by sold Sponsor relating thereto, and find that the manner of acceptance and execution thereof, of the said Grant by said Sponsor, is in accordance with the laws of the Slate of Texas Dated at Texas, this _ day of Witness Signature Attorney's Signature Witness Tide Title i it ' i i Attorney General's Approval This contract is approved as to form. Attorney General of Texas i I t3y:_ Assistant to the Attorney gerwIl I I Date: i Acceptance of the State STATE OF TEXAS TEXAS DEPARTMENT OF TRANSPORTATION I by: i I Uala - - I i 12 I c Attachment A scope or services TabOT CSJ No.tMlilbNTON i PAVEMENTS $20,000.00 $10,000.00 $10,600.00 PAVEMENT MARKINGS GRADING/DRAINAGB MISCELLN._..-.F.O.US... - Out ti OWINO Total 520,000 Q0 510,000.00 Ss 1w,e00.00 1 11 h 1, ,11.1 1 ..........,M„...,mmmm Accepled by: City of Denton. Texas F Signature Uete:,_„__ 1401 9: (c iplanations of any specifications or variances as needed for above scope Items) Silkof Denton to pcoours~en3s~n for slurry seaUf apimarea - state will reimburse E of sst4al.sosts. ursvily-,4linmW, cost is S 15,0K If Additional mainte tan"-w91.ILLLfound to be I1SS 11Ate fiscal 1994, an amendment {mss Mclunenl imAbi offered to thtVity of Denton upp (o the $20,000 mulmumI191- r, 13 _J t. f CERTIFICATION OF AIRPORT FIEND TxDOT CSI No.: M918DNTON The City of Denton does hereby certify, that the Airport Fund (Name of Fund) has been established for the City of Denton, and that all fees, charges, rents, tnd money from any source derived from airport operations will be deposited for the benefit of the Airport Fund and will not be diverted for r ther general revenue fund expenditures or any other special Pond of the City of Denton and that all expenditures !}nm the Fund will be solely for airport purposes. Such fund may be an account as pert of another fund, but must be accounted for In such a manner that all revenues, expenses, retained earnings, and balances in the account are discernible from other types of moneys Identified in the fund as a whole. The city of Denton, Texas, has caused this to be duly executed In Its name, this day of the City of Demon. Texas _ (Sponsor) By: Title: f F 14 y t r t i` I 6 DESIGNATION OF SPONSOR'S AUTIIORIZED REPRESENTATIVS TxDOT CSJ Number: M91 BDNTON Y 1' (Nome) (Title) with the City of Denton hereby designate . Name, 1+de) as Ilse city of Denton authorized tepresentative, who shell hove the authority to make approvals and dieapprovale as required on behairof the City of Denton. cw of Benton Texas_ (Sponsor) By: Title: - Date:-- DESIGNATED REPRESENTATIVE Mailing Address: - r 1 - ~ 14 Te;ephonvTax Number:- . r IS l t. ' 1 APWO AGENDA INFORMATION SIIEET AGENDA DATE: ApH16, 1999 DEPARTMENT: Economic Development ACM: Kathy DuBose, Assistant City Manager, Fiscal & Municipal Services SUBJECT Consider an ordinance authorizing the City Manager to execute an airport lease agreement between the City of Denlon and Ffangcorp, Inc. to lease certain premises of the Municipal .tirport for the purpose of constructing and maintaining office and hangar facilities and pcrrorming avionics repair and aircraft maintenance thereon; and providing an effective date. f3ACKGROUND Mr. Bill Morrow, President of llangcorp, Inc. wishes to lease a parcel of land tntating approximately 34,000 square feet of land at the Denton Municipal Airport. The terms of the lease will obligate Mr. Morrow to construct a structure of not less than 10,000 square feet on Tract A. In addition, the lease outlines minimum standards Mr. Morrow must maintain for the right and privilege to conduct multiple commercial aeronautical operations. These facilities will be constructed for the purpose of avionics and Instrument repair, airframe and powerplant maintenance, airerall rental, and aircraft sloroge. Mr. Morrow will also construct necessary infraslntcture to access current taxiways. 'ro facilitate this type of development at the Denton Airport, a discount of $0.10 per equate foot is inLorporated bringing the lease rate to $0.03 per square foot per year rot the first ` rive years. The discounled talc will be recouped in the latter part of the term through an 11 increased lease talc in the last 17 years of the lease agreement. The lease also provides a right of first refusal on otie additional lot, 'Tract B, totaling 34,000 square feet Staff and members or the Alrpott Advisory Board agree that this is an acceptable incentive rot encouraging Airport development, OPTIONS 1• Approve the lease as proposed with the right of rust refusal on Tract B. 11. Approve the lease as proposed without the right of first refusal on Tract B. r c 111. Approve the lease as proposed with a building life of 40 years versus a 30-year life. L c. ' I ; I I UC9:dMENDATION Staff and the Airport Advisory Board recommend Option 1. The proposed development on Tract A will expand commercial activity at the airport and provide additional service to airport patrons, FSTIMATED SCHEDULE OLWIF&I The lease would become etrectke Ap... 6, 1999 and continue through the S't' day of April 2029 (30 yeas). The lease also provides for two successive renewal terms of ten year each. PRIOR ADT142U,'1.Y= The Airport Advisory Board recommends approval of the lease. FISCAL INFORMATION i The lease rate for Tract A Is $0.15 per square foot per year. The lease provides for a discount of $0,10 per square foot per year for the fist rive years or a total of $0.03 per square foot for a yearly rentat rate or$1,700 for years 1999 to 2004. Years 2004 to 2012 the lease rate will be Increased by $0,10 per square foot per year or a total of S5,100 per year, Years 2012 to 2029 the lessee rate will be Increased by 50.03 per square foot per year or a total of $6,120 per year. EXIIIBI S Site Map Ordinance Lease Agreement Respectfully submitted; -Of 0. *1nda Ratliff, Director dv Rconomic Development Department Prepared by - M1 ark Nelson Airport Manager j lr \ r 1 ( i L ORDINANCE NO. I AN ORDINANCE AUTHORIZING THE CITY 14ANAGER TO EXECUTE AN AIRPORT LEASE AGREEMENT BETWEEN THE CITY O° DENTON AND HANOCORP, INC. IV LEASE CERTAIN PREMISES OF THE MUNICIPAL AIRPORT FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING OFFICE AND HANGAR FACILITIES AND PERFORMING AVIONICS REPAIR AND AIRCRAI T MAINTENANCE THEREON, AND PROVIDING AN EFFECTIVE DATE. I THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Manager is authorized to execute an airport lease agreement between the City of Denton, Texas and Hangcorp, Inc., to lease certain pfemlaes of the Municipal Al-port for the purposes of and constructing and maintaining a office and hangar racitttics and performing avionics repair and aircraft maintenance thereon, under the terms and conditions contained within this Agreement, which Is attached hereto and made a part hereof. I SEC11ON11. That this authorization is contingent on the tenant executing the attached lease within thirty (30) days of the passage of this ordinance. SECtION Itt. That this ordinance shall become effective immediately upon Its passage and approval 1999. PASSED AND APPROVED this the day of_ i JACK MILLER, MAYOR I ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM,. HERBERT L. PROUTY, CITY ATTORNEY I x 3 ` c k r r AIRPORT LEASE AORIIMINT COMMERCIAL OPERATOR THE STATE OF TEXAS A I KNOW ALL MEN BY THESE PRESONTSI COUNTY OF DENTON B I This lease is made and executed thin day of 1999, at Denton, Texas, by and between they Of Den on, Texan, a municipal corporation, hereinafter referred to as 'Lessor", and angcorp' Inc. Ieill r Texas having 7627, h hereiafter principal roffices eferreda to 5050 W ae f arbird Drive, Denton, "Lessee". wITNE98ITHi WHEREAS, Lessor now owns, controls and operates the Municipal Airport (Air portl in the City of Denton, County of Denton, State of Texas= and wI18111."r'+6, Lessee desires to lease certain premises on said airport and construct and maintain an aircraft hangar and related aviation facilities thereon) and NOW, THEREFORE, for and in consideration of tho promises and the mutual covenants contained in this Agreement, the parties agree as follove: 1. CONDITIONS OP AdRBIHINT NOTWITII3TANDIN13 ANY LANGUAGE TO THE CONTRARY HEREINAFTER CON'tAINEU,, THE LANGUAGE IN PARAGRAPHS A THROUGH D of THIS SECTION SHALL BE B1ND1N0. A. PRINCIPLES OF OPERATIONS. The right to conduct aeronautics ac vit ea ar urnTing services to the public in granted to Lessee subject to Lessee agreeingt 1. To furnish said services on a fair, equal and not unjustly discriminatory basis to all users thereofl and 2. To charge fair, reasonable and not unjustly discriminatory prices for each unit or servicel provided, that Lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. B. NON-DISCRIMINATION. Lessee, for himself, his personal r representat ves, successor" and interests, and assigns, as a part of the consideration hereof, does hereby covenant and agree an a covenant running with the land that) 4 r i 1. No person on the grounds of race, religion, color, sex, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilitiesr 2. In the construction of any improvements on, over, or under such land and the furnishings of service.v thereon, no person oil the grounds of race, religion, color, sex, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to diecriminationi 31 Lesse•1 shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, De artment of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted prog.ems of the Department of Transportation - Effectual of Title VI of the Civil Rights Act of 1964, as said Regulations may be amended. C. RIGNT OF INDIVIDUALS TOor MAINTAIN or AIRCRAFT. haIt is s been 70 clearly un erssG a by Lessee at n g t privilege granted which would operate to prevent any person, firm or corporation operating aircraft on the airport from performing any services on its ow~a aircraft with its own regular employees (including, but mat limited to, maintenance and repair► that it may choose to perform. U. NON•ERCLUSIVE RIGHT, It is understood and agreed that , nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Title 49 U.S.C. Appendix 11349. E. PUBLIC AREAS. 1. Lessor reserves the right to further develop or improve the landing area of the airport as it sees fit, regardless of the desires or views of Lessee, and without interference or hindrance, 2. Lessor shall he obligated to maintain and keep in good repair th4 landing area of the airport and all publicly owned facilities of the airport, together with the right to direct and control all activities of Lessee in this J~ regard. t ~lr` s, 3. During time of war or national emergency, Lessor shall have the right to lease the landing area or any part thereof to the United States Govetnment for military or naval use, and, if such lease is executed, the provisions of this instrument insofar as they are inconsistent with the provisions of the lease to the Government, shall be suspended. fw C it 4. Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the airport against obstruction, together with the right to prevent Lessee from erecting, or permitting to be erected, any building or other structure on or adjacent to the airport which, in the opinion of Lessor, would limit the usefulness or safety of the airport or constitute a hazard to aircraft or to aircraft f navigation. 5. Title Lease shall be subordinate to the provisions of any existing or future agreement between Lessor and the United States or agency thereof, relative to tine 4 operation or maintenance of the airport. 11. LEASED PREMISES Lessor, for and in consideration of the covenants and agree- ments herein contained, to be kept by 1,essee, does hereby demise acrd lease unto Lessee, and Lessee does hereby hire and take from Lessor, the following described land situated in Denton County, Texas! A. LAND. A tract of land, being approximately 34,000 square feet, or- 0.781 acres, drawn and outlined on Attachment "A" as Tract A, and :egolly described in Attachment 08," such attachments being incorporated herein by reference. S. Right of First Refusal to Lease Tract 8. 'Provided that, and for so long as essee stays n law u possession of the land denoted above as Tract A, Lessee shall have a right of first refusal on any lease negotiated on the tract of land identified and drawn on Attachment "A" as Tract 8, ns^asuring 170 feet x 200 feet, approxi':,Ately 34,000 square feet in area, and legally described In Attachment "C." The Lessor shall notify Lessee, in writing, of any bonafide offer en lease options with third parties on the identified Tract 8. Lessee shall have thirty (30) days to exercise its right of first refusal on Tract 8, Any future lease negotiated on Tract 13 shall be subject to whatever lease terms may be negotiated between Lessor and Lessee, and Lessee shall have no -vested right to lease said tract under any particular terms of agreement, or specified rental, whether contained within this agreement or any other. Lessee's exercise of said right of first refusal is expressly ' 4 , conditioned upon Lessee's continuous arid simultaneous rental of (rr~ Tract A above, in no event shall this right of first refusal extend more than two 12) years past the initial execution of thin Agreement. Toget' +r with the right of ingress and egress to said proper- ty, and the right in common with others so authorized of passagge upon the Airport property uenerally. subject to readonable 6 r r' I regulations by the City of lenton and ouch rights shall extend to Lessee's employees, passen3ers, patrons and invitees. For purposes rf this agreement, the term "Premises" shall mean all property located within the metes and bounds described and identified above, including leasehold improvements constructed by the Lessee, but not including certain easements or property owned and/or controlled by the Lessor. C. IMPROVEMENTS PROVIDED BY LESSOR. NONE There will be no improvements provided by Lessor, except as set forth in Article II.E. "Access to Utilities" below. For the purpose of thin Agreement, the term "Lessor improve- ments" shall mean those things on or adjacent to the Premises belonging to, constructed by, or to be constructed by the Lessor, which enhance or increase, the value or quality of the leased land or property. Unless otherwise noted herein, all Lessor improvements are and will remain the fit of Lessor. Ali Lessor improvements must be described in detail above, or above referenced and attached to this Agreement in an exhibit approved by Lessor, D. IMPROVEMENTS PROVIDED BY LESSEE. On Tra'.L• A, Lessee shall construct a hangar o I e a~ Cali y not less than 10,000 square feet with taxiway access and appropriate :ulverts or drainage as required by City ordinances in the utility right-of- way south, west and north of the proposed hangar as wr,ll an other improvements as determined necessary by City ordinances. Lessee may also have the right to construct a row of hangare approximately 30 feet x 140 feet, approximately 4,200 square feet on the east side of Tract A. Attachment "D," Site Map, outlines proposed developments. E. EASEMENTS. Leet;or and Lessee by mutual agreement may establish, on th leased premises, easements for public access on roads and taxiways. F. ACCE:-S TO UTILITIES. Lessor represents that water, wastewater, cu33 ~iase eletricityy lines are within three hundred feet (3001) of the leased premisea available to "tap-in" by Lessee, and that the name are sufficient for usual and customary service on the leased premises. 111. TERM The term of this Agreement shall be for a period of thirty (30) years, commencing upon Lessor's delivery of a certificate of occupancy or one hundred and twenty (120) days from the execution date of this agreement, which ever is earlier and continuing through the 5th day of April, 2029 , unless earlier terminated under the provisions of the Agreement. Any attempt by Lessee to renegotiate this Lease shall be in writing addressed to the City f Manager at least one hundred eighty (180) days before the expiration of the stated term of thin lease, and at least 180 days 7 t' i i illl I before the expiration of any additional renegotiated period. j Lesse- has the option to renew for two (2) additional ten (10) year terms. The rental and terms to be negotiated shall be reasonable and consistent with the then value, rentals and terms of similar property on the airport. IV. PAYMENTS, RENTALS AND FEES Lessee covenants and agrees to pay Lessor, as consideration for thin lease, the following payments, rentals and feesr A. LAND RENTAL shall be due and payable in twelve (12) qual month ~netallmenta in the atom in advance, on or equal' before the lot day of each and every month during tine term of this agreement in the amount of one-twelfth (1/12) of an annual rental payment based on the following formulae, calculated on the basis of minimum yearly rentals adjusted for inflation as per paragraph IV. C.r 1. Delivery _uf_Cettificate of Occupancy - 4/5/04r $0.05 per square cot minimum year y rental, adjusted annually per paragraph 1V.C. 2. 4/6/04 - 4 5 121 Tire current lease rate (previous year's rents U will be increased by an additional $0,10 per square foot, and then adjusted annually per paragraph IV.C. 3. 4 6 12 - 415129 1 The current lease rate (previous year's rental) will be increased by all additional $0.03 per sq+rare foot, and then adjusted annually per paragraph IV.C, Notwithstanding the foregoing, the annual lease rental to be reduced by the current lease rate per square foot, times the number of square feet comprising all easements established in accordance with Atticle li(lt) B. LESSOR IMPROVEMENTS RENTALS. NONE, There are no Lessor improvements on rte ease prem a se C. PAYMENT PENALTY AblUSTlfENTS. All payments due Lessor the offices of the Miance from Lessee sra I-~ mad to MR-M."". Department of the City of Denton, Accounts Receivable, 215 B. McKinney, Denton, Texas, unless otherwise designated in writing by the Lessor. If payments are not received before or on the lot, a A five (5) percent penalty will be due as of the 2nd. if payments ate not received by the lot of the subsequent month, an additional penalty of one (1) percent of the unpaid rental/fee amount will be due. A erle (1) percent charge will be added on the let of each subsequent month until the unpaid rental/fee payment is made, failure to pay the rent or penalty amounts on delinquent rent shall crn9titute an event of default of this lease. r 8 c c ' i i The yearly rental for land and improvements herein leased shall readjusted at the en each one (1) Year period during d of sac the term of this lease on the basis of tttie proportion that the thin current United States Consumer Price index for all urban consumers (CPI-U) for the Dallas-Fort Worth geographical region, as compiled by the U.S. Department of Labor, Bureau of Labor Statistics bears to the applicable index at the execution of this lease. The original land rental amount is based upon the formulae set forth in Section IV,A, for the land herein leased. Each rental adjustment, if any, shall occur on the let day of April, beginning 2000, and every year thereafter on such date. The adjustments in the yearly rent shall be determined by multiplying the minimum yearly rent as set forth in Section N.A. by a fra& ion, the numerator of which is the index number for the last month prior to the adjustment, and the denominator of which is the index number applicable at the execution of this lease. If the product of this multiplication is greater than the minimum yearly rent as set forth in Section IV,A „ Lessee shall pay this greater amount as the yearly rent until the time of the next rental adjustment as called for in this section, If the product of this multiplication is less than the minimum yearly rent of as set forth in Section IV.A., there shall be no adjustment in the annual rent at that time, and Lessee shall pay the previous year's annual rent until the time of the next rental adjustment as called for in thie section. In no event shall any rental adjustment called fur in this section result in an annual rent less than the previous year's annual rent. The adjustment shall be limited so that the annual rental payment determined for any given year shall not exceed the annual rental payment calculated for the previous year by more than ten (it)) percent. If the consumer price index for all urban consumers (CPI-U) for the Dallas-Fort worth geographical region, as compiled by t'4 U.S. Department of Labor, Bureau of Labor Statistics, is discontinued during the term of this lease, the remaining rental adjustments called for in this section shall be made using the formula not forth in Subsection (a) above, but substituting the index numbers for the Consumer Price Index-Seasonally Adjusted U.S. Cityy Average For All Items For All Urban Consumers (CPI-U) for the index numbers for the CPI-U applicable to the Dallas-Fort Worth 9a09raphu11 region. If both the CPI-U for the Dallas-Fort Worth geographical region and the U.S. City Average ace discontinued during t)le term of this lease, the remaining rental adjustments called for in this section shall be made using the statistics of the Bureau of Labor Statistics of the United States Department of Labor that ace most nearly comparable to the CPf-U ' (rr applicable to the Dallas-Fort worth geographical region. If the Bureau of Labor Statistics of the United States Department of Labor ceases to exist or ceases to publish statistics concerning the purchasing power of the consumer dollar during the term of this lease, the remaining rental adjustments called for in this section shall be made using the most nearly comparable statistics published by a recognized financial authority selected by Lessor. 9 V, RIONT9 AND OBLIOATION9 or L899BI! A, USE OF LEASED PREMISES. Leases is granted the non- exclusive privilege to engage in or provide the followings I Hangar space and ~ related The farental or lease of cilities upon the hangars ngar Lessee Wiid ha sed premises. 2. Avionics, Instrument, and Propeller Repair. The marketing and sale of avionics and aviation related radio equipment, and the repair and installation of such products or equipment. 3. Office Space Lease or RenCal. The rental or lease of office space in or adjoining Lessee's hangars. i 4. Aircraft and Storage. To provide storage of both Lessee's and sublessee's aircraft and aviation related equipment and supplies upon or within the leased premises. 5. Aircraft Maintenance. The maintenance, repair, servicing and inspection of aircraft. Lessee, his tenants and sublessees shall not be authorized to conduct any services not specifically listed in title agreement. The use of the leased premises of Lessee, his tenants or sublessees shall be limited to only those private, commercial, retail or industrial activities having to do with or related to airports and aviation. No person, business or corporation may operate a commercial, retail or industrial business upon the premises of Lessee or upon the Attport without a lease or license from Lessor authorizing Eiuch commercial, retail or industrial activity. The Lessor shall not unreasonably withhold authorization to conduct aeronautical or related services, S. STANDARDS. Lessee shall meet or exceed the following standardei I. Address. Lessee shall file with the Airport Manager and kCeep current his mailing addresses, telephone numbers and contacts where he can be reached in an emergency. 2. List. Lessee shall file with the Airport Manager and keep current a list LC his tenants and rublesates, 3. Conduct. Lessee shall contractially require his employees and sublesseea land suble nee's invitees) to abide by the terms of this agreement. Lessee shall promptly enfor.e his contractual right,i in the event of a default of such rnvonA0n, 10 l r. 9. Utilities Taxes and Fees. Lessee shall meet all expen- ses anrpaymen s n ronsiection with the use of the Premi- ses and the rights and priv.'leges herein granted, including the timely payment of utilities, taxes, permit fees, license fees and assessments lawfully levied or aeseseed. 5. Laws. Lessee shall comply with all current and future Viral, state and local laws, rules and regulations which may apply to the conduct of business contemplated, including rules, regulations and ordinanc- prormilgated by Lessor, including, but not limited to, the regulations listed in Attachment E, which is attached hereto and made a part hereof for all purposes, and Lessee shall keep in effect and poet in a prominent place all necessary and/or required licenses or permits. 6. Maintenance of Property. Leases shall be responsible for the ma n enance, repair and upkeep of all property, buildings, structures and improvements, including the mowing or elimination of grass and other vegetation on tihn- Premises, and shall keep said Premises neat, clean and in respectable condition, free from any objectionable matter or thing. Lessee agrees not to utilize or permit others to utilize areas on the leased premises which are located on thu outside of any hangar or building for the storage of vrecked or permanently disabled aircraft, aircraft patts, automobiles, vehicles of any type, or any other equipment or items which would distract from the appearance of file leased premises. Lessee agrees that at no time shall the leased premises be used for a flea market type aalps operation. 7. Pant"" of buildings. boring the original term of this Lase-aan dur ng each extension, Lessor shall have the right to require, not more than once every five years, that the metal exterior of hangar(s) or building(s) located on the premises be reviewed by the Airport Advisory Board for tine pthrpose of determining whether i painting of the exteriors of such buildings or hangars is necessary, if the Airport Advisory Board determines painting in necessary, it shall furnish a recommendation to this effect to tike City Council. The Council, may, upon the Board's recommendation, require Lessee to rep II fit said exteriors according to Iseseors ; h r1 f specifications (to specify color of paint, quality of workmanship and the year and month in which the hangar(s) or building(s) are to be painteJ, if needed.) Lessee shall complete the painting in accordance with such specifications within one (l) year of receipt of notice from lessor. Lessee agrees to pay all costs and expense Failure d of nLessee to complete the painting required by 1l 1 1 t Lessor's City Council within one (1) year period shall constitute Leseee's default under this Lease. 8. Unauthorized use of premises. Lessee may not use any of ie ease an or prem see for the operation of a motel, hotel, restaurant, private club or bar, apartment house, or for industrial, commercial or ritail purposes, except as authorized herein. ! 9. Dwellings. it is expressly understood and agreed that no permanent dwelling or domicile may be built, moved to or established on or within the leased premises nor may lessee, his tenants, invitees, or guests be permitted to reside or remain as a resident on or within the leased premises or other airport premises. 10. uit _Possession. Lessee shall quit possession of all premTees~? eaee~c herein at the end of the primary term of this lease or any renewal or extension thereof, and deliver up the premises to Lessor in as good condition an existed when possession was taken by Lessee, reasonable wear and tear excepted. 11. Hold Harmless, Leases shall indemnify and hold harmless essoE` Erom and against all loss and damages, including, but not limited to court coats and reasonable attorney fees incurred by Lessor and including without limitation damages for 4eath, bodily or personal injury, loss of props,ty or other damages, arising or resulting from the operation of Lessee's business in and upon the leased premises. This hold harmless and indemnity, in addition, protects Lessor from claims arising outside the leased premises from the negligent operation of an aircraft rental business. 12. Chemicals, Lessee agrees to properly store, collect and 31apose of all chemicals and chemical residues; to properly store, confine, collect and dispose of all paint, including paint sprg in the atmosphere, and paint productat and to comply with all Local. State ai,d Federal regulations governing the storage, hv,.dling or disposal of such chemicals and paints. 13, Hazardous Activities. Should Lessee violate any law, ruTJ restriction or regulation of the City of Denton or the Federal Aviation Administration, or should the Lessee engage in or perrit other persons or agents to engage in activities which could produce hazards or obstruction to f air navigation, obstructions to visibility or interference with any aircraft navigational aid station or device, whether airborne or on the ground, then Lessor shall state such violation in writing and deliver written notice to Lessee or Lessee's agent on the leased premises, or to the person(s) on the leased premises who 12 E are causing said violation(s), and upon delivery of ouch written notice, Lessor shall have the right to demand that the person(s) responsible for the violation(s) cease and desist from all such activity creating the violation(s). In such event, Lessor shall have the right to demand that corrective action, as required, be commenced immediately to restore the leased premises into conformance with the particular law, rule or aeronautical regulation being violated. Should Lessee, Lessee's agent, or the person(s) responsible for the violation(s) fail to cease and desist from said violation(s) and to immediately commence correcting the violation(s), and to complete said corrections within twenty-four (24) hours following written notification, then Lessor shall have the right to enter onto the leased premises and correct the violationls), and Lessor shall not be responsible for any damages incurred to any improvements on the leased premises as a result of the corrective action process. D. SIGNS. During the term of this Agreement, Lessee shall have the r`F97t, at Its own expense, to place in or on the- leased Premises signs identifying Lessee. r+aid sig,ss shall be of a size, shape and design, and at a location or locatlcn-+, approved by the Lessor and in conformance with cny overall dltectional graphics or sign program e:?tablished by LeN9ot for the Airport. Lessor's approval shall not be withheld unreasonably. Said signs shall be maintained in good repair throughout the term of this agreement. Notwithstanding any other provision of this agreement, said siyno shall remain the property of Lessee. Lessee shall remove, at its expense, all lettering, signs and placards so erected on the premises at the expiration of the term of this Agreement or extensions thereof. VI. COVENANTS BY LESSOR Lessor hereby agrees as fo,lowss A. PEACEFUL ENJOYMENT, That on payment of relit, fees, and performance o the covenants and agreements on the par. of Lessee to be performed hereunder, Lessee shall peaceably hold and enjoy the leased premises and all rights and privileges herein granted) D. COMPLIANCE, Lessor warrants and represents that in the eat::blissmennE con construction and operation of said Denton Municipal Airport, that Lessor has heretofore and at this time is complying with all existing rules, regulations, and criteria distributed by k, the Federal Aviation Administration, or any other governmental authority relating to and including, but not, limited to, noise abatement, air rights and easements over adjoining and contiguous areas, over-flight in landing or takeoff, to the end that Leases will not be legally liable for any action c,f trespass or aimilar cause of action by virtue of any aerial operations of adjoining property in the course of normal take off and landing procedures from said Denton Municipal Airport) Leaser further warrants and 13 E represents that at all times during the term hereof, or any renewal or extension of same, that it will continue to comply with the foregoing. VII. SPECIAL CONDITIONS It is expressly understood and agreed by and between Lessor and Lessee that this lease agreement is subject to the following special terms and conditions. A. RUNWAYS AND TAXIWAYS. That because of the prsaent sixty thousand 60,000 pound continuous use weight bearing capacity of the runway and certain taxiways of the Airport, Lessee, herein agrees to limit all aeronautical activity including landing, take- off and taxiing, to aircraft having an actual weight, including the weight of its fuel, of sixty thousand 160,000) pounds until such time that the runway and designated taxiways on the Airport have been improved to handle aircraft of such excessive weights, Additionally, the weight bearing capacity of Taxiway 11 is 30,000 pounds or less. It is further agreed that, baaod on qualified engineering studies, the weight restrictions and provisions of this clause may be adjusted, up or down, And that Lessee agrees to abide by any ouch changes or revisions as such studies may dictate. "Aeronautical Activity" referred to in this clause shall include that activity of the Lessee or its agents or subcontractors, and its customers and invitees, but shall not include those activities over which it has no solicitory part or control, such as an unsolicited or unscheduled or emergency landing. A pattern of negligent disregard of the provisions of this section shall be sufficient to cause the immediate termination of this entire Agreement and subject Lessee to liability for any damages to the Airport that might result. VIII. LEASEHOLD IMPROVEMENTS A. REQUIREME=NTS. Before commencing the construction of any improvements upon Me premises, Lessee shall submits 1. Documentation, specifications, or design work, to be approved by the Lessor, which shall establish that the improvements to be built or constructed upon the leased premises are in conformance with the overall size, shape, color, quality and design, in appearance and structure of the program established by Leesor on the Airport. 2. All plans and specifications showing the location upon A$ , the premises of the proposed constructions 3. The estimated cost of such construction. No construction may cormnence until Lessor, acting by its City Council, has approved the plans and specifications and the location of the improvements, the estimated costs of such construction and the agreed estimated life of the building or 14 f j structure. Approval by the City Council shall not be unreasonably withheldl should the council fail to deny Lessee's plans and specifications within sixty (60) days of submission thereof to the Council, such plans and specifications shall be deemed approved. Documentary evidence of the actual coat of construction on public areas only (such as taxiways) shall be delivered by Lessee to Lessor's City Manager from time to time as such costs are paid by Lessee, and Lessor's City Manager Is hereby authorized to endorse upon s copy of this lease filed with the City Secretary of Lessor such actual amounts ac he shall have found to have been paid by Lessee, and the findings of the City Manager when endorsed by him upon said contract shall be conclusive upon all parties for all purposes of this agreement. B. KWITIONAL CONSTRUCTION OR IMPROVEMENTS. Lessee is hereby author ze to construct upon tie an ere n leased, at his own cost and expense, buildings, hangars, and structures, that Lessor arid Lessee mutually agree are necessary for use in connection with tike operations authorized by this lease, provided however, before commencing the construction of any improvements upon the premises, Lessee shall submit plans and specifications for approval by Lessor as specified in Article VIII .A., above. C. OWNERSHIP OF IMPROVEMENTS. All buildings and improvements constructed upon the premises by Lessee shall remain the property of Lessee unless said property becomes the property of Lessor tinder the following conditions, terms and provisioner 1. Removal o_f~ Buildings. No building or permanent fixture may he removesfrom the premises, 2. Assumption. All buildings and improvements of whatever nature remaining upon the leased promises at the end of the Primacy term, or any extension thereof, of this lease shall automatically become the rlcoperty of Lessor absolutely in fee without any cost to Lessor. 3. Buildina L'fe. It is agreed that the life of the FUTMJAi [c--)e constructed by Lessee on the property herein leased is thirty (30) years, 4, Cancellation, Should this lease be cancelled for any reason 6efote the end of the thirty (30) year expected building life, it is especially understood and agreed that Lessor reserves the right to purchase all buildings, structures and improvements then existing upon the premises by tendering to Lessee one thirtieth (1/301 of the undepreciated value of such building for each year remaining on the agreed life of such building, The undepreciated value of all improvements is to be determined by having such improvements appraised by thtee appraisers, one appointed by Lessor, one appointed by Lessee and one appointed by the two appraisers. i 1S c I IX. SVHROOATION OF MORTOAOER A. Any person, corporation or institution that lends money to Lessee for construction of any hangar, structure, building or improvement and retains a security interest in said hangar, structure, building or improvement shall, upon default of Lessee's obligations to said mortgagee, have the right to enter upon said leased premises and operate or manage said hangar, structure, building or improvement according to the terms of this Agreement, for a period not to exceed the term of the mortgage with Lessee, or until the loan is paid in full, whichever comes first, but in no event longer than the term of this lease. it is expressly understood and agreed that the right of the mortgagee referred to herein is limited and restricted to those improvements constructed with funds borrowed from mortgagee, those improvements purchased with the borrowed funds, and those improvements pledged to secure the refinancing of the improvements. n. Lessee shall have the right to place a first mortgage e lien upon the leasehold in an amount not to exceed eighty-fa percent (851) of the construction cost or current market value of the leasehold improvements. X. RIGHT OF EASEMENT Lessor shall have the right to establish easements, at no cost to Lessee, upon the leased ground space for the purpose of providing underground utility services to, from or across the airport property or for the construction of public facilities on the Aitport. However, any such easements shall not interfere with Lessee's use of the leased premises and Lessor r.hall restore the property to original condition upon the installation of any utility services on, in, over or under any such easement or the conclusion of such construction, Construction in or at the easement shall be completed within a reasonable time. XI, ASSIONMENT OF LSA98 Lessee expressly covenants that it will not assign this lease, convey more than ten percent (10%) of the interest in his business, through the sale of stock or otherwise, transfer, license, nor sublet the whole or any part of the said premises for any purpose, except for rental of hangar space or tie-down apace, without the written consent of Lessor. Lessor sprees that it will not unreasonably withhold its approval of such sale, sublease, transfer, license, or assignment of the facilities for the air;,ott related putposesi provided however, that no such assignment, sublease, transfer, license, sale or otherwise shall be approved if the rental, fees or payments, received or charged are in excess of the rental or fees paid by Lessee to Lessor under the terms of this lease, for sucft portion of the premises proposed to be assigned, subleased, transferred, licensed, or otherwise. The 16 t: l' . provisions of this lease shall remain binding upon the assignees, if any, of Lessee. XII. INSU"Wes A. REQUIRED INSURANCE. Lessee shall maintain continuously in effect at alimee during the term of this agreement, at Lessee's expense, the following Insurance coverages 1. Comprehensive general liability covering the leased premises, the Lessee or its company, its personnel, and its operations on the airport. 7. Aircraft liability to cover all flight operations of Lessee. 3. Fire and extended coverage for replacement value for all facilities used by the Lessee either as a part of this agreement or erected by the Lessee subsequent to this agreement. 4. Liability insurance limits shall be in the following minimum amountar Bodily Injury and Property Damages One Million Dollars ($1,0000000) combined single limits on a per occurrence basis. S. All policies shall name the City of Denton as an additional named insured and provide for a minimum of thirCy (30) days written notice to the City prior to the effective date of any cancellation or lapse of such policy. 6. All policies must be approved by the Lessor. 7. The Lessor shall be provided with a copy of all such policies and renewal certificates, During the term of this lease, Lessor herein reserves the right to adjust or increase the liability insurance amounts required of the Lessee, and to require arty additional rider, i provisions, or certificates of insurance, and Lessee here' y agrees to provide an such insurance requirements as may be required by Lessors provided however, that any requirements shall be comnwnau- b , rate with insurance requirements at other public tine airports r!~- similar to the Denton Municipal Airport in size and in scope of rviettion activities, located In the southwestern region of the htited 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, lncludinq typen of insurance and monetary amounts or limits of insurance, and to comply with said insurance requirements within 17 a c. II i sixty (6o) days following the receipt of a notice in writing from Lessor stating the increased or adjusted insurance requirements. Lessee shall have the right to maintain in force both types of insurance and amounts of insurance which exceed Lessor's minimum insurance requirements. In the event that State law should be amended to require types of insurance and/or insurance amounts which exceed those of like or similar public use airports in the southwestern region of the United States of America, then in such event, Lessor shall have the right to require that Lessee maintain in force types of insurance and/or amount of insurance as specified by State law. Failure of Lessee to comply with the minimum specified amounts or types of insurance as required by Lessor shall constitute Lessee's default of this Lease. MI. CANCELLATION BY LE99OR in the event that Lessee shall file a voluntary petition in bankruptcy or proceedings in bankruptcy shall be instituted against it and Lessee thereafter is adjudicated bankrupt pursuant to such proceedings, or any court shall take jurisdiction of Lessee and its assets pursuant to proceedings brought under the provisions of any Federal reorganization act, or Lessee shall be divested of its estate herein by other operation of laws or Lessee shall fail to perform, keep and observe any of the terms, covenants, or conditions herein contained, or on its part to be performed, the Lessor may give Lessee written notice to correct such condition or cure such default and, if any condition or default shall continue for thirty (30) days after the receipt of such notice by Lessee, then Lessor may terminate this lease by written notice to Lessee. In the event of default, Lessor has the right to ~urchane any or all atructirea on the leased premises Under the provisions of Section VIII Iaragraph C.1. (Cancellation) hereof. XIV. CANCELLATION BY LESSEE Lessee may cancel this Agreement, in whole or part, and termi- nate all or any of its obligations hereunder at any time, by thirty (30) days written notice, upon or after the happening of any one of the following eventsr (1) Issuance by any court of competent jurisdiction of a permanent injunction in any way preventing or restraining the use of said airport or any part thereof for airport purposes, (2) the breach by Lessor of any of the covenants or agreements contained herein and the failure of + jfr Lessor to remedy such breach for a riod of ninety (90) days after receipt of a written notice of LC existence of such breac i (3) the inability of Lessee to use said premises and facilities continuing for a longer period than ninety (90) days due to any law or any order, rule or regulation of any appropriate governmental authority having jurisdiction over the operations of Lessor or due to war, earthquake or other casualtyt or (4) the 18 h Ilr h assumption or recapture by the United States Government, or any authorized agency thereof, of the maintenar, a and operation of said airport and facilities or any substantial part or parts thereof. Upon the happening of any of the four events listed in the preceding paragraph, such that the leased premises cannot be used for aviation purposes, then the Lessee Ray cancel this lease as aforesaid, or may elect to continue this lease under its terms, except, however, that the use of the leased premises shall not be limited to aviation purposes, their use being only limited by ouch laws and ordinances as may be applicable at that time. ` XV. MISCELLANEOUS PROVISIONS A. ENTIRE AGREEMENT, This Agreement constitutes the entire understan l tween tyre parties and as of its effective date supersedes all prior or independent Agreements between the parties covering tits subject matter hereof. Any change or modification hereof shall be in writing signed by both parties. B. BINDING EFFECT. All covenants, stipulations and agree- ments here re sr 11 extend to, bind and inure to the benefit of the legal representatives, successors and assigns of the respective parties hereto. C. SEVERABILITY. If a provision hereof shall be finally declared void or -illegal by any court or administrative agency having jurisdiction, the entire Agreement shall not be voids but the remaining provisions shall continuo in effect as nearly as possible in accordance with the:- original intent of the parties. D. NOTICE. Any notice given by one party to the other in connection with this agreement shall oe in writing and shall be sent by registered mail, return receipt requested, with postage and registration fees prepaid as follower 1. If to Lessor, addressed toi City Ma-tager I City of Denton 215 E. McKinney Street f Denton, Texas 16201 2. if to Lessee, addressed Lot i Mr. Bill Morrow a (A, III Tomlinson Avionics of Texas, Inc. 5050 Narbird drive Denton, TX 76207 i Notices shall be deemed to have heen received on the date of receipt as shown on the return receipt, I~ 19 I a I I I U. HEADINGS. The headings used in this Agreement are intended or convenience of reference only and do not define or limit the scope or meaning of any provision of this Agreement. F. GOVERNING LAW. This Agreement is to be construed in accordance with the aws-of the State of Texas. G. MEDIATION. The parties may agree to settle any disputes under th s ease by aubmitting the dispute to mediation or other means of alternate dispute resolution. No mediation or alternate dispute resolution, arising out of or relating to this lease, involving one party's disagreement may include the other party to the disagreement without the other's approval. H. NO WAIVER. No waiver by Lessor or Lessee of any default or breac o covenant or term of this lease may be treated as a waiver of any subsequent default or breech of the same or any other covenant or term of this Agreement. I. INDEPENDENT CONTRACTOR. During all tines that this Lease is in effect , the parties agree that Lessee is and shall be deemed to be an independent contractor and operator and not an agent or employee of the Lessor with respect to their acts or omissions hereunder. For all the purposes hereunder, Lessee is and shall be deemed an independent contractor and it is mutually agreed that nothing contained herein shall be deemed or construed to constitute a partnership or joint venture between the parties. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. CITY OF DENTON, TEXAS , LESSOR BYr Michael w. Jez, City ManageF ATTESTr JENNIFER WALTERS, CITY SECRETARY BYr / APPROVED AS TO LEdAL FORMr Al ~ HERBERT L. PROUTY, CITY ATTORNEY `~1Cirr•~ , BY 20 c u . I LESS~'B Hangcorp, Inc. B Morrow PRESIDENT THE STAT9 OF TEXAS I COUNTY OF DENTON I This instrument was acknowledged before me on the day of 1999 by LESSEg. NOTARY PUBLIC, STATE OF TEXAS My commission expires M i 21 r , Cc V ' 'I I ATTACHMENT A i tr ~ i i j I Reserved for Survey of Tract A y { I r r. 22 r c. ATTACHMENT e I i Reserved for Survey of Tfect B ' 23 t. ATTACHMENT C I Reserved for Legat Description of Tract A and Tract S i W 24 J 0 c. I ATTACHMENT 0 SITE MAP b 'rests Gf 6 10 I Iw I ~ o ~j 3o x~cv -46409- t ATTACIIMENT E ~~~Z,S7'ANUAB~S i I V. Flights and Obligations of Lessee i Alutllple Commercial Aeronarr(tcal Operations. Required improvements and accommodations necessary for avionics, instrument, propeller repair, aircraft mninicnance and aircraft rental lessee shall provides A minimum of 2,000 square feet of office and customer lounge that will Include realrooms, public telephones and be suitably provided with air conditioning. Lessee shill provide hangar space or lease a paved tic-down area with adequate recililies to park two (2) rental aircraft, and for any additional aircraft operated, and two (2) additional hangar spnces or paved tie-downs for avionics and maintenance activities, all with paved access to taxiways. Aircraft l►talalenanr and AvloalcaServicest Lessee shnll hold proper certificate to be certified as an FAA Repair Station and to conduct Avionics, Inslrunient, and propeller services ndvertised. Lessee shall provide efficient and trained personnel to adequately meet customer demands, but never less than one (1) person having proper FAA certification to provide services offered. Personnel may be assigned multiple responsibilitles to meet activities being performed. Lessce shall provide ccrti ficntes of Insurance for each aircraft In the amounts specified in Section ' X(I A of this lease agrecmcnl. Alin ll.&ulflh Lessee shall have available for rental, either owned or under written (case (a copy of such lease shall be provided to Ifte Cily ) at (east two (2) single engine alrcran with at least ono being capable of flight under Instrument conditions, and each FAA certificated and airworthy. Should Icninl sircraR become non-airworthy, lose FAA certification, or otherwise become Ineligible for public rental, Lessee will have nincly (90) days to replace or restoie aircraft in question. Lessee shall have In its employ and on duty during normal business hours, trained personnel In such numbers as to efficicndy meet customer demands, but never less than one (1) person having a license and rating and Is current In all models offered rot rental. Lessee shall provide an employee to be in nllcndance in the facility office during normal business hours. Lessee shall provide cerlificatcs of insurance for each aircraft In the amounts specified In Section I X11 A of this lease agrecmcnl. 26 i i l t t i AP* ft-ctqzp-L~L AGENDA INFORMATION SHEET AQMde Dell ' , AGENDA DATE: APRIL 6,1999 DEPARTMENT: Englneertag & Transportation CM/DCM/ACM: Rick Svebbt. Depoly Cky Manasseh ~S SUBJEM i CONSIDER AN ORDINANCE APPROVING A REAL ESTATE CONVEYANCE BETWEEN THE CITY OF DENTON AND STATE OF TEXAS, RELATING TO 0.507 ACRES OF LAND FOR THE EXPANSION OF U. & HIGHWAY 77 (PARCEL 11k AUTHORIZING THE EXECUTION OF THE DEED; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND: Parcel I I of the U.S. 77 Widening and Right of Way Acgnhdeloo Project is a portion of a tract that was acquired in IM by the City for the U.S. 77 Widening and Rlgkt of Way Acquisition Project. The entire western irks* end of a trail was aognirod to prevent development on a small island of land that is being traded with the realignment of Beaak Brae and dim looted the possible acew problem slog U. & 77 and Book Brae assoclatttl with that tract. OPTIONS: Not Applicable BECOMMENDATION, Stan recommends approval of the real stale conveyance betweess the City of Demtan and The Stale of Tesas of 0.507 acre of bead for widening U.S. Hwy, 77. PRIOR ACTION/REVIEW (Council. Boards Comrsiuiewl: The Planning & Zomlog Commission recommended approval on July 11,19!7. FI!j!rAL. NFO MATIOM The closing costs o(approaimately 5500.00. ~ i ISiL~L► 9 i i. ..i Attached ~ I ' l I it .1 u Itaepeethly nlNrttttd: J rk, Di aebr rr Vared D>> « holwmmmkm RI~4t-of-War Ain! M ' f ! V c, MO SCALE SITE i a, e a •n Y r x a Y r . i ~ LOCATION MAP 3 f, 1.4 Ile ~ p f r .y s F r s]] i 4t c If / d M 4•~, y h ~P BONrlIE BRAG ROAQ t' =IT/ MANS 4 i {I t it 1 Planning and Zoning Minutes July 23, 1997 Page 2 i Ms. Schertz: Are then any other nomnns@am? If them are note, nominations ate closed. We will vote on the nominees in the order of their nomination. I will We their name and { then after I om through If your WM raise your right hand If you an in favor. As m=y u an in favor of Jim Engelbrecht please aloe your right hand. (Vote - 3) As many u are In favor of Ellen Sdwm please raise your right hand. (Vote - 4) The new Chair person by majority Is Ellen Schertz. Thank you. For the second nominee we will be electing Vice-Chair person. The floor to open. Ms. Apple: I would like to nominate Bob Powell. Ms. Schertz: Are there any further nominations? Mr. Moreno: I would nominate Jim F.ngelbtecht. Ms. Schein: Are there any farther notalmdom? Seeing none, notninatlons are closed. AS many as are In favor of Bob Powell, pleas nice your right fund. (Vote - 4) Seeing then Is a majority, the new Vice-Cbdr person will be Bob Powell. Congratulations. M, Consider approval of the minutes of the July 9, 1991 meeting. Ms. Schema: Are then any corrections? Seeing none, the minutes will stand approved as written. IV. Consider making recommendation to the City Ccuted for ibe acquisition of the Right-o! Way for U.S, 377 from F.M. 2164 to I-33. Mr. Powell: That's not 377 but Is 77. Ms. Schertz: You are correct. Let the minutes reflect that. Mr. Powell: I would move that we recommend to the City Council the acquisition of Right-of-Way for US 77 from FM 2164 to 1.35. Ms. Gamer: Second. Ms. Schertz: Is there any discussion? All in Avor, pleue mine your right hand. Motion passes. (J-0) V. Consider nuking recommendation to the City Coumil for the acqubidon of the Right-of-'oil Way for Lakeview Boulevard. Mr, Powell: t move that we make recommendation to the City C=U fbr the acqulsitlon of the Right-of-Way for Lakeview Boulevard. Mr. Engelbrecht: Second. s t. 1. ' ~'dr0ti.~a~rwtt~n ~'.xr,r n wwrvwn ooc ORDINANCE NO. ]I]I] R AN ORDINANCE APPROVING 'A RE AL ESTATE CONVEYANCE BETWEEN THE CITY OF DENTON AND STATE OF TEXAS, RELAT 140 TO 0.507 ACRES OF LAND FOR THE EXPANSION OF U. S. HIGHWAY 77 (PARCEL ll) AND AUTHORIZING THE EXECUTION OF THE DEED; AND PROVIDP.70 FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Resolution 88-021 the City of Denton agreed to acquire and to provide all costs of the right of way for the widertir g of U.S. Highway 77, for the State of Texas, and having purchased 0.507 acres of land (parcel 11) as right of way and needing to convey such right of way to the State of Texas; and lWHEREAS, that the process for detertnWng the fair market value of the right of way above, as applicable, pursuan' to Section 272.001 of the Texas Local Government Code relating to the conveyance of property to a governmental entity that has the power of eminent domain, shall be followed in effectuadng this conveyance; NOW, THEREFORE, 1 THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION I. That the City Manager is hereby authorized to execute s deed between the City and the Stato of Tesa% acting by and through the Texas Transportation Commission, In substantially the form of the deed which is attached hereto and made a art of this ordi p nand for all purposes, for the conveyance of 0.507 acres of land for the expansion of U. S. Highway 77 (Parcel 11). SFCTION 11. That this ordinance shall become effective Immediately upon its passage and approval. PASSED AND APPROVED this the day of .1999. JACK :MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: j i t f f HERBERT L. PROUTY, CITY ATTORNEY BY: ~ 6c= j I f c cs . Texas Depamnent of Tmnryonatioo Pam D- IS- 14 i Pale 1 of S itee. 9/91 r DEED TIM STATE OF TEXAS COUNTYOF_n;ruanw KNOW ALL MEN BY THESE PRESENTS: That, Fhsnisy nt nanl.nn. a T&ysa Mitntrtnal Cnrpnra*lnri r of the County of . non tnn , State of Texts, here Wet referred to as Grantors, whether one or more, for and in twrulderut. of the'turn of nns net r ■r ane Mn cant a Donee i - nn ) to Ora tors In hand paid by the Slue of Tex ii, by aid throe~h the Texts Transportation Commission, reoelpt of which is hereby acknowledged, and for which no W G retained, ehher expreued or krTill t m the day Sold and by these presents do Gram, Bargain, Sell and Convey unit the State of Texas al th u tart in tract or parcel of ISM in County, Texas, rwx partlcularly describe.! In Ex- hibit "A," which Is attic teto and buorporated herein f" sty and ali purposes. SAVE and EXCEPT, HOWEVER, It is expressly understood and agreed that Grantoit are retaining title to the following imi,.ovements located on the pro" described In said Exhibit "A," hi wit: _V/a Orantots covenant arid agi"t ;o remove the above-described lntprovttnatts from saki land by the day of w1A 19_ , subject, however to such extensions of time at maybe granted by the Stale fii writing; and lt; for mY reason, Orantors fall or refuse to remove same within said period of time prescribed, then, without any further consideration, the title to all of any part of such knproverrmis not so removed shall pass to and veal in the State of Texas forever. Grantors reserve all of the oll, gas and sulphur In and under the land herein colveyed but waive all rights of Ingress and egress to the surface thereof for the purpose of exploring, develo~*S, mining or drilling for same; however, nothing in this reservation shall wt the" the titre and fights of the Sta a to take NW use ad other minerals and materials thereon, therein and thereunder. I I t (/j' 1 a t` 1 t t Tells Depasuctu of Tran,po cation Fore, D•IS-14 Pale 1 of S Raw. 9191 TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rl~}sis and appurtenances thereto In any wise belonging unto the State of Texas and its assigns forever; and Branton do hereby bind ourselves, our heirs, executors, administrators, successors and as- signs to Warrant and Forever Defend all and singular the said premises herein conveyed onto the State of Texas end its assigns against every person whomsoever lawfully claiming or to claim dw same or any part thereo%; by, through or under, but not otherwise. IN WITNESS WHEREOF, this Instrument U executed on this the day of --,19-. CITY OF DENTON, TFXA9 -_RYe 4!414444144414144114441444l4444444441414l4li444411.44444111441144l414ff44144444►4444 ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF BEFORE M8, the utdereipwd, a Notary Public, on this day personalty appeared ttrsowa to are (or proved to me on the oath of , a credible witnosaj to be the pecan(s) whose ame(s) is (are) subscribed to the foregoing Inswient and scknowledged to me that tiommVrey executed the Mme for the purposes and considemlos thereto eased. GIVEN UNDER MY HAND AND SEAL OF OFFICE, tlds day of Notary Public, Stara of Taus + My a mnission expires on to .fay of 1•U►4K44414l44444444444>1444444l441N 4!41!4!!444114l44NH414N441444M4141l41N44 CORPORATE ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF BEFORE ME, the undersigned, a Notary Public, on this day personally appeared of , known to me to be & person orrd of6.ee wbose name Is subscribed to the foregoing Instrument and ackwooledged to me that the sane war the act of the sold a corporsdoo, that behbe wu duly outhorieed to perform the same by appmpdsie resolution of the board of directors of ouch eorporotim And that behbe executed the owe as the ad of such corporodon for Che pu,posea and , orwMeration therein exprewed, and In dw apa:f y therein stsied, GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ~ . , day Nou,ry Pabtic, Slue of Taxis t My Commission expires on the day of 8 c c. ' Texu DIPAfternl of Tnnipoi ulaa Forth D-is-14 Pop 3 of 3 Rev. 9/91 1, After recording please return this Instrument to: CITY OF DENTON 221 N. Elm St. Denton, Texas 76201 Attni Paul Williamson e 'S x F Q ~O' IM CERTIFICATE Cif RECORDING THE STATE OF TEXAS, 1 COUNTY OF prmTom I l c EXHIBIT 'Aa County Denton Fags 1 of 2 Highway U.S. 77 Project Limits: From 1.H. U Rev. November 28, 1994 To U.S.380 CSJ: 0195-02• Account: FIELD NOTES FOR PARCEL u BEING A PARCEL OF LAND SITUATED IN A CALLED 39.361-ACRE TRACT CONVEYED TO ELECTRONIC DATA SYSTEMS CORPORATION RETIREMENT PLAN AND TRUST (EDS), RECORDED IN VOLUME 1881, PAGE 867. DEED RECORDS OF DENTON COUNTY, TEXAS (DROCTI, AND BEING SITUATED IN THE J.S. COLLARD SURVEY, ABSTRACT NO. 297, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING for reference at a found 61844 ch Iron rod being an angle point In the west line of a 23.212-acre I tract conveyed to Brion P. Catalano, Trust", recorded In Volume 2219, Pape 646, DRDCT, same bring In the east line of said EDS tee"; THENCE N 130 50' 36' E, along the west line of sold Catalano tract and the east WM of sold IDS tract, a distance of 688.13 feet to a point being the northeast comer of aid EDS tract In the existing south right of way line of U.S. 771 THENCE N 880 11'38* W, along the north line of sold EDS tract and existing south right of woy line of U.S. 770 a d;stanee of 11080.78 feet to a set 6/8dneh kon rod with an aluminum cap for the POINT OF BEOINNINO and being a point on the new south right of way line of U.S. 77, Iii THENCE N 894 43' 48' W, with solid new south right of way fine of U.S. 77, and crossing said EDS tract, a distance of 100.00 feet to a sot 6/0-Inch ken rod with on aluminum tap; 1 (2) THENCE N 580 11' 38' W, with said new south right of way line of U.S. 77, a distance of 120.00 feet to a eat 5/8-Inch iron rod with an aluminum cap, acme being on the new east right of way IlM fa Bonnie Seas Road, being in a non•tanpeni circular curve to the left haying 1 radius of 170.49 feet; 131 THENCE Southwesterly, along the new right of way rira of sold road, and said curve to the left, through a delta angle of 300 31'230, do art distance of 90.82 feet, and having a chord which bears S 120 18'20' W, a distance of 89.76 bat to a set 518-Inch iron rod with an aluminum cap being the point of tangency; 141 THENCE S 020 69' 21' E, along the new seat right of way line of Bonnie Bra Rood, a distance of 148.00 fat to a set 6/9-inch Iron rod with an aluminum up; l61 THENCE S 870 00'394 W, leaving the new right of way rind of said road, a distance of 39.56 fat to a eat PX nail with shiner being on the west property riM of said EDS tract end Mar the w went center firs of sold Bonnie Brae Rood; r (6) THENCE N 000 54' 02' F, along the +vast rind of said EDS tract, a distance of 43.27 fat to a 3 t. found 112-Inch Iron rod; (r \ PfUlAN 10 _ I c r EXHIBIT 'A' County Ematpp Papa 2 of 2 4 Highway U.S. 77 Project Limits: From I.H. 118 Rev. November 28, 1904 TO U.S. 3AD CSJ: Qi@S,-M- Account: FIELD NOTES FOR PARCEL t t I 171 THENCE N 260 04' 07' W. with the west line of bald EDS wet, a distance of 110.50 fm to a sort PK nd with "w, i (81 THENCE N 020 S0' 21' W, eroalnp add EDS but, s dWvm of 1.00 feet to • set PK nap with shiner, being on the new west right of wsy Ilse for Borrhfe Bra Read. and boring the bookininp of a circular curve to the right havi" a to" of 250.40 fat, (9) THENCE Northasteriy, dare add Curve to the right and aid new wet right of way Me for Bonnie Bra Road, through a delta ample of 340 14' 190, an are dlsbnt~ of 149.08 feet, and having a chord which bean N 14. 071480 E, s "u m of 147.47 few to a set 5!8-inch Mort rod V.!th on alurnimxn cap being on the new south right of way Brie of U.B. 77, 110) THENCE N 460 64' 20' W, along the new south right of way Arm of U.S 77, a dlstunes of 49.72 het to a sort 518-inch iron rod with an ak ndnuw cap same beft a point on the north Ana of sold EDS tract and the etdwkq south right of wily 14e of U.S. 77, (1 1) THENCE S $80 11' 38' E, borng a line oommon to the EDS but and U.S. 77, a dbtance of 347.20 fat to the POINT Of BEGMINMKl, and contaMlnp 0.507 am, or 22,101 egvsm feat of land, more or lee, of which 4548 square few resided in the praaiptve right of way of Bonnie or" Road. , John F. Wilder, R.P.L.S. JOHIVF. ON Tom No. 4285 WILDER 4285.,,~~, i eNl1lRV 11 1 S AP* NO. 3 AGENDA INFORMATION SHEET ~ hm"M AGENDA DATE: APRH. 6,1999 DEPARTMENT: Engineering & Transportation ~G, CM/DCM/ACM: Rkk Svehla, Deputy Cky Manaser 1 SUBJECT: CONSIDER AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND CHARLES R. JACKSON, RELATING TO THE PURCHASE OF 0.166 ACRE OF LAND FOR THE EXPANSION OF U. S HIGHWAY 77 (PARCEL 24); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND: ' I Mr. Jackson has executed a Real Estate Contract for the required rigN-of-way for &a U. S Highway 77 Widening Project. The coatract aasonnt of 591413.00 is based on the fair market value for the bud and improvements as determined by an Independent appraiser and reviewed by a separate appraiser for conformity and as required by the Tan Department of Transportation ('IX DOT). The Appraiser and Review Appraiser servieea were approved by the City Council in 1997 (Profs rbnal Services Coahscb). OPTIONS: Not Applicable 1 RECOMMENDATION: Staff recommends approval of the real estate contract between the City of Denton and Mr. Jackson for the purchase o( O.156 acre of land for widening U.S. liwy. 77. LWOR ACTION/REVIEW (Council. Boards. Commissiona): The Planning & Zoning Commission recommended approval on July 23,1997. FISCAL INFORMATION: The purchase price is $9,314.00 plus closing costs of approximately $500.00. r G h~ MAP: j / . Attached 1 I 1 it i ReipecdWy wbmuud: J407 rk, roeler Prepared by: eeir`9Tr risdss pam,o I I Paul WB NNM RiSMofw.y Asest L I 4 c H MO SCALE i 41 .g ~ V.7. W •M leM 111 1 i 'gym W w ~ LOCATION MAP 3 C U 12 4~ r CHARLES R, JACKSON VOL. PG. 6807 S.F.OR 0.156 AC. 1207 S.F.IN PRESCRIPTIVE RIGHT OF WAY OF RINEY ROAD REM. - 0.462 AC. a _ Ile fro %~N O" ~ Or`r S ~`1 ♦ k Approximate Ana of r \ Presorfpth a Right of Way e 12 4 1 in Riney Road to be Abandoned =T 51171 ~ p ( ~ ~ of, / / / / • r i • Q~ Prescriptive Iy o ay 115.00 In Riney Road ~ t . scale Y ■ 10' sne 4 t Planning and Zoning Minutes July 23, 1997 Page 2 Ms. Scheru., Are there any other nominadocs? If theca are none, nominations are closed. We will vote on the nominees in the order of their nomination. I will list their name and then after I am through if you will raise your right had if you are In favor. As many as are In favor of Jim Engelbrecht please raise your right hand. (Vote - 3) As many as are in favor of Ellen Schein please raise your right hand. (Vote - 4) The new Chair person by majority is Ellen Schertz. Thank you. For the second nominee we will be electing Vice-Chair person. The door Is open. Ms. Apple: I would like to nominate Bob Powell. Ms. Schertz: Are there any farther nominations? Mr. Moreno: I would nominate Jim FMalbr+echt. Ms. Scbertz: Are there any further nominations? Seeing none, nominations are closed. As many as arc In favor of Bob Powell, please raise your right hand. Note - 4) Seeing there is a majority, the new Vice-Chair person will be Bob Powell. Congratulations. III. Consider approval of the minutes of the July 9, 1997 meeting. Ms. Schertz: Are there any corrections? Seeing none, the minutes will stand approved as written. N. Consider making recommendation to the City Council for the acquisition of the Right-of. Way for U.S. 377 from F.M. 2164 to I.35. Mr. Powell: That's not 377 but is 77. Ms. Scbertz: You are correct. Let the minutes reflect that. Mr. Powell: I would move that we recommend to the City Council the acquisition of Right-of-Way for US 77 from FM 2164 to I.35. Ms. Gawr: Second. Ma. Schertz: is there any discussion? All In favor, please raise your right hand. Motion passes. (7-0) V. Consider making recommendation to the City Council for the acquisition of the Right-of- i Way for Lakeview Boulevard. ' Mr. Powell: I move that we make recommendation to the City Council for the acquisition of the Right-of-Way for Lakeview Boulevard. Mr. Eagelbreeht: Second. 5 0 c, . ORDINANCE NO. AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND CHARLES R. JACKSON RELATING TO THE PURCHASE OF 0.156 ACRES OF LAND FOR THE EXPANSION OF U. S. HIGHWAY 77 (PARCEL 24); AUTHORIZING TUc EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1• That the City Manager is hereby authorized to execute a Real Estate Contract between the City and Charles R. lackson, in substantially the form of the Real Estate Contract which is attached to and made a part of this ordinance for all purposes, for the purchase of 0.156 acres of land for the expansion of U. S. Highway 77 (Parcel 24). SECTION II• That the City Manager is authorized to make the expenditures as set forth in the attached Real Estate Contract. SFSMON l>3• That this ordinance shall become effective immediately upon its passage and appro val. PASSED AND APPROVED this the day of Ift JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBE6.T L. PROUTY, CITY ATTORNEY r rBY: ~t~ t tn` 6 { N I REAL ESTATE COe1T711CT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by and between CHARLES R. JACKSON (hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton County, Texas, (hereinafter referred to as "Purchaser"), upon the terms and conditions set forth herein. PURCHASE AND SALE Seller hereby sel" and agrees to convey, and Purchase: hereby purchases and agrees to pay for all that certain tract, lot or parcel of land described in Exhibit "A" attached with all rights and appurtenances pertaining to the said property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such real prop- erty, rights, and appurtenances being hereinafter referred to as the "Property"), together with any improvementa, fixtures, and personal property situated on and attached to the Property, for the consideration and upon ..nd subject to the terms, provisions, and conditions hereinafter set forth. Purchaser shall pay all cost for the removal, installation, construction, reinstallation, reconstruction, labor and materials for any and/or improvements located within the property described in Exhibit "A". Any improvements not removed by May 1, 1999 shall become property of the City of Denton, Texas. PURCHASE PRICE amount of Purchase Price. The purchase price for the Property shall be the sum of $90814.00 net, excluding taxes, liens, judgements, penalties and/or interest. 2. Payment of Purchase Price. The full amount of the Purchase Price shall be payable in cash at the closing. _ PURCHASER'S OBLIGATIONS I The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction of each of the following conditions any of which may be waived in whole or in part by Purchaser at or prior to the closing. ' 1. P;:eliminarv Title Report. Within twenty the date hereof, Purchaser, at Purchaser's sole cost 0andaexpenser shall h&ve caused the Title Company (hereinafter defined) to issue a owners policy commitment (the "Commitment") accompanied 7 ` c I ~I follows, which representations and warranties shall be deemed made by feller to Purchaser also as of the closing date: 1. There are no parties in possession of any portion of the tcoperty as lessees, tenants at sufferance, trespassers or other parties. 2. Except for the prior actions of Purchaser, there is no pending or threatened condemnation or similar proceeding or assessment or suit, affecting title to the Property, or any art thereof p nor , to the best kn w such o ledge and belief of Seller is any proceeding or assessment contemplated by any governmental authority. 3. To the best of the seller's knowledge, Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property thereof. , or any part 4. To the best of the seller's knowledge, there are no toxic or hazardous wastes or materials on or within the Property. Such toxic or hazardous wastes or materials include, but are not limited to, hazardous materials or wastes as same are defined by the Resource Conservation and Re,7overy Act (RCRA), as amended, and the Comprehensive Enviromental Response Compensation and Liability Act (CERCLA), as amended. CLOSING The closing shall be held at the office of Dentex Title ` Company on or before may 26, 1999, or at such title company, E time, date, and place as Seller and Purchaser may mutually agree E upon (which date is herein referred to as the "closing date"). CLOSING REQUIREMENTS 1. Seller's Requirements. At the closing Seller shall: A. Deliver to State of Texas, acting by and through the Texas Transportation Commission a duly executed and acknowledged Deed in the form as attached hereto as Exhibit "B" conveying good and marketable title to all of the Property, free and clear of any and ill liens, en:.ambrances, conditions, easements, asser mental and restrictions, except for the following: 1. General real estate taxes for the year of closing and subsequent years not yet due and payable; I r' AMOM ?l+6 9 2• Any exceptions approved by Purchaser pursuant to Purchaser's obli ations here- of; and 3• Any exceptions approved by Purchaser in writing. B. Purchaser to obtain a Texas Owner's Policy of Title Insurance at Purchaser's sole expense, issued by Dentex Title Company, Denton, Texas, (the "Title Company"), or such title company as Seller and Purchaser may mutually the agree upon, in Purchaser's favor in the full amount of purchase price, insuring fee simple title for the State of Texas to the Property subject only to those title exceptions listed in Closing Requirerents hereof, such other oxceptions as may be approvad in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Policy of Title Insurance, provided, however: 1. The boundary and survey exceptions , shall be deleted if required by Purchaser and if so requited, the costs associated with same shall be borne by Purchaser; I 2. The exception as to restrictive cove- nants shall be endorsed "None of Record"; 3. The exception for taxes shall be limited to the year of closing and shall J be endorsed "Not Yet Due and Payable"; 1 and 4 The exception as to liens encumbering Le Property shall be endorsed "None of Record". C. Deliver to Purchaser possession of the Property on the day of closing, 2. Purchaser's Requirement*, Purchaser shall pay the consideration as referenced In the "Purchase Price" section of this contract at Closing in immediately available funds. 3, Closing Costs. Seller shall pay all taxes assessed by any tax collection authority through the date of Closing. All other costs and expenses of closing In consummating the sale and rr purchase of the Property not specifically allocated herein shall be paid by Purchaser. ME008FE PAGE / 10 i s: I I I ~r I I REAL ESTATE COMMISSION All obligations of the Seller and Purchaser for payment of brokers' fees are contained in separate written agreements. BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property except Purchaser's default, Purchaser may either enforce specific performance of this Agreement or terminate this Agreement by written notice delivered to seller. BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in PURCHASER'S OBLIGATIONS having been satisfied and Purchaser being in default Seller may either enforce specific performance of this Agreement, or terminate this Agreement by written notice delivered to purchaser. - i MISCELLANEOUS 1. Assignment of Agreement. This Agreement may be assigned by Purchaser without the express written consent of Seller. -2. Survival of Covenants. ranties, covenants, and agreements nof the h partiesSeasawell saswany rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. 3, Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party. 1 4. Texas Law to. AGp1Y, This Agreement shall be construed under an in ordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. 5. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and j assigns where permitted by this Agreement. L ALE008FE PAGE S 11 i i i 6. Le al Construction. In case an one or more of the s.. visions contained n this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said in- validity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. 7. Prior Agreements Sueerseded. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or writtei: or oral agreements between the parties respecting the within subject matter. S. Time of Essence. Time is of the essence in this Agreement. 9. Gender. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otht,rwise. 10. Memorandum of Contract. Upon regniest of either party, both parties shall prompi2y execute a memorandum of this Agreement suitable for filing of record. 11. Compliance. In accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. 12. Time Limit. In the event a fully executed copy of this Agreement has neen returned to Purchaser within ten (10) days after Purchaser executes this Agreement and delivers same to Sel- ler, Purchaser shall have the right to terminate this Agreement upon written notice to Seller. t DATED this j day of S_F u~c , 19991- S ELLF.i_ ~ PURCHASER I THE CITY OF DENTON* TEXAS Charles ack on BY' Michael W. Jet , City Manager 215 E. McKinney ! r! Denton, Texas 76201 AEEooerr PAGE 6 12 ` c STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this day of , 199 by !Michael W. Jiz, City Hanager; of the City of Denton, a munic1pal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Denton, Texas, a municipal corporation, that he was duly authorized to perform the same by appropriate ordinance of the Cit3+ Council of the City of Denton and that he executed the same as the act of the said City for purposes and consideration therein expressed, and in the capacity therein stated. Notary Public n an or the State of Texas STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this day of 199 by Notary C c In an or the State of Texas 4 ~I ALrE008FL PACs 7 1 i .3 { rm DM&V OfTmlp,,,.go„ EXHIBIT "IS" Fmm D-13-i4 j ale 100 x... suet 4. DEED THE STATE OF Tmw COUNTYOP KNOW ALL MEN BY THESE PRESENTS: Thu, of rho County of , State of Tmas r w one or more, for and in coruidersdon of the sum of- he> iaa!!er referred to v Grrmtots, whether in bend paW by the Sturm of Texas - 1)oIIara (S ) to Grantors which le here rnc]awwl ' tnd t6rou~ln il;o 1'aottu ~Conrecelot of day Sold and dmae pmeaa~s' for w cl; no Iien Ti retairsed, eid>ar have dnfs tract or parcelof land in' L~"~ and Canvey unto she State ad Tezu eIl that certain hibit "A," which L saac]ted hereto Cry, Texas, more pardetduiy deaaibed in EX. and lr►rorporued he:etn for arty and all purposes, SAVE and EXCEPT, HOWEVER, it is exprdsly undetstood and +i d fhu Grantors 1-1 retaining title so she foQowtng irnprnvenunq located oe dte prtspmrty deacebed in said 9dribit "A," to Grwors covenant and agttx to tamot a t' I WU ftm MA and the 19 byihe Stue to vridng• and if""'' mob' however to such extenalon: oftime U nuy 6e gr time prescribed, then, without °nY Mason, Grantors tai{ or t to remove same c hln said emend of not so removed shall pus to anddvv~ In SimergdO'as tffl@ to Sor anY p°n of ouch btsprovemettu Grantors reserve all of the 00 gas and sulphur in and under he land herein coit"SelocalcatnJuse but waive all rights of ingress and egress to the su thereof for the purpo of exploring, devil S. mining or for same; however, nothing in this reservation shall eaff d the ride and dShis of the other minerals and materials thereon, therein arse thereunder. r r 1 14 Tone Depomew Of Tr", Poem D•13-14 Pe0:0(3 Rev, ONI TO HAVE AND TO HOLD the pYanises herein described and herein conveyed to t with all and singular the rights and agpirtmanom thereto in vq wire belonging unto the State of eras and in auigrm forever, and Branton do hereby bind ourselves, r)w heirs, exetvton, adrninistraton, suct esaon and as. Iigns to Wamnt and Forever Defend ill wW slnrdu the said Fernim herein conveyed unto the State of Texas and its assigns against MAY person whomsoever lawliMy claunieg or to clahtt the sane or any pan ~ thereof, by through or under, but not otherwise IN WITNESS WHEREOF, this huutunent Is executed on this the day of •aeeo~e.ooseeaeeeooeeaoaaeeesseeaeeeeeeaeeeaerroeo~eeoeeaeeoeeoeeeoisarreeaueer THE STATE OF TEXAS, ACKNOWLEDGMENT ' COUNTY OF r BEFORE ME, the uademipW. A Notary MC, oo fhb day partaatly appeared to tae on the oath of . kaoero to aye (or proved came(:) L (are) ruba11 1 W the r n1e~1 iamtaoeot and admowl • a aeddble wltonr,) to be the perroa(s) chose purposes sod commendoa tbmedo espretled. lo.: r drat hegbe/they executed the afro for the I U[VEN UNDER MY HAND AND SEAL of OFFICE. Ihde day of 19 Iftuy Pebaa. Step of rene Hy abmmiWoe oaphee ae die y of 19 •e•t.aearaeeaoeeereeaee«oeeeseeeeeeeae veeeeaeieeeeeaaaeawaeee~srreroeeee~eesorreo THE STATE OF TEXAS, CORPORATE ACKNOWLEDGMENT COUNTY OF I BEFORE ME, the uodendped, a Notary Public, as this day pusomlty appeued me to be the person ad officer whore aawe h sob mom to the fartgows koamumot sad kkw* Bpd to tla tee ~t ~ NOe was the an of the Bald duly sudwInd to puform the emw by r'PPMoms raroludoe of dun bond of drecton d nufi aPorlddon, that bahhe ovs eximted be to the ace of aec8 ooepotadro to the ptrr,~een ~ coodders doe thuedn eaprerea and to ~ N/As d9 Ora N UNDER MY HAND AVD SEAL OF Omcg, dtis r day of _ 19_ ( 4 Neery ►ettw, Iwo of rum my Commwoo expires m the day of iS i { v FaM D6MI4 Pap $ d 7 VA+. *PI After rftwdaj ptaN rdsm thh 6dr mupt bh csarnn"n or RWORDm M THE STATE OF TE (A8, COUNTY OF ' . t ~ irk 16 County Damon WIBIT'A' Highway U.S, 77 Pape 1 of I Project Limits: From j Rev. November 28, 1994 CSJ: 0196 To US, .,7110 .Ot Account: FIELD NOTES FOR PARCEL 2A 1,41NOA PARCEL OF LAND SITUATED IN A CALLED 0.818-ACRE PARCEL LAND CONVEYED TO CHARLES R. RECORDED IN VOLUME 1650, PAGE 214, DW RECORDS OF 91 WTON COUNTY, TEXAS IORD", IN THE ENHOMER A COUNTY, 81 SA AND BEIN13 MORE PSARTICLkARL DESCRIBEED~AS FFONi~; CITY OF OEfVTON, OENTON COMMENCING for reference at a found 112-Inch won rod for the rwtthust eeQ!1W of a hnl)ed 0.220-men parcel of land eoNwyed to Emory D. Greening, recorded in Vohum 898, Pape 787. IRVICT, acme west property line of Bald Jackson tact baW a point on the THENCE S 010 22' 99' E, along the am line of avid Groaning osm and wet One cf said Jackson trmct,.a distance of 129.88 feet to a sat 8184nch iron rod with an ak,minum pap bey the POINT OF BEGINNING, same being a point on the new north right of way One of U.S. 77, 111 THENCE S 580 11'36' E, alone the new north right of way Im of U.S. 7, a stance of 118-25 feet to a 9Mt PK nal with shknr on the east gee of sold JockW mist betng near the antarflne of Rh" Road; 121 THENCE S 260 39'28' E, with the "at 8ne of said Jsekson nut a4 I N contmrOns of said Riney Road, a &tsnce of 81.46 feet to a point being the southeast eomw of sald Jackson tract, acme being a point on the sAWng north right of way Me of U.B. 71 131 0 way Ilm of U S 1 77, a d ta 023 0 fm toil Ium*s r 1 /2.h- Iron rrooda for thi >t~v~W~t corner of said Jackson tract and bake the southeast comer of saki Gmenktp nu:t: 141 THENCE N 010 22' 99' W, with the fine coofmm to "W olackeon trut and said Gm a distance of 97.89 feet to the POINT OF BEGINNING and eatakhktg 0.158 stn, or 6, feet of land, of which 1207 equate feet resides In the preoodpUw Apia of way ofr good, more or lea. John F. Wilder, R.P.L.S. JOHN~F,tWIL Texas No. 4285 Date Q.,, 6 t4 6NMJIN•~ 17 Ne -014 AGENDA INFORMATION SHEET NO (P C1 AGENDA DATE: APRIL 6,1999 DEPARTMENT: Engineering & Transportation CM/DCM/ACM: Rick Svebla, Deputy City Minister SUBJECT., CONSIDER AN ORDINANCE APPROVING A REAL ESTATE CONVEYANCE BETWEEN THE CITY OF DENTON AND STATE OF TEXAS, RELATING TO 0.093 ACRES OF LAND FOR THE EXPANSION OF U. S. HIGHWAY 77 (PARCIIL 38); AUTHORIZING THE EXECUTION OF THE DEED; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND: Parcel 39 of the U.S. 77 Widealog and Right of Way Acgsdsidoa Project Is a portion of a tract that was acquired In 1982 by the City for the widening and e:tensloo of Windsor Drive from Hinkle Drive east to North Locust Street. The entire eastern end of a Maagle tract was acquired to allow for the street realignasest of Windsor Drive to U. S. i''7, to accommodate the necessary overland drainage stud to prevent developosent on it arall island of land. The additional Whsdsor Drive right of way acquisition at that doe eliminated the possible attest problem along V. S, 77, Windsor Drive and the portion of Old Sanger Road that was disconnected from Windsor Lrive. QffiONS; { Not Applicable RECOMMENDAinift Staff recommends approval of the real estate conveyaate belwm the City of Dealoo axed The State of Texas of 8.093 acre of land for widening U.S. Hwy. 77. PRIOR ACTION/RFYIEW l oupelL arils. Comnaluloosk The Planning & Zoning Commission recommended approval as July 23,1997. FISCAL INEORMATiON4 The closing costs of approslmotely SS00.00. R i t Attacbed keepecd6 y sabokled: inebar. Prepar~led by., selrL 'IYaase . Paul WYliaenaa Wt-of-Way Ageat I I E ! r;-`4 , c f I K NO SCALE SITE q ti >s Us. h•n Lffo U$ r+ L 04j.a ' w r r ~ i A y r i &%ar^ r Ab a w ~ - r IMP f LOCATION MAP I 3 i 'moo ov ':+li': C • r 1490 ~k !Z t'. O V ~ l ~ 1 h~1 s~ • ° ' EXISTWO S1T~ MIIM I'I . ~ J t I O,M n" - -prlf~prv 4 ORDINANCE NO. AN ORDINANCE APPROVING A REAL ESTATE CONVEYANCE BETWEEN THE CITY OF DENTON AND STATE OF TEXAS, RELATING TO 0.093 ACRES OF LAND FOR THE EXPANSION OF U. S. HIGHWAY 77 (PARCEL 38) AND AUTHORIZING THE EXECUTION OF THE DEED; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Resolution 8W21 the City of Denton agreed to acquire and to provide all costs of the right of way for the widening of U.S. Highway 77, for the State of Texas, and the City owning 0.093 acres of land (parcel 38) as right of way and needing to convey such right of way to the State of Texas; and WHEREAS, that the process for determining the fair market value of the right of way above, as applicable, pursuant to Section 272.001 of the Texas Local Government Code relating to the conveyance of property to a governmental entity that has the power of eminent domain, shall be followed in effectuating this conveyance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: $ECTIQNJ. That the City Manager is hereby authorized to execute a deed between the City and the State of Texas, acting by and through the Texu Transportation Commission, in substantially the form of the deed which is attnched hereto and made a part of this ordinance for all purposes, for the conveyance of 0.093 acres of land for the expansion of U. S. Highway 77 (Parcel 38). SECTION ]I. That this ordinance shall become effective imme,hately upon its passage and approval. PASSED AND APPROVED this the day of -01999. JACK MILLER, MAYOR ATTEST: )ENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 6 I i i t Tsus D.puboau at Tnnspertaim Poem D•15-11 Pop l of 7 Rev. "I DEED THE STATE OF TEXAS COUNTY OA n .NT(IN KNOW ALL MEN BY THESE PRESENTS., That, the City of Denton, a TexaZ Municipal Corcoratien _ I of the County of ac nton , State of Texas, hereinafter refemA to as Grantors, whether one or more, for and In consideration of therumof. Qne Dollar and Nn Cants Dollars 1 . on ) to Grantors In hand paid by the State of Texas, acting byy and through the Texas Transportation Commission, "49 of which Is hereby acknowledged, and for which no ben G retained, eider exprected or implied, hm this day Sold and by these presents do Grant, Bugain, Sell and Convey unto the Suite of Texas all that certain tract or parcel of ILA in na a County. Taw, mote particularly described In Ex- hibit "A," which Is attached hereto and incorporated herein for arty and all purposes. SAVE at:d EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retclning title to the following improvements Ixated on the property described in said Exhibit "A," to wit: N/A Grantors covenant and agree to tema+e the abovedesrnbed improvements from said land by the day of N/A ,19._ , subject, however, to such extensions of time as may be grated by the State In writing; and if, for any reason, Grantors fail or refuse to remove same within said period of ' time pre.acribed, then, without any fwth:r consideraton, the title to alp or any part of such Improvements not so removed shall pass to and vest In the State of Texas forever, Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of ingress and egress to the suhface thereof for the purpose of exploring, devel g, mining or drilling for sane; however, nothing in this reservation shall aff ct the title mid rights of the tare to take and use other minerals and materials thereon, therein and thereunder. 7 J\ I h Tsui Deparonwa of Trsaeponarion Forts D-MI4 Past 2 of 7 Rev. 9N 1 TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rig[~ts and apps unancea thereto in sny wise belonging unto the State of Texas and its assigns forever, and (Trantors do hereby bind ourselves, our heirs, executors, administrators, successors Lid u- signs to Warrant and Forever Defend all and singular the said pnmises herein conveyed unto the State of Texas and its assigns agsimt every person whomsoever lawf lyy c ' launing or to claim the same or any part thereof, bye through or under, but not otherwise. IN WITNESS WHEREOF, this instrument is executed on this the day of ,19_ . CITY fJF DENTON, TEXAS BYr 1►N4kl141N►1k►1klk44►MN1l4le1lU►14l1!lk44lNiMl114lM14k4!••e#e'e►•!•l1k4!llfk ~ ~I ACKNOWLEDGMENT THE STATE OF TEXAS, CO LWTY OF DM)RE ME, the undenlanrd, a Notary Public, on this day Personally appeared _ knows to the (or proved . to me on the oath of a taadi;+k wltmss,) to be the person(r) wbm name(s) is (are) subscribed to the foresoins l rwM is and adwwtedaM to sae that belaheA* exKu*d 1M same fat the purposes atd Coodderation tbercie expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, 9di day of .19_. Notary Public, Sow at Tau I I My C.cnrniuion expires an dr day of I tl__ . 4!►Rl1R1R1!l1ikF4►k11l11111k♦►1l4k1►♦fkll►lk144!!l41►f l4.414k41/1k4►l►14441l111!le11 CORPORATE ACKNOWLEDGMENT THE STATE OF TEXAS, J 1 COUNTY OF ) I BEFORE ME, the undenlV". a Notary Public, on this day penomlly appeared known to me to be the person and officer whose name is subscribed to the forc=oirts imutanest sail adtnowledaed to me *9 the same was the act of the said , a corporation, that behhs was duty suthorind to perform the same by rpproprim raoludoa of the board of Norton of such corporation and that bNMe execv led the same as aloe sa of wcb corporation f, r the purposes and coaddendm tbercin exprea hl. and in the ca acky i therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, tWs - day of Notary hoc, Stw of Tints My Commission rxpitea 00 -the day of _ ,19. s i ti c u ' Tow Depuamnt of Tnn"Oon Form D43-14 Page I of I Rev. 9/91 After recording please return this Instrument to., CITY OF DENTON 221 N. Elm St. Denton, Texas 76201 Attnt Paul Williamson I I I o ' t q < M ~tltl4 CERTIFICATE Or RECORDING THE STATE OF TEXAS, COUNTY OF. DENTON , I 9 t County )tea EXHIBIT 'A' H ghway U.S. 77 Pope I of 1 Project Umitr From L 0 Rev. October 27, 1994 To CSJ: 0195.02. Account: FIELD NOTES FOR PARCEL BEING A PARCEL OF LAND SITUATED IN A CALLED 0.395-ACRE TRACT OF LAND CONVEYED TO THE CITY OF DENTON, RECORDED IN VOLUME 1181, PAGE 104 (TRACT 2), DEED RECORDS OF uENTON COUNTY, TEXAS IDROCT), AND BEING PART OF THE DAVIS TRIANGLE ADDITION RECORDED IN CABINET J, PAGE 27, MAP RECORDS OF DENTON COUNTY, TEXAS IMRDCT), BEING SITUATED IN THE B.S.S. A C.R.R. SURVEY, ABSTRACT NO. 186, CITY OF DENTON, DENTON COUNTY, TEXAS, AND 6EING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING for reference it a set 618-Inch Iron rod for the southwest Comer of said City of Denton, Tract 2; THENCE S 880 40' 48' E, 910110 the south One of sold Tract 2, a distance of 301.83 feet to a set 618-Inch Iron ' rod with an aluminum cap for to POINT OF BEGINNING, being a point on the new south right of way Ihie of U.S. 77 and said point being on a non-tangent circular curve to the oft having a radius of 3759.72 foot; (11 THENCE northwesterly, along the new south right of way ling of U.S. 77 and said curve to Ulu left, through a delta angle of 000 56' 65', an are distance of 81,15 fat, end having a chord which bears N 860 13' 67' W, a dirsnce of 81.15 feet to a set 618-InCR Iron rod with an aluminum cop, ss?d point being the beginning of a reverse curve 10 the right having a radius of 3879.72 feet; 121 THENCE northwesterly, along the new tooth right of way One of U.S. 77 with sold curve to the right, through a delta Ingle of 014 5A' 05', an are distance of 128.7 lost, a chord which boors N 640 44' 62' W, a distance of 128.74 fat to 1 sot 518-Inch Iron od with an aluminum cep; , (3) THENCE S 840 44'050 W, with the new south right of way One of U.S. 77, a distance of 28.37 feet to a eat 618-inch Iron rod with an aluminum cap, said point being on the west line of sold Tract 2 and east right of way line of Wlndsa Drive (80-foot right of way), and being in I non•tsngent circular curve to the left having a radius of 570.83 fat; (4) THENCE nonhessteriy, along the west line of sold Tract 2 and aid curve to the left, through 1 delta angle of 040 45' 480, in are dlstena of 47.48 feet, and having a chord which bears N 460 26' 68' E, a distance of 47.44 feet to a point being the northwest Comer of said Trnet 2, and said point being on the exleting south right of way line of U.S. 77, and the test right of way line of sold Windsof Drive; ;51 THENCE S 680 18' 30' E, along a Ono common to sold Tract 2 end oxlWme south right of way One of U.S. 77, a distance of 211.20 feat to a point being the &"theist comer of said Tract 2; 161 THENCE N 880 40' 48' W, along the snuth line of said Tract 2, a distance of 13.87 fat to the r POINT OF BEGINNING, and contalnl 4;0,~09,3 acre, or 4,051 square fast of land, mote rx less. Joan F. Weldor, R.P.L.S JOF V,I „Fr Data Texas No. 4285 'p~•d lyC:q~'~J ~4~OY~ JI 9AN Atitl.MV _ k 10 r u ' Apube Ile 1 AGENDA INFORMATION SHEET Dslsl x ! AGENDA DATE: APRIL 6,1999 DEPARTMENT: Cogluttrfng & Trueportadon pp~~ CM/DC `M/ACM: Rkk Svehla, Deputy Cl,* Manater a SL=Crt CONSIDER AN ORDINANCE APPkOVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND JAMES FERGUSON OGELVY AND SUSAN P. OGILVY, RELATING TO THE PURCHASE OF 0.006 ACRE OF LAND FOR THE EXPANSION OF U. S. HIGHWAY 77 (PARCEL Sa); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORI AND PROVIDING AN EFFECTIVE DATE. BACKGROUND: Mr. & Mm Ogilvy have executed a Real Estate Contract for the required riOWway for the U. S. Highway 77 Widening Project The contract aaes.uat of WK00 Is based as the i fair market value for the lend and improvements se deem tishsed by am ladepa" j appraiser and reviewed by a separate appraiser for tombrmity mW se required by the Texas Department of Transported" (TX. DOT} The A,Vraiser and Review Appraber services were approvsd by the City Coesell it 1997 (Profeasi" Services. Comtraets~ OF] SONS: Not Applicable RKOMMEN DATION: Staff recommends approval of the real estate contract between the City of Deatom and Mr. & Mrs. Ogilvy for the purchase of 0.006 sere of lead for widening U.S. Hwy. 77. ` PRIOR ACPIONIRMEW (Council, Ag rdL Commissions): The Planning & Zomimg Commission recommended approval oe July 13,1997. FISCAL INFORMATION: The purchase price is WO-00 plus dosing cats of approdmately SS00.00. ALI MALI Attached i r C• c; AMpftMrYy "60ddw3 4 - 7 4 D l~r ~ Prepared byt Emomirl" • rruwrbWa hd wabo eer Risbt4--Wq Armt • 9 i t, h NO SCALE r ~r y ~ I A I x Y r rMm a x ` w ~I A~ t ~Ir~ t r LOCAY'10N MMM now" c II' I II J. % Jr!NES FERGUSON OGILVYj WIFE, SUSAN P, OGIL`!Y ; VOL. PG. 285 S.F, OR 0,006 AC. REM. • 0,234 AC. J. L, MERCER ADDITION 10 60 D BLOCK 1 LOT 6 LOT ■ 's L All ~ ! a % , y a ra i UT Sn• 1A In'IR Tes it . a.41 UT-l •HI MAIL .o: ' • w air t~ C ; i I W N 10.1~R A 1 • j CURVE I { t W I, DETAL ~I !11'1'! MAP 4 I r, u ' Planning and Zoning MwItea 7uly 23, 1997 Page 2 Ma. S; hertz: Are there 14 other nominations? If there ire now. nominations are closed. W the" e will vote on the twmibm In the order of their nomination. I will list their nsme and uc in facer I m through If You will raise your r4bt band V you in is favor. As many u In favor of Ellen Scheme pitue p y~ riyour ght right hand' (Vote • 3) As many are rsjyj by mAJority is Ellen Schein. Thsck you brad. (Vote • 4) The new Chair person For the second aomIlm we will be electing Vice-Chair person. 9 he floor is open, Ms. Apple: I would like to nominate Bob Powell. Ms. Schertz: Are there Any further nominations? Mr, Moreno: I would Dominate Jim Eagelbrecht. Ms. Schein: Are there any further nominations? Seeing none, nominations us closed. As tnany u are in favor of Rob Powell, piece raise your right hand, (Vote • 4) Seeing there is It mAJority, the new Vice-Cbsir person will be Bob Powell. Congratulations. M. Consider approval of the minutes of the July 9, 1997 meedag. Ms. Scraertz: Are them any corrections? Seeing none, the minutes will stand approved u written. N. Consider making recoauneDdsuc,n to tbs City Cot xU for the acquisition of the Right-of. Way for U.S. 377 from F.M, 2164 to 1-3$. Mr. Powell: That's not 377 but Is 77. Ms. Schertz: You are correct. Let the minutes reflect that, Mr, Powell: I would move that we recommend to the City Council the acquisition of Right-of-Way for US 77 from FM 2164 to 1.35. Ms. Gamer: Second. Ms. Schertz: Is there any discussion? All In (avor, place raise Your right hand. Modon passes. t7-0) V. Consider making recommeadxtiot to the City Council for the Acquisition of the Right-of- r Way for Lakeview Boulevard, Mr, Powell: I move that We nuke recommendation to the City Council for the acgtttlaaition r I ' of the Right-of•Way for Lakeview Boulevard, .Mr, EDgelbmcht: Second, S l~ ORDINANCE NO. I AN ORDINANCE APPROVING A REAL ESTATE CONTRAt, f BETWEEN 1?;E CITY OF DENTON AND JAMES FERGUSON OGILVY AND SUSAN P. OGILVY, RELATING TO THE PURCHASE OF 0.006 ACRES OF LAND FOR THE EXPANSION OF U• S. HIGHWAY 77 (PARCEL 53); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND E PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS- SECTION . That the City Manager is hereby authorized to execute a Real Estate Contract between the City and James Ferguson Ogilvy and Susan P. Ogilvy, In substantially the form of the Real Estate Contract which is attached to and made a part of this ordinance for all purposes, for the purchase of 0.006 acres of land for the expansion of U. S. Highway 77 (Parcel S3). , SECTION If. That the City Manager Is authorized to make the expenditures as set forth in the attached Real Estate Contract. SECTION II. That this ordinance shall become effective Immediately upon its passage and approval. PASSED AND APPROVED this the day of .1999. JACK MILLER, MAYOR ATTEST: JENNIi ER WALTERS, CITY SECRETARY bY: APPROVED AS TO LEGAL FORM; HERBERT L. PROUTY, CITY ATTORNFY 1 yL~ r BY: I 6 c I I REAL ESTATZ CONTRACT F' STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by and between JAMES FERGUSON OGILVY AND SUSAN P. OGILVY (hereinafter referred to as 'Seller") a.-Id CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton County, Texas, (hereinafter referred to as "Purchaser"), Upon th4 terms and conditions set forth herein. PURCHASE AND SALE Seller hereby sells and agrees to convey, And Purchaser hereby purchases and agrees to pay for all that certain tract, lot or parcel of land described in Exhibit "A" attached with all rights and appurtenances pertaining to the said property, including any right, title and interest of Seller in and to ' adjacent streets, 811c.6 or rights-of-way (all of such real prop- erty, rights, and appurtenances being hereinafter referred to as the "Property"), together with any improvements, fixtures, and personal property situated on end attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions hereinafter set forth. Seller shall pay all cost for the removal, installation, construction, reinstallation, reconstruction, labor and materials for any and/or improvements located within the property described in Exhibit "A". Any improvements not removed by MAY 1, 1999 shall become property of the City of Denton, Texas. PURCHASE PRICE ' 1. Amount of Purchase Price. The purchase price for the Property shall be the sum of $500.00. 2. Pay+~ent of Purchase Price. The full amount of the Purchase Price sba be payabn cash at the closing. PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to consummate thu transactions contemplated hereby are subject to the satisfaction of each of the following conditions any of which may be waived in whole or in part by Purchaser at or prior to the clrsing. r 1. Preliminar Title Report. Within twenty (20) days after A: c tt,e date erec f, seller, at Seller's sole cost and exrense, shall r fir' ' have caused the Title Company (hereinafter defined) to issue a owners policy commitment (the "Commitment") .ccompAhled by copies of all recorded documents relating to easements, rights-of-way, 7 ! c 1 1 3 etc., affecting the Property. Purchaser shall give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Commitment that the condition of title es set forth in the Commitment is or is not satisfactory. In the event Purchaser states the condition of title !a not satisfactory, Seller shall, at Seller's option, promptly undertake to 3iiminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within. ten (10) days after receipt of written notice, this Agreement shall thereupon be null and void for all purposesi otherwise, this condition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. 2. ;'urvU. Purchaser may, at Purchaser's sole cost and expense, ou`laln a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptab)e to Purchaser. The survey shall be staked on the ground, and shall show thu location of all improvements, highways, streets, roads, railroadu, rivers, creeks, or other water courses, fences, easements, and rights-of- way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. Purchaser will have ten (10) days after receipt of the survey to review and approve the survey. In the event the survey is unacceptable, then Purchaser shall within the ten (10) day period, give Seller written notice of this fact. Seller shall at Seller's option, promptly undertake to eliminate or modify the unacceptable portions of the survey to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, Purchaser may terminate this Agreement, and the Agreement shall thereupon be null and void for all purposes and the Escrow Deposit shall be returned by the Title Company to Purchaser. Purchaser's failure to 91:e Seller this written notice shall be deemed to be Purchaser's acceptance of the survey. 3. Seller's Compliance. Seller shall have performed, ob- served, and complied w t all of the covenants, agreementa, and conditions required by this Agreement to be performed, observed, and complied with by Seller prior to or as of the closing. i /A, ~ p n• Mr.OOM PAGE 2 I 4 { A REPRESENTATIONS AND WARRANTIES OF SELLER followa2e which erepresentations And warranties tshallr be adeemed f made by Seller to Purchaser also as of the closing dates 1. There are no parties in possession of any portion of the Property as lesseos, tenants at sufferance, trespassers or other parties. 2. Except 2or the prior actions of Purchaser, there is no assessmentror threatned suite affecting title nto or similar the P operty, or any part thereof, nor to the best knowledge and belief of Seller is any such proceeding or assessment contemplated by any governmental authnrity. regulationsie st tutes# rules it ndlrestrictlons lrelating i to cthe Property, or any part thereof. 4. To or hazardous wastes or materia'. on or owithin ~ the eProperty. toxic toxic or hazardous wastes or materials include, but are not limited to, hazardous materials or wastes as same are defined the Resource Conservation and Recovery Act (RCRA), as amend ended, and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), as amended. CLOSING The + closing such office Company on or before May 2A 199, a or at the company, timed date, and place as Seller and Purchaser may mutually agree upon (which date is herein referred to as the "closing date"). CLOSING REQUIREMENTS 1. Seller's Requirements. At the closing Seller shall: Texas Deliver Transportation o Commission tangduly arexecuted h athe nd acknowledged Deed in the form as attached hereto as Exhibit "B" conveying good and marketable title to all of the Property, free and clear of any and all liens, encumbrances, conditidna. easements, assessments, and restrictions, cxcopt for the followings AEE008FE PAGE 3 9 c u ' I. General real estate taxes for the year of closing and subsequent yeers not yet due and payable! I 2. Any exceptions approved by Purchaser pursuant to Purchaser's obligations here- oti and 3• AzY exceptions approved by Purchaser in writing. B. Deliver to Purchaser a Texas owner's Policy of Title Insurance at Purchaser's sole expense, issued by Deniex Title Company, Denton, Texas, (the "Title Company"), or such title company as Seller and Purchaser may W uaily agree upon, in Purchaser's favor !n the full amount of the purchase price, insuring fee simple title for the State of Texas to the Property subject only to those title exceptions listed in Closing Requirements hereof, such other exceptions as may a approve in -writing by Purchase:, and the standard printed exceptions contained in the usual form of Texas Owner's Policy of Title Insurance, provided, howeverr 1. The boundary and survey exceptione shall be deleted if required by ihirchaser and if so required, the costs eesociated with same shall be borne by Purchaser; 2. The exception as to restritAive cove- nants shall be endorsed "None of Record"i 3. The exception for taxes shall be I R limited to the year of .,losino and shall be endorsed "Not Yet uue and Payable"; and 4 The exception as to liens encumbering Le Property shall be endorsed "None of Record". C. Deliver to Purchaser possession of the Property on the day of closing. 2. Purchaser's Requirements. Purchaser shall pay the consideration as refer,.nce n t e "Purchase Price" secrion 2f this contract at Closir2 in immediately available funds. AEE000rt PAGE 4 l0 _ i r f 1 3. Closin Costs. Seller shall pay all taxes assessed by any tax collect on authority through the date of Closing. All other costs and expenses of closing in consummating the sale and purchase of the Property not specifically allocated herein shall be paid by Purchaser REAL ESTATE COMMISSION All obligations of the Seller and Purchaser for payment of brokers' fees are contained in separate written agreements. BREACH BY SELLER -In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property except Purchaser's default, Purchaser may either enforce specific performance of this Agreement or terminate this Agreement by written notice delivered to seller. i BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in PURCHASER'S OBLIGATIONS having been satisfied and Purchaser being in default seller may either enforce specific performance of this Agreement, or terminate #'his Agreement by written notice delivered to purchaser. MISCELLANEOUS 1. Assignment of Agreement. This Agreement may be assigned by Purchaser without the exress written consent of Seller. 2. Survival of Covenants. Any of the representations, war- ranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. 3. Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the came may be, at the address met forth beneath the signature of the party. 4. Texas Law to Apply. This Agreement shall bf construed under and`ln accordance w th the laws of tha State of Texas, and all obligations of the parties created hereunder are performable in Donton County, Texas. ACEOOBFE PAGE S 11 i e I c. . 5. Parties Bound. This Agreement shall be binding upon and inure to the bene t of the parties and their respective heirs, executors, administrators, legal representatives; successors and assigns where permitted by this Agreement. 6. Legal Construction. In case any one or more of the pro- visions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said in- validity, illegality, or unenforceability shall not affect any other: provision hereof, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. 7. Prior Agreements Superseded. This Agreement constitutes the sole and only agreement of-t a parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 8. Time of Essence. Time is of the essence in this Agreement. 9. Gender. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 10. Memorandum of Contract. Upon request of either party, both parties aha prompt y execute a memorandum of this Agreement suitable for filing of record. 11. CCoom_pliance. In accordance with the requirements of the Texas Real Estate License Art, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. 12. Time Limit. In the event a fully executed copy of this Agreement as not can returned to Purchaser within ten (10) days after Purchaser executes this Agreement and delivers same to Sel- ler, Purchaser shall have the right to terminate this Agreement upon written notice to Seller. YAZE008tE PAGE 6 12 c M f DATED this day of , 1999. SELLER PURCSER T~ CITY~ OF DENTON, TEXAS BY. awes F guson Oq vy Michael W. Jez City Manager 215 E. McKinney Denton, Texas 76201 oe" P, san P. Ogilvy STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before ma, on this day of , 1999 by Michael N. Jez, City Manager,-of the CIEy o Denton , a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument j and acknowledged to me that the same was the act of the said City i of Denton, Texas, a municipal corporation, that he was duly authorized to perform the same by appropriate ordinance of the City Council of the City of Denton and that he executed the same as the act of the said City for purposes and consideration therein expressed, and in the capacity therein stated. Notary Publ c and or the State of Texas ' STATE OF TEXAS COUNTY OF DENTON Th lrystrument is acknowledged before me, on this day of 4 , 1999 by James Ferguson ooilvv and Susan P Not o n an or -s~" ~,2~,teoL the State of Texas AE800art PACE 7 11 t 0 EXHIBIT 'A' County bantga Maps 1 of 1 Highway U.S. 77 Project Limits: From I.H. 36 Rev. Novsmbn 3, 1 094 TO U.S. ago CSJ: Q19g-02• Account: OIELD NOTES FOR PARCEL 13 E BEING A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO JAMES FERGUSON OGILVV ANO WIFE, SUSAN P. OGILVY, RECORDED IN VOLUME 883, PAGE 378, DEED RECORDS OF DENTON COUNTY, TEXAS (ORDCTI, AND BEING SITUATED IN 111E N.H. MEISENHEIMER SURVEY, ABSTRACT NO. 811, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING for rsforonce at a fancy comer being on the south property Me of sold OQilvy tract and the northeast corner of a treat of land conveyed to John C. Johnson and wife, Doris Been Johnson, worded in Volume 1408, Pape 42, DRDCT; THENCE N 886 29'07* W, along the south property On of Bald DOW that and the north One of said Johnson tract, a dlstanae of 180.12 foot to o sat 5/8-Inch Iron rod with an aluminum cop, being the POINT OF BEGINNINO, some being a point on the now asst right of way Eno of U.S. 77; III THENCE N 886 28' 07' W, along a Erts common to mill Ogilvy tract and said Johnaon tract, a distance of 1.85 feet to a found 1/2-inch Iron rod for the southwest comer of sold OBdvy tract, mid point being In the existing east right of way line of U.S. 77; 121 THENCE N 03611' 45' E, along a Me common to mid OgAvy treat and sx1ating cut right of way Me of U.S. 77, a diatom of 80.42 fen to o point being the northwest comes of said Optlvy tract from which a found 314-Inch lean pipe b"to a 036 11' 45' W, a diatom of 1.45 feet 1 (3) THENCE S 876 47'311' E, along the north of said Ogllvy tract, a distance of 8.81 feet to e found 1124th Iron rod, being on the new "a right of way lint of U.S. 771 (4) THENCE S 07.58' 13' W, along the now eat right of way fine of U.S. 77, s dlsnnao of 80.70 feet to the POINT OF BEGINNING, and containing 0.008 acrs, or 285 square feet of land, more or logo. ~ / ` Coe',.e~-.~ .eC(►a. FOB- .7* v- John F. Wilder, R.P.L.S. JOHN F. ~WI1OEq Data Tsars No, 4285 ~4,285 (tr. r aunsrv 14 cu haottarT s" 14ne D•1S•t4 r.e. t ~ s ttw. stun DEED 'fM STATB OF TEXAS COUNTY OF KNOW ALL MEN BY THESE PRESENTS; Thu, of the County of , State Of Texas, heraiaatter refernsd to as Gmntart, whether one or mom, for aid is aoasldemdon of the sum of hi hmd Paid by We Swe ofTetue, Mr-no thiough do Tan Trww~ )to nnson whiclh !s hemby sdatowledpd, atsd fae retalmd, either expressed at i~,r 0"~ X00 of d tract ay Sold and by these grassm do Grunt, Bargain, Setl Gad Cormy team tM State of Tan a~ ~thateoeetain hEt oApwhMid ! h emchedlarem Old any ~ Padcniady deta{bed to Ex. purposes. SAVE and EXCEPTr HOWEVER, it b expressly wrdmtood and speed that Gras>tms em rstikJng dde to did following lmprovemen s located an the Pte' described In said EAhibit "A," to wit: Grantors covenant and agree to ttarwve the above i mprovema ua from said laud by the 19 day of , sub jsa, however to mch eataett! xu of tithes sr htuy be gn~aae~" by the State in wrI ft ;end , for Any mason, ffrsthtott il~ or ralbri dh tsenove same whhln raid period of no soprrearro~ shall without my A , the title m• all or any part of nuh improvements put to and von In the Stm o(Tam An* Orantors reserve atl of the oil, f~esuu and sulphur In and under the lead ha vin bnt wAive All rights of ingress Ard egress to the suchce thereof ibr the purpose of o*oring, devel g, enithLhg at dtitlln for aunts; however, nothing In this rumsdon shall dka the tide ertd dSW of due tue to tale and we a other mitherata and mat ddA thereon, therein acid tbemm&r. F 15 - t Tend Drp""war or Tnagautlae Pone D-1!•14 Asp2of3 Rw.90i TO HAVE AND TO HOLD the pmmires hese;la described tad herein conveyed toSWw whh ell and $ singular the Tts and dw to in my wise belonging tmro the State Of Tan sad to m1pu forever, and dnuuors ~ind ourselves, out beirs, execution, adrsoWsmors, auceeasma and as. signs to Warant and Faever Deafend all and dnpW thees herein conveyed unto the State of dTteeu f. d is assigns a~alnsI every ram whamtoever y olahrdng at to CWM the sane or any pan IN WITNESS WHEREOF, Ilia Wtrnmem is executed an this the day of i a►r•►►•♦►ara►•►►ara►ar►aaaaraaaaaraaaaraalaaa►ra►arrara►larrarar•►arrrarrrl►rrararr■ THE STATE OF TEXAS, ACKNOWLEDGMENT COUNTY OF - BEFORE M$ the uodemisaed, a Notary Public, oe"day parooaity appesnd to rem on the oath of , to be to eat (or proved rhote bs witness.) tahhahhmy etaSoaLbed do ttw swan rue for ) the am L (ate) subswdW to the (Ongoing' raamab cod stJmowlmdsed to , a me than credible purposes and cooddaradm thrdn eqns"t i GIVEN UNDER MY NAND AND SEAL OF OFFICE, M day of Nair PuWk, Staw d Trau My G7orrmer~a~ aap4rs a eba V7 d ,19_x, ~ I I e•r••raarraaaaarrraaarraaarariarraasaraaaaaaaaasaeaaa►rrarbrra•wraararrarrrr i THE STATE OF TEXAS, CORPORATE ACKNOWLEDGMENT COUNTY OP BEFORE W the undersigned, a Notary Publla on tWS dey pmonoy Wpeaeed eat to be the Moon of , known to Moon and oMow ethos nun U r*ocdbW to the (mpleg in wnent and aetm *W pd to tam the the SUM was the act of the Said , a Ceepondon, that bahhm wu duly wdtatimd to pwfrett the mace by etppropdsta nfth dm of the baud of" sm tes of each eatpotr{ee mol the boU amm-l anted. San a dw ad of Suah cerpowea fat the pttepo m sad eaoddwWoe dhenie aapew d, sod In the aspiciry GiY12d I11QDEfl MY NAND AND SEAL Or OFFICA tttla ~ day of r Nary PAW. Sus of Trans 7 My Comm4Sloo eapha ea the day of i I 16 1 U , i { Tmu Dapunart of Tto*rry~ tom. a.u•u ' P"bs w s Rw. AD! Alter nc"al play return thy Wsouowat to: r t I b ~ 14 CUTMCATS Or itscom a THE STATE OF TEXAS, COUNTY OF ' I I P 1r r a Awh N& -P, AGENDA JNFOI(MATION SHEET AGENDA DATE: Apr116,1v99 DEPARTMENT: Engineering & Transportation CMrilCMIACM: Rick Svehls, Deputy City Manager SUBJECT: AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE 99-034 PROHIBITING PARKING ON SCHOOL. DAYS FROM 7,30 A.M. TO 3:30 P.M. ON TI IE NORTH SIDE OF SUN VALLEY DRIVE FROM THE EAST CURB OF STUART ROAD TO THE EAST CU:tB OF YELLOWSTONE PLACE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. BACKGROUND: Staff received a request in September 1998 to review traffic concerns at Ginnings Elementary School by Mary Helen Martin, Principal. Ordinance 99.034 was approved. Ms. Martin had requested that the No Parking be specified for school days from 7:30 a.m. to 3:30 p.m. Staff did net catch this detail in 99-034. This request amenes Ordinance 99.034 to those specified times. OPTIONS: 1. Approval 2. Disapproval RECOSIMENDATION: { r , Staff feels this would better serve the community and recommends no parking during these specified times. i PRIOR AQLON/REVIEW (Council. Boards. Commission 1 Traffic Safely Commission reviewed and approved the request at its November 0, 1998 meeting. W FISCAL INFORMATION Approximately $50 for adding these specified times to the already potted signage Respectfully submitted: i 7 lark, irector¢~ E needna Transportation i a i t Tra fi, Safety Commission Minutes - November 4, 1998 G A ITETI 03 REVIEW AND CONSIDER APPROVAL OF PROHIBITING PAM1NG DURING SCHOOL HOURS ON THE NORTH SIDE OF SUN VALLEY FROM THE EAST CURB OF STUART ROAD TO THE EAST CURB OF YELLOWSTONE, A ND CONSIDER A BUS LOADING ZONE DURING SCHOOL HOURS FOR THE SOL rH SIDE OF SUN VALLEY BETWEEN TM EAST CURB OF STUART TO THE WEST CURB OF YELLOWSTONEt Clark said this request was submitted nude by the Oianiags School Principal, Mary Helen Martin. She c.ITed staff 2 - 3 months ago to come and observe traffic during peak hours, especially the aflemoeo peak when people pickup their children. It is a fairly serious problem. This school was designed for half the children it has presently. Serious sacking occurs on. Stuart, actua ly blocking it completely. There is a major problem too on Sun Valley. Th r Stuart Road Project problems are probably going to have to be addressed from DISD. Hopefully, some of that will be coming to TSC for consideration. Suff added a but lane in this notice. However, the bus lane is already there by Ordinance on page 6 under Section $ of the School Zone Ordinance and staff apologizes for submitting It 'Ibe bus lane issue doesn't have to be discussed. Staff wanted to be sure the problem won't moved from one side to the outer This is a request for' no parking" on the north side of Sun Valley from the cut curb of Stuart Road to the Eut Club of Yellowstone, Basically, with buses there and parking on the north, people try to circulate back and forth, there isn't any room to get through there. The drop off comes out in front of the school at the intersection which is one of the things DISD will be addressing. This proposal vnU be taking one hue out to give more room to people can get through there. 1t will eliminate kids walking across the street from the parking on the north. Overall, staff feels Ni is positive and recommends approval of no parking on the north side of Sun Valley from Stuart Road to Yellowstone, Luce asked if the committee tad any questions. Wolters asked what times It would be posted. Clark said during school hours on school days befote 7:30 am, lad afler 3:30 p.m residents can park there es pee school zone ordinance. Walters sold not during the day. Clark said you can limit the hours, but It adds a lot of enforcement to it where people will came out and move their can like on the square. That are too few politemen to enforce It Staff is tryiteq to make it as simple is pots b4. That Is an option, and It TSC decides to do dun, staff will look up the hours on the others and nuke it similar. Hobdy asked it the residents in this area were swot of the possible change. Clark said yes. They were entitled by the school the early pan of lut wok. Ridem asked if there were any objections, Clark uld no, Luce ailed itanyoae was present to speak In favor of the request No one came forw4 Luce asked if anyone wu present to speak against the request No one came forward Discussion closed. STAFF RECOMMEND: Approval COMMISSIONERS: Riders made a motion to accept sulfrecotttmeadation Walter seconded she motion. Motion pasted unanimously. Page 2 of 11 2 1 L t 1 . ~ ~tesrtar~ fr/tool 820 Sun A,* Denton, Tuae 78201 October, 1998 City of Denton Traffic Safety Board: In September I made a request to your department for assistance with traffic and safety concerns at Glnnings Elementary. Jerry Clark (City of Denton Staff) and Gene Holloway (DISD Transportation Director) met with me to discuss the concerns and share their recommendations. Based on our discussions the best Interim course of action pending a permanent resolution with our proposed construction in 1999.2000, Is to petition the city for a change in parking status on the north curb of Sun Valley across from the school. This proposed change would make the north curb a "no parking" zone during school hours. We are requesting consideration for a "no parking" zone on Sun Valley across from Ginnings Elementary during school hours. A letter was sent on October 18, 1998 to property owners to make them aware of this request.tAwachmeM ri; This fall the district will review plans for a permanent solution for the tafety and traffio concerns at Ginnings. Consideration will . be given to a bus lane additional staff parking, parent pick up, dnd ADA compliance Issues. Attached is the most recent site plan for your review. (Attachment e2) If additional information is needed by this board, please do not hesitate to contact me at (940) 387-3848. Sincerely, Mary Helen Martin Principal oc: file Norm Sisk, DISD Director of Operations t { Attachments (2) e it r ~ ti ~ Palern~,r~y. e!'~rooL e2Q Bun VaiNy ~ i DoMm. rixa 70201 I October 18, 1998 <Property Owner: Ginnings Elementary requested a review by the City of Denton's Engineering and Transportation Division regarding the traffic congestion and subsequent safety concerns It poses during school hours. Ater this preliminary study the city recommended that we seek a change in parking on the north side of Sun Valley. The request, If approved, will designate the north curb of Sun Valloy directly across from Ginnings Elementary as a "no parking" zone during school hours. This matter will be discussed in the Traffic Safety Meeting scheduled November 2nd at Denton City Hall. Ginnings Elementary will continue to seek a permanent solution to this trafflo concern as a part of the district bond projects planned for 1999.2000 . school year, If you have questions or concerns, please contact me at Ginnings Elementary. Sincerely, w Mary Helen Martin Glnnings Elementary s v~. lO ao AJ+Vt N0.U14 P.0= ~n<Rr Sao MwvIG Lair O~p PLAY OWINO PAPJ*G LOT e f - GINNING$ Ri.VMON7ARY Mf! ,bEH10N !SD AMNEX ' 1ELr81y-J82»4537 ' 6 Oct 15 48 15rQ3 fln n~~ i I f _ ...,,g=.._r3►,1,,~ a _ "1 HLRCIJLES. I Ii na'ail_JIL.~I 1 r 1 °I e`• 1- i X11 ; iff'►~'~` 1 ~ OIi 04 1 ti ~ r 11 ..t 11 ` I ° ~ 1 i e a 15UN Y L Wpl ~I {II 1 Gj' Gy•'/ I L,' ' w / H LN n I' I ii ❑ e ° 1'~V.. '~J\' ° ' a r \i f N IV e le, 1~ 0 1 '1 FC~~1~ ~ o f k\ ti G 'Il L4 1 t 0 1 1 N+ ~ di l 1 44 t+ ' ~.a`~-~' " -~r:,:faf~ y► ►+I r' 1 t o a 1 1~ I j 904 : pip. -2. 3 n',O_ Qi I, ciiJ Ct~e~l 07 ~p 1 t0 I ~ _ I I 14 ?SCALIZ 1' Zoo FT. a I t. i i u ORDINANCE NO. -,6, y AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITING PARKING ON THE FORTH SIDE OF SUN VALLEY DRIVE FROM THE EAST CURB OF STUART ROAD TO THE EAST CURB OF YELLOWSTONE PLACE; 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: SECTION I. That when signs or markings are in place giving notice thereof, no parson shall park a vehicle at any time upon the following street in tl.e City of Denton: On the north side of Sun Valley Drive from the east curb of Stuart Road to the east curb of Yellowstone Place, SECTION U. That the provisions of Section I prohibiting the parking of vehicles shall apply at all times to the designated portion of the above named street or streets except when it to necessary to slop a vehicle to avoid conflict with other traffic or in compliance with the direction of a police officer or official traffic control device. SECTION I11. 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 Evil force and effect. SECTION IV. That if any provision of this ordinance or application thereof to any person or circumstance Is held invalid, such invalidity shall not affect the other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION V. That any person adjudged guilty of puking a vehicle in violation of this ordinance shall be guilty of a misdemeanor and punished by a fine not to exceed Two Hundred Dollars ($200.00). SECTION VI. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary Is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newt:psper of the City of Denton, Texas, wtth:n ten (10) days of the date of its passage. PASSED AND APPRO%'FA this theday of , 1999. i J JACK miLAK MOOR 7 C' i ATTEST: JENNIFER WALTERS. CITY SECRETARY BY: APP VED S TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: IdrMdgrlOlOw ~oermr r'"NO P"14 lr VA"b I. A'r f ~ .t 8 Page 2 t 1 ORDINANCE NO. I AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE 99-034 j PROHIBITING PARKING ON SCHOOL DAYS FROM 7:30 Ah4. TO 3:30 P.M. ON THE NORTH SIDE OF SUN VALLEY DRIVE FROM THE EAST CURB OF STUART ROAD TO THE EAST CURB OF YELLOWSTONE PLACE; 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: SECTION 1. That when signs or markings are in place giving notice thereof, no person shall park a vehicle on school days from 7:30 a.m. to 3:30 p.m. upon the following street In the City of Denton: On the north side of Sun Valley Drive from the east curb of Stuart Road to the east curb of Yellowstone Place, SECTION 1_1. That the provisions of Section I prohibiting the park-lug of vehicles shall apply on school days from 7:30 a.m. to 3:30 p.m. to the designated portion of the above named street of streets except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the direction of a police officer or official traffic control device. SECTIOKIL That all provisions of the ordinances of the City of Denton in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Denton, not in conflict with the provisions of this ordinance, shall remain In full force and effect. SECTION IV. That if any provision of this ordinance or application thereof to any person or circumstance is held Invalid, such invalidity shall not affect the other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION V. That any person adjudged guilty of parking a vehicle in violation of this ordinance shall be guilty of a misdemeanor and punished by a fine not to exceed Two Hundred Dcliars ($200.00). SECTION VL That this ordinance shall become effective fvu teen (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-Chronlete, the otlicW newspaper of the City of Denton, Texas, within ten (10) days orthe date of its passage. PASSED AND APPROVED this the day of .999. ' - e r )ACK MILLER, MAYOR i n I 4 F I k ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L, PROUTY, CITY ATTORNEY }f , BY: 1 MrMdWAI!M AaMQMw~UM1N Mly 1wVAq M f t { Page 2 l M _r NAM AGENDA INFORMATION SHEET AGENDA DATE: Apri16, 1999 DEPARTMENT: Electric Utility Q,~ ACM: Howard Marlin, Assistant City Manager for Utilities * 4" SUBJECT CONSIDER ADOPTION OF AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR TO EXECUTE A FOURTH AMENDMENT TC THE EXISTING AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS UTILITIES ELECTRIC COMPANY EXTENDING THE TERM THEREFOR FOR AN ADDITIONAL SIX MONTH PERIOD; FINDING AND DETERMINING THAT THE TWO MEETINGS AT WHICH THIS ORDINANCE IS PASSED ARE OPEN TO THE PUBLICAS REQUIRED BY LAW; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR ACCEPTANCE OF THE AGREEMENT BY THE TEXAS UTILITIES ELECTRIC COMPANY AND PUBLICATION OF NOTICE OF THE PASSAGE OF THIS ORDINANCE, BACKGROUND Due to the heavy workload, staff has been unable to conduct negotiations regarding the draA Franchise Agreement that has been provided to both Texas Utilities and CoServe, This I extension will allow sulticient time for completion of negotiations. OPTIONS; None l RECOMMENDATION: Staff recommends extension of the existing Franchise Agreement with TU Electric, ESTIMATED SCHEDUL 9F TIjE PROJM Completion by Scptembcr 1, 1999. PRIOR ACTIONLREVIEW (Council. Boards. CwmbiMi) None i i 1 c. 1 f FISCAL INFORMATION None Respectfully submitted: bilk, Cc AASharon Mays Electric 1)t±lity Director Exhibit 1: Ordinance Exhibit It: Contract Exhibit l ll: Amendment I 2 i r Illi I II Ilil i ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOr, TO EXECUTr A FOURTH AMENDMENT TO Tllq EXISFINO AGREEMENT BETWEEN THE C; OF DENTON AND TEXAS UTILITIES ELECTRIC Ct !PANY EXTENDING THE I M THEKEFOR FOR AN ADDITIONAL SIX MONTH PERIOD; FINDING AND DE71 .MINING THAT THE TWO MEETINGS AT WHICH 'PHIS ORDINANCE IS PASSED ARE 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. WHEREAS, Texas Utilities Electric Company (hereinafter called "Company") Is engaged In the business of providing electric utility service within portions of the City of Denton (hereinafter called "City") and is using the pubae streets, alleys, grounds, and dghts•or•ways within the City for that purpose under the terms of an Agreement, approved by Ordinance Number 87.186 duly passed on October 20, 1987; and thereafter amended by Amendment Number One to the Agreement Belwcen the City of Denton and Texas Utilities Electric Company, approved by Ordinance No. 93.133 arty passed on July 27, 1993; and thereafter further amended by Amendment Number Two to :he Agreement Between the City of Denton and Texas Utilities Electric Company, approved by Ordinance No. 97.277 duly passed on September 9, 1997; and thereafter amended by Amendment Number Three to the Agreement Between the City of Denton and Texas ltilities Electric Company, approved by Ordinance No, 98.259, duly passed on September 1, 1998; and WHEREAS, the City and Company desire to amend said Agreement as previously , amended by said Amendments Number One, Two, and Three, to continue the term of said Agreement by extending same for an additloral six (6) month period; NOW, THEREFORE, TI IL COUNCIL OF THE CI 1Y OF DENTON I IEREBY ORDAINS: $E, TION 1. That the Mayor Is hereby authorized to execute "Amendment Number Four to the Agreement between the city or ckwon and Texas Utilities Electric Company" for the use of City streets, which Is attached hereto as Exhibit "A" and Incorporated by reference herawith. SI;CT1011 11. That it is officially found and determined that the meetings at which this ordinance is passed are open to the public as required by law and a public notice of the time, place, and purpose of said meetings was given as required by law, $M'ION 111 That the City Secretary Is hereby directed to affix a copy of this ordinance t to ordinance Number 87.186 and Inscribe thereon the notation that the Agreement has been l l amended a fourth time with the adoption of this ordinance, 3 r c. ' s r SECTION IV. That LEs ordinance shall take effect Immediately from and after its passage, publication, and acceptance by Company in accordance with the provisions of the Charler of the City of Denton, and is accordingly so ordained. SECTION V. That Company shall, within twenty-one (21) days after the passage of this ordinance, file in the office of the City Secretary of the City of Denton, Texas a written Instrument signed and acknowledged by a duly authorized officer, in substantially the following form, to wit; (a) To the Honorable Mayor and City Council of the City of Denton: The Grantee, Texas Utilities Electric Company, acting by and through the € undersigned authorized officer, hereby accepts Ordi..ance No. extending the term of the existing Agreement with the City of Demon. TEXAS UTILITIES ELECTRIC COMPANY By: Senior Vice President ATTEST; Secretary Executed this the day of .1949. , (b) The acceptance shall be duty acknowledged by the person executing the same. In the event the acceptance is not filed within the twenty-one (21) day period, this ordinance and the rights and privileges hereby granted shall terminate and become null and void. W (c) The City Secrclary shall cause a notice of the passage of this ordinance fairly stating the substance hereof to be published once each week for two (2) consecutive weeks In the official newspaper of the City of Denton, 'T'exas. The Company shall pay the costs of publication of sdch notices. PASSED AND APPROVED this the day ui _,1949. i I.- JACK MILLER, MAYOR 4 c. k I ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEOAL FORM: l HERBERT L. PROUTY, CITY ATTORNEY ©y( y The city or Denton, 'T'exas, acting herein by Its duly constituted tathoritiy~, hereby declares the foregoing Ordinance passed on first reading on the day of A t r - , 1999, are-1 finally effective as of the day of ,1999. Jack Miller, Mayor Ron[ Heasley, Council Member Mark Burroughs, Council Member Mike Cochran, Council Member Neil Durrance, Council Member Sandy Krisloferson, Council Member f t Carl 0. Young, Sr., Council Member 7 he above and foregoing ordinance re adopted on first reading and passed to second reading &Ad by the following voles, this the d, rr of j,Ut,l~ 1999, at a regular session of the City Council. r Jack Miller, Mayor, voting , Ron[ Beasley, Couneti Member, votinga"__. Mark Burroughs. Council Member, voting S c c. Mike Cochran, Council Member, voting Q~- Nell Darrance, Council Membe,, voting Q~ Sandy Krisioferson, Council Member, voti»g 11 L._. Carl 0. Young, Sr., Council Member, voting Ole The above and foregoing ordinance read, adopted on second reading and passed by the following votes, this the day of 1499, at a regular session of the City Council. Jack Miller, Mayor, voting Ronl Heasley, Council Member, voting Mark Burroughs, Council Member, voting Mike Cochran, Council Member, voting iqeil Durrance, Council Member, voting , Sandy Kristoferson, Council Member, voting Carl 0. Young, Sr., Council Member, voting STATE OF TEXAS § § COUNTY OF DENTON § 1, Jennifer Walters, City Secretary of the City of Denton, Texas, do hereby certi''v that the above and foregoing is a true and correct copy of the Amendment Number Four to the Agreement Between the City of Denton and Texas Utilities Electric Company pi rtaining to street rental, as indicated F•:cln. The same Is now recorded as Ordinance Number In the Ordinance Records of the City of Denton, Texas. WITNESS MY HAND this the day of 1999. Jennifer Walters, City Secretary (SEAL) Sow Dauroenu`0d1n1Ntit991TUGC rauM Mmmdmnl Toe 6 1L AMENDMENT NUMBER FOURTO THE AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS UTILITIES ELECTRIC COMPANY WHEREAS, Texas Utilities Electric Company (hereinafter called "Company') is engaged In the business of providing electric utility service within portions of the City of Denton (hereirafter called "City") and is using the public streets, alleys, grounds, and rights-ef--way within the City for that purpose under the terms of an Agreement, approved by the City Council of the City of Denton, Texas in Ordinance No. 87.186. duly passed on October 20, 1987; and thereafter amended by Amendment Number One to the Agreement Between the City of Denton and Texa_e Utilities Electric Company, approved by the City Council of the City of Denton, Texas In Ordinance No. 93.133, duly passed on July 27, 1993; and thereafter amended by Amendment Number Two to the Agreement Between the City of Denton and Texas Utilities Electric Company, approved by the City Council of the City of Denton, Texas In Ordinance No. 97.227, duly passed on September 9, 1997; and thereafter amended by Amendment Number Three to the Agreement Between the city of Denton and Texas Utilities Electric Comptuty, I approved by the City Council of the City of Denton, Texas In Ordinance No. 98259, duly passed on September I, 1998. f WIIEREAS, the Agreement, as previously amended, terminates on March 31,1999; and WHEREAS, the City and Company desire to amend said Agreement, as amended by said i Amendments Number One, Two, and Three, to extend the term of sold Agreeracnt for an I additional six (u) month period, and to keep sold Agreement in continuous force and effect; rr, NOW, TI IEREFORE, THE PARTIES AGREE AS FOLLOWS: SECTION 1, That Section 10 of the Agreement Is hereby amended to read as follows: 10. This Agreement shall terminate on September 30,1999. 7 J1 c r ' 1 SECTION 2, That in all respects, except as specifically and expressly amended by this document, the said Agreement heretofore duly passed and approved by the City Council of the City of Denton, Texas and duly accepted by Company; aad as amended by Amendments Number One, Two, and Three to said Agreement heretofore duly passed and approved by the City Council of the city of Denton, Texas and duly accepted by Company; shall remain and continue In full force and effect, w thout lapse, for all purposes pertinent EXECUTED in duplicate original counterparts this the day of 1999. CITY OF DENTON, TEXAS JACK MILLER, MAYOR ATTEST: I JENNIFER WALTERS, CITY SECRETARY By. APPROVED AS TO LEGAL FORM: I IERBERT L. PROUTY, CITY ATTORNEY d r. By: 8 I { 4 u 3 1 I w TEXAS UTILI'llk. ELECTRIC COMPANY By: SENIOR VICE PRESIDENT ATTEST: By: S 10w Doeumen4lConCSCUV9~iUELStrtel IlenW A~mN• Ilh I{mmQ dot 9 i t Apeede ks* - pew AGENDA INFORMATION SHEET AGENDA DATE: April 6, 1999 DEPARTMENT: Utility Administration ACI I: Howard Marlin, Assistant City Manager/Ui ili ties SUBJES) ; An ordinance of the City of Denton, Texas, authorizing the Mayor to execute an, agreement with the University of North Texas wherein the University of North Texas furnishes services and facilities in connection with the project generally known as "environmental condition on-line UFW Metroplex (ECOPLEX)'; approving the expenditure of funds therefore; and providing for an effective date. $ACKGROI~ND# Denton and UNT submitted the ECOPLEX proposal to EPA on September 21, 1998. The objective of this project is, through the use of both innovative and proven environmental monitoring technologies, to collect real time and time relevant environmental data which will be used to inform the citizens of the City of Denton, the Elm Fork Watershed, and the Dallas/Fort Worth metropolitan area of current, historical and near-term forecasts of environmental conditions to which we are exposed. This information will be provided to the public through an internet website. This grant was one of eight grants awarded nationwide. A variety of real time monitors are proposed for development and deployment in this proposal. The real time monitors proposed are clam gape, physical-chemical water quality parameters (pH, temperature, dissolved oxygen, conductivity), predicted chlorophyll, wind speed, air temperature, rainfall, ozone concentrations, ultraviolet light levels, and air clarity. The parameters, clam gape, pH, temperature, dissolved oxygen, conductivity, predicted chlorophyll, weather parameters (air temperature, rainfall, wind direction and velocity) will be monitored at the Lake Lewisville and Pecan Creek sites. The ozone concentrations, ultraviolet light, and air clarity parameters will be monitored at the ELSAT building. This grant will help provide awimated watershed monitoring equipment that would have taken years to provide and install in the absence of this funding, t r C~ 4 ESTIMATED SCHEDULE OF PROJECT: Final project completion date October 2000. PRIOR ACTIONIREVIEW: The Public Utilities Board approved the contract on March 1, 1999. ACAS. INFORMATION; i The total project award is $484,867. The subcontract to UNi' is $160,943. Respectfully submitted: Voward Martin Assistant City Manager Utilities Prepared by: VI ter Di r astewater Utilities : Ordinance Exhibit II: Contract 5 1 ' . i 2 t . f , M ORDINANCE NO. AN ORDI~1 CE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE LN AGREEMENT WITH THE UNIVERSITY OF NORTH TEXAS WHEREIN THE UNIVERSITYf OF NORTH TEXAS FURNISHES SERVICES AND FACILITIES IN CECTION WITH THE PROJECT GENERALLY KNOWN AS "ENVIRONMENTAL C CITION ON-LINE DFW METROPLEX (ECOPLEX)"; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas ('CITY*), in cooperation with the University of North Texas (*UNTO), submitted a proposal ("ECOPLEX") to and heretofore received an Environmental Monitoring tot Public Access and Community Tracking Grant ("EMPACT Grant') from the Environmental Protection Agency ("EPA") for a total of $484,867; and WHEREAS, the ECOPLEX proposal involves collecting, compiling, and posting real-time and time relevant environmental data for easy access by the Citizens of Denton, the Eln Fork watershed, and the rallas/°t. Worth metropolitan area via an internet website; and WHEREAS, UNT materially and substantially can assist the CITY in the development and operation of the proposed time relevant monitoring systems and in the development of an Internet communication system; and WHEREAS, UNT's Elm Fork Education Canter can develop { curriculum, conduct presentations, and offer workshops educating the public on ho to use and interpret real time and time relevant environmental information on the Elm Fork watershed; and WHEREAS, UNT can further assist the CITY in developing reports, curriculum packages, training materials, and technical publicatior9 disseminating information about the Prototype Time Relevant Monitoring System developed by the project; and WHEREAS, the CITY desires to enter an Agreement for UNT to perform services and furnish facilities as provided in the attached Agreement Between the City of Denton and the University of North Texas (Institute of Applied Sciences) for Services in Connection with the Environmental Monitoring for Public Access and Community Tracking Grant (hereinafter "AGREEMENT"), which AGREEMENT is in the nature of a subcontract, in the amount of $160,943, to be paid solely from the total EMPACT Grant amount of F, $484,867; and ( J; WHEREAS, UNT desires to enter into the Agreement with the CITY and is willing perform the above-mentioned duties and responsibilities; and n 3 EXHIBIT I e WHEREAS, the City Council has determined that it is in the public interest of the City of Denton to enter into this AGREE4,'NT with UNT, as UNT can readily provide the necessary services aid facilities in an efficient and cost-effective manners NOW, THEREFOR, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council hereby approves the AGREEMENT attached hereto and incorporated herewith by reference, between the CITY and UNT respecting the ECOPLER proposal, and authorizes the Mayor to execute said AGREEMENT. SECTION ir. That the expenditure of funds as provided in the attac ee-SAGREEMENT is hereby authorized. SECTION 111. That this ordinance sh..ll become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1999. JACK MILLER, MAYOR ATT 3ST : JENVIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNT1 By: $ ~A , I k AGRZZXZNT BZTNZZN THI CITY OF DZNTON AND THZ UNIVERSITY OF NORTH TM8 (INSTITUTE OF APPLIED SCIEtTCE9) FOR SIRVICZ9 IN CONNZCTION WITH THE INVIRONMZN'TAL MONITORING FOR PUBLIC ACCISS AND COMMUNITY TRACKING GRANT THIS AGREEMENT is made and entered into by and between the City of Denton, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Texas, 76201, hereinafter referred to as the CITY, _nd the University of North Texas (University of North Texas Institute of Applied Sciences), Denton, Texas, hereinafter referred to as CONTRACTOR, I WHEREAS, the CITY, in collaboration with the CONTRACTOR, has obtained a grant from the U,S. Environmental Protection Agency for $484,867 to serve as onP of eight cities in the U.S. to disign and implement a real-time '-..vironmental monitoring system designed to provide infor7ation to municipal environmental managers and the public, hereinafter known as the GRANT; and WHEREAS, the project, among other things, will assist the CITY in developing techniques for rapidly assessing the status of water quality in local watersheds; and WHEREAS, Dr. Ken Dickson, Regent's Professor and Director of i UNT's Institute of lpplied Sciences, will serve as Project Manager for the CONTRACTOR; and WHEREAS, the CONTRACTOR, pursuant to this AGREEMENT, 'shich is in the nature of a subcontract, will provide technical aseretance, equipment, and public education activities to the CITY, subject to the Statement of Work set forth in Exhibit A attached hereto; and WHEREAS, the CI'T'Y and CONTRACTOR recognize that they each 1 will receive benefits from this AGREEMENT which will result in a state-of-the-art environmental monitoring system in the City of Denton, and believe that this AGREEMENT will be of benefit to the CITY's citizens; and WHEREAS, the GRANT permits the expenditure of funds for the purposes set forth hereunder; and, WHEREAS, the CITY wishes to engage CONTRACTOR to perform certain specified services to carry out such project; j 4, r c ~ I J15 EXHIBIT 11 M f i d, NOW, THEREFOR, the CITY and CONTRACTOR do hereby agree and, by the execution of this AGREEMENT, are bound to the mutual obligations and covenants, and to the performance and accomplishment of the conditions hereinafter set forth; I WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE I j TERX This AGREEMENT sha)l commence January 1, 1999, and shall terminate on December 31, 2001. i ARTICLE II RESPONSIBILITIES CONTRACTOR shall perform and hereby acce;ts the responsibility for the performance of all services and activities, described in Exhibit "A": STATEMWT OF WORK (attached hereto and incorporated by reference, as "Fxhibit A"), in a satisfactory and efficient manner, as reasonably determined by CITY and in accordance with the terms herein. CITY will consider CONTRACTOR'S Vice President for Financial and Business Affairs to be CONTRACTOR's representative responsible for the management of all contractual matters pertaining hereto, unless written nocification to the contrary is received from CONTRACTOR, and approved by CITY. The City's Assistant City Manager for Fiscal and Municipal Services, will be CITY's representative responsible for the administration of this AGREEMENT. ARTICLE III CITY'S OBLIGATION Limit of Liability. CITY will reimburse CONTRACTOR for expenses incurred pursuant hereto in accordance with the project budget included as a part of Exhibit "B•: University of North Texag (subcontract) (attached hereto and incorporated by reference, as "Exhibit BI). Notwithstanding any other provision of this AGREEMENT, the total of all payments and other obligations made or incurred by CITY hereunder for services and expenses shall not exceed the sum of $160,993, , measure of Liability. In consideration of full and satisfactory services and activities hereunder by CONTRACTOR, CITY shall make payments to CONTRACTOR based on the budget attached hereto and incorporated herein for all purposes as Exhibit B, subject to the limitations and provisions set forth in this Section and Section VII of this AGREEMENT. (1) It is expressly understood that this AGREEMENT in no waf obligates the General Fund or any other monies or credits of the City of Denton. All expenses shall be paid solely from the CITY account for grants. (2) CITY shall not be liable for any cost or portion thereof which: (a) has been paid, reimbursed or is subject to payment or reimbursement, from any other source; (b) is incurred prior to the beginning date, or after the ending date specified in Section I; (c) is not in strict accordance with the terms of this AGREEMENT, including both exhibits attached hereto; (d) has not been billed to CITY within thirty (30) calendar days following billing to CONTRACTOR, or termination of the AGREEMENT, whichever date is earlier; (e) is not an allowable cost as defined by Section IX of this AGREEMENT or the project budget. (3) CITY shall not be liable for any cost or portion thereof which is incurred with respect to any activity of CONTRACTOR requiring prior written authorization from CITY, or after CITY has requested that CONTRACTOR furnish daC3 concerning such action prior to proceeding further, unless j and until CITY advises CONTRACTOR to proceed. (4) CITY shall not be obligated or liable under this AGREEMENT to any party other than CONTRACTOR for payment of any monies or provision of any goods or services. "7 ARTICLE IV COMPLIANCY WITH FEDERAL, STATE and LOCAL LAWS CONTRACTOR shall comply with all applicable Federal laws, the laws of the State of Texws, and all ordinances of the City of Denton. ARTd'CL$ V REPRESENTATIONS CONTRACTOR assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this AGREEMENT. The person or persons signing and executing this AGREEMENT on behalf of CONTRACTOR do hereby warrant and guarantee that he, she, or they have been fully authorized by CONTRACTOR to execute this AGREEMENT on behalf of CONTRACTOR and to validly and legally bind CONTRACTOR to all terms, performances and provisions herein set forth. CITY shall have the right, at its option, to either temporarily suspend or permanently terminate this AGREEMENT if there is a dispute as to the legal authority of either CONTRACTOR or the person signing the AGREEMENT to enter int^ this AGREEMENT. CONTRACTOR is liable to CITY for any money it .,as received from CITY for performance of the provisions of this AGREEMENT if CITY has suspended or terminated this AGREEMENT for the reasons enumerated in this Section. CONTRACTOR agrees that the funds and resources provided CONTRACTOR under the terms of this AGREEMENT will in no way be substituted for funds and resources from other sources, nor in any way serve to reduce the resources, services, or other benefits which would have been available to, or provided through, CONTRACTOR had this AGREEMENT not been executed. ARTICLY VI PERFORMANCE BY CONTRACTOR CONTRACTOR will provide, t,,ersee, administer, and carry out all of the activities and services set out in the STATEMENT OF WORK, attached hereto and incorporated herein for all purposes as Exhibit A, utilizing the funds described in the Proposed Budget, attached hereto and incorporated herein for all purposes as a+ Exhibit 8, and deemed by both parties to be necessary and sufficient payment for full and satisfactory performance of the J „g C I I I I R program, as reasonably determined solely by CITY and in accordance with all other terms, provisions and requirements of this AGREEMENT. No modifications or alterations may be w..de in the STATEMENT OF WORK by CONTRACTOR without the prior written approval of the CITY'S Assistant City Manager for Fiscal and Municipal Services. ARTZCLZ VII PAYMMS TO CONTRACTOR Payments to Contractor. The CITY shall pay to the CONTRACTOR an amount not to exceed $160,943 for sarvicea rendered and expenses incurred pursuant to this AGREEMENT. CITY will pay these funds on a reimbursement basis to the CONTRACTOR within thirty days after CITY has received an appropriate invoice and written request, including supporting documentation. Funds are to be expended by CONTRACTOR primarily as shown in Exhibit S. Excess Payment. CONTRACTOR shall refund to CITY, without protest or delay, within ten (10) working days of CITY's request, any sum of money which has been paid by CITY to CONTRACTOR and which CITY at any time thereafter determinest (1) has resulted from an overpayment to CONTRACTORS or, (2) has not been spent strictly in accordance with the terms of this AGREEMENTS or (3) is not supported by adequate documentation to fully justify the expenditure. Daobligation of funds. In the event that actual expenditure rates deviate from CONTRACTOR's provision of a corresponding level of performance, as specified in Exhibit A, CITY hereby reserves the right to reappropriate or recapture any such underexpended funds. Contract Clore Out. CONTRACTOR shall submtt the AGREEMENT close-out package to CITY, together with a final expenditure report, for the time period covered by the last invoice requesting reimbursement of funds under this AGREEMENT, within fifteen (15) r working days following the close of the AGREEMENT period, r CONTRACTOR shall utilize the form agreed upon by CITY and CONTRACTOR for said report. C 1 I At the termination of the AGREEMENT, all unclaimed (30 days or older) salaries or wages must be returned to CITY in the following format: (1) A University of North Texas check for the net aggregate amount payable to the City of Denton; (2) A listing showing the Social Security number, full name, last known complete address and the amount owed to each person involved. ARTrCI.s vier WARRANTIES CONTRACTOR represents and warrants that: A. All information, reports and data heretofore or hereafter requested by CITY and fuznished to CITY, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to CITY. a. Any hereafter requested~ by supporting financial nfurnished statements CITY by rCONTRAOTOR, are complete, a^_:urate and fairly reflect the financial condition of CONTRACTOR on the date shown on said report, and the results of the operation for the period covered by the report, and that since said date, there has been no material change, adverse or otherwise, in the financial condition of CONTRACTOR. C. None of the provisions herein contravenes or is in conflict with the authority under which CONTRACTOR is doing business or with the provisions of any existing indenture or agreement of CONTRACTOR. D. CONTRACTOR has the power to enter into this AGREEMENT and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this AGREEMENT. E. Each of these representations and warrantier of CONTRACTOR shall be continuing and shall be deemed to have been repeated by the submission of each request for paymeit by CONTRACTOR. ; 1~ i I I I ARrrCLr rX ALLOWABLB COSTS I, A. Costs shall be considered allowable only if incurred directly, specifically in the performance of, and in compliance with, this AGREEMENT and in conformance with the standards and provisions of Exhibits A and 8 attached hereto. I B. Approval of CONTRACTOR's Proposed Budget, Exhibit 8, does not constitute prior written approval, even though certain items may appear herein. CITY's prior written authorization is required in order for the following to be considered allowable costs: (1) CITY shall not be obligated to any third parties, including any subcontractors of CONTRACTOR, and CITY funds shall not be used to pay for any contract service extending beyond the expiration of this AGREEMENT. (2) Any alterations or relocation of the facilities on and in which the activities specified in Exhibit "A" are conducted. (3) Any alterations, deletions or additions to the Personnel Schedule incorporated in Exhibit B. (4) Any fees or payments for consultant services. Written requests for prior approval are CONTRACTOR'S responsibility and shall be made within sufficient time to permit a thorough review by CITY. Contractor must obtain written approval by CITY prior to the commencement of procedures to solicit or purchase services, equipment, or real or personal property. Any procurement or purchase which may be approved under the terms of this AGREEMENT must be conducted in its entirety in accordance with the provisions of this AGREEMENT. ` ARTSCLY X KAINTailwce OF RICORDS CONTRACTOR agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under thi& AGREEMENT, in compliance with the provisions of Exhibit B and with any other applicable Federal and State regulations establishing standards for financial management. CONTRACTOR's record system shall contain sufficient documentation t to provide in detail full support and justification for each ff'. expenditure, Nothing in this Article shall be construed to relieve CONTRACTOR of fiscal accountability and liability under Zi l L any other provision of this AGREEMENT or any applicable law. CONTRACTOR agrees to retain all books, records, documents, reports, and written accounting policies and procedures pertaining to the operation of programs and expenditures of funds under this AGREEMENT for three years. Nothing in the above subsections shall be construed to relieve CONTRACTOR of responsibility for retaining accurate and current records which clearly reflect the level and benefit of services provided under this AGREEMENT. At any reasonable time, the CONTRACTOR shall make available to CITY, or any of its authorized representatives, records pertaining to this AGREEMENT and shall permit CITY, or any of its ` authorized representatives to audit, examine, make excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions or employment and data requested by said representatives. AATICLE' XS REPORTS AND IMRMATION At such times and in such form as CITY may require, CONTRAC- TOR bhall furnish such statements, records, data and information as CITY may request and deem pertinent to matters covered by this AGREEMENT. CONTRACTOR shall submit quarterly beneficiary reports and financial reports to CITY no less than once each three months during the term of this AGREEMENT. The beneficiary report shall provide description of activities and progress associated with the project. The financial report shall include information and data relative to all programmatic and financial reporting as of the beginning date specified in Article I of this AGREEMENT. 1 AATXCLS XS! NOWITORINO AND =VALUATION CITY shall perform on-site monitoring of CONTRACTORIa performance under this AGREEMENT from time-to-time. CONTRACTOR agrees that CITY may carry out monitoring and evaluation activities to ensure adherence by CONTRACTOR to the Statement of Work containing the program goals and objectives, i~ which are attached hereto as Exhibit 'A', as well as other provi- sions of this AGREEMENT. r( l-'~ a CONTRACTOR agrees to cooperate fully with CITY in the 1" h development, implementation and maintenance of record-keeping systems and to provide data determined by CITY to be necessary for CITY to effectively fulfill its monitoring and record-keeping responsibilities. CONTRACTOR agrees to cooperate in such a way so as not to delay CITY in such monitoring, and to designate one of its staff to coordinate the monitoring process as reasonably requested by CITY staff. After each official monitoring visit, CITY shall provide CONTRACTOR with a written report of monitoring findings. CONTRACTOR shall submit copies of any fiscal, management, or audit reports by any of CONTRACTOR's funding or regulatory bodies to CITY within ten (10) working days of receipt by CONTRACTOR. ARUCLS XZYZ RQUAL OPPORTUNITY CONTRACTOR shall at all times comply with the Equal Employment Opportunity Act and other related Federal law and regulations, CONTRACTOR will furnish all information and reports reasonably requested by the CITY, and will permit access to its booke, records, and accounts for purposes of investigation to ascertain compliance with local, state and Federal rules and regulations. ARTICL3 XXV PRR90NNRL AND MANAOMM POLICIRS Personnel and management policies shall be established by CONTRACTOR and shall be available for examination by the CITY. ARTMI XV CONYLICI' OF INTTRRIT CONTRACTOR covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this AGREEMENT, CONTRACTOR further covenants that in the performance of this AGREEMENT, no person having such interest shall be employed or i appointed as a member of its governing body. CONTRACTOR further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself, or others, particularly those with which he has family, business, or other ties. No officer, member, or employee of CITY and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this AGREEMENT shall (1) participate in any decision relating to the AGREEMENT which affects his or her personal interest or the interest in any corporation, partnership, or association in which he or she has direct or indirect interest] or (2) have any interest, direct or indirect, in this AGREEMENT or the proceeds thereof. "7ZCLX XVZ POLITICAL OR SECTARIAN ACTIVITY None of the performance rendered hereunder shall involve, and no portion of the funds received by CONTRACTOR hereunder shall be used, either directly or indirectly, for any political activity (including, but not limited to, an activity to further the election or defeat of any candidate for public office) or any { activity undertaken to influence the passage, defeat or final content of legislation. None of the performance rendered hereunder shall involve, and used foroorfapplied the ndirectly vorindirectly~t hereunder the construction, ~I operation, maintenance or administration, or be utilized so as to benefit in any manner any sectarian or religious facility or activity. AItTZCLS XVZZ PUBLICITY where such action is appropriate, CONTRACTOR shill publicize the activities conducted by CONTRACTOR in conjunction with the CITY and pursuant to the GRANT, under this AGREEMENT, Any and all published material and written reports submitted under this project must be originally developed material unless otherwise specifically provided in this AGREEMENT, when material not originally developed is included in a report, the report shall identify the source in the body of the report or by footnote, r This provision is applicable when the material is in a verbatim or extensive paraphrase format. 4. i I i 1 ~ ARUCLS XYII! CHANGES AND AMI mmcs Any alterations, additions, or deletions to the terms of this AGREEMENT shall be by written amendment executed by both parties, except when the terms of this AGREEMENT expressly provide that another method shall be used. CONTRACTOR may not make transfers between or among approved line-items within budget categcries set forth in Exhibit "B" without prior written approval of CITY. CONTRACTOR shall request, in writing, the budget revision in a form prescribed by CITY, and such request for revision shall not increase the total monetoty obligation of CITY under this AGREEMENT. In addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded under this AGREEMENT. CONTRACTOR will submit revised budget and program informa- tion, whenever the level of funding for CONTRACTOR or the pro- gram{s} described herein is altered according to the total levels contained in any portion of Exhibit 8 attached hereto. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this AGREEMENT. Any such modifications are to be automatically incorporated into this AGREEMENT without written an,4ndment hereto, and shall become a part of the AGREEMENT on the effective date specified by the law or regulation. CITY may, from time to time during the term of the AGREEMENT, request changes in Exhibit A which may include an increase or decrease in the amount of CONTRACTOR's compensation. ouch changes shall be incorporated in a written amendment hereto, as provided in this Article. Any alterations, deletions, or additions to the Proposed Budget contained in Exhibit 8 shall r.lquire the prior written approval of CITY. CONTRACTOR agrees to notify CITY in writing of any proposed change in phv:,ical locati)n for work performed under this AGREE- kENT at leapt thirty (301 calendar days in advance of the change. r~ rONTRACTOR shall notify CITY of any changes in its personnel or governing board composition. 1 45 r E e, ARrICLE XIX TERMINATION CITY may terminate this AGREEMENT with cause because of CONTRACTOR's violation of any of the covenants, agreements or guarar,tees of this AGREEMENT. CITY shall prom;?tly notify CONTRACTOR in writing of its decision to terminate this AGREEMENT, specifying the reason(s) therefor, and the effective date of termination. CONTRACTOR may terminate this AGREEMENT in whole or in part by written notice to CITY, if a termination of outside funding occurs upon which CONTTACTOR depends for performance hereunder. CONTRACTOR may opt, within the limitations of this AGREEMENT, to seek an alternative funding source, with the approval of CITY, provided the termination by the outside funding source was not oc- casioned by a breach of contract as defined herein or as defined in any contract between CONTRACTOR and the funding source in question. CONTRACTOR miy terminate this AGREEMENT upon the dissolution of CONTRACTOR's organization not occasioned by a breach of this AGREEMENT. Upon receipt of notice to terminate, CONTRACTOR shall cancel, withdraw, or otherwise terminate any outstanding orders or subcontracts which relate to the performance of this AGREEMENT. CITY shall not be liable to CONTRACTOR or CONTRACTOR's creditors for any expenses, encumbrances or obligations whatsoever incurred after the termination date of this AGREEMENT, ARTICLi XX NOTIFICATION OF ACTION HROUGNT In the event that any claim, demand, suit or other action is made or brought by any person(s), firm, corporation or other entity against CONTRACTOR, which may involve the performance of this AGREEMENT, CONTRACTOR shall give written notice thereof to CITY within two (2) working days after being notified of such claim, demand, suit or other action, such notice shall state the date and hour of notification of any such claim, demand, suit or other action; the names and addresses of the person(s), firm, corporation or other entity making such claim, or that instituted ' or threatened to institute any type of action or proceeding; the k' c basis of such claim, action or proceeding; and the name of any hersc^In) against whom such claim is being made or threatened, i I I I I Such written notice shall be delivered either personally or by mail. I ARTICLE XXI NTSCELLANI00S CONTRACTOR shall not transfer, pledge or otherwise assign this AGREEMENT or any interest therein, or any claim arising thereunder, to any party or parties, without the prior written approval of CITY If any provision of this AGREEMENT is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. The captions of this AGREEMENT are for informational purposes only and shall not in any way affect the substantive terms or conditions of this AGREEMENT. In no event shall any payment +o CONTRACTOR hereunder, or any other act or failure of CITY to insist in any one or more in- stances upon the terms and conditions of this AGREEMENT constitute or be construed in any way to be a waiver by CITY of any breach of covenant or default which may then or subsequently be committed by CONTRACTOR. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to CITY to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of CITY may waive the effect of this provision. This AGREEMENT, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understand- ing, representation or other commitment antecedent to or made in connection with this AGREEMENT, whether written or oral, shall have no force or effect whatsoever nor shall any agreement, assertion, statement, understanding, or other commitment occurring during the term of this AGREEMENT, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment to this AGREEMENT. i . M r h For purposes of this AGREEMENT, all official communications and notices among the parties shall be deemed made if hand- delivered or sent by V.S, mail postage prepaid to the parties at the addresses set forth belowr TO CITY: TO CONTRACTOR: City Manager Phillip C.Diebel City of Denton, Texas V.P. for Financial 215 E. McKinney St. 6 Business Affairs Penton, Texas 76201 University of North Texas Denton,Texas 76203 IN WITNESS WHEREOF this AGREEMENT has been executed in four original counterparts by CITY and CONTRACTOR by and through their respective duly-authorized officirs, on this the day of 1955. "CITY" CITY OF DENTON, TEXAS BYE JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: 4 . c APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY I Wl ` By: 'CONTRACTOR" THE UNIVERSITY OF NORTH TEXAS Byt A-z cQ" , PHIL P C. DIES de VICE PRESIDENT FOR FINANCIAL AND BUSINESS AFFAIRS ATTEST: By: _ i r . r r EXHIBIT "A" STATeMZNT Of WORK The Institute of Applied Sciences at the University of North Texas ("CONTRACTOR") will serve in the capacity of a subcontractor to the City of Denton collaborating in the development, implementation and operation of a time relevant environmental monitoring system associated with the CITY's watersheds and Lake Lewisville. UNT will team with the CITY to fulfill the objectives outlined in the U.S. Environmental Protection Agency EMPACT Grant tc the CITY in collaboration with UNT titled "Real Time Monitoring for Public Information, Decision Making and Education.' CONTRACTOR, through its Institute of Applied Sciences will provide the following services and facilities to the CITY, Provide the technical services of Dra. Kenneth Dickson, William T. Waller, Samuel F. Atkinson, Miguel F. Acevedo, and James H. Kennedy to the CITY's project team Provide supervision to three (3) Environmental Monitoring interns working on the project Participate in CITY and EPA coordination meetings as specified in the grant Develop an Internet-based communication system relating monitoring results to the community Make available results from '-TNT's Terra Scan TL200 Satellite Remote Sensing Data Town Link System to the project. Purchsse two automated rainfall gauges and two automated stream gauges Construct the following monitoring system components: Ultraviolet Radiation monitor. (1), Stream Bioaenora (2), Chlorophyll monitoring unite (2„ physical-chemical datasondes (3) I • Participate in public education programs designed to prepare managers and citizens to use real-time environmental data f EXHIBIT B UNIVERSITY OF NORTH TEXAS (6ubcontraDt) YEAR I YEAR 3 PROPOSED BUDGET EPA COSTS UNIT MATCH EPACOSTS UHT MATCH 31 it a. Personnel fit Kann11AL Dickson. P.1. 1.713 0.717 Williams T Winer, Director 7,100 1.121 Samuel P Allinson, Director 1.101 1,591 Mquel P Acevedo, Oinctor 1.611 1.727 James H Itannedy, Direclor 4,167 1,240 TOTAL SALARIES S WAGES 36,4N 47,630 1. Prlnle Senenu 22% of ulir;ef 6,106 1,113 Inwrance, 113117"(.011 month 1,515 1.116 TOTAL PRINOE 6110 TS 10,301 10.470 a. Travel rawlytwinlorfAmparleanUVCawnllcn I,Soo S6TAC Annual Mil 1,500 14500 ASPAS Annusl MaeUnO 1,000 1.000 Weekly ma'litenance trips 653 ISO TOTAL TRAVEL 4,610 3.164 1, Equipment tern Scan TL200 ACqulsmon System 25,000 Run cau0atq) 2,000 S,nam Osu/es12) 4.000 TOTAL EQUIPMENT 40,004 e. Supplies LesIeCA volsbook r 1 (1 Copy) 415 405 r Up3aes IV S-Plus stalisuc/l gslem S00 400 Commuritatlons coats for madame 1,200 t m Man4areoua chemicals for cents Ooh 1,000 14000 TOTAL SUPPLIES 1,111 3,111 f. DenUStls a Other W TOTAL D0IECT COSTS 170C1 61,140 al,lw N,446 L Indirect CaatuCbayea p% of TDC siMul equtpriti q 111,140 31,641 . ToUI DrON e!<es11 601N 4166N 11164 l TOTAL RIOU16TIC PRAM SPA 11406 40030 _ OVSRAII / r w NJ TOTAL EPA COST/ 140 N3 i 1 D. L s i i f APO& I?ldi - AGENDA INFORMATION SHEET AGENDA DATE: April 6,1999 DEPARTNIEN-: Utilitis Administration ACNI: Howard Martin, 349-8232 SU.BdECT: Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement with ARS Engineers, Inc., Dallas, Texas, for engineering design, casement survey, and easement document preparation services incident to the location of water am wastewater utilities along U.S, Highway 77, from Interstate Highway 35 to U.S. Highway 380, in Denton, Denton County, Texas; authorizing the expenditure of funds therefor; and providing an effective dale. BACKGROUND: The relocation of existing water and sanitary sew t. lines are necessary due to proposed state highway 77 expansion/improven ants planned by Texas Department of Transportation TXDOT. The City's existing utilities are in :onflict with the proposed expansion of Highway 77, and the highway department has notified the City to relocate these facilities. PUB had epproved a contract for this project with Rust Environment & Infrasttacture on August 17, 1998, which was then approved by the City Council on September I, 1998, R~1%t was bought out by Earthtek Corporation on September 11, 1998. The corporate management then came to Dallas and fired the project manager and the project engineer assigned to the city of Denton project within 2 w ecks of acquisition of Rust. All of the survey crews either were fired or IeR the company. This situation Jell the staff no choice but to terminate the contract with Rust (which no longer ek.,Is). 7 he contract termination has been handled by Mike Copeland, Assistant City Attomcy, The contract termination is effective March 2, 1999. Staff then negotiated the Professional Services Contract with AP S Engineers, Inc. (ARS). ARS is the consultant for TXDOT on the design of the expansion of the Highway 77 project. ARS has all drawings for the highway expansion in house, along with the survey data. They have the drav ings of the city utititics which are in conflict with the highway expansion. City is under time constraint to finish the relocation of the utilities. The highway expansion is scheduled to begin in spring of the year 2600. By getting .SRS on board the staff expects to recover some of the time iost with Rust, Also, staff has allowed no increase in the fees of the consultant with this new contract with ARS. Staff has also reevaluated the scope of the Hwy. 77 Utility Relocation, we had originally planned (f to construct Approximately 5,000 feet of 16-inch transmission main with this projat. This ✓ design cost was figured into the RUST Environment and infrastructure design cost but was not included in the ARS Engineers, Inc, contract. The proposed 16- inch transmission main is part of our water distribution master plan, but after a closer evaluation of both economic and 1 f t c. distribution needs, it hai been determined by staff to delay this portion of the 16 Inch transmission main at this time, RECOMMENDATIONS Staff recommends approval of the Professional Services Agreement with ARS Engineers, Inc, ESTIMATED SCHEDULE OF PROJECT A detailed schedule is sva table in Attachsment B of the Agreement. Final design is scheduled to be finished by October 1999. PRIOR :W .ourtiJ,Board<Comm.L.ieeal Rust contract approved by PUB on August 17, Rust contract approved by City Council on Septi:mber 1, 1998. FISCAL INEORMAIM 2.38 million dollars is budgeted in the FY 2000 CIP for this projmt. In the Professional Services Agra-ment, design, construction and topo survey cost Is $133,450, easement survey per parcel Is priced at 5990 per parcel. Staff has Included fees for 125 parcels. The fees will be paid on a per parcel sun-eyed basis. An estimated total project cost not to exceed $257,200. AR S Eng neen RW Surveys for Easements 125 @ $990 y $123,750 125 @ $990 +5123,750 Design -1111" - $i8S.12Q!? Total Cost -$257,200 - $308,395 OARS Design Cost does not include 16 inch waterline. \ MAP See Exhibit I i w ! Respectfully submitted: ~1U V Howard Martin $,A Assistant City Manager/U01tties t EXHIBIT I: Location map r EXHIBIT 11 1 Ordinance and Professional Services Agreement with ARS Engineer, Inc. 2 { t 0 u ' HIGHWAY 77 PROJECT PRWECT LOCATION E i` HaH BCH= T" I s "w" F t!r VAIERM UPON" -AWN a I aw _ a ley so f4 if .Sow -Mmp .oo FW M bow bi110• (1~ W E f lip-; S t M i al, a ORDINANCE NO. i AN ORDINANCE. OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH ARS ENGINEERS, INC, DALLAS, TEXAS, FOR ENGINEERING DESIGN, EASEMENT SURVEY, AND EASEMENT DOCUMENT PREPARATION SERVICES INCIDENT TO THE LOC %TION OF WATi.R AND WASTEWATER UTILITIES ALONG U.S. HIGHWAY 77, FROM iNL TERSTATE hIGHWAY 35 'TO U.S. HIGHWAY 390, IN DENTON, DENTON COUNTY, TEXAS; AUTHORJZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDIN0 AN EFFECTIVE DATE. WHEREAS, the City Council deems it in the public interest to engage ARS Engineers, a Corporation ("ARS"), to provide professional services to the City in the areas of engineering design, easement survey, and easement document preparation incident to the location of water and wastewater utilities along U.S. Highway 77, from Interstate Highway 35 to U.S. Highway 390, in Denton, Denton County, Texas, and WHEREAS, the City staff has reported to the City Council that there is a substantial need for the above-deuribed professional consulting services, and that limited City staff cannot adequately perform the services and tasks with its own personnel; and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act", generally provides that a City may not select a provider of + professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and rea3onable price; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the professional consulting services, as set forth in the Professional Services Agreement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SF.C7lON I; That the City Manager is hereby authorized to execute a Professional Services Agreement with ARS Engineers, Inc., Dallas, Texas, a Corporation, for professional services in the areas of engineering design, easement survey, and easement docum:i,, preparation, incident to the location of water and wastewater utilities along U.S. Highway 77, from Interstate Highway 35 to U.S. Highway 390, in Denton, Denton County, Texas, In substantially the form of the Professional Services Agreement attached hereto and Incorporated r A' herewith by reference. r That the award of this Agreement by the City Is on the basis of the City for a fair l and a reasonable price. and the ability of ARS to demonstrated serviesr needed by the kn%-I,~dge, and perform the 4 ~x►t'sdtr u G tl , 1 , f SECTION 111: That the expenditure of funds as provided In the attached Professional Services Agreement is hereby authorized. • SEC'T'ION IV: That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of .1999. JACK MILLER, [MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEOAL FORM: HERBERT L, PROUTY, CITY ATTORNEY By;'VVI+ l i 4 . r t 1:10aDotwr,9nV rdlnntW9VWEnv►SA.IIwr11WWW" ik S ` f V 1 STATE OF TEXAS $ o COUNTY OF DENTON $ PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING DESIGN, EASEMENT SURVEY, AND EASEMENT DOCUMENT PREPARATION SERVICES INCIDENT TO THE LOCATION OF WATER AND WASTEWATER UTILITIES ALONG U.S. HIGHWAY 77, FROM INTERSTATE HIGHWAY 35 TO U.S. HIGHWAY 380, IN DENTON, DENTON COUNTY, TEXAS THIS AGREEMENT is made and entered into as of the day of ,1999, by ani between the City of Denton, Texas, a Texas Municipal Corporation, with its principal offices at 215 E. McKinney Stmt, Denton, Texas 76201 (hereinafter 'OWNER') and ARS Engineers, Inc. a Corporation, with its offices at 4245 North Central Expressway, Suite 500, Dallas, Texas 75205 (hereinafter "CONSULTAN171; the parties acting herein, by and through their duly-authodzed representatives and officers. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually AGREE as follows: ABIWM EMPLOYMENTOF CONSULTANT The OWNER hereby contracts with CONSULTANT, as an Independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated In the Articles to follow, with diligence and In accordance with the highest professional standards customarily obtained for such services in the State of Texas. The professional services set forth herein are in connection with the following described project: Engineering Design, Easement Survey, and Easement Document Preparation services incident to the relocation of water and wastewater utilities along U.S. Highway 77, from interstate Highway 35 to U.S. Highway 360, in Denton, Denton County, Texas (the "Project'). ARTICLE Il SCOPE OF SERVICES The CONSULTANT shall perform the following services in a professional manner, A. To perform all those services and tasks as set forth in CONSULTANT'S "Fee Proposal" (AR£ Proposal No. 160.98.082), which is contained In that certain letter dated March 3, 1999 from Ayub R. Sandhu, P.E,, RPLS, President of CONSULTANT to P,S. Aron, P.E., Engineering Administrator, Denton Municipal Utilities, which letter, together with seven (7) (r. t' pages of attachments, is attached hereto and Incorporated herewith by reference as Attachment "A". B. To perform all those professional services and tasks asset forth In Mote 11 A. hereinabove substantially In accordance with the "Timeline" which is attached hereto and incorporated herewith by refere nee as Attachment "B". 6 c~ u A C. Additional tasks requested by the OWNER requiring the services described in the Scope of Services will be negotiated as Supplemental Agreements to this Professional Services Agreemen'. D. If there is any cuntliet between the terms of this Agreement and the Attachments attached to this Agreement, the terms and conditions of this Agmerr.cn; shall control over the terms and conditions of the Attachments. ARTICLFlil ADDITIONAL SFRVICES Additional sen. es to be performed by the CONSULTANT, if authorized by the OWNER, which are not included In the above-described Scope of Services, set forth In Articles II.A. and B. above, are as follows: A. During the course of the Project, as requested by OWNER, CONSULTANT will be available to accompany OWNER's personnel when meeting with the Texas Natural Resource Conservation Commission, U.S. Environmental Protection Agency, or other regulatory agencies. The CONSULTANT will assist OWNER's personnel on an as-needed basis in preparing compliance schedules, progress reports, and providing general technical support for the 0 WNER's compliance efforts. B. Assisti ng 0 WN ER or contractor In the deft nse or prosecution of litigai Ion In connection with or in addition to those services contemplated by this Agreement. Such servicei, if any, shall be furnished by CONSULTANT on a fee basis negotiated by the respective parties outside of and in addition to this Agreement. C. Sampling, testing, or analysis beyond that specifically Inc]-.rded in the Scope of Services set forth here inabove. D. Preparing applications and supporting documents for government grants, loans, or planning advances, and providing data for detailed applications. E. Appearing before regulatory agencies or courts as an expert witness in any litigadon with third parties or condemnation proceedings arising from the development or construcdon of the Project, including the prep.redon of engineering data and reports for aulstance to the OWNER. F. Providing geotechnical investigationsfor the site, including soil boring%, related analyses, and recommendations. 0. LiA Station analysis and design. H. Court appearance(s) by the Engineer(s) for easement and right-of-way acquisidon. , f f \ r 1. Negotiations for easement acquisition. J. Making additional presentations not otherwise provided for In the Scope of Services set forth M„ 1 M It 9b O~r~S~rMWMIk rW1 M„"M 7 c. {I I 4 in Article 11 hereinabove. ARTICLE Y PERIOD OF SERVICE This Agreement shall become effective upon execution by the OWNER and the CONSULTANT and upon the Issuance of a notice to proceed by the OWNER, and shall remain In force for the period which may reasonably be required for the completion of the Project, including Additional Services, if any, and any required extensions approved by the OWNER This Agreement may be sooner terminated in accordance with the provis+ons hereof. Time is of the essence In Ns Agreement. The CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible as indicated in Attachment "B". ARTICLE V COMPENSATION A. COMPENSATION TERMS: 1. "Subcontract Expense" is defined m expenses Incurred by CONSULTANT in the employment of other in outside firms, for services in the nature of professional engineering, surveying, or related services. Any subcontract or subconsultant billing reasonably incurred by the CONSULTANT in connection with the Project shall be invoiced to OWNER at the actual cost plus ten (101/6) percent. In consideration of such expense being billed to OWNER at ten (10%) percent above Its actual cost, CONSULTANT &&rees that it wilt not bill OWNER for any time expended by CONSULTAN f in reviewing the fee bills of any subcontractoror subconsultanton the Project, except project manager time.. i 2. "Direct Non-Labor Expense" is defined as that expense, based upon actual cost, for any assignment or expense reasonably incurred by the CONSULTANT in the performs= of this Agreement for supplies, tramportition and equipment, travel, communications, subsistence, and lodging away from home, and similar incidental expenses in connection with that assignment expressly including, without limitation, telephone charges, telecopy charges, printing and reproduction costs, and other incidental expenses incurred in connection with the Project. Provided however, any subconsultant billings reasonably incurred by CONSULTANT in connection with the Project shall be invoiced to OWNER at cost plus ten (10%) percent B. BILLINOAND PAYMENT: "or and in consideration of the professional services to be performed by the CONSULTANT oerein, the OWNER agrees to pay CONSULTANT based upon the cost estimate detail at the hourly rates shown in Attachment "A" which is attached hereto and made a part of this Agreement, a total fee, including reimbursement for Subcontract Expense and Direct Non- Labor Expense, not to exceed $ 257,200.00, v, hick Is comprised of the following elements: (1) A fee not to exceed S 13),450.00 for basic design engineering and Project survtyirg; and (2) A fat of S 490,00 for easement survey services per parcel of real property and easement document preparation for up to one hundred and twenty five (125) such parcels, for a further sum not to exceed S 123,730.00. , a. e..n.rt~rr~"u M ru r.rr n., iN. ~ d u 8 c Partial payments to the CONSULTANT will be made on the basis of detailed monthly statements rendered to and approved by the OWNFR through its Assistant City Manager for Utilities or his designees; however, under no circumstances shall any monthly statement for services exceed d , value of the work performed at the time a statement is rendered. The OWNER may withhold the final five (5%) percent of the contract amount until satisfactory completion of die Project. Nothing contained In this Article shall require the OWNER to pay for any work which is unsatisfactory as reasonably determined by the Assistant City Manager for Utilities or his designee, or which is not submitted to the OWNER in compliance with the terms of skis Agreement. The OWNER shall not be required to make any payments to the CONSULTANT when the CONSULTANT is in default under this Agreement. It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional pay meats by the OWNER for any charge, expense or reimbursement above the maximum not to exceed fee as stated hereinabove, without first having obtained written authorization from the OWNER. CONSULTANT shall not proceed to perforn the services listed in Article III "Additional Services' without obtaining prior written authorization from OWNER. C. ADDITIONAL SERVICES: For additional services authorized in writing by the OWNER In Article III heminabove, CONSULTANT shall be paid based on the Schedule of Charges at the hourly rates set forth in Attachment "A". Payments for additional services shall be due and payable upon submission by the CONSULTANT, and shall be in accordance with Article V.B. hereinabove. Statements shall not be submitted to OWNER more frequently than monthly. D. PAYMENT: It the OWNER fails to make ps)m,ents due the CONSULTANT for services and expenses widdn sixty (60) days after receipt of the CONSULTANT'S undisputed statement thereof, the amounts due the CONSULTANT will ¢e increased by the rate of one percent (l per month from the said sixtieth (60th) day, and In f4didon, the CONSULTANT may, after giving tan (10) days' written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid In fill for all amounts then due and owing, and not disputed by OWNER for services, expenses and charges. Provided, however, nothing herein shall require the OWNER to pay the late charge of one percent (I per month as set forth herein, if the OWNER reasonably determines that the work Is unsatisfactory, in accordance with Article V. of this Agreement. ARTICLE A OBSERVATION AND REVIEW OF I HE WORK The CONSULTANT will exercise reasonable care and due diligence In discovering and (s' r promptly reporting to the OWNER any defects or deficiencies in toe work of the CONSULTANT ! or any of its sabcontractorsor subconsuita ts. i , p0...!t~ WAM ly ISA n rr M.,Ar IM 1N 11 i r c' Aj TICLEVI[ OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT (and CONSULTANTs subcontractorsor subconsnltants) pursuant to this Agreement are instruments of service and shall become the property of the OWNER upon the.terminstion of this Agreement The CONSULTANT is entitled to retain copies of all such documents. The documents prepared and fiunished by the CONSULTANT are Intended only to be applicable to this project and OWNER's use of these documents in other projects shall beat OWNER !s sole risk and expense. In the event the OWNER uses the Agreement in another projector for other purposes than specified herein any (I of the infommtion or materials developed pursuant to this agreement, CONSULTANT Is released from any and all liability relating to their use in that project I ARTICLE Vlll j INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an Independent contractor, not as an employee of the OWNER. CONSULTANT shall not have or claim any right arising from employee status. Ate( LE IX_ INDEMNITY AGREEMENT The CONSULTANT shall indemnify and save and hold harmless the OWNER and Its officials, officers, agents, attorneys and employees Prom and against any and all liability, claims, demands, damages, losses and expenses. Including but not limited to court costs and reasonable attorney fees incurred by the OWNER, and h%elv41ng without limitation damages for bodily and personal injury, death and property damage, res •g from the negligent acts or omissions of the j CONSULTANT or its oflicem, shareholders, agcats, attorneys and employees in the execudon, operation, or performance of this Agreement. Nothing in this Agreement shall be congitrued to create a liability to any parson who Is not a party to this Agreement and nothing herein shall waive any of the party's defenses, both at law or equity, to any claim, cause of action or litigation filed by anyone not a party to this Agreement, including the defense of governmental. immunity, which defenses are hereby expressly reserved, I ARTICLEA INSURANCE During the performance of the Services under this Agreement, CONSULTANT shall maintain the following Insvrance with an Insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency, that has a rating with A. M. Best Rate Carriers of at least an "A•" or above, r b a; A. Comprehensive General Liability In.-turance with bodily Injury limits of not less than S500,000 for each occurrence and not less than S500,Z In the aggregate, and with property JJ damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the 1 aggregate, r Ib PaW~MfwMMA11 h►lL1 .""flow I.1. 10 If 10 6 B. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not leas than $500,000 for each accident and with pro" damage limits for not less than 5100,000 for each accident. C. Worker's Compensation Insurance in accordance with statutory requirements and Employer's Liability Insurance wi'A limits of not Icss than S 100,000 for each accident. D. ProfessionalL£abiIityInsurancewithIimitsofnotless than S 1,000,000 annual aggregate. E. CONSULTANT shall furnish Insurance certificates or insurance policies at the OWNER's request to evidence such coverages. The Insurance policies shall name rho OWNER as an additional insured on all such policies to the extent legally possible, and shall contain a provision that such insurance shall not be cancelled or modified without thirty (30) days prior written notice to OWNER and CONSULTANT. In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation of coverage, deliver copies of any such substitute policies furnishing at least the same policy limits and coverage to OWNER. ARTICLE XI ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agm to settle any disputes under tills Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution such as mediation. No arbitration or alternate dispute resolution arising out of or relating to, this Agreement involving one party's disagreement may include the other party to the disagreement without the othees approval. ARTICLE XII TERMINATIONOP AGREEMENT A. Notwithstanding any other provision of this Agreement, either party may terminate this Agreement by providing ftfleen• (15) days advance written notice to the other party. B. This Agreement may be terminated 10 whole or In part In the event of either party substantially failing to fulfill its obligations under this Agreement. No such temil tationwill be effected t'nless the other party is given written notice (delivered by certified trail, return receipt requested) of Intent to terminate and setting forth the reasons specifying the nonperformance or other reason(s). and not less than (30) calendar days to cure the failure; and (2) an opportunity for consultation with the terminating party prior to termination. C, I f the Agreement Is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to the OWNER within thirty (30) days after the dale of termination. The OWNER shall pay CONSULTANT for all services properly tendered and satisfactorily performed, and for , reimbursable expenses prior to notice of termination being received by CONSULTANT, In accordance with Article V of this Agreement. Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate In providing information to the OWNER and the new consultant. If applicable, OWNER shall allow CONSULTANT reasonable time to transition and to turn over the Project over to a new Consultant, CONSULTANT shall turn over all documents prepared or fumished by CONSULTANT pursuant to this Agreement to the OWNER on or before the l 1 d WrNrrMMf W lu / M~ x., MM IM / N M 1I date of termination but may maintain copies of such documents for its fibs. CONSULTANT agrees that it shall also fully comply with any and all written requests received from the OWNER, through its Director of Electric Utilities, to maintain confidentiality respecting certain designated records, documents, and other written materials related to the Project, which the OWNER reasorabiy determines is competitively sensitive, and would likely cause damage to the OWNER if disclosed to the public or to any other person, party, or entity, ARTICLE XIII RESPON 31BILITYFOR CLAIMS AND LIABILITIES Approval of the work by the OWNER shall not constitute nor be deemed a release of the responsibility and liability of the CONSULTANT, its officers, employees, agents, suboonuutork and subconsultants for the accuracy and competency of their designs or other work performed pursuant to this Agreement nor shall such approval by the OWNER be deemed as an assumption of such responsibility by the OWNER for any defect In the design or other work prepared by the CONSULTANT, its officers, employees, agents, subcontractors, and subconsultants. ARTICLE XN NOTICES All notices, communications, and repoits required or permitted under this Agreement awl be 'es b personalty delivered or mailed to the respective panty depositing same In the United States mail at the addresses drown below, by means of U. S. Mail, postage prepaid, certified mail, return receipt requested, unlt:ss otherwise specified herein. To CONSULTANT: To OWNER: ARS Engineers, Inc. City of Denton, Texas Richard T. Orice, P.E. Howard Martin, ACM/Utilides 4245 N. Central Exp., #500 2 13 East McKinney Dallas, Texas 75205 Denton,Texas 76201 All notices under this Agreement shall be effective upon their actual receipt by the party to whom such notice is given, or three (3) days after mailing notice, whichever event shall first occur, ARTICLE XV ENTIREAOREEMENT This Agreement consisting of ten (10) pages and two (2) Attachritents constitutes the complete and final expression of the Agreement of the parties and Is intended as a complete and exclusive statement of the terms of their agreements, and supmedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications understandings, and , agreementswhich may have been made in connection with tine subject matter of this Agreement. ' ABILS LEV1 SEVERABILITY ; If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be Invalid or unenforceable, it shall be considered severable from the remainder of this Agreemen4 I q, 0,e~f++NnMI MM V of *""4 ho , r 12 t I I ~ •I i and shall not cause the remainder to be Invalid or unenforceable. In such event, the parties shall reform this Agreement, to the extent reasonably possible, to replace such stricken provision with a valid and enforceable provision which comes as close os possible to expressing the original intentions of the parties respecting any such stricken provision. ARTICLE XVIi COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, local laws, rules, regulations, and ordinances applicable to the work performed by CONSULTANT hereunder, as they may now rcad or as they may hereafter be amended. ARTIClEXVIIJ DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE XIX PERSONNEL A. CONSULTANT represents that it has or wilt secureat its own expense all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, not have any contractual relations with the OWNER. CONSULTANT shall inform the OWNER of any conflict of Interest or potential conflict of Interest that may arise during the term of this Agreement. B. All services required hereunder will be performed by the CONSULTANT or under its direct , supervision. All personnel engaged in performing the work provided for In this Agreement, shall be qualified, and shall be authorized and permitted under state and local laws to perform such services, , ARTICLE ASSIGNABILITY The CONSULTANT shall not snip any interest in this Agreement and shall not tranda any Interest In this Agreement (whether by assignment, novation or otherwise) without the prior written consent of the OWNER. CONSULTANT shall notify OWNER of any change of Its name and any significant change in its corporate stmehtre or operations. I0rAM.wC+waMIW1W1M~.rrllh llr N„ 1 M I~ i 13 1 i ARTICLE XXI MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. No evidence of any waiver or modification shall be offered or received in evidence In any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed. The parties further agree that the provisions o. this Article will not be waived unless as herein set forth. ARTICLE XX)Q MISCELLANEOUS A. The following Attachments are attached to and made a part of this Agreement- 1. Attachment "A" Fee Proposal (ARS Proposal No. 160-99-082) Dated March 3,1999 (9 pages) 2. Attachment "B" Project Timeline (2 pages) B. CONSULTANT agrees that OWNER shall, until the expiration of three (3) years alter the final payment made by OWNER under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the CONSULTANT Involving transactions relating to this Agreement. CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct examinationsor audits in compliance with this Article. OWNER shall give CONSULTANT reasonable advance notice of all intended examinations or audits. C. Venue of any suit or cause of action under this Agreement shall fie exclusively in Denton County, Texas. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. , D. For the purpose of this Agreement, the parties agree that Ayub R. Sandhu, P E., RPLS shall serve as principal-in-charge of the Project; and Richard T. Once, P.E., RPLS, shall serve as Project Manager. This Agreement has been entered Into with the undc;standing that Merin. Sandhu and Orice shall serve as the key persons on the Project. However, twthing herein shall limit CONSULTANT from using other qualified and competent members of their firm to perform the services required herein under their supervisionor control. E. CONSULTANT shall commence, carry on, and complete its work on the Project with all applicable dispatch, and In a sound, economical, efficient manner, and in accordance with the , provisions hereof. In accomplishing the Project, CONSULTANT shall take such steps as are t appropriate to ensure that the work Involved is properly coordinated with related work being carried on by the OWNER. F. The OWNER shall assist the CONSULTANT by placing at the CONSULTANCs disposal all available Information pertirent to the Project, including previous m)orts, any other data relative to the Project and ananging for the access to, and make al provisions for the , n . -•.verww,W W 9n ~ w i," n Y JM ~ 1. . 14 rater a c . CONSULTANT to enter in or upon, public and private property as required for the CONSULTANT to perform professional services under this Agreement. 0. The captions of this Agreement are for informational purposes o: y and shall not in any way affect the substantive temp or conditions of thl s Agreement. IN WITNESS WHEREOF, the City of Denton, Texas has executed this Agreement in four (4) original counterparts, by and through Its duly4uthodzed City Manager, and CONSULTANT has executed this Agreement by and through Its duly-authorized undersigned officer, on this the day of .1999. "CITY" CITY OF DENTON, TEXAS By: Michael W.let, City Manager ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: "CONSULTANT" ARS ENGINEERS. MC., a Corporadw I By: Ayub R. SwAu, P.E., RPLS President i ATTEST: ~ I t. I ~f~ U I v 6y. r , , ee...r,errw-~uMru rrvMnr +w ~ , I ; i3 III F i t ATYACMMSNT A Chp Englnterina " planning • Sun rying March 3. IM _ JI Mr. P.S. Arora, P.E., Via Lone Star Overnight Engineering Administrator Airbill No. 108161136 Denton Municipal Utilities 901 •A Texas Street Denton, Texas 76201 Rat Fee Pr opoaal for Engineering and Surveying Services to Relocatt Water and Wastewater Utilities along US 77 from IH 33 to US 380 In Denton, Team ARS Proposal No. 160-9&082 Dear Mr. Arora: AIRS Engineers, Inc, is pleased to have the oppurtunity to present this Fee Proposal for relocating City of Denton water and wastewater mains along US 77. We have based our proposal on the Scope of Services and line types and lengths included in the attached letter to you from Rust Environmental & infrastructure Inc. dated August 18, t998, excluding the new 16" water line per your directions. Services required for other line segments will be negotiated at the time that the City of Denton desires to have them designed. ARS proposes to provide the requested engineering and surveying services for design and comiruclion support for a Lump Sum Fee in the amount of $133,450.00 as IrdkAled on the enclosed man-hour estimate. The required casement work Is p: oposed m a cost of $990.00 per parcel. For establishing a project budget, ' 125 parcels are estimated for a budget of $123,750.00 resuhtng Ina total proposed fee of $257,200.00 As follows. Engineering: Water & Wmlewat.r ..:xations .....................$102,205.00 Surveying: Water & Wastewater Relocations 131,241, QQ Total Proposed Design & Construction Support ....................$133,450.00 Easement Parcels (Est. 125. ® $990.00). Estimated Total Project Budget ..............................................$257,200.00 t. 4 l~Pnuas~ht9A ltemsoet\[knw.,~at.10l2699 I t"' COnraftfng Englnterr 4245 N. Crnrral Expreuway • Sulu 500 Dallas, Texas 1320!•456! Phant (214) 512.8668 Far (114) 321.9214 email: mai104»thgrs.COM l6 wtbrlre: www.drremgn.tom . I i N ` C~ i March 3, 1999 Mr. P. S. Arora, P.E. Denton Muntclpal Vtllitics Page 2 If you have any questions or need additional information, please call Mr. Dick Brice ® 211.52248668. Sincerely, I a. ~ Ayu R. Sandhu, P. E., RPLS i RPLS President Enclosure ARS/ab cc: Mr. Jack Lyle Mr, Dick Grice I r w, 1.7 1 i Jl ~ a ENGINEERING SEUCE6 • F F. PROPOSAL AJiS ENGINEERS, INC. ~~gR Y 2<~t1 iY i WATLR 6 WASTLWATLt1 OL610N A *4 W ri x011 CITY OF DOOM PROPOSAL ft 1464"0 ih TA" 041011 WICIIIFITIOM m PM 6NOR TICK OM TOUT 0611CT Olq. ; SU114m 17.44 MIN 21.10 2060 .Will IN" ON 09SION Rwc ! 1 11 4460 n Pm* / 16 11 1 2 tl el WIN 1 pi"Awd 12 M 11,11 RAW 1/ N q / 44 N.1 N 1 tM«a 10 1q !10 Ja Hfa1 1 beM (141 10 111 160 m wiw 1 . 6 60 144 6 te 1 • wAsow tease 6 11! 160 60;/11 p,Hf 1 eetlen Ow (12) / n 101 01 "A" 10 Ttralrr« plena (4 1 60 IN 111 w Mta 11 OIAHO" • 0*11010 41810 4111101104 1 26 30 / M JOAN M.1M 12 a" bw rt"Was A spedwommme ! 1 40 1 1 K 2171 13 Papm 6 U b 1 TOTAL, a 110 NO n 1611 IM1a , CONSTI1UiCT100 FKW; 11 R mmommo el w4dft 1 / 1 I 1 /p1 6044 16 6w" bkb+wwnwMwW e 11 Drew MAtrr1«e e M M 17 ftl~dmwpq f M of If P"11" ommill a" 0 to ft" O*m _ 1 a 1o w /U►TOTAL• 0 1 44 60 1 Ill 1OTl:! 6 60 1144 116 21 1111 IN~~ AM L401VI ORB • TOTAL LAWA 006T6 M.M AM WOIMQRS • O=CT OOSTO RePwr4er4s+Mr1Yy I6M Dtlw4we IN TeSwf IN! MAL O NCT CODA • 441 1660 4 £rllineerittb 5107,201 Survey S 31,215 Subtotal 1113-45 Easement Survey Per Parcel Total S 127"750 'total Engineering Design S 257,200 ta' ■XNI~IT 11 1 ~i 111110111 1 4 T GRAPHIC SURVEYS HwY 1Lf R- °I! { TASK 1 i OIRlCT DOW LABOR DESCR1PTM mv.e.rmt.. ..wmr.r.® LMOA LMM 4 i ` TASK A I C D E F 0 N TOTAL war 01 COST NNt00E 47.10 3125 74.10 30.00 b b 11.10 0J00 N.71 HOURS %VLC) _-,LLC.11) 1 Prod MOWL%fs-qwm i I 7 2 • 1 17 11010 51001 E 1000vwk sww" RMy Rd 84 101.70 Is I INTO (N Mr371) I 1 14 11 N 11 0 I'm* E0112 OWM N b)+ym IN (N A { Nry 17) 1 Y 32 37 32 32 136 1,3005 1331.11 'i Dam411YCwww(?4Nrt77) 4 4 37 32 32 31 136 E37170 4,11324 OO IA in U** .%N Noy 310 (11 A 4 R" "1 20 30 60 q 0 0 310 1,3000 14.011.10 1 4 Y y 1 - A 10 11 12 Prpn 44nm+k 110 biy 1 I 70 0 11.00 0 __--fA{KI TOPO {URVlV{•MI --..__J~-_ u A 111 f0 10 x~10 S N4 12,0701~7t,0701 M3 ENOMEERS• TOTAL LABOR COSTS 27.30231 M4 ENOINEERS• DBLECT CMTI LABOR CATEOORiEY, A. PRINCIPAL Pf." Jwd MWO&ON" 13000 is PNOAKTVANAGIR)RPLI TnHI ndes" 000 PO 637.0 C0 SE74011 IURrEY TECH Dvowy.tca sumo 00 0• SURVEY 7104 We /YkE n_____ 3d0 E. PAA OMP F• MTRUMEW MAN TOTAL OAECT COSTI• MI 04246 Oa ROD" >1 K • AOMMTIWTIVE A{M{TANT FMO FEE: 100% I'M23 r• TOTAL FBI TASK 1; 131J46 N 1 1 i i 03'2541 !wwlwnrmwaanrw wl / jf 1 } 19 r; i II I SCHEDULE OF CHARGES FOR ADDITIONAL SERVICES EXHIBIT "A" CITY OF DENTON WATER 8 WASTEWATER RELOCATIONS ALONG US 77 The following schedule of charges is for additional Items of work as discussed In Article V-0 of the contract between the City of Denton, Texas and ARS Engineers, Inc. Those items of will be as requested by The City of Denton In addition to the Basic Services. These charges are hourly and include direct salary, overhead and profit factors for the rates Indicated below. CLASSIFICATION CHARGE Principal in Charge $114.80 Project Manager $88.68 Project Engineer $66.68 Survey Manager, RPLS $76.82 Senior Survey Tech $58.63 CADD Tech $50.34 Party Chlef $63.84 Instrument Man $34.85 { Rodman $21.78 I Clerical $40.64 DenAdd$$.wk4 W 20 c 1 u a n n n f 1 ( r • 1 n , n (l nn nn1 u + l I„ 11t ir» I>I tq V [ 1, n YM n v1[ rl Y11 I le DMNbm U ail[ N N Yf YI' Y7[ Vli ~M I L b [M I[rl- ' t1r[Iw ~WIr 01-- --rl nil ANN, NArio ~roonl 11 ~ j-r- Dergnfen~NConbw _ ~ ! I Inh lrlun.~ -i- l~xunp Uwry GU i OWN 1.. rnMn.mIWeW N.r.nua4_ _R, !I ' 1 I 1 ~ I r.[men wnie..w run. ~ [ _ r.mn.w[IIy1N Wh FrM M I3 ' 1 1 i.. rN.~rv.r Oerp~llWnimJ!i i I {M [+M Ii.rISW ~ IN 3 i! 1 rim AL Dt[rDtl 1T don. hww rM tuen.mw f• r FnN W11M Mwl r,.W ~ i fnN wMh+Nr, VIw.IFWW... 1. I WNr lq w..MrNrr D.irw 1-~ I■ If- PaiaitvwN rw~. >r i■ i1 DO,ra r. 4 ih N p "'MC.0to or is I ~ f1 aMy rnW.nc.rCmrN " le ` ( 1 lw%rue IAM id H- urya.~: ~ it i F x1,a NM N ra(ry room Emr f. N U1(IIrmTDlY[lOrlllrf Otl V.rlytmrR b~em~rnp tw i ~ ~ !.-fi khoorh wart Mimi _(i... Fr~r.d u.r. WIN 0 Ir ir.prr Eereplenl (6rVr1 r.[.1urrM 11M1Nhrtw~ 'rnyraD«renw~ww[d./1r ,M NNO§ ~DNr rw Y+nr Aurrn luTh[7 rdd ly [rrelrrQ a i 1 1 n r I N I I v l n n Il n 11 w a r 1 f11 b Io114nM 41 N 1 YII t/ _ M H 11 Yla MI Y11 YI Yll 1 I 1Y11 1 1 1 M111114111 114 limp la ~y.car 7 M n CWMIRIICMr Sa 'M ~r.MYf/T IWYa CO' j . rn [amlwlm'M~►0 M I 4n 0,40 wN ldxdul 11x1 MY4al pop r t c i i •I i ' i i Apoth lkltt ~ ~ ` i AGENDA INFORMATION SHEET AGENDA DATE; Apn'16, 1999 DEPARTMENT: Electric Utility ACM: Howard Martin, 349.9232 W- SUBJECT: CONSIDER ADOPTION OF AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW FIRM OF DICKSTEIN, SHAPIRO, MORIN & OSIHNSKY, L.L.P., WASHINGTON, D.C. PERTAINING TO THE SALE, ASSIGNMENT OR OTIIER DIVESTITURE OF ALL OR A PORTION OF THE ELECTR UTILITY ASSETS OF THE CITY OF DENTON. TEXAS; AUTHORIZING THE EXPENDITURE OF F UNDS THEREFOR; AND PROVIDINO AN EFFECTIVE DATE. t BACKGROUND, Completion of the bid process and possible sale of all or part of the generation assets of Denton Municipal Electric is a complex process that will require coordination of nurerous legal issues. Timely response to legal questions and completion of tasks requiring the edvicc of attorneys is critical to the success of the divestiture process. There are numerous specialized areas of legal coordination required such as Issues related to the Federal Energy Regulatory Commission, the Federal Trade Commission, the Internal Revenue Service, the Securities and Exchange Commission, the Environmental Protection Agency, the Texas Natural Resources Conservation Commission and the Texas Public Utilities Commission. In addition, there will be ongoing requirements for legal advice on matters such as legal aspects of power purchase contracts, possible methods of divestiture or assignment of Denton's TMPA obligations, review and legal advice related to offering memorandum documents and selection process, determination of the legal sufficiency of any offer or bid received, real estate and land title issues, environmental law, preparation of closing documents for the City as Seller, assistance in negotiation of closing documents, etc.. This broad area of legal expertise requires support of a firm or group of firms with experience in the power industry, acquisitions and divestitures, state and federal regulatory law, public finance dealing with Joint power agencies and local bond Issues, environmental law, labor law, and possibly litigation, as well as the ability to respond immediately to the need for legal advice. Reed Consulting indicated that all of their clients who have engaged in a divestiture effort have retained specialized outside counsel to perform these tasks. f ~lrv r i t I~ i c V4 OPTIONS: 1. Hire the Dickstein firm of Washington DC and it's associated subcontractors. 2. Utilize the City Attorney staff to perform the required work. RECOMMENDATIONS: Staff recumntends hiring the Dickstein firm. The City Attorney's staff does not have expertise in many of the required areas of the law. This lack of experience would require additional research time and risks overlooking critical issues. In addition, their regular workload and conflicting priorities prevent them from responding to the tight schedule of the generation RFP process In a timely fashion. ESTIf1IATED SCHEDULE OF PROJECT: Selection of a winning bidder in October of 1999. Closing completed as soon as possible thereafter. PRIOR ACTIONIREVIEW (Council. Boards. Commission): The Public Utility Board will consider this contract at its April 5, 1999 meeting. The result of that vote will be provided to Council when this item is presented at the April 6,1999 Council meeting. FISCAL INFORMATION: Cost not to exceed $450,000. BID INFORMATION: After research through peer contacts, consultation of the Martindale-Hubbell Legal Directory, review of APPA articles and trade publications and legal journals, and discussions with Reed Consulting, the only Texas firm found to have all the qualifications required was Fulbright & Jaworski. That firs was conflicted out due to their representation of TMPA. Five firms were identified as potentially having the necessary expertise. Further research resulted i reduction of the list to three firms; • LeBeouf, Lamb, Greene & McRae (Boston, Mass.) • Dickstein, Shapiro, Morin & Oshinsky (Washington, D.C.) • McDermott, Will & Emery (New York, N. Y.) The Dickstein firm provided the best Texas support by agreeing to Include the Dallas firm of Strasburger & Price in their learn. With this addition, the Dickstein firm presented the best , J~ r overall qualifications for the engagement. The Dickstein firm's cost proposal was also conside,ably more cost effective than those of the other firms who were considered. 2 t a c~ Respectfully submitted: Sharon Mays Director, Electric Utility w. k ~l? \ G I 3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON; TEXAS AUTHORIZING THE CITY MANAGER TO EX£#~UTE AN AGREEMENT FOR' PROFESSIONAL LEGAL SERVICES WITH THE LAW FMM OF DICKSTEIN, SHAPIRO, MORIN tit OSHINSKY, LLP, WASHINGTON, D.C. PERTAINING TO THE SALE, ASSIGNMENT, OR OTHER DIVESTITURE OF ALL OR A PORTION OF THE ELECTRIC UTILITY ASSETS OF THE CITY OF DEN TON, TEXAS; AUTHORIZINO THE EXPENDITURE OF FUNDS THEREFOR, PROVIDING FOR RETROACTIVE EFFECT OF THE AGREEMENT; AND PROVIDMO AN EFFECTIVE DATE. ,i WHEREAS, the City Council deems it necessary and in the public Interest to engage the law firm of Dickstein, Shapiro, Morin tit Oshinsky, LLP (the 'Dickstein firm', Washington. D.C., to provide professional legal services to the City pertaining to the We, assignment, or other divestiture of all or a portion of the electric utility assets of the City of Dentoe,'fexas; atoll 'hTIEREAS, the City, in order to ascertain its legal rights and ahemadves, considering the approach of several critical deadlines In the divestiture process, on March 12, 1999, requested that the Dickstein firm provide it with legal advice and services in the highly specialized areas of public utility regulatory law, several key areas of utility transactional law as it relates to Denton's possible divestiture of all or a portion of its electric utility assets, and other matters of significant importance concerning the proper posturing of Denton Municipal Electric's activities considering the current market and the effect of impending electric deregulation legislation. The Dickstein firm is presently asalsting and supporting City staff, and have already provided the City with much Deeded advice and legal support Accordingly, it is M41,vpriate that the Agreement for Professional Legal Services with the Dickstein firm .ttached hereto, should be ratified, and should be made retroactively effective as of March 12, 1999 In order to properly compensate the Dickstein firm for its work and expenses Incurred at the specific instance and request of the City, which work has directly benefited the City; and WILIREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the foregoing professional services, as set forth in the Agreement for Professlonal Legal Services; NOW, THEREFORE, THE COUNCIL OF THE C?TY OF DENTON HEREBY ORDAINS: SEC110N IP That the City Manager Is hereby authorized to execute an Agreement for Professional Legal Services with the law rum of Dickstein, Shapiro, Morin 1k Oshinsky, LLP, Washington, D.C. for professional legal services pertaining to the We, assignment, or other divestiture of all or a portion of the electric utility assets of the City of Denton, Texas, In substantially the form of the Agreement for Professional Legal Services attached hereto and Incorporated herewith by reference. { t 1 r SECTION IL• That the award of this Agreement is on the basis of the demonstrated competence and qualifications of the Dickstein firm and the ability of the Dickstein firm to perform the professional tow services needed by the City for a fair and rewona►p. ;rice. SD-nO j That the expenditure of funds as provided for in the attached Agreement for Professional Legal Services is hereby aut'wrized. SECTION W:- That the Agreement for Professional Le fat Services is hereby ratified and retroactively approved, and shall be effective from and after March 12, SECTION V: That this ordinance shall become effective Grmediately upon its passage and approval. PASSED AND APPROVED this the day of .1999. ; JACK MILLERS MAYOR ATTEST: JENMFLK WALTEKS, CITY SECRETARY By: { APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: i S od owwwnhWr&wm\99bkks*1n3hpW Ah W K PSA DW &tsL*x IF 3 C t Y, STATE OF TEXAS $ COUNTY OF DENTON $ CONTRACT FOR PROFESSIONAL LEGAL SERVICES THIS AGREEMENT, made and entered into this the 6th day of April, 1999, by and between Dickstein, Shapiro, Morin & Oshinsky, L.U., a Limited Liability Partnership, 2101 L Street NW, Washington, D.C. 20037, hereinafter refereed to as "Consultant"; and the City of Denton, Teas, a Texas Municipal Corporation, :IS E. McKinney, Denton, Texas 76201, hereinafter referred to as "City". WITNFSSETH WHEREAS, the City finds it necessary and appropriate to employ outside legal counsel to perform professional legal services in several highly specialized areas of law pertaining to the proposed divestiture of its electric system assets, including without limitation: public power acquisitions and divestitures; public utility regulatory law at the n tie and federal levels; significant real ertste transactional and merger and acquisition expertise; and public finance expertise In Dealing with complex joint power agency and local bond law Issues; and WHEREAS, the Consultant is willing to perform such services in a professional manner as an independent contractor; and Consultant, in connection with this engagement has secured the professional servicei of the law firm of Strasbutger d; Price, L.L.P., of Dallas, Texas, hereinafter referred to as " Subconsultant" in order to provide Consultant and the City with legal assistance and support regarding selected state and local matters selected by Consultant and the City, incident to the proposed divestiture; and WHEREAS, the Consultant is 'rifling to perform such services In, a professional manner as an Independent contractor; and w WHEREAS, the City desires to engage the Consultant to render the professional services in connection therewith, and the Consultant is willing to provide such services; and WHEREAS, the City acknowledges that the attorreyclient relationship arising with Consultant under this Agreement is limited to representation of use City of Denton, lexas, and no other person or entity; and NOW, THEREFORE, In consideration of the promises and tlu- mutual obligations covenants contained herein, the parties hereto do herby AGREE as follows: 1. jWZ of Servjw: The Consultant shall perform the followin t services in a professional manner working as an independent contractor not under the direct supervision and control of the City: A, Services to be provided: I. The Consultant shall serve as lead outside legal counsel to the City to provide legal services to assist the City in the lawful divestiture of its electric system assets, The Consultant shall, to the extent reasonably possible, coordinate the efforts of the other outside legal counsel retained by the City on the electric system divestiture project in order to plan and task the necessary services in an efficient, cost-effective manner, without duplication of services, benefiting the City. Significant duties of Consultant in this engagement include, without , limitation: analyzing and preparing numerous complex transaction documents; advising the City with respect to divestiture and divestiture-related issues; counseling the City with respect to offering and auction plans; advising the City relating to bid procedures;, providing legal services necessary for the City to obtain any required local, state, or federal regulatory approvals regarding any divestiture transaction or transactions; evaluating the legal effects and relative strengths or weaknesses respecting bids received by the City during the divestiture process; coordinating and conducting thi closing of any divestiture transaction or transaction; providing legal services related to the divestitute proses, which relate to pertinent public finance issues; and shall provide advice and counsel to the City in connection with other legal issues pertaining to the City's compliance with all applicable laws and regulations governing the divestiture process. It is expressly agreed and understood that in the event that litigation should arise In connection with, or related to the electric system divestiture process, or otherwise, that such services are not included within the scope of services of this Agreement. In the event that any such litigation should occur, it will be necessary for the City and Consultant to negotiate a separate Agreement with terms appropriate considering the relevant circumstances. 2. Consultant shall also serve as legal counsel to the City of Denton. Text- and its Municipal Ekvlric Utility, respecting the Denton electric system divestiture matters, and shall negotiate with representatives of other cities. the Texas Municipal Power Agency ("TMPA"), bidders, and other pcreons and entities Involved as interested parties to the electric system divestiture process, as an Integral part of the City's negotiating team. Consultant shall provide legal sen ices respecting any restructuring of D enton's relationship with TMPA as it bears to the proposed divestiture transaction(s), The Consultant shall work with designated City of Denton officials and employees; with the Recd Consulting Group and R. Covington Consulting, the City's lead outside consultants on the electric system divestiture project; and shall, upon reasonable request; brief the Mayor, other City Council members, and the Public Utilities Board, as requested, 3. Consultant shall also consult, as requested, with the City Manager, the Assistant City Manager of Utilities, the Director of Electric Utilities, the City Attorney, any other designated City staff and designated outside legal counsel of the City, respecting any and all aspects of the services to be performed under this Agreement. Consultant shall confer by conference call or otherwise with the Director of Electric Utilities, Reed Consulting Group, and the City's Utility Attorney on a twice-monthly basis In order to discuss the current status of Consultant's work and to discuss appropriate coordination of future activities of the City staff, i Rced Consulting Group, other members of the electric system divestiture team, and the Consultant, 4. Consultant shall make all reasonable efforts to perform all the professional services provided for by this Agreement in a timely fashion, and shall complete same In Contract For Proressional Legal 5ervkes - Page 2 I M t i t: compliance with schedules established and coordinated by the City through its director of , Electric Utilities and City Attorney, through discussions with the Consultant, as appropriate to carry out the terms and conditions of this Agreement. 11. I=: Consultant and the City agree that the term of this Agreement shall begin effective as of March 12, 1999, as the parties hereto have agreed that this Agreement shall be retroactively approved, and that the acts taken by the Ronsultant prior to the City's governing body approving this Agreement are hereby ratified and confirmed for all purposes. This Agreement shall terminnie upon the earlier of the completion of the professional services contemplated hereby or the exhaustion of the funds provided hereby. This Agreement may be sooner terminated in accordance with the provisions hereof. Time Is of the essence of this Agreement. In the event that this engagement becomes inactive for a period of one year, or if the Consultant has no occasion to perform any legal services In connection with this matter for a period of one year, this engagement shall be deemed terminated unless Consultant and City otherwise agree in writing, to the contrary. Ili. Compensation and Method of Payment: A. Consultant shall charge the following fees for its professional services hereunder, based on the following fees for its professional services hereunder, based on the following hourly billing rates for the attorneys and support staff involved in this matter: 1. Consultant shall charge the City the regularly established billing rates set forth in Exhibit "A" attached hereto and incorporated herewith by reference, 2. Subconsultant shalt charge the City the regularly established billing rates set forth in Exhibit "B" attached hereto and incorporated herewith by reference, which fees shall be billed through and collected by Consultant. 3. Consultant and Subconsuitant each adjust their respective hourly billing rates periodically, normally on a once per year basis. Consultant shall provide the City with reasonable prior written notice of any such changes. Any change to such tees shall be for no more than a reasonable amount, and shall be in accordance with the same amount, or a lower amount than the amount of hourly fees changed for the two firms' other clients. 4. City has requested, and Consultant has agreed, that Consultant's usual requirement of a cash retainer shall be waived respecting this engagement. 5. Consultant and Subconsultant agree that the City Is entitled to a five (544) percent discount on all fees for professional services rendered by the two fl rms. 6. Consultant and Subconsultant shall bill attorney time at mi .1mum one. tenth (.I) hour increments, B. Consultant will try to reduce costs whenever feasible by utilizing qualitled partners, associates, paralegals, and support staff. The Consultant shall bill the City through the submisslon of itemized Invoices, statements, and other documentation, together with supporting data indicating the progress of the work and the services petformed on the basis of monthly statements showing hourly rates indicating who performed the work, what type of work was done, and descriptions and/or details of all services rendered, along with specific description and supl ting documentation, if available, respecting any reasonable and necessary out-of- Contract rot Profex Iona! Legal 5ervlees - Page 3 J\ t u ' pocket expenses Incurred. Consultant shall also include with its itemized invoices and other supporting documentation to the City, such itemized invoices and other supporting documentation arising out of Subconsultant's rendition of legal services regarding this matter, At all times during the course of this engagement, the City shall pay any amounts Invoiced from S!ibcontractor Nough Consultant, to Consultant, for the benefit of Subcorsultanl. City intends to pay all undisputed items set forth on any itemized invoice or statement issued hereunder within thirty (30) days receipt of same from the Consultant. In the event that the City disputes or protests any item of an itemized invoice of statement issued by Consultant or Subconsultant under this Agreement, it will promptly notify Consultant in writing, within thirty (30) days after its receipt of the itemized Invoice or statement, specifically describing the item(s) protested or disputed, and its reason(s) for protesting or disputing the item(s). Pending resolution of such dispute, the City may withhold payment respecting the disputed item(s) only, and shall otherwise timely pay the remaining undisputed amounts billed to it. III C. Consultant and the City agree that all charges for the legal services provided under this Agreement, includirg all professional services rendered by Consultant and Subconsultant combined, and including direct out-of-pocked expenses, shall not exceed Four Hundred and Fifty Thousand Dollars (S 450,000.00). D. Consultant anticipates that it will make various disbursements and incur various internal costs In connection with this engagement. In accordance with its usual practice, City and Consultant agree that disbursements to third parties for local transportation and travel, postage, messengers, commercial printing services, bulk photocopying charges, and other such miscellaneous items, shall be billed to the City at actual cost. Air travel by Consultant shall be reimbursed to the extent of the applicable coach airfare. In the event that a third party bills for expenses incurred on the City's behalf in esecss of $ 2,500.00, Consulted reserves the right to request that the City be the client of the particular vendor and pay such vendor directly. E. Consultant shall bill internal support services to City either on a direct-cost basis 1 (which includes a reasonable allocation of overhead directly associated with the provision of service, or in accordance with the Consultant's standard rates. Delivery services, express mail and related couriers, and long-distance telephone expenses are charged at or below the direct cost of the particular service The following support services are charged by the Consultant on a flat-rate basis: Outgoing teiecopicr services are charged at $ 1.50 per page, which also includes all costs for long-distance transmission. There is no charge for incoming teleeopies to the Consultant. Photocopies shall be charged to City at the rate often cents per page, if the copies are made at the Consultant's facilities. Computerized legal research is charged at a 20% discount from the computer companies' standard published rate schedules. F, The parties anticipate invoices or statements for services will be generated on a once-monthly basis by Consultant, and by Subconsultant, once it has begun providing services and incurring expenses on the Project at the direction of Consultant, Consultant shall send invoices or statements to City on or about the 15'" day of each month, The City shrill make payment to the Consultant within thirty (30) days of the receipt of un Itemized Involc( )r statement, except as provided In subparagraph IILB hercinabove, All invoices and bills shall be approved for payment by the City Attorney and the Director of Electric Utilities. 0. It is understood that the Consultant shall work under u: direction and oversight of the Director for Electric Utilities or her design", and the City Attorney. Contract For Professional Legal Services- Page 4 11. All notices, billing statements and invoices shall be made in writing and may be given by personal delivery or by mail. Notices and Invoices sent by mail shall be addressed to: Herbert L, Prouty, City Attorney, 215 E. McKinney, Denton, Texas 76201, as to the City. Notices sent by mail shall be addressed to Kenneth N1. Simon, Attorney, Dickstein, Shapiro, Morin & Oshinsky, UP. 2101 L Street NW, Washington, D.C. 20037, as to the Consultant. When so addressed, the notice, invoice, and/or payment shall be deemed given as of three (3) days after its deposit in the United States Mail, postage prepaid. In all other instances, notices, invoices, and/or payments shall be deemed given at the time of actual delivery. Changes may be made In the names and addresses of the responsible person or office to whom notices, invoices, and/or payments are to be sent, provided reasonable written notice is given. IV. Professional Com2gtoncy A. Consultant agrees that in the performance of these professional services, Consultant shall be responsible for the level of competency and shall use the same degree of skill and care presently maintained by other practicing professionals performing the same or similar types of work. For purposes of this Agreement, the key person who will serve as the City's point of contact, who is also responsible for coordinating Consultant's and Subconsultam's work on the Project shall be Kerineth M. Simon, a Partner of Consultant. However, nothing herein shall restrict Consultant from using other qualified and competent members of its firm, or of the SubeonsuItant fires, to perform the services provided for herein, provided that such delegation of work avoids unnecessary duplication of service or expense, and reasonably serves the City's best Interests. B. All legal documents as well as any legal opinions prepared or obtained under the terms of this Agreement are instruments of service and the City shall retain ownership and a property interest therein. If this Agreement is terminated at any time for any reason prior to payment to the Consultant for work under this Agreement, all such documents prepared or obtained under the terms of the Agreement shall upon termination be delivered to and become the property of the City upon request and without restriction on their use or further compensation to the Consultant. V. Establishment and Maintenance of Records: Full and accurate records shall be maintained by the Consultant at its place of business with respect to all matters covered by this \ Agreement. Such records shall be maintained for a period of at least three (3) years after receipt of final payment under this Agm-menu, Vt. Audits end InsMtion: At any time during normal business hours and upon reasonable notice to the Consultant, there shall be mode available to the City all of the Consultant's records with respect to all matters covered by this Agreement. The Consultant shall pennit the City to audit, examine, and to make excerpts, copies, or transcripts from such records, and to make audits of contracts, Invoices, materials, and other data relating to all matters covered by this Agreement. 4 Vll. Accomplishment of Project: The Consultant shall commence, cant' on, and 1 r complete any and all projects with all practicable dispatch, in a sound, economical and aTicient manner, and, In accordance with the provisions hereof end all applicable laws. In accomplishing the projects, the Ccnsultant shall take such steps as are appropriate to ensure that the work Contract For Professional Level Services - Page S r involved is properly coordinated with related work being carved on by the City, Consultant shall also take all reasonable steps to protect the confidentiality of the City's documents, materials, and information that is of a sensitive, competitive, proprietary, or confidential nature, consistent w!th applicable law concerning professional ethics and responsibility, realizing the value of such information to the City. Vill. Conflicts of lntereedC ftXR ,Qf Denton: The City acknowledges and agrees that Consultant shall remain free to represent existing or new clients in other matters that are not substantially related to line representation specified in this Agreement, and which would not involve any use by Consultant (unless the City consents) of any confidential information the Consultant has obtained from the City in this representation, even though the Interests of any other clients in such matters may be adverse to the City's Interests. The Consultant has requested, and the City agrees not to object to the Consultant continuing or undertaking such representation of other clients In matters where their interests are adverse to the City, but the matters are not substantially related to the subject of the present engagement, and do not involve any use by the Consultant (unless the City consents) of any confidential information that Consultant has obtained from the City during this engagement. IX, indemnity and lneoendent contractor RelationShlo: A. The Consultant shall perform all services as an independent contractor not under the direct supervision and control of the City, Nothing herein shall be construed tts creating a relatlowhip of employer and employee between the parties. I B, The City and Consultant agree to cooperate in the defense of any claims, action, suit, or proceeding of any kind brought by a third party which may result from or directly or Indirectly arise from any negligence and/or errors or omissions on the part of the Consultant or from any breach of the Consultant's obligations under this Agreement. In the event of any litigation cr claim under this Agreement in which Consultant Is joined as a party, Consultant shall provide suitable counsel to defend the City and Consultant against such claim, provided the Consultant shall have the right to proceed with the competent counsel of its own choosing, The Consultant agrees to defend, indemnify and hold harmless the City and all of its officers, officials, agents, servants, and employees against any and all such cialms to the extent of coverage by Consultant's professional liability policy. The Consultant agrees to pay all expenses, including but not limited to attorney' fees, and to satisfy all judgments which may be incurred or rendered against the Consultant's professional liability insurance policy. No,hing herein constitutes a waiver of any rights or remedies the City may have to purses either at law or in equity, including, without limitation, a cause of action for damages or loss to the City, resulting from Consultant's negligent errors or omissions, or breach of contract, and all such rights and remedies are hereby expressly reserved. C. Consultant shall maintain and shall be caused to be In force at all limes during the tern of this Agreement, a legally binding policy of professional liability Insurance, listed by hest Rated Carriers, with a rating of "A." or move, issued by at insurance carrier approved to do business in Texas by the Texas Department of Insurance. Such coverage shall cover any claim hereunder occasioned by the Consultant's negligent professional i act, error or omission, in an amount not less than Three Million Dollars ($3,000,000.00) combined single limit coverage per occurrence. In the event of change or cancellation of Contract For Professlonal Legal servicca - Fade 6 c s III I the policy by the insurer, the Consultant hereby covenants to immediately advise the City tbereo''t and in such event, the Consultant shall, prior to the effective date of change or cancellation, deliver a copy of a s0stitute policy famishing the same coverage. The Consultant s'tall provide a copy of such policy as well as the declarations page of the policy, to tha City through its Director of Electric Utilities, simultaneously with its execution of this Agreement. X. Termination of Agreement: A. In connection with the work outlined in this Agreement, it is agreed and fully understood by the Consultant that the City may cancel or indefinitely suspend further work hereunder or terminate this Agreement, with or without cause, at any time upon twenty (20) days written notice to Consultant, and Consultant shell Immediately cease all work being performed under this Agreement, unless otherwise instructed by the City. Consultant may terminate this Agreement by giving the City twenty (20) days written notice that Consultant is no longer in a position to continue repreu sting the City. Consultant shall invoice the City for all work satisfactorily compleW and shall be compensated In accordance with the terms of this Agreement. All reports and other documents, or data, or work related to the Project shall become the property of the City upon termination of this Agreement. B. This Agreement may be alternatively terminated, In whole or in part, in writing, by either party, in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party. Provided, however, that no such termination may be affected, unless the other party is given [1) written notice (delivered by certified mail, return receipt requested) of intentto terminate, and not less than thirty (30) calendar days to cure the failure; and (2) an opportunity for consultation with the terminating party prior to termination. 1 C. Nothing contained herein or elsewhere In this Agreement shall require the City to pay for any work which Is unsatisfactory, which has been protested by the City in accordance with the provisions of Article II1.B. herelrtabove, or which Is not submitted In compliance with the terms of this Agreement. Xi. Alternate ~Dispute Resolution: The Consultant and the City agree that, if necessary, they will use their best efforts to resolve any disputes that might arise between them regarding the Agreement through the use of mediation or other forrss of alternate dispute resolution as are set forth In Chapter 134 of the Texas Civil Practice and Remedies Code (V.A.T.C.S,). XII. Mire Agreement: Ills Agreement represents the entire agreetr,ent and understanding between the pa,iies, and any negotiations, proposals, representations, or oral agreements are Intended to be Integrated herein and to be superseded by this written Agreement. Any supplement or amendment to this Agreement to be effective shall be In writing and signed by the duly-authorized officers and officials of Consultant and the City. Xill. Compliance with Laws: The Consultant shall comply with all federal, state, ~ and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereafter be amended. Contract For Proresslo.A Lessl Services - Pose 7 I f c I X1V. Governing Law: For the purpose of determining place of agreement and law governing same, this Agreement is entered Into in the City and County of Denton, State of Texas, and shall be govemed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with this Agreement shall be exclusively in a court of competent jurisdiction sitting In Denton County. XV. Discrimination Prohibited: In performing the services required hereunder, the Consultant shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. XVI. Pus nine]: A. The Consultant represents that it has or will secure at its own expanse all persomul required to perform all the services required under this Agreement. Such personnel shall not be employees or have any contractual relations with the City. Consultant she'l inform the City of any conflict of interest or potential conflict of interest that may ar;x during the term of this Agreement, in accordance with Consultant's responsibilities under the Washington, D.C. Disciplinary Rules of Professional Conduct, as the same may now read or be hereafter amended. Subconsultant's responsibilities hereunder are provided for in the Texas Disciplinary Rules of Professional Conduct, as the same may now read or be hereafter amended. i B. All services required hereunder will be perfo,ned by the Consultant or under its F direct supervision. All personnel engaged In work shall be qualified and shall be authorized, permitted, or licensed under applicable state and local laws to perform such services. XVIL Assignability: The Consultant shall not assign ar.y interest in this Agreement and shall not transfer any interest in this Agreement (whethrr by assignment, novation, or other Aise) without the prior written consent of the City thcao. XVIII. Sevcrability: All agreements and covenants contained herein are severable, and in the event any of them, with the exception of those contained in sections headed "Scope of Services", and "Compensation and Method of Payment" hereof, shall be held to be invalid by any court of competent jurisdiction, Ns Agreement shall be interpreted as though such invalid agreements or covenants were not contained herein. XIX.. )mss +ilities for Claims and Liability: Approval by the City shall not constitute nor be deemed a release of the responsibility and liability of the Consultant for the accuracy and competency of its work; nor shall such approval be deemed to be an assumption of such responsibility of the City for any defect in any report or other documents prepared by the Consultant, its attorneys and employees, XX, Modification of A egr ement: No waiver or modifcalion of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. No evidence of any waiver or modification shall be offered or received In evidence in any proceeding arising between the parties hereto out of or affectirg this Agreement, or the rights or obligations of the parties hereunder, unless such waiver contract For Professional Legal Services - Pa fie 9 r c' or modification is in writing. duly executed as aforesaid. The parties further agree that the r provisions of this Article shall not be waived as herein set forth. XXI. Ca ions: The captions of this Agreement are for informational purposes only and shall not In any way affect the substantive terms or conditions of this Agreement. XXII. Bindi ffect: This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors, and assigns where permitted by this Agreement. M WITNESS HEREOF, the City of Denton, Texas, has executed this Agreement In four (4) original counterparts by and through its duly-authorized City Manager, and Consultant has executed this Agreement by and through its duly-authorized undersigned Partner, dated this the 6th day of April, 1999. CITY OF DENTON, TEXAS A Texas Municipal Corporation By: Michael W. Jez, City Manager ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS fO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: 1~ - DICYSTEIN, SHAPIRO, MORIN & OSHINSKY, A Limited Liability Partnership By. Kenneth M. Simon, Partner ATTEST: r (t;. By: f.10ur Pxumeeu`Conuub%0MMA0UjW 4tervlcts CoMnd • t»dP,doe Contract rot Professional Legal Services - Past 9 a f a 1 rl01tid1 - 0 AGENDA INFORMATION SHEET AGENDA DATE: April b, 1999 DEPARTMENT: City Manager's Office CM: Mike fez, City Manager i SUBJECT Consider nominations and appointments to the City's Boards and Commissions. BACKGROUND The following Is a list of current Board/CommisCon vecancieslnominstions: Bill Swain has resigned from the Keep Denton Beautiful Board. This is a nomination for Council Member Young. Steven Poston has resigned from the Keep Denton Beautiful Board. This is a nomination for Council Member Durrance. Fran Moore has resigned from the Human Services Committee. This is a nomination for Council Member Burroughs. if you require any further information, please let me know. R ectfally submitted: fer Welt n Secretary r !1' ' r 1 1 i t. r.,JND OF i FILE E r a,^ F s